}iMi\' 


UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


SCHOOL  OF  LAW 
LIBRARY 


^ 


SUPPLEMENT 


TO  THE 


CODES  AND  GENERAL  LAWS 


OF  THE 


STATE  OF  CALIFORNIA 


OF 


1915 


SHOWING    THE    CHANGES    AFFECTING    THE    CODES    AND    THE 

GENEEAL    LAWS    TO    THE    END    OF    THE 

LEGISLATIVE   SESSION 

OF  1917 

BY 

JAMES  H.  BEERING 


SAN  FRANCISCO 

BANCROFT-WHITNEY  COMPANY 

1917 


Copyright,  1917, 

BY 

BANCROFT-WHITNEY  COMPANY 


Ran  Franoisco 

The  Fir-MF,R  Brothers  ELKrTBOTYPE  Company 

Typographers  and  Rtereotypers 


THE 

CODE  OF  CIVIL  PROCEDURE 

OF  THE 

STATE  OF  CALIFORNIA. 

AMENDMENTS  OF  1917. 

§  67a.  Judges  in  counties  of  first  class.  Appointment  of 
two  additional  judges.  Election.  Salary.  lu  counties  of  the 
first  class  there  shall  be  twenty  .judges  of  the  superior  court, 
any  one  or  more  of  whom  may  hold  court,  and  there  may  be 
as  many  sessions  of  said  court  at  the  same  time  as  there  are 
judsres  thereof.  The  said  judges  shall  choose  from  their  own 
number  a  presiding  judge,  who  may  at  any  time  be  removed  as 
presiding  judge  and  another  judge  chosen  in  his  place  by  a 
vote  of  any  twelve  of  them.  The  presiding  judge  shall  dis- 
tribute the  business  of  the  court  among  the  judges  thereof,  and 
prescribe  the  order  of  business  and  perform  such  other  duties 
as  the  judges  of  the  said  court  may  by  rule  provide.  The  judg- 
ments, orders  and  proceedings  of  any  session  of  the  superior 
court  held  by  any  one  or  more  of  the  judges  of  said  court 
shall  be  equally  as  effective  as  if  all  the  said  judges  of  said 
court  presided  at  such  session.  Within  thirty  days  after  this 
act  goes  into  effect,  the  governor  shall  appoint  two  additional 
judges  of  the  superior  court  in  counties  of  the  first  class  in 
addition  to  the  eighteen  superior  court  judges  already  pro- 
vided by  law  in  and  for  the  said  counties  of  the  first  class  who 
shall  hold  office  until  the  first  Monday  after  the  first  day  of 
January,  1919.  At  the  next  general  election  to  be  held  in 
November.  A.  D.  1918,  two  additional  judges  of  the  superior 
court  shall  be  elected  in  counties  of  the  first  class,  who  shall 
be  successors  of  the  judges  appointed  hereunder,  to  hold  office 
for  the  term  prescribed  by  the  constitution  and  by  law.  The 
salaries  of  said  additional  judges  shall  be  the  same  in  amount 
and  be  paid  in  the  same  manner  and  at  the  same  time  as  the 
salaries  of  the  other  judges  of  the  said  counties  of  the  first 
class  now  authorized  by  law.  [Amendment  approved  Mav  5. 
1917;  Stats.  1917,  p.  247.] 

1  (1) 


§§  86-103  CODE  OF   CIVIL   PROCEDURE.  2 

§86.  Justices'  clerk.  Bond.  Appointees.  Duties.  The 
supervisors  of  such  city  and  county  shall  appoint  a  justices' 
clerk  on  the  written  nomination  and  recommendation  of  said 
justices  or  a  majority  of  them,  who  shall  hold  office  during 
good  behavior,  and  who  shall  receive  a  salary  of  three  thousand 
dollars  a  year.  Said  justices '  clerk  shall  take  the  constitutional 
oath  of  office  and  give  bond  in  the  sum  of  ten  thousand  dollars 
for  the  faithful  discharge  of  the  duties  of  his  office  and  in  the 
same  manner  as  is  or  may  be  required  of  oiScers  of  such  city 
and  county.  A  new  or  additional  bond  may  be  required  by  the 
supervisors  of  such  city  and  county  and  in  such  amount  as  may 
be  fixed  by  said  supervisors  whenever  they  may  deem  it  neces- 
sary. The  said  clerk  may  appoint  a  chief  deputy  at  a  salary  of 
two  thousand  four  hundred  dollars  a  year,  a  cashier  at  a  salary 
of  one  thousand  eight  hundred  dollars  a  year,  and  three  deputy 
clerks  and  one  messenger  each  at  a  salary  of  one  thousand  five 
hundred  dollars  a  year.  Said  justices'  clerk  and  each  of  said 
appointees  shall  have  authority  to  administer  oaths,  take  and 
certify  affidavits,  and  issue  and  sign  writs,  summons,  and  all 
other  processes  in  any  action,  suit  or  proceeding  in  said  jus- 
tices' court,  and  generally  to  do  all  the  acts  specified  in  sections 
102  and  102a  of  this  code.  They  shall  be  at  their  respective 
offices  for  the  dispatch  of  oi^cial  l)usiness  daily,  except  Sun- 
days, holidays  and  Saturday  afternoons,  from  the  hour  of 
nine  o'clock  A.  M.  until  five  o'clock  P.  M.  The  salaries  of  said 
justices'  clerk  and  his  appointees  shall  be  paid  out  of  the  treas- 
ury of  said  city  and  county  in  the  same  manner  that  salaries 
of  officers  of  such  city  and  county  are  paid,  and  shall  be  in  lieu 
of  all  fees  collected  by  them.  All  persons  who  have  been 
appointed  to  such  positions  and  who  have  served  a  period  of 
six  months  in  their  respective  positions,  and  all  persons  who 
may  be  appointed  to  such  positions  shall,  after  they  have 
served  a  period  of  six  months  in  their  respective  positions,  be 
entitled  to  all  the  benefits  of  the  civil  service  laws  of  this  state. 

§  2.  Repealed.  xVll  acts  and  parts  of  acts  in  conflict  with 
the  provisions  of  this  act  are  hereby  repealed.  [Amendment 
approved  April  16,  1917;  Stats.  1917,  p.  121.] 

§  103.  Justices'  courts.  Number  of  justices  in  cities.  Juris- 
diction. Eligibility.  Salaries.  There  shall  be  at  least  one 
justice's  court  in  each  of  the  townships  of  the  state,  for  which 
one  justice  of  the  peace  must  be  elected  by  the  qualified 
electors  of  the  toAvnship,  at  the  general  state  election  next  pre- 
ceding the  expiration  of  the  term  of  office  of  his  predecessor. 


3  CODE  OP   CIVIL  PROCEDURE.  §  103 

iJi  any  eoi/,iity  wiiere,  in  the  opinion  of  the  board  of  supervisors, 
the  p«bli(i3  convenience  requires  it,  the  said  board  may,  by 
order,  p,  rovide  that  two  justices'  courts  may  be  established  in 
^^y  ^rjwnship,  designating  the  same  in  such  order;  and  in  such 
'case,  one  justice  of  the  peace  must  be  elected  in  the  manner 
herein  provided  for  each  of  said  courts.  In  every  city  of  the 
first  and  one-half  class  there  must  be  five  justices  of  the  peace, 
and  in  every  city  of  the  second  class  there  must  be  two  jus- 
tices of  the  peace,  and  in  every  city  of  the  second  and  one- 
half  class  there  must  be  one  justice  of  the  peace,  and  in  every 
city  of  the  third  and  fourth  classes  there  must  be  one  justice 
of  the  peace,  to  be  elected  in  like  manner  by  the  electors  of 
such  cities  or  town,  respectively;  and  such  justices  of  the  peace 
of  cities  shall  have  the  same  jurisdiction,  civil  and  criminal, 
as  justices  of  the  peace  of  townships  and  township  justice's 
courts.  Said  justices  of  the  peace  of  cities  and  justice's  courts 
of  cities  shall  also  have  jurisdiction  of  all  proceedings  for  the 
violation  of  any  ordinance  of  any  city  in  which  courts  are 
established,  both  civil  and  criminal,  and  of  all  actions  for  the 
collection  of  any  license  required  by  any  ordinance  of  any  such 
city,  and  generally  exercise  all  powers,  duties  and  jurisdiction, 
civil  and  criminal,  of  police  judges,  judges  of  police  courts, 
recorder's  court  or  mayor's  courts,  within  such  city.  No  per- 
son is  eligible  to  the  office  of  justice  of  the  peace  in  any  city 
of  the  first,  first  and  one-half,  second,  second  and  one-half  or 
third  class,  who  has  not  been  admitted  to  practice  law  in  this 
state;  and  no  justice  of  the  peace  shall  be  permitted  to  prac- 
tice law  before  another  justice  of  the  peace  in  the  city,  town 
or  county  in  which  he  resides,  or  to  have  a  partner  engaged  in 
the  practice  of  law  in  any  justice's  court  in  such  city,  town 
or  county.  Every  city  justice  of  the  peace  in  any  city  of  the 
first  and  one-half  class  shall  receive  a  salary  of  four  thousand 
two  hundred  dollars  per  annum,  and  every  city  justice  of  the 
peace  in  any  city  of  the  second  class  shall  receive  a  salary  of 
three  thousand  six  hundred  dollars  per  annum,  and  every  city 
justice  of  the  peace  in  any  city  of  the  second  and  one-half 
class  shall  receive  a  salary  of  three  thousand  dollars  per 
annum,  and  every  city  justice  of  the  peace  in  any  city  of  the 
third  class  shall  receive  a  salary  of  two  thousand  dollars  per 
annum,  and  every  city  justice  of  the  peace  in  any  city  of  the 
fourth  class  shall  receive  a  salary  of  one  thousand  five  hundred 
dollars  per  annum ;  and  each  justice  of  the  peace  shall  be  pro- 
vided by  the  city  authorities,  or  by  the  board  of  supervisors 
in  counties  where  the  salary  of  the  city  justice  of  the  peace 
is  paid  by  the  county,  with  a  suitable  office  in  which  to  hold 


§  103  c  CODE  OF   CIVIL   PROCEDURE.  ^ 

his  court.  The  compensation  of  the  justice  of  the  peace  oi 
any  city  shall  be  paid  by  warrants  drawn  each  month  upon  the 
salary  fund,  or  if  there  be  no  salary  fund,  then  upon  ^the  gen- 
eral fund  of  such  city  or  county,  as  the  case  may  be,  such 
warrants  to  be  audited  and  paid  as  salaries  of  any  other  city 
or  county  officials.  All  fees  which  are  chargeable  by  law  for- 
services  rendered  by  such  city  justice  of  the  peace  in  cities 
aforesaid  shall  be  by  them  respectively  collected,  and  on  the 
first  Monday  of  each  month  every  such  city  justice,  or  his 
clerk  shall  make  a  report,  under  oath,  to  the  city  or  county 
treasurer,  as  the  case  may  be,  of  the  amount  of  fees  so  by  him 
collected  and  pay  the  amount  so  collected  into  the  city  or 
county  treasury,  as  the  case  may  be,  to  the  credit  of  the  general 
fund  thereof.  Said  salaries  shall  be  the  sole  compensation  of 
said  city  justices.  [Amendment  approved  April  2,  1917;  Stats. 
1917,  p.' 34.] 

§  103c.  Justices'  clerks,  counties  of  third  class.  Authority. 
Fees.  Monthly  report.  In  counties  of  the  third  class  in  town- 
ships having  a  population  of  more  than  seventy-five  thousand 
there  shall  be  one  justice's  clerk,  and  one  deputy  justice's 
clerk,  Avho  shall  be  appointed  by  the  justice  of  the  peace  or 
justices,  if  more  than  one.  Said  clerk  and  deputy  shall  be 
appointed  immediately  on  this  act  taking  effect,  and  shall  take 
the  oath  of  office  prescribed  for  county  officers,  and  give  a  bond 
in  the  sum  of  five  thousand  dollars,  conditioned  for  the  faith- 
ful discharge  of  the  duties  of  the  office,  which  bond  shall  be 
approved  and  filed  in  the  same  manner  as  are  bonds  of  county 
officers. 

Such  justice's  clerk  and  deputy  clerk  shall  be  authorized 
to  administer  oaths,  take  and  certify  affidavits  and  shall  be 
authorized  to  issue  and  sign  writs,  summons  and  all  other 
process  in  any  action  or  proceeding  in  the  justice's  court  of 
the  township  for  which  they  are  appointed  or  pending  before 
any  justice  of  the  peace  of  said  township  in  the  name  of  the 
justice  before  whom  the  same  is  pending  or  out  of  whose  court 
the  same  is  issued,  which  shall  be  in  substantially  the  follow- 
ing form : 


Justice  of  the  peace. 


Clerk. 

By , 

Deputy  clerk. 


5  CODE  OF   CIVIL  PROCEDURE.  §§  1^0-192 

All  legal  papers  of  every  kind  in  actions  or  proceedings  in 
such  justice's  court  shall  be  issued  by  the  said  justice's  clerk 
in  the  manner  and  form  hereinabove  set  out.  The  said  jus- 
tice's clerk  shall  issue,  sign  and  certify  to  any  and  all  papers, 
transcripts  or  records  which  are  required  to  be  issued,  signed 
.or  certified  by  the  said  justice  of  the  peace.  All  complaints, 
answers  and  other  pleadings  and  papers  required  to  be  filed  in 
said  justice's  court  shall  be  filed  with  such  justice's  clerk  who 
shall  keep  a  permanent  record  of  all  such  actions  and  pro- 
ceedings in  the  justice's  docket,  now  provided  by  law  to  be 
kept  by  the  justice.  The  said  clerk  shall  keep  a  record  of  the 
proceedings  of  said  court  and  shall  have  the  custody  of  all 
records  and  papers  of  the  same. 

All  fees  for  the  issuance  of  all  process,  or  other  fees,  which  ■ 
are  by  law  allowed  for  any  official  service  of  the  justice  of  the 
peace  shall  be  exacted  and  paid  in  advance  into  the  hands  of 
the  justice's  clerk,  which,  together  with  all  fees,  fines,  forfeit- 
ures or  penalties  received  in  said  justice's  court  shall  be  paid 
into  the  county  treasury. 

Said  justice's  clerk  shall  render  each  month  to  the  county 
auditor  and  county  treasurer,  an  exact  account  under  oath  of 
all  fines,  forfeitures,  penalties  and  fees  received  by  him  or  col- 
lected by  said  court.  Said  justice's  clerk  shall  receive  a  salary 
of  one  thousand  eight  hundred  dollars  per  year  and  said  dep- 
uty clerk  shall  receive  a  salary  of  one  thousand  two  hundred 
dollars  per  year,  which  shall  be  payable  in  like  manner  and 
out  of  the  same  funds  and  at  like  times  as  county  officers  are 
paid.  The  board  of  supervisors  shall  provide  in  a  convenient 
locality  a  suitable  office  for  the  justice's  clerk.  The  said  jus- 
tice's clerk  shall  be  in  attendance  at  his  respective  office  in 
the  discharge  of  official  business  daily  from  nine  A.  M.  until 
five  P.  M.  [New  section  added  May  31,  1917;  Stats.  1917, 
p.  1304] 

§  190.  Jury  defined.  A  jury  is  a  body  of  persons  tempo- 
rarily selected  from  the  citizens  of  a  particular  district  and 
invested  with  power  to  present  or  indict  a  person  for  a  public 
offense,  or  to  try  a  question  of  fact.  [Amendment  approved 
May  29,  1917;  Stats.  1917,  p.  1282.] 

§  192.  Grand  jury  defined.  A  grand  jury  is  a  body  of  per- 
sons, nineteen  in  number,  returned  in  pursuance  of  law,  from 
the  citizens  of  a  county,  or  a  city  and  county,  before  a  court  of 
competent  jurisdiction,  and  sworn  to  inquire  of  public  offense 
committed  or  triable  within  the  county  or  city  and  county. 
[Amendment  approved  May  29,  1917;  Stats.  1917,  p.  1282.] 


§§  193-204  CODE  OF   CIVIL  PROCEDURE.  6 

§  193.  Trial  jury.  A  trial  jury  is  a  body  of  persons  re- 
turned from  the  citizens  of  a  particular  district  before  a  court 
or  officer  of  competent  jurisdiction,  and  sworn  to  try  and 
determine  by  verdict,  a  question  of  fact.  [Amendment  ap- 
proved May  27,  1917;  Stats.  1917,  p.  1283.] 

§  194.  Number  on  trial  jury.  A  trial  jury  shall  consist  of 
twelve  persons ;  provided,  that  in  civil  actions  and  cases  of 
misdemeanor,  it  may  consist  of  twelve  or  any  number  less  than 
twelve,  upon  which  the  "parties  may  agree  in  open  court. 
[Amendment  approved  May  27,  1917;  Stats.  1917,  p.  1283.] 

§  195.  Jury  of  inquest.  A  jury  of  inquest  is  a  body  of 
persons  summoned  from  the  citizens  of  a  particular  district 
before  the  sheriff,  coroner,  or  other  ministerial  officers,  to  in- 
quire of  particular  facts.  [Amendment  approved  May  27, 
1917;  Stats.  1917,  p.  1283.] 

§  201.  When  juror  excused.  A  juror  shall  not  be  excused 
by  a  court  for  slight  or  trivial  causes,  or  for  hardship,  or  for 
inconvenience  to  said  juror's  business,  but  only  when  material 
injury  or  destruction  to  said  juror's  property  or  of  property 
entrusted  to  said  juror  is  threatened,  or  when  said  juror's 
health,  or  when  the  health  or  proper  care  of  said  juror's  own 
family,  or  when  the  sickness  or  death  of  a  member  of  said 
juror's  family  make  it  necessary  for  said  juror  to  be  excused. 
[Amendment  approved  May  27,  1917 ;  Stats.  1917,  p.  1283.] 

§  204.  Jury  lists.  In  the  month  of  January  in  each  year 
it  shall  be  the  duty  of  the  superior  court  in  eacli  of  the  coun- 
ties of  this  state  to  make  an  order  designating  the  estimated 
number  of  grand  jurors  and  also  the  number  of  trial  jurors, 
that  will,  in  the  opinion  of  said  court,  be  required  for  the 
transaction  of  the  business  of  the  court,  and  the  trial  of  causes 
therein,  during  the  ensuing  year;  and  immediately  after  said 
order  designating  the  estimated  immber  of  grand  jurors  shall 
be  made,  the  court  shall  select  and  list  the  grand  jurors  re- 
quired by  said  order  to  serve  as  grand  jurors  in  said  superior 
court  during  the  ensuing  year,  or  until  ncAv  lists  of  jurors  shall 
be  provided,  and  said  selections  and  listings  shall  be  made  of 
men  and  women  suitable  and  competent  to  serve  as  jurors,  as 
set  forth  and  i-e(iuii'(!d  in  sections  two  hundred  five  and  two 
hundfcfi  six  ol."  this  code,  which  list  of  i)ei-sons  so  selected  shall 
at  once  be  placed  in  the  possession  of  the  county  clerk ;  and 
immediately  after  said  order  designating  the  estimated  number 
of  trial  jurors  shall  be  made,  the  board  of  supervisors  shall 


7  CODE  OF  CIVIL  PROCEDURE.  §§  204a-204c 

select,  as  provided  in  sections  two  hundred  five  and  two  hun- 
dred six  of  this  code,  a  list  of  men  and  women  to  serve  as  trial 
jurors  in  the  superior  court  of  said  county  during  the  ensuing 
year,  or  until  a  new  list  of  jurors  shall  be  provided. 

In  counties  and  cities  and  counties  having  a  population  of 
one  hundred  thousand  inhabitants  or  over,  such  selection  shall 
be  made  by  a  majority  of  the  judges  of  the  superior  court. 
[Amendment  approved  May  27,  1917;  Stats.  1917.  p.  1283.] 

§  204a.  Jury  commissioner  may  be  appointed.  Salary.  In 
any  county  or  city  and  county  in  which,  as  provided  by  the 
preceding  section,  the  selection  of  persons  to  serve  as  trial 
jurors  is  made  by  a  majority  of  the  judges  of  the  superior 
court,  a  majority  of  the  judges  of  such  court,  to  assist  the 
judges  thereof  in  making  selections  of  trial  jurors  and  grand 
jurors,  and  whenever  in  their  opinion  the  business  of  the  court 
requires  it,  may,  in  their  discretion,  appoint  a  jury  commis- 
sioner for  such  county  or  city  and  county,  who  shall  receive 
a  salary  of  three  hundred  dollars  per  month,  not  exceeding, 
however,  one  thousand  five  hundred  dollars  in  any  one  fiscal 
year,  and  shall  hold  office  at  the  pleasure  of  a  majority  of  the 
judges  of  such  court.  Said  salary  shall  be  audited,  allowed 
and  paid  out  of  the  general  fund  of  such  county  or  city  and 
county.  [New  section  added  May  26,  1917;"^  Stats. '  1917, 
p.  11&9.] 

§204b.     To   furnish    list   of   persons    qualified   for   jurors. 

Annually,  and  pursuant  to  written  rules  or  instructions  adopted 
by  a  majority  of  the  judges  of  such  court,  the  jury  commis- 
sioner shall  furnish  the  judges  of  the  court  a  list  of  persons 
qualified  to  serve  as  trial  jurors  or  grand  jurors  during  the 
ensuing  year,  or  until  a  new  list  of  jurors  shall  be  required. 
A  majority  of  the  judges  of  the  court  may,  from  time  to  time, 
adopt  such  rules  and  instructions  as  may  be  necessary  for  the 
guidance  of  the  jury  commissioner,  who  shall  at  all  times  be 
under  the  supervision  and  control  of  the  judges  of  the  court. 
[New  section  added  May  26,  1917;  Stats.  1917,  p.  1169.] 

§204c.  Duties.  It  shall  be  the  duty  of  the  jury  commis- 
sioner diligently  to  inquire  and  inform  himself  in  respect  to 
the  qualifications  of  persons  resident  in  his  county  or  city  and 
county  who  may  be  liable  under  the  provisions  of  the  laws  of 
this  state  to  be  summoned  for  jury  duty.  He  may  require  any 
person  to  answer,  nnder  oath  to  be  administered  by  him,  all 
such  questions  as  he  may  address  to  such  person,  touching  his 


§§  2U4:d-226  CODE  of  civil  imjocedure.  •  8 

name,  age,  residence,  occupation  and  qualifications  as  a  juror, 
and  also  all  questions  as  to  similar  matters  concerning  other 
persons  of  whose  qualifications  for  jury  duty  he  has  knowledge. 
The  commissioner  shall  have  power  to  administer  oaths.  He 
shall  be  allowed  his  actual  traveling  expenses  incurred  in  the 
performance  of  his  duties  while  visiting  the  respective  town- 
ships in  the  county,  such  traveling  expenses  to  be  audited, 
allowed  and  paid  out  of  the  general  fund  of  the  county.  [New 
section  added  May  26,  1917;  Stats.  1917,  p.  1169.] 

§204d.  Jurors  selected  by  majority  of  judges.  Pursuant 
to  the  rules  and  instructions  adopted  by  a  majority  of  the 
judges  of  the  court,  the  jury  commissioner  shall  return  to 
the  judges  the  lists  of  persons  recommended  by  him  for  jury 
duty.  The  judges  of  said  superior  court  shall  examine  the 
jury  lists  so  returned  and  from  such  lists  a  majority  of  said 
judges  may  select,  to  serve  as  trial  jurors  and  grand  jurors, 
respectively,  in  the  superior  court  of  said  county  or  city  and 
county  during  the  ensuing  year,  or  until  a  new  list  of  jurors 
is  required,  such  persons  as,  in  their  opinion,  should  be  selected 
for  such  jury  duties ;  provided,  however,  that  the  persons  so 
selected  shall,  in  the  opinion  of  the  judges  selecting  the  same, 
be  persons  suitable  and  competent  to  serve  as  jurors,  as  set 
forth  and  required  in  this  code.  The  judges,  however,  shall 
not  be  bound  to  select  any  names  from  said  lists,  but  may,  if  in 
their  judgment  the  due  administration  of  justice  requires, 
make  all  or  any  selections  from  among  the  body  of  persons  in 
the  county  or  city  and  county  suitable  and  competent  to  serve 
as  jurors  regardless  of  the  lists  returned  by  the  jury  commis- 
sioner.    [New  section  added  May  26,  1917 ;  Stats.  1917,  p.  1170.] 

§  204e.     Secretary  of  superior  judges  as  jury  commissioner. 

In  any  county  or  city  and  county  where  there  is  a  secretary 
of  the  superior  judges  of  such  county  or  city  and  county,  a 
majority  of  the  superior  judges  may  in  their  discretion  require 
such  secretary  to  perform  the  duties  of  jury  commissioner  in 
addition  to  his  regular  duties  as  secretary.  In  such  case  the 
salary  of  the  secretary  of  the  superior  judges  shall  be  three 
hundred  fiftv  dollars  a  month.  [New  section  added  Mav  26, 
11)17;  Stats. "191 7,  p.  1170.] 

§226.  Order  for  jurors  to  appear  forthwith.  Whenever 
jiiroi-s  arc  not  drawn  or  summoned  to  attend  any  court  of 
rccor-d  or  session  thereof,  or  a  sufficient  number  of  jurors  fail 
to  appear,  sueh  <-oiir1  may  ordei-  a  sufficient  number  to  be  forth- 


9  CODE  OF  CIVIL  PROCEDURE.  §§  246-33'i 

with  drawn  and  sunimonod  to  attend  the  court,  or  it  may,  by 
an  order  entered  in  its  minutes,  direct  the  sheriff,  or  an  elisor 
chosen  by  the  conrt  forthwith  to  snmmon  so  many  ei:ood  and 
law^fnl  persons  of  the  connty,  or  city  and  connty,  to  serve  as 
jurors,  as  may  be  required,  and  in  either  ease  such  jurors  must 
be  summoned  in  the  manner  provided  in  the  precedincr  section. 
[Amendment  approved  May  27,  1917;  Stats.  1917.  p.  1284.] 

§  246.  Excuses.  Names  deposited  in  box.  At  the  opening 
of  court  on  tlie  day  trial  jurors  have  been  summoned  to  appear, 
the  clerk  shall  call  the  names  of  those  summoned,  and  the  court 
may  then  hear  the  excuses  of  jurors  summoned ;  provided,  that 
it  may  be  left  to  the  discretion  of  the  court  to  accept  an  affi- 
davit of  excuse  under  section  two  hundred  two  of  this  code 
without  a  personal  appearance  in  court  of  the  juror  summoned. 
The  clerk  shall  then  write  the  names  of  the  jurors  present  and 
not  excused  upon  separate  slips  or  ballots  of  paper,  and  fold 
such  slips  so  that  the  names  are  concealed,  and  there,  in  the 
presence  of  the  court  deposit  the  slips  or  ballots  in  a  box,  which 
must  be  kept  sealed  or  locked  until  ordered  by  the  court  to 
be  opened.  [Amendment  approved  May  27,  1917;  Stats.  1917, 
p.  1284.] 

§  276.  Examination  for  admission  as  attorney.  Every  ap- 
plicant for  admission  as  an  attorney  and  counselor  must  pro- 
duce satisfactory  testimonials  of  a  "ood  moral  character,  and 
satisfactory  proof  of  having  studied  \nw  for  a  period  of  at  least 
two  years,  and  undergo  in  open  court  a  strict  examination,  a 
part  of  which  must  be  in  "vvriting,  as  to  his  qualifications  by  the 
justices  of  one  of  the  district  courts  of  appeal.  This  section 
shall  not  take  effect  until  January  first,  one  thousand  nine  hun- 
dred eighteen.  [Amendment  approved  ]\lav  28,  1917 ;  Stats. 
1917,  p.  906.] 

§  280a.  Effect  of  diploma  granted  by  Hastings  College  of 
the  Law.      [Repeal<>d  :Vfny  23,  1917;  Stats.  1917.  p.  8S0.1 

§  280b.     Graduates    of   law^    schools    admitted    to    practice. 

[Repealed  May  23,  1917;  Stats.  1917.  p.  881.] 

§  337.  Actions  commenced  within  four  years.  Within  four 
years.  1.  An  action  upon  any  conti'nct.  obligation  oi-  liability 
found  upon  an  instrument  in  writing. 

2.  An  action  to  recover  (1)  upon  a  book  account  whether 
consisting  of  one  or  more  entries;  (2)  upon  an  account  stated; 


§§  339-341  CODE  OF   CIVIL.  PROCEDURE.  10 

(3)  a  balance  due  upon  a  mutual,  open  and  current  account; 
provided,  however,  that  where  an  account  stated  is  based  upon 
an  account  of  one  item,  the  time  shall  begin  to  run  from  the 
date  of  said  item,  and  where  an  account  stated  is  based  upon 
an  account  of  more  than  one  item,  the  time  shall  begin  to  run 
from  the  date  of  the  last  item.  [Amendment  approved  May 
10,  1917;  Stats.  1917,  p.  299.] 

§339.  Actions  commenced  within  two  years.  Within  two 
years.  1.  An  action  upon  a  contract,  obligation  or  liability  not 
founded  upon  an  instrument  of  writing,  other  than  that  men- 
tioned in  subdivision  two  of  section  three  hundred  thirty-seven 
of  this  code ;  or  an  action  founded  upon  a  contract,  obligation 
or  liability,  evidenced  by  a  certificate,  or  abstract  or  guaranty 
of  title  of  real  property,  or  by  a  policy  of  title  insurance ;  pro- 
vided, that  the  cause  of  action  upon  a  contract,  obligation  or 
liability  evidenced  by  a  certificate,  or  abstract  or  guaranty  of 
title  of  real  property  or  policy  of  title  insurance  shall  not  be 
deemed  to  have  accrued  until  the  discovery  of  the  loss  or  dam- 
age suffered  by  the  aggrieved  party  thereunder. 

2.  An  action  against  a  sheriff,  coroner,  or  constable  upon  a 
liability  incurred  by  the  doing  of  an  act  in  his  official  capacity 
and  in  virtue  of  his  office,  or  by  the  omission  of  an  official  duty 
including  the  nonpayment  of  money  collected  upon  an  execu- 
tion. But  this  subdivision  does  not  apply  to  an  action  for  an 
escape.  [Amendment  approved  May  10,  1917;  Stats.  1917, 
p.  299.] 

§  341.  Actions  to  be  commenced  within  six  months.  Within 
six  months : 

An  action  against  an  officer,  or  officer  cle  facto : 

1.  To  recover  any  goods,  wares,  merchandise,  or  other  prop- 
erty, seized  by  any  such  officer  in  his  official  capacity  as  tax 
collector,  or  to  recover  the  price  or  value  of  any  goods,  wares, 
merchandise,  or  other  personal  property  so  seized,  or  for  dam- 
ages for  the  seizure,  detention,  sale  of,  or  injury  to  any  goods, 
wares,  merchandise,  or  other  personal  property  seized,  or  for 
damages  done  to  any  person  or  property  in  making  any  such 
seizure. 

2.  To  recover  stock  sold  for  a  delin(juont  assessment,  as  pro- 
vided in  section  three  hundred  forty-seven  of  the  Civil  Code. 

.'>.  To  set  aside  or  invalidate  any  action  taken  or  performed 
\>y  a  majority  of  the  trustees  of  any  corporation  heretofore  or 
hereafter  dissolved  by  operation  of  law,  including  the  revivor 


11  CODE  OF   CIVIL  PROCEDURE.  §§  348-473 

of   any   such    corporation.      [Amendment    approved    May    11, 
1917;  Stats.  1917,  p.  381.] 

§  348.  No  limitation  to  certain  actions.  Not  applicable  to 
banks,  etc.  To  actions  brought  to  recover  money  or  other 
property  deposited  with  any  bank,  banker,  trust  company, 
building  and  loan  association,  or  savings  and  loan  society 
there  is  no  limitation. 

This  section  shall  not  apply  to  banks,  bankers,  trust  com- 
panies, building  and  loan  associations,  and  savings  and  loan 
societies  which  have  become  insolvent  and  are  in  process  of 
liquidation  and  in  such  cases  the  statute  of  limitations  shall  be 
deemed  to  have  commenced  to  run  from  the  beginning  of  the 
process  of  liquidation;  provided,  however,  nothing  herein  con- 
tained shall  be  construed  so  as  to  relieve  any  stockholder  of 
any  banking  corporation  or  trust  company  from  stockholder's 
liability  as  shall,  at  any  time,  be  provided  by  law.  [Amend- 
ment approved  June  1,1917;  Stats.  1917,  p.  1573.] 

§  473.  Pleading-  may  be  amended.  Time  for  application. 
Action  to  recover  personal  property.  The  court  may  in  fur- 
therance of  justice,  and  on  such  terms  as  may  be  proper,  allow 
a  party  to  amend  any  pleading  or  proceeding  by  adding  or 
striking  out  the  name  of  any  party,  or  by  correcting  a  mis- 
take in  the  name  of  a  party,  or  a  mistake  in  any  other  respect ; 
and  may,  upon  like  terms,  enlarge  the  time  for  answer  or  de- 
murrer. The  court  may  likewise,  in  its  discretion,  after  notice 
to  the  adverse  party,  allow,  upon  such  terms  as  may  be  just, 
an  amendment  to  any  pleading  or  proceeding  in  other  particu- 
lars ;  and  may  upon  like  terms  allow  an  answer  to  be  made 
after  the  time  limited  by  this  code;  and  may,  also,  upon  such 
terms  as  may  be  just,  relieve  a  party  or  his  legal  representa- 
tive from  a  judgment,  order,  or  other  proceeding  taken  against 
him  through  his  mistake,  inadvertence,  surprise,  or  excusable 
neglect ;  provided,  that  application  therefor  be  made  within  a 
reasonable  time,  but  in  no  case  exceeding  six  months  after 
such  judgment,  order,  or  proceeding  was  taken ;  and  provided, 
further,  that  said  application  must  be  accompanied  with  a  copy 
of  the  answer,  or  other  pleading  proposed  to  be  filed  therein, 
otherwise  said  application  shall  not  be  granted.  When  from 
any  cause  the  summons  in  an  action  has  not  been  personally 
served  on  the  defendant,  the  court  may  allow,  on  such  terms 
as  may  be  just,  such  defendant  or  his  legal  representative,  at 
any  time  within  one  year  after  the  rendition  of  any  judgment 
in  such  action,  to  answer  to  the  merits  of  the  original  action. 


§  534  CODE  OP   CIVIL  PKOCEDURE.  12 

When,  in  an  action  to  recover  the  possession  of  personal  prop- 
erty, the  person  making  any  affidavit  did  not  truly  state  the 
value  of  the  property,  and  the  officer  taking  the  property,  or 
the  sureties  on  any  bond  or  undertaking  is  sued  for  taking  the 
same,  the  officer  or  sureties  may  in  their  answer  set  up  the 
true  value  of  the  property,  and  that  the  person  in  whose  be- 
half said  affidavit  was  made  was  entitled  to  the  possession  of 
the  same  when  said  affidavit  was  made,  or  that  the  value  in 
the  affidavit  stated  was  inserted  by  mistake,  the  court  shall 
disregard  the  value  as  stated  in  the  affidavit,  and  give  judg- 
ment according  to  the  right  of  possession  of  said  property  at 
the  time  the  affidavit  was  made.  [Amendment  approved  May 
5,  1917;  Stats.  1917,  p.  242.] 

§  534.  Actions  concerning  water  rights.  Defendant's  an- 
swer. Plaintiff's  reply.  Appropriation  and  damages  fixed. 
Appeal.  No  injunction,  when.  Jury  trial.  In  any  action 
brought  by  a  riparian  owner  to  enjoin  the  diversion  of  water 
appropriated  or  proposed  to  be  appropriated,  or  the  use 
thereof,  against  any  person  or  persons  appropriating  or  pro- 
posing to  appropriate  such  waters,  the  defendant  may  set 
up  in  his  answer  that  the  water  diverted  or  proposed  to  be 
diverted  is  for  the  irrigation  of  land  or  other  public  use,  and, 
in  such  case,  he  shall  also  in  such  answer  set  forth  the  quan- 
tity of  water  desired  to  be  taken  and  necessary  to  such  irri- 
gation of  land  or  the  public  use,  the  nature  of  such  use,  the 
place  where  the  same  is  used  or  proposed  to  be  iised,  the  dura- 
tion and  extent  of  the  diversion  or  the  proposed  diversion,  in- 
cluding the  stages  of  the  flow  of  the  stream  at  and  during  the 
time  in  which  the  water  is  to  be  diverted,  and  tliat  the  same 
may  be  diverted  without  interfering  with  the  actual  and  neces- 
sary beneficial  uses  of  the  plaintiff,  and  that  such  defendant 
so  answering  desires  that  the  court  shall  ascertain  and  fix  the 
damages,  if  any,  that  will  result  to  the  plaintiff  or  to  his  ripa- 
rian lands  from  the  appropriation  of  the  water  so  appropriated 
or  intended  to  be  appropriated  by  defendant. 

The  plaintiff  may  serve  and  file  a  reply  to  the  defendant's 
answer  stating  plaintiff' 's  rights  to  the  water  and  the  damage 
plaintiff"  will  suffer  by  the  defendant's  taking  of  the  water, 
aJid  plaintiff'  may  implead  as  parties  to  the  action  all  persons 
necessary  to  a  full  determination  of  the  riglits  of  plaintiff'  to 
the  water  and  the  damages  plaintiff  will  suff'er  by  the  pro- 
posed taking  by  defendant,  and  the  court  shall  have  jurisdic- 
tion to  hear  and  determine  all  the  rights  to  water  of  the  plain- 


13  CODE  OF   CIVIL  PROCEDURE.  §  534 

tiff  and  other  parties  to  the  action,  and  said  parties  shall  have 
a  right  to  state  and  prove  their  rights,  and  shall  be  bound  by 
the  judgment  rendered  the  same  as  though  made  parties  plain- 
tiff' at  the  commencement  of  the  action. 

Upon  the  trial  of  the  case  the  court  shall  receive  and  hear 
evidence  on  behalf  of  the  respective  parties,  and  if  the  court 
finds  that  the  allegations  of  such  answer  are  true  as  to  the 
aforesaid  matters,  and  that  the  appropriation  and  diversion 
of  such  waters  is  for  irrigation  of  laud  or  other  public  use  and 
that,  after  allowing  sufficient  water  for  the  actual  and  neces- 
sary beneficial  uses  of  the  plaintiff'  and  other  parties,  there  is 
water  available  to  be  beneficially  appropriated  by  such  defend- 
ant so  answering,  the  court  shall  fix  the  time  and  manner 
and  extent  of  such  appropriation  and  the  actual  damages,  if 
any,  resulting  to  the  plaintiff'  or  other  parties  on  account  of 
the  same,  and  in  fixing  such  damages  the  court  shall  be  guided 
by  paragraph  four  of  section  one  thousand  two  hundred  forty- 
eight  of  this  code,  and  if,  upon  the  ascertainment  and  fixing 
of  such  damages  the  defendant,  within  the  time  allowed  in  sec- 
tion one  thousand  two  hundred  fifty-one  of  this  code  for  the 
payment  of  damages  in  proceedings  in  eminent  domain,  shall 
pay  into  court  the  amount  of  damages  fixed  and  the  costs 
adjudged  to  be  paid  by  such  defendant,  or  give  a  good  and 
sufficient  bond  to  pay  the  same  upon  the  final  settlement  of 
the  case,  the  injunction  prayed  for  by  the  plaintiff'  shall  be 
denied  to  the  extent  of  the  amount  the  defendant  is  permitted 
to  appropriate,  as  aforesaid,  and  the  temporary  injunction, 
if  any  has  been  granted,  shall  be  vacated  to  the  extent  afore- 
said; provided,  that  any  of  the  parties  may  appeal  from  such 
judgment  as  in  other  cases ;  and  provided,  further,  that  if  such 
judgment  is  in  favor  of  the  defendant  and  if  he  upon  and 
pending  such  appeal  shall  keep  on  deposit  with  the  clerk  of 
said  court  the  amount  of  such  damages  and  costs,  or  the  bond, 
if  it  be  given,  so  awarded  to  be  paid  to  the  plaintiff'  or  other 
parties  in  the  event  such  judgment  shall  be  affirmed,  no  injunc- 
tion against  the  appropriation  of  the  amount  the  defendant  is 
permitted  to  appropriate  as  aforesaid  shall  be  granted  or  en- 
forced pending  such  appeal,  and,  upon  the  acceptance  by  the 
plaintiff'  or  other  parties  of  such  amount  so  awarded  or  upon 
the  affirmation  of  such  decision  on  appeal  so  that  such  judg- 
ment shall  become  final,  the  defendant  shall  have  the  right  to 
divert  and  appropriate  from  such  stream,  against  such  plain- 
tiff or  other  parties  and  his  successors  in  interest,  the  quan- 
tity of  water  therein  adjudged  and  allowed.     Upon  the  filing 


§  540  CODE  OF   CIVIL  PROCEDURE.  14 

of  such  ansAver  as  is  herein  provided  for,  the  parties  plaintiff 
or  other  parties  and  defendant  shall  be  entitled  to  a  jury  trial 
upon  the  issues  as  to  damages  so  raised,  as  provided  in  title 
seven,  part  three  of  this  code,  applying  to  actions  in  eminent 
domain.  [New  section  added  May  19,  1917;  Stats.  1917, 
p.  744.] 

§  540.  Writ  of  attachment.  If  more  than  one  defendant. 
The  Avrit  must  be  directed  to  the  sheriff  of  any  county  in  which 
property  of  such  defendant  may  be,  and  must  require  him  to 
attach  and  safely  keep  all  the  property  of  such  defendant 
within  his  county  not  exempt  from  execution,  or  so  much 
thereof  as  may  be  sufficient  to  satisfy  the  plaintiff's  demand 
against  such  defendant,  the  amount  of  which  must  be  stated 
in  conformity  with  the  complaint,  unless  such  defendant  give 
him  security  by  the  undertaking  of  at  least  two  sufficient  sure- 
ties in  an  amount  sufficient  to  satisfy  such  demand  against 
such  defendant,  besides  costs,  or  in  an  amount  equal  to  the 
value  of  the  property  of  such  defendant  which  has  been  or  is 
about  to  be  attached ;  in  which  case  to  take  such  undertaking. 

In  the  event  that  the  action  is  against  more  than  one  defend- 
ant, any  defendant  whose  property  has  been  or  is  about  to  be 
attached  in  such  action  may  give  the  sheriff  such  undertaking, 
and  the  sheriff  shall  take  the  same,  and  such  undertaking 
shall  not  subject  such  defendant  to  or  be  answerable  for  any 
demand  against  any  other  defendant,  nor  shall  the  sheriff 
thereby  be  prevented  from  attaching  or  be  obliged  to  release 
from  attachment,  any  property  of  any  other  defendant ;  pro- 
vided, however,  that  such  defendant,  at  the  time  of  giving  such 
undertaking  to  the  sheriff,  shall  file  with  the  sheriff,  a  state- 
ment, duly  verified  under  oath,  wherein  such  defendant  shall 
aver  and  declare  that  the  other  defendant  or  defendants  in 
the  action  in  which  said  undertaking  was  given  has  or  have 
not  any  interest  or  claim  of  any  nature  whatsoever  in  or  to 
said  property.  Such  statement  must  further  contain  the  char- 
acter of  such  defendant's  title  and  the  manner  in  which  he 
acquired  title  to  such  attached  property;  provided,  further, 
that  before  said  attachment  shall  be  released,  the  undertak- 
ing required  by  this  section  must  be  approved  ly  the  judge  of 
the  court  issuing  same  or  if  said  writ  of  attachment  is  from 
another  county,  then  by  a  judge  of  a  court  of  similar  juris- 
diction in  the  county  where  the  levy  shall  have  been  made. 

Several  writs  may  l)e  issued  at  the  same  time  to  the  sheriffs 
of  different  connties.  [Amendment  approved  May  26^  1917; 
Stats.  1917,  p.  938.] 


15  CODE  OF   CIVIL  PROCEDURE.  §§  554-570 

§  554.  Proceedings  to  release  attachments.  Whenever  any 
defendant  has  appeared  in  the  action,  such  defendant  may 
upon  reasonable  notice  to  the  plaintiff,  apply  to  the  court  in 
which  the  action  is  pending,  or  to  the  judge  thereof,  for  an 
order  to  discharge  the  attachment  wholly,  or  in  part ;  and  upon 
the  execution  of  the  undertaking  mentioned  in  the  next  sec- 
tion, an  order  may  be  made  releasing  from  the  operation  of 
the  attachment,  any  or  all  of  the  property  of  such  defendant 
attached ;  and  all  of  the  property  so  released  and  all  of  the 
proceeds  of  the  sales  thereof,  must  be  delivered  to  such  defend- 
ant upon  the  justification  of  the  sureties  on  the  undertaking, 
if  required  by  the  plaintiff.  Such  justification  must  take  place 
within  five  days  after  the  notice  of  the  filing  of  such  under- 
taking. [Amendment  approved  May  26,  1917;  Stats.  1917, 
p.  939.] 

§  555.     Requirements  by  court  for  release  from  attachment. 

Before  making  such  order,  the  court  or  judge  must  require 
an  undertaking  on  behalf  of  such  defendant,  by  at  least  two 
sureties,  residents  and  freeholders,  or  householders  in  the  state 
to  the  effect  that  in  case  the  plaintiff  recovers  judgment  in 
the  action  against  the  defendant,  by  whom,  or  in  whose  be- 
half such  undertaking  shall  be  given,  such  defendant  will,  on 
demand,  redeliver  the  attached  property  so  released  to  the 
proper  officer,  to  be  applied  to  the  payment  of  any  judgment 
in  such  action  against  said  defendant,  or  in  default  thereof, 
that  such  defendant  and  sureties  will,  on  demand,  pay  to  the 
plaintiff  the  full  value  of  the  property  released  not  exceeding 
the  amount  of  such  judgment  against  such  defendant.  The 
court  or  judge  making  such  order  may  fix  the  sum  for  which 
the  undertaking  must  be  executed,  and  if  necessary  in  fixing 
such  sum  to  know  the  value  of  the  property  released,  the  same 
may  be  appraised  by  one  or  more  disinterested  persons,  to  be 
appointed  for  that  purpose.  The  sureties  may  be  required  to 
justify  before  the  court  or  judge  and  the  property  attached 
cannot  be  released  from  the  attachment  without  their  justifi- 
cation if  the  same  is  required.  [Amendment  approved  May 
26,  1917;  Stats.  1917,  p.  939.] 

§  570.    Notice  of  unclaimed  funds  in  receiver's  hands.    A 

receiver  having  any  funds  in  his  hands  belonging  to  a  person 
whose  whereabouts  are  unknown  to  him.  shall,  before  receiv- 
ing his  discharge  as  such  receiver,  publish  a  notice,  in  one  or 
more  newspapers  published  in  the  county,  at  least  once  a  week 
for  four   consecutive  weeks,   setting   forth  the  name   of  the 


§  660  CODE  OF   CIVIL  PROCEDURE.  16 

owner  of  any  unclaimed  funds,  the  last  known  place  of  resi- 
dence or  postoffice  address  of  such  owner  and  the  amount  of 
such  unclaimed  funds.  Any  funds  remaining  in  his  hands 
unclaimed  for  thirty  days  after  the  date  of  the  last  publica- 
tion of  such  notice,  shall  be  reported  to  the  court,  and  upon 
order  of  the  court,  all  such  funds  must  be  paid  into  the  state 
treasury  accompanied  with  a  copy  of  the  order,  which  must 
set  forth  the  facts  required  in  the  notice  herein  provided. 
Such  funds  shall  be  paid  out  by  the  state  treasurer  to  the 
owner  thereof  or  his  order  in  such  manner  and  upon  such 
terms  as  are  now  or  may  hereafter  be  provided  by  law. 

All  costs  and  expenses  connected  with  such  advertising  shall 
be  paid  out  of  the  funds  the  whereabouts  of  whose  owners  are 
unknown.  [Amendment  approved  April  25,  1917 ;  Stats.  1917, 
p.  203.] 

§  660.  Time  of  hearing  motion  for  new  trial.  New  trial 
hearing  has  precedence.  The  motion  for  a  new  trial  must  be 
heard  at  the  earliest  practicable  time  after  the  filing  of  affi- 
davits and  counteraffidavits,  in  case  the  motion  is  made  on 
affidavits,  in  other  cases  after  the  filing  of  the  notice.  On  such 
hearing  reference  may  be  had  in  all  cases  to  the  pleadings 
and  orders  of  the  court  on  file,  and  when  the  motion  is  made 
on  the  minutes,  reference  may  also  be  had  to  any  depositions 
and  documentary  evidence  olfered  at  the  trial  and  to  the  re- 
port of  the  proceedings  on  the  trial  taken  by  the  phonographic 
reporter,  or  to  any  certified  transcript  of  such  report,  or  if 
there  be  no  such  report  or  certified  trauscipt,  to  such  proceed- 
ings occurring  at  the  trial  as  are  within  the  recollection  of 
the  judge ;  when  the  proceedings  at  the  trial  have  been  phono- 
graphically  rei)orted,  but  the  reporter's  notes  have  not  been 
transcribed,  the  reporter  must,  upon  request  of  the  court,  or 
either  party,  attend  the  hearing  of  the  motion,  and  shall  read 
his  notes,  or  such  parts  thereof  as  the  court,  or  either  party, 
may  require.  The  hearing  and  disposition  of  the  motion  for 
a  new  trial  shall  have  precedence  over  all  other  matters  except 
criminal  cases,  probate  matters  and  cases  actually  on  trial,  and 
it  shall  be  the  duty  of  the  court  to  determine  the  same  at  the 
earliest  possibhi  moment.  The  power  of  the  court  to  pass  on 
motion  for  new  trial  shall  expire  within  three  months  after 
the  verdict  of  the  jury  or  service  on  the  moving  party  of  notice 
of  the  entry  of  tlie  judgment.  If  such  motion  is  not  deter- 
mined within  said  three  months,  the  effect  shall  be  a  denial 
ol"  the  motioji  witliout  further  order  of  the  court.  [Amend- 
ment approved  xMay  5,  1917;  Stats.  1917,  p.  240.] 


17  CODE  OF   CIVIL  PROCEDURE.  §§  671-850 

§  671.  Judgment  liens.  Continues  five  years.  Immedi- 
ately after  filing  the  judgment-roll,  the  clerk  must  make  the 
proper  entries  of  the  judgment  under  appropriate  heads,  in 
the  docket  kept  by  him,  noting  thereon  the  hour  and  minute 
of  the  day  of  such  entry;  and  from  the  time  the  judgment  is 
docketed  it  becomes  a  lien  upon  all  the  real  property  of  the 
judgment  debtor  not  exempt  from  execution  in  the  county, 
owned  by  him  at  the  time,  or  which  he  may  afterward  acquire, 
until  the  lien  ceases.  The  lien  continues  for  five  years  unless 
the  enforcement  of  the  judgment  be  stayed  on  appeal  by  the 
execution  of  a  sufficient  undertaking  as  provided  in  this  code, 
in  which  case  the  lien  of  the  judgment  and  any  lien  by  virtue 
of  an  attachment  that  has  been  issued  and  levied  in  the  action 
ceases.  [Amendment  approved  April  19,  1917;  Stats.  1917, 
p.  141.] 

§671a.  Filing  judgments  of  United  States  courts.  Tran- 
scripts of  judgments  and  copies  of  judgments  rendered  in  the 
district  or  other  courts  of  the  United  States  within  the  state 
of  California,  when  certified  by  the  clerk  of  said  courts  under 
the  seal  thereof,  may  be  filed  and  recorded  in  the  office  of  the 
county  clerk  of  any  county  in  this  state,  and  when  so  filed  the 
clerk  shall  immediately  enter  the  same  in  the  judgment  docket 
in  the  same  manner  as  judgments  rendered  in  the  superior 
court  are  entered  and  such  transcripts  of  judgments  and  copies 
of  judgments,  when  so  certified,  may  be  filed  for  record  in  the 
office  of  any  county  recorder  of  this  state  and  when  so  filed 
for  record  the  county  recorder  shall  record  and  index  the  same 
in  the  same  manner  as  transcripts  of  judgments  and  copies  of 
judgments  of  the  courts  of  this  state  are  recorded  and  indexed ; 
and  from  such  recording  the  judgment  becomes  a  lien  upon  all 
the  real  property  of  the  judgment  debtor  not  exempt  from 
execution  in  such  county,  owned  by  him  at  the  time,  or  which 
he  may  afterward,  and  before  the  lien  expires,  acquire.  [New 
section  approved  April  19,  1917;  Stats.  1917,  p.  142.] 

§850.  Notice  of  hearing  in  justices'  courts.  Docket  en- 
tries. When  all  the  parties  served  with  jprocess  shall  have 
appeared,  or  some  of  them  have  appeared,  and  the  remaining 
defendants  have  made  default,  the  justice  must  fix  the  day  for 
the  trial  of  said  cause,  whether  the  issue  is  one  of  law  or  fact, 
and  give  notice  thereof  to  the  parties  to  the-  action  who  have 
appeared,  but  in  case  any  of  the  parties  are  represented  by 
an  attorney,  then  to  such  attorney;  provided,  however,  that 
2 


§  850  CODE  OF   CIVIL  PROCEDURE.  18 

where  a  party  has  appeared  in  person,  such  party  shall  leave 
with  the  justice  or  justice's  clerk,  and  the  same  shall  be  en- 
tered upon  the  register  in  the  action,  an  address  where  service 
of  the  notice  of  hearing  of  such  matter  may  be  made;  pro- 
vided, further,  that  such  notice  shall  be  personally  served  on 
said  person  if  he  can  be  found  at  said  address,  but  in  case  said 
person  cannot,  after  due  diligence,  be  found  at  said  address 
and  such  fact  appears  by  affidavit  to  the  satisfaction  of  the 
court  or  a  judge  thereof,  then  the  service  of  such  notice  may 
be  by  registered  mail  and  in  the  manner  hereinafter  provided 
for  service  of  notice  by  mail.  Such  notice  shall  be  in  writing, 
signed  by  the  justice,  and  substantially  in  the  following  form, 
filling  blanks  according  to  the  facts: 

In  the  justice  court, township  (or  city,  or  city  and  county) , 

county,  or  city  and  county  of ,  State  of  California. 

plaintiff,  vs. defendant. 

To plaintiff,  or attorney  for  plaintiff,  and  to  defend- 
ant, or attorney  for  defendant. 

You  and  each  of  you  will  please  take  notice  that  the  under- 
signed justice  of  the  peace  before  whom  the  above-entitled 
cause    is    pending,    has    set    for    hearing    the    demurrer    of 

,  filed  in  said  cause  (or  has  set  the  said  cause  for  trial,  as 

the  case  may  be),  before  me  at  my  office  in  said  township  (or 

city,  or  citv  and  county),  at  —  o'clock  —  m.,  on  the  day 

of ,  19—. 

Dated  this day  of ,  19 — . 

(Signed) , 

Justice  of  the  peace. 

Said  notice  shall  be  served  by  mail  or  personally.  When 
served  by  mail  the  justice  of  the  peace  shall  deposit  copies 
thereof  in  a  sealed  envelope  in  the  postoffice  at  least  ten  days 
before  the  trial  or  hearing  addressed  to  each  of  the  persons 
on  whom  it  is  to  be  served  at  their  place  of  residence  and  the 
postage  prepaid  thereon;  provided,  that  such  notice  shall  be 
served  by  mail  only  when  the  person  on  whom  service  is  to  be 
made  resides  out  of  the  county  in  which  said  justice's  court  is 
situated,  or  is  absent  therefrom  or  has  appeared  in  person. 
When  personally  served  said  notice  shall  be  served  at  least  five 
days  before  the  trial  or  hearing  on  the  persons  on  whom  it  is 
to  be  served  by  any  person  competent  and  qualified  to  serve 
a  summons  in  a  justice's  court,  and  when  personally  served  it 
shall  be  served,  returned  and  filed  in  like  manner  as  a  sum- 
mons. When  a  party  has  appeared  by  attorney  the  notice 
may  be  served  in  the  manner  prescribed  by  subdivision  one  of 


19  CODE  OF    CIVIL   PROCEDURE,  §  868 

section  one  thousand  eleven  of  this  code.  The  justice  shall 
enter  on  his  docket  the  date  of  trial  or  hearing ;  and  when  such 
notice  shall  have  been  served  by  mail  the  justice  "shall  enter 
on  his  docket  the  date  of  mailing  such  notice  of  trial  or  hearing 
and  such  entry  shall  be  prima  facie  evidence  of  the  fact  of 
such  service.  The  parties  are  entitled  to  one  hour  in  which  to 
appear  after  the  time  fixed  in  said  notice,  but  are  not  bound 
to  remain  longer  than  that  time  unless  both  parties  have 
appeared  and  the  justice  being  present  is  engaged  in  the  trial 
of  another  cause.  [Amendment  approved  April  24,  1917; 
Stats.  1917,  p.  190.] 

§  868.  Attachment  by  sheriff  or  constable.  Keeper.  If 
more  than  one  defendant.  Service  out  of  county.  The  writ 
may  be  directed  to  the  sheriff  or  any  constable  of  the  county 
in  which  such  justice  court  is  situate  and  must  require  him 
to  attach  and  safely  keep  all  of  the  property  of  the  defendant 
within  his  county  not  exempt  from  execution,  or  so  much 
thereof  as  may  be  sufficient  to  satisfy  the  plaintiff's  demand 
against  the  defendant,  the  amount  of  which  must  be  stated 
in  conformity  with  the  complaint,  unless  the  defendant,  whose 
property  has  been  or  is  about  to  be  attached,  give  him  security 
by  the  undertaking  of  two  sufficient  sureties,  in  an  amount 
sufficient  to  satisfy  such  demand  against  such  defendant  be- 
sides costs;  in  which  case  to  take  such  undertaking;  provided, 
however,  that  wiienever  a  levy  shall  be  made  upon  personal 
property,  other  than  money,  belonging  to  a  going  concern, 
then  the  sheriff  must,  if  the  defendant  consents,  place  a  keeper 
in  charge  of  said  attached  property  at  plaintiff's  expense  for 
at  least  two  days  or  more,  and  said  keeper's  fees  must  be  pre- 
paid by  the  attaching  creditor.  After  the  expiration  of  said 
two  days,  the  sheriff'  shall  take  said  property  into  his  imme- 
diate custody,  unless  other  disposition  is  made  by  the  court  or 
parties. 

In  the  event  that  the  action  is  against  more  than  one  defend- 
ant, any  defendant  whose  property  has  been  or  is  about  to  be 
attached  in  such  action  may  give  the  sheriff  such  undertaking, 
and  the  sheriff  shall  take  the  same,  and  such  undertaking  shall 
not  subject  such  defendant  to  or  be  answerable  for  any  de- 
mand against  any  other  defendant,  nor  shall  the  sheriff 
thereby  be  prevented  from  attaching  or  be  obliged  to  release 
from  attachment,  any  property  of  any  other  defendant;  pro- 
vided, however,  that  such  defendant,  at  the  time  of  giving 
such  undertaking  to  the  sheriff,  shall  file  with  the  sheriff  a 
statement  duly  verified  under  oath,  wherein  such  defendant 


§  963  CODE  OF   CIVIL  PROCEDURE.  20 

shall  aver  and  declare  that  the  other  defendant  or  defend- 
ants in  the  action  in  which  said  undertaking  was  given  has 
or  have  not  any  interest  or  claim  of  any  nature  whatsoever 
in  or  to  said  property.  Such  statement  must  further  contain 
the  character  of  such  defendant's  title  and  the  manner  in 
which  he  acquired  title  to  such  attached  property. 

Several  writs  may  be  issued  at  the  same  time  to  the  sheriffs 
or  constables  of  different  counties ;  provided,  that  where  a  writ 
of  attachment  issued  by  a  justice  of  the  peace  is  to  be  served 
out  of  the  county  in  which  it  was  issued,  the  writ  of  attach- 
ment shall  have  attached  to  it  a  certificate  under  seal  by  the 
county  clerk  of  such  county,  to  the  effect  that  the  person  issu- 
ing the  same  was  an  acting  justice  of  the  peace  of  said  county 
at  the  date  of  the  writ.  [Amendment  approved  May  26,  1917 ; 
Stats.  1917,  p.  939.] 

§  963.  Cases  in  which  an  appeal  may  be  taken.  An  appeal 
may  be  taken  from  a  superior  court  in  the  following  cases: 

1.  From  a  final  judgment  entered  in  an  action,  or  special 
proceeding,  commenced  in  a  superior  court,  or  brought  into  a 
superior  court  from  another  court; 

2.  From  an  order  granting  a  new  trial  in  an  action  or  pro- 
ceeding tried  by  a  jury  where  such  trial  by  jury  is  a  matter 
of  right,  or  granting  or  dissolving  an  injunction,  or  refusing 
to  grant  or  dissolve  an  injunction,  or  appointing  a  receiver,  or 
dissolving  or  refusing  to  dissolve  an  attachment,  or  changing 
or  refusing  to  change  a  place  of  trial,  from  any  special  order 
made  after  final  judgment,  from  any  interlocutory  judgment, 
order,  or  decree,  hereafter  made  or  entered  in  actions  to  redeem 
real  or  personal  property  from  a  mortgage  thereof,  or  lien 
thereon,  determining  such  right  to  redeem  and  directing  an 
accounting;  and  from  such  interlocutory  judgment  in  actions 
for  partition  as  determines  the  rights  and  interests  of  the 
respective  parties  and  directs  partition  to  be  made,  and  inter- 
locutory decrees  of  divorce. 

3.  From  a  judgment  or  order  granting  or  refusing  to  grant, 
revoking  or  refusing  to  revoke,  letters  testamentary,  or  of 
administration,  or  of  guardianship;  or  admitting  or  refusing 
to  admit  a  will  to  probate,  or  against  or  in  favor  of  the  validity 
of  a  will,  or  revoknig  or  refusing  to  revoke  the  probate  thereof; 
or  against  or  in  favor  of  setting  apart  property,  or  making  an 
allowance,  for  a  widow  or  child;  or  against  or  in  favor  of 
directing  the  partition,  sale  or  conveyance  of  real  property,  or 
settling  an  account  of  an  executor,  administrator  or  guardian. 


21  CODE  OP   CIVIL   PROCEDURE.  §  1238 

or  refusing,  allowinfi  or  direetins:  the  distribution  or  partition 
of  an  estate,  or  any  part  thereof,  or  the  payment  of  a  debt, 
claim,  or  legacy,  or  distrilmtive  share;  or  confirminp;  or  refus- 
ing to  confirm  a  report  of  an  appraiser  or  appraisers  setting 
apart  a  homestead ;  from  an  order,  judgment  or  decree  fixing 
inheritance  tax  or  determining  that  no  inheritance  tax  is  due. 
[Amendment  approved  May  17,  1917;  Stats.  1917;  p.  624.] 

§  1238.  Right  of  eminent  domain.  Subject  to  the  provi- 
sions of  this  title,  the  right  of  eminent  domain  may  be  exer- 
cised in  behalf  of  the  following  public  uses : 

1.  Uses  of  United  States,  Fortifications,  magazines,  arse- 
nals, navy  yards,  navy  and  army  stations,  lighthouses,  range 
and  beacon  lights,  coast  surveys,  and  all  other  public  uses 
authorized  by  the  government  of  the  United  States. 

2.  Uses  of  state.  Public  buildings  and  grounds  for  the  use 
of  the  state,  or  any  state  institution,  and  all  other  public  uses 
authorized  by  the  legislature  of  the  state. 

3.  Public  utilities,  counties,  cities,  etc.  Any  public  utility, 
and  public  buildings  and  grounds,  for  the  use  of  any  county, 
incorporated  city,  or  city  and  county,  village,  town  or  school 
districts,  ponds,  lakes,  canals,  aqueducts,  reservoirs,  tunnels, 
flumes,  ditches  or  pipes,  lands,  water  system  plants,  buildings, 
rights  of  any  nature  in  water,  and  any  other  character  of  prop- 
erty necessary  for  conducting  or  storing  or  distri])uting  water 
for  the  use  of  any  county,  incorporated  city,  or  city  and 
county,  village  or  town  or  municipal  water  district,  or  the  in- 
habitants thereof,  or  any  state  institution,  or  necessary  for  the 
proper  development  and  control  of  such  use  of  said  water, 
either  at  the  time  of  the  taking  of  said  property,  or  for  the 
future  proper  development  and  control  thereof,  or  for  drain- 
ing any  county,  incorporated  city,  or  city  and  county,  village 
or  town ;  raising  the  banks  of  streams,  removing  obstructions 
therefrom,  and  widening  and  deepening  or  straightening  their 
channels ;  roads,  highways,  boulevards,  streets  and  alleys ;  pub- 
lic mooring  places  for  water  craft;  public  parks,  including 
parks  and  other  places  covered  by  water,  and  all  other  public 
uses  for  the  benefit  of  any  county,  incorporated  city,  or  city 
and  county,  village  or  town,  or  the  inhabitants  thereof,  which 
may  be  authorized  by  the  legislature;  but  the  mode  of  appor- 
tioning and  collecting  the  costs  of  such  improvements  shall  be 
such  as  may  be  provided  in  the  statutes  by  which  the  same 
may  be  authorized. 


§  1238  CODE  OF   CIVIL   PROCEDURE.  22 

4.  Wharves,  ferries,  bridges,  etc.  Wharves,  docks,  piers, 
warehouses,  chutes,  booms,  ferries.  ])rida:es,  tollroads,  byroads, 
plank  and  turnpike  roads;  paths  and  roads  either  on  the  sur- 
face, elevated,  or  depressed,  for  the  use  of  bicycles,  tricycles, 
motorcycles  and  other  horseless  vehicles,  steam,  electric,  and 
horse  railroads,  canals,  ditches,  dams,  poundings,  flumes,  aque- 
ducts and  pipes  for  irrigation,  public  transportation,  supply- 
ing- mines  and  farming  neighborhoods  with  water,  and  drain- 
ing and  reclaiming  lands,  and  for  floating  logs  and  linnber  on 
streams  not  navigable,  and  water,  water  rights,  canals,  ditches, 
dams,  poundings,  flumes,  aqueducts  and  pipes  for  irrigation  of 
lands  furnished  with  water  by  corporations  supplying  water 
to  the  lands  of  the  stockholders  thereof  only,  and  lands  with 
all  wells  and  water  therein  adjacent  to  the  lands  of  any 
municipality  or  of  any  corporation,  or  person  supplying  water 
to  the  public  or  to  any  neighborhood  or  community  for  domes- 
tic use  or  irrigation. 

5.  Roads,  flumes,  etc.,  for  mines.  Roads,  tunnels,  ditches, 
flumes,  pipes  and  dumping  places  for  working  mines;  also  out- 
lets, natural  or  otherwise  for  the  flow,  deposit  or  conduct  of 
tailings  or  refuse  matter  from  mines ;  also  an  occupancy  in 
common  by  the  owners  or  possessors  of  different  mines  of  any 
place  for  the  flow,  deposit,  or  conduct  of  tailings  or  refuse 
matter  from  their  several  mines. 

6.  Byroads.  Byroads  leading  from  highways  to  residences, 
farms,  mines,  mills,  factories  and  buildings  for  operating  ma- 
chinery, or  necessary  to  reach  any  property  used  for  pul)lie 
purposes. 

7.  Telegfraph.  Telegraph  and  telephone  lines,  systems  and 
1)1  ants. 

8.  Sewerage.  Sewerage  of  any  incorporated  city,  city  and 
county,  or  of  any  village  or  town,  whether  iucorporated  or 
unincorporated,  or  of  any  settlement  consisting  of  not  less 
than  ten  families,  or  of  any  buildings  belonging  to  the  state. 
or  to  any  college  or  university,  also  the  connection  of  private 
i-esidences  and  other  l)uildiugs,  through  other  property,  with 
the  mains  of  an  ostal)l'shed  sewer  system  in  any  such  city,  city 
arifl  cormty,  town  or  village. 

0.  Roads.  IJoads  foi-  tra)is])oi-ta1ion  hy  ti'actiou  engines  or 
road  locomotives. 

U).  Pipe-lines.     Oil  |)i|)e-lines. 


23  CODE  OF   CIVIL  PROCEDURE.  '  §  1238 

11.  Lumbering.  Railroads,  roads  and  flumes  for  quarrying, 
logging  or  lumbering  purposes. 

12.  Canals,  reservoirs,  dams,  etc.  Canals,  reservoirs,  dams, 
ditches,  flumes,  aqueducts  and  pipes  and  outlets  natural  or 
otherwise  for  supplying,  storing,  and  discharging  water  for 
the  operation  of  machinery  for  the  purpose  of  generating  and 
transmitting  electricity  for  the  supply  of  mines,  quarries,  rail- 
roads, tramways,  mills,  and  factories  with  electric  power ;  and 
also  for  the  applying  of  electricity  to  light  or  heat  mines, 
quarries,  mills,  factories,  incorporated  cities  and  counties,  vil- 
lages or  towns ;  and  also  for  furnishing  electricity  for  lighting, 
heating  or  power  purposes  to  individuals  or  corporations ;  to- 
gether with  lands,  buildings  and  all  other  improvements  in  or 
upon  which  to  erect,  install,  place,  use  or  operate  machinery 
for  the  purpose  of  generating  and  transmitting  electricity  for 
any  of  the  purposes  or  uses  a'nove  set  forth. 

13.  Power  lines.  Electric  power  lines,  electric  heat  lines, 
electric  light  lines,  electric  light,  heat  and  power  lines,  and 
works  or  plants,  lands,  buildings  or  rights  of  any  character 
in  water,  or  any  other  character  of  property  necessary  for  the 
generation,  transmission  or  distribution  of  electricity  for  the 
purpose  of  furnishing  or  supplying  electric  light,  heat  or  power 
to  any  county,  city  and  county  or  incorporated  city  or  town, 
or  the  inhabitants  thereof,  or  necessary  for  the  proper  develop- 
ment and  control  of  such  use  of  such  electricity,  either  at  the 
time  of  the  taking  of  said  property,  or  for  the  future  proper 
development  and  control  thereof. 

14.  Cemeteries.  Cemeteries  for  the  burial  of  the  deed,  and 
enlarging  and  adding  to  the  same  and  the  grounds  thereof. 

15.  Public  records.  The  plants,  or  any  part  thereof  or  any 
record  therein  of  all  persons,  firms  or  corporations  heretofore, 
now  or  hereafter  engaged  in  the  business  of  searching  public 
records,  or  publishing  public  records  or  insuring  or  guarantee- 
ing titles  to  real  property,  including  all  copies  of,  and  all 
abstracts  or  memoranda  taken  from,  public  records,  which  are 
owned  by,  or  in  the  possession  of  such  persons,  firms  or  corpo- 
rations, or  which  are  used  by  them  in  their  respective  busi- 
nesses; provided,  however,  that  the  right  of  eminent  domain 
in  behalf  of  the  public  uses  mentioned  in  this  subdivision  may 
be  exercised  only  for  the  purposes  of  restoring  or  replacing,  in 
whole  or  in  part,  public  records,  or  the  substance  of  public 
records,  of  any  city^  city  and  county,  county  or  other  munici- 


§  1269  CODE  OP   CIVIL   PROCEDURE.  24 

pality,  Avhieh  records  have  been,  or  may  hereafter  be,  lost  or 
destroyed  by  conflairration  or  other  public  calamity;  and  pro- 
vided, further,  that  such  risrht  shall  be  exercised  only  by  the 
city,  city  and  county,  county  or  municipality,  whose  records, 
or  part  of  whose  records,  have  been,  or  may  be.  so  lost  or 
destroyed. 

16.  Fairs.  Expositions  or  fairs  in  aid  of  which  the  eri'antin^ 
of  public  moneys  or  other  thing^s  of  value  has  been  authorized 
by  the  constitution. 

17.  Gasworks,  etc.  AVorks  or  plants  for  supplying  gas,  heat, 
refrigeration  or  power  to  any  county,  city  and  county,  or  in- 
corporated city  or  town,  or  the  inhabitants  thereof,  together 
with  lands,  buildings,  and  all  other  improvements  in  or  upon 
which  to  erect,  install,  place,  maintain,  use  or  operate  ma- 
chinery, appliances,  works  and  plants  for  the  purpose  of  gener- 
ating, transmitting  and  distributing  the  same  and  rights  of 
any  nature  in  water,  or  property  of  any  character  necessary 
for  the  purpose  of  generating,  transmitting  and  distributing 
the  same,  or  necessary  for  the  proper  development  and  control 
of  such  use  of  such  gas,  heat,  refrigeration,  or  power,  either 
at  the  time  of  the  taking  of  said  property,  or  for  the  future 
proper  development  and  control  thereof. 

18.  Trees  along  highways.  Standing  trees  and  ground 
necessary  for  the  support  and  maintenance  thereof,  along  the 
course  of  any  highway,  within  a  maximum  distance  of  three 
hundred  feet  on  each  side  of  the  center  thereof;  and  ground 
for  the  culture  and  growth  of  trees  along  the  course  of  any 
highway,  within  a  maximum  distance  of  three  hundred  feet  on 
each  side  of  the  center  thereof.  [Amendment  approved  April 
5,  1917;  Stats.  1917,  p.  59.] 

§  1269.  Action  on  behalf  of  state.  Description  of  property. 
Order  to  appear.  If  proceedings  for  administration  have  been 
instituted.  State  treasurer  to  hold  property.  At  any  time 
after  two  ycai's  aftei-  1lu'  death  of  any  decedent,  leaving  prop- 
erty to  which  the  state  is  entitled  by  reason  of  its  having 
escheated  to  the  state,  tlie  attorney  general  shall  commence  a 
proceeding  on  behalf  of  the  state  in  the  superior  court  for 
Sacramento  county  to  have  it  adjudged  that  the  state  is  so 
entitled.  Such  action  shall  be  commenced  by  filing  a  petition, 
which  sliall  l)e  ti'cated  as  the  information  elsewhere  referred 
to  in  this  tilh;.  Thei-e  shall  be  set  forth  in  such  petition  a 
(b.'Scri])1ioii   of  Ihc  |)i-()|)cfty,  Hk^  name  ol"  the  person  last  pos- 


25  CODE  OF  CIVIL  PROCEDUilEl.  §  1269 

sessed  thereof,  the  name  of  the  person,  if  any,  claiming  snch 
property,  or  any  portion  thereof,  and  the  facts  and  circum- 
stances by  virtue  of  which  it  is  claimed  the  property  has 
escheated.  Upon  the  filing  of  such  petition,  the  court  must 
make  an  order  requiring  all  persons  interested  in  the  estate 
to  appear  and  show  cause,  if  any  they  have,  within  sixty  days 
from  the  date  of  the  order,  why  such  estate  should  not  vest  in 
the  state.  Such  order  must  be  published  at  least  once  a  week 
for  four  successive  weeks  in  a  newspaper  published  in  said 
county  of  Sacramento,  the  last  publication  to  be  at  least  ten 
days  prior  to  the  date  set  for  the  hearing.  Upon  the  comple- 
tion of  the  publication  of  such  order  the  court  shall  have  full 
and  complete  jurisdiction  over  the  state,  the  property,  and  the 
person  of  everyone  having  or  claiming  any  interest  in  the  said 
property,  and  shall  have  full  and  complete  jurisdiction  to  hear 
and  determine  the  issues  therein,  and  render  the  appropriate 
judgment  thereon.  If  proceedings  for  the  administration  of 
such  estate  have  been  instituted,  a  copy  of  such  order  must  be 
filed  with  the  papers  in  such  estate  in  the  office  of  the  county 
clerk  where  such  proceedings  were  had.  If  proceedings  for 
the  administration  of  any  estate  of  any  such  decedent  have 
been  instituted  and  none  of  the  persons  entitled  to  succeed 
thereto  have  appeared  and  made  claim  to  such  property,  or 
any  portion  thereof,  before  the  decree  of  final  distribution 
therein  is  made,  or  before  the  commencement  of  such  proceed- 
ing by  the  attorney  general,  or  if  the  court  shall  find  that  such 
persons  as  have  appeared  are  not  entitled  to  the  property  of 
such  estate,  or  of  any  portion  thereof,  the  court  shall,  upon 
final  settlement  of  the  proceedings  for  the  administration  of 
such  estate,  after  the  payment  of  all  debts  and  expenses  of 
administration,  distribute  all  moneys  and  other  property  re- 
maining to  the  state  of  California.  The  property  so  dis- 
tributed shall  be  held  by  the  state  treasurer  for  a  period  of 
five  years  from  the  date  of  the  decree  making  such  distribu- 
tion within  which  time  the  same  may  be  claimed  in  the  manner 
in  this  title  hereafter  provided,  but  a  nonresident  foreigner 
claiming  succession  in  any  case  must  appear  and  claim  within 
five  years  from  the  death  of  the  decedent,  and  any  person  who 
does  not  appear  and  claim  as  herein  required  shall  be  forever 
barred,  and  such  property,  or  so  much  thereof  as  is  not  so 
claimed,  shall  vest  absolutely  in  the  state.  In  any  proceeding 
brought  by  the  attorney  general  under  this  title  any  two  or 
more  parties  and  any  two  or  more  causes  of  action  may  be 
joined  in  the  same  proceeding  and  in  the  same  petition  with- 
out being  separately  stated,  and  it  shall  be  sufficient  to  allege 


§§  1272a-1380  code  of  civil  peoceduee.  26 

in  the  petition  that  the  decedent  left  no  heirs  to  take  the  estate 
and  the  failure  of  heirs  to  appear  and  set  up  their  claims  in 
any  such  proceeding,  or  in  any  proceedings  for  the  adminis- 
tration of  such  estate,  shall  be  sufficient  proof  upon  which  to 
base  the  judgment  in  any  such  jjroceeding  or  such  decree  of 
distribution.  Where  proceedings  for  the  administration  of 
any  estate  have  not  been  commenced  within  six  months  from 
the  death  of  any  decedent  the  attorney  general  may  direct 
the  public  administrator  to  commence  the  same  forthwith. 
[Amendment  approved  May  5,  1917;  Stats.  1917,  p.  253.] 

§  1272a.  Petition  showing  claim  to  estate  deposited  with 
state  treasurer.  Claim  for  less  than  $300.  When  the  estate, 
or  any  portion  thereof,  of  any  decedent  has  been  deposited 
with  the  state  treasurer  under  the  provisions  of  this  code,  any 
person  entitled  to  succeed  and  not  a  party  or  privy  to  any 
proceeding  had  under  any  of  the  foregoing  sections  of  this 
title,  and  who  has  not  appeared  in  the  proceedings  for  the 
administration  of  such  estate,  may,  within  five  j'ears  after  the 
date  of  the  decree  of  final  distribution,  unless  otherwise  barred, 
file  a  petition  in  the  superior  court  for  Sacramento  county 
against  the  state  of  California  showing  his  claim  or  right  to 
the  property,  or  the  proceeds  thereof,  or  to  any  portion  thereof. 
Said  petition  shall  be  verified,  and,  among  other  things,  must 
state  the  facts  required  to  be  stated  in  a  petition  filed  under 
section  one  thousand  two  hundred  and  seventy-two  of  this 
code,  and  upon  the  filing  thereof  the  same  proceedings  shall 
be  had  as  are  therein  required.  Whenever  the  amount  claimed 
by  any  such  person  is  less  than  three  hundred  dollars  any  such 
claimant  may,  in  lieu  of  filing  such  petition,  present  his  claim 
to  the  state  board  of  control,  showing  the  same  facts  required 
to  be  stated  in  such  petition  and  said  board  may,  upon  recom- 
mendation of  the  attorney  general,  allow  and  order  paid  such 
claim,  provided  that  no  such  claim  shall  be  so  allowed  or  paid 
until  at  least  five  years  after  the  death  of  the  decedent  and 
then,  only,  in  the  event  that  no  other  claim  is  made  to  such 
jjroperty.  When  payment  has  been  made  under  this  title  to 
any  claimant  no  suit  shall  thereafter  be  maintained  by  any 
other  claimant  against  the  state,  or  any  officer  thereof,  for  or 
on  account  of  such  property.  [New  section  added  May  5, 
1917;  Stats.  1917,  p.  254.] 

§  1380.  Request  for  special  notice  of  proceedings.  At  any 
time  after  the  issuance  of  letters  testamentary  or  of  adminis- 
tration upon  the  estate  of  any  decedent,  any  person  interested 


27  CODE   OF    CI  ML   PROCEDURE.  §  1415 

in  said  estate  (including  the  state  controller),  wliether  as  heir, 
devisee,  or  legatee,  or  the  attorney  for  such  heir,  devisee,  or 
legatee,  may  serve  upon  the  executor  or  administrator  (or 
upon  the  attorney  for  the  executor  or  administrator)  and  file 
with  the  clerk  of  the  court  wherein  administration  of  such 
estate  is  pending,  a  written  request,  stating  that  he  desires 
special  notice  of  any  or  all  of  the  following  mentioned  matters, 
steps  or  proceedings  in  the  administration  of  said  estate,  to 
wit: 

1.  FiUng  of  petitions  for  sales,  leases  or  mortgages  of  any 
property  of  the  estate. 

2.  Filing  of  accounts. 

3.  Filing  of  petitions  for  distribution. 

4.  Filing  of  petitions  for  partition  of  any  property  of  the 
estate. 

Such  request  shall  state  the  postoffice  address  of  such  heir, 
devisee,  or  legatee,  state  controller,  or  his  attorney,  and  there- 
after a  brief  notice  of  the  filing  of  any  of  such  petitions  or 
accounts,  except  petitions  for  sale  of  perishable  property  or 
other  personal  property,  which  will  incur  expense  or  loss  by 
keeping,  shall  be  addressed  to  such  heir,  devisee,  or  legatee, 
state  controller,  or  his  attorney,  at  his  stated  postoffice  address, 
and  deposited  in  the  United  States  postoffice  with  the  postage 
thereon  prepaid,  within  two  days  after  the  filing  of  such  peti- 
tion or  account ;  or  personal  service  of  such  notices  may  be 
made  on  such  heir,  devisee,  or  legatee,  state  controller,  or  his 
attorney,  within  said  two  days  and  such  personal  service  shall . 
be  equivalent  to  such  deposit  in  the  postoffice,  and  proof  of 
mailing  or  of  personal  service  must  be  filed  with  the  clerk 
before  the  hearing  of  such  petition  or  account.  If  upon  the 
hearing  it  shall  appear  to  the  satisfaction  of  the  court  that  the 
said  notice  has  been  regularly  given,  the  court  shall  so  find  in 
its  order  or  judgment  and  such  judgment  shall  be  final  and 
conclusive  upon  all  persons.  [Amendment  approved  May  5, 
1917;  Stats.  1917,  p.  276.] 

§  1415.  Duties  of  special  administrators.  The  special  ad- 
ministrator must  collect  and  preserve  for  the  executor  or 
administrator,  all  the  goods,  chattels,  debts,  and  effects  of  the 
decedent,  all  incomes,  rents,  issues  and  profits,  claims,  and  de- 
mands of  the  estate ;  must  take  the  charge  and  management 
of,  enter  upon,  and  preserve  from  damage,  w^aste  and  injury, 
the  real  estate,  and  for  any  such  and  all  necessary  purposes 
may  commence  and  maintain  or  defend  suits  and  other  legal 
proceedings  as  an  administrator;  he  may  sell  such  perishable 


§§  1418-1444  CODE  OF   CIVIL  PROCEDURE.  28 

property  as  the  court  may  order  to  be  sold,  and  exercise  such 
other  powers  as  are  conferred  upon  him  by  his  appointment, 
but  in  no  case  is  he  liable  to  an  action  by  any  creditor  on  a 
claim  against  the  decedent.  The  special  administrator  may 
commence  and  maintain  all  proceedings,  do  all  acts,  and  apply 
for  and  obtain  all  orders  and  decrees,  authorized  or  provided 
for,  in  or  by  article  five  of  chapter  seven  of  title  eleven  of  this 
code,  in  the  same  manner  and  with  like  effect  as  an  executor 
or  administrator.  [Amendment  approved  April  6,  1917 ;  Stats. 
1917,  p.  81.] 

§  1418.     Payment  of  secured  debts  by  special  administrators.' 

If  it  shall  appear  by  the  verified  petition  of  any  special  admin- 
istrator, or  other  person  interested  in  any  estate  in  the  charge 
of  any  special  administrator,  that  any  of  the  property  of  said 
estate  is  subject  to  any  mortgage,  lien  or  deed  of  trust,  to 
secure  the  payment  of  money,  and  that  any  amount  so  secured, 
either  principal  or  interest,  is  past  due  and  unpaid;  that  the 
holder  of  the  security  threatens  or  is  about  to  enforce  or  fore- 
close the  same  and  that  the  said  property  exceeds  in  value 
the  amount  of  the  entire  obligation  thereon,  and  an  order  is 
asked  directing  or  permitting  said  special  administrator  to  pay 
all  or  any  part  of  the  amount  so  secured,  the  court  or  a  judge 
thereof  shall  fix  a  time  for  the  hearing  of  said  petition  and 
shall  direct  notice  of  not  less  than  ten  days  to  be  given  by 
posting  in  three  public  places  and  by  personal  service  on  all 
parties  who  have  appeared  or  their  attorneys.  At  the  time  so 
appointed,  if  the  allegations  of  such  petition  shall  be  proven 
to  the  satisfaction  of  the  court  and  it  shall  appear  to  be  for 
the  best  interests  of  said  estate,  the  court  may  order  the  spe- 
cial administrator  to  pay  interest  or  other  portions  or  the 
whole  of  the  secured  debt,  and,  in  its  discretion,  may  direct  the 
special  administrator  to  take  proceedings  under  article  five  of 
chapter  seven  of  title  eleven  of  this  code  to  secure  funds  for 
such  purpose.  Any  such  order  for  payment  of  interest  may 
also  direct  that  interest  not  yet  accrued  be  paid  as  it  becomes 
due  and  such  order  shall  remain  in  effect  and  cover  such  future 
interest  until  and  unless  thereafter  for  good  cause  set  aside 
or  modified  by  the  court  upon  similar  petition  and  notice  to 
that  hereinabove  provided.  [New  section  added  April  6, 
1917;  Stats.  1917,  p.  82.1 

§  1444.     Appraisers    of    estates    of    deceased    persons.     To 

make  the  {ipprjiiscinent,  the   (!0urt,   or  a  judge  thereof,  must 
;ipp()itit  ttirc*'  (lisiii1<M'('st(!d  ])ersons,  one  of  whom  must  be  one 


29  CODE  OF   CIVIL   PROCEDURE.  §  1455 

of  the  inheritance  tax  appraisers  provided  for  by  law  (any 
two  of  whom  may  act,  provided  that  one  of  them  ])e  the  in- 
heritance tax  appraiser)  ;  provided,  that  the  court  may,  in  its 
discretion,  appoint  said  inheritance  tax  appraiser  as  sole  ap- 
praiser to  appraise  said  estate.  Each  of  said  appraisers  is 
entitled  to  receive,  from  each  estate  he  appraises,  as  compen- 
sation for  his  services,  not  to  exceed  five  dollars  per  day  (to- 
gether with  his  actual  and  necessary  expenses),  to  be  allowed 
by  the  court  or  judge.  The  appraisers  or  appraiser  must,  with 
the  inventory,  file  a  verified  account  of  their  or  his  services 
and  disbursements.  If  any  part  of  the  estate  is  in  any  other 
county  than  that  in  which  letters  issued,  an  appraiser  or  ap- 
praisers thereof  may  in  the  same  manner  as  above  provided, 
be  appointed,  either  by  the  court  or  judge  having  the  juris- 
diction of  the  estate,  or  by  the  court  or  judge  of  such  other 
county,  on  request  of  the  court  or  judge  ha,ving  jurisdiction. 
No  clerk  or  deputy,  nor  any  person  related  by  consanguinity 
or  affinity  to  or  connected  by  marriage  with,  or  being  a  partner 
or  employee  of  the  judge  of  the  court,  shall  be  appointed  or 
shall  be  competent  to  act  as  appraiser  in  any  estate,  or  matter 
or  proceeding  pending  before  said  judge  or  in  said  court. 
[Amendment  approved  May  10,  1917;  Stats.  1917,  p.  329.] 

§  1455.  Who  may  collect  balances  due  deceased  or  insane  an- 
nuitants from  teachers'  retirement  salary  fund.  Claim  payable 
by  salary  fund  board  on  receipt  of  affidavit.  The  surviving  hus- 
band or  wife,  or  the  guardian  of  the  estate  of  any  insane  or  in- 
competent husband  or  wife,  of  any  deceased  person  who  had 
been  the  recipient  of  an  annuity  from  the  public  school  teachers' 
retirement  salary  fund,  or  if  no  husband  or  wife  is  living,  then 
the  children  or  the  guardian  of  the  estates  of  any  minor  or  in- 
sane or  incompetent  children  of  said  deceased,  or,  if  no  children 
are  living,  then  the  father  or  mother  or  the  guardian  of  the 
estate  of  any  insane  or  incompetent  father  or  mother  of  such 
decedent,  and  if  neither  the  father  nor  mother  is  living,  then  the 
brothers  and  sisters  or  the  guardian  of  the  estates  of  any  minor 
or  insane  or  incompetent  brothers  and  sisters  of  such  decedent, 
may,  without  procuring  letters  of  administration,  collect  from 
the  public  school  teachers'  retirement  salary  fund,  in  the  state 
treasury,  any  balance  of  retirement  salary  accrued  to  the 
credit  of  said  deceased  annuitant  remaining  unpaid  at  the  time 
of  death.  The  public  school  teachers'  retirement  salary  fund 
board,  upon  receiving  an  affidavit  stating  that  said  annuitant 
is  dead,  and  that  affiant  is  the  surviving  husband  or  wife  or 
the  guardian  of  the  estate  of  an  insane  or  incompetent  hus- 


§  1469  CODE   OF   CIVIL   PROCEDURE.  30 

band  or  wife,  as  the  case  may  be,  of  said  decedent,  or  stating 
that  decedent  left  no  husband  or  wife,  and  that  affiant  is  the 
child,  or  that  affiants  are  the  children,  or  the  guardians  of 
the  estates  of  the  minor,  insane  or  incompetent  children,  as 
the  case  may  be,  of  said  decedent,  or  stating  that  decedent 
left  neither  husband,  wife  nor  children,  and  that  affiant  is  the 
father  or  mother,  or  the  guardian  of  the  estate  of  the  insane 
or  incompetent  father  or  mother,  as  the  case  may  be,  of  said 
decedent,  or  stating  that  the  decedent  left  neither  husband, 
wife,  children,  father  nor  mother,  and  that  the  affiants  are 
the  brothers  and  sisters,  or  the  guardians  of  the  estates  of 
the  minor,  insane  or  incompetent  brothers  and  sisters,  as  the 
case  may  be.  of  said  decedent,  shall,  at  the  next  quarterly 
meeting  of  said  board,  when  claims  for  retirement  salaries  are 
certified,  include  and  certify  a  claim  in  favor  of  said  affiant 
or  affiants  for  the  balance  due  said  decedent,  and  the  con- 
troller shall  draw  his  warrant  in  favor  of  the  affiant  or  affiants 
in  the  same  manner  as  warrants  are  drawn  for  the  payment 
of  retirement  salaries,  and  the  indorsement  of  such  affiant  or 
affiants  upon  such  warrant  is  sufficient  acquittance  therefor. 
[New  section  added  April  6,  1917;  Stats.  1917,  p.  78.] 

§  1469.  Administration  of  estates  not  exceeding  $1,500  in 
value.  If  a  deceased  jjerson  leave  a  widow  or  minor  child  or 
minor  children  and  upon  the  return  of  the  inventory  of  the 
estate  of  such  deceased  person  it  shall  appear  to  the  court  or 
a  judge  thereof  by  the  verified  petition  of  the  personal  rep- 
resentative of  such  deceased  person  or  of  his  widow  or  of  the 
guardian  of  his  minor  children  or  of  any  of  them  that  the  net 
value  of  the  whole  estate  of  said  deceased  over  and  above  all 
liens  or  encumbrances  of  record  at  the  date  of  the  death  of 
said  deceased  does  not  exceed  the  sum  of  one  thousand  five 
hundred  dollars,  the  court,  or  a  judge  thereof,  shall,  by  order, 
require  all  persons  interested  to  appear  on  a  day  fixed  to  show 
cause  why  the  whole  of  said  estate  should  not  be  assigned  for 
the  use  and  support  of  the  family  of  the  deceased.  Notice 
thereof  shall  be  given  and  proceedings  had  in  the  same  man- 
ner as  provided  in  section  one  thousand  four  hundred  sixty- 
five  a  of  this  code.  If  upon  the  hearing,  the  court  finds  that 
the  net  value  of  the  estate  over  and  above  all  liens  or  encum- 
brances of  record  at  the  date  of  the  death  of  said  deceased 
does  not  exceed  the  sum  of  one  thousand  five  hundred  dollars, 
it  shall,  by  decree  for  that  purpose,  assign  to  the  widow  of 
the  decc^ased,  if  there  be  a  widow,  or  if  there  be  no  widow, 
then  to  the  minor  children  of  the  deceased,  if  there  be  minor 


31  CODE  OF   CIVIL   PROCEDURE.  §§  1475-1663 

children,  the  whole  of  the  estate,  subject  to  whatever  mort- 
gages, liens,  or  encumbrances  there  may  be  upon  said  estate 
at  the  time  of  the  death  of  said  deceased,  after  the  payment 
of  the  expenses  of  the  last  illness  of  the  deceased,  funeral 
charges,  and  expenses  of  administration,  and  the  title  thereof 
shall  vest  absolutely  in  such  widow,  if  there  is  a  widow,  or 
if  there  is  no  widow,  in  the  minor  children  or  child,  subject 
to  whatever  mortgages,  liens  or  encumbrances  there  may  be 
upon  said  estate  at  the  time  of  the  death  of  the  deceased,  and 
there  must  be  no  further  proceedings  in  the  administration, 
unless  further  estate  be  discovered.  [Amendment  approved 
April  25,  1917 ;  Stats.  1917,  p.  195.] 

§  1475.  Setting  off  of  recorded  homestead.  If  the  home- 
stead selected  and  recorded  prior  to  the  death  of  the  decedent 
be  returned  in  the  inventory  appraised  at  not  exceeding  fiv.e 
thousand  dollars  in  value,  or  w^as  previously  appraised  as  pro- 
vided in  the  Civil  Code,  and  such  appraised  value  did  not 
exceed  that  sum,  the  superior  court  must,  by  order,  set  it 
off  to  the  persons  in  whom  title  is  vested  by  the  preceding 
section.  If  there  be  subsisting  liens  or  encumbrances  on  the 
homestead,  the  claims  secured  thereby  must  be  presented  and 
allowed  as  other  claims  against  the  estate.  If  the  funds  of 
the  estate  be  adequate  to  pay  all  claims  against  the  estate,  the 
claims  so  secured  must  be  paid  out  of  such  funds.  If  the 
funds  of  the  estate  be  not  sufficient  for  that  purpose,  the 
claims  so  secured  shall  be  paid  proportionately  with  other 
claims  allowed,  and  the  liens  or  encumbrances  on  the  home- 
stead shall  only  be  enforced  against  the  homestead  for  any 
deficiency  remaining  after  such  payment;  provided,  that  it 
shall  be  the  duty  of  any  executor  or  administrator,  within 
sixty  days  after  the  first  publication  of  notice  to  creditors,  to 
notify  in  writing  the  record  holder  of  any  such  lien  or  encum- 
brance upon  real  property  subject  to  a  declaration  of  home- 
stead of  the  death  of  the  testator  or  intestate,  and  unless  so 
notified,  the  rights  of  the  holder  of  such  lien  or  encumbrance 
shall  not  be  affected  by  his  failure  to  present  such  claim  as 
hereinabove  required.  [Amendment  approved  May  21,  1917 ; 
Stats.  1917,  p.  783.] 

§  1663.  Partial  distribution  of  estates  of  deceased  persons. 
Costs.  Where  the  time  for  filing  or  presenting  claims  has 
expired,  and  all  claims  that  have  been  allowed  have  been 
paid,  or  are  secured  by  a  mortgage  upon  real  estate  sufficient 
to  pay  them,  and  the  estate  is  not  in  a  condition  to  be  finally 
closed  and  distributed,  the  executor  or  administrator,  or  co- 


§§  1714^1723  CODE  OF  CIVIL  PROCEDURE.  32 

executor  or  coadministrator,  may  present  his  petition  to  the 
court  for  ratable  payment  of  the  legacies,  or  ratable  distribu- 
tion of  the  estate  to  all  the  heirs,  legatees,  devisees,  or  their 
assignees,  grantees  or  successors  in  interest.  Notice  of  such 
application  must  be  given  to  all  persons  interested  in  the 
estate,  in  the  same  manner  that  notice  is  required  to  be  given 
of  the  settlement  of  the  account  of  an  executor  or  adminis- 
trator. Any  person  interested  in  the  estate  may  appear  at 
the  time  named  and  resist  the  application.  If,  at  the  hearing, 
it  appears  that  the  allegations  in  the  petition  of  said  execu- 
tor, administrator,  coexecutor,  or  coadministrator,  are  true, 
and  the  court  is  satisfied  that  no  injury  can  result  to  the 
estate  by  granting  the  petition,  the  court  must  make  an  order 
directing  the  executor  or  executors,  administrator  or  admin- 
istrators, as  the  case  may  be,  to  deliver  to  the  heirs,  legatees, 
devisees,  or  to  their  assigns,  grantees  or  successors  in  interest, 
the  whole  portion  of  the  estate  to  which  they  may  be  entitled, 
or  only  a  part  thereof,  designating  it. 

If,  in  the  execution  of  the  order,  a  partition  is  necessary 
between  two  or  more  of  the  parties  interested,  it  must  be  made 
in  the  manner  hereinafter  prescribed.  The  costs  of  the  pro- 
ceedings under  this  section  must  be  paid  by  the  estate,  except- 
ing that  in  case  a  partition  is  necessary,  the  costs  of  such  par- 
tition must  be  apportioned  amongst  the  parties  interested  in 
such  partition.  [New  section  added  May  17,  1917;  Stats. 
1917,  p.  575.] 

§  1714.     Motion  for  new  trial  in  probate  proceedings.     The 

provisions  of  part  two  of  this  code,  relative  to  new  trials  and 
appeals,  except  in  so  far  as  they  are  inconsistent  with  the 
provisions  of  this  title,  apply  to  the  proceedings  mentioned 
in  this  title;  provided,  that  hereafter  a  motion  for  a  new  trial 
in  probate  proceedings  can  be  made  only  in  cases  of  contests 
of  wills,  either  before  or  after  probate,  in  proceedings  under 
section  one  thousand  six  hundred  sixty-four  of  this  code  and 
in  those  cases  where  the  issues  of  fact,  of  which  a  new  trial 
is  sought,  were  tried  by  a  jury  or  were  of  such  character  as 
to  entitle  the  parties  to  have  them  tried  by  a  jury  whether 
or  not  they  were  so  tidied.  [Amendment  approved  April  13, 
1917;  Stats.  1917,  p.  117.] 

§  1723.  Persons  dying-  who  owned  life  estate  or  homesteads. 
Interested  persons  may  petition.  Decree  of  court.  Inherit- 
ance tax.  If  niiy  person  has  died  or  shall  hereafter  die  who 
at  llic  Hiiie  of  his  (loath  wns  the  owner  of  a  life  estate  which 
terJTiiii.'ites  by  re;ison  of  the  death  of  such  person;  or  if  such 


33  CODE  OF  CIVIL  PROCEDURE.  §§  1764a-1881 

person  at  the  time  of  his  death  was  one  of  two  or  more  persons 
holding  land  in  joint  tenancy,  which  land  by  reason  of  his 
death  vests  absolutely  in  the  surviving  joint  tenant  or  tenants; 
or  if  such  person  at  the  time  of  his  death  was  the  spouse  of 
a  person  owning  land  upon  which  either  spouse  had  declared 
a  homestead,  the  homestead  interest  of  which  deceased  person 
absolutely  terminated  by  reason  of  his  death ;  any  person 
interested  in  the  land,  or  in  the  title  thereto,  in  which  such 
estate  or  interest  was  held,  may  file  in  the  superior  court  of 
the  county  in  which  the  land  or  any  part  thereof  is  situated, 
his  verified  petition  setting  forth  such  facts,  and  thereupon 
and  after  such  notice  by  publication  or  otherwise  as  the  court 
may  order;  provided,  that  notice  shall  be  given  in  each  county 
where  any  part  of  said  land  is  situated  in  the  same  manner 
as  in  the  county  where  said  petition  is  filed,  the  court  shall 
hear  such  petition  and  the  evidence  offered  in  support  thereof, 
and  if  upon  such  hearing  it  shall  appear  that  such  estate  or 
interest  so  terminated  or  vested,  the  court  shall  make  a  decree 
to  that  effect,  and  thereupon  a  certified  copy  of  such  decree 
shall  be  recorded  in  the  office  of  the  county  recorder  of  each 
county  in  which  any  part  of  said  land  is  situated,  and  there- 
after shall  have  the  same  effect  as  a  decree  of  final  distribu- 
tion so  recorded;  provided,  that  if  such  estate  or  interest 
was  a  joint  tenancy,  any  inheritance  tax  which  is  due  and  pay- 
able by  reason  of  the  death  of  such  deceased  person,  must  be 
fully  paid  before  such  decree  is  made ;  and  the  amount  of  said 
inheritance  tax  shall  be  fixed,  and  said  tax  shall  be  paid,  in 
the  same  manner  as  in  the  case  of  an  administration  upon 
the  estate  of  a  decedent.  [Amendment  approved  Mav  31, 
1917;  Stats.  1917,  p.  1397.] 

§  1764a.  Appointment  as  guardian.  In  awarding  letters  of 
guardianship  of  the  person  and  estate,  or  person  or  estate,  of 
an  insane  or  incompetent  person,  the  court  shall  appoint  as 
guardian  such  person  as  may  have  been  designated  pursuant 
to  section  two  hundred  forty-two  of  the  Civil  Code,  in  which 
cases  such  persons  shall  be  appointed  unless  good  cause  to  the 
contrary  be  shown.  [New  section  added  May  17,  1917 ;  Stats. 
1917,  p.  644.] 

§  1881.     Cases  in  which   witnesses    may  not    be    examined. 

There  are  particular  relations  in  which  it  is  the  policy  of  the 
law  to  encourage    confidence  and    to    preserve  it  inviolate; 
therefore,  a  person  cannot  be  examined  as  a  witness  in  the 
following  cases; 
3 


§  1881  CODE   OF    CIVIL   PROCEDURE.  34 

1.  Husband  and  wife.  A  husband  cannot,  be  examined  for 
or  against  his  wife  without  her  consent;  nor  a  wife  for  or 
against  her  husband,  without  his  consent ;  nor  can  either, 
during  the  marriage  or  afterward,  be,  without  the  consent  of 
the  other,  examined  as  to  any  communication  made  by  one 
to  the  other  during  the  marriage ;  but  this  exception  does  not 
apply  to  a  civil  action  or  proceeding  by  one  against  the  other, 
nor  to  a  criminal  action  or  proceeding  for  a  crime  committed 
by  one  against  the  other;  or  in  an  action  brought  by  husband 
or  wife  against  another  person  for  the  alienation  of  the  affec- 
tions of  either  husl  and  or  wife  or  in  an  action  for  damages 
against  another  person  for  adultery  committed  by  either 
husband  or  wife. 

2.  Attorney  and  client.  An  attorney  cannot,  without  the 
consent  of  his  client,  be  examined  as  to  any  communication 
made  by  the  client  to  him,  or  his  advice  given  thereon  in  the 
course  of  professional  employment;  nor  can  an  attorney's 
secretary,  stenographer,  or  clerk  be  examined,  without  the 
consent  of  his  employer,  concerning  any  fact  the  knowledge 
of  which  has  been  acquired  in  such  capacity. 

3.  Confessor  and  confessant.  A  clergyman  or  priest  cannot, 
without  the  consent  of  the  person  making  the  confession,  be 
examined  as  to  any  confession  made  to  him  in  his  professional 
character  in  the  course  of  discipline  enjoined  by  the  church 
to  which  he  belongs. 

4.  Physician  and  patient.  A  licensed  physician  or  surgeon 
cannot,  without  the  consent  of  his  patient,  be  examined  in  a 
civil  action  as  to  any  information  acquired  in  attending  the 
patient,  which  was  necessary  to  enable  him  to  prescribe  or 
act  for  the  patient;  provided,  however,  that  after  the  death 
of  the  patient,  the  executor  of  his  will,  or  the  administrator 
of  his  estate,  or  the  surviving  spouse  of  the  deceased,  or,  if 
there  be  no  surviving  spouse,  the  children,  of  the  deceased 
personally,  or,  if  minors,  by  their  guardian,  may  give  such 
consent,  in  any  action  or  proceeding  ])rought  to  recover  dam- 
ages on  account  of  the  death  of  the  patient;  provided,  fur- 
ther, that  where  any  person  brings  an  action  to  recover  dam- 
ages for  personal  in,iuries,  such  action  shall  be  deemed  to 
constitute  a  consent  by  the  person  bringing  such  action  that 
any  physician  who  has  prescribed  for  or  treated  said  person 
and  wliose  testimony  is  material  in  said  action  shall  testify; 
anf]  provided,  further,  that  tlie  bringing  of  an  action,  to  re- 
cover for  the- deal li  of  a  patient,  by  the  executor  of  his  will, 
01-  ])y  tlie   administrator   of    liis  estate,   or  by  the  surviving 


35  CODE  OP  CIVIL  PROCEDURE.  §§  2024-2055 

spouse  of  the  deceased,  or  if  there  be  no  surviving  spouse,  by 
the  children  personally,  or,  if  minors,  by  their  guardian,  shall 
constitute  a  consent  by  such  executor,  administrator,  sur- 
viving spouse,  or  children  or  guardian,  to  the  testimony  of 
any  physician  who. attended  said  deceased. 

5.  Public  officer.  A  public  officer  cannot  be  examined  as  to 
communications  made  to  him  in  official  confidence,  when  the 
public  interest  would  suffer  by  the  disclosure.  [Amendment 
approved  May  26,  1917;  Stats.  1917,  p.  954.] 

§2024.  Deposition  of  witnesses  out  of  state,  how  taken. 
The  deposition  of  a  witness  out  of  this  state  may  be  taken 
upon  a  commission  issued  from  the  court  under  the  seal  of 
the  court,  upon  an  order  of  the  court,  or  a.  judge  or  a  justice 
thereof,  on  the  application  of  either  party,  upon  five  days' 
previous  notice  to  the  other.  If  the  court  is  a  justices'  court, 
the  commission  must  have  attached  to  it  a  certificate  of  the 
clerk'  of  the  superior  court  of  the  county  in  which  such  jus- 
tices' court  is  held,  under  the  seal  of  such  superior  court,  to 
the  effect  that  the  person  issuing  the  same  was  an  acting  jus- 
tice of  the  peace  at  the  date  of  the  commission.  If  issued  to 
any  place  within  the  United  States,  it  may  be  directed  to  a 
person  agreed  upon  by  the  parties,  or  if  they  do  not  agree, 
to  any  notary  public,  judge  or  justice  of  the  peace  or  com- 
missioner selected  by  the  court  or  judge,  or  justice  issuing  it. 
If  issued  to  any  country  out  of  the  United  States,  it  may  be 
directed  to  a  minister,  ambassador,  consul,  vice-consul,  or 
consular  agent  of  the  United  States,  or  judge  of  a  court  of 
record  in  such  country,  or  to  any  person  agreed  upon  by  the 
parties.  [Amendment  approved  May  5,  1917 ;  Stats.  1917, 
p.  280.] 

§2055.  Examination  of  adverse  party.  A  party  to  the 
record  of  any  civil  action  or  proceeding  or  a  person  for  whose 
immediate  benefit  such  action  or  proceeding  is  prosecuted  or 
defended,  or  the  directors,  officers,  superintendent  or  man- 
aging agent  of  any  corporation  which  is  a  party  to  the  record, 
may  be  examined  by  the  adverse  party  as  if  under  cross- 
examination,  subject  to  the  rules  applicable  to  the  examina- 
tion of  other  Avitnesses.  The  party  calling  such  adverse  wit- 
ness shall  not  be  bound  by  his  testimony,  and  the  testimony 
given  by  such  witness  may  be  rebuttel  by  the  party  calling  him 
for  such  examination  by  other  evidence.  Such  witness,  when 
so  called,  may  be  examined  by  his  own  counsel,  but  only  as 
to  the  matters  testified  to  on  such  examination.  [New  sec- 
tion added  April  5,  1917;  Stats.  1917,  p.  58.] 


THE 

CIVIL  CODE 

OF  THE 

STATE  OF  CALIFORNIA. 

AMENDMENTS  OF  1917. 

§  137.  Action  for  permanent  support  of  wife.  When  an 
action  for  divorce  is  pending,  the  court  may,  in  its  discretion, 
require  the  husband  to  pay  as  alimony  any  money  necessary  to 
enable  the  wife  to  support  herself  and  her  children,  or  to  prose- 
cute or  defend  the  action.  When  the  husband  willfully  deserts 
the  wife  or  when  the  husband  willfully  fails  to  provide  for  the 
wife  or  when  the  wife  has  any  cause  of  action  for  divorce  as 
provided  in  section  ninety-two  of  this  code,  she  may,  without 
applying  for  divorce,  maintain  in  the  superior  court  an  action 
against  him  for  permanent  support  and  maintenance  of  herself 
or  of  herself  and  children.  During  the  pendency  of  such  action 
the  court  may,  in  its  discretion,  require  the  husband  to  pay 
as  alimony  any  money  necessary  for  the  prosecution  of  the 
action  and  for  support  and  maintenance,  and  execution  may 
issue  therefor  in  the  discretion  of  the  court.  The  court,  in 
granting  the  wife  permanent  support  and  maintenance  of  her- 
self, or  of  herself' and  children,  in  any  such  action,  shall  make 
the  same  disposition  of  the  community  property  and  of  the 
homestead,  if  any,  as  would  have  been  made  if  the  marriage 
had  been  dissolved  by  the  decree  of  a  court  of  competent  juris- 
diction. The  final  judgment  in  such  action  may  be  enforced 
by  the  court  by  such  order  or  orders  as  in  its  discretion  it  may 
from  time  to  time  deem  necessary,  and  such  order  or  orders 
may  be  varied,  altered,  or  revoked  at  the  discretion  of  the 
court.  [Amendment  approved  April  5,  1917 ;  Stats.  1917, 
p.  35.] 

§  164.  What  is  community  property.  All  other  property 
acquired  after  marriage  by  either  husband  or  wife,  or  both,  in- 
cluding real  property  situated  in  this  state,  and  personal  prop- 
erty wherever  situated,  acquired  while  domiciled  elsewhere, 
which  would  not  have  been  the  separate  property  of  either  if 

(37) 


§§  172, 172a  CIVIL  code.  -        38 

acquired  while  domiciled  in  this  state,  is  community  property ; 
but  wherever  any  property  is  conveyed  to  a  married  woman  by 
an  instrument  in  writing,  the  presumption  is  that  the  title  is 
thereby  vested  in  her  as  her  separate  property.  And  in  case 
the  conveyance  is  to  such  married  woman  and  to  her  husband, 
or  to  her  and  au}^  other  person,  the  presumption  is  that  the 
married  woman  takes  the  part  conveyed  to  her,  as  tenant  in 
common;  unless  a  different  intention  is  expressed  in  the  instru- 
ment, and  the  presumption  in  this  section  mentioned  is  con- 
clusive in  favor  of  a  purchaser  or  encumbrancer  in  good  faith 
and  for  a  valualile  consideration.  And  in  cases  where  married 
women  have  conveyed,  or  shall  hereafter  conve^^,  real  property 
which  they  acquired  prior  to  May  nineteenth,  one  thousand 
eight  hundred  eighty-nine,  the  husband,  or  their  heirs  or 
assigns,  of  such  married  women,  shall  be  barred  from  com- 
mencing or  maintaining  any  action  to  show  that  said  real  prop- 
erty was  community  property,  or  to  recover  said  real  property, 
as  follows :  As  to  conveyances  heretofore  made,  from  and  after 
one  year  from  the  date  of  the  taking  effect  of  this  act ;  and  as 
to  conveyances  hereafter  made,  from  and  after  one  year  from 
the  filing  for  record  in  the  recorder's  office  of  such  conveyances, 
respectively.  [Amendment  approved  May  23,  1917;  Stats. 
1917,  p.  827.] 

§  172.     Management  of  community  personal  property.     The 

husband  has  the  management  and  control  of  the  community 
personal  property,  with  like  absolute  power  of  disposition, 
other  than  testamentary,  as  he  has  of  his  separate  estate; 
provided,  however,  that  he  cannot  make  a  gift  of  such  com- 
munity personal  property,  or  dispose  of  the  same  without  a 
valuable  consideration,  or  sell,  convey,  or  encumber  the  furni- 
ture, furnishings,  or  fittings  of  the  home,  or  the  clothing  or 
wearing  apparel  of  the  wife  or  minor  children  that  is  com- 
munity, without  the  written  consent  of  the  wife.  [Amendment 
approved  IMay  23,  1917;  Stats.  1917,  p.  829.] 

§  172a.  Management  of  community  real  property.  The  hus- 
band has  the  management  and  control  ol'  the  community  real 
I)i-oi)ei'ty,  but  tlu'  wife  must  join_  with  him  in  executing  any 
instrument  by  which  such  community  real  property  or  any 
interest  therein  is  leased  for  a  longer  pci-iod  tiian  one  year,  or 
is  sold,  conveyed,  or  encumbered ;  provided,  however,  that  the 
sole  lease,  contract,  mortgage  or  deed  of  the  husband,  holding 
the  record  title  to  community  real  property,  to  a  lessee,  pur- 
chaser or  encumbrancer,  in  good  faith  without  knowledge  of 


39  CIVIL  CODE.  §  224 

the  marriage  relation  shall  be  presumed  to  be  valid;  but  no 
action  to  avoid  such  instrument  shall  be  commenced  after  the 
expiration  of  one  year  from  the  filing  for  record  of  such  instru- 
ment in  the  recorder's  office  in  the  county  in  which  the  land 
is  situate.  [New  section  added  May  23,  1917;  Stats.  1917, 
p.  829.] 

§  224.  Consent  to  adoption  of  children.  Father  or  mother 
deprived  of  control  of  child.  Father  or  mother  declared  insane. 
Deserted  child.  Child  relinquished  for  purpose  of  adoption. 
Child  in  orphan  asylum.  A  legitimate  child  cannot  be  adopted 
without  the  consent  of  its  parents  if  living,  nor  an  illegitimate 
child  without  the  consent  of  its  mother  if  living,  except  that 
consent  is  not  necessary  in  the  following  eases,  to  wit : 

1.  From  a  father  or  mother  if  deprived  of  civil  rights. 

2.  From  a  father  or  mother  adjudged  guilty  of  adultery  or 
cruelty  and  for  either  cause  divorced. 

3.  From  a  father  or  mother  who  has  been  judicially  deprived 
of  the  custody  and  control  of  such  child  on  the  ground  of 
abandonment,  cruelty,  neglect  or  habitual  intemperance,  either 
by  order  of  the  juvenile  court  declaring  said  child  to  be  free 
from  the  custody  and  control  of  its  parents  as  provided  in  the 
juvenile  court  law  of  the  state  of  California,  approved  June  5, 
1915,  and  any  act  or  acts  superseding  or  amending  same,  or 
by  order  of  the  juvenile  court  of  the  county,  where  such  child 
was  left  in  the  care  and  custody  of  another  by  its  parent  or 
parents,  without  any  j)rovisions  for  its  support,  for  the  period 
of  one  year,  determining  such  child  to  be  an  abandoned  child 
as  defined  in  said  juvenile  court  law ;  provided,  however,  that 
said  juvenile  court  shall  never  make  such  order  of  abandon- 
ment without  first  giving  notice  of  said  abandonment  proceed- 
ing by  personal  service  of  citation  or  other  court  process  on 
the  parent  or  parents  or  person  having  the  custody  of  such 
child  residing  within  the  state,  if  their  residence  is  known,  and 
also  such  other  or  further  notice  to  said  parent  or  parents  or 
person  having  the  custody  of  such  child,  or  other  person  or 
persons  as  the  court  may  require,  or  by  order  of  any  other 
court  of  competent  jurisdiction. 

4.  From  a  father  or  mother  who  has  been  declared  either 
feeble-minded  or  insane  by  the  state  commission  in  lunacy  or 
by  three  competent  persons  appointed  by  said  commission; 
provided,  that  if  so  declared  insane,  said  father  or  mother 
shall  have  subsequently  been  determined  to  be  incurably  insane 
by  the  superior  court  of  the  county  where  he  or  she  resides. 


§  242  CIVIL  CODE.  40 

From  a  father  or  mother  of  any  child  deserted  by  its  parents 
without  provision  for  their  identification. 

From  a  father  or  mother  of  any  child  relinquished  by  its 
parent  or  parents  for  the  purpose  of  adoption  expressed  in 
writing  signed  and  acknowledged  by  such  parent  or  parents 
before  an  officer  authorized  to  take  acknowledgments,  or  signed 
by  such  parent  or  parents  before  two  subscribing  witnesses 
and  acknowledged  by  such  parent  or  parents  before  the  secre- 
tary of  any  organization  or  society  engaged  in  the  work  of 
placing  dependent  or  deserted  children  into  homes  in  this  state, 
which  organization  or  society  has  obtained  a  permit  therefor, 
duly  executed  in  writing,  from  the  state  board  of  charities  and 
corrections,  and  when  a  copy  of  this  relinquishment  shall  have 
been  filed  with  the  state  board  of  charities  and  corrections 
prior  to  the  commencement  of  any  adoption  proceedings  affect- 
ing such  child. 

Any  child,  the  consent  of  whose  parents  is  not  necessary  for 
its  adoption  within  the  meaning  of  this  section  maintained  by 
or  in  the  custody  of  any  orphan  asylum  within  this  state,  any 
charitable  organization  or  society  receiving  state  aid  or  receiv- 
ing commitments  from  the  juvenile  court,  may  be  adopted  with 
the  consent  of  the  president  of  such  orphan  asylum,  charitable 
organization  or  society,  or  with  the  consent  of  such  officer  as 
may  be  authorized  by  the  directors  or  managers  of  such  asylum, 
organization  or  society  to  consent  to  adoption  in  such  cases. 
Any  orphan  child  for  whose  support  no  provision  has  been 
made  by  any  person  for  a  period  of  one  year,  but  who  has  been 
maintained  during  said  year,  by  or  in  the  custody  of  any 
orphan  asylum  within  this  state,  any  charitable  organization 
or  society  receiving  state  aid  or  receiving  commitments  from 
the  juvenile  court  may  be  adopted  with  the  consent  of  the 
president  of  such  orphan  asylum,  charitable  organization  or 
society  or  with  the  consent  of  such  officer  as  may  be  authorized 
by  the  directors  or  managers  of  such  asylum,  organization  or 
societv  to  consent  to  adoption  in  such  cases.  [Amendment  ap- 
proved M;iy  19.  1917;  Stats.  1917,  p.  770.  | 

§  242.  Appointment  by  will  or  deed  of  guardian.  A  guard- 
ian of  the  jK-rson  or  estate,  or  of  both,  of  an  insane  or  incom- 
petent person  may  be  appointed  by  will  or  deed,  to  take  effect 
upon  the  death  of  tlic  person  appointing: 

1.  Tf  llie  insane  or  ineotiqx'tent  person  be  unmarried,  or  be 
a  person  wliose  marriage  has  l)een  annulled  or  dissolved  by 
dentil   or  (livoree.  bv  the    I'alher,  with  the  wi-itten  consent  of 


41  CIVIL  CODE.  §§290a-309 

the  mother,  or  by  either  parent  if  the  other  be  dead  or  incapable 
of  consent. 

2.  If  the  insane  or  incompetent  person  be  married  and  a 
person  whose  marriage  has  not  been  annulled  or  dissolved  by 
divorce,  then  by  the  spouse.  [New  section  added  May  17, 
1917 ;  Stats.  1917,  p.  645..] 

§  290a.     Certificate  of  approval  of  superintendent  of  banks. 

Before  any  corporation,  authorized  in  its  articles  of  incor- 
poration to  conduct  the  business  of  acting  as  executor,  admin- 
istrator, guardian  of  estates,  assignee,  receiver,  depositary,  or 
trustee  under  appointment  of  any  court  or  by  authority  of 
any  law  of  this  state,  or  as  trustee  for  any  purpose  permitted 
by  law,  or  to  engage  in  the  business  of  banking,  or  of  receiv- 
ing the  money  of  others  on  deposit,  may  file  with  the  secretary 
of  state  a  certified  copy  of  its'  articles  of  incorporation,  or  of 
a  certificate  of  extension  of  its  term  of  existence,  or  of  a  cer- 
tificate increasing  or  decreasing  the  number  of  its  directors, 
or  of  a  certificate  increasing  or  decreasing  its  capital  stock, 
or  of  its  amended  articles  of  incorporation,  or  of  its  articles 
of  incorporation  and  consolidation,  there  must  be  attached 
thereto  the  certificate  of  approval  of  the  superintendent  of 
banks ;  provided,  that  this  section  shall  not  apply  to  any  cor- 
poration authorized  to  engage  in  the  business  of  receiving 
and  holding  in  escrow  money  or  its  equivalent,  pending  invest- 
ment in  real  estate  or  securities  for  or  on  account  of  its  prin- 
cipal, or  to  act  as  trustee  under  deeds  of  trust  given  solely  for 
the  purpose  of  securing  obligations  for  the  repayment  of  money 
other  than  corporation  bonds,  nor  shall  such  corporations  be 
subject  to  the  supervision  of  the  superintendent  of  banks. 
[Amendment  approved  May  17,  1917;  Stats.  1917.  p.  621.] 

§  309.  Limitations  on  directors  of  corporations.  Liability. 
Pending  rights  not  affected.  Sec.  1.  Unless  they  shall  have 
been  first  permitted  or  authorized  so  to  do  by  the  comrnissioner 
of  corporations,  directors  of  corporations  must  not  make  divi- 
dends except  from  the  surplus  profits  arising  from  the  business 
thereof;  nor  must  they  create  any  debts  beyond  their  sub- 
scribed capital  stock ;  nor  must  they  divide,  withdraw,  or  pay 
to  the  stockholders,  or  any  of  them,  any  part  of  the  capital 
stock,  except  as  hereinafter  provided,  nor  reduce  or  increase 
the  capital  stock,  except  as  provided  in  section  three  hundred 
fifty-nine  of  this  code.  For  a  violation  of  the  provisions  of 
this  section,  the  directors  under  whose  admiuisti-ation  the  same 
may  have  happened  (except  those  who  may  have  caused  their 


§  321a  CIVIL  CODE.  42 

dissent  therefrom  to  be  entered  at  large  on  the  minutes  of 
the  directors  at  the  time,  or  were  not  present  when  the  same 
did  happen)  are,  in  their  individual  or  private  capacity,  jointly 
and  severally  liable  to  the  corporation,  and  to  the  creditors 
thereof,  to  the  full  amount  of  the  capital  stock  so  divided, 
withdrawn,  paid  out,  or  reduced  or  debt  contracted.  Nothing 
herein  prohibits  a  division  and  distribution  of  the  capital  stock 
of  any  corporation  which  remains  after  the  payment  of  all  its 
debts,  upon  its  dissolution,  or  the  expiration  of  its  term  of 
existence. 

Sec.  2.  No  right,  cause  of  action,  or  liability  now  existing 
or  any  action  or  proceeding  now  pending,  shall  be  affected  by 
this  act  and  such  right,  cause  of  action  or  liability  may  be 
enforced  and  such  action  or  proceeding  may  be  prosecuted  in 
the  same  manner  and  with  the  same  effect  as  if  this  act  had  not 
been  passed;  excepting  only  the  liability  of  a  director  of  a 
corporation  heretofore  incurred  shall  not  exist  in  any  case 
where  all  of  the  debts  and  liabilities  of  the  corporation  to 
creditors  having  been  paid,  the  capital  stock  divided,  with- 
drawn, or  paid  out  constituted  all  of  the  capital  stock  of  the 
corporation  and  the  same  was  paid  out,  withdrawn,  or  divided 
with  the  consent  of  all  of  the  stockholders  to  or  among  them- 
selves. [Amendment  approved  May  18,  1917;  Stats.  1917, 
p.  657.] 

§  321a.  Change  of  principal  place  of  business.  Procedure. 
Every  corporation  that  has  been  or  may  be  created  under  the 
general  laws  of  this  state  may  change  its  principal  place  of 
business  from  one  place  to  another  in  the  same  county,  or  from 
one  city  or  county  to  another  city  or  county  within  this  state. 
Before  such  change  is  made,  the  consent  in  writing,  of  the 
holders  of  two-thirds  of  the  capital  stock  of  the  corporation 
must  I  e  obtained  and  filed  in  its  office;  or  if  the  corporation 
lias  no  capital  stock,  then  the  consent  in  writing  of  two-thirds 
of  the  members  thereof,  must  be  obtained  and  filed  in  its  office. 
When  such  consent  is  obtained  and  filed,  notice  of  the  intended 
removal  or  change  must  be  published,  at  least  once  a  week, 
for  three  successive  weeks,  in  some  newspaper  published  in 
the  county,  wherein  said  principal  place  of  business  is  situ- 
ated, if  there  is  one  published  therein;  if  not,  in  a  newspaper 
of  an  adjoining  county,  giving  the  name  of  the  county  or  city 
wher(!  it  is  situated  and  that  to  Avhich  it  is  intended  to  remove 
if.  Whenever  any  such  change  is  made,  a  copy  of  the  resolu- 
tion or  action  of  the  board  of  directors  authorizing  the  same 
together  with  a  copy  of  an  affidavit  of  the  publication  above 


43  CIVIL  CODE.  §322 

required,  all  duly  fortified  by  the  president  and  secretary  of 
the  corporation  with  the  corporate  seal  affixed  shall  be  filed 
in  each  office  where  the  oriijinal  articles  of  incorporation  are, 
or  any  copy  thereof  is  required  to  be  filed.  This  section  shall 
not  be  construed  to  require  such  consent,  notice  or  publication 
in  the  case  of  any  such  removal  from  one  location  to  another 
in  the  same  city,  town  or  village.  [Amendment  approved 
May  5,  1917;  Stats.  1917,  p.  252.] 

§  322.  Liability  of  stockholders  in  corporations.  Stock- 
holders of  corporations  shall  be  liable  for  the  payment  of  cor- 
porate debts  and  liabilities  as  follows: 

1.  Corporations  not  limited.  Each  stockholder  of  a  cor- 
poration, other  than  a  corporation  hereafter  organized  under  the 
laws  of  this  state  which  shall  adopt  and  use  as  the  last  word  of 
its  corporate  name  the  w^ord  "Limited,"  or  its  abbreviation. 
"Ltd.,"  is  individually  and  personally  liable  for  such  propor- 
tion of  all  its  debts  and  liabilities  contracted  or  incurred  during 
the  time  he  was  a  stockholder  as  the  amount  of  stock  or  shares 
owned  by  him  at  the  time  the  debt  or.  liability  was  incurred  bears 
to  the  whole  of  the  subscribed  capital  stock  or  shares  of  the  cor- 
poration ;  and  such  liability  is  not  released  by  any  subsequent 
transfer  of  stock.  If  any  stockholder  pays  his  proportion  of  any 
debt  due  from  the  corporation,  incurred  while  he  was  such  stock- 
holder, he  is  relieved  from  any  further  personal  liability  for  such 
debt ;  and  if  aji  action  has  been  brought  against  him  upon  such 
debt,  it  must  be  dismissed  as  to  him  upon  his  paying  the  costs  or 
such  proportion  thereof  as  may  be  properly  chargeable  against 
him. 

2.  Corporation  w^ithout  capital  stock.  In  a  corporation 
having  no  capital  stock,  each  member  is  individually  and  per- 
sonally liable  foi'  an  equal  share  of  its  debts  and  liabilities. 

3.  "Limited"  corporation.  In  a  corporation  hereafter  or- 
ganized under  the  laws  of  this  state,  having  a  capital  stock,  and 
which  shall  adopt  and  use  as  the  last  word  of  its  corporate  name, 
the  word  "Limited,"  or  its  abbreviation,  "Ltd.,"  if  its  sub- 
scribed and  issued  shares  liave  not  been  fully  paid,  in  money 
paid,  labor  done,  or  property  actually  received  by  the  corpora- 
tion, and  the  capital  paid  in  shall  be  insufficient  to  satisfy  its 
debts  and  obligations,  each  stockholder  shall  be  liable  to  the 
creditors  of  the  corporation  for  an  amount  equal  to  that  not  paid 
up  on  the  shares  held  by  him,  or  such  proportion  of  that  sum  as 
shall  be  required  to  satisfy  such  debts  and  obligations ;  provided, 


§  322  CIVIL  CODE.  44 

that  no  judgment  upon  such  liability  shall  be  satisfied  out  of  the 
property  of  such  stockholder  until  judgment  upon  the  debt  or 
obligation  upon  which  such  liability  is  founded  shall  have  been 
first  entered  against  the  corporation,  and  an  execution  thereon 
shall  have  been  returned  unsatisfied  in  whole  or  in  part ;  and  the 
enforcement  of  any  judgment  against  the  stockholder,  and  of 
any  execution  levied  thereunder,  shall  be  stayed  until  such  return 
shall  have  been  made.  Any  stockholder  in  such  corporation 
who  shall  pay  any  debt  or  obligation  for  w^hich  he  is  made 
liable  by  the  provisions  of  this  subdivision  of  this  section,  may 
recover  the  amount  so  paid  in  an  action  against  the  corpora- 
tion, in  which  action  only  the  property  of  the  corporation  shall 
be  taken  in  satisfaction  of  any  judgment  obtained  therein, 
and  not  the  property  of  any  stockholder.  Any  amount  so  paid 
by  such  stockholder,  and  not  repaid  to  him  by  the  corporation 
or  recovered  in  such  action,  shall  be  considered  as  having  been 
paid  on  his  shares. 

4.  Foreign  corporation.  Joint  or  several  actions  by  cred- 
itor. Application  of  "stockholder"  and  "member."  Trust 
funds.  The  liability  of  each  stockholder  of  a  corporation 
formed  under  the  laws  of  any  other  state  or  territory  of  the 
United  States,  or  of  any  foreign  country,  and  doing  business 
within  this  state,  is  the  same  as  the  liability  of  a  stockholder 
of  a  corporation  created  under  the  constitution  and  law^s  of 
this  state. 

Any  creditor  of  a  corporation  may  commence  joint  or  sev- 
eral actions  against  any  of  its  stockholders  or  members  for  the 
amount  or  proportion  of  his  claim  payable  by  each ;  and  in 
such  action  the  court  must  ascertain  the  amount  or  the  pro- 
portion of  the  claim  or  debt  for  which  each  defendant  is  liable, 
and  a  several  judgment  must  be  rendered  against  each,  in 
conformity  therewith.  The  terms  "stockholder"  and  "mem- 
ber," as  used  in  this  section,  applies  not  only  to  such  persons 
as  appear  by  the  l.ooks  of  the  corporation  to  be  such,  but 
also  to  every  equitable  owner  of  stock  or  of  a  membership, 
although  the  same  appears  on  the  books  in  the  name  of  an- 
other; and  also  to  every  person  who  has  advanced  the  install- 
ments or  purchase  money  of  stock  or  a  membership  in  the 
name  of  a  minor,  so  long  as  the  latter  remains  a  minor;  and 
also  to  every  gunrdian,  or  other  trustee,  who  voluntarily  in- 
vests nny  trust  funds  in  the  stock  or  membership.  Trust 
funds  in  the  hnnds  of  a  guardian,  or  trustee,  are  not  liable 
imder  the  provisions  of  this  section  by  reason  of  any  such 
investment;  nor  must  the  person  for  whose  benefit  the  invest- 


45  CIVIL  CODE.  §§  361-377 

ment  is  made  be  responsible  in  respect  to  the  stock  until  he 
becomes  competent  and  able  to  control  the  same ;  but  the 
responsibility  of  the  guardian  or  trustee  making  the  invest- 
ment continues  until  that  period.  Stock  held  as  collateral 
security,  or  by  a  trustee,  or  in  any  other  representative  capa- 
city, does  not  make  the  holder  thereof  a  stockholder  within  the 
meaning  of  this  section,  except  in  the  cases  above  mentioned, 
so  as  to  charge  him  with  any  proportion  of  the  debts  or  lia- 
bilities of  the  corporation ;  but  the  pledgor,  or  person  or  estate 
represented,  is  to  be  deemed  the  stockholder,  as  respects  such 
liability. 

The  act  amending  §  322  of  the  Civil  Code  also  contained  the 
following  provision. 

§  2;.  In  effect  when.  This  act  shall  take  effect  and  be 
in  force  upon  the  approval 'and  ratification  by  the  people  of 
an  amendment  to  section  three  of  article  twelve  of  the  consti- 
tution of  this  state  submitted  by  the  forty-second  session  of 
the  legislature  to  the  people ;  and  if  such  amendment  so  sub- 
mitted shall  not  be  so  approved  and  ratified,  this  act  shall 
thereafter  be  void.  [Amendment  approved  May  21,  1917; 
Stats.  1917,  p.  786.] 

§  361.  Changing:  number  of  directors  of  corporations.  Any 
corporation  or  association  may  increase  or  diminish  the  num- 
ber of  its  directors  or  trustees  by  the  vote  or  written  assent 
of  stockholders  representing  a  majority  of  its  subscribed  cap- 
ital stock,  or,  if  it  has  no  capital  stock,  by  the  vote  or  written 
assent  of  a  majority  of  the  members.  A  certificate  over  the 
corporate  seal,  setting  forth  the  action  taken  by  the  stock- 
holders, or  members,  and  stating  the  new  number  of  directors, 
shall  be  signed  by  the  president  and  secretary  of  such  corpo- 
ration or  association,  and  filed  in  the  office  of  the  county  clerk 
of  the  county  where  its  original  articles  of  incorporation  were 
filed,  and  a  copy  of  said  certificate,  certified  by  such  county 
clerk,  shall  be  filed  in  the  office  of  the  secretary  of  state,  where- 
upon the  number  of  directors  or  trustees  shall  be  changed  as 
stated  in  said  certificate.  This  section  shall  apply  to  all  cor- 
porations existing  under  the  laws  of  the  state  of  California, 
whether  organized  and  incorporated  prior  to  the  enactment 
of  this  code,  or  subsequent  thereto.  [Amendment  approved 
May  10,  1917;  Stats.  1917,  p.  327.] 

§377.  Records  required  to  be  kept  by  corporations.  All 
corporations  for  profit  are  required  to  keep  a  record  of  all 


§§  378-400  civm  code.  46 

their  business  transactions;  a  journal  of  all  meetings  of  their 
directors,  members,  or  stockholders,  with  the  time  and  place 
of  holding  the  same,  whether  regular  or  special,  and  if  special, 
its  object,  how  authorized,  and  the  notice  thereof  given.  The 
record  must  embrace  every  act  done  or  ordered  to  be  done; 
who  were  present,  and  who  absent ;  and,  if  requested  by  any 
director,  member,  or  stockholder,  the  time  shall  be  noted  when 
he  entered  the  meeting  or  obtained  leave  of  absence  therefrom. 
On  a  similar  request,  the  ayes  and  noes  must  be  taken  on  any 
proposition,  and  a  record  thereof  made.  On  similar  request, 
the  protest  of  am^  director,  member,  or  stockholder,  to  any 
action  or  proposed  action,  must  be  entered  in  full.  Such 
records  shall  be  open  to  the  inspection  of  any  legislative  com- 
mittee, board,  commission,  or  officer  of  the  state  of  California 
whose  duty  it  is  to  inspect  or  examine  the  same,  and  of  any 
director,  member,  or  bona  fide  stockholder  thereof;  provided, 
however,  the  board  of  directors  may,  by  unanimous  vote,  deny 
such  examination  or  inspection  to  a  stockholder  who  demands 
the  same  with  intent  to  use  to  the  injury  of  the  corporation 
the  information  to  be  acquired  thereby,  and  a  satisfactory 
showing  of  such  intent  shall  be  a  complete  defense  to  any 
action  or  proceeding  brought  by  any  such  person  to  compel  the 
officers  of  any  such  corporation  to  submit  any  of  such  records 
for  his  inspection  or  examination.  [Amendment  approved 
May  31,  1917 ;  Stats.  1917,  p.  1407.] 

§  378.  Stock  and  transfer  tooks.  In  addition  to  the  records 
required  to  be  kept  by  the  preceding  section,  corporations  for 
profit  must  keep  a  book,  to  be  known  as  the  "stock  and  trans- 
fer book,"  in  which  must  be  kept  a  record  of  all  stock;  the 
names  of  the  stockholders  or  members,  alphabetically  arranged ; 
installments  paid  or  unpaid ;  assessments  levied  and  paid  or  un- 
paid ;  a  statement  of  every  alienation,  sale,  or  transfer  of  stock 
made,  the  date  thereof,  and  by  and  to  whom ;  and  all  such  other 
records  as  the  by-laws  prescribe.  Corporations  for  religious 
and  benevolent  purposes  must  provide  in  their  by-laws  for  such 
records  to  be  kept  as  may  be  necessary.  Such  stock  and  trans- 
fer book  shall  be  open  to  the  inspection  of  any  officer,  bona  tide 
stockhuUler,  member,  or  creditor  of  the  corporation.  [Amend- 
ment approved  May  31,  1917;  Stats.  1917.  p.  1407.] 

§  400.  Directors  of  corporation  are  trustees  of  creditors. 
Unless  other  persons  are  appointed  by  the  court,  the  directors 
or  managers  of  the  affairs  of  a  corporation  at  the  time  of  its 
dissolution  are  trustees  of  the  creditors  and  stockholders  or 


47  CIVIL  CODE.  §§405-421 

members  of  the  corporation  dissolved,  and  have  full  powers  to 
settle  the  affairs  of  the  corporation,  collect  and  pay  outstand- 
ing debts,  sell  the  assets  thereof  in  such  manner  as  thecourt 
shall  direct,  and  distribute  the  proceeds  of  such" sales  aiTd  alF 
other  assets'  to  the  stockholders.  Such  trustees  shall  have 
authority  to  sue  for  and  recover  the  debts  and  property  of  the 
corporation,  and  shall  be  jointly  and  severally  personally  liable 
to  its  creditors  and  stockholders  or  members,  to  the  extent  of 
its  property  and  effects  that  shall  come  into  their  hands. 
Death,  resignation  or  failure  or  inability  to  act  shall  consti- 
tute a  vacancy  in  the  position  of  trustee,  which  vacancy  shall 
be  filled  by  appointment  by  the  superior  court  upon  petition 
of  any  person  or  creditor  interested  in  the  property  of  such 
corporation.  Such  trustees  may  be  sued  in  any  court  in  this 
state  by  any  person  having  a  claim  against  such  corporation 
or  its  property.  Trustees  of  corporations  heretofore  dissolved 
or  whose  charters  have  heretofore  been  forfeited  by  law  shall 
have  and  discharge  in  the  same  manner  and  under  the  same 
obligations,  all  the  powers  and  duties  herein  prescribed. 
Vacancies  in  the  office  of  trustees  of  such  corporations  shall 
be  filled  as  hereinbefore  provided.  [Amendment  approved 
May  11,  1917 ;  Stats.  1917,'  p.  380.] 

§  405.  Designation  of  person  upon  whom  process  may  be 
served.  Service  on  secretary  of  state,  when  valid.  [Repealed 
1917;  stats.  1917,  p.  381.] 

§  406.  Foreign  corporations,  statute  of  limitations  in  favor 
of.     Proof   of    corporate    existence.     Change    of    designation. 

[Repealed  1917;  Stats.  1917,  p.  381.] 

§  408.  Foreign  corporations  to  file  certified  copies  of  articles 
of  incorporation.      [Repealed  1917;  Stats.  1917,  p.  381.] 

§  409.  Foreign  corporations,  fees  to  be  paid  by  on  filing 
certified  copies  of  articles  of  incorporation.  [Repealed  1917 ; 
Stats.  1917,  p.  381.] 

§  410.     Foreign  corporations  failing  to   comply  with  law. 

[Repealed  1917;  Stats.  1917,  p.  381.] 

§  421.  Legal  investments  of  insurance  companies.  Corpo- 
rations organized  under  the  laws  of  this  state  for  the  trans- 
action of  any  kind  of  insurance  business  authorized  by  such 
laws  may  invest  their  capital,  surplus  and  accumulations  in 


§  421  CIVIL   CODE.  48 

the  purchase  of,  or  loans  upon  any  of  the  securities  specified 
in  subdivisions  one  to  five  inclusive  of  this  section. 

1.  U.  S.  bonds.  Bonds  or  interest-bearing  notes  or  obliga- 
tions of  the  United  States  or  those  for  which  the  faith  and 
credit  of  the  United  States  are  pledged  for  the  payment  of 
principal  and  interest. 

2.  State  bonds.  Bonds  of  this  state  or  those  for  v^hich  the 
faith  and  credit  of  the  state  of  California  are  pledged  for  the 
payment  of  principal  and  interest  and  bonds  of  any  other  state 
in  the  United  States  that  has  not,  within  five  years  next  pre- 
ceding such  investment  by  such  insurance  company,  defaulted 
in  payment  of  any  part  of  either  principal  or  interest  due  upon 
any  legally  authorized  bond  issue. 

3.  County,  etc.,  bonds.  Bonds  or  interest-bearing  notes  or 
obligations  issued  under  authority  of  law  by  any  county,  mu- 
nicipality or  school  district  in  this  state,  or  in  any  other  state 
or  territory  of  the  United  States;  provided,  that  said  county, 
municipality  or  school  district  or  the  state  or  territory  in  which 
it  is  located  has  not,  within  two  years  next  preceding  such  in- 
vestment by  such  insurance  company,  defaulted  in  payment  of 
any  part  of  either  principal  or  interest  due  upon  any  legally 
authorized  bond  issue. 

4.  Road  division,  etc.,  bonds.  Bonds  of  any  permanent  road 
division  in  this  state,  and  any  irrigation  district  bonds  which 
the  law  may  now  or  hereafter  authorize  as  legal  investments 
for  insurance  companies;  provided,  that  the  total  amount  of 
bonds  issued  by  any  such  irrigation  district  does  not  exceed 
sixty  per  centum  of  the  aggregate  market  value  of  the  lands 
within  such  district,  and  of  the  water,  water  rights,  canals, 
reservoirs,  reservoir  sites  and  irrigation  works  owned  or  to  be 
acquired  or  constructed  with  the  proceeds  of  any  such  bonds, 
by  such  district,  such  facts  in  reference  to  bonds  of  irrigation 
districts  to  be  determined  by  a  commission  now  or  hereafter 
authorized  by  law  to  ascertain  and  report  upon  such  facts. 

5.  First  mortgage  notes,  (a)  Notes  or  bonds  secured  by 
first  mortgage  or  deed  of  trust  or  other  first  lien  upon  real 
estate,  improved  or  unimproved ;  provided,  that  the  principal 
so  loaned  or  the  entire  note  or  bond  issue  so  secured  shall  not 
exceed  sixty  per  centum  of  the  market  value  of  such  real 
estate,  or  of  such  real  estate  with  improvements  taken  as 
s(;curity  at  the  date  of  investment;  provided,  also,  in  case  said 
loan  is  made,  or  said  note  or  l)ond  issue;  created  for  a  building 
loaji  oji  real  estate,  tliat  at  jio  time  sliall  the  principal  so  loaned 


49  CIVIL  cooE.  §  421 

or  the  entire  outstanding  note  or  bond  issue  exceed  sixty  per 
centum  of  the  market  value  of  the  real  estate  and  the  actual 
cost  of  the  improvements  thereon  taken  as  security;  or 

(b)  Notes  g-uaranteed   by   policy   of   mortgage   insurance. 

Notes  or  bonds  secured  by  mortgage  or  deed  of  trust,  pay- 
ment of  v^^hich  is  guaranteed  by  a  policy  of  mortgage  insur- 
ance, and  mortgage  participation  certificates,  issued  by  a  mort- 
gage insurance  company  in  accordance  with  the  provisions  of 
chapter  eight  of  title  two  of  part  four  of  division  first  of  the 
Civil  Code ;  provided,  that  no  insurance  corporation  shall  make 
any  investment  in  any  of  the  seeuritie"s  specified  in  subdi- 
visions one,  two,  three,  four  and  five  of  this  section  in  an 
amount  exceeding  the  market  value  of  such  security,  at  the 
date  of  such  investment. 

6.  Investment  of  balance  of  capital.    Record  of  investment. 

Corporations  organized  for  and  engaged  in  the  business  of  fire, 
life  or  marine  insurance,  may,  after  the  investment  of  two  hun- 
dred thousand  dollars,  and  corporations  organized  for  and 
engaged  in  the  business  of  transacting  any  other  kind  of  in- 
surance authorized  by  law,  except  mortgage  insurance,  may 
also,  after  the  investment  of  one  hundred  thousand  dollars  in 
any  of  the  securities  specified  in  subdivisions  one,  two,  three, 
four  and  five  of  this  section,  invest  the  balance  of  their  capital, 
surplus  and  any  accumulations  in  the  purchase  of  or  loans  upon 
the  stock  of  any  corporation  (except  a  mining  corporation) 
organized  and  carrying  on  business  under  the  laws  of  this 
state,  or  the  laws  of  the  United  States,  which  stocks  have,  at 
the  date  of  such  investment,  a  market  value  of  not  less  than 
their  paid-in  value,  or  in  the  purchase  of,  or  loans  upon, 
interest-bearing  bonds  issued  by  a  corporation  organized  under 
the  laws  of  any  state  or  territory  in  the  United  States,  which 
corporation  has  not,  within  five  years  next  preceding  the  date 
of  such  investment,  defaulted  in  payment  of  any  part  of  either 
principal  or  interest  of  any  bond  of  the  issue  of  which  the 
bonds  which  comprise  such  investment  form  a  part,  and  which 
stocks  or  bonds  must,  in  each  case,  be  rated  as  first-class  securi- 
ties ;  provided,  that  any  investment  made,  under  the  provisions 
of  this  subdivision  of  this  section  shall  be  approved  by  vote  of 
two-thirds  of  all  the  directors  of  the  investing  corporation. 
Such  approval  shall  be  entered  upon  the  records  or  minutes 
of  such  corporation.  Such  entry  must  show  the  fact  of  mak- 
ing such  investment,  the  amount  thereof,  the  name  of  each 
director  voting  to  approve  the  same,  the  amount,  character 
and  value  of  the  security  purchased  or  taken  as  collateral, 
4 


§  453e  CIVIL  CODE.  50 

and  if  the  investment  be  a  loan,  the  name  of  the  borrower, 
the  rate  of  interest  thereon,  and  the  date  when  the  loan  will 
become  due  or  payable.  It  shall  be  the  duty  of  the  secretary 
of  any  such  investing  corporation  to  report  in  writing  during 
the  months  of  January  and  July  of  each  year  to  the  insurance 
commissioner,  the  data  above  set  forth  respecting  each  such 
investment,  and  the  insurance  commissioner  may,  if  any  such 
investment  is  not  approved  by  him,  require  the  corporation  to 
sell  or  dispose  of  the  same. 

.  7.  Policy  loans.  Life  insurance  companies  may  also  loan 
upon  their  own  policies ;  provided,  that  the  amount  so  loaned 
upon  each  policy  shall  not  exceed  the  reserve  against  said 
policy  at  the  time  said  loan  is  made ;  provided,  further,  that 
no  policy  loans  whatever  shall  ever  be  used  as  security  which 
may  be  deposited  with  the  insurance  commissioner  under  sec- 
tion six  hundred  thirty-four  of  the  Political  Code ;  and  pro- 
vided, further,  that  whenever  any  such  loan  in  any  amount  is 
made  on  a  policy  registered  with  the  insurance  commissioner 
under  said  section  six  hundred  thirty-four  of  the  Political 
Code,  such  registration  shall  be  forthwith  canceled. 

8.  Securities  issued  in  foreign  country.  Any  insurance  com- 
pany of  this  state  doing  business  in  any  foreign  country  may 
invest  so  much  of  its  funds  as  are  required  to  meet  its 
obligation  incurred  in  such  foreign  country  and  in  conformity 
to  the  laws  thereof,  in  the  same  kind  of  securities  issued  in 
such  foreign  country  that  such  company  is  by  law  allowed  to 
invest  in  this  state,  and  subject  to  the  limitations  imposed  by 
law  in  this  state.  [Amendment  approved  May  28,  1917 ;  Stats. 
1917,  p.  976.] 

§  453e.  Corporations  for  insurance  on  assessment  plan. 
Investment  in  bonds.  Certificate  of  insurance  commissioner. 
Corporations  may  be  formed  to  carry  on,  the  business  of 
mutual  insurance  upon  the  assessment  plan,  and  are  subject 
only  to  the  provisions  of  this  chapter.  No  such  corporation 
may  issue  contracts  of  insurance  until  at  least  five  hundred 
persons  have  applied,  in  writing,  to  the  insurance  commis- 
sioner, for  membership  or  insurance  therein,  and  have  paid 
to  the  treasurer  of  such  corporation  the  sum  of  twenty-five 
thousand  dolhirs.  This  sum  must  be  invested  in  bonds  or 
securities,  approved  by  the  insurance  commissioner  of  this 
state,  or  deposited  in  some  bank  in  this  state  where  it  will 
(i-dvn  interest.  Said  bonds  or  securities,  or  evidence  of  such 
deposit,  must  be  placed,  through  the  insurance  commissioner 


51  CIVIL   CODE.  §  594 

of  this  state,  with  the  state  treasurer,  and  the  principal  sum 
must  be  held  in  trust  for  the  contract  holders  of  such  corpora- 
tion, with  the  right  in  the  corporation  to  exchange  said  bonds, 
securities,  or  evidence  of  bank  deposit  for  others  of  like  value. 
Such  corporation  must  also,  as  a  condition  precedent  to  issu- 
ing any  contracts  of  insurance,  obtain  the  written  certificate 
of  the  insurance  commissioner  that  it  has  complied  with  the 
requirements  of  this  chapter ;  and  that  the  name  of  the  corpo- 
ration is  not  the  same  as  that  of  any  other  corporation  of  this 
or  other  states,  as  indicated  by  the  insurance  department  re- 
ports in  his  office ;  nor  must  the  commissioner  approve  any 
name  or  title  so  closely  resembling  another  as  to  mislead  the 
public.  No  corporation  formed  hereunder  has  legal  existence 
after  one  year  from  the  date  of  its  articles,  unless  its  organiza- 
tion has  been  completed  and  business  commenced ;  nor  shall 
any  corporation  or  individual  solicit,  or  cause  to  be  solicited, 
any  business,  until  such  corporation  has  complied  with  the  pro- 
visions of  section  six  hundred  thirty-three  of  the  Political 
Code.  Nothing  contained  in  this  chapter  shall  be  construed 
to  exempt  any  corporation  from  the  provisions  of  sections  two 
hundred  ninety-six  and  two  hundred  ninety-nine  of  this  code. 
[Amendment  approved  May  26,  1917;  Stats.  1917,  p.  955.] 

§  594.  Incorporation  of  associations  having  no  fixed  place 
of  business.  Any  association  of  this  state  mentioned  in  title 
twelve  of  part  four  of  division  first  of  the  Civil  Code  made  up 
of  constituent  or  member  clubs,  or  other  subordinate  bodies, 
having  a  common  periodical  or  occasional  convention  or  other 
general  assemblage  whether  of  members  or  delegates,  and 
operating  on  the  federation  plan,  whether  state,  district  or 
otherwise,  or  having  no  fixed  meeting  place  for  such  assem- 
blages, or  having  no  fixed  office  or  principal  place  of  business 
in  any  one  county  or  city  and  county  or  for  the  meetings  of 
its  agencies  or  committees  or  officers,  and  which  association 
determines  such-  place  or  places  from  time  to  time  through-  its 
agencies  and  according  to  its  rules  and  customs,  may  incor- 
porate under  the  provisions  of  said  title  for  purposes  other 
than  profit  and  vvdthout  capital  stock.  The  articles  of  incor- 
poration upon  there  being  therein  stated  any  of  the  matters 
hereinabove  mentioned  inconsistent  with  any  part  or  parts  of 
section  two  hundred  ninety  of  the  Civil  Code  need  not  make, 
as  to  such  inconsistent  matters,  the  statements  required  by 
said  section;  but  such  articles  shall  be  governed  otherwise  by 
said  section  and  the  rules  of  section  six  hundred  three  of  said 
code  as  it  now  stands,  except  that  the  same  officers  who  acted 


§  604a  CIVIL  CODE.  52 

as  such  at  the  meeting  authorizing  the  incorporation  shall  be 
the  ones  to  execute  the  articles  and  that  the  word  incorpora- 
tion is  to  be  deemed  substituted  for  the  word  authority  where 
the  latter  is  used  in  said  section;  and  provided,  further,  that 
it  shall  be  immaterial  whether  such  authorization  is  made  after 
or  before  this  section  goes  into  effect  if  the  proceedings  show 
it  to  have  been  made  in  view  thereof;  and,  further,  that  such 
articles  of  incorporation,  shall  set  forth  a  means  whereby  its 
office  and  constitutional  principal  place  of  business,  which 
must  be  in  this  state,  as  it  exists  from  time  to  time,  may  be 
ascertained ;  or  must  state  that  same  shall  be  provided  by  con- 
stitution or  by-law;  and,  until  such  provision  is  otherwise 
made,  said  place  shall  be  the  place  of  business,  or  if  none  such 
the  residence,  from  time  to  time,  in  this  state  of  the  chief 
executive  officer  of  the  corporation.  [New  section  added  May 
23,  1917;  Stats.  1917,  p.  830.] 

§  604a.     Formation    of    religious    corporations.     Directors. 
Attesting  of  certificate  of  incorporation.     Powers.     For  the 

administration  of  the  temporalities,  and  for  the  management 
of  the  property  and  estate  of  any  church,  diocese,  synod,  or 
district  or  other  organization  of  such  church,  or  for  the  admin- 
istration of  the  temporalities,  and  for  the  management  of  the 
property  and  estate  of  any  religious  society  or  order,  commu- 
nity, or  other  organization  of  said  religious  society  or  order, 
any  church,  diocese,  synod  or  other  organization  of  such 
church,  or  any  community  or  other  council,  or  other  organiza- 
tion of  any  such  religious  society  or  order,  or  of  any  commu- 
nity or  other  organization  of  such  religious  society  or  order, 
may  elect  directors  and  become  an  incorporation  in  the  manner 
prescribed  in  this  title,  and  with  all  the  powers  and  duties  and 
for  the  uses  and  purposes  in  this  title  provided  for  benevolent 
or  religious  incorporations,  and  subject  to  all  the  limitations 
and  provisions  in  said  title  prescribed,  except  as  otherwise  pro- 
vided ill  this  section;  provided,  that  dii-ectors- of  any  such  in- 
corporation may  be  elected  and  by-laws  for  its  government 
may  be  made  and  amended  in  accordance  with  the  constitu- 
tion, by-laws,  discipline,  rules  and  regulations  of  such  church, 
diocese,  synod,  or  district  or  other  organization  of  such  church, 
or  in  accordance  with  the  constitution,  by-laws,  discipline, 
ruk^s  and  regulations  of  such  religious  society  or  order,  or  of 
a)iy  coirirriunity,  or  other  organization  of  such  r(digious  society 
or  order,  at  any  meeting;  and  provided,  the  certificate  of  in- 
(•()rj)oration  and  of  the  election  of  dire(!tors  to  be;  tiled  shall 
be  sufficiently  attested  by  the  signatures  of  the  presiding  offi- 


53  CIVIL  CODE.  §§  63a-715 

cer,  president,  or  other  head,  and  acting  secretary  of  such 
church,  diocese,  synod,  or  other  organization  of  such  church, 
or  of  the  community  or  other  council  or  other  organization 
of  such  society  or  order,  and  that  the  limitations  of  section  five 
hundred  ninety-five  shall  not  apply  to  such  corporations  here- 
tofore organized  or  formed,  or  hereafter  organized  under  this 
section  when  land  is  held  or  used  for  churches,  hospitals, 
schools,  colleges,  asylums,  or  parsonages.  Every  such  corpo- 
ration heretofore  organized  or  formed,  or  hereafter  organized 
pursuant  to  the  provisions  of  this  section  shall  have  power  to 
contract  in  the  same  manner  and  to  the  same  extent  as  a 
natural  person,  and  may  sue  and  be  sued,  and  may  defend  in 
all  courts  and  places  in  all  matters  and  proceedings  whatso- 
ever and  shall  have  authority  to  borrow  money,  give  promis- 
sory notes  therefor,  and  secure  the  payment  thereof  by  mort- 
gage or  other  lien  upon  property  real  or  personal,  and  may 
buy,  sell,  lease,  mortgage  and  deal  in  real  and  personal  prop- 
erty in  the  same  manner  that  a  natural  person  may,  subject, 
however,  to  the  provisions  of  section  five  hundred  ninety-eight 
of  this  code ;  and  may  receive  bequests  and  devises  for  its  own 
use,  or  upon  trusts,  to  the  same  extent  as  a  natural  person,  sub- 
ject, however,  to  the  provisions  of  section  one  thousand  three 
hundred  thirteen  of  the  Civil  Code  of  the  State  of  California 
and  may  appoint  attorneys  in  fact.  [Amendment  approved 
May  21,  1917;  Stats.  1917,  p.  784.] 

§  638.  Security  for  loans.  Interest.  For  every  loan  made 
a  note  or  obligation,  expressing  and  setting  forth  the  exact 
rate  of  interest,  must  be  executed  by  the  borrower,  secured 
by  a  first  mortgage  or  deed  of  trust  upon  unencumbered  real 
estate  having  an  appraised  value  of  not  less  than  twenty-five 
per  cent  in  excess  of  the  face  of  the  loan,  except  such  loans  as 
may  be  made  upon  the  security  of  bonds  specified  in  section 
six  hundred  forty-seven;  or  in  lieu  of  a  mortgage  or  deed  of 
trust,  loans  to  the  extent  of  not  exceeding  ninety  per  cent  of 
the  then  withdrawable  value,  may  be  made  upon  the  pledge 
of  free  shares  or  certificates  as  security  for  their  repayment. 
The  board  of  directors  may  from  time  to  time  fix  the  rate  of 
interest  to  be  charged  on  loans.  A  borrower  may  at  any  time 
repay  his  loan  together  with  interest  or  arrears  due  thereon 
and  upon  the  surrender  of  the  shares,  or  certificate  pledged  as 
security  therefor.  [Amendment  approved  May  19,  1917 ;  Stats. 
1917,  p.  780.] 

§715.  Restraints  upon  alienation.  Except  in  the  single 
case  mentioned  in  section  seven  hundred  seventy-two,  the  abso- 


§§  718-1313  CIVIL  CODE.  54 

lute  power  of  alienation  cannot  be  suspended,  by  any  limita- 
tion or  condition  whatever,  for  a  lon^rer  period  than  as  follows: 

1.  Durino-  the  continnance  of  the  lives  of  persons  in  being 
at  the  creation  of  the  limitation  or  condition ;  or 

2.  For  a  period  not  to  exceed  twenty-five  years  from  the 
time  of  the  creation  of  the  suspension.  [Amendment  approved 
May  18.  1917;  Stats.  1917,  p.  699.] 

§  718.  Period  of  lease  of  city  lots.  ProT)erty  of  minor  or 
incompetent.  Tide-lands.  Purposes  for  which  tide-lands  may 
be  leased.  No  lease  or  o^rant  of  any  town  or  citv  lot  for  a 
lonGfer  period  than  ninety-nine  years,  in  which  shall  be  re- 
served any  rent  or  service  of  any"  kind,  shall  be  valid;  pro- 
vided, that  the  property  of  any  municipality,  or  any  minor  or 
incompetent  person,  shall  not  be  leased  for  a  loncrer  period 
than  ten  years,  excepting  that  the  sewer  farm  of  a  municipality 
and  all  waters  and  sewage  used  or  discharged  thereon  may 
be  leased  for  a  period  not  exceeding  twenty-five  years ;  and 
excepting  that  the  tide-lands  and  submersed  lands  granted  to 
any  city  by  the  state,  or  any  lands  belonging  to  such  city 
adjacent  to  such  tide-lands  and  submerged  lands,  may  be 
leased  for  a  period  not  exceeding  forty  years  if  the  grant  from 
the  state  of  California  of  the  use  of  said  tide-lands  and  sub- 
merged lands  does  not  provide  specifically  for  a  term  of  years 
for  which  said  lands  may  be  leased.  Said  tide-lands  and  sub- 
merged lands  and  lands  ad.iacent  thereto  can  only  be  leased 
for  industrial  uses,  the  purpose  of  improvement  and  develop- 
ment of  the  harbor  of  said  city,  and  the  construction  and 
maintenance  of  wharves,  docks,  piers  or  bulkhead  piers  or  for 
other  public  uses  and  purposes  consistent  with  the  require- 
ments of  commerce  or  navigation  at  said  harbor.  [Amend- 
ment approved  May  21,  1917;  Stats.  1917.  p.  798.] 

§  1313.  Restrictions  on  devises  or  bequests  for  charitable 
uses.  Bequests  to  state  excepted.  No  estate,  real  or  personal, 
shall  be  l)('(iueathcd  or  devised  to  any  charitable  or  benevo- 
lent society  or  corporation,  or  to  any  person  or  persons  in  trust 
for  charitable  uses,  except  the  same  be  done  by  will  duly  exe- 
cuted at  least  thirty  days  before  the  decease  of  the  testator; 
and  if  so  made  at  least  tliivty  days  prior  to  such  death,  such 
devise  or  legacy  and  each  of  them  shall  be  valid;  provided, 
that  no  such  devise  or  bequest  shall  collectively  exceed  one- 
third  of  the  estate  of  the  testator,  leaving  legal  heirs,  and  in 
such  cas(;  a.  pro  rata  deduction  from  such  devises  or  bequests 
shall  be  made  so  as  to  reduce  the  aggregate  thereof  to  one- 


55  CIVIL  CODE.  §§  1405-1861a 

third  of  such  estate;  and  all  dispositions  of  i^roperty  made 
contrary  hereto  shall  be  void,  and  go  to  the  residuary  legatee 
or  devisee,  next  of  kin,  or  heirs,  according  to  law ;  and  pro- 
vided, further,  that  bequests  and  devises  to  the  state,  or  to  any 
state  institution,  or  for  the  use  or  benefit  of  the  state  or  any 
state  institution,  are  excepted  from  the  restrictions  of  this  sec- 
tion.    [Amendment  approved  May  5,  1917 ;  Stats.  1917,  p.  272.] 

§  1405.  Escheat  property.  Recovery.  Whenever  any  per- 
son dies  leaving  any  property  in  this  state  not  disposed  of  by 
will,  and  there  are  no  persons  entitled  to  succeed  thereto  under 
the  laws  of  this  state,  the  same  shall  escheat  to  the  state  as  of 
the  date  of  the  death  of  the  decedent.  The  property  or  pro- 
ceeds of  any  estate  deposited  in  the  state  treasury  after  final 
decree  of  distribution  or  judgment  of  the  superior  court  by 
reason  of  the  failure  of  heirs  to  make  claim  thereto  may  be 
recovered  upon  judgment  of  the  superior  court  or  order  of  the 
state  board  of  control  as  provided  in  the  Code  of  Civil  Pro- 
cedure. [Amendment  approved  May  5,  1917 ;  Stats.  1917, 
p.  255.] 

§  1861a.     Liens  of  keepers  of  furnished  apartment  houses. 

Keepers  of  furnished  apartment  houses  shall  have  a  lien  upon 
the  baggage  and  other  property  of  value  belonging  to  their 
tenants  or  guests,  which  may  be  in  such  furnished  apartment 
house,  for  the  proper  charges  due  from  such  tenants  or  guests, 
for  their  accommodation,  rent,  services,  meals,  and  such  extras 
as  are  furnished  at  their  request,  and  for  all  moneys  expended 
for  them,  at  their  request,  and  for  the  costs  of  enforcing  such 
lien,  with  the  right  to  the  possession  of  such  baggage  and  other 
property  of  value  until  such  charges  are  paid,  and  such  moneys 
are  repaid;  and  unless  such  charges  shall  be  paid  and  unless 
such  moneys  shall  le  repaid  within  sixty  days  from  the  time 
when  such  charges  and  moneys,  respectively,  become  due,  said 
keeper  of  a  furnished  apartment  house  may  sell  said  baggage 
and  property,  at  public  auction  to  the  highest  bidder,  after 
giving  notice  of  such  sale  by  publication  of  a  notice  contain- 
ing the  name  of  the  debtor,  the  amount  due,  a  brief  descrip- 
tion of  the  property  to  be  sold,  and  the  time  and  place  of  such 
sale,  once  every  week,  for  four  successive  weeks,  prior  to  the 
date  of  sale,  in.  a  newspaper  of  general  circulation  in  the 
county  in  which  said  furnished  apartment  house  is  situated, 
and  also  by  mailing,  at  least  fifteen  days  prior  to  the  date  of 
sale,  a  copy  of  such  notice  addressed  to  such  tenant  or  guest 
at  his  postoffice  address,  if  known,  and  if  not  known,  such 


§§  2767-2924  civil  code.  56 

notice  shall  be  addressed  to  such  tenant  or  guest  at  the  place 
where  such  furnished  apartment  house  is  situated ;  and,  after 
satisfying  such  lien  out  of  the  proceeds  of  such  sale,  together 
with  any  reasonable  costs  that  may  have  been  incurred  in 
enforcing  said  lien,  the  residue  of  said  proceeds  of  sale,  if  any, 
shall,  upon  demand  made  within  six  months  after  such  sale, 
be  paid  by  said  keeper  of  a  furnished  apartment  house  to  such 
tenant  or  guest ;  and  if  not  demanded  within  six  months  from 
the  date  of  such  sale,  said  residue,  if  any.  shall  be  paid  into 
the  treasury  of  the  county  in  which  such  sale  took  place ;  and 
if  the  same  be  not  claimed  by  the  owner  thereof,  or  his  legal 
representative,  within  one  year  thereafter,  it  shall  be  paid  into 
the  general  fund  of  the  county;  and  such  sale  shall  be  a  per- 
petual bar  to  any  action  against  said  keeper  of  a  furnished 
apartment  house  for  the  recovery  of  such  baggage  or  prop- 
erty, or  of  the  value  thereof,  or  for  any  damages  growing  out 
of  the  failure  of  such  tenant  or  guest  to  receive  such  baggage 
or  propertv.  [New  section  added  June  1,  1917;  Stats.  1917, 
p.  1662.] 

§  2767.     Disposition  by  beneficiary  of  interest  in  installment. 

The  beneficiary  under  a  policy  of  life  insurance,  providing  for 
the  payment  of  the  proceeds  thereof  in  periodical  installments, 
may  be  restrained  from  disposing  of  or  encumbering  his  in- 
terest in  any  such  installment,  prior  to  the  date  when  it  shall 
become  due  and  payalde  by  the  insurer,  by  a  condition  or  stipu- 
lation in  the  policy.  [New  section  added  May  29.  1917;  Stats. 
1917,  p.  1314.] 

§  2924.  Transfer,  when  mortgage,  when  pledge.  Power  of 
sale  to  be  exercised  when.  Every  transfer  of  an  interest  in 
property,  other  than  in  trust,  made  only  as  a  security  for  the 
performance  of  another  act,  is  to  he  deemed  a  mortgage,  except 
when  in  the  case  of  personal  property  it  is  accompanied  by 
actual  change  of  possession,  in  which  case  it  is  to  be  deemed  a 
pledge. 

Where,  by  a  mortgage  hereafter  created,  of  any  estate  in 
real  property,  otlier  than  an  estate  at  Avill  or  for  years,  less 
than  two,  or  in  any  transfer  in  trust  hereafter  made  of  a  like 
estate  to  secure  the  perfoi-manee  of  an  obligation,  a  power  of 
sale  is  conferred  upon  the  mortgagee,  trustee,  or  any  other 
person,  to  be  exercised  after  a  breach  of  the  obligation  for 
which  such  mortgage  or  transfer  is  a  security,  such  power 
shall  not  be  exercised  (except  where  such  mortgage  or  trans- 
fer is  made  pursuant  to  an  order,  judgment,  or  decree  of  a 
court  of  record,  or  to  secure  the  payment  of  bonds  or  other 


57  CIVIL  CODE.  §  2924 

evidences  of  indebtedness  authorized  or  permitted  to  be  issued 
by  the  commissioner  of  corporations,  or  is  made  by  a  public 
utility  subject  to  the  provisions  of  the  public  utilities  act), 
until,  (a)  the  mortgagee  or  beneficiary  shall  first  record,  in 
the  office  of  the  recorder  of  the  county  wherein  the  mortgaged 
or  trust  property  or  some  part  thereof  is  situated,  a  notice  of 
such  breach  and  of  his  election  to  sell  or  cause  to  be  sold  such 
property  to  satisfy  the  obligation;  (b)  not  less  than  three 
months  shall  thereafter  elapse;  and  (c)  the  mortgagee,  trus- 
tee or  other  person  authorized  to  make  the  sale  shall  give 
notice  of  the  time  and  place  thereof,  in  the  manner  and  for  a 
time  not  less  than  that  required  by  law  for  sales  of  real  prop- 
erty upon  execution.  [Amendment  approved  May  10,  1917 ; 
Stats.  1917,  p.  300.] 


§  3082  CIVIL  CODE,  5s 

TITLE  XV. 

Negotiable  Instruments. 

Chapter  I.  Negotiable  Instruments  in  General,  §§  3082-3206. 

II.  Bills  of  Exchange,  §§  3207-3264. 

III.  Promissory  Notes  and  Checks,  §§  3265-3265e. 

IV.  General  Provisions,  §§  3266-3266d. 

CHAPTER  I.      . 

Negotiable  Instruments  in  General. 

Article  I.  Form  and  Interpretation,  §§  30S2-3104. 

II.  Consideration,  §§  3105-3110. 

III.  Negotiation,  §§  3111-3131. 

IV.  Eights  of  the   Holder,  §§  3132-3140. 
V.  Liabilities  of  Parties,  §§  3141-3150. 

VI.     Presentment  for  Payment,  §§  3151-3169. 

VII.  Notice  of  Dishonor,  §§  3170-3199. 

VIII.  Discharge  of  Negotiable  Instruments,  §§  3200-3206. 

ARTICLE  L 

Form  and  Interpretation. 

§  3082.  Form  of  negotiable  instrument. 

§3083.  Certainty  as  to  sum;  what  constitutes. 

§  3084.  When  promise  is  unconditional. 

§  3085.  Determinable  future  time,  what  constitutes. 

§  3086.  Additional  provisions  not  affecting  negotiability. 

§  3087.  Omissions;  seal;  particular  money. 

§  3088.  When  payable  on  demand. 

§  3089.  When  payable  to  order. 

§  3090.  When  payable  to  bearer. 

•    §  3091.  Terms  when  sufficient. 

§  3092.  Date,  presumption  as  to. 

§  3093.  Antedated  and  postdated. 

§  3094.  When  date  may  be  inserted. 

§  3095.  Blanks;  when  may  be  filled. 

§  3096.  Incomplete  instrument  not  delivered. 

§3097.  Delivery;  where  effectual;  when  presumed. 

§  3098.  Construction  where  instrument  is  ambiguous. 

§  3099.  Jjiability  of  person  signing  in  trade  or  assumed  name. 

§  3100.  Signature  by  agent;  authority;  how  shown. 

§  3101.  Liability  of  person  signing  as  agent,  etc. 

§3102.  Signature  by  procuration;  effect  of. 

§  3103.  Effect  of  indorsement  by  infant  or  corporation. 

§  3104.  Forged  signature;  effect  of. 

§  3082.     Requirements    for   negotiable   instrument.     An   in- 

sli-iuiifiit    to    1)0    no<;()tialil('    must    conform    to    the    following 
requirements: 

(1)   It   must   be   in    writinu'    and    sl.u'ned   by    the    maker    or 
drawer ; 


59     .  CIVIL  CODE.  §§  3083-3085 

(2)  Must  contain  an  unconditional  promise  or  order  to  pay 
a  sum  certain  in  money ; 

(3)  Must  be  payable  on  demand,  or  at  a  fixed  or  determin- 
able future  time ; 

(4)  Must  be  payable  to  order  or  to  bearer;  aud 

(5)  Where  the  instrument  is  addressed  to  a  drawee,  he 
must  be  named  or  otherwise  indicated  therein  with  reasonable 
certainty. 

Note.— All  of  Title  XV  of  Part  IV  of  Division  Third  of  the  Civil  Code, 
containing  Sections  3086  to  3262,  inclusive,  and  relating  to  negotiable  in- 
struments, vi'as  repealed  bj^  an  act  approved  June  1,  1917  (Stats.  1917, 
p.  1533),  and  a  new  Title  XV  was  adopted  in  its  place.  The  new  title 
adopted  is  what  is  known  as  the  Uniform  Negotiable  Instruments  Law. 
Crawford,  in  his  work  on  the  Annotated  Negotiable  Instruments  Law, 
treats  this  law  fully. 

§  3083.  Sum  payable  certain.  The  sum  payable  is  a  sum 
certain  within  the  meaning  of  this  act,  although  it  is  to  be 
paid — 

(1)  With  interest;  or 

(2)  By  stated  installments ;  or 

(3)  By  stated  installments,  with  a  provision  that  upon 
default  in  payment  of  any  installment  or  of  interest,  the  whole 
shall  become  due ;  or 

(4)  With  exchange,  whether  at  a  fixed  rate  or  at  the  current 
rate;  or 

(5)  With  costs  of  collection  or  an  attorney's  fee,  in  case  pay- 
ment shall  not  be  made  at  maturity. 

See  note  to  §  3082. 

§  3(384.  Unqualified  promise  unconditional.  An  unquali- 
fied order  or  promise  to  pay  is  unconditional  within  the  mean- 
ing of  this  act,  though  coupled  with — 

(1)  An  indication  of  a  particular  fund  out  of  which  reim- 
bursement is  to  be  made,  or  a  particular  account  to  be  debited 
with  the  amount;  or 

(2)  A  statement  of  the' transaction  which  gives  rise  to  the 
instrument.  But  an  order  or  promise  to  pay  out  of  a  par- 
ticular fund  is  not  unconditional. 

See  note  to  §  3082. 

§  3085.  Time  for  payment.  An  instrument  is  payable  at  a 
determinable  future  time,  within  the  meaning  of  this  act,  which 
is  expressed  to  be  payable — 

(1)  At  a  fixed  period  after  date  or  sight;  or 

(2)  On  or  before  a  fixed  or  determinable  future  time  speci- 
fied therein;  or 


§§3086-308S  CIVIL  code.  ^60 

(3)  On  or  at  a  fixed  period  after  the  occurrence  of  a  speci- 
fied event,  which  is  certain  to  happen,  though  the  time  of 
happening  be  uncertain. 

An  instrument  payable  upon  a  contingency  is  not  negotiable, 
and  the  happening  of  the  event  does  not  cure  the  defect. 
See  note  to  §  3082. 

§  3086.  Non-negotiable  instrument.  An  instrument  which 
contains  an  order  or  promise  to  do  any  act  in  addition  to  the 
payment  of  money  is  not  negotiable.  But  the  negotiable  char- 
acter of  an  instrument  otherwise  negotiable  is  not  affected  by 
a  provision  which — 

(1)  Authorizes  the  sale  of  collateral  securities  in  case  the 
instrument  be  not  paid  at  maturity ;  or 

(2)  Authorizes  a  confession  of  judgment  if  the  instrument 
be  not  paid  at  maturity ;  or 

(3)  Waives  the  benefit  of  any  law  intended  for  the  advan- 
tage or  protection  of  the  obligor ;  or 

(4)  Gives  the  holder  an  election  to  require  something  to  be 
done  in  lieu  of  payment  of  money. 

But  nothing  in  this  section  shall  validate  any  provision  or 
stipulation  otherwise  illegal. 
See  note  to  §  3082. 

§  3087.  Negotiability  not  affected.  The  validity  and  nego- 
tiable character  of  an  instrument  are  not  affected  by  the  fact 
that — 

(1)  It  is  not  dated;  or 

(2)  Does  not  specify  the  value  given,  or  that  any  value  has 
been  given  therefor;  or 

(3)  Does  not  specify  the  place  where  it  is  drawji  or  the  place 
where  it  is  payable ;  or 

(4)  Bears  a  seal;  or 

(5)  Designates  a  particular  kind  of  current  money  in  which 
payment  is  to  be  made. 

But  nothing  in  this  section  shall  alter  or  repeal  any  statute 
requiring  in  certain  cases  the  nature  of  the  consideration  to 
be  stated  in  the  instrument. 

Sec  note  to  §  3082. 

§3088.  Payable  on  demand.  An  instmmont  is  payable  on 
demand- — 

CI)  Where  it  is  expressed  to  hv  payable  on  demand,  or  at 
sight,  or  on  presentation;  or 

(2)   Tn  wbicli  no  tiiiie  for  paymont  is  expressed. 


61  CIVIL  CODE.  §§  3089-3092 

"Where  an  instrument  is  issued,  accepted,  or  indorsed  when 
overdue,  it  is,  as  regards  the  person  so  issuing,  accepting,  or 
indorsing  it,  payable  on  demand. 

See  note  to  §  3082. 

§3089.  Payable  to  order.  The  instrument  is  payable  to 
order  where  it  is  drawn  payable  to  the  order  of  a  specified 
person  or  to  him  or  his  order.  It  may  be  drawn  payable  to 
the  order  of — 

(1)  A  payee  who  is  not  maker,  drawer,  or  drawee;  or 

(2)  The  drawer  or  maker;  or 

(3)  The  drawee;  or 

(4)  Two  or  more  payees  jointly;  or 

(5)  One  or  some  of  several  payees;  or 

(6)  The  holder  of  an  office  for  the  time  being. 

Where  the  instrument  is  payable  to  order  the  payee  must 
be  named  or  otherwise  indicated  therein  with  reasonable 
certainty. 

See  note  to  §  3082. 

§  3090.  Payable  to  bearer.  The  instrument  is  payable  to 
bearer — 

(1)  When  it  is  expressed  to  be  so  payable;  or 

(2)  When  it  is  payable  to  a  person  named  therein  or 
bearer;  or 

(3)  When  it  is  payable  to  the  order  of  a  fictitious  or  non- 
existing  person,  and  such  fact  was  known  to  the  person  mak- 
ing it  so  payable ;  or 

(4)  When  the  name  of  the  payee  does  not  purport  to  be 
the  name  of  any  person ;  or 

(5)  When  the  only  or  last  indorsement  is  an  indorsement 
in  blank. 

See  note  to  §  3082. 

§  3091.  Langnage  of  instrument.  The  instrument  need  not 
follow  the  language  of  this  act,  but  any  terms  are  sufficient 
which  clearly  indicate  an  intention  to  conform  to  the  require- 
ments hereof. 

See  note  to  §  3082. 

§3092.     True   date.     Where  the  instrument   or   an  accept- 
ance of  any  indorsement  thereon  is  dated,  such  date  is  deemed 
prima  facie  to  be  the  true  date  of  the  making,  drawing,  accept- 
ance, or  indorsement  as  the  case  may  be. 
See  note  to  §  3082. 


§§3093-3097  civil  code.  62 

§  3093.  Ante  or  post  dating.  The  instrument  is  not  invalid 
for  the  reason  only  that  it  is  antedated  or  postdated,  provided 
this  is  not  done  for  an  illegal  or  fraudulent  purpose.  The  per- 
son to  whom  an  instrument  so  dated  is  delivered  acquires  the 
title  thereto  as  of  the  date  of  delivery. 
See  note  to  §  3082. 

§  3094.  Instrument  undated.  Where  an  instrument  ex- 
pressed to  be  payable  at  a  fixed  period  after  date  is  issued 
undated,  or  where  the  acceptance  of  an  instrument  payable  at 
a  fixed  period  after  sight  is  undated,  any  holder  may  insert 
therein  the  true  date  or  issue  or  acceptance,  and  the  instrument 
shall  be  payable  accordingly.  The  insertion  of  a  wrong  date 
does  not  avoid  the  instrument  in  the  hands  of  a  subsequent 
holder  in  due  course ;  but  as  to  him,  the  date  so  inserted  is  to 
be  regarded  as  the  true  date. 
See  note  to  §  3082. 

§  3095.  Filling  up  blanks.  Where  the  instrument  is  want- 
ing in  any  material  particular,  the  person  in  possession  thereof 
has  a  prima  facie  authority  to  complete  it  by  filling  up  the 
blanks  therein.  And  a  signature  on  a  blank  paper  delivered 
by  the  person  making  the  signature  in  order  that  the  paper 
may  be  converted  into  a  negotiable  instrument  operates  as  a 
prima  facie  authority  to  fill  it  up  as  such  for  any  amount.  In 
order,  however,  that  any  such  instrument  when  completed  may 
be  enforced  against  any  person  who  became  a  party  thereto 
prior  to  its  completion,  it  must  be  filled  up  strictly  in  accord- 
ance with  the  authority  given  and  within  a  reasonable  time. 
But  if  any  such  instrument,  after  completion,  is  negotiated  to 
a  holder  in  due  course,  it  is  valid  and  effectual  for  all  purposes 
in  his  hands,  and  he  may  enforce  it  as  if  it  had  been  filled  up 
strictly  in  accordance  with  the  authority  given  and  within  a 
reasonable  time. 

See  note  to  §  3082. 

§  3096.  Incomplete  instrument  not  delivered.  Whore  an  in- 
complete instrument  has  not  been  delivered  it  will  not,  if  com- 
pleted and  negotiated,  without  authority,  be  a  valid  contract 
in  the  hands  of  any  holder,  as  against  any  person  whose  signa- 
ture was  placed  thereon  before  delivery. 
Sec  note  to  §  r!082. 

§  3097.  Delivery  necessary.  Every  contract  on  a  negoti- 
able inslruuicnl  is  ineomplete  and  revocable  until  delivery  of 
the  instrument  for  the  purpose  of  giving  effect  thereto.     As 


63  CIVIL  CODE.  -  §§  3098, 3099 

between  immediate  parties,  and  as  regards  a  remote  party 
other  than  a  holder  in  due  course,  the  delivery,  in  order  to  be 
effectual,  must  be  made  either  by  or  under  the  authority  of 
the  party  making,  drawing,  accepting  or  indorsing,  as  the  case 
may  be;  and  in  such  case  the  delivery  may  be  shown  to  have 
been  conditional,  or  for  a  special  purpose  only,  and  not  for 
the  purpose  of  transferring  the  property  in  the  instrument. 
But  where  the  instrument  is  in  the  hands  of  a  holder  in  due 
course,  a  valid  delivery  thereof  by  all  parties  prior  to  him  so 
as  to  make  them  liable  to  him  is  conclusively  presumed.  And 
where  the  instrument  is  no  longer  in  the  possession  of  a  party 
whose  signature  appears  thereon,  a  valid  and  intentional 
delivery  by  him  is  presumed  until  the  contrary  is  proved. 
See  note  to  §  30S2. 

§  3098.  Rules  of  construction.  "Where  the  language  of  the 
instrument  is  ambiguous  or  there  are  omissions  therein,  the 
following  rules  of  construction  apply: 

(1)  Where  the  sum  payable  is  expressed  in  words  and  also 
in  figures  and  there  is  a  discrepancy  between  the  two,  the  sum 
denoted  by  the  words  is  the  sum  payable;  but  if  the  words  are 
ambiguous  or  uncertain,  reference  may  be  had  to  the  figures 
to  fix  the  amount; 

(2)  Where  the  instrument  provides  for  the  payment  of  in- 
terest, without  specifying  the  date  from  which  interest  is  to 
run,  the  interest  runs  from  the  date  of  the  instrument,  and  if 
the  instrument  is  undated,  from  the  issue  thereof; 

(3)  Where  the  instrument  is  not  dated,  it  will  be  considered 
to  be  dated  as  of  the  time  it  was  issued ; 

(4)  Where  there  is  a  conflict  between  the  written  and 
printed  provisions  of  the  instrument,  the  written  provisions 
prevail ; 

(5)  Where  the  instrument  is  so  ambiguous  that  there  is 
doubt  whether  it  is  a  bill  or  note,  the  holder  may  treat  it  as 
either  at  his  election; 

(6)  Where  a  signature  is  so  placed  upon  the  instrument  that 
it  is  not  clear  in  what  capacity  the  person  making  the  same 
intended  to  sign,  he  is  to  be  deemed  an  indorser ; 

(7)  Where  an  instrument  containing  the  words  "I  promise 
to  pay"  is  signed  by  two  or  more  persons,  they  are  deemed  to 
be  jointly  and  severally  liable  thereon. 

See  note  to  §  3082. 

§  3099.  Liability  on  instrument.  No  person  is  liable  on  the 
instrument  whose  signature  does  not  appear  thereon,  except 
as  herein  otherwise  expressly  provided.     But  one  who  signs 


§§  3100-3104  -       CIVIL  CODE.  64 

in  a  trade  or  assumed  name  will  be  liable  to  the  same  extent 
as  if  he  had  signed  in  his  own  name. 

See  note  to  §  3082. 

§  3100.     Signature  by  agent.     The  signature  of  any  party 
may  be  made  by  a  duly  authorized  agent.     No  particular  form 
of  appointment  is  necessary  for  this  purpose ;  and  the  authority 
of  the  agent  may  be  established  as  in  other  cases  of  agency. 
See  note  to  §  3082. 

§  3101.  Liability  of  agent.  Where  the  instrument  contains 
or  a  person  adds  to  his  signature  words  indicating  that  he  signs 
for  or  on  behalf  of  a  principal,  or  in  a  representative  capacity, 
he  is  not  liable  on  the  instrument  if  he  was  duly  authorized; 
but  the  mere  addition  of  words  describing  him  as  an  agent, 
or  as  filling  a  representative  character,  without  disclosing  his 
principal,  does  not  exempt  him  from  personal  liability. 
See  note  to  §  3082. 

§  3102.  Signature  by  "procuration. ' '  A  signature  by  "pro- 
curation" operates  as  notice  that  the  agent  has  but  a  limited 
authority  to  sign,  and  the  principal  is  bound  only  in  case  the 
agent  in  so  signing  acted  within  the  actual  limits  of  his 
authority. 

See  note  to  §  3082. 

§  3103.  Indorsement  by  corporation  or  infant.  The  indorse- 
ment or  assignment  of  the  instrument  by  a  corporation  or  by 
an  infant  passes  the  property  therein,  notwithstanding  that 
from  want  of  capacity  the  corporation  or  infant  may  incur  no 
liability  thereon. 
See  note  to  §  3082. 

§  3104.  Forged  signature.  When  a  signature  is  forged  or 
made  without  the  authority  of  the  person  whose  signature  it 
purports  to  be,  it  is  wholly  inoperative,  and  no  right  to  retain 
the  instrument,  or  to  give  a  discharge  therefor,  or  to  enforce 
payment  thereof  against  any  party  thereto,  can  be  acquired 
through  or  under  such  signature,  unless  the  party,  against 
whom  it  is  sought  to  enforce  such  right,  is  precluded  from  set- 
ting up  the  forgery  or  want  of  authority. 
See  note  to  §  3082. 


65  .  civn.  CODE.  §§  3105-3110 

ARTICLE  ir. 
Consideration. 

§  3105.      Presuiiiptioii   of  coiisidci'iitioii. 

§  3106.     Considoratioii,  what  coiistitutos. 

§  3107.     Wliat  constitutes  holder  for  value. 

§  31()S.      When  lien  on  instrument  eonstitute.s  li()l<ler  for  value. 

§  3109.     Efi'ect  of  want  of  consideration. 

§  3110.     Liability  of  acconunodation  party. 

§  3105.     Presumption    of    consideration.     Every    neuol  iable 
instrument  is  deemed  j)rima  faeie  to  have  been  issued  for  a 
valuable  consideration ;  and  every  pei'son  whose  signature  ap- 
pears thereon  to  have  become  a  party  thereto  for  value. 
See  n'ote  to  §  30S2. 

§  3106.  Consideration,  what  constitutes.  Value  is  any  con- 
sideration sufficient  to  support  a  simple  contract.  An  ante- 
cedent or  pre-existing  debt  constitutes  value ;  and  is  deemed 
such  whether  the  instrument  is  payable  on  demand  or  at  a 
future  time. 

See  nioto  to  §  30S2. 

§  3107.  Holder  for  value.  Where  value  has  at  any  time 
been  given  for  the  instrument,  the  holder  is  deemed  a  holder 
for  value  in  respect  to  all  parties  who  l^ecome  such  prior  to 
that  time. 

•See  note  to  §  3082. 

§3108.  Lien  on  instrument.  Where  the  holder  has  a  lien 
on  the  instrument,  arising  either  from  contract  or  by  implica- 
tion of  law,  he  is  deemed  a  holder  for  value  to  the  extent  of 
his  lien. 

See  note  to  §  3082. 

§  3109.  Effect  of  want  of  consideration.  Absence  or  failure 
of  consideration  is  matter  of  defense  as  against  any  person  not 
a  holder  in  due  course ;  and  partial  failure  of  consideration  is 
a  defense  pro  tanto,  whether  the  failure  is  an  ascertained  and 
liquidated  amount  or  otherwise. 
See  note  to  §  3082. 

§  3110.  Liability  of  accommodation  party.  An  accommoda- 
tion party  is  one  who  has  signed  the  instrument  as  maker, 
drawer,  acceptor,  or  indorser,  without  receiving  value  there- 
for, and  for  the  purpose  of  lending-  his  name  to  some  other 
person.     Such  a  person  is  liable  on  the  instrument  to  a  holder 

•      5 


§§  3111-3113  CIVIL  CODE,  66 

for  value,  notwithstanding  such  holder  at  the  time  of  taking 
the  instrument  knew  him  to  be  only  an  accommodation  party. 
See  note  to  §  3082. 

ARTICLE  III. 
Negotiation. 

§  3111.  What  constitutes  negotiation. 

§  3112.  Indorsement;  how  made. 

§  3113.  Indorsement  must  be  of  entire  instrument. 

§  3114.  Kinds  of  indorsement. 

§  3115.  Special  indorsement. 

§  3116.  Blank  indorsement;  how  changed  to  special  indorsement. 

§  3ll7.  When  indorsement  restrictive. 

§  3118.  Effect  of  restricting  indorsement;  rights  of  indorsee. 

§  3119.  Qualified  indorsement. 

§  3120.  Conditional  indorsement. 

§  3121.  Indorsement  of  instrument  payable  to  bearer. 

§  3122.  Indorsement  where  payable  to  two  or  more  persons. 

§  3123.  Effect  of  instrument  drawn  or  indorsed  to  a  person  as  cashier. 

§  3124.  Indorsement  where  name  is  misspelled,  etc. 

§  3125.  Indorsement  in  representative  capacity. 

§  3126.  Time  of  indorsement;  presumption. 

§  3127.  Place  of  indorsement;  presumption. 

§  3128.  Continuation  of  negotiable  character. 

§  3129.  Striking  out  indorsement. 

§  3130.  Transfer  without  indorsement;  effect  of. 

§  3131.  When  prior  party  may  negotiate  instrument. 

§  3111.  Negotiation.  An  instrument  is  negotiated  when  it 
is  transferred  from  one  person  to  another  in  such  manner  as 
to  constitute  the  transferee  the  holder  thereof.  If  payable  to 
bearer  it  is  negotiated  by  delivery;  if  payable  to  order  it  is 
negotiated  by  the  indorsement  of  the  holder  completed  by 
delivery. 

See  note  to  §  3082. 

§3112.     Indorsement.     The  indorsement  must  be  written  on 
the  instrument  itself  or  upon  a  paper  attached  thereto.     The 
signature  of  the  indorser,  without  additional  words,  is  a  suffi- 
cient indorsement. 
See  note  to  §  3082. 

§  3113.  Indorsement  of  entire  instrument.  The  indorse- 
ment must  be  an  indorsement  of  the  entire  instrument.  An 
indorsement  which  purports  to  transfer  to  the  indorsee  a  part 
only  of  the  amount  payable,  or  which  purports  to  transfer  the 
instrument  to  two  or  more  indorsees  severally,  does  not  oper- 
ate as  a  negotiation  of  tbe  instrument.  But  where  the  in- 
strument has  been  paid  in  pnrt,  it  may  be  indorsed  as  to  the 
residue. 

See  note  to  §  3082. 


67  CIVIL  CODE.  §§  3114-3119 

§  3114.  Kinds  of  indorsement.  An  indorsement  may  be 
either  special  or  in  blank ;  and  it  may  also  be  either  restrictive 
or  qualified,  or  conditional. 

See  mote  to  §  3082. 

§  3115.  Special  indorsement.  A  special  indorsement  speci- 
fies the  person  to  whom,  or  to  whose  order,  the  instrument  is 
to  be  payable ;  and  the  indorsement  of  such  indorsee  is  neces- 
sary to  the  further  negotiation  of  the  instrument.  An  indorse- 
ment in  blank  specifies  no  indorsee,  and  an  instrument  so  in- 
dorsed is  payable  to  bearer,  and  may  be  negotiated  by  delivery. 
See  mote  to  §  3082. 

§  3116.  Blank  indorsement,  how  changed  to  special  indorse- 
ment. The  holder  may  convert  a  l)lank  indorsement  into  a  spe- 
cial indorsement  by  writing  over  the  signature  of  the  indorser 
in  blank  any  contract  consistent  with  the  character  of  the 
indorsement. 

See  mote  to  §  3082. 

§  3117.  Indorsement  restrictive.  An  indorsement  is  restric- 
tive, which  either — • 

(1)  Prohibits  the  further  negotiation  of  the  instrument;  or 

(2)  Constitutes  the  indorsee  the  agent  of  the  indorser;  or 

(3)  Vests  the  title  in  the  indorsee  in  trust  for  or  to  the  use 
of  some  other  person. 

But  the  mere  absence  of  words  implying  power  to  negotiate 
does  not  make  an  indorsement  restrictive. 
See  mote  to  §  3082. 

§  3118.  Rights  conferred.  A  restrictive  indorsement  con- 
fers upon  the  indorsee  the  right^ — 

(1)  To  receive  payment  of  the  instrument; 

(2)  To  bring  any  action  thereon  that  the  indorser  could 
bring; 

(3)  To  transfer  his  rights  as  such  indorsee,  where  the  form 
of  the  indorsement  authorizes  him  to  do  so. 

But  all  subsequent  indorsees  acquire  only  the  title  of  the 
first  indorsee  under  the  restrictive  indorsement. 
See  mote  to  §  3082. 

§  3119.  Qualified  indorsement.  A  qualified  indorsement 
constitutes  the  indorser  a  mere  assignor  of  the  title  to  the  in- 
strument. It  may  be  made  by  adding  to  the  indorser 's  signa- 
ture the  words  "without  recourse"  or  any  words  of  similar 


§§  3120-3126  CIVIL  CODE.  68 

import.     Such  an  indorsenieiit  does  not  impair  the  negotiable 
character  of  the  instrument. 

See  note  to  §  30S2. 

§  3120.  Conditional  indorsement.  Where  an  indorsement  is 
conditional,  a  party  required  to  pay  the  instrument  may  dis- 
regard the  condition,  and  mal^e  payment  to  the  indorsee  or  his 
transferee,  whether  the  condition  has  been  fulfilled  or  not. 
But  any  person  to  whom  an  instrument  so  indorsed  is  nego- 
tiated, will  hold  the  same,  or  the  proceeds  thereof,  subject  to 
the  rights  of  the  person  indorsing  conditionally. 
See  note  to  §  30S2. 

§  3121.  Payable  to  bearer.  AVhere  an  instrument,  payable 
to  bearer,  is  indorsed  specially  it  may  nevertheless  be  further 
negotiated  by  delivery;  but  the  person  indorsing  specially  is 
liable  as  indorser  to  only  such  holders  as  make  title  through 
his  indorsement. 

See  note  to  §  30S2. 

§  3122.     Payable  to  two  or  more  persons.     Where  an  instru- 
ment is  payable  to  the  order  of  two  or  more  payees  or  indorsees 
Avho  are  not  partners,  all  must  indorse,  unless  the  one  indorsing 
has  authority  to  indorse  for  the  others. 
See  note  to  §  3082. 

§  3123.  Indorsed  to  person  as  "cashier."  Where  an  instru- 
ment is  drawn  or  indorsed  to  person  as  "cashier"  or  other 
fiscal  ofBcer  of  a  bank  or  corporation,  it  is  deemed  prima  facie 
to  be  payable  to  the  bank  or  corporation  of  which  he  is  such 
ofScer;  and  may  be  negotiated  by  either  the  indorsement  of 
the  bank  or  corporation,  or  the  indorsement  of  the  oi^cer. 

Sec  note  to  §  30S2. 

§3124.  Name  misspelled.  Where  the  name  of  a  payee  or 
iii(h)rse(!  is  wrongly  designated  or  misspeHed,  he  may  indorse 
the  instrument  as  therein  described,  adding,  if  he  think  fit, 
his  proper  signature. 

See  note  to  §  :'.0S'2. 

§  3125.  In  representative  capacity.  Where  any  person  is 
uiidci-  obligafion  to  iii(b)is("  in  a  representative  ca])acity,  he 
may  indorse  in  sucli  tci'itis  as  lo  ncuative  [x'rsonal  liability. 

Sec  note  to  §  .".0S2. 

§3126.  Time  of  indorsement.  Kxi-epl  wbcic  uu  indorse- 
iiinif    bfiirs  (bite  aFtfi'  tbf   iii;il  iirif  v   of  llic   iiist  fiiiiient,  every 


69  CIVIL  CODE.  §§  3127-3131 

negotiation  is  deemed  prima  facie  to  have  been  effected  before 
the  instrument  was  overdue. 

See  note  to  §  3082. 

§  3127.  Place  of  indorsement.  Except  where  the  contrary 
appears,  every  indorsement  is  presumed  prima  facie  to  have 
been  made  at  the  place  where  the  instrument  is  dated. 

See  note  to  §  3082. 

§  3128.      Continuation.      An    instrument    negotiable    in    its 
origin  continues  to  be  negotiable  until  it  has  been  restrictively 
indorsed  or  discharged  by  payment  or  otherwise. 
See  note  to  §  3082. 

§  3129.  Striking  out  indorsement.  The  holder  may  at  any 
time  strike  out  any  indorsement  which  is  not  necessary  to  his 
title.  The  indorser  whose  indorsement  is  struck  out,  and  all 
indorsers  subsequent  to  him,  are  thereby  relieved  from  liability 
on  the  instrument. 
See  note  to  §  3082. 

§  3130.  Transfer  without  indorsement.  Where  the  holder 
of  an  instrument  payable  to  his  order  transfers  it  for  value 
without  indorsing  it,  the  transfer  vests  in  the  transferee  such 
title  as  the  transferrer  had  therein,  and  the  transferee  acquires, 
in  addition,  the  right  to  have  the  indorsement  of  the  trans- 
ferrer. But  for  the  purpose  of  determining  whether  the  trans- 
feree is  a  holder  in  due  course,  the  negotiation  takes  effect  as 
of  the  time  when  the  indorsement  is  actually  made. 
See  note  to  §  3082. 

§  3131.  Prior  party  may  negotiate.  Where  an  instrument 
is  negotiated  back  to  a  prior  pai'ty  such  party  may,  subject  to 
the  provisions  of  this  title,  reissue  and  further  negotiate  the 
same.  But  he  is  not  entitled  to  enforce  payment  thereof 
against  any  intervening  party  to  whom  he  was  personally 
liable. 

See  note  to  §  3082. 


§§  3132-3136  CIVIL  code.  70 

AETICLE  IV. 
Rights  of  the  Holder. 

§  3132.     Right  of  holder  to  sue;  paj-meut. 

§  3133.     What  constitutes  a  holder  in  due  course. 

§  3134.     When  person  not  deemed  holder  in  due  course. 

§  3135.     Notice  before  full  amount  paid. 

§  3136.     When  title  defective. 

§  3137.     What  constitutes  notice  of  defect. 

§  3138.     Eights  of  holder  in  due  course. 

§  3139.     When  subject  to  original  defenses. 

§  3140.     Who  deemed  holder  in  due  course. 

§  3132.     Right  to  sue.     The  holder  of  a  negotiable  instru- 
ment may  sue  thereon  in  his  own  name  and  payment  to  him  in 
due  course  discharges  the  instrument. 
See  note  to  §  3082. 

§  3133.  Holder  in  due  course.  A  holder  in  due  course  is  a 
holder  who  has  taken  the  instrument  under  the  following 
conditions : 

(1)  That  it  is  complete  and  regular  upon  its  face; 

(2)  That  he  became  the  holder  of  it  before  it  was  overdue, 
and  without  notice  that  it  had  been  previously  dishonored,  if 
such  was  the  fact ; 

(3)  That  he  took  it  in  good  faith  and  for  value; 

(4)  That  at  the  time  it  was  negotiated  to  him  he  had  no 
notice  of  any  infirmity  in  the  instrument  or  defect  in  the  title 
of  the  person  negotiating  it. 

See  note  to  §  3082. 

§  3134.  Not  holder  in  due  course.  AVhere  an  instrument 
payable  on  demand  is  negotiated  an  unreasonable  length  of 
time  after  its  issue,  the  holder  is  not  deemed  a  holder  in  due 
course. 

See  note  to  §  3082, 

§3135.  Notice  before  full  amount  paid.  Where  the  ttans- 
feree  receives  notice  of  any  infirmity  in  the  instrument  or  de- 
fect in  the  title  of  the  person  negotiating  the  same  before  he 
has  paid  the  full  amount  agreed  to  be  paid  therefor,  he  will 
be  deemed  a  holder  in  due  course  only  to  the  extent  of  the 
amount  theretofore  paid  by  him. 
See  note  to  §  3082. 

§  3136.  When  title  defective.  The  title  of  a  person  who 
negotiates  an  instrument  is  defective  within  the  meaning  of 
this  title  when  he  obtained  the  instrument,  or  any  signature 


71  CIVIL  CODE.  §§  3137-3140 

thereto,  by  fraud,  duress,  or  force  and  fear,  or  other  unlawful 
means,  or  for  an  illegal  consideration,  or  when  he  negotiates 
it  in  breach  of  faith,  or  under  such  circumstances  as  amount 
to  a  fraud. 

See  note  to  §  3082, 

§  3137.  Notice  of  defect.  To  constitute  notice  of  an  in- 
firmity in  the  instrument  or  defect  in  the  title  of  the  person 
negotiating  the  same,  the  person  to  whom  it  is  negotiated  must 
have  had  actual  knowledge  of  the  infirmity  or  defect,  or  knowl- 
edge of  such  facts  that  his  action  in  taking  the  instrument 
amounted  to  bad  faith. 
See  note  to  §  3082. 

§3138,  Rights  of  holder  in  due  course,  A  holder  in  due 
course  holds  the  instrument  free  from  any  defect  of  title  of 
prior  parties,  and  free  from  defenses  available  to  prior  parties 
among  themselves,  and  may  enforce  payment  of  the  instrument 
for  the  full  amount  thereof  against  all  parties  liable  thereon. 
See  note  to  §  3082. 

§  3139,  When  subject  to  original.  In  the  hands  of  any 
holder  other  than  a  holder  in  due  course,  a  negotiable  instru- 
ment is  subject  to  the  same  defenses  as  if  it  were  non-negoti- 
able. But  a  holder  who  derives  his  title  through  a  holder  in 
due  course,  and  who  is  not  himself  a  party  to  any  fraud  or 
illegality  affecting  the  instrument,  has  all  the  rights  of  such 
former  holder  in  respect  of  all  parties  prior  to  the  latter. 
See  note  to  §  3082. 

§  3140.  Who  deemed  holder  in  due  course.  Every  holder 
is  deemed  prima  facie  to  be  a  holder  in  due  course :  but  when 
it  is  shown  that  the  title  of  any  person  who  has  negotiated  the 
instrument  was  defective,  the  burden  is  on  the  holder  to  prove 
that  he  or  some  person  under  whom  he  claims  acquired  the  title 
as  holder  in  due  course.  But  the  last-mentioned  rule  does  not 
apply  in  favor  of  a  party  who  became  bound  on  the  instrument 
prior  to  the  acquisition  of  such  defective  title. 
See  note  to  §  3082. 


§§  3141-314-4  CIVIL  CODE.  72 

ARTICLE  V. 
Liabilities  of  Parties. 

§  3141.     Liability  of  maker. 

§  3142.     Liability  of  drawer. 

§  3143.     Liability  of  acceptor. 

§  3144.     When  person  deemed  indorser. 

§  3145.     Liability  of  irregular  indorser. 

§  3146.     Warranty  where  negotiation  by  delivery,  etc. 

§  3147.     Liability  of  general  indorser. 

§  3148.     Liability  of  indorser  where  paper  negotiable  by  delivery. 

§  3149.     Order  in  which  indorsers  are  liable. 

§  3150.     Liability  of  an  agent  or  broker. 

§  3141.  Liability  of  maker.  The  maker  of  a  negatiable  iu- 
strament  by  making  it  engages  that  he  will  pay  it  according 
to  its  tenor,  and  admits  the  existence  of  the  payee  and  his  then 
capacity  to  indorse. 

See  note  to  §  3082. 

§  3142.  Liability  of  drawer.  The  drawer  by  drawing  the 
instrument  admits  the  existence  of  the  payee  and  his  then  capa- 
city to  indorse ;  and  engages  that  on  due  presentment  the  in- 
strument will  be  accepted  or  paid,  or  both,  according  to  its 
tenor,  and  that  if  it  be  dishonored,  and  the  necessary  proceed- 
ings on  dishonor  be  duly  taken,  he  will  pay  the  amount  thereof 
to  the  holder,  or  to  any  subsequent  indorser  who  may  be  com- 
pelled to  pay  it.  But  the  drawer  may  insert  in  the  instrument 
an  express  stipulation  negativing  or  limiting  his  own  liability 
to  the  holder. 

See  note  to  §  3082. 

§3143.  Liability  of  acceptor.  The  acceptor  by  accepting 
the  instrument  engages  that  he  will  pay  it  according  to  the 
tenor  of  his  acceptance ;  and  admits — 

(1)  The  existence  of  the  drawer,  the  genuineness  of  his  sig- 
nature, and  his  capacity  and  authority  to  draw  the  instrument ; 
and 

(2)  Th(!  existence  of  the  payee  and  his  then  capacity  to 
indoi'se. 

See  note  to  §  ;i()S2. 

§3144.  Person  deemed  indorser.  A  ixm-sou  phicing  his  sig- 
n;i1iin'  upon  ;in  iiisl  fiiniciil  otliiTwise  than  as  maker,  drawer, 
ov  ac('(;pt()r,  is  (iccmcd  to  lie  ;iii  indoi'ser,  uuh^ss  he  clearly  indi- 
cates by  aj)|»ro|)ria1c  woimIs  his  iiitcniioii  to  he  hound  in  some 
other  capacity. 

See  note  to  §  3082. 


73  CIVIL  CODE.  §§3145-3147 

§  3145.  Liability  of  irregular  indorser.  AVhere  a  porson, 
not  otherwise  a  party  to  an  instrument,  places  thereon  his  sig- 
nature in  blank  before  delivery  he  is  lial)le  as  indorser,  in 
accordance  with  the  following  rules: 

(1)  If  the  instrument  is  payable  to  the  order  of  a  third  per- 
son, he  is  lialde  to  the  payee  and  to  all  subsequent  parties. 

(2)  If  the  instrument  is  payable  to  the  order  of  the  maker 
or  drawer,  or  is  payable  to  bearer,  he  is  liable  to  all  parties 
sidisequent  to  the  maker  or  drawer. 

(3)  If  he  signs  for  the  accounnodatioii  of  the  i)ay('('.  he  is 
liable  to  all  parties  siil)st"(|iic]it  to  the  payee. 

See  ivote  to  §  .S0.S2. 

§  3146.  Warranty  when  negotiation  by  delivery,  etc.  Every 
person  negotiating  an  instrument  by  delivery  or  l)y  a  <iualified 
iiulorsement,  warrants — 

(1)  That  the  instrument  is  genuine  and  in  all  respects  what 
it  purports  to  be ; 

(2)  That  he  has  a  good  title  to  it; 

(3)  That  all  prior  parties  had  capacity  to  contract; 

(4)  That  he  has  no  knowledge  of  any  fact  which  would 
impair  the  validity  of  the  instrument  or  render  it  valueless. 

But  when  the  negotiation  is  by  delivery  only,  the  warranty 
extends  in  favor  of  no  holder  other  than  the  immediate  trans- 
feree. 

The  provisions  of  subdivision  three   of  this  section  do  not 
apply  to  persons  negotiating  public  or  corporation  securities, 
other  than  bills  and  notes. 
See  note  to  §  30S2. 

§  3147.  Liability  of  general  indorser.  Every  indorser  who 
indorses  without  qualification,  warrants  to  all  subsecpient  hold- 
ers in  due  course — 

(IJ  The  matters  and  things  mentioned  in  subdivision  one, 
two  and  three  of  the  next  preceding  section ;  and 

(2)  That  the  instrument  is  at  the  time  of  his  indorsement 
valid  and  subsisting. 

And,  in  addition,  he  engages  tbat  on  due  presentment,  it 
^hall  be  accepted  or  paid,  or  both,  as  the  case  may  be,  accord- 
ing to  its  tenor,  and  that  if  it  be  dishonored,  and  the  necessary 
proceedings  on  dishonor  be  duly  taken,  he  will  pay  the  amount 
thereof  to  the  holder,  or  to  any  subsequent  indorser  who  may 
be  compelled  to  pay  it. 
See  note  to  §  3082, 


§§3148-3151  CIVIL  CODE.  74 

§3148.  When  negotiable  by  delivery.  Where  a  person 
places  his  indorsement  on  an  instrument  negotiable  by  delivery 
he  incurs  all  the  liabilities  of  an  indorser. 

See  uote  to  §  3082. 

§  3149.  Order  in  which  indorsers  liable.  As  respects  one 
another  indorsers  are  liable  prima  facie  in  the  order  in  which 
they  indorse;  but  evidence  is  admissible  to  show  that  as  be- 
tween or  among  themselves  they  have  agreed  otherwise.  Joint 
payees  or  joint  indorsers  who  indorse  are  deemed  to  indorse 
jointly  and  severally. 
See  note  to  §  3082. 

§  3150.  Liability  of  broker  or  agent.  Where  a  broker  or 
other  agent  negotiates  an  instrument  without  indorsement  he 
incurs  all  the  liabilities  prescribed  by  section  three  thousand 
one  hundred  forty-seven,  unless  he  discloses  the  name  of  his 
principal,  and  the  fact  that  he  is  acting  only  as  agent. 
See  note  to  §  3082. 

ARTICLE  VI. 
Presentment  for  Payment. 

§  3151.     Effect  of  want  of  demand  on  principal  debtor. 

§  3152.  Presentment  where  instrument  is  not  payable  on  demand  and 
where  payable  on  demand. 

§  3153.     What  constitutes  a  sufficient  presentment. 

§  3154.     Place  of  presentment. 

§  3155.     Instrument  must  be  exhibited. 

§  3156.     Presentment  where  instrument  payable  at  bank. 

§  3157.     Presentment  where  principal    debtor   is   dead. 

§  3158.     Presentment  to  persons  liable  as  partners. 

§  3159.     Presentment  to  joint  debtors. 

§  3160.     When  presentment  not  required  to  charge  the  drawer. 

§  3161.     When  presentment  not  required  to  charge  the  indorser. 

§  3162.     When  delay  in  making  presentment  is  excused. 

§  3163.     When  presentment  may  be  dispensed  with. 

§  3164.     When  instrument  dishonored  by  nonpayment. 

§  3165.  Liability  of  person  secondarily  liable,  when  instrument  dis- 
honored. 

§  31(i(i.     Time  of  maturity. 

§3167.     Time;  how  computed. 

§  316S.     Rule  where  instrument  payable  at  bank. 

§  3169.      What   constitutes  ])ayment  in  due  course. 

§3151.  Presentment  for  payment.  Piesentment  for  pay- 
ment is  not  necessary  in  order  to  charge  the  person  primarily 
liable  on  the  instrument;  but  if  the  instrument  is,  by  its  terms, 
payable  at  a  special  place,  and  he  is  able  and  willing  to  pay 
it  there  at  maturity,  such  ability  and  willingness  are  equiva- 
lent to  a  tender  of    payment  upon  his  part.     But    except  as 


75  CIVIL  CODE.  §§  3152-3156 

herein  otherwise  provided,  presentment  for  payment  is  neces- 
sary in  order  to  charge  the  drawer  and  indorsers. 

See  note  to  §  3082. 

§3152.  Presentment  for  payment.  Where  the  instrument 
is  not  payable  on  demand,  presentment  must  be  made  on  the 
day  it  falls  due.  Where  it  is  payable  on  demand,  presentment 
must  be  made  within  a  reasonable  time  after  its  issue,  except 
that  in  the  case  of  a  bill  of  exchange,  presentment  for  pay- 
ment will  be  sufficient  if  made  within  a  reasonable  time  after 
the  last  negotiation  thereof. 
See  note  to  §  3082. 

§  3153.  What  constitutes  sufficient  presentment.  Present- 
ment for  payment,  to  be  sufficient,  must  be  made — 

(1)  By  the  holder,  or  by  some  person  authorized  to  receive 
payment  on  his  behalf; 

(2)  At  a  reasonable  hour  on  a  business  day; 

(3)  At  a  proper  place  as  hei-ein  defined; 

(4)  To  the  person  primarily  liable  on  the  instrument  or  if 
he  is  absent  or  inaccessible,  to  any  person  found  at  the  place 
where  the  presentment  is  made. 

See  note  to  §  3082. 

§  3154.  Place  of  presentment.  Presentment  for  payment  is 
made  at  the  proper  place — 

(1)  Where  a  place  of  payment  is  specified  in  the  instrument 
and  it  is  there  presented ; 

(2)  Where  no  place  of  payment  is  specified,  but  the  address 
of  the  person  to  make  payment  is  given  in  the  instrument  and 
it  is  there  presented ; 

(3)  Where  no  place  of  payment  is  specified  and  no  address 
is  given  and  the  instrument  is  presented  at  the  usual  place  of 
business  or  residence  of  the  person  to  make  payment ; 

(4)  In  any  other  case  if  presented  to  the  person  to  make 
payment  wherever  he  can  be  found,  or  if  presented  at  his  last 
known  place  of  business  or  residence. 

See  note  to  §  30S2. 

§  3155.     Must  be  exhibited.     The  instrument  must  be  exhib- 
ited to  the  person  from  whom  payment  is  demanded,  and  when 
it  is  paid  must  be  delivered  up  to  the  party  paying  it. 
See  note  to  §  3082. 

§  3156.  Where  payable  at  bank.  Whore  the  instrument  is 
payable  at  a  bank,  presentment  for  payment  must  be  made  dur- 


§§  3157-3162  civm  code.  76 

ing  banking  hours,  unless  the  person  to  make  payment  has 
no  funds  there  to  meet  it  at  any  time  during  the  day,  in  which 
case  presentment  at  any  hour  before  the  bank  is  closed  on  that 
day  is  sufBcient. 

See  note  to  §  3082. 

§  3157.  Where  principal  debtor  dead.  Where  a  person 
primarily  liable  on  the  instrument  is  dead,  and  no  place  of 
payment  is  specified,  presentment  for  jiayment  must  be  made 
to  his  personal  representative  if  such  there  be.  and  if,  with 
the  exercise  of  reasonable  diligence,  he  can  be  found. 
See  note  to  §  .3082. 

§  3158.  Persons  liable  as  partners.  AVhere  the  persons  pri- 
marily liable  on  the  instrument  are  liable  as  partners,  and  no 
place  of  payment  is  specified,  presentment  for  payment  may 
be  made  to  any  one  of  them,  even  though  there  has  been  a 
dissolution  of  the  firm. 
See  note  to  §  30S2. 

§  3159.     Joint  debts.     Where  there  are  several  persons,  not 
partners,  primarily  liable  on  the  instrument,  and  no  place  of 
payment  is  specified,  presentment  must  be  made  to  them  all. 
See  note  to  §  3082. 

§  3160.  Presentment  for  payment  not  required  when.  Pre- 
sentment for  payment  is  not  required  in  order  to  charge  the 
drawer  where  he  has  no  right  to  expect  or  require  that  the 
drawee  or  acceptor  will  pay  the  instrument. 

See  note  to  §  3082. 

§  3161.  Presentment  for  payment  not  required  when.  Pre- 
sentment for  payment  is  not  required  in  order  to  oliarge  an 
indorser  where  the  instrument  was  made  or  accepted  for  his 
accommodation  and  he  has  no  reason  to  expec-t  that  the  in- 
strument will  be  paid  if  presented. 
See  note  to  §  3082. 

§  3162.  Delay  excused.  Delay  in  making  presentment  for 
])aymont  is  excused  wIumi  tlie  delay  is  caused  by  circumstances 
beyond  the  control  of  tlu'  bolder,  and  not  imputable  to  his 
default,  misconduct  or  negligence.  When  the  cause  of  delay 
ceases  to  opei-ate,  presentment  nnist  be  made  with  reasonable 
diligence. 

Sec  note  to  §  3082, 


77  CIVIL  CODE.  §§  31G3-31Gi) 

§3163.     When  dispensed  with,     i'l-csciilineiit  Tor  payment  is 
dispensed  with — 

(1)  Where  after  the   exereise   of  reasonaldc   diligence   pre- 
sentment as  required  by  this  title  cannot  be  made ; 

(2)  "Where  the  drawee  is  a  fictitious  person; 

(3)  By  waiver  of  presentment,  express  or  implied. 
See  mote  to  §  3082. 

§  3164.    When  dishonored  by  nonpayment.     The  instrument 
is  dishonored  by  nonpayment  when — 

(1)  It  is  duly  presented  for  payment  and  payment  is  re- 
fused or  cannot  be  obtained;  or 

(2)  Presentment  is  excused  and  the  instrument  is  overdue 
and  unpaid. 

See  note  to  §  3082. 

§  3165.     Liability  of  person  secondarily  liable.     Subject  to 
the  provisions  of  this  title,  when  the  instrument  is  dishonored 
by  nonpayment,  an  immediate  right  of  recourse  to  all  parties 
secondarily  liable  thereon  accrues  to  the  holder. 
See  note  to  §  3082. 

§  3166.  Time  of  maturity.  Every  negotiable  instrument  is 
payable  at  the  time  fixed  therein  without  grace.  When  the 
day  of  maturity  falls  upon  Sunday,  or  a  holiday,  the  instru- 
ment is  payable  on  the  next  succeeding  business  day.  Instru- 
ments falling  due  or  becoming  payable  on  Saturdaj^  are  to  be 
presented  for  payment  on  the  next  succeeding  business  day, 
except  that  instruments  payable  on  demand  may,  at  the  option 
of  the  holder,  be  presented  for  payment  before  twelve  o'clock 
noon  on  Saturday  when  that  entire  day  is  not  a  holiday. 
See  note  to  §  3082. 

§3167.  Determination  of  time.  Where  the  instrument  is 
payable  at  a  fixed  i)eriod  after  date,  after  sight,  or  after  the 
happening  of  a  specified  event,  the  time  of  payment  is  deter- 
mined by  excluding  the  day  from  which  the  time  is  to  begin 
to  run,  and  by  including  the  date  of  payment. 
See  note  to  §  3082. 

§  3168.     Where  payable  at  bank.     Where  the  instrument  is 
made  payable  at  a  bank  it  is  equivalent  to  an  order  to  the  hank 
to  pay  the  same  for  the  account  of  the  principal  debtor  thereon. 
Sec  note  to  §  3082. 

§  3169.     Payment  in  due  course.     Payment  is  made  in  due 
course  w-hen  it  is  made  at  or  after  the  maturitv  of  the  instru- 


§§  3170-3172  CIVIL  CODE.  78 

ment  to  the  holder  thereof  in  good  faith  and  without  notice 
that  his  title  is  defective. 

See  not0  to  §  3082. 

ARTICLE  VII. 
Notice  of  Dishonor. 

§  3170.  To  whom  notice  of  dishonor  must  be  given, 

§  3171.  By  whom  given. 

§  3172.  Notice  given  by  agent. 

§  3173.  Effect  of  notice  given  on  behalf  of  holder. 

§  3174.  Eft'ect  where  notice  is  given  by  party  entitled  thereto. 

§  3175.  When  agent  may  give  notice. 

§  3176.  When  notice  sufficient. 

§  3177.  Form  of  notice. 

§  3178.  To  whom  notice  may  be  given. 

§  3179.  Notice  where  party  is  dead. 

§  3180.  Notice  to  partners. 

§  3181.  Notice  to  persons  jointly  liable. 

§  3182.  Notice  to  bankrupt. 

§  3183.  Time  within  which  notice  must  be  given. 

§  3184.  Where  parties  reside  in  same  place. 

§  3185.  Where  parties  reside  in  different  places. 

§  3186.  When  sender  deemed  to  have  given  due  notice. 

§  3187.  Deposit  in  postoflftce;  what  constitutes. 

§  3188.  Notice  to  subsequent  party. 

§  8189.  Where  notice  must  be  sent. 

§  3190.  Waiver  of  notice. 

§  3191.  Whom  affected  by  waiver. 

§  3192.  Waiver  of  protest. 

§  3193.  When  notice  is  dispensed  with. 

§  3194.  Delay  in  giving  notice;  how  excused. 

§  3195.  When  notice  need  not  be  given  to  drawer. 

§  3196.  When  notice  need  not  be  given  to  indorser. 

§  3197.  Notice  of  nonpayment  where  acceptance  refused. 

§  3198.  Effect  of  omission  to  give  notice  of  nonacceptance. 

§  3199.  When  protest  need  not  be  made;  when  must  be  made. 

§  3170.  Notice  of  dishonor.  Except  as  herein  othervrise 
provided,  when  a  negotiable  instrument  has  been  dishonored 
by  nonacceptance  or  nonpayment,  notice  of  dishonor  must  be 
triven  to  the  drawer  and  to  each  indorser,  and  any  drawer  or 
indorser  to  whom  such  notice  is  not  given  is  discharged. 
See  note  to  §  3082. 

§  3171.  By  whom  given.  The  notice  may  be  given  by  or 
on  behalf  of  the  holder,  or  b}^  or  on  behalf  of  any  party  to  the 
instrument  who  might  be  compelled  to  pay  it  to  the  holder, 
and  wlio  upon  taking  it  up  would  have  a  right  to  reimburse- 
ment from  the  party  to  whom  the  notice  is  given. 
See  note  to  §  .'5082. 

§  3172.     Notice  given  by  agent.     Notice  of  dishonor  may  be 
given  by  an  agent  either  in  his  own  name  or  in  the  name  of 


79  CIVIL  CODE.  §§  3173-3179 

any  party  entitled  to  give  notice,  whether  that  party  be  his 
principal  or  not. 

See  note  to  §3082. 

§  3173,     Effect  of  notice.     Where  notice  is  given  by  or  on 
behalf  of  the  holder,  it  inures  for  the  benefit  of  all  subsequent 
holders  and  all  prior  parties  who    have  a  right  of    recourse 
against  the  party  to  whom  it  is  given. 
See  note  to  §  3082. 

§  3174.     Effect  where    notice    is    given   by    party    entitled 

thereto.     Where  notice  is  given  by  or  on  behalf    of  a  party 

entitled  to  give  notice,  it  inures  for  the  benefit  of  the  holder 

and  all  parties  subsequent  to  the  party  to  whom  notice  is  given. 

See  note  to  §  3082. 

§3175.  When  agent  may  give  notice.  Where  the  instru- 
ment has  been  dishonored  in  the  hands  of  an  agent,  he  may 
either  himself  give  notice  to  the  parties  liable  thereon,  or  he 
may  give  notice  to  his  princip'al.  If  he  give  notice  to  his  prin- 
cipal, he  must  do  so  within  the  same  time  as  if  he  were  the 
holder,  and  the  principal  upon  the  receipt  of  such  notice  has 
himself  the  same  time  for  giving  notice  as  if  the  agent  had 
been  an  independent  holder. 
See  note  to  §  3082. 

§  3176.  When  notice  sufficient.  A  written  notice  need  not 
be  signed,  and  an  insufficient  written  notice  may  be  supple- 
mented and  validated  by  verbal  communication.  A  misde- 
scription of  the  instrument  does  not  vitiate  the  notice  unless 
the  party  to  whom  the  notice  is  given  is  in  fact  misled  thereby. 
See  note  to  §  3082. 

§3177.  Form  of  notice.  The  notice  may  be  in  writing  or 
merely  oral  and  may  be  given  in  any  terms  which  sufficiently 
identify  the  instrument,  and  indicate  that  it  has  been  dishon- 
ored by  nonacceptance  or  nonpayment.  It  may  in  all  cases 
be  given  by  delivering  it  personally  or  through  the  mails. 
See  note  to  §  3082. 

§  3178.     To  whom  notice  given.     Notice  of  dishonor  may  be 
given  either  to  the  party  himself  or  to  his  agent  in  that  behalf. 
See  note  to  §  3082. 

§3179.     Notice  where  party  is  dead.     When  any  party  is 
dead,  and  his  death  is  known  to  the  party  giving  notice,  the 


§§  3180-3185  CIVIL  CODE.  80 

notice  must  be  given  to  a  personal  representative,  if  tliere  be 
one,   and  if  with  reasonable  diligence  he  can   be  found.     If 
there  be  no  personal  representative,  notice  may  be  sent  to  the 
last  residence  or  last  place  of  business  of  the  deceased. 
See  note  to  §  3082. 

§3180.  Notice  to  partners.  Where  the  parties  to  be  noti- 
fied are  partners,  notice  to  any  one  partner  is  notice  to  the 
firm  even  though  there  has  been  a  dissolution. 

See  note  to  §  3082. 

§  3181.  Notice  to  persons  jointly  liable.  Notice  to  joint 
parties  who  are  not  partners  must  be  given  to  each  of  them, 
unless  one  of  them  has  authority  to  receive  such  notice  for 
the  others. 

See  note  to  §3082. 

§  3182.     Notice  to  bankrupt.     Where  a  party  has  been  ad- 
judged a  bankrupt  or  an  insolvent,  or  has  made  an  assign- 
ment for  the  benefit  of  creditors,  notice  may  be  given  either 
to  the  party  himself  or  to  his  trustee  or  assignee. 
See  note  to  §3082. 

§  3183.     Time  within  which  notice  must  be  given.     Notice 
may  be  given  as  soon  as  the    instrument  is  dishonored ;    and 
unless  delay  is  excused  as  hereinafter  provided,  must  be  given 
within  the  times  fixed  by  this  title. 
See  note  to  §  3082. 

§  3184.     Notice  where  parties  reside  in  same  place.     Where 

the  i)ersoii  giving  and  tlu'  ])ersou  to  receive  notice  reside  in 
the  same  i)la<'e,  notice  must  l)e  given  within  the  following 
times: 

(1)  If  given  at  the  place  of  business  of  the  person  to  receive 
notice,  it  nnist  be  given  before  the  close  of  business  hours  on 
the  day  following; 

(2)  If  given  at  his  residem-e,  it  must  l)e  given  before  the 
usual  bours  of  rest  on  the  (hiy  following; 

(3)  If  sent  by  mail,  it  nuist  be  deposited  in  the  ])ostoffice  in 
time  to  reach  liim  in  usual  course  on  the  day  following. 

Sec  note  to  §  3082. 

§  3185.  Notice  where  parties  reside  in  different  places. 
Wliei'c  the  ix'i'son  giving  and  the  jxTson  to  receive  notice  re- 
side in  difil'erent  i)laces,  the  notice  must  be  given  within  the 
following  times: 


81  CIVIL  CODE.  §§3186-3189 

(1)  li'  sent  l)y  mail,  it  luiist  l)e  (l('i)<)sit(Ml  in  tlie  postoffice  in 
time  to  go  by  mail  the  day  f()llowin<^'  the  day  of  dishonor,  or 
if  there  be  no  mail  at  a  eonvenient  hour  on  that  day,  by  tlic 
next  mail  thereafter; 

(2)  If  j^iven  otherwise  than  through  the  postof'fice,  then 
within  the  time  that  notice  would  have  l)een  received  in  due 
course  of  mail,  if  it  had  been  deposited  in  the  postoffice  within 
the  time  specified  in  the  last  subdivision. 

See  note  to  §  3082. 

§  3186.  Notice  deemed  given.  Where  notice  of  dishonor  is 
duly  addressed  and  deposited  in  the  postoffice,  the  sender  is 
deemed  to  have  given  due  notice,  notwithstanding  any  miscar- 
riage in  the  mails. 

See  note  to  §3082. 

§  3187.  Deposit  in  postoffice.  Notice  is  deemed  to  have 
been  deposited  in  postoffice  when  deposited  in  any  branch  post- 
office  or  in  any  letter-box  under  the  control  of  the  postoffice 
department. 

See  note  to  §3082. 

§  3188.  Notice  to  subsequent  party.  Where  a  party  re- 
ceives notice  of  dishonor,  he  has,  after  the  receipt  of  such 
notice,  the  same  time  for  giving  notice  to  antecedent  i)arties 
that  the  holder  has  after  the  dishonor. 

See  note  to  §  3082. 

§3189.  Where  notice  may  be  sent.  Where  a  party  has 
added  an  address  to  his  signature,  notice  of  dishonor  must  be 
sent  to  that  address ;  but  if  he  has  not  given  such  address, 
then  the  notice  must  be  sent  as  follows: 

(1)  Either  to  the  postoffice  nearest  to  his  place  of  residence, 
or  to  the  ])Ostoffice  where  he  is  accustomed  to  receive  his 
letters ;  or 

(2)  If  he  live  in  one  place,  and  have  his  place  of  business  in 
another,  notice  may  be  sent  to  either  place ;  or 

(3)  If  he  is  sojourning  in  another  place,  notice  may  be  sent 
to  the  place  where  he  is  sojourning. 

But  where  the  notice  is  actually  received  by  the  party  within 
the  time  specified  in  this  title,  it  will  be  sufficient,  though  not 
sent  in  accordance  with  the  requirements  of  this  section. 
See  note  to  §  3082. 
6 


§§  3190-3195  civri.  code.  82 

§  3190.  Waiver  of  notice.  Notice  of  dishonor  may  be 
waived,  either  before  the  time  of  giving  notice  has  arrived, 
or  after  the  omission  to  give  due  notice,  and  the  waiver  may 
be  express  or  implied. 

See  note  to  §  3082. 

§  3191.     Who  is  affected  by  waiver.     Where  the  waiver  is 
embodied  in  the  instrument  itself,  it  is  binding  upon  all  par- 
ties ;  but  where  it  is  written  above  the  signature  of  an  indorser, 
it  binds  him  only. 
See  note  to  §  3082. 

§  3192.  Waiver  of  protest.  A  waiver  of  protest,  whether 
in  the  case  of  a  foreign  bill  of  exchange  or  other  negotiable 
instrument,  is  deemed  to  be  a  waiver  not  only  of  formal  pro- 
test, but  also  of  presentment  and  notice  of  dishonor. 

See  note  to  §  3082. 

§  3193.  Notice  dispensed  with.  Notice  of  dishonor  is  dis- 
pensed wnth  when,  after  the  exercise  of  reasonable  diligence, 
it  cannot  be  given  to  or  does  not  reach  the  parties  sought  to  be 
charged. 

See  note  to  §  3082. 

§  3194.  Delay  excused.  Delay  in  giving  notice  of  dishonor 
is  excused  when  the  delay  is  caused  by  circumstances  beyond 
the  control  of  the  holder,  and  not  imputable  to  his  default, 
misconduct  or  negligence.  When  the  cause  of  delay  ceases  to 
operate,  notice  must  be  given  with  reasonable  diligence. 
See  note  to  §  3082. 

§  3195.  When  not  required  to  be  given  to  drawer.  Notic« 
of  dishonor  is  not  required  to  be  given  to  the  drawer  in  either 
of  the  following  cases: 

(1)  Where  the  drawer  and  drawee  are  the  same  person; 

(2)When  the  drawee  is  a  fictitious  person  or  a  person  not 
having  capacity  to  contract; 

(3)  When  the  drawer  is  a  person  to  whom  the  instrument 
is  presented  for  payment; 

(4)  Where  the  drawer  has  no  right  to  expect  or  require  that 
the  drawee  or  acceptor  will  honor  the  instrument; 

(5)  Where  the  drawer  has  countermanded  i^ayment 

See  note  to  §  3082. 


83  CIVIL  CODE.  §§  3196-3200 

§3196.  When  not  required  to  be  given  indorser.  Notice 
of  dishonor  is  not  required  to  be  given  to  an  indorser  in  either 
of  the  following  cases: 

(1)  Where  the  drawee  is  a  fictitious  person  or  a  person  not 
having  capacity  to  contract,  and  the  indorser  was  aware  of 
the  fact  at  the  time  he  indorsed  the  instrument; 

(2)  Where  the  indorser  is  the  person  to  whom  the  instru- 
ment is  presented  for  payment ; 

(3)  Where  the  instrument  was  made  or  accepted  for  his 
accommodation. 

See  note  to  §  3082. 

§3197.    Notice  of  nonpayment  where  acceptance  refused. 

Where  due  notice  of  dishonor  by  nonacceptance  has  been 
given  notice  of  a  subsequent  dishonor  by  nonpayment  is  not 
necessary,  unless  in  the  meantime  the  instrument  has  been 
accepted. 

See  note  to  §  3082. 

§  3198.  Effect  of  omission.  An  omission  to  give  notice  of 
dishonor  by  nonacceptance  does  not  prejudice  the  rights  of  a 
holder  in  due  course  subsequent  to  the  omission. 

See  note  to  §  3082. 

§  3199.     Protest.     Where    any   negotiable    instrument    has 
been  dishonored  it  may  be  protested  for  nonacceptance  or  non- 
payment, as  the  case  may  be ;  but  protest  is  not  required  except 
in  the  case  of  foreign  bills  of  exchange. 
See  note  to  §  3082. 

ARTICLE  VIII. 
Discharge  of  Negotiable  Instruments. 
§  3200.     Instrument;  how  discharged. 
§  3201.     When  persons  secondarily  liable  on,  discharged. 
§  3202.     Eight  of  party  who  discharged  instrument. 
§  3203.     Renunciation  by  holder. 

§  3204.     Cancellation;  unintentional;  burden  of  proof. 
§  3205.     Alteration  of  instrument;  effect  of. 
§  3206.     What  constitutes  a  material  alteration. 

§  3200.  How  discharged.  A  negotiable  instrument  is  dis- 
charged— 

(1)  By  payment  in  due  course  by  or  on  behalf  of  the  prin- 
cipal debtor; 

(2)  By  payment  in  due  course  by  the  party  accommodated, 
where  the  instrument  is  made  or  accepted  for  accommodation ; 

(3)  By  the  intentional  cancellation  thereof  by  the  holder; 


§§  3201-3203  CIVIL  code.  84 

(4)  By  any  other  act  which  willdischarye  a  sim])]('  eontract 
for  the  payment  of  money;  ' 

(5)  When  the  principal  deltor  l)eeomes  the  holder  of  the 
instrument  at  or  after  maturity  in  his  own  right. 

See  note  to  §  3082. 

§  3201.     Persons    secondarily  liable    discharged.     A  person 

secondarily  lia])le  on  the  instrument  is  discharged — • 

(1)  By  any  act  which  discharges  the  instrument; 

(2)  By  the  intentional  cancellation  of  his  signature  by  the 
holder ; 

(3)  By  the  discharge  of  a  prior  party; 

(4)  By  a  valid  tender  of  payment  made  by  a  prior  party; 

(5)  By  a  release  of  the  principal  debtor,  unless  the  holder's 
right  of  recourse  against  the  party  secondarily  liable  is  ex- 
pressly reserved; 

(6)  By  any  agreement  binding  upon  the  holder  to  extend 
■the  time  of    payment,   or  to  postpone    the  holder's  right  to 

enforce  the  instrument,  unless  made  with  the  assent  of  the 
party  secondarily  liable,  or  unless  the  right  of  recourse  against 
such  party  is  exi^ressly  reserved. 
See  note  to  §  3082. 

§  3202.  Right  of  party  who  discharged.  Where  the  instru- 
ment is  paid  by  a  party  secondarily  liable  thereon,  it  is  not 
discharged ;  but  the  party  so  paying  it  is  remitted  to  his  former 
rights  as  regards  all  prior  parties,  and  he  may  strike  out  his 
own  and  all  subse(iuent  indorsements,  and  again  negotiate  the 
instrument,  except — 

(1)  Where  it  is  payable  to  the  order  of  a  third  person,  and 
has  been  paid  by  the  drawer ;  and 

(2)  Where  it  was  made  or  accepted  for  accommodation,  and 
has  been  paid  by  the  i)arty  accommodated. 

See  note  to  §  30SL'. 

§3203.  Renunciation  by  holder.  The  hobler  may  expressly 
renounce  his  rights  against  any  party  to  the  instrument,  be- 
fore, at  or  after  its  maturity.  An  absolute  and  unconditional 
renunciation  of  his  rights  against  the  principal  debtor  made 
at  or  after  the  matui-ity  of  the  instnunent  discharges  the 
instrument.  But  a  renunciation  does  not  affect  the  rights  of 
a  holder  in  due  course  without  notice.  A  renunciation  must 
he  ill  writing,  uidess  the  insti'ument  is  delivered  up  to  the 
l)ers()ri  ])riiii;irily  liable  lliei'eou. 
See  note  to  S  308L'. 


85  CIVIL  CODE.  §§3204-3206 

§  3204.  Cancellation.  A  cancellation  made  unintention- 
ally, or  under  a  mistake  or  without  the  authority  of  the  holder, 
is  inoperative;  but  where  an  instrument  or  any  signature 
thereon  appears  to  have  been  canceled  the  burden  of  proof 
lies  on  the  party  who  alleges  tliat  the  cancellation  was  made 
unintentionally,  or  under  a  mistake  or  without  authority. 
See  note  to  §  3(IS2. 

§  3205.  Alteration.  Where  a  negotiable  insti-ument  is 
materially  altered  Avithout  the  assent  of  all  parties  liable 
thereon,  it  is  avoided,  except  as  against  a  party  who  has  him- 
self nmde,  authorized  or  assented  to  the  alteration,  and  sub- 
sequent indorsers. 

But  when  an  instrument  has  been  materially  altered  and  is 
in  the  hands  of  a  holder  in  due  course,  not  a  party  to  the 
alteration,  he  may  enforce  payment  thereof  according  to  its 
original  tenor. 

See  note  to  §  3082. 

§  3206.    Material  alteration.    Any  alteration  which  changes— 

(1)  The  date; 

(2)  The  sum  payable,  either  for  principal  or  interest; 

(3)  The  time  or  place  of  payment ; 

(4)  The  number  or  the  relations  of  the  parties ; 

(5)  The  medium  or  currency  in  which  payment  is  to  be 
made ; 

Or  which  adds  a  place  of  payment  Avhere  no  place  of  pay- 
ment is  specified,  or  any  other  change  or  addition  which  alters 
the  effect  of  the  instrument  in  any  respect,  is  a  material  altera- 
tion. 

See  note  to  §  3082. 


i§  3207-3211  CIVIL  CODE.  86 


CHAPTER  II. 
Bills  of  Exchange. 
Article        I.     Form  and  Interpretation,  §§  3207-3212. 
II.     Acceptance,  §§  3213-3223. 

III.  Presentment  for  Acceptance,  §§  3224-3232. 

IV.  Protest,  §§  3233-3241. 

V.     Acceptance  for  Honor,  §§  3242-3251. 
VI.     Payment  for  Honor,  §§  3252-3258. 
VII.     Bills  in  a  Set,   §§  3259-3264. 

AETICLE  I. 

Form  and  Interpretation. 

§  3207.  Bill  of  exchange  defined. 

§  3208.  Bill  not  an  assignment  of  funds  in  hands  of  drawee. 

§  3209.  Bill  addressed  to  more  than  one  drawee. 

§  3210.  Inland  and  foreign  bills  of  exchange. 

§  3211.  When  bill  may  be  treated  as  promissory  note. 

§  3212.  Eeferee  in  case  of  need. 

§  3207.  Bill  of  exchange  defined.  A  bill  of  exchange  is  an 
unconditional  order  in  writing  addressed  by  one  person  to 
another,  signed  by  the  person  giving  it,  requiring  the  person 
to  whom  it  is  addressed  to  pay  on  demand  or  at  a  fixed  or 
determinable  future  time  a  sum  certain  in  money  to  order  or 
to  bearer. 

See  note  to  §  3082. 

§  3208.     Not  an  assignment  of  funds.     A  bill  of  itself  does 
not  operate  as  an  assignment  of  the  funds  in  the  hands  of  the 
drawee  available  for  the  payment  thereof,  and  the  drawee  is 
not  liable  on  the  bill  unless  and  until  he  accepts  the  same. 
See  note  to  §  3082. 

§  3209.     Addressed  to  more  than  one  drawee.     A  bill  may  be 
addressed  to  two  or  more  drawees  jointly,  whether  they  are 
partners  or  not ;  but  not  to  two  or  more  drawees  in  the  alterna- 
tive or  in  succession. 
See  note  to  §  3082. 

§  3210.  Inland  and  foreign  bills.  An  inland  bill  of  ex- 
change is  a  ])ill  which  is,  or  on  its  face  purports  to  be,  both 
drawn  ami  payable  within  this  state.  Any  other  bill  is  a 
foreign  bill.  Unless  the  contrary  appears  on  the  face  of  the 
bill,  the  holder  may  treat  it  as  an  iiilaiul  bill. 
Sceiiotc  to  §  3082. 

§  3211.  Bill  treated  as  promissory  note.  Wliere  in  a  bill 
drawer  aii<l  drawee  are  the  same  person,  or  where  the  drawee 


87  CIVIL  CODE.  §§3212-3215 

is  a  fictitious  person,  or  a  person  not  having  capacity  to  con- 
tract, the  holder  may  treat  the  instrument,  at  his  option,  either 
as  a  bill  of  exchange  or  a  promissory  note. 

See  note  to  §  3082. 

§  3212.  Referee  in  case  of  need.  The  drawer  of  a  bill  and 
any  indorser  may  insert  thereon  the  name  of  a  person  to  whom 
the  holder  may  resort  in  case  of  need,  that  is  to  say  in  case 
the  bill  is  dishonored  by  nonacceptance  or  nonpayment.  Such 
person  is  called  the  referee  in  case  of  need.  It  is  in  the  option 
of  the  holder  to  resort  to  the  referee  in  case  of  need  or  not 
as  he  may  see  fit. 
See  note  to  §  §082. 

ARTICLE'  II. 
Acceptance. 

§  3213.  Acceptance;  how  made,  etc. 

§  3214.  Holder  entitled  to  acceptance  on  face  of  bill. 

§  3215.  Acceptance  by  separate  instrument. 

§  3216.  Promise  to  accept;   when  equivalent  to  acceptance. 

§  3217.  Time  allowed  drawee  to  accept. 

§  3218.  Liability  of  drawee  retaining  or  destroying  bill. 

§  3219.  Acceptance  of  incomplete  bill. 

§  3220.  Kinds  of  acceptances. 

§  3221.  What  constitutes  a  general  acceptance. 

§  3222.  Qualified  acceptance. 

§  3223.  Eights  of  parties  as  to  qualified  acceptance. 

§  3213.  Acceptance.  The  acceptance  of  a  bill  is  the  sig- 
nification by  the  drawee  of  his  assent  to  the  order  of  the 
drawer.  The  acceptance  must  be  in  writing  and  signed  by 
the  drawee.  It  must  not  express  that  the  drawee  will  per- 
form his  promise  by  any  other  means  than  the  payment  of 
money. 

See  note  to  §  3082. 

§  3214.     Holder  entitled  to  acceptance  on  face  of  bill.     The 

holder  of  a  bill  presenting  the  same  for  acceptance  may  require 
that  the  acceptance  be  written  on  the  bill  and,  if  such  request 
is  refused,  may  treat  the  bill  as  dishonored. 

See  note  to  §  3082. 

§3215.  Acceptance  by  separate  instrument.  Where  an  ac- 
ceptance is  written  on  a  paper  other  than  the  bill  itself,  it 
does  not  bind  the  acceptor  except  in  favor  of  a  person  to  whoni 
it  is  sliown  and  who,  on  the  faith  thereof,  receives  the  bill  for 
value. 

See  note  to  §3082. 


§§  3216-3222  civil  code.  88 

§  3216.     Promise  to  accept.     An   unconditional   promise   in 
Avriting-  to  accept  a  bill  before  it  is  drawn  is  deemed  an  actual 
acceptance  in    favor  of    every  person  who,  upon    the    faith  ■ 
thereof,  receives  the  bill  for  value. 

Soenote  to  I  3082. 

§3217.  Time  allov^^ed  drawee  to  accept.  The  drawee  is 
allowed  twenty-four  hours  after  presentment,  in  which  to 
decide  whether  or  not  he  will  accept  the  bill ;  but  the  accept- 
ance, if  given,  dates  as  of  the  day  of  presentation. 

See  note  to  §  .3082. 

§  3218.     Liability  of   drawee  retaining-   or   destroying   bill. 

Where  a  draAvee  to  whom  a  bill  is  dclivoi'ed  for  acceptance 
destroys  the  same,  or  refuses  within  twenty-four  hours  after 
such  delivery,  or  within  such  other  period  as  the  holder  may 
allow,  to  return  the  bill  accepted  or  nonaccepted  to  the  holder, 
he  will  be  deemed  to  have  accepted  the  same. 
See  note  to  §  3082. 

§  3219.  Acceptance  of  incomplete  bill.  A  bill  may  be 
accepted  before  it  has  been  signed  by  the  drawer,  or  while 
otherwise  incomplete,  or  when  it  is  overdue,  or  after  it  has 
been  dishonored  by  a  previous  refusal  to  accept,  or  by  non- 
payment. But  when  a  bill  payable  after  sight  is  dishonored 
by  nonacceptance  and  the  drawee  subsequently  accepts  it, 
the  holder  in  the  absence  of  any  different  agreement,  is  enti- 
tled to  have  the  bill  accepted  as  of  the  date  of  the  first  pre- 
sentment. 

See  note  to  §  3082. 

§  3220.  Kinds  of  acceptance.  An  acceptance  is  either  gen- 
eral or  qualified.  A  general  acceptance  assents  without  quali- 
fication to  the  order  of  the  drawer.  A  qualified  acceptance  in 
express  terms  varies  the  effect  of  the  bill  as  drawn. 

See  note  to  §  3082. 

§  3221.  Kinds  of  acceptance.  An  acceptance  to  pay  at  a 
pai-ti<Milai'  ])!a('('  is  a  general  aeeeptauee,  unless  it  expressly 
states  that  the  bill  is  to  be  paid  there  only  and  not  elsewhere. 

See  note  to  §  3il82. 

§3222.  Qualified  acceptance.  An  acceptance  is  qualified, 
.win eh  is — 

(])  ("onditional,  tliat  is  1  o  say,  which  makes  payment  by 
llie  aeeeptor  (h-pcndcnt  on  tiie  fulfillment  of  a  condition  therein 
stated; 


89  CIVIL  CODE.     •  §§3223,3224 

(2)  Partial,  that  is  to  say,  an  aeceptanee  to  pay  part  only 
of  the  amount  for  which  the  bill  is  drawn ; 

(3)  Local,  that  is  to  say,  an  acceptance  to  pay  only  at  a 
particular  place ; 

(4)  Qualified  as  to  time; 

(5)  The  acceptance  of  some  one  or  more  of  the  drawees, 
but  not  of  all. 

See  note  to  §  3082. 

§  3223.     Rights  of  parties  as  to  qualified  acceptances.     The 

holder  may  refuse  to  take  a  qualified  acceptance,  and  if  he 
does  not  obtain  an  unqualified  acceptance,  he  may  treat  the 
bill  as  dishonored  by  nonacceptance.  Where  a  qualified  accept- 
ance is  taken  the  drawer  and  indorsers  are  discharged  from 
liability  on  the  bill,  unless  they  have  expressly  or  impliedly 
authorized  the  holder  to  take  a  qualified  acceptance,  or  sub- 
sequently assent  thereto.  When  the  drawer  or  an  indorser 
receives  notice  of  a  qualified  acceptance,  he  must,  within  a 
reasonable  time,  express  his  dissent  to  the  holder,  or  he  will 
be  deemed  to  have  assented  thereto. 
Socnotcto  §  3082. 

AETICLE  III. 

Presentment  for  Acceptance. 

,  §  3224.  When  presentment  for  acceptance  must  be  made. 

§  3225.  When  failure  to  present  releases   drawer  and  indorser. 

§  3226.  Presentment;  how  made. 

§  3227.  On  what  days  presentment  may  be  made. 

§  3228.  Presentment  where  time  is  insufBeient. 

§  3229.  Where  presentment  is  excused. 

§  3230.  When  dishonored  by  nonacceptance. 

§  3231.  Duty  of  holder  where  bill  not  accepted. 

§  3232.  Eights  of  holder  where  bill  not  accepted. 

§  3224.  When  presentment  for  acceptance  must  be  made. 
Presentment  for  acceptance  must  be  made — 

(1)  Where  the  bill  is  payable  after  sight,  or  in  any  other 
case,  where  presentment  for  acceptance  is  necessary  in  order 
to  fix  the  maturity  of  the  instrument;  or 

(3)  Where  the  bill  expressly  stipulates  that  it  shall  be  pre- 
sented for  acceptance ;  or 

(3)  Where  the  bill  is  drawn  payable  elsewhere  than  at  the 
residence  or  place  of  business  of  the  drawee. 

In  no  other  ease  is  presentment  for  acceptance  necessary  in 
order  to  render  any  party  to  the  bill  liable. 
See  note  to  §  3082. 


§§  3225-3229  '    civil  code.  90 

§  3225.  Time  for  presentment.  Except  as  herein  otherwise 
provided,  the  holder  of  a  bill  which  is  required  by  the  next  pre- 
ceding section  to  be  presented  for  acceptance  must  either  pre- 
sent it  for  acceptance  or  negotiate  it  within  a  reasonable  time. 
If  he  fails  to  do  so,  the  drawer  and  all  indorsers  are  discharged. 
See  note  to  §  3082. 

§  3226.     To  whom  presentment  for  acceptance  must  be  made. 

Presentment  for  acceptance  must  be  made  by  or  on  behalf  of 
the  holder  at  a  reasonable  hour,  on  a  business  day  and  before 
the  bill  is  overdue,  to  the  drawee  or  some  person,  authorized 
to  accept  or  refuse  acceptance  on  his  behalf;  and — 

(1)  Where  a  bill  is  addressed  to  two  or  more  drawees  who 
are  not  partners,  presentment  must  be  made  to  them  all,  unless 
one  has  authority  to  accept  or  refuse  acceptance  for  all,  in 
which  case  presentment  may  be  made  to  him  only ; 

(2)  Where  the  drawee  is  dead,  presentment  may  be  made 
to  his  personal  representative ; 

(3)  Where  the  drawee  has  been  adjudged  a  bankrupt  or  an 
insolvent  or  has  made  an  assignment  for  the  benefit  of  cred- 
itors, presentment  may  be  made  to  him  or  to  his  trustee  or 
assignee. 

See  note  to  §3082. 

§  3227.  On  what  days  presentment  may  be  made.  A  bill, 
may  be  presented  for  acceptance  on  any  day  on  which  negoti- 
able instruments  may  be  presented  for  payment  under  the 
provisions  of  sections  three  thousand  one  hundred  fifty-four 
and  three  thousand  one  hundred  sixty-seven.  When  Saturday 
is  not  otherwise  a  holiday,  presentment  for  acceptance  may  be 
made  before  twelve  o'clock,  noon,  on  that  day. 
See  note  to  §  3082. 

§  3228.  Presentment  where  time  is  insufficient.  Where  the 
holder  of  a  bill  drawn  payable  elsewhere  than  at  the  place  of 
business  or  the  residence  of  the  drawee  has  not  time  with  the 
exercise  of  reasonable  diligence  to  present  the  bill  for  accept- 
ance before  presenting  it  for  payment  on  the  day  that  it  falls 
due,  the  delay  caused  by  presenting  the  bill  for  acceptance 
before  presenting  it  for  payment  is  excused  and  does  not  dis- 
charge the  drawers  and  indorsers. 

Sec  note  to  §  :',0S2. 

§  3229.  When  .presentment  is  excused.  Presentment  for 
acceptance  is  excused  and  a  bill  may  be  treated  as  dishonored 
by  nonacceptance,  in  eitlun-  of  the  following  cases: 


91  CIVIL  CODE.  §§3230-3233 

(1)  Where  the  drawee  is  dead,  or  has  absconded,  or  is  a 
fictitious  person  or  a  person  not  having  capacity  to  contract 
by  bill ; 

(2)  Where,  after  the  exercise  of  reasonable  diligence,  pre- 
sentment cannot  be  made ; 

(3)  Where,  although  presentment  has  been  irregular,  accept- 
ance has  been  refused  on  some  other  ground. 

See  note  to  §  3082. 

§  3230.  Bill  dishonored  by  nonacceptance.  A  bill  is  dishon- 
ored by  nonacceptance — 

(1)  When  it  is  duly  presented  for  acceptance  and  such  an 
acceptance  as  is  prescrilied  by  this  title  is  refused  or  cannot 
be  obtained;  or 

(2)  When  presentment  for  acceptance  is  excused  and  the 
bill  is  not  accepted. 

See  note  to  §  3082. 

§  3231.  Duty  of  holder  where  not  accepted.  Where  a  Inll 
is  duly  presented  for  acceptance  and  is  not  accepted  within 
the  prescribed  time  the  person  presenting  it  must  treat  the 
bill  as  dishonored  by  nonacceptance  or  he  loses  the  right  of 
recourse  against  the  drawer  and  indorsers. 
See  note  to  §  3082. 

§  3232.     Rights  of  holder  where  bill  not  accepted.     When  a 
bill  is  dishonored  by  nonacceptance,  an    immediate    right  of 
recourse   against  the   drawers   and   indorsers   accrues  to   the 
holder  and  no  presentment  for  payment  is  necessary. 
See  note  to  §3082. 

ARTICLE  IV. 

Protest. 

§  3233.  In  what  cases  protest  necessary. 

§  3234.  Protest;  how  made. 

§  3235.  Protest;  by  whom  made. 

§  3236.  Protest;  when  to  be  made. 

§  3237.  Protest;  where  made. 

§  3238.  Protest  both  for  nonacceptance  and  nonpayment. 

§  3239.  Protest  before   maturity   where   acceptor   insolvent. 

§  3240.  When  protest  dispensed  with. 

§  3241.  Protest  where  bill  is  lost,  etc. 

§  3233.  In  what  cases  protest  necessary.  Where  a  foreign 
bill  appearing  on  its  face  to  be  such  is  dishonored  by  non- 
acceptance,  it  must  be  duly  protested  for  nonacceptance,  and 
where  such  a  bill  which  has  not  previously  been  dishonored 


§§  3234-3238  civil  code.  92 

by  nonacceptance  is  dishonored  by  nonpayment,  it  must  be 
duLy  protested  for  nonpayment.  If  it  is  not  so  protested,  the 
draAver  and  indorsers  are  discharged.  Where  a  bill  does  not 
appear  on  its  face  to  be  a  foreign  bill,  protest  thereof  in  case 
of  dishonor  is  unnecessary. 
See  note  to  §  3082. 

§3234.  How  made.  The  protest  must  be  annexed  to  the 
bill,  or  must  contain  a  copy  thereof  and  must  be  under  the 
hand  and  seal  of  the  notary  making  it,  and  must  specify — 

(1)  The  time  and  place  of  presentment; 

(2)  The  fact  that  presentment  was  made  and  the  manner 
thereof ; 

(3)  The  cause  or  reason  for  protesting  the  bill; 

(4)  The  demand  made  and  the  answer  given,  if  any,  or  the 
fact  that  the  drawee  or  acceptor  could  not  be  found. 

See  note  to  §  30S2. 

§  3235.     By  whom  made.     Protest  may  he  made  by — 

(1)  A  notary  public;  or 

(2)  By  any  respectable  resident  of  the  place  where  the  bill 
is  dishonored,  in  the  presence  of  two  or  more  credible  wit- 
nesses. 

See  note  to  §  3082. 

§  3236.  When  made.  When  a  bill  is  protested,  such  pro- 
test must  be  made  on  the  day  of  its  dishonor,  unless  delay 
is  excused  as  herein  provided.  When  a  bill  has  been  duly 
noted,  the  protest  may  be  subsequently  extended  as  of  the 
date  of  the  noting. 

Sec  note  to  §  3082. 

§  3237.  Wliere  made.  A  bill  must  be  protested  at  the  place 
where  it  is  disbonoi'cd.  except  that  when  a  bill  drawn  payable 
at  the  place  of  business,  or  residence  of  some  person  other 
than  the  drawee,  has  been  dishonored  l)y  nonacceptance,  it 
must  be  protested  for  nonpayment  at  the  place  where  it  is 
expressed  to  1)C  payable,  and  no  further  presentment  for  pay- 
ment to,  or  demand  on,  the  drawee  is  necessary. 

See  note  lo  §  :!082. 

§  3238.     Protest  both  for  nonacceptance  and  nonpayment. 

A  hill  which  h;is  hccii  prolcslcd  lor  iu)nacc('i)t;iiH'c  iii;i\'  he  sul)- 
seqiM'iitiy  prolcstcd    U)V  iioiip;!  \iiicnt. 
See  note  to  §  3082. 


93  CIVIL  CODE.  §§  3239-3242 

§  3239.  Protest  before  maturity.  Where  the  acceptor  has 
been  adjudged  a  bankrupt  or  an  insolvent,  or  has  made  an 
assignment  for  the  benefit  of  creditors,  before  the  .bill  matures, 
the  holder  may  cause  the  bill  to  be  protested  for  better  security 
against  the  drawer  and  indorsers. 
8cc  note  to  §  ,-5082. 

§  3240.  When  dispensed  w^ith.  Protest  is  dispeusctl  with 
by  any  circumstances  which  would  dispense  with  notice  of 
dishonor.  Delay  in  noting  or  protesting  is  excused  when  delay 
is  caused  by  circumstances  beyond  the  control  of  the  holder 
and  not  imputable  to  his  default,  misconduct  or  negligence. 
When  the  cause  of  delay  ceases  to  operate,  the  bill  must  be 
noted  or  protested  with  reasonable  diligence. 
See  note  to  §  8082. 

§  3241.     When  bill  lost,  etc.     When  a  bill  is  lost  or  destroyed 
or  is  wrongly  detained  from  the  person  entitled  to  hold  it,  pro- 
test may  be  made  on  a  copy  or  written  particulars  thereof. 
See  note  to  §  3082. 

ARTICLE  V. 

Acceptance  for  Honor. 

§  3242.  Wheu  bill  may  be  accepted  for  honor. 

§  3243.  Acceptance  for  honor;  how  made. 

§  3244.  When  deemed  to  be  an  acceptance  for  honor  of  the  drawer. 

§  3245.  Liability  of  the  acceptor  for  honor. 

§  3246.  Agreement  of  acceptor  for  honor. 

§  3247.  Maturity  of  bill  payable  after  sight;  accepted  for  honor,  etc. 

§  3248.  Protest  of  bill  accepted  for  honor,  etc. 

§  3249.  Presentment  for  payment  to  acceptor  for  honor;  how  made. 

§  3250.  When  delay  in  making  presentment  is  excused. 

§  3251.  Dishonor  of  bill  by  acceptor  for  honor. 

§  3242.  Acceptance  for  honor.  Where  a  bill  of  exchange 
has  been  protested  for  dislionor  1)y  nonacceptance  or  protested 
for  better  security,  and  is  not  overdue,  any  person  not  being 
a  party  already  liable  thereon  may,  with  the  consent  of  the 
holder,  intervene  and  accept  the  bill  supra  protest  for  the 
honor  of  any  party  liable  thereon,  or  for  the  honor  of  the 
person  for  whose  account  the  bill  is  drawn.  The  acceptauee 
for  honor  may  be  for  the  part  only  of  the  sum  for  which  the 
bill  is  drawn ;  and  where  there  has  been  an  acceptance  for 
honor  for  one  party,  there  may  be  a  further  acceptance  b}^  a 
different  person  for  the  honor  of  another  party. 
Bee  note  to  §  3082. 


§§  3243-3249  civil  code.  94 

§  3243.  How  made.  An  acceptance  for  honor  supra  pro- 
test must  be  in  writing,  and  indicate  that  it  is  an  acceptance 
for  honor,  and  must  be  signed  by  the  acceptor  for  honor. 

See  note  to  §  3082. 

§  3244.  What  deemed  to  be  an  acceptance  for  honor  of  the 
drawer.  Where  an  acceptance  for  honor  does  not  expressly 
state  for  whose  honor  it  is  made,  it  is  deemed  to  be  an  accept- 
ance for  the  honor  of  the  drawer. 

See  note  to  §  3082. 

§  3245.  Liability  of  acceptor.  The  acceptor  for  honor  is 
liable  to  the  holder  and  to  all  parties  to  the  bill  subsequent  to 
the  party  for  whose  honor  he  has  accepted. 

See  note  to  §  3082. 

§  3246.  Agreement  of  acceptor  for  honor.  The  acceptor  for 
honor,  by  such  acceptance  engages  that  he  will  on  due  pre- 
sentment pay  the  bill  according  to  the  terms  of  his  acceptance ; 
provided,  it  shall  not  have  been  paid  by  the  drawee ;  and  pro- 
vided, also,  that  it  shall  have  been  duly  presented  for  pay- 
ment and  protested  for  nonpayment  and  notice  of  dishonor 
given  him. 

See  note  to  §3082. 

§  3247.     Bill  payable  after  sight.     Where  a  bill  payable  after 
sight  is  accepted  for  honor,  its  maturity  is  calculated  from  the 
date  of  the  noting  for  nonacceptance  and  not  from  the  date  of 
the  acceptance  for  honor. 
See  note  to  §  3082. 

§  3248.  Protest.  Where  a  dishonored  ])ill  has  been  accepted 
for  honor  supra  protest  or  contains  a  reference  in  case  of  need, 
it  must  be  protested  for  nonpayment  before  it  is  presented  for 
payment  to  the  acceptor  for  honor  orYeferee  in  case  of  need. 

See  note  to  §3082. 

§  3249.  Presentment  to  acceptor.  Presentment  for  payment 
to  tbe  jiccoptor  for  houoi-  must  be  made  as  follows: 

(1)  If  it  is  to  be  presented  in  the  place  where  the  protest 
for  nonpayment  was  made,  it  must  be  presented  not  later  than 
the  day  following  its  maturity. 

(2)  If  it  is  to  be  presented  in  some  other-  place  than  the 
place  where  it  was  protested,  then  it  must  be  forwarded  within 


95  CIVIL  CODE.  §§  3250-3255 

the    time    specified    in   section    three    thousand    one   hundred 
eighty-six. 

See  note  to  §  3082. 

§  3250.     When    delay  in  making    presentment    is    excused. 
The  provisions  of  section  three  thousand  one  hundred  sixty- 
three  apply  where  there  is  delay  in  making  presentment  to  the 
acceptor  for  honor  or  referee  in  case  of  need. 
See  note  to  §  3082. 

§  3251.     Dishonor  of  bill  by  acceptor  for  honor.     When  the 
bill  is  dishonored  by  the  acceptor  for  honor  it  must  be  pro- 
tested for  nonpayment  by  him. 
See  note  to  §  3082. 

ARTICLE  VI. 
Payment  for  Honor. 

§  3252.  Who  may  make  payment  for  honor. 

§  3253.  Payment  for  honor;  how  made. 

§  3254.  Declaration  before  payment  for  honor. 

§  3255.  Preference  of  parties  offering  to  pay  for  honor. 

§  3256.  Effect  on  subsequent  parties  where  bill  is  paid  for  honor. 

§  3257.  Where  holder  refuses  to  receive  payment  supra  protest. 

§  3258.  Rights  of  payer  for  honor. 

§  3252.     Payment  for  honor.     Where  a  bill  has  been  pro- 
tested for  nonpayment,  any  person  may  intervene  and  pay  it 
supra  protest  for  the  honor  of  any  person  liable  thereon  or  for 
the  honor  of  the  person  for  whose  account  it  was  drawn. 
See  note  to  §  3082. 

§  3253.  Payment  for  honor,  how  made.  The  payment  for 
honor  supra  protest  in  order  to  operate  as  such  and  not  as  a 
mere  voluntary  payment  must  be  attested  by  a  notarial  act  of 
honor  which  may  be  appended  to  the  protest  or  form  an  ex- 
tension to  it. 

See  note  to  §  3082. 

§3254.     Declaration.     The   notarial  act   of  honor  must  be 
founded  on  a  declaration  made  by  the  payer  for  honor  or  by 
his  agent  in  that  behalf  declaring  his  intention  to  pay  the 
bill  for  honor  and  for  whose  honor  he  pays. 
See  note  to  §  3082. 

§  3255.     Preference  of  parties.     Wliere  two  or  more  persons 
offer  to  pay  a  bill  for  the  honor  of  different  parties,  the  person 
whose  payment  will  discharge  most  parties  to  the  bill  is  to  be 
given  the  preference. 
See  note  to  §  3082. 


§§  3256-32G1        ^  civil  code.  96 

§  3256.  Subsequent  parties  discharged.  Where  a  bill  has 
been  paid  for  honor,  all  parties  subsequent  to  the  party  for 
whose  honor  it  is  paid  are  discharged,  but  the  payer  for  honor 
is  subrogated  for,  and  succeeds  to,  both  the  rights  and  duties 
of  the  holder  as  regards  the  party  for  whose  honor  he  pays  and 
all  parties  liable  to  the  latter. 

.Scciiote  to  §  3082. 

§  3257.     Right  of  recourse  lost.     Where  the  holder  of  a  bill 
refuses  to  receive  payment  supra  protest,  he  loses  his  right  of 
recourse  against  any  party  who  would  have  been  discharged 
by  such  paj^ment. 
See  note  to  §  3082. 

§  3258.     Right  of  payer  for  honor.     The  payer  for  honor,  on 
paying  to  the  holder  the  amount  of  the  bill  and  the  notarial 
expenses  incidental  to  its  dishonor,  is  entitled  to  receive  both 
the  bill  itself  and  the  protest. 
See  note  to  §3082. 

ARTICLE  Vir. 
Bills  in  a  Set. 

§  32o9.     Bills  in  sets  constitute  one  bill. 

§  3260.     Eight  of  holders  where  different  parts  are  negotiated. 

§  3261.     Liability  of  holder  who  indorses  two  or  more  parts  of  a  set  to 

different  persons. 
§  3262.     Acceptance  of  bills  drawn  in  sets. 
§  3263.     Payment  by  acceptor  of  bills  drawn  in  sets. 
§  3264.     Effect  of  discharging  one  of  a  set. 

§  3259.  Bills  in  sets  one  bill.  AVhere  a  bill  is  drawn  in  a 
set,  each  part  of  the  set  being  numbered  and  containing  a 
reference  to  the  other  parts,  the  whole  of  the  parts  constitutes 
one  bill. 

See  note  to  §  3082. 

§  3260.     Where  different  parts  are  negotiated.     Where  two 

or  moi-e  i)afts  of  ;i  set  arc  iicgotuitcd  to  different  holders  in 
due  course,  the  holder  whose  title  fii'st  acci'ues  is  as  between 
such  holders  the  true  owner  of  tlu^  bill.  But  fu)thing  in  this 
section  affects  the  rights  of  a  person  wlio  in  (]\\v  course  accepts 
or  pays  the  part  first  presented  to  him. 
See  note  to  §  3082. 

§3261.  Liability  of  holder.  Wlieic  tlu'  holdci'  of  a  set  in- 
dorses two  or  more  parts  1o  dilfei-ent  ix'i'sous  he  is  liable  on 
every  such  part,  and  every  iudorser  suhsecpient  to  him  is  liable 


97  CIVIL  CODE.  §§  3262-3265a 

on  the  part  he  has  himself    indorsed,  as  if    such  parts  were 
separate  bills. 

See  note  to  §3082. 

§  3262.  Acceptance.  The  acceptance  may  be  written  on  any 
part  and  it  must  be  written  on  one  part  only.  If  the  drawee 
accepts  more  than  one  part,  and  such  accepted  parts  are  nego- 
tiated to  different  holders  in  due  course,  he  is  liable  on  every 
such  part  as  if  it  were  a  separate  bill. 
See  note  to  §  3082. 

§  3263.  Pajonent  by  acceptor.  When  the  acceptor  of  a  bill 
drawn  in  a  set  pays  it  without  requiring  the  part  being  his 
acceptance  to  be  delivered  up  to  him,  and  that  part  at  maturity 
is  outstanding  in  the  hands  of  a  holder  in  due  course,  he  is 
liable  to  the  holder  thereon. 
See  note  to  §  3082. 

§  3264.  Whole  bill  discharged.  Except  as  herein  otherwise 
provided  where  any  one  part  of  a  bill  drawn  in  a  set  is  dis- 
charged by  payment  or  otherwise  the  whole  bill  is  discharged. 

See  note  to  §3082. 

CHAPTER  III. 
Promissory  Notes  and  Checks. 

AETICLE  I. 

§  3265.     Promissory  note  defined. 

§  3265a.  Cheek  defined. 

§  3265b.  Within  what  time  a  check  must  be  presented. 

§  3265c.  Certification  of  check;  effect  of. 

§  3265d.  Effect  where  the  holder  of  check  procures  it  to  be  certified. 

§  3265e.  When  check  operates  as  an  assignment. 

§  3265.  Promissory  note  defined.  A  negotiable  promissory 
note  within  the  meaning  of  this  title  is  an  unconditional  prom- 
ise in  writing  made  by  one  person  to  another  signed  by  the 
maker  engaging  to  pay  on  demand,  or  at  a  fixed  or  determin- 
able futnre  time,  a  snm  certain  in  money  to  order  or  to  bearer. 
Where  a  note  is  drawn  to  the  maker's  own  order,  it  is  not 
complete  until  indorsed  by  him. 
See  note  to  §  3082. 

§  3265a.  Check  defined.  A  check  is  a  bill  of  exchange 
drawn  on  a  bank  payable  on  demand.     Except  as  herein  other- 

7 


§§  3265b-3266  civil  code.  98 

wise  provided,  the  provisions  of  this  title  applicable  to  a  bill 
of  exchange  payable  on  demand  apply  to  a  check. 
See  note  to  §  3082. 

§  3265b.  Time  for  presenting  check.  A  check  must  be  pre- 
sented for  payment  within  a  reasona'de  time  after  its  issue 
or  the  drawer  will  be  discharged  from  liability  thereon  to  the 
extent  of  the  loss  caused  by  the  delay. 

See  note  to  §  '6082. 

§  3265c.  Certified  check.  AVhere  a  check  is  certified  by  the 
bank  on  which  it  is  drawn,  the  certification  is  equivalent  to  an 
acceptance. 

See  note  to  §  3082. 

§  3265d.     Effect  of  acceptance  or  certification.     Where  the 
holder  of  a  check  procures  it  to  be  accepted  or  certified  the 
drawer  and  all  indorsers  are  discharged  from  liability  thereon. 
See  note  to  §  3082. 

§  3265e.  When  check  operates  as  assignment.  A  check  of 
itself  does  not  operate  as  an  assignment  of  any  part  of  the 
funds  to  the  credit  of  the  drawer  with  the  bank,  and  the  bank 
is  not  liable  to  the  holder,  unless  and  until  it  accepts  or  cer- 
tifies the  check. 

See  note  to  §3082. 

CHAPTER  IV. 
General  Provisions. 

ARTICLE  I. 
§3266.      Definitions  and  moaning  of  terms. 
§  32()()a.  I'crson  ]>iiniarily  liable  on  instrument. 
§  32(j(ib.  Reasonable  time,  what  constitutes. 

§  32G0c.  Time,   how   computed,   wlicu   last   day   falls   on    holiday. 
§  3266d.  Application  of  act. 

§3266.  Definitions.  In  this  title,  unless  the  context  other- 
wise requires — 

"Acce])tance"  uieaiis  an  aceeptnnce  completed  by  delivery 
or  Jiolification. 

"Action"  iii('lii(U'S  (•ouiitci'clniiii  ;nul  setoff. 

"Uank"  includes  any  person  or  association  of  persons  carry- 
ing on  the  business  of  banking,  whether  incorporated  or  not. 

"Bearer"  means  the  person  in  possession  of  a  bill  or  note 
wliicli  is  payjiblc  lo  Ix'ai'cr. 


99  CIVIL  CODE.  §§  3266a-3320 

''Bill"  moans  bill  of  exchange,  and  "note"  means  negoti- 
able promissory  note. 

"Delivery"  means  transfer  of  possession,  actual  or  con- 
sti'uctive,  from  one  person  to  another. 

"Holder"  means  the  payee  or  indorsee  of  a  bill  or  note,  who 
is  in  possession  of  it,  or  the  bearer  thereof. 

"Indorsement"    means    an    indorsement    completed    l)}^    de- 

li^'ery.  ,,     ,    j,iJ 

"Instrument"  means  negotiable*  instrument. 

"Issue"  means  the  first  delivery  of  the  instrument  complete 
in  form,  to  a  person  who  takes  it  as  a  holder. 

"Person"  includes  a  body  of  persons,  whether  incorporated 
or  not. 

"Value"  means  valuable  consideration. 

"Written"  includes  printed,  and  "writing"  includes  print. 
Sec  note  to  §  30S2. 

§  3266a.     Person  primarily  liable  on  instrument.     The  person 
"jirimarily "  liable  on  an  instrument  is  the  person  who  b}^  the 
terms  of  the  instrument  is  absolutely  required  to  jiay  the  same. 
All  other  parties  are  "secondarily"  liable. 
See  note  to  §  30S2. 

§  3266b.  Eeasonable  time,  what  constitutes.  In  determin- 
ing what  is  a  "reasonable  time"  or  an  "unreasonable  time," 
regard  is  to  be  had  to  the  nature  of  the  instrument,  the  usage 
of  trade  or  business  (if  any)  with  respect  to  such  instruments, 
and  the  facts  of  the  particular  case. 
Sec  note  to  §  3082. 

§  3266c.  Time,  how  computed  when  last  day  falls  on  holi- 
day. Where  the  day,  or  the  last  day,  for  doing  any  act  herein 
required  or  permitted  to  be  done  falls  on  Sunday  or  on  a  holi- 
day, the  act  may  be  done  on  the  next  succeeding  secular  or 
business  day. 

See  note  to  §  3082. 

§  3266d.  Application  of  act.  The  provisions  of  this  title  do 
not  apply  to  negotiable  instruments  made  and  delivered  prior 
to  the  taking  effect  hereof.  In  any  case  not  provided  for  in 
this  title  the  rules  of  law  and  equity  including  the  law-merchant 
shall  govern. 

See  note  to  §  3082. 

§  3320.  Liability  for  nonpayment  of  check.  No  bank  shall 
be  liable  to  a  depositor  because  of  the  nonpayment  through 


§3440  CIVIL  CODE.  100 

mistake  or  error,  and  without  malice,  of  a  check  which  should 
have  been  paid  unless  the  depositor  shall  allege  and  prove 
actual  damage  by  reason  of  such  nonpayment  and  in  such 
event  the  liability  shall  not  exceed  the  amount  of  damage 
so  proved.  [New  section  added  May  17,  1917;  Stats.  1917, 
p.  622.] 

§  3440.  Transfers  presumed  fraudulent.  Exceptions.  Re- 
cording of  notice  of  sale.  Sales  at  public  auction.  Transfers 
under  order  of  court.  Every  transfer  of  personal  property, 
other  than  a  thing  in  action,  or  a  ship  or  cargo  at  sea  or  in  a 
foreign  port,  and  every  lien  thereon,  other  than  a  mortgage, 
when  allowed  by  law,  and  a  contract  of  bottomry  or  respon- 
dentia, is  conclusively  presumed  if  made  by  a  person  having 
at  the  time  the  possession  or  control  of  the  property,  and  not 
accompanied  by  an  immediate  delivery,  and  followed  by  an 
actual  and  continued  change  of  possession  of  the  things  trans- 
ferred, to  be  fraudulent,  and  therefore  void,  against  those  who 
are  his  creditors  while  he  remains  in  possession,  and  the  suc- 
cessors in  interest  of  such  creditors,  and  against  any  persons 
on  whom  his  estate  devolves  in  trust  for  the  benefit  of  others 
than  himself,  and  against  purchasers  or  encumbrancers  in  good 
faith  subsequent  to  the  transfer;  provided,  however,  that  the 
provisions  of  this  section  shall  not  apply  to  the  transfer  of 
wines  in  the  wineries  or  wine  cellars  of  the  makers  or  owners 
thereof,  or  other  persons  having  possession,  care,  and  control 
of  the  same,  and  the  pipes,  casks,  and  tanks  in  which  the  said 
wines  are  contained,  which  transfers  shall  be  made  in  writing, 
and  certified  and  verified  in  the  same  form  as  provided  for 
chattel  mortgages,  and  which  shall  be  recorded  in  the  book  of 
miscellaneous  records  in  the  office  of  the  county  recorder  of 
the  county  in  which  the  same  are  situated ;  provided,  also,  that 
the  sale,  transfer,  or  assignment  of  a  stock  in  trade  (or  of 
such  a  quantity  of  a  stock  in  trade  as  to  be  substantially  a 
whole)  in  bulk,  or  in  any  manner  otherwise  than  in  the  or- 
dinary course  of  trade  and  in  the  regular  and  usual  practice 
and  method  of  business  of  the  vendor,  transferrer,  or  assignor, 
and  the  sale,  transfer,  assignment  or  mortgage  of  the  fixtures 
or  store  equipment  of  a  merchant,  will  be  conclusively  pre- 
sumed to  be  fraudulent  and  void  as  against  the  existing  cred- 
itors of  the  vendor,  transferrer,  assignor  or  mortgagor,  unless 
at  least  seven  days  Ijefore  the  consummation  of  such  sale,  trans- 
fer, assignment  or  mortgage  the  vendor,  transferrer,  assignor 
or  mortgagor,  or  the  intended  vendee,  transferee,  assignee,  or 
mortgagee,  shall  record  in  the  office  of  the  county  recorder  in 


101  CIVIL  CODE.  §  3440 

the  county  or  counties  in  which  the  said  stock  in  trade,  fix- 
tures or  equipment  are  situated  a  notice  of  said  intended  sale, 
transfer,  assignment  or  mortgage,  stating  the  name  and  ad- 
dress of  the  intended  vendor,  transferrer,  assignor  or  mort- 
gagor, and  the  name  and  address  of  the  intended  vendee, 
transferee,  assignee  or  mortgagee,  and  a  general  statement  of' 
the  character  of  the  merchandise  or  property  intended  to  be 
sold,  assigned,  transferred  or  mortgaged,  and  the  date  when 
and  the  place  where  the  purchase  price  or  consideration,  if 
any  there  be,  is  to  be  paid ;  provided,  nevertheless,  that  if  such 
intended  sale  is  to  be  at  public  auction  the  notice  above  re- 
quired to  be  recorded  shall  state  that  fact,  the  time,  terms, 
and  place  of  said  sale,  the  names  and  addresses  of  the  vendor 
and  auctioneer,  and  a  general  statement  of  the  character  of 
the  merchandise  or  property  intended  to  be  sold;  but  such 
sale  shall  in  no  event  occur  within  seven  days  of  the  date  of 
recordation  of  said  notice;  provided,  further,  that  the  pro- 
visions of  this  section  shall  not  apply,  or  extend  to  any  sale, 
transfer,  assignment  or  mortgage  made  under  the  direction  or 
order  of  a  court  of  competent  jurisdiction  or  by  any  executor, 
administrator,  guardian,  receiver,  or  other  officer  or  person 
acting  in  the  regular  and  proper  discharge  of  official  duty,  or 
in  the  discharge  of  any  trust  imposed  upon  him  by  law,  nor 
to  any  transfer  or  assignment,  statutory  or  otherwise,  made 
for  the  benefit  of  creditors  generally,  nor  to  any  sale,  transfer, 
assignment  or  mortgage  of  any  property  exempt  from  execu- 
tion.    [Amendment  approved  May  5,  1917;  Stats.  1917,  p.  255.] 


THE 

PENAL  CODE 

OF 

CALIFORNIA. 

AMENDMENTS  OF  1917. 

§  63.  United  States  senator,  candidates  for  must  not  give 
or  promise  pecuniary  aid  to  legislative  candidates.  [Re- 
pealed by  aet  approved  April  24,  1917;  Stats.  1917,  p.  170.] 

§  631/2-  Members  of  legislature  shall  not  accept  any- 
valuable  consideration.  [Repealed  hv  act  approved  Anril 
24,  1917;  Stats.  1917,  p.  170.] 

§  109a.  Escapes  from  state  hospitals.  Any  person  who 
willfully  assists  any  inmate  of  a  state  hospital  to  escape,  or 
in  an  attempt  to  escape  therefrom,  is  guilty  of  a  mis- 
demeanor. [New  section  added  May  5,  1917;  Stats.  1917, 
p.  275.] 

§  259.  Newspaper  articles  of  personal  character  must  be 
signed.  Penalty  for  violation.  Name  of  author  of  book  or 
news  agency  sufficient.  [Repealed  bv  act  approved  April 
24,  1917;  Stats.  1917,  p.  174.] 

§  270.     Penalty  for  not  furnishing  child  with  food,  etc. 

A  parent  of  eitlicr  a  legitimate  or  illegitimate  minor  child 
who  willfully  omits,  without  lawful  excuse  to  furnish 
necessary  food,  clothinj^",  shelter,  or  medical  attendance  for 
his  child,  is  punishable  by  imprisonment  in  the  state  prison, 
or  in  the  county  jail,  not  exceeding  two  years,  or  by  fine 
not  exceeding  one  thousand  dollars,  or  by  both.  The  su- 
perior court,  sitting  as  a  juvenile  court,  may  exercise  origi- 
nal jurisdiction  over  all  such  offenses.  [Amendment  ap- 
proved May  5,  1917;  Stats.  1917,  p.  252.] 

§  310.  Desecration  of  national  flag.  Pena,lty.  Any  per- 
son, firm  or  corporation,  who,  in  any  manner,  for  exhibition 

(103) 


§§  331-351a  PENAL  CODE.  104 

or  display,  puts,  places,  or  causes  to  be  placed,  an  inscrip- 
tion, picture,  device,  design,  symbol,  name,  advertisement, 
Avord,  letter,  character,  mark  or  notice  of  any  kind  whatso- 
ever, upon  any  flag  of  the  United  States,  or  ensign  evi- 
dently purporting  to  be  such  flag,  or  Avho  in  any  manner 
appends,  annexes  or  affixes  to  any  such  flag  any  inscription, 
picture,  device,  symbol,  name,  advertisement,  word,  letter, 
character,  mark  or  notice  whatsoever,  or  who  displays  or 
exhibits,  or  causes  to  be  displayed  or  exhibited,  any  flag 
of  the  United  States  or  ensign  purporting  to  be  such  flag, 
upon  Avhich  is  put,  attached,  annexed,  affixed  or  placed  in 
anj^  manner,  any  inscription,  picture,  design,  device,  sym- 
bol, name,  advertisement,  word,  letter,  mark  or  notice  what- 
soever, or  who  mutilates,  tramples  upon,  or  otherwise  de- 
faces or  defiles  any  such  flag,  said  flag  being  public  or 
private  property,  or  who  places  or  causes  to  be  placed  on 
any  manufactured  or  prepared  article  or  covering  of  said 
article,  such  flag  or  indication  of  such  flag,  or  who  uses  or 
causes  to  be  used  for  purposes  of  a  commercial  or  other 
trademark,  such  flag  or  indication  of  such  flag,  shall  be 
fined  not  more  than  two  hundred  dollars  or  imprisoned  not 
more  than  one  year,  or  both,  for  each  and  every  offense,  in 
the  county  jail  of  the  county  in  vrhich  the  trial  is  held; 
provided,  however,  that  flags  or  ensigns,  the  property  of 
and  used  in  the  service  of  the  United  States,  or  any  state, 
territory  or  District  of  Columbia,  may  have  inscriptions, 
names  of  actions,  battles,  skirmishes,  or  words^  marks  or 
symbols,  which  are  placed  thereon  pursuant  to  law  or 
authorized  regulations.  [Amendment  approved  April  5, 
1917;  Stats.  1917,  p.  43.] 

§  331.  Gambling'  in  houses  owned  or  rented.  Every 
person  who  knowingly  permits  any  of  the  games  mentioned 
in  section  three  hundred  thirty  and  section  three  hundred 
thirty  <i  of  this  code  to  be  played,  conducted,  or  dealt  in 
any  house  owned  or  rented  by  such  person,  in  whole  or  in 
pai-t,  is  punishable  as  provided  in  the  preceding  sections. 
[Amendment  approved  June  1.  1917;  Stats.  1917,  p.  1662.] 

§  351a.  Falsely  representing  goods  for  sale.  Written 
consent.  Any  person  who  sells,  attempts  to  sell,  ofl!ers  for 
saUi  or  assists  in  the  sale  of  any  goods,  product  or  output, 
and  who  willfully  ;ind  falsely  represents  such  goods,  pro- 
duct or  output  to  l)('  the  goods,  product  or  output  of 
aiiv    dealer,     iii;inur;ii-1ui'er    or    i)i-()(lneer,    other    than    the 


105  PENAL  CODE.  §§373-483 

true  dealer,  iiianiifaetiirer  or  producer,  or  any  member 
of  a  firm  or  any  officer  of  a  corporation,  Avho  knowingly 
permits  any  employee  of  such  firm  or  corporation  to 
sell,  offer  for  sale  or  assist  in  the  sale  of  any  goods, 
product  or  output  or  to  falsely  represent  such  goods,  pro- 
duct or  output  to  be  the  goods,  product  or  output  of  any 
dealer,  manufacturer  or  producer,  other  than  the  true 
dealer,  manufacturer  or  producer,  is  guilty  of  a  misde- 
meanor and  punishable  by  a  fine  of  not  less  than  fifty  dol- 
lars or  more  than  three  hundred  dollars,  or  by  imprisonment 
in  the  county  jail  for  not  less  than  twenty  or  more  than 
ninety  days,  or  both ;  provided,  however,  that  this  section 
shall  not  apply  to  any  person  who  sells  or  offers  for  sale 
under  his  own  name  or  brand  the  product  or  output  of 
another  manufacturer  or  producer  with  the  written  consent 
of  such  manufacturer  or  producer.  [New  section  added 
May  17,  1917;  Stats.  1917.  p.  570.1 

§  373.  Establishing'  or  keeping  pesthouses  within  cities, 
towns  or  villages.  [Enacted  February  14,  1872.  Repealed 
by  act  approved  April  5,  1917;  Stats.  1917,  p.  40  ' 

§  439.  Effecting  insurance  on  account  of  foreign  com- 
panies that  have  not  complied  with  the  laws  of  this  state. 
[Repealed  as  far  as  inconsistent  with  §  596  of  the  Political 
Code  by  act  approved  April  20,  1917;  Stats.  1917,  p.  150. 
See  Political  Code,  §  596.]       . 

§  464.  Burglary  with  explosives.  1.  Any  person  who, 
with  intent  to  commit  ci-ime,  breaks  and  enters,  either  by 
day  or  by  night,  any  building,  whether  inhabited  or  not, 
and  opens  oi-  attempts  to  open  any  vault,  safe  or  other 
secure  place  by  use  of  nitroglycerine,  dynamite,  gunpowder 
or  any  other  explosive,  shall  be  deemed  guilty  of  burglary 
with  explosives. 

2.  Penalty.  Any  person  duly  convicted  of  l)urglary 
with  explosives  shall  be  punished  by  imprisonment  for  a 
term  of  not  less  than  twenty-five  nor  more  than  forty  years, 
[New  section  added  May  5,  1917;  Stats.  1917,  p.  273.] 

§  483.     Selling  ticket,  etc.,  to  person  not  entitled  to  use. 

Any  person,  firm,  corporation,  partnership,  or  association 
that  shall  sell  to  another  any  ticket,  pass,  scrip,  mileage  or 
commutation  book,  coupon,  or  other  instrument  for  pas- 
sage on  a  common  carrier,  for  the  use  of  any  person  not 


§§  499a-506a  penal  code.  106 

entitled  to  use  the  same  according  to  the  terms  thereof,  or 
of  the  book  o-r  portion  thereof  from  which  it  was  detached, 
shall  be  guilty,  of  a  misdemeanor.  •  TXew  section  added 
May  31,  1917;  Stats.  1917,  p.  1401.] 

§  499a.  Stealing-  electricity  misdemeanor.  Every  per- 
son who  shall  Avjllfiilly,  and  knowingly  with  intent  to  iji- 
jure  or  defraud,  make  or  cause  to  be  made  any  connection 
in  any  manner  whatsoever  with  any  electric  wire  or  electric 
appliance  of  any  character  Avhatsoever  operated  by  any 
person,  persons  or  corporation  authorized  to  generate, 
transmit  and  sell  electric  current,  or  who  shall  so  AvillfuUy 
and  knowingly  Avith  intent  to  injure  or  defraud,  use  or 
cause  to  be  used  any  such  connection  in  such  manner  as  to 
supply  any  electric  current  for  heat  or  light  or  poAver  to 
any  electric  lamp,  or  apparatus  or  device,  by  or  at  which 
electric  current  for  heat  or  light  or  power  is  consumed  or 
otherwise  used  or  Avasted,  Avithout  passing  through  a  meter 
for  the  measuring  and  registering  of  the  quantity  passing 
through  such  electric  Avire  or  apparatus,  or  AAdio  shall, 
knoAvingly  and  Avith  like  intent  injure,  alter  or  procure  to 
be  injured  or  altered  any  electric  meter,  or  obstruct  its 
Avorking",  or  procure  the  same  to  be  tampered  AA'ith  or  in- 
jured, or  use  or  cause  to  be  used  any  electric  meter,  or  ap- 
pliance so  tampered  Avith  or  injured,  shall  be  deemed  guilty 
of  a  misdemeanor.  [Amendment  approved  April  20,  1917; 
Stats.  1917,  p.  150.] 

§  504a.  Fraudulent  removal  of  leased  property  embez- 
zlement. Evci'V  person  Avho  shall  fraudulently  remoA^e, 
conceal  or  dispose  of  any  goods,  chattels  or  effects,  leased 
01-  let  to  him  by  any  instrument  in  Avriting,  or  any  personal 
property  or  effects  of  another  in  his  possession,  under  a 
contract  of  purchase  not  yet  fulfilled,  and  any  person  in 
possession  of  such  goods,  chattels,  or  effects  knoAving  tbem 
to  be  subject  to  such  lease  or  contract  of  purchase  who  shall 
so  remoA^e,  conceal  or  dispose  of  the  same  Avith  intent  to 
injure  or  defraud  the  lessor  or  oAvner  thereof,  is  guilty  of 
embezzlement.  [NcAV  section  added  ]\Jay  5,  1917;  Stats. 
1!)]7,  p.  L>7;].] 

§  506a.  Collector  defined.  Any  person  Avho,  acting  as 
collector,  or  acting  in  any  capacity  in  or  about  a  business 
conducted  for  the  collection  of  accounts  or  debts  OAving  by 
anotlier  person,  and  avIio  A-iolates  tbe  ]U'ovisions  of  section 


107  TENAL  CODE.  §§  537d-561 

five  hundred  six  of  tlie  Penal  Code,  shall  be  deemed  to  be 
an  a^ent  or  person  as  defined  in  said  section  five  hundred 
six  of  the  Penal  Code,  and  subject  for  a  violation  of  the 
provisions  of  said  section  five  hundred  six  of  the  Penal 
Code,  to  be  prosecuted,  tried,  and  punished  in  accordance 
therewith  and  with  law ;  and  the  word  collector  herein  set 
forth  shall  also  include  and  be  held  to  mean  every  such 
person  who  collects,  or  who  has  in  his  possession  or  under 
his  control  property  or  money  for  the  use  of  any  other  per- 
son, whether  in  his  owni  name  and  mixed  Avith  his  own 
property  or  money,  or  otherwise,  or  whether  he  has  any 
interest,  direct  or  indirect,  in  or  to  such  property  or  money, 
or  any  portion  thereof,  and  who  fraudulently  appropriates 
to  his  own  use,  or  the  use  of  any  person  other  than  the 
true  ownier,  or  person  entitled  thereto,  or  secretes  such 
property  or  money,  or  any  portion  thereof,  or  interest 
therein  not  his  own,  Avith  a  fraudulent  intent  to  appropriate 
it  to  any  use  or  purpose  not  in  the  due  and  laAvful  execution 
of  his  trust.  [New  section  added  May  24,  1917 ;  Stats.  1917, 
p.  931.] 

§  537d.  Removing"  automobile  subject  to  lien  misde- 
meanor. Any  person  Avho  surreptitiously  or  by  false  pre- 
tenses obtains  or  removes  from  any  garage  or  repair  shop 
any  automobile  or  other  personal  property  upon  wdiich  the 
proprietor  or  manager  thereof  Avould  be  entitled  to  a  lien, 
pursuant  to  the  provisions  of  section  three  thousand  fifty- 
one  of  the  Civil  Code,  is  guilty  of  a  misdemeanor.  [New 
section  added  May  7,  1917;  Stats.  1917,  p.  2-91.] 

§  561.  Frauds  by  bank  officers,  etc.  An  officer,  director, 
agent,  teller,  clerk  or  employee  of  any  bank,  Avho,  either, 

1.  Knowingly  overdraws  his  account  Avith  such  bank  and 
thereby  obtains  the  money,  notes  or  funds  of  any  such  bank ; 
or 

2.  Asks  for,  receives,  or  consents  or  agrees  to  receive,  any 
commission,  emolument,  gratuity  or  reward,  or  any  promise 
of  any  commission,  emolument,  gratuity  or  rcAvard,  or  any 
money,  property  or  thing  of  value  or  of  personal  advantage 
for  procuring  or  endeaA'oring  to  procure  for  any  jDerson, 
firm  or  corporation,  any  loan  from,  or  the  purchase  or  dis- 
count of  any  paper,  note,  draft,  check  or  bill  of  exchange 
by  any  such  bank,  or  for  permitting  any  person,  firm  or 
corporation  to  AvithdraAv  any  account  with  such  bank,  is 
guilty  of  a  felony.  [Amendment  approved  May  17,  1917; 
Stats.  1917,  p.  579.] 


§§  561a-561d  penal  code.  108 

§  561a.  Any  officer,  director,  trustee,  employee  or  agent 
of  any  bank  in  this  state,  who  abstracts  or  willfully  mis- 
applies any  of  the  money,  funds  or  property  of  such  bank, 
or  willfully  misapplies  its  credit,  is  guilty  of  a  felony. 
Nothing  in  this  section  shall  be  deemed  or  construed,  to 
repeal,  amend  or  impair  any  existing  provision  of  law  pre- 
scribing a  punishment  for  any  such  offense.  [New  section 
added  May  17,  1917;  Stats.  1917,  p.  579.] 

§  561b.  Frauds  by  director  of  bank.  Every  director  of 
a  bank  in  this  state  who 

1.  In  case  of  the  fraudulent  insolvency  of  such  bank, 
shall  have  participated  in  such  fraud ;  or 

2.  Willfully  does  any  act  as  such  director  which  is  ex- 
pressly forbidden  by  law  or  willfully  omits  to  perform  any 
duty  imposed  upon  him  as  such  director  by  law,  is  guilty  of 
a  misdemeanor. 

The  insolvency  of  a  bank  is  deemed  fraudulent  unless  its 
affairs  appear  upon  investigation  to  have  been  administered 
clearly,  legally  and  with  the  same  care  and  diligence  that 
agents  receiving  a  compensation  for  their  services  are 
bound,  by  law,  to  observe.  [New  section  added  May  17, 
1917;  Stats.  1917,  p.  579.] 

§  561c.     Guaranty   in    sum    beyond    legal   amount.    An 

officer  or  agent  of  any  bank  in  this  state,  who  makes  or  de- 
livers any  guaranty  or  indorsement  on  behalf  of  such  bank, 
whereby  it  may  become  liable  upon  any  of  its  discounted 
notes,  bills  or  obligations,  in  a  sum  beyond  the  amount  of 
loans  and  discounts  which  such  bank  may  legally  make,  is 
guilty  of  a  misdemeanor.  [New  section  added  Mav  17, 
1917;  Stats.  1917,  p.  580.] 

§  561d.  Loan  to  director.  Deposit  with  corporation  to 
make  loan.  Concealing"  accounts  or  loans.  A  director  of  a 
bank,  organized  under  the  laws  of  this  state,  who  concurs 
in  any  vote  or  act  of  the  directors  of  such  corporation,  or 
any  of  them,  by  which  it  is  intended  to  make  a  loan  or  dis- 
count to  any  director  of  such  corporation,  or  upon  paper 
upon  which  any  such  director  is  liable  or  responsible  to  an 
amount  exceeding  the  amount  allowed  by  the  statutes;  or 

Any  director,  trustee,  officer  or  employee  of  any  such 
bank  who  makes  or  maintains,  or  attempts  to  make  or  main- 
tain, a  deposit  of  such  bank's  funds  with  any  other  corpora- 
tion on  condition,  or  with  the  understanding,  express  or 
implied,  that  the  corporation  receiving  such  deposit  make  a 


109  PENAL  CODE.  §§  563a,  563b 

loan  or  advance,  directly  or  indirectly,  to  any  director, 
trustee,  officer  or  employee  of  the  corporation  so  making  or 
maintaining  or  attempting  to  make  or  maintain  such 
deposit;  or 

Any  officer  or  employee  of  any  such  bank  who  inten- 
tionally conceals  from  the  directors  or  trustees  of  such 
bank  any  discounts  or  loans  made  by  it  between  the  regular 
meetings  of  its  board  of  directors  or  trustees,  or  the  pur- 
chase of  any  securities  or  the  sale  of  its  securities  during 
the  same  period,  or  knowingly  fails  to  report  to  the  board 
of  directors  or  trustees  when  required  to  do  so  by  law,  all 
discounts  or  loans  made  by  it  and  all  securities  purchased 
or  sold  by  it  between  the  regular  meetings  of  its  board  of 
directors  or  trustees,  is  guilty  of  a  misdemeanor. 

Nothing  in  this  section  shall  render  any  loan  made  by  the 
directors  of  any  bank,  in  violation  thereof,  invalid.  [New 
section  added  May  17,  1917;  Stats.  1917,  p.  580.] 

§  563a.  False  entry.  Any  officer,  director,  trustee,  em- 
ployee or  agent  of  any  bank  organized  under  the  laws  of 
this  state,  who  makes  a  false  or  untrue  entry  in  any  book 
or  any  report,  tag  or  statement,  of  the  business,  affairs  or 
condition,  in  whole  or  in  part,  of  such  corporation,  with 
intent  to  deceive  any  officer,  director  or  trustee  thereof,  or 
any  agent  or  examiner,  private  or  official,  employed  or  law- 
fully appointed  to  examine  into  its  condition  or  into  any 
of  its  affairs,  or  any  public  officer,  office  or  board  to  which 
such  bank  is  required  by  law  to  report,  or  which  has  au- 
thority by  law  to  examine  into  its  affairs  or  into  any  of  its 
affairs,  or  who,  with  like  intent,  willfully  omits  to  make 
a  new  entry  of  any  matter  particularly  pertaining  to  the 
business,  property,  affairs,  assets  or  accounts  of  such  bank 
in  any  book,  report,  statement,  or  tag  of  such  bank  made, 
written  or  kept,  or  required  to  be  made,  written  or  kept  by 
him  or  under  his  direction,  is  guilty  of  a  felony.  [New 
section  added  May  17,  1917;  Stats.  1917,  p.  579.] 

§  563b.     Circulating  false  rumors   regarding  bank.     Any 

person  who  willfully  and  knowingly  makes,  circulates  or 
transmits  to  another  or  others  any  statement  or  rumor, 
written,  printed  or  by  word  of  mouth,  which  is  untrue  in 
facts  and  is  directly  or  by  inference  derogatory  to  the 
financial  condition  or  affects  the  solvency  or  financial  stand- 
ing of  any  bank,  doing  business  in  this  state,  or  who  know- 
ingly counsels,  aids,  procures  or  induces  another  to  start, 


§§  599f-602  PENAL  CODE.  110 

transmit  or  circulate  any  such  statement  or  rumor,  is  guilty 
of  a  misdemeanor  punishable  by  a  fine  of  not  more  than  one 
thousand  dollars  or  by  imprisonment  for  not  more  than  one 
year,  or  both.  [New  section  added  April  11,  1917;  Stats. 
1917,  p.  92.] 

§  599f.  Penalty  for  killing  elk.  Every  person  who  will- 
fully kills  any  elk,  is  guilty  of  a  felony,  and  is  punishable 
by  imprisonment  in  the  state  prison  for  a  term  not  exceed- 
ing two  years  and  the  possession  of  any  elk  meat  shall  be 
prima  facie  evidence  of  a  violation  of  this  act.  [Amend- 
ment approved  April  5,  1917;  Stats.  1917,  p.  39.] 

§  602.  Malicious  injury  to  real  property.  Every  person 
"vvho  willfully  commits  any  trespass  by  either : 

(a)  Cutting  down,  destroying,  or  injuring  any  kind  of 
wood  or  timber  standing  or  growing  upon  the  lands  of 
another ; 

(b)  Carrying  away  any  kind  of  wood  or  timber  lying  on 
such  lands ; 

(c)  Maliciously  injuring  or  severing  from  the  freehold 
of  another  anything  attached  thereto,  or  the  produce 
thereof ; 

(d)  Digging,  taking,  or  carrying  away  from  any  lot  situ- 
ated within  the  limits  of  any  incorporated  city,  without  the 
license  of  the  owner  or  legal  occupant  thereof,  any  earth, 
soil,  or  stone ; 

(c)  Digging,  taking,  or  carrying  away  from  land  in  any 
city  or  toAvn,  laid  down  on  the  map  or  plan  of  such  city,  or 
otberwise  recognized  or  established  as  a  street,  alley, 
avenue,  or  park,  Avithout  the  license  of  the  proper  authori- 
ties, any  earth,  soil  or  stone ; 

(f)  Maliciously  tearing  down,  danmging,  mutilating  or 
destroying  any  sign,  signboard  or  notice  placed  upon,  or 
affixed  to,  any  property  belonging  to  the  state,  or  to  any 
city,  county,  city  and  county,  town  oi'  village,  by  the  state 
or  by  an  autoiuol)ile  association,  Avhich  sign,  signboard  or 
notice  is  intended  to  indicate  or  designate  a  road  or  roads, 
or  a  highway  or  highways,  or  is  intended  to  direct  travelers 
from  one  point  to  another;  or  putting  up,  affixing,  fasten- 
ing, printing,  or  painting  upon  any  property  belonging  to 
the  state,  or  to  any  city,  county,  town,  or  village,  or  dedi- 
cated to  the  public,  or  upon  any  property  of  any  person, 
witliout  license  from  the  owner,  any  notice,  advertisement, 
()!•  designation  of,  or  any  luime  for  any  connnodity,  whether 


.1 1 1  PENAL    CODE.  §  626 

for  sale  or  otherwise,  or  any  ])ieture,  sifi'ii,  oi'  deviee  in- 
tended to  call  attention  thereto ; 

(g)  Entering  upon  any  lands  OAvned  by  any  other  person 
whereon  oysters  or  other  shellfish  are  planted  or  growing; 
or  injuring,  gathering,  or  carrying  away  any  oysters  or 
other  shellfish  planted,  growing,  or  being  on  any  such  lands, 
whether  covered  l)y  water  or  not.  without  the  license  of  the 
owner  or  legal  occupant  thereof;  or  destroying  or  remov- 
ing, or  causing  to  be  removed  oi*  destroyed,  any  stakes, 
marks,  fences,  or  signs  intended  to  designate  the  boundaries 
and  limits  of  any  such  lands ; 

(h)  Willfully  opening,  tearing  down,  or  otherwise 
destroying  any  fence  on  the  inclosed  land  of  another,  or 
opening  any  gate,  bar,  or  fence  of  another  and  willfully 
leaving  it  open  without  the  permission  of  the  owner,  or 
maliciously  tearing  down,  mutilating,  or  destroying  any 
sign,  signboard,  or  other  notice  forbidding  shooting  on 
private  property ;  or 

(i)  Entering  any  inclosure  belonging  to,  or  occupied  by 
another,  for  the  purpose  of  hunting,  shooting,  killing,  or 
destroying  any  kind  of  game  within  such  inclosure,  with- 
out having  first  obtained  permission  from  the  OAvner  of 
such  inclosure ; 

Is  guilty  of  a  misdemeanor.  [Amendment  approved  May 
10,  1917;  Stats.  1917,  p.  319.] 

§  626.  Protection  of  ducks,  geese,  crane,  etc.  Valley  quail. 
Rabbit.  Mountain  quail.  Grouse.  Sag^ehen.  Every  per- 
son Avho,  betAveen  the  first  day  of  February  and  the  fif- 
teenth day  of  October,  both  dates  inclusive,  of  any  year, 
hunts,  pursues,  takes,  kills  or  destroys,  or  has  in  his  posses- 
sion, any  kind  of  Avild  duck,  or  goos?,  or  brant,  or  mud- 
hen,  or  gallinule,  or  Wilson  snipe ;  or  Avho,  at  any  time, 
takes,  kills  or  destroys,  or  has  in  his  possession,  any  rail,  or 
Avood  duck,  or  Avild  pigeon,  or  any  shore-bird,  except  Wil- 
son snipe,  or  any  sandhill  crane,  Avhooping  crane  or  little 
brown  crane ;  or  Avho,  betAveen  the  first  day  of  February 
and  the  fourteenth  day  of  November,  both  dates  inclusive, 
of  any  year,  hunts,  pursues,  takes,  kills,  or  destroys,  or  has 
in  his  possession,  any  desert  or  valley  quail,  or  cottontail  or 
brush  rabbit ;  or  Avho,  betAveen  the  first  day  of  December 
and  the  thirty-first  day  of  August,  both  dates  inclusive,  of 
the  folloAving  year,  hunts,  pursues,  takes,  kills,  or  destroys, 
or  has  in  his  possession,  any  mountain  quail;  or  Avho,  be- 
tAveen the  fifteenth  day  of  October  and  the  fourteenth  day 


§§  626a-626e  penal  code.  112 

of  September,  both  dates  inclusive,  of  the  year  following, 
hunts,  pursues,  takes,  kills,  or  destroys,  or  has  in  his  posses- 
sion, any  grouse  is  guilty  of  a  misdemeanor ;  or  who,  be- 
tween the  first  day  of  October  and  the  fourteenth  day  of 
August,  both  dates  inclusive,  of  the  year  following,  hunts, 
pursues,  takes,  kills  or  destroys,  or  has  in  his  possession  any 
sagehen,  is  guilty  of  a  misdemeanor;  provided,  that  in  fish 
and  game  district  number  four  every  person  who  at  any 
time  hunts,  pursues,  takes,  kills  or  destroys,  or  has  in  his 
possession  any  sagehen  is  guilty  of  a  misdemeanor;  pro- 
vided, further,  that  in  fish  and  game  districts  numbers  two, 
three  and  four,  and  any  fish  and  game  districts  lying  be- 
tween the  northern  boundary  of  Mendocino  county  and  the 
southern  boundary  of  San  Diego  county,  every  person,  who, 
betAveen  the  first  day  of  February  and  the  fourteenth  day 
of  November,  both  dates  inclusive,  of  any  year,  hunts,  pur- 
sues, takes,  kills,  or  destroys,  or  has  in  his  possession,  any 
mountain  quail  is  guilty  of  a  misdemeanor.  [Amendment 
approved  May  18,  1917;  Stats.  1917,  p.  652.] 

§  626a.     Dove-hunting    in  fish  and  g^ame  district  No.  1. 

Every  person  who,  between  the  first  day  of  December  and 
the  thirty-first  day  of  August  of  the  year  following  (both 
dates  inclusive),  hunts,  takes,  kills,  pursues  or  destroys  or 
has  in  his  possession  any  dove  is  guilty  of  a  misdemeanor; 
provided,  that  in  fish  and  game  district  number  one,  every 
person  who,  between  the  first  day  of  November  and  th^ 
thirty-first  day  of  July  of  the  year  following  (botb  dates 
inclusive),  of  any  year,  hunts,  takes,  kills,  pursues  or 
destroys,  or  has  in  his  possession,  any  dove,  is  guilty  of  a 
misdemeanor.  [Amendment  approved  April  5,  1917;  Stats. 
1917,  p.  38.] 

§  626e.    Hunting      female      deer,      etc.,      misdemeanor. 

1.  Every  j)ei'son  who  hunts,  pursues,  takes  or  destroys  or  has 
in  his  possession  any  female  deer,  spotted  fawn  or  spike 
buck,  antelope  or  mountain  sheep  is  guilty  of  a  misde- 
meanor. 

2.  Hunters   to   retain   portion    of   head   bearing   horns. 

Every  person  taking  oi-  killing  any  deer  must  retain  in 
his  possession  during  the  open  season  and  for  ten  days  after 
the  close  of  the  open  season  the  skin  and  portion  of  the  head 
bearing  the  horns  and  must  produce  this  upon  the  demand 
of  anv  officer  authoi-i/ed  to  enforce  the  fish  and  game  laws. 


113  PENAL  CODE.  §§  626j-626o 

Any  person  failing  to  comply  with  the  provisions  of  this 
section  is  guilty  of  a  inisdenieanor. 

3.  "Spiked  buck"  defined.  For  the  purpose  of  this  act, 
any  male  deer  Avith  unbranched  horns  or  antlers  shall  be 
considered  a  "spiked  buck."  [Amendment  approved  April 
5,  1917;  Stats.  1917,  p.  58.] 

§  626j.  Tracking-  deer  v^^ith  more  than  one  dog*  mis- 
demeanor. Every  person,  who,  owning,  controlling,  or 
having  in  his  possession  any  dogs,  suffers,  permits  or  allows 
more  than  one  of  said  dogs  to  run,  track  or  trail  any  deer 
at  any  time  during  the  open  season  that  deer  may  be  law- 
fully killed  is  guilty  of  a  misdemeanor. 

Every  person,  who,  owning,  controlling  or  having  in  his 
possession  any  dogs,  suffers,  permits  or  allows  any  of  said 
dogs  to  run,  track  or  trail  any  deer  during  the  closed  season 
for  the  taking  of  deer  is  guilty  of  a  misdemeanor.  [Amend- 
ment approved  April  5,  1917 ;  fStats.  1917,  p.  59.] 

§  6261.  Permission  to  take  fish  and  game  for  scientific 
purposes.  Nothing  in  this  chapter,  nor  the  Penal  C^ode, 
shall  prohibit  the  possession  or  the  taking  alive  for  scien- 
tific, educational  or  propagation  purposes  any  of  the  wild 
game  birds  or  game  mammals  or  fishes  of  this  state ;  pro- 
vided, however,  permission  to  take,  kill  and  possess  said 
wild  game  birds,  game  mammals  or  fishes  for  said  purposes 
shall  have  been  first  obtained  in  writing  from  the  state 
board  of  fish  and  game  commissioners,  and  said  permit 
shall  accompany  the  shipment  of  said  wild  game  birds  or 
game  mammals  _or  fishes  and  shall  exempt  them  from  seiz- 
ure while  passing  through  any  part  of  this  state,  or  while 
in  possession,  in  accordance  with  said  permit. 

AH  game  birds  or  game  mammals  or  fish  taken  under  any 
permit  shall  be  taken  under  the  supervision  of  said  board. 
[Amendment  approved  April  16,  1917;  Stats.  1917,  p.  139.] 

§  626o.  Shooting-  ducks  from  launch  unlawful.  Every 
person  who,  in  the  state  of  California,  shoots  at  any  kind 
of  wild  duck  from  a  launch  or  other  boat  propelled  by 
steam,  gasoline,  naphtha,  electricity  or  other  power,  while 
said  launch  or  boat  is  in  motion,  is  guilty  of  a  misdemeanor ; 
provided,  that  in  fish  and  game  district  four  A  every  per- 
son who  shoots  at  any  kind  of  wild  duck  from  any  boat 
except  a  sailboat  or  rowboat  is  guilty  of  a  misdemeanor. 
[Amendment  approved  May  28,  1917;  Stats.  1917,  p.  1279.] 


§§  626p-fi26s  PENAL    CODE.  1 14 

§  626p.  Hunting-  beaver.  Penalty.  Every  person,  who 
takes,  catches  or  kills  or  has  in  his  possession  any  beaver, 
or  who  has  in  his  possession  any  green  Ijeaver  hides,  is 
gnilty  of  a  misdemeanor. 

(a)  Provided,  that  the  state  fish  and  game  commission 
may  in  writing  authorize  any  person  to  take,  catch  or  kill 
any  beaver,  when  notice  in  Avriting  is  given  the  state  fish 
and  game  commission  that  beavers  are  endangering  or 
destroying  the  levees  or  other  protective  works  of  any 
reclamation  district,  levee  district,  or  swamp-land  district. 

(b)  Provided,  further,  that  the  person  or  persons  so  tak- 
ing, catching  or  killing  any  such  beavers  shall,  within  ten 
days  thereafter,  report  in  writing  such  taking,  catching  or 
killing  and  the  place  thereof  to  the  state  fish  and  game  com- 
mission, and  the  state  fish  and  game  commission  may  there- 
upon issue  permission  in  writing  for  the  disposal  of  such 
hide  or  pelt  so  taken,  caught  or  killed. 

(c)  Provided,  further,  that  the  provisions  of  this  section 
shall  not  apply  to  the  skin  or  pelt  of  any  beaver  taken, 
caught  or  killed  in  any  other  state  or  country  in  which 
the  taking,  catching,  killing  and  sale  of  beavers  is  per- 
mitted. 

(d)  Every  person  found  guilty  of  a  violation  of  the  pro- 
visions of  this  section  must  be  fined  in  a  sum  not  less  than 
tAventy-five  dollars,  nor  more  than  five  hundred  dollars,  or 
imj)risonment  in  the  county  jail  of  the  county  in  which  the 
conviction  shall  be  had  not  less  than  twenty-five  days,  nor 
more  than  one  hundred  and  fifty  days,  or  by  both  such  fine 
and  imprisonment.  [Amendment  approved  April  5,  1917 ; 
Stats.  1917,  p.  39.] 

§  626r.  Penalty  for  sale  of  aigTettes,  etc.  Every  person 
who,  after  the  lii'st  day  of  November,  one  thousand  nine 
hundred  seventeen,  sells  or  offers  for  sale  or  has  in  his 
possession  for  sale  any  aigrette  or  egret,  osprey,  bird  of 
paradise,  goura,  or  numidi,  or  the  plume  feathers,  quills, 
head,  wings,  tail,  skin,  or  parts  of  skin,  raw  or  manufac- 
tured, of  the  said  aigrette  or  egret,  osprey,  bird  of  para- 
dise, goui-a  or  numidi,  shall  be  guilty  of  a  misdemeanor. 
[New  section  added  May  18,  1917;  Stats.  1917,  p.  662.] 

§  626s.  Protection  of  fish  and  g"ame  in  districts  one  A. 
etc.  Penalty.  Every  person  \\li(),  in  fish  and  game  dis- 
tricts miiiihci's  one  A,  one  P>,  one  (J,  one  D,  one  E,  one  F, 
one  G,  one  II,  oiu'  I,  <iih'  J,  one  K,  one  L,  two  A,  three  A, 


135  .  PENAL   CODE.  §  G26u 

three  B,  three  C,  three  D,  i'oiir  A,  four  B,  four  C,  foui-  D, 
four  E,  four  F,  Inints,  pursues,  takes,  catches,  kills, 
destroys,  or  has  iu  liis  ])ossession  auy  wild  bird  or  wild 
auimal,  excepting  the  ])redato]'y  hirds  and  animals  desig- 
nated in  this  chapter,  or  who,  within  the  ])oundaries  of  said 
fish  and  game  districts  numbers  one  A,  oiie  B,  one  C,  one  D, 
one  E,  one  F,  one  G,  one  H,  one  I,  one  J,  one  K,  one  L,  two 

A,  three  A,  three  B,  three  C,  three  D,  three  E,  four  A,  four 

B,  four  C,  four  D,  four  E,  hunts,  pursues,  takes,  catche.s, 
kills,  destroys,  or  has  in  his  possession  any  predatory  bird 
or  animal,  without  first  having  secured  written  permission 
from  the  board  of  fish  and  game  commissioners,  shall  be 
guilty  of  a  misdemeanor ;  provided,  that  nothing  in  this  act 
shall  prohibit  the  hunting,  pursuing  and  killing  of  water 
fowl  in  game  district  four  A,  in  accordance  with  the  pro- 
visions prescribed  in  this  chapter. 

Every  person  who,  in  fish  and  game  district  number 
twenty-six,  takes,  catches,  kills,  or  has  in  possession  any 
fish  is  guilty  of  a  misdemeanor. 

Every  person  found  guilty  of  a  violation  of  any  of  the 
provisions  of  this  section  shall  be  punishable  by  a  fine  of 
not  less  than  one  hundred  dollars  nor  more  than  five  hun- 
dred dollars,  or  by  imprisonment  in  the  county  jail  in  the 
county  in  Avhich  conviction  shall  be  had,  not  less  than  fifty 
days  nor  more  thali  one  hundred  fifty  days,  or  by  both  such 
fine  and  imprisonment.  All  fines  and  forfeitures  collected 
for  any  violation  of  any  of  the  provisions  of  this  section 
shall  be  paid  into  the  state  treasury  to  the  credit  of  the  fish 
and  game  preservation  fund.  Nothing  in  this  act  shall  pro- 
hibit the  fish  and  game  commission  or  persons  authorized 
by  them,  from  taking  at  all  times  and  in  any  manner  such 
fish  or  game  as  they  may  deem  necessary  for  scientific  pur- 
poses, or  purposes  of  propagation.  [Amendment  approved 
May  28,  1917;  Stats.  1917,  p.  1042.] 

§  626u.     Affidavit   when   shipping-   deer.     Penalty.     Any 

person  lawfully  killing  a  deer  during  the  open  season  may 
ship  such  entire  deer  to  any  part  of  the  .state  during  the 
open  season  for  the  killing  of  deer  in  the  district  in  Avliieh 
the  animal  is  killed,  provided  that  an  affidavit  is  made 
before  a  justice  of  the  peace  or  notary  public,  in  which 
ai^davit  is  set  forth  the  date  and  place  of  killing,  the  name 
and  address,  the  number  of  hunting  license  of  the  party 
killing  and  shipping  the  deer,  the  name  and  address  of  the 
party  to  whom  the  deer  is  shipped.     The  original  of  this 


§§  627a,  627b  penal  code.  116 

affida\dt  must  immediately  be  filed  with  the  fish  and  game 
commission  in  San  Francisco,  a  copy  attached  to  the  car- 
cass of  the  deer  shipped  and  a  copy  left  on  file  with  the 
notary  public  or  justice  of  the  peace  before  whom  the  affi- 
davit is  made.  After  such  deer  is  received  in  the  district 
in  which  the  season  is  closed,  if  it  is  desired  to  distribute 
it  to  two  or  more  persons,  the  receiver  must  at  once  file 
with  the  fish  and  game  commission  a  list  of  the  persons 
receiving  any  part  of  the  said  deer. 

Every  person  failing  to  comply  with  the  provisions  of  this 
act  shall  be  guilty  of  a  misdemeanor,  and  is  punishable  by  a 
fine  of  not  less  than  twenty-five  dollars  nor  more  than  five 
hundred  dollars,  or  by  imprisonment  in  the  county  jail,  in 
the  county  in  which  the  conviction  shall  be  had.  of  not  less 
than  twenty-five  days,  nor  more  than  one  hundred  and  fifty 
days,  or  by  both  such  fine  and  imprisonment ;  and  all  fines 
and  forfeitures  imposed  or  collected  for  any  violation  of 
any  of  the  provisions  of  this  section  shall  be  paid  into  the 
state  treasury,  to  the  credit  of  the  fish  and  game  preserva- 
tion fund.  [Amendment  approved  May  17,  1917;  Stats. 
1917,  p.  655.] 

§  627a.  Transportation  of  game  out  of  state  misde- 
meanor. Every  railroad  company,  express  company,  trans- 
portation company,  or  other  common  carrier,  its  officers, 
agents,  and  servants,  and  every  other  person  who  trans- 
ports, carries  or  takes  out  of  this  state,  or  Avho  receives  for 
the  purpose  of  transporting  from  this  state,  any  deer,  deer- 
skin, or  part  of  deerskin,  or  any  quail,  partridge,  pheasant, 
grouse,  or  sagehen  or  prairie-chicken,  dove,  wuld  pigeon,  or 
any  wild  duck,  wild  goose,  rail,  snipe,  ibis,  curley,  plover, 
or  other  shore-birds  (Limicolae),  except  for  the  purpose  of 
propagation  or  scientific  purposes,  under  a  permit,  in  writ- 
ing, first  obtained  from  the  board  of  fish  and  game  com- 
missioners of  the  State  of  California,  or  who  transports,  car- 
ries or  takes  from  the  state,  or  receives  for  the  purpose  of 
transportation  from  the  state,  the  carcass  of  any  such  ani- 
mal or  any  such  bird,  or  any  part  of  the  carcass  of  any 
such  animal  or  bird,  is  guilty  of  a  misdemeanor  [Amend- 
ment ap})roved  April  6,  1917;  Stats.  1917,  p.  77.] 

§  627b.  Shipment  of  more  than  limit  of  certain  game. 
pjvery  cominon  cai'rier,  its  officers,  agents  or  servants,  who 
receives  for  shipment  or  transportation,  or  who  ships  or 
transports,   for  any  one  person  during  any   one  calendar 


117  PENAL    CODE.  §  628 

day;  or  any  person  who  ships  or  offers  for  shipment  or 
transportation  during  any  one  calendar  day,  more  than  the 
bag  limit  of  wild  birds  or  wild  animals  or  fish  allowed  to  be 
taken,  caught,  killed  or  possessed  during  any  one  calendar 
day,  is  guilty  of  a  misdemeanor. 

Every  common  carrier,  its  officers,  agents  or  servants,  who 
receives  for  shipment  or  transportation,  or  who  ships  or 
transports  for  any  one  person,  between  sunrise  of  one  Sun- 
day and  sunrise  of  the  following  Sunday ;  or  any  person 
who  ships  or  offers  for  shipment  or  transportation  betAveen 
sunrise  of  one  Sunday  and  sunrise  of  the  following  Sunday, 
more  than  the  bag  limit  of  wild  birds  or  wild  animals  or 
fish  allowed  to  be  taken,  caught,  killed  or  possessed  be- 
tween sunrise  of  one  Sunday  and  sunrise  of  the  following 
Sunday,  is  guilty  of  a  misdemeanor. 

Every  common  carrier,  its  officers,  agents  or  servants, 
who  receives  for  shipment  or  transportation,  or  who  ships 
or  transports  for  any  one  person  during  any  one  season;  or 
any  person  who  ships  or  offers  for  shipment  or  transporta- 
tion during  any  one  season,  more  than  the  seasonal  bag 
limit  of  wild  birds  or  wild  animals  or  fish  allowed  to  be 
taken,  caught,  killed  or  possessed  during  any  one  season, 
is  guilty  of  a  misdemeanor. 

Every  common  carrier,  its  officers,  agents  or  servants, 
who  receives  for  shipment  or  transportation,  or  who  ships 
or  transports,  or  any  person  who  ships  or  offers  for  ship- 
ment or  transportation  any  wild  birds  or  wild  animals  or 
fish,  unless  the  same  are  at  all  times  in  open  view,  labeled 
with  the  name  and  residence  of  the  shipper  and  the  name 
and  residence  of  the  actual  consignee  and  the  exact  con- 
tents as  to  kind  and  species  of  wild  birds  or  wild  animals 
or  fish  contained  in  the  package  offered  for  shipment  or 
transportation;  or  any  person  who  ships  any  of  the  wild 
birds  or  wild  animals  or  fish  by  parcel  post  is  guilty  of  a 
misdemeanor. 

All  acts  and  parts  of  acts  inconsistent  with  this  act  are 
hereby  repealed.  [Amendment  approved  May  18,  1917; 
Stats.  1917,  p.  651.] 

§  628.  Protection  of  shrimp.  Spiny  lobster.  Crab. 
Caught  below  Mexican  boundary.  Every  person  who,  at 
any  time  offers  for  shipment  or  ships,  or  Avho  receives  for 
shipment  or  transportation  from  the  state  of  California  to 
any  place  in  any  other  state,  territory  or  foreign  country, 
or  who  has  in  his  possession,  for  any  purpose  any  dried 


§  628  PENAL   CODE.  118 

slirimii  or  shrimp  shells  of  shrimp  caught  or  taken  in  the 
waters  of  this  state,  shall  be  guilty  of  a  misdemeanor;  and 
be  it  provided,  that  the  possession  of  such  dried  shrimp  or 
shrimp  shells  for  any  pnrjDose  shall  be  prima  facie  evidence 
that  such  dried  shells  are  of  shrimp  which  were  caught  or 
taken  in  the  waters  of  this  state.  Every  person  who,  be- 
tween the  first  day  of  March  and  the  fourteenth  day  of 
October  inclusive  of  any  year,  takes,  catches,  kills,  has  in 
l)OSsession,  buys,  sells  or  offers  for  sale  any  spiny  lobster 
(Panulirus  interruptus),  or  who  at  any  time  takes,  catches, 
kills,  has  in  possession,  buys,  sells,  or  offers  for  sale  any 
spiny  lobster  (Panulirus  interruptus),  of  less  than  ten  and 
one-half  inches  or  more  than  sixteen  inches  in  length,  meas- 
ured from  one  extremity  to  the  other  and  exclusive  of  legs, 
claws  or  feelers,  shall  be  guilty  of  a  misdemeanor.  Every 
person  who,  at  any  time  takes,  catches,  kills,  has  in  his  pos- 
session, buys,  sells,  or  offers  for  sale  any  crab  (Cancer  magis- 
ter),  of  less  than  seven  inches  in  breadth  measured  straight 
across  the  back  from  point  to  point,  or  any  female  crab  (Can- 
cer magister),  or  who,  between  the  thirty-first  day  of  July 
and  the  fourteenth  day  of  November,  inclusive,  of  any  year, 
takes,  catches,  kills,  has  in  possession,  buys,  sells  or  offers 
for  sale  any  crab  (Cancer  magister),  shall  be  guilty  of  a 
misdemeanor.  Any  person  who  shall  at  any,  time,  pickle, 
can  or  otherwise  preserve  any  spiny  lobster  (Panulirus  in- 
terruptus) or  crab  (Cancer  magister)  or  who  shall  at  any 
time,  sell  any  spiny  lobster  (Panulirus  interruptus)  or  crab 
(Cancer  magister),  meat  not  in  the  shell  of  any  such  spiny 
lobster  (Panulirus  interruptus)  or  crab  (Cancer  magister) 
or  who  shall  bring  to  shore  any  part  or  portion  of  any  spiny 
lobster  (Panulirus  interruptus)  or  crab  (Cancer  magister) 
withont  the  remaining  portions  of  such  spiny  lobster  (Panu- 
lirus interruptus)  or  crab  (Cancer  magister)  in  such  condi- 
tion that  the  size  of  such  spiny  lobster  (Panulirus  inter- 
ruptus) or  crab  (Cancer  magister)  can  not  be  measured  shall 
be  guilty  of  a  misdemeanor. 

Every  person  who  ships  or  offers  for  sliipmcnt  or  trans- 
portation any  species  of  crab  taken  in  fish  and  game  districts 
five,  six,  seven,  seven  A,  eight  and  nine,  is  guilty  of  a  misde- 
meanor. 

None  of  the  provisions  of  this  act  slmll  apply  to  spiny  lob- 
ster caught  or  taken  without  the  waters  of  this  state,  when 
said  spiny  lobsters  are  not  caught  in  waters  lying  south  for 
a  distance  of  ten  miles  from  the  international  boundaiy  line 
between  the  United  Jrtatcs  and  JMexico,  extended  westerly  in 


119  PENAL   CODE.  §  628a 

the  Pacific  ocean,  and  Ix'ai'ing  after  inspection  sucli  evidence 
of  having  been  so  canght  or  taken  as  2iiay  be  hereafter  pre- 
scribed by  the  fish  and  game  commission;  and  be  it  provided, 
that  all  the  expense  of  such  inspection  shall  be  borne  by  tlie 
importer  of  such  spiny  lol3ster;  and  be  it  provided,  furtlicr, 
that  all  spiny  lobster  imported  into  this  state  shall  be  of  the 
size  prescribed  in  this  action.  [Amendment  approved  May 
28,  1917 ;  Stats.  1917,  p.  1062.] 

§  628a.  Protection  of  bass.  Shad.  Limit.  Every  per- 
son, who  at  any  time,  buys,  sells,  offers  for  sale  or  has  in  his 
possession  any  striped  bass  of  less  than  three  pounds  in 
weight,  or  who,  except  with  hook  and  line  and  in  the  manner 
commonly  known  as  angling,  takes,  catches,  kills  or  has  in 
his  possession  any  striped  bass  or  shad  between  the  twenty- 
fifth  day  of  September  and  the  fourteenth  day  of  November 
inclusive  of  Einy  year  or  between  the  sixth  day  of  June  and 
the  thirty-first  day  of  July,  both  dates  inclusive,  of  any  year, . 
or  who,  between  the  twenty-fifth  day  of  September  and  the 
fourteenth  day  of  November,  inclusive,  or  between  the  sixth 
day  of  June  and  the  thirty-first  day  of  July,  inclusive,  of  any 
year,  takes,  catches,  kills  or  has  in  his  possession  more  than 
five  striped  bass  or  shad,  or  who  between  the  twenty-fifth  day 
of  September  and  the  fourteenth  day  of  November,  inclusive, 
or  between  the  sixth  day  of  June  and  the  thirty-first  day  of 
July,  inclusive,  of  any  year,  buys,  sells,  offers  for  sale,  ships 
or  offers  for  shipment  or  receives  for  .shipment  or  transporta- 
tion any  striped  bass,  or  who  at  any  time,  offers  for  shipment, 
ships  or  receives  for  shipment  or  transportation  from  the 
State  of  California  to  any  place  in  any  other  state,  territory 
or  foreign  country  any  striped  bass  is  guilty  of  a  misde- 
meanor. Every  person  who  takes  any  striped  bass  or  shad  in 
a  net,  any  of  the  meshes  of  which  are,  when  drawn  closely 
together  and  measured  inside  the  knots,  less  than  five  and 
one-half  inches  in  length,  is  guilty  of  a  misdemeanor.  Every 
person  who  shall  cast,  extend  or  draw,  or  assist  in  casting, 
extending  or  drawing  any  net  or  seine,  for  the  purpose  of 
taking  or  catching  any  shad  or  striped  bass  in  any  of  the 
waters  of  this  state  at  any  time  between  sunrise  of  each  Satur- 
day and  sunset  of  the  following  Sunday  is  guilty  of  a  misde- 
meanor; provided,  however,  that  notliing  in  this  section  sliall 
prohibit  any  person  from  having  in  his  possession  in  any  one 
calendar  day,  not  more  than  five  striped  bass  of  less  than 
three  pounds  each  in  weight,  caught  with  hook  and  line,  but 
such  fish  shall  not  be  bought,  sold  or  oft'ered  for  sale,   or 


§  628b  PENAL   CODE.  120 

shipped  or  offered  for  shipment.  Every  person  who  violates 
any  of  the  provisions  of  this  section  is  ?uilty  of  a  misde- 
meanor. [Amendment  approved  May  18,'l917;  Stats.  1917, 
p.  668.] 

§  628b.  Protection  of  black  bass,  perch,  sunfish,  etc.  Ex- 
ception. Protection  of  catfish.  Exception.  Every  person 
who  at  any  time,  except  with  hook  and  line  and  in  the  manner 
commonly  known  as  angling,  takes,  catches  or  kills  any  black 
bass,  Sacramento  perch,  crappie,  calico  bass  or  any  variety  of 
sunfish,  or  has  in  his  possession  more  than  twenty-five  black 
bass,  Sacramento  perch,  crappie,  calico  bass  or  any  variety  of 
sunfish,  during  one  calendar  day,  or  w^ho  takes,  catches,  kills 
or  has  in  his  possession  any  black  bass  less  than  seven  inches 
in  length,  or  who  buys,  sells,  offers  or  exposes  for  sale  any 
black  bass,  Sacramento  perch,  crappie,  calico  bass  or  any 
variety  of  sunfish  ;  every  person  w^ho  in  any  fish  and  game  dis- 
trict, between  the  first  day  of  December  and  the  thirtieth  day 
of  April  of  the  year  following,  both  dates  inclusive,  takes, 
catches,  kills  or  has  in  his  possession  any  black  bass,  Sacra- 
mento perch,  crappie,  calico  bass  or  any  variety  of  sunfish, 
is  guilty  of  a  misdemeanor. 

Nothing  in  this  section  shall  prohibit  the  taking  of  black 
bass  at  any  time  in  any  lake  exceeding  seventy-five  square 
miles  in  area  within  the  boundaries  of  fish  and  game  district 
number  two,  or  prohibit  the  possession  within  the  boundaries 
of  fish  and  game  district  number  two,  of  black  bass  taken  in 
such  lake  or  lakes. 

Every  person  who,  at  any  time,  has  in  his  possession  for 
sale,  or  sells,  or  offers  for  sale,  any  catfish,  between  the  fif- 
teenth day  of  J\Iay  and  the  fourteenth  day  of  August,  inclu- 
sive, of  any  year,  or  who  at  any  time  has  in  his  possession  for 
sale,  or  sells,  or  offers  for  sale,  any  dressed  catfish,  which  shall 
measure  less  than  seven  inches  in  length,  exclusive  of  any 
part  of  the  head,  or  who  at  any  time  has  in  his  possession  for 
sale,  or  sells,  or  offers  for  sale,  any  undressed  catfish  less  than 
nine  inches  in  length,  or  who  retains  any  catfish  in  live  cars 
or  boats  that  do  not  measure  nine  inches  in  length,  or  who  at 
any  time  within  a  period  of  five  years,  kills  or  has  in  his  pos- 
session any  sturgeon,  is  guilty  of  a  misdemeanor. 

Notliing  in  tliis  section,  or  elsewhere  in  this  code,  .shall  pro- 
hil)it  the  state  fish  and  game  commission,  or  persons  author- 
ized by  it,  from  taking  at  all  times  such  fish  as  they  ujay 
deem  necessary   for  scientific   purposes,  or  i'or  purposes  of 


121  PENAL  CODE.  §§  628e,  628f 

propagation.      [Amendment  approved  May  18,  1917 ;  Stats. 
1917,  p.  664.} 

§  628e.  Protection  of  whiting.  Yellow-fin  or  spot-fin 
croaker.  Barracuda.  Every  person  wlio  in  fish  and  game 
district  number  nineteen  at  any  time  except  Avith  hook  and 
line,  takes,  catches  or  kills  any  California  whiting  (Menti- 
cirrhus  undulatus),  also  known  as  surf  fish,  or  any  yellow-fin 
or  any  spot-fin  croaker;  every  person  who,  at  any  time  within 
the  period  of  three  years,  buys,  sells,  offers,  or  exposes  for 
sale  any  California  whiting  (Menticirrhus  undulatus),  also 
known  as  surf  fish,  or  any  yellow-fin  or  any  spot-fin  croaker; 
every  person  who,  at  any  time  buys,  sells,  offers  or  exposes 
for  sale  any  southern,  bastard  or  chicken  halibut  (Paralich- 
thys  calif ornieus)  of  less  than  four  pounds  in  weight,  or  any 
barracuda  less  than  three  pounds  in  weight,  or  any  albieore 
weighing  less  than  six  pounds,  is  guilty  of  a  misdemeanor. 
And  all  fines  collected  for  any  violation  of  any  of  the  provi- 
sions of  this  section  shall  be  paid  into  the  state  treasury  to  the 
credit  of  the  "fish  commission  fund.''  [Amendment  approved 
April  20,  1917;  Stats.  1917,  p.  153.] 

§  628f.  Protection  of  abalone.  Pismo  clams.  Cockles. 
Razor  clams.  Penalty.  Every  person  who,  betAveen  the 
first  day  of  February  and  the  last  day  of  February  of  the 
same  year,  both  dates  inclusive,  takes,  catches,  kills,  or  has  in 
bis  possession  any  red  abalone  (Haliotis  rufescens),  or  who, 
between  the  first  day  of  February  and  the  thirtieth  day  of 
April  of  the  same  year,  both  dates  inclusive,  takes,  catches, 
kills  or  has  in  his  possession  any  pink  abalone  (Haliotis  cor- 
rugata),  or  any  black  abalone  (Haliotis  crackerodie) ,  or  any 
green  abalone  (Haliotis  fulgens)  is  guilty  of  a  misdemeanor. 
Every  person  who  at  any  time,  takes,  catches,  kills  or  has  in 
his  possession  any  red  abalone  (Haliotis  rufescens)  the  shell 
of  which  is  less  than  seven  inches  in  greatest  diameter,  or  any 
green  abalone  (Haliotis  fulgens)  the  shell  of  which  is  less 
than  six  and  one-half  inches  in  greatest  diameter,  or  any  pink 
abalone  (Haliotis  corrugata)  the  shell  of  which  is  less  than 
six  inches  in  greatest  diameter,  or  any  black  abalone  (Haliotis 
erackerodie)  the  shell  of  which  is  less  than  five  inches  in 
greatest  diameter,  or  who  by  any  means  whatsoever,  takes,  or 
catches  any  abalone  (Haliotis)  and  does  not  bring  the  same 
naturally  attached  to  the  shell  and  alive,  to  the  shore  above 
high-water  mark,  or  who  takes,  catches  or  kills  any  abalone 
(Haliotis)  for  other  than  food  purposes,  or  who,  at  any  time, 


§  628f  PENAL   CODE.  122 

dries  any  abaloncs  (Haliotis),  or  who  offers  for  shipment,  or 
ships,  or  receives  for  shipment  or  transportation  from  the 
State  of  California  to  any  place  in  any  other  state,  territory 
or  foreign  country  any  abalone  meat  or  abalone  shells,  ex- 
cepting articles  manufactured  from  abalone  shells ;  or  Avho 
takes,  catches,  kills  or  has  in  his  possession  any  abalone  (Hali- 
otis) taken,  caught  or  killed  with  a  spear  shall  be  guilty  oF  a 
misdemeanor.  Every  person  who,  in  fish  and  game  districts 
S(3venteen,  nineteen  and  twenty  of  this  state,  uses  or  assists 
ill  using  any  diving  apparatus  of  any  character  for  the  tak- 
ing or  catching  of  any  abalone  (Haliotis),  or  who,  in  fish  and 
game  districts  four  or  nineteen,  takes,  catches  or  kills  or  has 
in  pos.session  during  any  one  calendar  day  more  than  ten  aba- 
lone (Haliotis)  ;  or  who,  in  fish  and  game  district  seventeen 
takes,  catches,  kills  or  has  in  possession  more  than  twenty 
abalone  in  any  one  calendar  week  shall  be  guilty  of  a  misde- 
meanor. 

None  of  the  provisions  of  this  act  shall  apply  to  abalone 
caught  or  taken  without  the  waters  of  this  state  and  bearing 
after  inspection  such  evidence  of  having  been  so  caught  or 
taken  as  may  be  hereinafter  prescribed  by  the  fish  and  game 
commission ;  and,  be  it  provided,  that  the  expense  of  such  in- 
spection shall  be  borne  by  the  importer  of  such  abalone  (Hali- 
otis). 

EVery  person  who  gathers  or  takes  in  an.y  manner  or  has 
in  his  possession  any  clam  known  as  the  Pismo  clam  (Tivela 
stultorum)  which  shall  measure  less  than  four  and  three- 
quarters  inches  across  its  shell  in  the  greatest  breadth,  or  who, 
during  any  one  calendar  day,  takes,  gathers  in  any  manner 
or  has  in  his  possession  more  than  fifty  of  said  clams,  or  who, 
between  the  first  day  of  May  and  the  thirty-first  day  of  Au- 
gust, both  dates  inclusive,  of  any  year,  takes,  catches  or 
gathers  any  clams  in  fisli  and  game  district  seventeen  is  guilty 
of  a  misdemeanor. 

Every  person  who  takes,  gatliers  in  any  manner  or  has  in 
his  possession,  or  who  ships,  offers  for  shipment,  sells  or  offers 
for  sale  any  cockles  or  little-neck  clams  (Tapes  staminea) 
measuring  less  than  one  and  one-half  inches  in  its  greatest 
lireadth  ;  everj^  person  who  takes,  catches  or  gathers  in  any 
iiiaiiner  any  razor  clam  (Siliqua  patula),  except  during  a 
pci'iod  of  forty-eight  houi's  beginning  at  the  first  low  tide 
after  the  first  high  tide  (hvi'ge  water)  of  the  full  moon  of  each 
month  and  for  a  p(ri(t(l  of  forty-eight  hours  beginning  at  the 
first  mean  low  tide  arici-  the  fii-st  high  tide  (large  water)  of  the 
new  moon  of  each  month,  (tr  who  takes,  eatclies  or  gathers  in 


123  PENAL  CODE.  §§  628J-629 

any  way  more  than  fifty  of  said  razor  clams  (Siliqua  patula) 
during-  any  one  calendar  day  is  guilty  of  a  misdemeanor. 

Every  j^erson  who  takes,  catches  or  kills  or  has  in  posses- 
sion any  clam  or  clams  taken  from  fish  and  game  districts 
eight  or  nine,  between  the  first  day  of  May  and  the  thirty- 
first  day  of  August  of  any  year,  both  dates  inclusive;  or  who 
at  any  time  ships  or  offers  for  shipment  or  receives  for  ship- 
ment or  transportation,  to  any  place  outside  the  limits  of  fish 
and  game  district  one,  any  clam  or  clams  of  any  species  taken 
in  fish  and  game  district  seven,  eight  or  nine,  is  guilty  of  a 
mivsdemeanor. 

Every  person  violating  any  of  the  provisions  of  this  section 
upon  conviction  thereof  shall  be  punished  by  a  fine  of  not  less 
than  twenty-five  nor  more  than  five  hundred  dollars  or  by 
imprisonment  in  the  county  jail  in  the  county  in  which  the 
conviction  shall  be  had  not  less  than  ten  days  nor  more  than 
six  months  or  by  both  such  fine  and  imprisonment ;  and  all 
fines  and  forfeitures  imposed  or  collected  for  any  violation  of 
the  provisions  of  this  section  must  be  paid  into  the  state 
treasury  to  the  credit  of  the  fish  and  game  preservation  fund. 
[Amendment  approved  May  18,  1917^;  Stats.  1917,  p.  669.] 

§  628j.  Catching"  salt  w^ater  eels.  Penalty.  Every  per- 
son, who  in  fish  and  game  district  three,  in  the  state  of  Cali- 
fornia, takes,  catclies,  kills  or  has  in  his  possession,  any  salt 
water  eel  (Blenniidoe),  measuring  less  than  twelve  inches  in 
length,  or  who  takes,  catches,  kills  or  has  in  his  possession 
more  than  fifteen  salt  water  eels  (Blenniidoe),  during  any 
one  calendar  day,  is  guilty  of  a  misdemeanor. 

Every  person  found  violating  any  of  the  provisions  of  this 
section  is  guilty  of  a  misdemeanor  and  must  be  fined  in  a  sum 
not  less  than  twenty  dollars,  nor  more  than  five  hundred  dol- 
lars, or  by  imprisonment  in  the  county  jail  in  the  county  in 
which  the  conviction  shall  be  had,  not  less  than  ten  days,  nor 
more  than  one  hundred  fifty  days,  or  by  both  such  fine  and 
imprisonment;  and  all  fines  and  forfeitures  imposed  or  col- 
lected for  any  violation  of  any  of  the  provisions  of  this  sec- 
tion shall  be  paid  into  the  state  treasury,  to  the  credit  of  the 
fish  and  game  preservation  fund.  [New  section  approved 
April  24,  1917;  Stats.  1917,  p.  192.] 

§  629.  Fish  screens  over  ditch  inlets.  It  shall  l)e  the 
duty  of  the  state  board  of  fish  and  game  commissioners  to  ex- 
amine from  time  to  time  all  mill  races,  irrigating-  ditches, 
pipes,  flumes  and  canals  taking  or  receiving  water  from  any 


§  629  PENAL   CODE.  124 

river,  creek,  stream  or  lake  in  this  state.  Whenever  in  the 
opinion  of  the  state  fish  and  grame  commission  it  shall  be 
necessarj'  to  screen  any  such  mill  race,  irrigating  ditch,  pipe, 
flume  or  canal  in  order  to  prevent  fish  from  passing  through 
01-  into  such  mill  race,  irrigating  ditch,  pipe,  flume  or  canal 
and  away  from  any  river,  creek,  stream  or  lake  in  which  fish 
have  been  planted  or  may  exist,  the  state  fish  and  game  com- 
mission shall  order  the  person,  company  or  corporation  own- 
ing, leasing,  controlling  or  having  in  charge  any  such  mill 
race,  irrigating  ditch,  pipe,  flume  or  canal  to  install  and 
maintain  a  screen  on  such  mill  race,  irrigating  ditch,  pipe, 
flume  or  canal.  Said  order  shall  be  in  writing  and  shall 
specify  the  size,  mesh,  material  and  location  of  such  screen 
and  the  time  within  which  said  screen  must  be  installed. 

After  making  an  order  to  place  and  maintain  such  screen, 
the  board  of  fish  and  game  commissioners  shall,  when  re- 
quested by  said  owners,  lessees  or  operators,  or  the  person  in 
charge  of  such  mill  race,  irrigating  ditch,  pipe,  flume  or  canal, 
fix  a  time  and  place  in  the  county  in  which  the  intake  of  such 
mill  race,  irrigating  ditch,  pipe,  flume  or  canal  is  situated,  for 
the  taking  of  evidence  upon  the  question  of  the  necessity  of 
placing  and  maintaining  such  screen  and  cause  a  notice  in 
writing  of  the  time  and  place  of  hearing  to  be  served  upon 
such  owner,  lessee  or  operator  or  person  in  charge  of  such 
mill  race,  irrigating  ditch,  pipe,  flume  or  canal,  at  least  ten 
days  before  the  date  of  such  hearing.  At  such  time  and  place 
designated  in  said  notice  testimony,  under  oath,  shall  be 
taken  on  the  part  of  the  state  board  of  fish  and  game  com- 
missioners, and  the  owners,  lessees  or  operators  or  persons  in 
charge  of  such  mill  race,  irrigating  ditch,  pipe,  flume  or 
canal. 

If  said  request  for  a  hearing  upon  the  order  herein  speci- 
fied is  not  made  within  ten  days  after  the  service  upon  said 
owners,  lessees,  or  operators,  or  the  person  in  charge,  of  said 
mill  race,  irrigating  ditch,  pipe,  flume  or  canal,  such  order 
shall  become  final. 

If  it  appears  from  the  evidence  upon  such  hearing  that  fish 
exist  or  have  been  planted  in  the  river,  stream,  creek  or  lake 
from  which  said  mill  race,  irrigating  ditch,  pipe,  flume  or 
canal  takes  its  waters,  said  board  of  fish  and  game  commis- 
sioners shall  make  an  order  in  writing,  and  cause  the  same  to 
be  served  on  such  owner,  lessee,  operator  or  person  in  charge 
of  said  mill  race,  irrigating  ditch,  pipe,  flume  or  canal;  said 
order  shall  designate  the  point  on  said  mill  race,  irrigating 
ditch,   pipe,   flume  or  canal  at  which   said  screen  shall   be 


125  PENAL.  CODE.  §  629 

located,  and  the  size,  mesh  and  materials  of  said  screen  and 
the  time  within  which  said  screen  must  be  iiLstalled.  Said 
time  shall  be  not  less  than  thirty  days,  nor  more  than  six 
months,  from  the  date  of  service  of  said  order  upon  said 
owner,  lessee,  operator  or  person  in  charge  of  said  mill  race, 
irrigating  ditch,  pipe,  flume  or  canal. 

The  evidence  in  any  investigation,  inquiry  or  hearing,  pro- 
vided by  this  section,  may  be  taken  by  any  of  the  members  of 
the  board  of  fish  and  game  commissioners,  or  such  deputy  fish 
and  game  commissioner,  or  employee,  as  the  board  may  desig- 
nate to  take  such  evidence,  and  each  member  of  the  board  and 
any  of  its  deputies  or  employees  designated  to  take  evidence 
at  the  hearing  provided  hereby  shall  have  the  power  to  admin- 
ister oaths,  take  affidavits  and  issue  subpoenas  for  the  attend- 
ance of  witnesses  at  such  hearings.  Each  witness,  legally 
subpoenaed,  attending  at  a  hearing,  shall  receive  for  his  at- 
tendance the  same  fees  and  mileage  allowed  by  law  to  a  wit- 
ness in  civil  cases,  which  amount  shall  be  paid  by  the  party 
at  whose  request  such  witness  is  subpoenaed. 

The  superior  court  in  and  for  the  county,  or  city  and 
county,  in  which  any  inquiry,  investigation,  hearing  or  pro- 
ceeding may  be  held  under  authority  of  this  section  shall  have 
the  power  to  compel  the  attendance  of  witnesses,  the  giving 
of  testimony  and  the  production  of  papers,  as  required  by  any 
subpoena  issued  under  authority  of  this  section.  The  com- 
mission, or  representative  of  the  commission,  before  whom 
the  testimony  is  to  be  given  or  produced,  in  case  of  the  refusal 
of  any  witness  to  attend  or  testify  or  produce  any  papers  re- 
quired by  such  subpoena,  may  report  to  the  superior  court 
in  and  for  the  county,  or  city  and  count}',  in  which  the  pro- 
ceeding is  pending,  by  petition,  setting  forth  that  due  notice 
has  been  given  of  the  time  and  place  of  attendance  of  said 
witness,  or  the  production  of  said  papers,  and  that  the  witness 
has  been  summoned  in  the  manner  prescribed  in  this  act,  and 
that  the  witness  has  failed  and  refused  to  attend  or  produce 
the  papers  required  by  the  subpoena,  before  the  commission 
or  its  representative,  in  the  cause  or  proceeding  named  in  the 
notice  and  subpoena,  or  has  refused  to  answer  questions  pro- 
pounded to  him  in  the  course  of  such  proceeding,  and  ask  an 
order  of  said  court,  compelling  the  witness  to  attend  and 
testify  or  produce  said  papers  before  the  commission  or  its 
representative.  The  court,  upon  the  petition  of  the  commis- 
sion or  its  representative,  shall  enter  an  order  directing  the 
witness  to  appear  before  the  court,  at  a  time  and  place  to  be 
fixed  by  the  court  in  such  order,  the  time  to  be  not  more  than 


§  631d  PENxVL   CODE.  126 

ten  days  from  the  date  of  the  order,  and  there  show  cause 
why  he  has  not  attended  and  testified  or  produced  said  papers 
before  the  commission  or  its  representative.  A  copy  of  said 
order  shall  be  served  upon  said  witness.  If  it  shall  appear 
to  the  court  that  said  subpoena  Avas  regularly  issued  by 
the  commission  or  its  representative,  the  court  shall  there- 
upon enter  an  order  that  said  witness  appear  before  the  com- 
mission or  its  representative  at  the  time  and  place  fixed  in 
said  order,  and  testify  or  produce  the  required  papers,  and 
upon  failure  to  obey  said  order,  said  witness  shall  be  dealt 
with  as  for  contempt  of  court. 

The  commission  or  its  representative,  or  auy  party,  may,  in 
any  investigation  or  hearing  before  the  commission  or  its  repre- 
sentative, cause  the  deposition  of  witnesses  residing  within 
or  without  the  state  to  be  taken  in  the  manner  prescribed  by 
law  for  like  depositions  in  civil  actions  in  the  superior  courts 
of  this  state  and  to  that  end  may  compel  the  attendance  of 
witnesses  and  the  production  of  documents  and  papers. 

Any  person,  company  or  corporation,  neglecting  or  refus- 
ing to  put  up  or  maintain  the  screen  ordered  by  the  state 
board  of  fish  and  game  commissioners',  after  the  order  shall 
have  become  final,  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  punished  by  a  fine  of  not  less  than 
twenty  dollars,  or  imprisonment  in  the  county  jail  of  the 
county  in  which  the  conviction  shall  be  had  of  not  less  than 
ten  days,  or  by  both  such  fine  and  imprisonment,  any  fines 
collected  over  and  above  the  costs  of  the  proceedings  to  be 
paid  into  the  state  treasury  to  the  credit  of  the  fish  and  game 
preservation  fund;  and  provided,  that  the  continuance  from 
day  to  day  of  the  neglect  or  refusal  to  install  and  maintain 
such  screen  after  the  same  is  finally  ordered  shall  constitute 
a  separate  offense  for  each  day.  [Amendment  approved 
April  20,  1917;  Stats.  1917,  p.  155.] 

§  631d.  License  to  raise  domesticated  game  birds  or 
mammals.  1.  Any  person  desii-ing  to  engage  in  the  busi- 
ness of  raising  and  selling  domesticated  game  birds  or  mam- 
mals of  any  species  in  a  wholly  inclosed  preserve  or  entire 
isbind  of  which  he  is  the  owner  or  lessee,  may  make  applica- 
tion in  wi'iting  to  the  state  board  of  fisli  and  game  commis- 
sionci-s  for  a  license  so  to  do.  The  said  state  l)oard  of  fisli 
and  game  commissioners,  when  it  shall  appear  that  the  said 
ai)plication  is  made  in  good  faith,  shall,  upon  the  payment  of 
a  \'fi'  ol"  two  dollars  and  fifty  cents,  issue  to  such  applicant 
a  hrccfhT's  license   pei'inilling  snch   applicant  to  l)reed  and 


127  PENAL   CODE.  §  631d 

raise  domesticated  game  on  such  preserve  or  entire  i.sland  and 
to  sell  the  same  alive  at  any  time  for  breeding  and  stocking 
purposes,  to  kill. and  transport  same  and  sell  the  carcasses 
thereof  for  food,  as  hereinafter  provided.  Snch  license  shall 
be  posted  or  displayed  in  a  conspicuous  place  on  such  pre- 
serve or  entire  island  and  shall  expire  on  the  last  day  of  De- 
cember in  each  year  at  midniglit. 

2.  Game  for  sale  tagged.     Report  of  game  killed.     No 

domesticated  game  killed  as  aforesaid  and  intended  for  sale 
shall  be  shipped,  transported,  sold  or  offered  for  sale  unless 
each  quarter  and  each  loin  of  each  carcass  of  each  deer  and 
the  carcass  of  each  bird  or  small  mammal  shall  have  been 
tagged,  under  the  supervision  of  the  state  board  of  fish  and 
game  commissioners,  with  a  tag  or  seal  which  shall  be  sup- 
plied by  said  commissioners,  and  all  domesticated  game  ex- 
cepting deer  sold  under  the  provisions  of  this  act  must  be 
killed  otherwise  than  by  shooting.  The  quarters  and  loins  of 
the  carcasses  of  such  deer,  and  the  carcass  of  such  small  game 
birds  or  mammals  when  tagged  as  aforesaid  may  be  possessed, 
sold  or  offered  for  sale  at  any  time.  Every  regular  assistant 
or  person  designated  by  whom  such  deer  or  small  game  bird 
or  mammal  shall  have  been  tagged,  shall,  within  five  days 
thereafter,  make  and  file  with  the  state  board  of  fish  and 
game  commissioners  a  written  report  thereof,  which  shall  con- 
tain a  statement  of  the  name  of  the  person  by  whom  such 
game  was  bred  or  raised  and  killed,  the  number  of  each 
species  so  killed  and  the  name  of  the  person  or  persons  to 
whom  such  game  were  sold  or  to  whom  they  were  transported. 

3'.  Tag  on  package.  Common  carriers  may  receive  and 
transport  at  any  time  the  carcasses  or  parts  thereof  of  said 
domesticated  game  tagged  as  aforesaid,  but  to  every  package 
containing  such  carcass  or  parts  thereof  shall  be  affixed  a 
tag  or  label  upon  which  shall  be  plainly  printed  or  written 
the  name  of  the  pei*son  to  whom  such  license  was  issued  and 
by  whom  such  game  was  killed,  the  name  or  names  of  the 
person  or  persons  to  whom  such  game  is  to  be  transported, 
the  name  of  the  regular  assistant  or  other  person  by  whom 
such  game  was  tagged,  the  number  of  carcasses  or  portions 
thereof  contained  therein  and  that  the  game  was  killed  and 
tagged  in  accordance  with  the  provisions  of  this  section. 

4.  License.  Sale  to  customer.  No  person  shall  sell  or 
offer  for  sale  any  game  killed  and  tagged  as  aforesaid,  with- 
out first  obtaining  a  license  so  to  do  from  the  state  board  of 


§  631d  PENAL   CODE.  128 

fish  and  game  commissioners,  upon  such  terms  and  conditions 
as  the  said  commissioners  may  prescribe,  and  any  such  license 
may  be  revoked  for  sufficient  cause  at  the  pleasure  of  the  said 
commission.  The  said  tags  or  seals  shall  remain  affixed,  as 
aforesaid,  until  the  quarters  or  loins  of  each  deer  or  the  car- 
casses of  such  small  game  birds  or  mammals  shall  have  been 
wholl}^  consumed  and  the  sale  of  a  quarter  or  loin  or  any 
larger  portion  of  such  deer  or  the  carcass  of  any  such  small 
game  bird  or  mammal  which  shall  not  at  the  time  have  affixed 
thereto  the  tag  or  seal  aforesaid,  shall  constitute  a  violation 
of  this  section ;  provided,  however,  that  the  keeper  of  a  hotel 
or  restaurant,  boarding-house  or  retail  dealer  in  meat  or  a 
club  may  sell  portions  of  a  quarter  or  loin  of  any  such  deer, 
or  the  carcass  of  any  such  small  game  bird  or  mammal,  to  a 
patron  or  customer  for  actual  consumption  and  no  license 
shall  be  required  of  such  person  or  club. 

5.  Annual  report  of  game  killed.  On  or  before  the  first 
day  of  January  of  each  year  every  person  to  whom  a  license 
shall  have  been  issued,  as  aforesaid,  shall  make  a  report  to 
the  state  board  of  fish  and  game  commissioners,  which  said 
report  shall  state  the  total  number  of  game  birds  or  mam- 
mals killed,  sold  or  transported,  as  permitted  by  the  provi- 
sions of  this  section  during  the  year  preceding.  Such  report 
shall  set  forth  the  name  of  the  person  to  whom  such  game 
birds  or  mammals  were  sold  or  transported,  the  name  of  the 
regular  assistant  or  person  designated  in  whose  presence  such 
game  birds  or  mammals  were  tagged  and  shall  also  give  a 
complete  list  of  the  game  birds  or  mammals  held  in  his  pos- 
session at  the  time  the  report  is  made.  Such  report  shall  be 
verified  by  the  affidavit  of  the  person  to  whom  such  license 
was  issued,  or  if  the  license  was  issued  to  a  corporation,  then 
by  an  officer  thereof. 

6.  Live  game  may  be  shipped.  Any  person  to  whom  such 
license  shall  have  been  issued  may  sell  and  ship  alive  within 
the  state  such  game  birds  and  mammals  and  all  common  car- 
riers and  transportation  companies  may  receive  and  carry 
within  the  state  such  live  game  birds  and  mammals  upon 
sucli  terms  and  conditions  as  the  said  commissioners  may 
I)rescribe. 

7.  Trapping  game  by  commission.  For  the  purpose  of 
this  ad,  it  shall  be  lawful  foi-  the  fi.sh  and  game  commission 
to  trap  and  take  alive  any  of  the  game  birds  or  mammals  and 
dispose  of  them  to  any  person  engaged  in  the  domestication 


129  PENAL  CODE.  §  631e 

and  sale  of  such  game  birds  or  mammals  in  this  state  at  a 
price  to  be  fixed  by  the  fish  and  game  commission. 

8.  Disposition  of  moneys.  All  moneys  received  from  the 
sale  of  any  game  birds  or  mammals,  or  tags  provided  for  in 
this  act  and  all  fines  and  forfeitures  imposed  and  collected 
for  any  violation  of  the  provisions  of  this  act  shall  be  paid 
into  the  state  treasury  to  the  credit  of  the  fish  and  game 
preservation  fund. 

9.  Fence  about  deer  preserve,  A  preserve  used  for  the 
breeding  of  any  species  of  deer,  pursuant  to  this  section,  shall 
be  surrounded  by  a  fence  of  wire  or  other  material  of  a  pat- 
tern to  be  approved  by  the  state  board  of  fish  and  game  com- 
missioners and  of  a  height  of  not  less  than  seven  feet. 

10.  License  revoked.  If  any  person  to  whom  such  license 
shall  have  been  issued  shall  be  convicted  of  a  violation  of  any 
of  the  fish  and  game  laws  of  the  state,  the  state  board  of  fish 
and  game  commissioners  may  revoke  the  license  of  such  per- 
son and  thereafter  no  similar  license  shall  be  issued  to  such 
person. 

11.  Fees.  The  state  board  of  fish  and  game  commis- 
sioners shall  be  entitled  to  receive  and  collect  for  each  tag 
or  seal  affixed  to  the  carcass  of  any  game  bird  or  mammal, 
as  hereinbefore  provided,  the  .sum  of  three  cents. 

12.  Penalty.  Laws  not  applicable.  Any  person  who 
violates  or  fails  to  perform  any  duty  imposed  by  any  of  the 
provisions  of  this  act  is  guilty  of  a  misdemeanor  and  is  liable 
to  a  penalty  of  one  hundred  dollars  and  to  an  additional  pen- 
alty of  twenty  dollars  for  each  game  bird  or  mammal,  or  part 
of  each  game  bird  or  mammal  bought,  sold  or  offered  for  sale, 
taken,  possessed,  transported  or  has  in  possession  for  trans- 
portation in  violation  thereof. 

The  provisions  of  any  law  relating  to  the  protection  or 
possession  of  game  in  its  wild  state  shall  not  apply  to  game 
raised  or  possessed  under  the  provisions  of  this  act.  [Amend- 
ment approved  May  26,  1917;  Stats.  1917,  p.  1620.] 

§  631e.  Revocation  of  licenses.  Every  person  to  whom 
a  hunting,  angler's,  market  fisherman's,  or  wholesale 
dealer's  license  has  been  issued,  upon  the  third  conviction 
for  a  violation  of  any  of  the  laws  enacted  for  the  protec- 
tion of  fish  or  game  shall,  in  addition  to  the  penalty  pre- 
scribed therefor,  surrender  his  license  to  the  .judge  or  jus- 
9 


§  632  PENAL    CODE.  130 

tiee  of  the  peace  ])efore  whom  such  conviction  is  had ;  and 
such  judge  or  justice  of  the  peace  shall  revoke  the  hunting 
license  of  any  person  convicted  of  violating  any  law  enacted 
for  the  protection  of  game,  or  the  angler's  license  of  any 
person  convicted  of  violating  any  laAv  enacted  for  the  pro- 
tection of  game  fish,  or  the  nmrket  fisherman's  license  of 
any  person  convicted  for  violating  any  law  enacted  for  the 
protection  of  fish,  or  the  wholesale  dealer's  license  of  any 
person  convicted  for  violating  any  law  enacted  for  the  pro- 
tection of  fish  or  game,  and  no  new  license  shall  be  issued 
to  such  person  for  the  remainder  of  the  year  for  which  it 
was  issued.  [Amendment  approved  June  1,  1917 ;  Stats. 
1917,  p.  1640.] 

§  632.  Protection  of  trout.  Limit.  Domesticated  trout. 
Scientific  purpose.  Penalty.  Every  person  who,  at  any 
time,  takes,  catches  or  kills  an,y  trout  except  with  hook  and 
line  and  in  the  manner  commonly  known  as  angling  is 
guilty  of  a  misdemeanor. 

Every  person  Avho,  in  fish  and  game  districts  numbers 
two,  two  A,  three,  three  A,  three  B,  three  C,  three  D,  ten, 
eleven,  twelve,  thirteen,  fifteen,  sixteen,  seventeen,  eighteen, 
and  nineteen,  between  the  first  day  of  March  and  the  thirty- 
first  day  of  March,  of  the  same  year,  both  dates  inclusive ; 
or  who,  between  the  first  day  of  November  and  the  four- 
teenth day  of  December,  of  the  same  year,  both  dates  inclu- 
sive, takes,  catches,  kills,  buys,  sells,  offers  or  exposes  for 
sale,  barter  or  trade,  or  has  in  his  possession,  any  variety  of 
trout  is  guilty  of  a  misdemeanor;  provided,  that  nothing  in 
this  section  shall  apply  to  Dolly  Varden  trout  (Salvelinus 
malma  or  Salvelinus  parkei)  when  taken  in  a  legal  manner 
and  in  open  season  for  other  trout  in  the  same  district;  pro- 
vided, further,  that  nothing  in  this  section  shall  prohibit  the 
taking  of  steelhead  trout  hy  means  of  nets  in  fisli  and  game 
districts  five,  six,  and  seven  A  in  such  quantities  and  at  such 
times  and  in  such  manner  as  is  provided  for  the  taking  of 
salmon  in  those  districts;  nor  the  sale  of  such  trout  Avithin 
the  state,  when  the  same  shall  be  offered  for  sale  according 
to  i-eguiations  to  l)e  prescribed  by  the  fish  and  game  com- 
mission. 

pjvery  pei'son  who,  in  fi.sh  and  game  districts  numbers  one, 
one  A,  one  B,  one  C,  one  D,  one  E,  one  V,  one  G,  one  II,  one  I", 
one  J,  one  K,  one  L,  five,  six,  seven,  seven  A,  eight  and  nine, 
Ix'twecn  1hc  fii'st  day  of  November  and  the  thirty-first  day 
of  March  oT  the  year  following,  both  dates  inclusive,  takes, 


131  PENAL    CODE.  §  632 

catches,  kills,  sells,  offers  or  exi)uses  for  sale,  barter  or 
trade,  or  has  in  lii.s  possession,  any  variety  of  tront  is  i;uilty 
of  a  misdemeanor. 

Every  person  who,  in  fish  and  game  districts  four,  four  A, 
four  B,  four  C,  four  D,  four  p],  and  twenty-one,  between  the 
first  day  of  Deeembef  and  the  thirtieth  day  of  April  of  the 
year  following,  bolh  dates  inclusive,  takes,  catches,  kills,  buys, 
sells,  offers  or  exposes  for  sale,  barter  or  trade,  oi*  has  in  his 
possession  any  variety  of  trout,  is  guilty  of  a  misdemeanor. 

Every  person  who,  in  fish  and  game  districts  numbers 
twenty-three,  twenty-four  and  twenty-five,  between  the  first 
day  of  November  and  the  twenty-ninth  day  of  May  of  the 
.year  following,  both  dates  inclusive,  takes,  catches,  kills,  buys, 
sells,  offers  or  exposes  for  sale,  barter  or  trade,  or  has  in  his 
possession,  any  variety  of  trout  or  white  fish ;  every  person 
who,  in  fish  and  game  district  number  twenty-three,  between 
the  first  day  of  November  and  the  thirty-first  day  of  July 
of  the  year  following,  both  dates  inclusive,  takes,  catches, 
or  kills  any  trout  or  white  fish  in  any  stream  flowing  into  any 
lake  within  two  miles  extending  from  its  mouth  toward  its 
source,  or  wdio  buys,  sells,  oifers  or  exposes  for  sale,  barter  or 
trade,  or  has  in  his  possession,  any  trout  or  white  fish  so  taken 
in  such  stream,  is  guilty  of  a  misdemeanor. 

Every  person  who,  between  the  first  day  of  November  and 
the  thirty-first  day  of  July  of  the  year  following,  both  dates 
inclusive,  takes,  catches  or  kills  any  trout  in  any  lake  within 
three  hundred  feet  of  the  mouth  of  any  stream  flowing  into 
any  lake,  or  who  has  in  his  possession  or  buj^s,  sells,  offers  or 
exposes  for  sale,  barter  or  trade  any  such  trout,  is  guilty  of  a 
misdemeanor. 

Every  person  who  takes,  catches,  kills  or  has  in  his  pos- 
session during  one  calendar  day  more  than  fifty  trout,  or  ten 
pounds  of  trout,  and  one  trout,  or  one  trout  weighing  ten 
pounds  and  over,  is  guilty  of  a  misdemeanor ;  provided,  that 
every  person  who,  in  fish  and  game  districts  two,  two  A,  three, 
three  A,  three  B,  three  C,  three  U,  eleven,  twelve,  thirteen, 
fifteen,  sixteen,  seventeen,  eighteen  and  nineteen,  between 
the  fifteenth  day  of  December  and  the  last  day  of  February 
of  the  following  year,  both  dates  inclusive,  takes,  catches,  kills 
or  has  in  his  possession  during  one  calendar  day  more  than 
five  trout,  regardless  of  weight,  is  guilty  of  a  misdemeanor. 

Nothing  in  this  section  shall  apply  to  trout  raised  under 
the  provisions  of  the  act  authorizing  and  regulating  the  rais- 
ing and  selling  of  domesticated  trout. 


§§  632c,  633  PENAL  CODE.  132 

Nothing  in  this  section  shall  prohibit  the  fish  and  game  com- 
mission of  this  state,  or  persons  authorized  by  them,  from 
taking  at  all  times  such  trout  as  they  deem  necessary  for  the 
purposes  of  propagation,  or  for  scientific  purposes. 

Every  person  found  guilty  of  a  violation  of  any  of  the 
provisions  of  this  section  shall  be  punishable  by  a  fine  of  not 
less  than  twenty-five  dollars,  or  more  than  five  hundred  dol- 
lars, or  by  imprisonment  in  the  county  jail  of  the  county  in 
which  the  conviction  shall  be  had  not  less  than  ten  or  more 
than  one  hundred  fifty  days,  or  by  both  such  fine  and  impris- 
onment. All  fines  and  forfeitures  imposed  and  collected  for 
any  violation  of  any  of  the  provisions  of  this  section  shall  be 
paid  into  the  state  treasury  to  the  credit  of  the  fish  and  game 
preservation  fund. 

All  acts  or  parts  of  acts  inconsistent  herewith  are  hereby 
repealed.  [Amendment  approved  May  28,  1917;  Stats.  1917, 
p.  1247.] 

§  632c.    Sale   of   trout  a  misdemeanor.    In  effect,  when. 

Every  person  who  buys,  sells,  offers  or  exposes  for  sale, 
barter  or  trade,  any  species  of  trout,  except  domestically 
reared  trout,  in  the  state  of  California,  is  guilty  of  a  mis- 
demeanor. Every  person  violating  any  of  the  provisions  of 
this  section  is  punishable  by  a  fine  of  not  less  than  twenty 
dollars,  nor  more  than  five  hundred  dollars,  or  by  imprison- 
ment in  the  county  jail  of  the  county  in  which  the  convic- 
tion shall  be  had  for  not  less  than  ten  days,  nor  more  than 
one  hundred  fifty  days,  or  by  both  such  fine  and  impris- 
onment. All  fines  and  forfeitures  imposed  and  collected 
for  violation  of  any  of  the  provisions  of  this  section  shall 
be  paid  into  the  state  treasury  to  the  credit  of  the  fish  and 
game  preservation  fund.  The  provisions  of  this  section 
shall  not  take  effect  until  the  thirty-first  day  of  October, 
one  thousand  nine  hundred  seventeen.  [New  section 
added  April  17,  1917;  Stats.  1917,  p.  110.] 

§  633.  Protection  of  golden  trout.  Every  person  who, 
at  any  time  between  tlie  first  day  of  October  and  the  thir- 
tieth day  of  June  of  the  succeeding  year,  takes,  catches, 
kills,  destroys  or  has  in  his  possession,  any  variety  of  golden 
trout ;  or  who,  at  any  time,  takes,  catches,  kills,  or  destroys, 
any  variety  of  golden  trout,  other  than  with  hook  and  line ; 
or  Avho,  at  any  time,  takes,  catches,  kills,  or  destroys,  or  has 
in  his  possession,  during  one  calendar  day,  more  than 
twenty  golden  trout  or  has  in  his  possession  any  variety  of 


133  PENAL   CODE.  §  634 

golden  tront^of  less  than  five  inches  in  length,  is  guilty  of 
a  misdemeanor.  Every  person  found  guilty  of  any  viola- 
tion of  any  of  the  provisions  of  this  section  must  be  fined 
in  a  sum  not  less  than  tAventy  dollars  or  be  imprisoned  in 
the  county  jail,  in  the  county  in  which  the  conviction  shall 
be  had,  not  less  than  ten  days,  or  be  punished  by  both  such 
fine  and  imprisonment,  and  all  fines  collected  for  any  viola- 
tion of  any  of  the  provisions  of  this  section  must  be  paid 
into  the  state  treasury  to  the  credit  of  the  fish  commission 
fund.  Nothing  in  this  section  shall  prohibit  the  fish  com- 
mission of  this  state  from  taking  at  all  times  such  golden 
trout  as  they  deem  necessary  for  the  purpose  of  propagation 
or  for  scientific  purposes.  [Amendment  approved  Mav  18, 
1917;  Stats.  1917,  p.  665.] 

§  634.  Protection  of  salmon,  1.  Every  person  who  shall 
cast,  extend  or  draAv  or  assist  in  casting,  extending  or  draw- 
ing, any  net  or  seine  for  the  purpose  of  taking  or  catching 
any  salmon  at  any  time  during  the  closed  seasons,  as  pro- 
vided in  this  act,  or  at  any  time  between  sunrise  of  Satur- 
day and  sunset  of  the  following  Sunday,  is  guilty  of  a  mis- 
demeanor. 

2.  In  districts  one,  two,  three  and  four.  Every  person 
who,  in  fish  and  game  districts  numbers  one  and  two,  except 
with  spear  and  hook  and  line,  said  hook  and  line  to  be  used 
in  the  manner  commonly  known  as  angling,  takes,  catches 
or  kills  any  salmon ;  every  person  who,  in  fish  and  game  dis- 
tricts, numbers  three  and  four,  except  with  hook  and  line, 
said  hook  and  line  to  be  used  in  the  manner  commonly  known 
as  angling,  takes,  catches  or  kills  any  salmon ;  every  person 
who,  in  fish  and  game  districts  one,  two,  three  and  four, 
between  the  sixth  day  of  June  and  the  thirty-first  day  of 
July  of  the  same  year,  both  dates  inclusive,  or  between  the 
twenty-fifth  day  of  September  and  the  fourteenth  day  of 
November  of  the  same  year,  both  dates  inclusive,  takes, 
catches,  kills  or  has  in  his  possession  more  than  three  fresh 
salmon  during  any  one  calendar  day,  or  who  buys,  sells,  offers 
or  exposes  for  sale  any  fresh  salmon,  is  guilty  of  a  misde- 
meanor; provided,  that  nothing  in  this  act  shall  prohibit  the 
possession  or  sale  at  any  time  of  any  salmon  from  without  the 
state,  or  the  possession  or  sale  at  any  time  of  any  salmon  law- 
fully taken  in  any  fish  and  game  district,  other  than  fish  and 
game  districts  numbers  one,  two,  three  and  four,  when  such 
salmon  are  inspected  and  tagged  according  to  regulations  to 
be  prescribed  by  the  fish  and  game  commission.     The  cost  of 


§  634  PENAL    CODE.  134 

such  inspection  and  tagging-  must  be  paid  byj;he  person  or 
persons    sul)mitting    such    salmon  for    said    inspection    and 


3.  In  district  five.  Every  person  Avho,  in  fish  and  game 
district  five,  between  the  first  day  of  December  and  the  thirty- 
first  day  of  August  of  the  year  following,  both  dates  inclu- 
sive, takes,  catches  or  kills  any  salmon,  except  with  spear  or 
hook  and  line,  said  hook  and  line  to  be  used  in  the  manner 
commonly  known  as  "angling,"  or  takes,  catches,  kills  or 
has  in  his  possession  more  than  three  fresh  salmon  in  any  one 
calendar  day,  or  buys,  sells,  offers  or  exposes  for  sale,  any 
fresh  salmon,  or  who,  at  any  times,  takes,  catches  or  kills  any 
salmon  with  any  net,  any  of  the  meshes  of  which  are,  when 
drawn  closely  together  and  measured  inside  the  knots,  less 
than  five  and  one-half  inches  in  length,  is  guilty  of  a  misde- 
meanor. 

4.  In  district  six.  Every  person  who,  in  fish  and  game 
district  six,  between  the  first  day  of  December  and  the  four- 
teenth day  of  April  of  the  year  following,  both  dates  inclu- 
sive, or  betweeen  the  first  day  of  June  and  the  thirtieth  day 
of  June  of  the  same  year,  both  dates  inclusive,  or  between  the 
sixth  day  of  September  and  the  nineteenth  day  of  September 
of  the  same  year,  both  dates  inclusive,  except  with  spear  or 
hook  and  line,  said  hook  and  line  to  be  used  in  the  manner 
commonly  known  as  "angling,"  takes,  catches  or  kills  any 
salmon,  or  takes,  catches  or  kills  or  has  in  his  possession  more 
than  three  fresh  salmon  in  any  one  calendar  day,  or  buys, 
sells,  offers  or  exposes  for  sale  any  fresh  salmon,  or  who,  at 
any  time,  takes,  catches  or  kills  any  salmon  with  any  net, 
any  of  the  meshes  of  which  are,  when  drawn  closely  together 
and  measured  inside  the  knots,  less  than  six  and  one-half 
inches  in  length,  or  who  uses  any  net  for  the  purpose  of  catch- 
ing salmon  in  the  daytime  between  the  hours  of  6  A.  M.  and 
seven  P.  M.  between  the  first  day  of  August  and  the  fifth 
day  of  September  of  the  same  year,  both  dates  inclusive,  is 
guilty  of  a  misdemeanor. 

').  In  district  seven.  Kvery  i)ersoii  who,  in  fish  and  game 
dislrict  seven,  between  the  first  day  of  December  and  the 
1  hilly-first  day  of  July  of  the  year  following,  ))oth  dates 
inclusive,  except  with  si)e;ii-  or  hook  and  line,  said  hook  and 
line  to  be  used  in  the  manner  coniinonly  known  as  "angling," 
takes,  catches  or  kills  any  .salmon,  or  takes,  catches,  kills  or 
lias  in  possession  more  than  three  Cresh  salmon  in  any    one 


135  PENAL   CODE.  §  634 

calendar  day,  or  buys,  sells,  offers  or  exposes  for  sale  any 
fresh  salmon,  or  who  at  any  time  takes,  catches,  or  kills  any 
salmon  with  any  net,  any  of  the  meshes  of  which  are,  when 
drawn  closely  together  and  measured  inside  the  knots,  less 
than  six  and  one-half  inches  in  length,  is  guilty  of  a  misde- 
meanor. 

6.  In  district  seven  A.  Every  person  who,  in  fish  and 
game  district  seven  A,  between  the  eighth  day  of  December 
and  the  seventh  day  of  October  of  the  year  following,  both 
dates  inclusive,  takes,  catches,  kills  or  has  in  possession  more 
than  three  fresh  salmon  in  any  one  calendar  day,  or  buys, 
sells,  offers  or  exposes  for  sale  any  fresh  salmon,  or  who  at 
any  time  takes,  catches  or  kills  any  salmon  with  any  net,  any 
of  the  meshes  of  which  are,  when  drawn  closelj'  together  and 
measured  inside  the  knots,  less  than  six  and  one-half  inches 
in  length  is  guilty  of  a  misdemeanor. 

7.  In  districts  eight  and  nine.  Every  person,  avIio,  in  fish 
and  game  districts  eight  and  nine,  between  the  first  day  of 
December  and  the  thirtieth  day  of  September  of  the  year  fol- 
lowing, both  dates  inclusive,  except  with  spear  or  hook  and 
line,  said  hook  and  line  to  be  used  in  the  manner  commonly 
known  as  "angling,"  takes,  catches  or  kills  any  salmon, 
or  takes,  catches,  kills  or  has  in  possession  more  than  three 
fresh  salmon  in  any  one  calendar  day,  or  buys,  sells,  offers 
or  exposes  for  sale  any  fresh  salmon,  or  who,  at  any  time, 
takes,  catches,  or  kills  any  salmon  with  any  net  any  of  the 
meshes  of  which  are,  when  drawn  closely  together  and  meas- 
ured inside  the  knots,  less  than  six  and  one-half  inches  in 
length,  is  guilty  of  a  niisdomeanor. 

8.  In  districts  ten,  eleven,  twelve,  etc.  Every  person  who, 
in  fish  and  game  districts  ten,  eleven,  twelve,  twelve  B  and 
thirteen,  between  the  sixth  day  of  June  and  the  thirty-first 
day  of  July  of  the  same  year,  both  dates  inclusive,  or,  be- 
tween the  twenty-fifth  day  of  Septeml^er  and  the  fourteenth 
day  of  November  of  the  same  year,  both  dates  inclusive,  ex- 
cept with  spear  or  hook  and  line,  said  hook  and  line  to  be 
used  in  the  manner  commonly  knowai  as  "angling,"  takes, 
catches  or  kills  any  salmon,  or  takes,  catches,  kills  or  has  in 
his  possession  more  than  three  fresh  salmon  in  one  calendar 
day,  or  fuys,  sells,  offers  or  exposes  for  sale  any  fresh 
salmon,  or  who,  at  any  time,  takes,  catches  or  kills  any 
salmon  with  any  net,  any  of  the  meshes  of  which  are  when 
draw^n  closely  together  and  measured  inside  the  knots,  less 
than  five  and  one-half  inches  in  length,  is  guilty  of  a  mis- 
demeanor. 


§  634  PENAL   CODE.  136 

9.  In  district  twelve  A.  Every  person  who,  in  fish  and 
game  district  twelve  A,  between  the  fifteenth  day  of  May 
and  the  thirty-first  day  of  December  of  the  same  year,  both 
dates  inclusive,  takes,  catches  or  kills  any  salmon,  except 
with  spear  or  hook  and  line,  said  hook  and  line  to  be  used  in 
the  manner  commonly  known  as  "angling,"  or  takes,  catches, 
kills  or  ha.s  in  his  possession  moi-e  than  three  fresh  salmon 
in  any  one  calendar  day,  or  buys,  sells,  offers  or  exposes  for 
sale  any  fresh  salmon,  or  who,  at  any  time,  takes,  catches  or 
kills  any  salmon  with  any  net,  any  of  the  meshes  of  which 
are,  when  drawn  closely  together  and  measured  inside  the 
knots,  less  than  five  and  one-half  inches  in  length  is  guilty 
of  a  misdemeanor. 

10.  In  district  fifteen.  Every  person  who,  in  fish  and 
game  district  fifteen,  from  the  first  day  of  September  to  the 
fourteenth  day  of  April  of  the  year  following,  both  dates 
inclusive,  takes,  catches  or  kills  any  salmon,  or  who,  at  any 
time  takes,  catches  or  kills  any  salmon  in  any  net  is  guilty 
of  a  misdemeanor. 

11.  In  districts  sixteen,  etc.  Every  person  who,  in  fish 
and  game  districts  sixteen,  f-eventeen,  eighteen  and  nineteen, 
between  the  twenty-fifth  day  of  September  and  the  four- 
teenth day  of  November  of  the  same  year,  both  dates  inclu- 
sive, has  in  his  possession  more  than  three  fresh  salmon  in 
any  one  calendar  day,  or  who,  at  any  time,  takes,  catches  or 
kills  any  salmon  with  any  net,  any  of  the  meshes  of  which 
are,  when  drawn  closely  together  and  measured  inside  the 
knots,  less  than  five  and  one-half  inches  in  length,  is  guilty  of 
a  misdemeanor. 

12.  Salmon  defined.  For  the  purpose  of  this  act  and  all 
acts  I'cluting  thereto,  only  such  fish  as  belong  to  the  genus 
Onco)'hynchus  shall  be  considered  salmon. 

13.  For  propagation.  Nothing  in  this  act  sliall  prevent 
the  fish  and  game  commission  of  tliis  state,  or  persons  au- 
thorized by  them,  from  taking,  at  all  times,  and  in  any  man- 
ner, such  salmon  as  they  may  deem  necessary  for  the  purpose 
of  proi)agation,  oi'  for  scientific  purposes. 

14.  Penalty.  Any  \i()l;!.ti()n  oi'  any  of  the  provisions  of 
tliis  act  shall  he  punishalilc  by  a  fine  of  not  less  than  one  hun- 
dred dollars  nor  more  than  (ivc  hnndred  dollars,  or  by  im- 
pi-isoinnent  in  the  county  jail  of  the  county  in  which  the 
conviction  shall  be  had  of  not  less  than  fifty  days,  nor  more 
th;iii  six  months,  or  bv   hoth  such  fine  and  impi'isonment,  and 


137  PENAL   CODE.  §  636 

all  fines  and  forfeitures  imi)oscd  and  collected  for  violation 
of  the  provisions  of  this  act  shall  be  paid  into  the  state  treas- 
ury, to  the  credit  of  the  fish  and  game  preservation  fund. 
[Amendment  approved  May  28,  1917;  Stats.  1917,  p.  1035.] 

§  636.  Protection  of  fish.  Use  of  nets.  Every  person  who 
shall  use  or  operate,  or  who  shall  assist  in  using  or  operating 
any  net,  trap,  line  or  other  appliance  for  the  purpose  of  tak- 
ing or  catching  fish,  mollusks  or  crustaceans  in  the  state  of 
California  at  any  time,  or  in  any  manner,  except  as  here- 
inafter provided,  is  guilty  of  a  misdemeanor. 

Use  of  gill-nets  in  certain  districts.  It  shall  1  e  lawful  to 
use  drift  gill-nets  in  fish  and  game  districts  five,  six,  seven, 
seven  A,  eight,  nine,  ten,  eleven,  twelve,  twelve  A,  tw^elve  B, 
thirteen,  fifteen,  sixteen,  seventeen,  eighteen,  nineteen  and 
twenty-two,  and  to  use  set  gill-nets  in  fish  and  game  dis- 
tricts seventeen,  eighteen  and  nineteen ;  provided,  that  in 
fish  and  game  districts  eleven,  twelve,  twelve  A,  twelve  B, 
and  thirteen  the  cork  line  of  any  gill-net  shall  not  be  sub- 
merged more  than  twelve  feet  below  the  surface  of  the 
water,  and  that  the  lines  attaching  the  buoys  or  floats  to 
the  cork  line  of  such  submerged  nets  be  not  more  than 
twelve  feet  in  length  and  that  the  points  of  attachment  of 
said  lines  on  the  cork  line  be  not  more  than  ten  fathoms 
apart ;  and  provided,  further,  that  in  fish  and  game  dis- 
tricts eleven,  twelve,  twelve  A,  twelve  B,  and  thirteen  the 
meshes  of  the  gill-nets  shall  be  approximately  the  same 
size  and  shall  not  vary  in  length  more  than  one  inch  ;  and 
provided,  that  gill-nets  are  not  to  be  used  in  fish  and  game 
districts  twelve  A  or  twelve  B  between  September  twenty- 
fifth  and  November  fourteenth  of  any  year,  both  dates  in- 
clusive, or  between  June  sixth  and  July  thirty-first  of  any 
year,  both  dates  inclusive,  and  any  gill-net  found  in  any 
fishing  boat  in  fish  and  game  district  twelve  A  or  twelve  B 
during  said  closed  season  shall  be  prima  facie  evidence  that 
the  owner  of  such  net  was  using  same  in  said  fish  and  game 
districts;  and  provided,  further,  that  no  gill-nets  are  to 
be  used  or  operated  in  fish  and  game  district  twelve  be- 
tw^een  the  first  day  of  March  and  the  thirty-first  day  of 
July  of  any  year,  both  dates  inclusive,  the  meshes  of  wliich 
measure  between  five  and  five-eighths  inches  and  seven  and 
one-half  inches  in  length.  Any  lines  used  on  gill-nets 
which  shall  tend  to  cause  the  webbing  of  such  gill-nets  to 
bag  or  hang  slack  shall  cause  such  net  to  lose  its  identity 
as  a  drift  gill-net  and  become  a  trammel-net. 


§  636  PENAL   CODE.  138 

Trammel-nets.  It  sliall  l)e  lawful  to  use  trammel-nets 
(also  known  as  two  mosh  and  three  mesh  nets)  in  fish  and 
game  districts  ten,  eighteen,  and  nineteen,  the  minimum 
meshes  of  which  shall  measure  not  less  than  eight  inches  in 
length. 

Purse  and  round  haul  nets.  It  shall  be  lawful  to  use 
purse-nets  and  round  haul-nets  (also  knoAvn  as  circle  seines 
or  lampara-nets)  in  fish  and  game  districts  five,  six,  nine, 
ten,  eleven,  twelve,  twelve  B,  thirteen,  fifteen,  sixteen,  seven- 
teen, eighteen,  ninteen,  twenty  A,  twenty-one  and  twenty- 
two  ;  provided,  that  in  fish  and  game  district  six,  purse  or 
round  haul  nets  are  not  to  be  used  for  taking  salmon  or 
steelhead;  and  provided,  further,  that  in  fish  and  game  dis- 
trict fifteen,  purse  or  round  haul  nets  shall  be  used  only  for 
the  purpose  of  taking  fish  for  bait,  and  that  in  fish  and 
game  district  sixteen  purse-nets  or  round  haul-nets  shall  be 
used  only  for  the  purpose  of  taking  squids,  anchovies,  and 
sardines ;  and  provided,  further,  that  round  haul  bait-nets 
or  blanket  bait-nets  may  be  used  in  fish  and  game  district 
twenty  A  for  the  purpose  of  taking  anchovies  or  sardines 
for  bait  only;  and  provided,  further,  that  it  shall  be  un- 
lawful for  any  boat  to  have  in  possession  any  net  within 
district  twenty  A,  other  than  round  haul  bait-nets  or  blanket 
1iait-nets. 

Beach-nets.  It  shall  be  lawful  to  use  beach-nets  (also 
known  as  beach-seines  or  haul  seines)  in  fish  and  game  dis- 
tricts five,  nine,  ten,  eleven,  twelve,  twelve  A,  twelve  B, 
thirteen,  eighteen,  nineteen  and  twenty-two ;  provided,  that 
in  fish  and  game  districts  five,  twelve,  twelve  A  and  twelve  B 
the  meshes  of  any  heaeh-nets  shall  measure  not  less  than 
five  and  one-half  inches  in  length,  and  that  in  fish  and  game 
districts  ten,  eighteen  and  nineteen  the  meshes  of  the  beach- 
nets  shall  measure  not  less  than  one  and  one-half  inches 
in  length ;  and  beach-nets  shall  only  be  used  in  fish  and  game 
disti'ict  nineteen  betAveen  the  first  day  of  S(>i)tember  and 
the  thirty-first  day  of  January  of  the  year  following,  both 
dates  inclusive,  and  for  tlie  purpose  of  taking  smelt  only. 

For  the  purpose  of  this  act,  any  net  hauled  from  the  water 
to  the  beach  or  shore  for  the  purpose  of  taking  fish,  shall  be 
known  as  a  beach-net. 

Fyke-nets.  It  shall  be  .lawful  to  use  fyke-nets  in  fish  and 
{/amc  district  twelve  B  fo?-  the  purpose  of  catching  catfish, 
carp,  pike,  hard-heads  and  siicUers  between  the  fifteenth  day 
of  August  and  the  foiwlcciith  day  of  May  of  the  year  fol- 


139  PENAL   CODE.  §  636 

lowing,  both  dates  mclusive ;  provided,  that  tlie  smallest 
meshes  of  any  fyke-net  so  used  shall  measure  not  less  than 
two  and  one-half  inches  in  length. 

Trawl-nets.  It  shall  be  lawful  to  use  trawl-nets  (also 
known  as  i^aranzella  nets,  beam  trawls  or  shrimp  trawls),  in 
fish  and  game  districts  five,  six,  seven,  thirteen  and  eighteen; 
provided,  that  the  use  of  any  trawl-net  in  fish  and  game  dis- 
trict thirteen  shall  be  for  the  purpose  of  taking  shrimp 
only. 

Crab-nets.  It  shall  be  lawful  to  use  crab-nets  in  fish  and 
game  districts  five,  six,  seven,  eight,  nine,  ten,  eleven,  tAvelve, 
thirteen,  seventeen,  eighteen  and  nineteen,  and  lobster-traps 
in  fish  and  game  districts  seventeen,  eighteen  and  nineteen. 

Shrimp-nets.  It  shall  be  lawful  to  use  shrimp-nets  (also 
known  as  Chinese  shrimp  or  bag  nets)  in  fish  and  game  dis- 
trict thirteen  for  the  purpose  of  taking  shrimp  only;  pro- 
vided, that  any  fish,  mollusks  or  crustaceans  other  than 
marketable  shrimp  that  may  be  taken  in  such  shrimp-nets 
shall  be  immediately  returned  to  the  water. 

Dip-nets.  It  shall  be  lawful  to  nse  dip-nets  for  the  pur- 
pose of  taking  fish  to  be  used  as  bait  only,  in  any  fish  and 
game  district,  excepting  fish  and  game  district  fourteen; 
provided,  that  in  fish  and  game  districts  one,  two,  three  and 
four  such  dip-net  shall  not  be  baited;  and  provided,  fur- 
ther, that  any  dip-net  in  fish  and  game  districts  one,  two, 
three,  four,  nineteen,  twenty  and  twenty  A  shall  not  measure 
more  than  six  feet  in  its  greatest  breadth. 

Troll  lines.  ■  It  shall  be  lawful  to  use  troll  lines  or  hand 
lines  in  any  fish  and  game  district,  except  fish  and  game 
district  fourteen,  and  to  use  trawl  lines  in  fish  and  game 
districts  five,  six,  seven,  ten,  seventeen,  eighteen  and  nine- 
teen. It  shall  also  be  lawful  to  use  trawl  lines  (also  known 
as  set  lines)  in  any  lake  in  fish  and  game  district  two,  hav- 
ing a  surface  area  of  not  less  than  seventy-five  square  miles, 
for  the  purpose  of  catching  catfish  only;  provided,  that  it 
shall  be  unlawful  to  use  minnows  or  any  species  of  young 
fish  on  hooks  attached  to  such  trawl  lines. 

Spade,  shovel,  etc.  It  shall  be  law^ful  to  use  any  spade, 
sliovel,  hoe,  rake  or  other  appliance  operated  by  hand  for 
the  purpose  of  taking  mollusks  in  fish  and  game  districts 
five,  six,  seven,  'eight,  nine,  ten,  eleven,  twelve,  thirteen, 
fifteen,  sixteen,  seventeen,  eighteen,  nineteen  and  twenty- 
one. 


§  637  PENAL    CODE.  140 

Set-nets  and  lines.  Any  net  or  line  shall  be  considered 
a  set-net  or  set-line  that  is  made  fast  to  the  bank  or  ground 
or  that  shall  be  made  fast  in  any  way  and  shall  not  be  free 
to  drift  with  the  tide  or  current;  provided,  that  fyke-nets, 
shrimp-nets  or  crab-nets  shall  not  be  considered  set-nets,  nor 
trawl  lines  be  considered  set  lines.  The  length  of  the  meshes 
of  any  net  shall  be  determined  by  taking  at  least  four 
meshes  and  measuring  them  between  the  knots  while  they 
are  simultaneously  drawn  closely  together. 

Recovering  fish  from  overflowed  areas.  Nothing  in  this 
section  shall  prevent  the  fish  and  game  commission,  or  per- 
sons authorized  by  them,  from  using  any  net  or  other  appli- 
ance in  any  fish  and  game  district  for  the  purpose  of  recov- 
ering fish  from  overflowed  areas  or  landlocked  sloughs  or 
ponds  where  they  have  been  left  isolated  by  receding 
streams  or  flood  waters. 

Scientific  investigation.  Condemned  nets.  Nothing  in 
this  section  shall  prohil)it  the  fish  and  game  commission,  or 
anyone  authorized  by  them,  from  using  such  nets,  traps  or 
other  appliances  in  the  waters  of  the  state  as  they  may 
deem  necessary  for  carrying  on  scientific  investigation  or 
for  the  propagation  of  fish,  moUusks  or  crustaceans.  Be  it 
provided,  that  any  net,  duly  condemned  in  accordance  with 
the  provisions  of  section  six  hundred  thirty-six  a  of  the 
Penal  Code,  shall  be  destroyed  or  sold  by  order  of  the  fish 
and  game  commission,  and  Avhen  sold  all  proceeds  collected 
for  the  sale  of  such  net  or  nets  shall  be  paid  into  the  state 
treasury  to  the  credit  of  the  fish  and  game  preservation 
fund. 

Penalty.  Every  person  violating  any  of  the  provisions  of 
this  section  shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  punished  by  a  fine  of  not  less  than 
one  liundred  dollars,  or  by  imprisonment  in  the  county  jail 
of  the  county  in  which  conviction  shall  l-»e  had  not  less  than 
fifty  days,  or  by  both  such  fine  and  imprisonment;  and  all 
fines  and  forfeitures  imposed  and  collected  for  any  violation 
of  any  of  the  provisions  of  this  section  shall  be  paid  into 
the  state  treasury,  to  the  credit  of  the  fish  and  game  pres- 
ervation fund.  [Amendment  approved  May  28,  1917 ;  Stats. 
1917,  p.  1043.] 

§  637.  Fishways  provided  over  or  around  dams.  To  be 
kept  free  from  obstructions.  Hatchery  constructed  v^^hen 
fishway  impracticable.     Planting  of  fish.     Right  of  access, 


141  PENAL   CODE.  §  637 

Sale  of  young-  fish.  Hearing  on  necessity  for  ladders.  Or- 
ders of  commission.  1.  It  shall  be  the  duty  of  the  state 
board  of  fish  and  ^amo  commissioners  to  examine,  from 
time  to  time,  all  dams  and  artificial  obstructions  in  all  rivers 
and  streams  in  this  state  naturally  frequented  by  salmon, 
trout,  shad  and  other  fish  ;  and  if,  in  its  opinion,  there  is  not 
free  passage  for  fish  over  and  around  any  dam  or  artificial 
obstruction,  to  order  in  writing  the  owners  or  occupants 
thereof  to  provide  the  same,  within  a  specified  time,  with  a 
durable  and  efficient  fisliAvay,  of  such  form  and  capacity, 
and  in  such  location  as  shall  be  determined  by  the  state 
board  of  fish  and  game  commissioners,  or  persons  authorized 
by  them,  and  such  fishway  must  be  completed  by  the  owners 
or  occupants  of  such  dam  or  artificial  obstruction  to  the 
satisfaction  of  said  commissioners,  within  the  time  specified ; 
and  it  shall  be  incumbent  upon  the  owners  or  occupants  of 
all  dams  or  artificial  obstructions,  where  the  state  board 
of  fish  and  game  commissioners  require  such  fishways  to  be 
provided,  to  keep  the  same  in  repair  and  open  and  free  from 
obstructions  to  the  passage  of  fish  at  all  times ;  and  no  person 
shall  willfully  destroy,  injure,  or  obstruct  any  such  fishway; 
provided,  that  the  owners  or  occupants  of  any  dam  or 
artificial  obstruction  shall  allow  sufficient  water  at  all  times 
to  pass  through  such  fishway  to  keep  in  good  condition  any 
fish  that  may  be  planted  or  exist  beloAv  said  dam  or  obstruc- 
tion; provided,  further,  that  during  the  minimum  flow  of 
water  in  any  river  or  stream  permission  may  be  granted  by 
the  state  board  of  fish  and  game  commissioners  to  allow  the 
owners  or  occupants  of  any  dam  or  artificial  obstruction 
to  allow  sufficient  water  to  pass  through  a  culvert,  waste 
gate,  or  over  or  around  the  dam,  to  keep  in  good  condition 
any  fish  that  may  be  planted  or  exist  below  said  dam  or 
artificial  obstruction,  when  in  the  judgment  of  the  state 
board  of  fish  and  game  commissioners  it  is  impracticable  to 
pass  the  water  through  the  fishway  to  the  detriment  of  the 
owner  or  occupant  thereof. 

Whenever  in  the  opinion  of  the  state  fish  and  game  com- 
mission it  shall  be  impracticable,  because  of  the  height  of 
any  dam  or  other  artificial  obstruction,  or  other  conditions,  to 
construct  a  fishway  over  or  around  said  dam  or  other  arti- 
ficial obstruction,  the  fish  and  game  commission  may  order 
in  lieu  of  said  fishway  the  owners  or  occupants  of  said  dam 
or  other  artificial  obstruction  to  completely  equip,  within 
a  specified  time,  on  a  site  to  be  selected  by  said  fish  and 
game  commission,  a  hatchery,  together  with  dwellings  for 


§  637  PENAL   CODE.  142 

help,  traps  for  tlie  taldiis-  of  fish,  and  all  other  eciuipmeiit 
necessary  to  operate  a  hatchery  station,  according  to  plans 
and  specifications  furnished  by  the  fish  and  game  commis- 
sion, who  shall  thereafter  operate  said  hatchery  without 
further  expense  to  said  owner  or  occupant  of  said  dam  or 
other  artificial  obstruction.  The  aforesaid  hatchery,  traps 
and  other  equipment  necessary  to  operate  a  hatchery  station 
shall  not  be  of  a  size  greater  than  necessary  to  supply  the 
said  stream  or  river  with  a  reasonable  number  of  such  fish. 
The  said  owners  or  occupants  of  said  dam  or  other  artificial 
obstruction  shall  permit  said  fish  and  game  commission  to 
locate  the  aforesaid  hatchery,  dwellings,  traps  and  other 
equipment  upon  any  of  the  laud  of  the  owners  or  occupants 
of  said  dam  or  other  artificial  obstruction  upon  a  site  or 
sites  to  be  mutually  agreed  upon  by  the  fish  and  game  com- 
mission and  the  said  owners  or  occupants  of  said  dam  or 
other  artificial  obstruction. 

If  the  said  owners  or  occupants  of  said  dam  or  other  arti- 
ficial obstruction  shall  generate  electricity  at  said  place  of 
said  dam  or  other  artificial  obstruction,  then  and  in  that 
case  said  owners  or  occupants  shall  furnish  sufficient  light, 
without  expense,  for  the  use  of  said  hatchery  when  located 
and  established. 

Said  owners  or  occupants  shall  also  permit  the  use  of 
water,  without  expense,  to  operate  said  proposed  hatchery; 
provided,  however,  that  the  fish  and  game  commission  may, 
in  lieu  of  said  fishway,  hatchery,  dwellings,  traps  and  other 
equipment  necessary  to  operate  a  hatchery  station  as  afore- 
said, order  the  owners  or  occupants  of  said  dam  or  other 
artificial  obstruction  to  plant,  under  the  supervision  of  the 
fish  and  game  commission,  the  young  of  such  fish  as  natu- 
i-ally  freqrunit  the  waters  of  said  stream  or  river,  at  such 
times,  in  such  places  and  in  such  numbers  as  the  fish  and 
game  connnission  may  order;  provided,  further,  that  said 
owners  or  occupants  of  said  dam  or  other  artificial  obstruc- 
tion shall  accord  to  the  public,  for  the  purpose  of  fishing,  the 
right  of  access  to  the  waters  impounded  by  said  dam  or 
other  artificial  obstruction,  during  the  open  season  for  the 
taking  of  fish  in  such  stream  or  river,  subject  to  the  rules 
and  regulations  of  said  fish  and  game  commission. 

The  said  owners  or  occupants  of  said  dam  or  other  arti- 
ficial obstruction  shall  not  be  liable  in  damages  to  any  per- 
son exercising  the  right  of  access  to  the  waters  impounded 
by  said  dam  or  other  artificial  obstruction,  as  aforesaid,  who 
shall    siid'.'r   injuiy   through    coming    in    contact   with,   or 


143  PENAL    CODE,  §  (j'.H 

meddling  with,  any  of  the  pi"operty  of  said  owners  or  occu- 
pants. 

The  fish  and  game  commission  may  sell,  at  cost  to  it.  to 
such  owners  or  occupants  of  such  dam  or  other  ai'tificial 
obstruction  the  young  of  fish  ordered  to  be  planted  in  such 
stream  or  river. 

Every  person  found  guilty  of  any  of  the  provisions  of 
this  act  must  be  fined  in  a  sum  of  not  less  than  one  hundred 
fifty  dollars  or  imprisoinnent  in  the  county  jail  of  the  county 
in  which  the  conviction  shall  be  had,  not  less  than  one  hun- 
dred days,  or  by  both  such  fine  and  imprisonment ;  and 
all  fines  and  forfeitures  imposed  and  collected  for  any  vio- 
lation of  this  act  shall  be  paid  into  the  state  treasury,  to 
the  credit  of  the  fish  and  game  preservation  fund. 

After  making  any  order  to  place  and  maintain  such  ladder, 
or  to  equip  and  convey  such  hatchery  and  site,  or  to  plant 
such  fish  the  state  board  of  fish  and  game  commissioners 
shall,  when  requested  by  the  owners  or  parties  in  charge, 
fix  a  time  and  place,  in  the  county  in  which  the  dam  or  other 
artificial  ol;struction  is  situated,  for  the  taking  of  evidence 
upon  the  question  of  the  necessity  of  placing  and  maLntain- 
ing  such  ladder  or  of  equii)ping  and  conveying  such  hatch- 
ery and  site,  or  of  planting  such  fish  and  cause  notices  in 
writing  of  such  time  and  place  where  such  hearing  is  to  be 
held  to  be  served  upon  the  owners  or  persons  in  charge  of 
such  dam  or  other  artificial  obstruction,  at  least  ten  days 
before  the  day  set  for  the  hearing.  If  said  request  for  a 
hearing  upon  the  order  to  place  and  maintain  such  ladder 
or  to  equip  such  hatchery  and  site,  or  to  plant  such  fish,  is 
not*-  made  wuthin  ten  days  after  the  service  of  such  order 
upon  said  owners  or  parties  in  charge  of  said  dam  or  other 
artificial  obstruction  said  order  shall  become  final.  At  such 
time  and  place  testimony,  under  oath,  shall  be  taken,  both 
on  the  part  of  the  state  board  of  fish  commissioners  and  the 
owner  or  person  in  charge  of  such -dam  or  other  artificial 
obstruction,  if  such  owner  or  persons  in  charge  appears  and 
offers  evidence,  and  thereupon  the  state  board  of  fish  com- 
missioners from  the  evidence  offered  shall  determine  whether 
or  not  the  necessity  for  the  placing  and  maintaining  a  ladder 
on  said  dam  or  other  artificial  obstruction  or  the  equipping 
and  conveying  such  hatchery  and  site  or  the  planting  of 
such  fish  is  shown,  and  if  show^n  to  be  required  and  neces- 
sary, said  state  board  of  fish  commissioners  may  direct  and 
order  the  placing  and  maintaining  such  ladder  or  the  equip- 
ment and  conveyance  to  the  state  of  said  hatchery,  equip- 


§  637  PENAL   CODE.  144 

ment  and  site  or  the  planting  of  such  fish.  Such  order  to 
also  fix  the  point  where  the  ladder  or  hatchery  and  equip- 
ment is  to  be  located  or  the  number  of  and  place  where  such 
fish  are  to  be  planted,  and  a  certified  copy  of  such  order  to 
be  served  upon  the  owners  or  parties  in  charge  of  such  dam 
or  other  artificial  obstruction. 

The  evidence  in  any  investigation,  inquiry  or  hearing,  pro- 
vided by  this  section,  may  be  taken  by  any  of  the  members 
of  the  board  of  fish  and  game  commissioners,  or  such  deputy 
fish  and  game  commissioner,  or  employee,  as  the  board  may 
designate  to  take  such  evidence,  and  each  member  of  the 
board  and  any  of  its  deputies  and  employees  designated  to 
take  evidence  at  the  hearing  provided  hereby  shall  have 
the  power  to  administer  oaths,  take  affidavits  and  issue  sub- 
poenas for  the  attendance  of  witnesses  at  such  hearings. 
Each  witness,  legally  subpoenaed,  attending  at  a  hearing, 
shall  receive  for  his  attendance  the  same  fees  and  mileage 
allowed  by  law  to  a  witness  in  civil  cases,  which  amount 
shall  be  paid  by  the  party  at  whose  request  such  witness  is 
subpoenaed. 

The  superior  court  in  and  for  the  county,  or  city  and 
county,  in  which  any  inquiry,  investigation,  hearing  or  pro- 
ceeding may  be  held  under  authority  of  this  section  shall 
have  the  power  to  compel  the  attendance  of  witnesses,  the 
giving  of  testimony  and  the  production  of  papers,  as  re- 
quired by  any  subpoena  issued  under  authority  of  this  sec- 
tion. The  commission  or  representative  of  the  commission 
before  whom  the  testimony  is  to  be  given  or  produced,  in 
case  of  the  refusal  of  any  witness  to  attend  or  testify  or 
produce  any  papers  required  by  such  subpoena,  may  report 
to  the  superior  court  in  and  for  the  county,  or  city  and 
county,  in  which  the  proceeding  is  pending,  by  petition, 
setting  forth  that  due  notice  has  been  given  of  the  time 
and  place  of  attendance  of  said  witnesses,  or  the  production 
of  said  papers,  and  that  the  witness  has  been  summoned 
in  the  manner  prescribed  in  this  act,  and  that  the  witness 
has  failed  and  refused  to  attend  or  produce  the  papers  re- 
quired by  the  sul)poena,  before  the  commission  or  its  rep- 
resentative, in  the  cause  or  proceeding  named  in  the  notice 
and  subpoena,  oi'  has  refused  to  answer  questions  pro- 
pounded in  the  course  of  such  proceeding,  and  ask  an  order 
of  said  court,  compelling  the  witness  to  attend  and  testify 
or  i)roduce  said  papers  before  the  commission  or  its  repre- 
sentative. The  court,  upon  tlie  petition  of  the  commission 
Oi-  its  i-ei>resentative,  shall  enter  an  order  directing  the  wit- 


145  PENAL  CODE.  §  637a 

ness  to  appear  before  the  court  at  a  time  and  place  to  be 
fixed  by  the  court  in  such  order,  the  time  to  be  not  more 
than  ten  days  from  the  date  of  the  order,  and  then  and  there 
show  cause  why  he  has  not  attended  and  testified  or  pro- 
duced said  papers  before  the  commission  or  its  representa- 
tive. A  copy  of  said  order  shall  be  served  upon  said  wit- 
ness. If  it  shall  appear  to  the  court  that  said  subpoena  was 
regularly  issued  by  the  commission  or  its  representative, 
the  court  shall  thereupon  enter  an  order  that  said  witness 
appear  before  the  commission  or  its  representative  at  the 
time  and  place  to  be  fixed  in  said  order,  and  testify  or  pro- 
duce the  required  papers,  and  upon  failure  to  obey  said 
order,  said  witness  shall  be  dealt  with  as  for  contempt  of 
court. 

The  commission  or  its  representative  or  any  party  may, 
in  any  investigation  or  hearing  before  the  commission  or 
its  representative,  cause  the  deposition  of  witnesses  resid- 
ing within  or  without  the  state  to  be  taken  in  the  manner 
prescribed  by  law  for  like  depositions  in  civil  actions  in  the 
superior  courts  of  this  state  and  to  that  end  may  compel 
the  attendance  of  witnesses  and  the  production  of  docu- 
ments and  papers.  [Amendment  approved  June  1,  1917 ; 
Stats.  1917,  p.  1521.] 

§  637a.  Protection  of  wild  birds.  Game  birds  enumer- 
ated. Every  person  in  the  .state  of  California  who  shall 
at  any  time  kill  or  catch,  or  have  in  his  possession,  living 
or  dead,  any  wild  bird  other  than  a  game  bird,  or  who  shall 
purchase,  offer  or  expose  for  sale,  transport  or  ship  within 
or  out  of  the  state,  any  such  wild  bird  after  it  has  been 
killed  or  caught,  except  as  permitted  by  this  act,  shall  be 
guilty  of  a  misdemeanor.  No  part  of  the  plumage,  skin  or 
body  of  any  bird  protected  by  this  section  shall  be  sold 
or  had  in  possession  for  sale,  irrespective  of  whether  said 
bird  was  captured  or  killed  within  or  without  the  state. 
For  the  purpose  of  this  act  the  following  only  shall  be  con- 
sidered game  birds :  The  Anatidae,  commonly  known  as 
swans,  geese,  brant  and  river  and  sea  ducks;  the  Rallidae, 
commonly  known  as  rails,  coots  and  gallinules ;  the  Limi- 
colae,  commonly  known  as  shore  birds,  plover  surf  birds, 
snipe,  sandpipers,  tatlers  and  curlews ;  the  Gallinae,  com- 
monly known  as  -wild  turkeys,  grouse,  prairie  chicken, 
pheasants,  partridges,  and  quails;  and  the  species  of  Colum- 
bidae,  known  as  wild  pigeons  and  doves.  All  other  species 
10 


§§  6371/2-704  PENAL   CODE.  146 

of  wild  birds  oither  resident  or  migratory  shall  be  cousid- 
ered  iiongame  birds ;  provided,  that  the  English  or  European 
house  sparrow,  the  great  horned  owl,  sharp-shinned  hawk, 
Cooper's  hawk,  duck  hawk,  butcher  bird,  bluejay,  house- 
finch,  commonly  known  as  the  California  linnet,  are  not  in- 
cluded among  the  birds  protected  by  this  act ;  and  provided, 
further,  that  in  fish  and  game  district  one,  in  fish  and  game 
district  two  and  fish  and  game  district  three  the  blackbird 
is  not  included  among  the  birds  protected  by  this  act ;  pro- 
vided, further,  that  nothing  in  this  section  shall  prohibit  the 
killing  of  a  robin,  or  other  wild  bird  by  the  owner  or  tenant 
of  any  premises  wiiere  such  bird  is  found  destroying  berries, 
fruit  or  crops  growing  on  such  premises,  but  the  birds  so 
killed  shall  not  be  shipped  or  sold ;  and  nothing  in  this  act 
shall  prevent  a  citizen  of  California  from  taking  or  keep- 
ing any  wild  nongame  bird  as  a  domestic  pet  if  such  bird 
shall  not  be  sold  or  offered  for  sale,  or  transported  out  of 
the  state,  a  permit  to  keep  the  same  having  first  been 
obtained  from  the  state  board  of  fish  and  game  commis- 
sioners. [Amendment  approved  May  18,  1917;  Stats.  1917, 
p.  656.] 

§6371/2-  "Predatory  animals"  defined.  Where  the 
words  "predatory  animals"  occur  in  this  chapter,  the  fol- 
lowing animals  only  shall  be  considered  predatory  animals: 
The  order  Insectivora  (moles,  shrews),  the  family  Canidae 
(wolves,  coyotes,  foxes),  the  family  Procyonidae  (ringtail 
cats,  coons),  the  family  jNIustelidae  (martins,  fishers,  wolver- 
ines, weasels,  minks,  skunks,  badgers),  the  family  Felidae 
(cougars,  wild  eats,  jack  rabbits),  the  order  Rodentia  (rats, 
mice,  gophers),  except  the  families  Sciuridae  and  Petauris- 
t'idae  (tree  squirrels,  flying  squirrels),  the  black-tailed  jack- 
rabbit  of  the  order  Lagomorpha;  and  the  following  species 
of  birds:  blue  jays,  Englisli  or  European  house  sparrow, 
great  horned  owl,  sharp-shinned  liawk,  Cooper's  haAvk,  duck 
hawk  and  house  finch,  commonly  known  as  California  linnet. 
[Amendment  approved  April  -").  1917;  Stats.  1917,  p.  44.] 

§  704.  Testimony  before  ma^strate  may  be  taken  in 
shorthand.  AVlicn  fhc  pei-son  informed  against  is  brought 
bcfoi'c  llie  mngistrate,  if  the  charge  be  controverted,  the 
magistrate  must  take  testimony  in  relation  thereto.  The 
evidence  must  be  reduced  to  writing  and  subsci-ibed  by  the 
witnesses.  The  nuigistrate  nuiy,  in  his  discretion,  order  tlu^ 
testimony  Miid  i)i-oceedings  to  be  taken  down  in  shoi-thand, 


147  PENAL   CODE.  §  928 

and  for  that  i)urpose  he  may  appoint  a  sliorthand  r('i)oi'tcr. 
The  deposition  or  testimony  of  the  witnesses  must  be  authen- 
ticated in  the  form  prescribed  in  section  eight  hundred  sixty- 
nine  of  this  code.  [Amendment  approved  April  20,  1917 ; 
Stats.  1917,  p.  14G.] 

§  928.  Grand  jury  to  examine  books.  It  shall  be  the 
duty  of  the  grand  jury  annually  to  make  a  careful  and  com- 
l)lete  examination  of  the  books,  records,  and  accounts  of  all 
the  otBcers  of  the  county,  and  especially  those  pertaining  to 
the  revenue,  and  report  as  to  the  facts  they  have  found, 
with  such  recommendations  as  they  may  deem  proper  and 
fit;  and  if,  in  their  judgment,  the  services  of  an  expert  are 
necessary,  they  shall  have  power  to  employ  one,  at  an  agreed 
compensation,  not  to  exceed  ten  dollars  a  day,  to  be  first 
approved  by  the  court;  and  if,  in  their  judgment,  the  ser- 
vices of  assistants  to  such  expert  are  required,  they  shall 
have  power  to  employ  such,  at  a  compensation  to  be  agreed 
upon  and  approved  by  the  court,  not  to  exceed,  however, 
five  dollars  a  day  for  each  assistant,  such  compensation  of 
expert  and  assistants  to  be  payable  as  other  county  charges. 
It  shall  be  the  duty  of  every  grand  jury  first  impaneled  in 
even-numbered  years  to  investigate  and  report  upon  the 
needs  of  all  county  officers  in  its  county,  including  increase 
or  decrease  in  salaries,  number  of  officers,  deputies  or  em- 
ployees, the  abolition  or  creation  of  offices  and  the  equip- 
ment for,  or  the  method  or  system  of  performing  the  duties 
of  the  several  offices,  and  it  shall  cause  a  copy  of  such  report 
to  be  transmitted  to  each  member  of  the  legislature  repre- 
senting the  county  in  which  it  has  been  impaneled  before 
the  commencement  of  the  regular  session  of  the  legislature 
in  odd-numbered  years.  The  judge,  on  impanelment  of 
the  grand  jury,  shall  charge  them  especially  as  to  their 
duties  under  this  section;  provided,  that  if  any  grand  jury 
shall,  in  the  report  above  mentioned,  comment  upon  any 
person  or  official  Avho  has  not  been  indicted  by  the  said 
grand  jury,  the  said  comments  shall  not  be  deemed  to  be 
privileged.  Any  and  all  expenses  incurred  under  this  sec- 
tion and  also  the  per  diem  of  the  grand  jurors  shall  be  paid 
by  the  treasurer  of  the  county  out  of  the  general  fund  of 
said  county  upon  warrants  drawn  by  the  county  auditor 
upon  the  written  order  of  the  judge  of  the  superior  court 
in  said  county.  [Amendment  approved  April  24,  1917 ; 
Stats.  1917,  p.  167.] 


§  1168  PENAL,   CODE.  148 

§  1168,  Term  of  imprisonment  not  fixed,  (a)  Every 
person  convicted  of  a  public  offense,  for  which  public  offense 
punishment  by  imprisonment  in  any  reformatory  or  the  state 
prison  is  now  prescribed  by  law,  if  such  convicted  person 
shall  not  be  placed  on  probation,  a  new  trial  granted,  or 
imposing  of  sentence  suspended,  shall  be  sentenced  to  be 
confined  in  the  state  prison,  but  the  court  in  imposing  such 
sentence  shall  not  fix  the  term  or  duration  of  the  period  of 
imprisonment. 

(b)  Maximum  and  minimum  term.  It  is  hereby  made  the 
duty  of  the  warden  of  the  state  prison  to  receive  such  per- 
son, who  shall  be  confined  until  duly  released  as  provided 
for  in  this  act;  provided,  that  the  period  of  such  confine- 
ment shall  not  exceed  the  maximum  or  be  less  than  the  mini- 
mum term  of  imprisonment  provided  by  law  for  the  public 
offense  of  which  such  person  was  convicted. 

(c)  Information  furnished  state  board  of  prison  directors. 

It  shall  be  the  duty  of  the  judge  l3efore  whom  such  convicted 
person  was  tried,  and  of  the  district  attorney  conducting  the 
prosecution,  to  obtain  and  with  the  commitment  furnish  to 
the  state  board  of  prison  directors  in  writing  all  information 
that  can  be  given  in  regard  to  the  career,  habits,  degree  of 
education,  age,  nativity,  nationality,  parentage,  and  previous 
occupation,  of  such  convicted  person,  together  with  a  state- 
ment to  the  best  of  their  knowledge  as  to  whether  such  person 
was  industrious  or  not,  of  good  character  or  not,  the  nature 
of  his  associates  and  his  disposition. 

(d)  Length  of   term  after  expiration  of  minimum  term. 

The  governing  authority  of  the  reformatory  or  prison  in 
which  such  person  may  be  confined,  or  any  board  or  com- 
mission that  may  be  hereafter  given  authority  so  to  do,  shall 
determine  after  the  expiration  of  the  minimum  term  of  im- 
prisonment has  expired,  what  length  of  time,  if  any,  such 
person  shall  be  confined,  unless  the  sentence  be  sooner  ter- 
minated by  commutation  or  pardon  by  the  governor  of  the 
state ;  and  if  it  be  determined  that  such  person  so  sentenced 
be  released  before  the  expiration  of  the  maximum  period 
for  which  lie  is  sentenced,  then  such  person  shall  be  released 
at.  such  time  as  the  governing  board,  commission  or  other 
authority  may  determine. 

(e)  Rules  and  regulations.  Tlic  state  board  of  prison 
directors  shall  make  all  necessar}^  rules  and  i-egnlations  to 
carry  out  tiie  provisions  of  this  act  not  inconsistent  there- 


149  PENAL  CODE.  §§  1202a,  1203 

with,  and  may  provide  the  forms  of  all  documents  necessary 
therefor. 

(f)  Discharge  on  serving  maximum  punishment.  Any 
convicted  person  undergoing  sentence  in  either  of  the  state 
prisons  of  this  state,  not  sooner  released  under  the  provisions 
of  this  act  shall,  in  accordance  with  the  provisions  of  exist- 
ing law,  be  discharged  from  custody  on  serving  the  maxi- 
mum punishment  provided  by  law  for  the  offense  of  which 
such  person  was  convicted.  [New  section  added  May  18, 
1917;  Stats.  1917,  p.  665.] 

§  1202a.  Imprisonment  in  state  prison.  If  the  j  udgment 
is  for  imprisonment  in  the  state  prison  it  shall  direct  that 
the  defendant  be  taken  to  the  warden  of  the  state  prison 
at  San  Quentin.  Thereafter,  and  until  the  termination  of 
the  sentence,  the  state  board  of  prison  directors  may  trans- 
fer the  defendant  from  one  state  prison  to  the  other  as  in 
the  opinion  of  the  board  conditions  may  require.  [New  sec- 
tion added  May  18.  1917;  Stats.  1917,  p.  688.] 

§  1203.  Hearing  on  probation.  After  plea  or  verdict  of 
guilty,  where  discretion  is  conferred  upon  the  court  as  to 
the  extent  of  the  punishment,  the  court,  upon  oral  sugges- 
tions of  either  party,  or  of  its  own  motion,  that  there  are 
circumstances  which  may  properly  be  taken  into  view,  either 
in  aggravation  or  mitigation,  of  the  punishment,  may  in  its 
discretion  refer  the  same  to  the  probation  officer,  direct- 
ing said  probation  officer  to  investigate,  and  to  report, 
recommending  either  for  or  against  release  upon  probation, 
at  a  specified  time,  and  the  court  shall  hear  the  same  sum- 
marily at  such  specified  time,  and  upon  such  notice  to  the 
adverse  party  as  it  may  direct.  At  such  specified  time,  if 
it  shall  appear  from  the  report  furnished  by  the  probation 
officer,  or  otherwise,  and  from  the  circumstances,  of  any 
person  over  the  age  of  eighteen  years  so  having  pleaded 
guilty,  or  having  been  convicted  of  crime,  that  there  are 
circumstances  in  mitigation  of  the  punishment,  or  that  the 
ends  of  justice  shall  be  subserved  thereby,  the  court  shall 
have  power,  in  its  discretion,  to  place  the  defendant  upon 
probation  in  the  manner  following : 

(a)  Suspension  of  sentence.  Bonds.  The  court,  judge  or 
justice  thereof,  may  suspend  the  imposing,  or  the  execution 
of  sentence  and  may  direct  that  such  suspension  may  con- 
tinue for  such  period  of  time  not  exceeding  the  maximum 
possible  term  of    such  sentence,  except  as  hereinafter  set 


§  1203  PENAL    CODE.  150 

forth,  and  upon  such  terms  and  conditions  as  it  shall  deter- 
mine, -which  terms  and  conditions  may  include,  in  the  dis- 
cretion of  the  court,  the  requirements  of  bonds  for  the 
appearance  of  the  person  released  upon  i)robation  before 
the  court,  at  any  time  that  the  court  may  require  such 
appearance  in  the  investigation  of  any  alleged  violation  of 
said  terms  and  conditions  of  probation  and  such  bonds  may 
be  at  any  time  by  the  court  exonerated  without  affecting 
any  of  the  other  terms  or  conditions  of  sucH  probation ;  and 
in  case  of  such  suspension  of  imposition  or  execution  of  sen- 
tence, the  court  shall  place  such  person  on  probation  and 
under  the  charge  and  supervision  of  the  probation  officer 
of  said  court,  during  such  suspension;  provided,  however, 
that  where  the  maximum  possible  term  of  such  sentence  is 
less  than  two  years,  then  such  period  of  suspension  of 
imi^osition  or  execution  of  sentence  may,  in  the  discretion 
of  the  court,  continue  for  not  over  two  years.  Where  the 
offense  consists  of  a  violation  of  section  two  hundred  seventy 
or  two  hundred  seventy  a  of  the  Penal  Code  of  the  state  of 
California,  such  suspension  of  imposition  or  execution  of 
sentence  may,  in  the  discretion  of  the  court,  continue  foi* 
not  over  five  years. 

(b)  Opportunity  to  pay  fine.  If  the  judgment  is  to  pay 
a  fine,  and  the  defendant  be  imprisoned  until  it  be  paid, 
the  court,  judge  or  justice,  ui:»on  imposing  sentence,  may 
direct  that  the  execution  of  the  sentence  of  imprisonment 
be  suspended  for  such  period  of  time,  not  exceeding  the 
maximum  possible  term  of  such  sentence,  and  on  such  terms 
as  it  shall  determine,  and  shall  place  the  defendant  on  pro- 
bation, under  the  charge  and  supervision  of  the  probation 
officer  during  such  suspension,  to  the  end  that  he  may  be 
given  the  opportunity  to  pay  the  fine ;  provided,  however, 
that  upon  the  payment  of  the  fine  being  made,  judgment 
shall  be  satisfied  and  the  probation  cease. 

(c)  Rearrest.  Judgment  pronounced.  At  any  time  dur- 
ing the  probationary  term  oC  the  per-son  released  on  pro- 
bation, in  accordance  with  the  provisions  of  this  section, 
any  probation  officer  may,  without  warrant,  or  other  process, 
at  any  time  until  the  final  disposition  of  the  case,  rearrest 
any  person  so  placed  in  his  cave  and  bring  him  before  the 
court,  or  the  court  may,  in  its  discretion,  issue  a  warrant 
for  the,  rearrest  of  any  such  person  and  may  thereupon 
revoke  and  terminate  such  probation,  if  the  interest  of  jus- 
lice  so  I'cquires,  and  if  tlu?  court,  in  its  judgment,  shall  have 


151  PENAL    CODE.  §  1203 

reason  to  believe  from  tlic  I'eport  of  tlie  prol)ation  officer,  or 
otherwise,  that  the  person  so  plaeed  ui)on  proljation  is  violat- 
ing the  conditions  of  his  probation,  or  engaging  in  criminal 
practices,  or  has  become  abandoned  to  improper  associates, 
or  a  vicious  life.  Upon  such  revocation  and  termination, 
the  court  may,  if  the  sentence  has  been  suspended,  pronounce 
judgment  after  the  said  suspension  of  the  sentence  for  any 
time  within  the  longest  period  for  which  the  defendant 
might  have  been  sentenced,  but  if  the  judgment  has  been 
pronounced  and  the  execution  thereof  has  been  suspended, 
the  court  may  revoke  such  suspension,  whereupon  the  judg- 
ment shall  be  in  full  force  and  effect,  and  the  person  shall 
be  delivered  over  to  the  proper  officer  to  serve  his  sentence. 

(d)  Court  may  revoke  order.  The  court  shall  have  power 
at  any  time  during  the  term  of  probation  to  revoke  or  mod- 
ify its,  order  of  suspension,  of  imposition  or  execution  of 
sentence.  It  may,  at  any  time,  when  the  ends  of  justice  will 
be  subserved  thereby,  and  when  the  good  conduct  and  re- 
form of  the  person  so  held  on  probation  shall  warrant  it, 
terminate  the  period  of  probation  and  discharge  the  person 
so  held,  but  no  such  order  shall  be  made  Avithout  wa-itten 
notice  first  given  by  the  court  or  the  clerk  thereof  to  the 
proper  probation  officer  of  the  intention  to  revoke  or  modify 
its  order,  and  in  all  cases,  if  the  court  has  not  seen  fit  to 
revoke  the  order  of  probation  and  impose  sentence  or  pro- 
nounce judgment,  the  defendant  shall,  at  the  end  of  the 
term  of  probation  be  by  the  court  discharged. 

(e)  Change  of  plea.  Every  defendant  who  has  fulfilled 
the  conditions  of  his  probation  for  the  entire  period  thereof, 
or  who  shall  have  been  discharged  from  probation  prior  to 
the  termation  of  the  period  thereof,  shall  at  any  time  prior 
to  the  expiration  of  the  maximum  period  of  punishment  for 
the  offense  of  which  he  has  been  convicted,  dating  from  said 
discharge  from  probation  or  said  termination  of  said  period 
of  probation,  be  permitted  by  the  court  to  withdraw  his  plea 
of  guilty  and  enter  a  plea  of  not  guilty ;  or  if  he  has  been  con- 
victed after  a  plea  of  not  guilty,  the  court  shall  set  aside  the 
verdict  of  guilty ;  and  in  either  case  the  court  shall  thereupon 
dismiss  the  accusation  or  information  against  such  defendant 
who  shall  thereafter  be  released  from  all  penalties  and  dis- 
abilities resulting  from  the  offense  or  crime  of  which  he  has 
been  convicted. 

(f)  Probation  officers  to  serve.  The  same  probation  offi- 
cers and  assistant  probation  officers  and  deputy  probation  offi- 


§  1203  PENAL    CODE.  152 

cers  shall  serve  under  this  act  as  are  appointed  under  the  act 
known  as  the  juvenile  court  law,  and  entitled  "An  act  to  be 
known  as  the  juvenile  court  law,  and  concerning  persons  un- 
der the  age  of  twenty-one  years  j  and  in  certain  cases  provid- 
ing for  their  care,  custody,  and  maintenance ;  providing  for 
the  probationary  treatment  of  such  persons,  and  for  the  com- 
mitment of  such  persons  to  the  Whittier  State  School  and  the 
Preston  School  of  Industry,  the  California  School  for  Girls, 
and  other  institutions ;  establishing  probation  officers  and  a 
probation  committee  to  deal  with  such  persons  and  fixing  the 
salary  thereof;  providing  for  the  establishment  of  detention 
homes  for  such  persons ;  fixing  the  method  of  procedure  and 
treatment  or  commitment  where  crimes  have  been  committed 
by  such  persons ;  providing  for  the  punishment  of  those  guilty 
of  offenses  with  reference  to  such  persons,  and  defining  such 
crimes ;  and  repealing  the  juvenile  court  law  approved  March 
8,  1909,  as  amended  by  an  act  approved  April  5,  1911,  and  as 
amended  by  an  act  approved  June  16,  1913,  and  all  amend- 
ments thereof,  and  all  acts  or  parts  of  acts  inconsistent  here- 
with," approved  June  5,  1915,  or  under  any  laws  amending 
or  superseding  the  same,  except  in  the  ease  of  offenses  com- 
mitted in  counties  and  cities  and  counties  of  the  second  class 
and  counties  of  the  third  class ;  provided,  however,  that  in  all 
cases  of  offenses  defined  by  section  twenty-one  of  said  act 
known  as  the  juvenile  court  law  and  by  section  two  hundred 
seventy  of  the  Penal  Code  of  California,,  the  same  probation 
officers,  assistants  and  deputies  shall  serve  under  this  act  as 
are  appointed  under  the  said  juvenile  court  law. 

(g)  Adult  probation  board  appointed.  Term.  Vacancy. 
Removal.  Duty  of  board.  No  compensation.  Adult  proba- 
tion officers.  Payment  of  salaries.  Expenses.  Nomination 
of  adult  probation  officers.     Additional   deputies.     Offices. 

In  counties  and  cities  and  counties  of  the  second  class,  the 
judges  designated  for  the  hearing  and  disposition  of  crimi- 
nal cases  and  proceedings  by  a  majority  vote  and  in  counties 
of  the  third  class  the  judge  of  the  department  or  the  judges 
of  the  departments,  by  majority  vote,  to  which  criminal  ac- 
tions and  proceedings  arc  assigned  shall  by  order  entered  in 
the  miiuites  of  the  court  appoint  seven  citizens  of  good  moral 
character  to  be  known  as  the  adult  probation  board  and  shall 
fill  all  vacancies  occurring  in  such  board.  The  clerk  of  said 
court  shall  immediately  notify  each  person  appointed  on  said 
board  and  thereupon  said  person  shall  appear  before  a  judge 
of  the  su[)erior  conrt  and  qualify  by  taking  an  oath,  which 
shall  be  cnld'c*!  in  said  court  record,  to  perform  faithfully  the 


153  PENAL    CODE.  §  1203 

duties  of  such  adult  probation  board.  The  members  of  such 
adult  probation  board  shall  hold  office  for  four  years  and  un- 
til their  successors  are  appointed  and  qualify ;  provided,  that 
of  those  first  appointed  one  shall  hold  office  for  one  year,  two 
for  two  years,  two  for  three  years  and  two  for  four  years, 
the  terms  for  which  the  respective  members  shall  hold  office 
to  be  determined  by  lot  as  soon  after  their  appointment  as 
may  be.  When  any  vacancy  occurs  in  any  pro])ation  board 
by  expiration  of  the  term  of  office  of  any  member  thereof,  the 
successor  shall  be  appointed  to  hold  office  for  the  term  of  four 
years.  When  any  vacancy  occurs  for  any  other  reason  the 
appointee  shall  hold  office  for  the  unexpired  term  of  his  prede- 
cessor. Any  member  of  the  probation  board  may  be  removed 
for  cause  at  any  time  by  an  affirmative  vote  of  four  members 
of  said  board  at  a  meeting  called  for  the  special  purpose  of 
considering  the  question  of  said  removal  and  the  subsequent 
written  approval  of  a  majority  of  the  judges  designated  for 
the  hearing  and  disposition  of  criminal  cases  and  proceedings 
in  counties  and  cities  and  counties  of  the  second  class,  and  the 
judge  of  the  department  or  a  majority  of  the  judges  of  the 
departments  to  which  criminal  actions  and  proceedings  are 
assigned  in  counties  of  the  third  class,  said  written  approval 
to  be  filed  with  the  clerk  of  the  court  within  thirty  days  after 
the  written  report  of  the  said  board  has  been  received  by  said 
judge.  Written  notice  as  to  said  special  meeting  shall  be 
served  on  each  of  the  members  of  saicl  board  at  least  ten  days 
prior  to  the  date  set  therefor  and  shall  specify  the  purpose 
thereof. 

It  shall  be  the  duty  of  such  adult  probation  board  to  exer- 
cise a  friendly  supervision  of  probationers  when  so  directed 
by  the  court,  to  furnish  the  court  information  and  assistance 
whenever  reciuired  upon  the  request  of  the  court  and  from 
time  to  time  to  advise  and  recommend  to  the  court  any 
changes  or  modification  of  the  order  made  in  the  case  of  a 
probationer  as  may  be  for  the  best  interests  of  such  person. 

Members  of  the  adult  probation  board  shall  serve  without 
compensation. 

In  counties  or  cities  and  counties  of  the  second  class  there 
shall  be  and  there  are  hereby  created  the  offices  of  one  adult 
probation  officer,  one  assistant  adult  probation  officer  and  four 
deputy  adult  probation  officers.  The  salaries  of  said  officers 
shall  be  as  follows:  Adult  probation  officer,  two  hundred 
twenty-five  dollars  per  month ;  one  assistant  adult  probation 
officer,  one  hundred  seventy-five  dollars  per  month;  one 
assistant  adult  probation  officer,  one  hundred  twenty-five  dol- 


§  1203  PENAL    CODE.  154 

lars  per  moiith;  three  deputy  adult  probation  officers,  each, 
one  hundred  dollars  per  month.  In  counties  of  the  third 
class  there  shall  be  and  there  are  hereby  created  the  otfices 
of  one  adult  probation  officer,  one  assistant  adult  probation 
officer  and  one  deputy  adult  probation  officer.  The  salaries 
of  said  officers  shall  be  as  follows:  Adult  probation  officer, 
one  hundred  seventy-five  dollars  per  month ;  assistant  adult 
probation  officer,  one  hundred  sixty  dollars  per  month ; 
deputy  adult  probation  officer  one  hundred  dollars  per  month. 
The  deputy  adult  probation  officer  in  counties  of  the  third 
class,  shall  be  a  woman  and  shall  be  a  competent  stenographer 
and  typist  of  sufficient  ability  to  perform  the  clerical  and 
stenographic  Avork  of  the  office  in  addition  to  her  other  duties ; 
provided,  however,  that  in  the  event  an  adult  probation  de- 
partment is  created  in  counties  of  the  third  class,  from  and 
after  the  creation  of  such  department  and  the  appointment 
of  an  adult  probation  officer  or  any  deputy  or  assistant  or 
like  officer  who  shall  relieve  the  probation  officer  of  the  adult 
probation  work,  the  offices  of  assistant  probation  officer  at  a 
salary  of  one  hundred  seventy-five  dollars  a  month  and  of 
assistant  probation  officer  at  a  salary  of  one  hundred  sixty 
dollars  a  month  shall  cease  and  terminate  and  be  abolished 
in  counties  of  this  class. 

The  salaries  of  the  adult  probation  officers,  assistant  adult 
probation  officers  and  deputy  adult  probation  officers  in 
counties  or  cities  and  counties  of  the  second  class  and  in 
counties  of  the  third  class  shall  be  paid  out  of  the  county 
treasury  of  the  county  for  which  they  are  appointed  respec- 
tively in  the  same  manner  as  the  salaries  of  the  other  county 
officers.  The  adult  probation  officers,  assistant  adult  proba- 
tion officers  and  deputy  adult  probation  officers  in  said  coun- 
ties or  cities  and  counties  of  the  second  class  and  in  counties 
of  the  thii-d  class  shall  be  allowed  such  neccst-ary  incidental 
expenses  incuri'cd  in  the  performance  of  their  duties  as 
ri'<niircd  by  any  laws  of  the  state  of  California  as  may  be 
authorized  by  a  judge  designated  for  the  hearing  and  dis- 
position of  criminal  cases  and  proceedings  or  by  the  judge 
of  a  department  to  which  criminal  actions  and  proceedings 
are  assigned,  and  the  same  sliall  be  charged  upon  the  comity 
in  wliich  the  conri  appointing  them  has  jurisdiction  and  said 
expenses  shall  be  i)ai(l  out  of  the  county  treasury  upon  a 
wi'itten  order  nl'  said  .judge  of  said  county  directing  the 
county  auditor  to  di'au  his  wari'ant  upon  the  county  treas- 
urer for  the  speeilie   anioMiit    of  sucli   expenses.     The  adult 


155  PENAL    CODE.  §  1203 

probation  officer  shall  keep  a  li.st  of  expenses  and  file  a  copy 
monthly  with  the  connty  board  of  supervisors. 

In  counties  or  cities  and  counties  of  the  second  class  the 
adult  probation  officer,  and  the  assistant  adult  probation  offi- 
cer and  deputy  adult  probation  officers  hereinbefore  provided 
for  shall  be  nominatecl  by  the  adult  probation  board  in  man- 
ner as  the  judges  designated  for  the  hearing  and  disposition 
of  criminal  cases  and  proceedings  shall  direct  and  the  ap- 
pointment of  such  adult  probation  officer,  assistant  adult 
probation  officer  and  deputy  adult  probation  officers  shall  be 
made  by  a  majority  vote  of  said  judges.  The  term  of  office 
of  the  adult  probation  officer,  assistant  adult  probation  officer 
and  deputy  adult  probation  officers  shall  be  two  years  from 
the  date  of  their  said  appointments. 

In  counties  of  the  third  class  the  adult  probation  officer, 
the  assistant  adult  probation  officer  and  the  deputy  adult 
probation  officer  hereinbefore  provided  for  shall  be  nomi- 
nated by  the  adult  probation  board  and  in  manner  as  the 
judge  of  the  department  or  a  majority  of  the  judges  of  the 
departments  to  which  criminal  actions  and  proceedings  are 
assigned  shall  direct  and  the  appointment  of  such  adult  pro- 
bation officer,  assistant  adult  probation  officer,  deputy  adult 
probation  officer  shall  be  made  by  said  judge  or  a  majority 
of  said  judges.  The  term  of  office  of  the  adult  probation 
officer,  the  assistant  adult  probation  officer  and  the  deputy 
probation  officer  shall  be  two  years  from  the  date  of  their 
appointments.  The  adult  probation  officer,  the  assistant 
adult  probation  officer  and  any  deputy  adult  probation  officer 
may  at  any  time  be  removed  in  counties  or  cities  and  coun- 
ties of  the  second  class  by  vote  of  a  majority  of  the  judges 
designated  for  the  hearing  and  disposition  of  criminal  cases 
and  proceedings  and  in  counties  of  the  third  class  by  the 
judge  of  the  department  or  by  a  majority  of  the  judges  of  the 
departments  to  which  criminal  actions  and  proceedings  are 
assigned  for  good  cause  shown  and  on  the  filing  of  written 
charges  b.y  the  said  judge  or  judges  with  the  adult  probation 
board.  In  counties  or  cities  and  counties  of  the  second  class 
the  judges  designated  for  the  hearing  and  disposition  of  crim- 
inal cases  and  proceedings,  and  in  counties  of  the  third  class 
the  judge  of  the  department  or  the  judges  of  the  departments 
•to  which  criminal  actions  and  proceedings  are  a^-signed  shall 
have  authority  by  an  order  entered  in  the  minutes  of  said 
court  to  determine  and  fix  the  amount  of  bonds  of  the  adult 
probation  officer  of  connty  or  city  and  county  and  of  the  as- 
sistant   adult    probation  officer    of  the    countj^  or  city  and 


§  1203  PENAL    CODE.  156 

county  and  of  the  deputy  adult  probation  officers  of  the 
county  or  city  and  county.  If  said  bonds  or  any  of  them 
are  furnished  by  any  surety  company  licensed  to  transact 
business  in  the  state  of  California,  the  premium  thereon  shall 
be  paid  out  of  the  county  treasury. 

The  adult  probation  officer  may  appoint  as  many  additional 
deputies  as  he  may  desire;  provided,  however,  that  such 
deputies  shall  not  have  authority  to  act  until  their  appoint- 
ments shall  have  been  approved  by  a  majority  vote  of  the 
members  of  the  adult  probation  board  and  by  a  majority  vote 
of  the  judges  designated  for  the  hearing  and  disposition  of 
criminal  cases  and  proceedings  in  counties  and  cities  and 
counties  of  the  second  class,  and  by  a  majority  vote  of  the 
members  of  the  adult  probation  board  and  by  a  judge  of  the 
department  or  a  majority  vote  of  the  judges  of  the  depart- 
ments to  which  criminal  proceedings  are  assigned  in  counties 
of  the  third  class.  The  term  of  office  of  such  deputies  shall 
expire  with  the  term  of  the  adult  probation  officer  making 
such  appointment  but  the  adult  probation  officer  without 
written  approval  of  the  majority  of  members  of  the  adult 
probation  board  may  at  any  time  in  his  discretion,  revoke 
and  terminate  such  appointment.  Such  deputies  except  as 
herein  provided  shall  serve  without  compensation.  It  shall 
be  the  duty  of  the  legislative  body  of  every  county  or  city 
and  county  of  the  second  class  and  of  every  county  of  the 
third  class,  immediately  upon  this  act  becoming  effective,  to 
provide  and  thereafter  maintain,  at  the  expense  of  such 
county  or  city  and  county,  in  a  location  in  the  vicinity  of 
the  jail  of  such  county  or  city  and  county,  approved  by  the 
judges  designated  for  the  hearing  and  disposition  of  criminal 
cases  and  proceedings,  in  counties  or  cities  and  counties  of 
the  second  class  and  by  the  judge  of  the  department  or  the 
judges  of  the  departments  to  which  criminal  actions  and 
proceedings  are  assigned  in  counties  of  the  third  class,  suit- 
able offices  and  quarters  for  the  conducting  of  the  business 
of  the  adult  probation  officer,  the  assistant  adult  probation 
officer  and  the  deputy  adult  probation  officers  of  such  county 
or  city  and  county. 

Nothing  contained  in  this  subdivision  shall  apply  to  the 
offenses  defined  by  section  twenty-one  of  said  juvenile  court 
law  and  by  soctioii  two  hundred  seventy  of  the  Penal  Code.     ■ 

(h)  Transfer  of  case.  Whenever  any  person  is  released 
upon  probation  under  tlic  provisions  of  this  act,  the  case  may 
be  transferred  to  any  court  of  the  same  rank  in  any  other 
county,  or  city  and  county,  of  this  state  in  which  such  person 


157  PENAL  'CODE,  §  1203 

resides,  or  to  which  such  person  may  remove,  and  such  court 
shall  thereupon  commit  such  person  to  the  care  and  custody 
of  the  probation  officer  of  the  county,  or  city  and  county,  to 
which  such  person  has  been  transferred;  such  court  shall 
thereafter  have  entire  jurisdiction  over  such  case,  with  like 
power  to  make  transfer  whenever  to  such  court  such  transfer 
may  seem  proper. 

(i)  Report  on  person's  antecedents.  At  the  time  of  the 
plea  or  verdict  of  guilty  of  any  crime  of  any  person  over 
eighteen  years  of  age,  the  probation  officer  of  the  county  of 
the  jurisdiction  of  said  crime  shall,  when  so  directed  by  the 
court,  inquire  into  the  antecedents,  character,  history,  family 
environment,  and  offense  of  such  person,  and  must  report 
the  same  to  the  court,  and  file  his  report  in  writing  in  the 
records  of  said  court.  His  report  shall  contain  his  recom- 
mendation for  or  against  the  release  of  such  person  on  pro- 
bation. If  any  such  person  shall  be  released  on  probation 
and  committed  to  the  care  of  the  probation  officer,  such  officer 
shall  keep  a  complete  and  accurate  record  in  suitable  books 
or  other  form  in  writing,  of  the  history  of  the  case  in  court, 
and  of  the  name  of  the  probation  officer,  and  his  acts  in  con- 
nection with  sa,id  case ;  also  the  age,  sex,  nativity,  residence, 
education,  habits  of  temperance,  whether  married  or  single, 
and  the  conduct,  employment,  and  occupation,  and  parents' 
occupation,  and  condition  of  such  person  so  committed  to  his 
care  during  the  term  of  such  probation  and  the  result  of 
such  probation.  Such  record  of  such  probation  officer  shall 
be  and  constitute  a  part  of  the  records  of  the  court,  and  shall 
at  all  times  be  open  to  the  inspection  of  the  court,  or  of  any 
person  appointed  by  the  court  for  that  purpose,  as  well  as  of 
all  magistrates,  and  the  chief  of  police,  or  other  head  of  the 
police,  unless  otherwise  ordered  by  the  court.  Said  books 
of  record  shall  be  furnished  for  the  use  of  said  probation 
officer  of  said  county,  and  shall  be  paid  for  out  of  the  county 
treasury. 

(j)  Report.  Every  probation  officer,  within  fifteen  days 
after  the  thirtieth  day  of  June,  and  within  fifteen  days  after 
the  thirty-first  day  of  December,  of  each  year,  shall  make  in 
writing  and  file  as  a  public  document  with  the  county  clerk  a 
report  to  the  superior  court  of  the  county  or  city  and  county 
in  which  such  probation  officer  is  appointed  to  serve,  and 
shall  furnish  a  copy  of  such  report  to  each  judge  in  said 
county  or  city  and  count}'  who  has  released  any  person  on 
probation  who  at  the  time  of  such  report  remains  on  proba- 
tion ;  and  a  further  copy  to  the  secretary  of  the  state  board  of 


§§  1239-1616  PENAL   CODE.  158 

charities  and  corrections.  Such  report  shall  state,  without 
giving  names,  the  exact  number  of  persons,  segregating  male 
and  female,  and  segregating  misdemeanors  and  felonies,  who 
have  been  released  on  probation  to  such  probation  officer  as 
such  number  exists,  deducting  all  ca.ses  of  expiration,  dis- 
charge, dismissal,  and  restoration  of  rights,  on  said  thirtieth 
day  of  June  and  said  thirty-first  day  of  December ;  and  such 
report  shall  further  segregate  such  person  as  having  been  re- 
leased on  probation,  as  the  case  may  be,  in  one  thousand  nine 
hundred  three,  one  thousand  nine  hundred  four,  one  thousand 
nine  hundred  five  and  so  on,  up  to  and  including  the  calendar 
year  in  which  such  report  is  made  and  filed. 

(k)  Statement  of  terms  of  probation.  The  probation  offi- 
cer shall  furnish  to  each  person  who  has  been  released  on  pro- 
bation, and  committed  to  his  care  a  written  statement  of  the 
terms  and  conditions  of  his  probation  unless  such  statement 
has  been  furnished  by  the  court,  and  shall  report  to  the  court, 
judge,  or  justice,  releasing  such  person  upon  probation,  any 
violation  or  breach  of  the  terms  and  conditions  imposed  by 
such  court  on  the  person  placed  in  his  care. 

(1)  Powers  of  probation  officer.  Such  probation  officer 
shall  have,  as  to  the  person  so  committed  to  the  care  of  said 
probation  officer,  the  powers  of  a  peace  officer.  [Amendment 
approved  May  31,  1917;  Stats.  1917,  p.  1409.] 

§  1239.  Appeals  in  criminal  actions.  An  appeal  from  a 
judgment  may  be  taken  by  the  defendant  by  announcing  per- 
sonally or  through  his  attorney  in  open  court  at  the  time  the 
judgment  is  rendered  that  he  appeals  from  the  same  or  by 
filing  a  written  notice  of  appeal  within  two  days  after  the 
rendition  of  judgment  with  the  clerk  of  the  court  wherein 
judgment  was  rendered;  and  from  any  order  made  after  judg- 
ment, by  announcing  in  open  court  at  the  time  the  same  is 
made  that  he  appeals  from  the  same.  [x\mendnient  approved 
April  f),  1917;  Stats.  1917,  p.  37.  | 

§  1324.  Witness  not  to  prosecute  on  testimony  of  himself. 
Person  not  exempted  if  testimony  is  voluntary.  [KopeaU'd 
May  8,  1917;  Stats.  1917,  p.  291.J 

§  1616.  Care  of  female  prisoners  in  county  jails.  When- 
ever ;iiiy  rcnijilc  prisoner  or  prisoners  are  confined  in  any 
(•oiin1.\  j;iil  in  the  state,  and  no  regnhii'  jail  matron  has  been 
appointed,  liicre  shall  be  designaled  l)y  the  sheriff  some  suit- 
able woman   who  shall  have  innnediate  care  of  such  female 


159  PENAL    CODE.  §  161G 

prisoner  or  prisoners,  and  who  shall  be  paid  out  of  the  gen- 
eral fund  of  the  county  upon  claims  to  be  presented  and 
allowed  by  the  board  of  supervisors  as  other  claims  against 
the  eount.y.  Such  female  prisoners  shall  be  so  kept  that  they 
cainiot  see  or  be  seen  by,  or  converse  with,  any  male  pi'is- 
oncrs  contined  in  said  jail,  and  it  shall  be  unlawful  for  any 
male  officer  or  jailer  to  search  tlic  person  of  any  female  pris- 
oner, or  to  enter  into  the  room  or  cell  occupied  by  any  female 
prisoner,  except  in  the  company  of  such  matron  or  woman 
having  the  care  of  such  female  prisoner.  [Amendment  ap- 
proved May  5,  1917;  Stats.  1917,  p.  240.] 


THE 

POLITICAL  CODE 

OF  THE 

STATE  OF  CALIFORNIA. 

AMENDMENTS  OF  1917. 

§  10.  Holidays.  Saturday  holiday.  Public  school  holidays.  "Ad- 
mission day."  Holidays  within  the  meaning  of  this  coilo,  are  every 
Sunday,  the  first  day  of  .January,  twelfth  day  of  February,  to  be  known 
as  Lincoln  day,  twenty-second  day  of  February,  thirtieth  day  of  May, 
fourth  day  of  July,  ninth  day  of  September,  first  Monday  in  Septem- 
ber, twelfth  day  of  October,  to  be  known  as  "Columbus  day,"  twenty- 
fifth  day  of  December,  every  day  on  which  an  election  is  held  through- 
out the  state,  and  every  day  appointed  by  the  President  of  the  United 
States  or  by  the  governor  of  this  state  for  a  public  fast,  thanksgiving 
or  holiday. 

If  the  first  day  of  January,  twelfth  day  of  February,  twenty-second 
day  of  February,  the  thirtieth  day  of  May,  the  fourth  day  of  July, 
the  ninth  day  of  September,  the  twelfth  day  of  October  or  the  twenty- 
fifth  day  of  December  falls  u^Jon  a  Su.nday,  the  Monday  following  is  a 
holiday. 

Every  Saturday  from  twelve  o'clock  noon  until  twelve  o'clock  mid- 
night is  a  holiday  as  regards  the  transaction  of  business  in  the  public 
offices  of  this  state,  and  also  in  political  divisions  thereof  where  laws, 
ordinances  or  charters  provide  that  public  offices  shall  be  closed  on 
holidays;  this  shall  not  be  construed  to  prevent  or  invalidate  the  issu- 
ance, filing,  service,  execution  or  recording  of  any  legal  process  or 
written  instrument  whatever  on  such  Saturday  afternoon;  and  pro- 
vided, further,  that  the  public  schools  of  this  state  shall  close  on  Satur- 
day, Sunday,  the  first  day  of  January,  the  thirtieth  day  of  May,  the 
fourth  day  of  July,  the  ninth  day  of  September,  the  twenty-fifth  day 
of  December  and  on  every  day  appointed  by  the  President  of  the  United 
States  or  the  governor  of  this  state  for  a  public  fast,  thanksgiving  or 
holiday.  Said  public  schools  shall  continue  in  session  on  all  other  legal 
holidays  and  shall  hold  proper  exercises  commemorating  the  day. 
Boards  of  school  trustees  and  city  boards  of  education  shall  have  power 
to  declare  a  holiday  in  the  public  schools  under  their  jurisdiction  when 
good  reason  exists  therefor. 

All  public  offices  of  the  state  and  all  state  institutions,  including  the 
state  university  and  all  public  schools  in  the  state  shall  be  closed  on 
11  (161) 


§§  410-439  POLITICAL   CODE.  162 

the  ninth  day  of  September  of  each  year,  known  as  "Admission  day." 
[Amendment  approved  March  20,  1917;  Stats.  1917,  p.  12.] 

§  410.  Disjtribution  of  laws,  etc.,  by  secretary  of  state.  Decisions  of 
courts.  The  laws,  resolutions  and  journals  of  the  legislature  shall  be 
delivered  by  the  state  printer  to  the  secretary  of  state,  who  shall  im- 
mediately distribute  them  as  follows: 

1.  To  the  library  of  congress,  three  copies. 

2.  To  the  state  library  or  other  library  or  department  in  each  state, 
authorized  to  receive  them,   two   copies. 

3.  To  the  librarians  of  the  University  of  California  and  the  Leland 
Stanford   Junior    University,   two    copies   each. 

4.  To  each  United  States  senator  and  each  member  of  congress 
from  California,  to  each  of  the  United  States  district  judges  in  this 
state,  to  each  of  the  judges  of  the  supreme  court,  the  district  courts  of 
appeal,  and  the  superior  courts  of  this  state,  one  copy. 

5.  To  the  chief  of  each  administrative  department  of  the  state  gov- 
ernment, and  to  each  of  his  deputies,  one  copy. 

6.  To  the  lieutenant-governor,  each  member  of  the  legislature,  the 
secretary  of  the  senate  and  the  clerk  of  the  assembly,  one  copy  each. 

7.  To  each  public  library,  and  each  library  connected  with  an  in- 
corporated college  or  other  educational,  scientific,  literary  or  art  insti- 
tution in  this  state,  which  may  apply  to  be  put  on  the  mailing  list 
for  all  or  a  portion  of  the  state  publications,  one  copy. 

8.  To  the  state  library,  fifty  copies,  or  so  many  more  as  the  state 
librarian  may  require  for  exchange  purposes. 

9.  Of  the  laws  alone,  to  the  county  clerk  of  each  county,  in  the 
cheapest  and  most  expeditious  manner,  to  be  by  the  sheriff  distributed 
under  the  direction  of  the  clerks,  one  copy  for  the  board  of  supervisors, 
one  copy  for  the  registrar  of  voters,  one  copy  to  each  county  otficer  and 
each  justice  of  the  peace  and  police  judge;  and  of  the  journals,  three 
copies  of  each  house,  to  each  county  clerk,  for  the  use  of  the  county. 

The  secretary  of  state  must  also  distribute  of  the  bound  volumes  of 
the  decisions  of  the  supreme  court,  and  of  the  district  courts  of  appeal, 
as  soon  as  he  receives  them: 

1.  To  each  state,  two  copies. 

2.  To  the  library  of  congress,  the  supreme  court  library  and  the  dis- 
trict courts  of  appeal  libraries,  two  copies  each. 

3.  To  each  department  of  this  state,  and  to  each  of  the  United  States 
district  judges  of  this  state,  supreme,  district  courts  of  appeal  and 
superior  judges  of  this  state,  one  copy. 

4.  To  each   district  attorney  and   county  clerk,  one   copy. 

5.  To  the  reporter  of  the  decisions,  ten  copies. 

G.  To  the  state  library,  ten  copies.  [Amendment  approved  May  5, 
1917;  Stats.  1917,  p.  278.] 

§  439.  Employees  of  controller.  The  controller  may  appoint  one 
deputy  controller,  one  bookkeeper,  one  expert,  one  statistician,  one  war- 
rant registrar,  two  franchise  clerks,  and  seven  clerks,  who  shall 
be  civil  executive  officers;  and  one  stenographer-clerk,  and  one 
stenographer.     [Amendment  approved  May  31,  1917;  Stats.  1917,  p.  1390.] 


163  POLITICAL  CODE.  §§  440-445 

§  440.  Salaries.  The  annual  salary  of  the  deputy  controller  is  three 
thousand  dollars;  of  the  bookkeeper,  two  thousand  four  hundred  dol- 
lars; of  the  expert,  two  thousand  dollars;  of  the  statistician,  two  thou- 
sand four  hundred  dollars;  of  the  warrant  registrar,  two  thousand  four 
hundred  dollars;  Qf  two  franchise  clerks,  one  thousand  eight  hundred 
dollars  each;  of  two  clerks,  one  thousand  eight  hundred  dollars  each; 
of  five  clerks,  one  thousand  six  hundred  dollars  each;  of  the  stenog- 
rapher-clerk, one  thousand  five  hundred  dollars,  and  of  the  stenographer, 
one  thousand  two  hundred  dollars.  All  such  salaries  shall  be  paid  in 
the  same  manner  and  at  the  same  time  as  the  salaries  of  other  state 
officers.     [Amendment   approved  May  31,  1917;  Stats.   1917,  p.  1390.] 

§  445.  Inheritance  tax  department  established.  Inheritance  tax  at- 
torney and  assistants.  Duties.  Salaries.  Salaries,  employees  of  in- 
heritance tax  department.  Expenses.  The  controller  shall  maintain 
under  his  authority  and  direction  a  department,  to  be  known  as  the  in- 
heritance tax  department,  which  is  hereby  established,  for  tho  purpose 
of  supervising  and  assisting  in  the  administration  of  the  inheritance  or 
transfer  tax  laws  of  this  state.  Said  department  shall  gather,  record, 
compile,  publish  and  distribute  such  information  and  data  as  the  con- 
troller may  direct  relative  to  the  inheritance  or  transfer  tax  laws  of  this 
or  other  states  or  relative  to  the  administration,  enforcement  or  evasion 
of  such  laws.  Said  department  shall  co-operate  with,  advise  and  assist 
inheritance  tax  appraisers,  county  treasurers,  district  attorneys  and 
other  officers  and  persons  in  the  administration  and  enforcement  of  the 
inheritance  or  transfer  tax  laws  of  this  state,  and  shall  prepare,  publish 
•and  distribute  such  blank  forms  for  use  of  inheritance  tax  appraisers 
or  other  use  as  the  controller  may  direct.  In  conection  with  said  in- 
heritance tax  department,  the  controller  may  appoint,  in  addition  to 
other  employees  provided  for  by  statute,  an  inheritance  tax  attorney, 
whose  office  shall  be  in  the  city  of  Sacramento,  five  assistant  inheritance 
tax  attorneys,  two  of  whom  shall  have  their  offices  in  the  city  of  Los 
Angeles,  two  of  whom  shall  have  their  offices  in  the  city  and  county  of 
San  Francisco,  and  one  of  whom  shall  have  his  office  in  the  city  of  Sac- 
ramento. Said  attorneys  shall  be  civil  executive  officers  and  shall  be 
admitted  and  licensed  to  practice  before  the  supreme  court  of  this  state. 
The  inheritance  tax  attorney  shall,  under  the  authority  and  direction  of 
the  controller,  have  general  supervision  of  said  department.  He  shall 
have  particular  charge  of  the  legal  work  connected  with  said  depart- 
ment and  shall  perform  such  other  duties  as  the  controller  may  direct. 
Said  assistant  inheritance  tax  attorneys  shall  perform  such  legal  and 
other  services  relative  to  the  administration  and  enforcement  of  said 
inheritance  or  transfer  tax  laws  in  the  respective  counties  in  which  their 
offices  may  be  situated  or  in  any  neighboring  county,  as  the  controller 
may  direct.  The  salary  of  said  inheritance  tax  attorney  shall  be  three 
thousand  six  hundred  dollars  per  annum.  The  salary  of  one  assistant 
inheritance  tax  attorney  whose  office  shall  be  in  the  city  of  Los  Angeles 
shall  be  three  thousand  six  hundred  dollars  per  annum.  The  salary  of 
the  second  assistant  inheritance  tax  attorney  whose  office  shall  be  in  the 
city  of  Los  Angeles  shall  be  two  thousand  four  hundred  dollars  per  an- 
num.    The  salary  of  one  assistant  inheritance  tax  attorney  whose  office 


§§  456-472  POLITICAL  code.  164 

shall  be  in  the  city  and  county  of  San  Francisco  shall  be  three  thousand 
six  hundred  dollars  per  annum.  The  salary  of  the  second  assistant  in- 
heritance tax  attorney,  whose  ofJSce  shall  be  in  the  city  and  county  of 
San  Francisco  shall  be  two  thousand  four  hundred  dollars  per  annum. 
The  salary  of  said  assistant  inheritance  tax  attorney  whose  office  shall 
be  in  the  city  of  Sacramento  shall  be  two  thousand  seven  hundred  dol- 
lars per  annum.  The  salaries  of  said  inheritance  tax  attorney  and  of 
said  assistant  inheritance  tax  attorneys  shall  be  paid  at  the  same  times 
and  in  the  same  manner  as  the  salaries  of  other  state  officers.  Said  attor- 
neys shall  also  receive  their  necessary  traveling  and  incidental  expenses. 
Sajd  expenses  and  any  other  and  further  and  additional  expenses  for 
attorneys,  clerks,  experts,  agencies  or  persons  or  for  any  other  purpose 
which  said  controller  may  find  necessary  or  proper  in  the  conduct  of  said 
inheritance  tax  department  shall  be  paid  out  of  such  moneys  as  may  be 
appropriated  from  time  to  time  to  the  controller  for  use  of  said  inherit- 
ance tax  department.  [Amendment  approved  May  31,  1917;  Stats.  1917, 
p.  1389.] 

§  456.  Employees  in  office  of  state  treasurer.  The  state  treasurer 
may  appoint  one  deputy  state  treasurer,  one  cashier,  one  bond  officer, 
one  deposit  officer,  one  bo.okeeper  and  one  secretary-stenographer,  all  of 
whom  shall  be  civil  executive  officers.  The  annual  salary  of  the  deputy 
state  treasurer  is  three  thousand  two  hundred  dollars;  of  the  cashier, 
two  thousand  seven  hundred  dollars;  of  the  bond  officer,  two  thousand 
five  hundred  dollars;  of  the  deposit  officer,  two  thousand  five  hundred 
dollars;  of  the  bookceper,  two  thousand  two  hundred  dollars;  and  of 
the  secretary-stenographer,  one  thousand  five  hundred  dollars.  All  such 
salaries  shall  be  paid  in  the  same  manner  and  at  the  same  time  as  the 
salaries  of  other  state  officers.  [Amendment  approved  May  15,  1917; 
Stats.  1917,  p.  540.] 

§  472.  Appointees  of  attorney  general.  To  have  charge  of  state's  legal 
matters.  The  attorney  general  niaj'  appoint  one  assistant,  one  chief 
deputy  and  seven  additional  deputies,  who  shall  be  civil  executive  offi- 
cers. The  annual  salary  of  the  assistant  shall  be  four  thousand  dollars; 
the  annual  salary  of  the  chief  deputy  shall  be  four  thousand  dollars; 
the  annual  salary  of  two  of  such  additional  deputies  shall  be  three  thou- 
sand three  hundred  dollars  each,  and  the  annual  salary  of  five  of  such 
additional  deputies  shall  be  three  thousand  dollars  each.  Said  salaries 
shall  be  paid  at  the  time  and  in  the  same  manner  as.  the  salaries  of  other 
state  officers.  The  attorney  general  shall  not  employ  special  counsel  in 
any  case  except  those  provided  in  section  four  hundred  seventy-four 
of  the  Political  Code.  The  attorney  general  shall  have  charge,  as  attor- 
ney, of  all  legal  matters  in  which  the  state  is  in  any  wise  interested, 
except  the  business  of  the  regents  of  the  University  of  California  and 
of  the  state  harbor  commis.sioners,  and  such  other  boards  or  officers  as 
are  now  by  law  authorized  to  employ  attorneys,  and  no  board,  officer 
or  officers,  or  cmiiloyee  of  the  state,  except  said  regents  and  said  harbor 
cKiiiiiiissioners  and  siicli  other  boards  and  officers  as  are  now  by  law 
authorix-ed  to  employ  attorneys,  shall  employ  any  attorney  other  than 
tlic  attorney  general,  or  one  of  his  assistants  or  deputies,  in  any  matter 


1G5  POLITICAL  CODE.  §§  475-591 

in  which  the  state  is  interested;  nor  ehall  any  money  be  drawn  out  of 
the  treasury,  or  out  of  any  moneys  appropriated  out  of  the  treasury,  or 
out  of  any  special  or  contingent  fund  under  the  control  of  any  board, 
officer  or  officers,  or  employee  for  the  pay  of  any  legal  services  rendered 
after  the  passage  of  this  act,  the  provisions  of  any  existing  statute  to 
the  contrary  notwithstanding,  excepting  as  above  provided;  provided, 
that  whenever  a  district  attorney  in  any  county  of  this  state  shall,  for 
any  reason,  become  disqualified  from  conducting  any  criminal  prosecu- 
tion within  such  county,  the  attorney  general  n\a.j  employ  special  coun- 
sel to  conduct  such  prosecution,  and  the  attorney's  fee  in  such  case  shall 
be  a  legal  charge  against  the  state;  provided,  further,  that  nothing 
herein  contained  shall  be  construed  to  prevent  or  deny  the  right  of  any 
board,  officer,  or  officers  or  employee  of  the  state  to  employ  or  engage 
counsel  in  any  matter  of  the  state,  after  first  having  obtained  the  writ- 
ten consent  so  to  do  of  the  attorney  general.  [Amendment  approved 
May  14,  1917;  Stats.  1917,  p.  529.] 

§  475.  Clerks,  etc.,  of  attorney  general.  The  attorney  general  may 
appoint  two  clerks,  one  phonographic  reporter,  one  service  agent,  and 
six  stenographers  for  his  office.  The  annual  salary  of  each  of  said  clerks 
and  of  the  phonographic  reporter  and  of  the  service  agent  shall  be  one 
thousand  eight  hundred  dollars;  the  annual  salary  of  five  of  said  stenog- 
raphers shall  be  one  thousand  five  hundred  dollars;  the  annual  salary  of 
one  of  said  stenogTaphers  shall  be  one  thousand  two  hundred  dollars. 
Said  salaries  shall  be  paid  at  the  same  time  and  in  the  same  manner  as 
the  salaries  of  state  officers  are  paid.  The  clerks,  the  phonographic  re- 
porter, the  service  agent,  and  the  stenographers  shall  be  civil  executive 
officers.  The  service  agent  and  two  of  said  stenographers,  to  be  desig- 
nated by  the  attorney  general,  shall  be  exempted  from  the  provisions 
of  the  civil  service  act  and  shall  hold  their  positions  during  the  pleasure 
of  the  attorney  general.  [Amendment  approved  May  14,  1917;  Stats. 
1917,  p.  515.] 

§  589.  Salary  of  insurance  commissioner.  The  annual  salary  of  the 
insurance  commissioner  is  six  thousand  dollars  and  the  annual  salary  of 
the  deputy  of  the  insurance  commissioner  is  two  thousand  seven  hundred 
dollars.     [Amendment  approved  June  1,  1917;  Stats.  1917,  p.  1667.] 

§  591.  Office  of  insurance  commissioner.  The  commissioner  may  pro- 
cure suitable  offices  in  the  city  of  San  Francisco  for  conducting  the  busi- 
ness of  the  insurance  department.  The  commissioner  shall,  from  time  to 
time,  furnish  the  necessary  furniture,  stationery,  fuel,  lights,  printing 
and  other  conveniences  and  incur  traveling  and  such  other  expenses  and 
employ  such  assistance  as  may  be  necessary  for  the  transaction  of  the 
business  of  his  office.  To  defray  the  expenses  of  conducting  the  business 
of  the  insurance  department  there  shall  be  set  asid.e  and  reserved  each 
and  every  year  out  of  the  funds  paid  into  the  state  .treasury  by  the  in- 
surance commissioner  sixty  thousand  dollars  as  a  special  fund  to  be 
called  the  insurance  commissioner's  special  fund.  All  expenditures 
authorized  in  this  section  must  be  audited  by  the  board  of  control  or 
other  proper  authorities  who  must  allow  the  same  and  direct  payment 
thereof  to  be  made  and  the  controller  shall  draw  wfirrants  therefor  on 


§  596  POLITICAL  CODE.  166 

the  state  treasury  for  the  payment  of  the  same  to  the  insurance  commis- 
sioner out  of  the  said  insurance  commissioner's  special  fund;  except  that 
there  shall  be  a  revolving  fund,  or  petty  cash  fund,  of  five  hundred  dol- 
lars which  may  be  used  by  the  commissioner  without  first  obtaining  the 
approval  of  any  other  department  or  official;  provided,  however,  that 
such  expenditures  must  ultimately  be  audited  by  the  board  of  control 
and  paid  for  as  prescribed  by  law.  [Amendment  approved  June  1,  1917; 
Stats.  1917,  p.  1667.] 

§  596.  Transaction  of  insurance  business  in  state.  Certificate  not  to 
be  renewed  if  company  is  in  arrears  for  taxes.  Surplus  line  broker.  No 
company  shall  transact  any  insurance  business  in  this  state  without  first 
complying  with  all  the  provisions  of  the  laws  of  this  state  and  there- 
after procuring  from  the  insurance  commissioner  a  certificate  of  author- 
ity and  continuing  to  comply  with  the  laws  of  this  state.  Every  such 
certificate  of  authority  shall  expire  on  the  first  day  of  July  after  its 
issuance  unless  sooner  revoked.  No  certificate  of  authority  shall  be 
granted  or  renewed  to  any  company  in  arrears  to  the  state,  or  to  any 
county,  city  and  county,  city  or  town  in  the  state,  for  fees,  licenses, 
taxes,  assessments,  fines,  or  penalties,  accrued  on  business  previously 
transacted  in  the  state,  nor  while  said  company  is  otherwise  in  default 
for  failure  to  comply  with  any  of  the  laws  of  this  state  regarding  the 
governmental  control  of  such  company  by  the  state. 

No  person,  firm  or  corporation  shall  in  this  state  act  as  agent,  in  any 
transaction  of  insurance  on  property  located  in  this  state,  for  any  insur- 
ance company  not  authorized  to  transact  such  insurance  in  this  state. 

No  person,  firm  or  corporation  within  this  state  shall  solicit,  negotiate 
or  effect  any  insurance  of  the  kinds  described  in  section  five  hundred 
ninety-four,  marine  insurance  and  insurance  on  the  property  of  steam 
railroads  or  of  other  common  carriers  engaged  in  interstate  trade  ex- 
cepted, on  any  property  located  in  this  state  with  companies  not  author- 
ized to  transact  such  business  in  this  state,  except  by  and  through  a 
surplus  line  broker  upon  the  terms  and  conditions  hereinafter  stated. 

When  and  only  when  the  total  amount  of  insurance,  of  kinds  herein- 
before prohibited  from  being  placed  with  unauthorized  companies,  de- 
sired on  any  property  located  within  the  state  can  not  be  procured  from 
a  majority  of  companies  authorized  to  transact  such  kinds  of  insurance 
within  the  state,  such  remaining  part  of  the  insurance  as  can  not  be 
procured  from  a  majority  of  such  authorized  companies  may  be  procured 
from  unauthorized  companies  by  a  surplus  line  broker,  and  by  no  other 
person. 

License  for  surplus  line  broker.  The  insurance  commissioner  may  issue 
a  license  authorizing  any  person,  firm  or  corporation  applying  there- 
for, who  is  trustworthy  and  is  competent  to  transact  an  insurance 
brokerage  business  in  such  manner  as  to  safeguard  the  interest  of  the 
assured,  to  act  as  a  surplus  line  broker  from  the  date  of  such  license 
until  the  first  day  of  July  succeeding,   on  the   following  conditions: 

(a)  Payment  in  advance  to  the  insurance  commissioner  of  a  fee  of 
twenty-five  dollars. 

(b)  Delivery  to  the  insurance  commissioner  of  a  bond  to  the  state 
of  California  in  the  sum  of  five  thousand  dollars  with  sureties  having 


167  POLITICAL    CODE.  §  596 

the  qualifications  mentioned  in  section  one  thousand  fifty-six  and  one 
thousand  fifty-seven  of  the  Code  of  Civil  Procedure,  conditioned  that 
said  licensee  will  fully  and  faithfully  comply  with  the  requirements  of 
section  five  hundred  ninety-six  of  the  Political  Code. 

Duties  of  surplus  line  broker.  The  following  are  the  duties  of  a  sur- 
plus line  broker  with  which  he  is  required  to  comply: 

1.  To  maintain  in  good  faith  an  office  in  this  state. 

2.  To  keep  in  said  office  a  complete  book  of  record  of  the  business 
transacted  by  him,  under  his  license  as  a  surplus  line  broker,  with  unau- 
thorized companies  showing:  The  dates  of  such  insurance  going  into 
effect;  the  names  of  the  insurers  and  of  the  insured;  the  gross  premium 
payable  therefor;  the  terms  and  character  of  insurance  and  location  of 
the  insured  property.  Such  book  of  record  shall  also  contain  state- 
ments in  the  same  detail  of  all  such  insurance  canceled,  or  on  which 
premiums  have  been  increased  or  reduced  and  the  amounts  of  additional 
or  of  return  premiums  thereon.  Such  books  are  to  be  open  at  all  times 
for  the  inspection  of,  and  examination  by;  the  insurance  commissioner 
or  any  one  apjjointed  by  him  for  said  purpose. 

Before  any  insurance  as  hereinbefore  provided  may  be  so  procured 
or  placed  by  a  surplus  line  broker  under  authority  of  his  license  with 
unauthorized  companies,  such  broker  shall  satisfy  himself  that  the  insur- 
ance to  be  placed  by  him  with  unauthorized  companies  is  only  such 
part  of  the  insurance  required  as  cannot  be  procured  from  a  majority 
of  such  authorized  companies. 

Whenever  required  so  to  do  by  the  insurance  commissioner,  such  sur- 
plus line  broker  shall  furnish  to  said  commissioner  a  list  comprising  a 
majority  of  the  authorized  companies  from  which  the  entire  amount  of 
insurance  desired  was  not  obtainable. 

The  surplus  line  broker  shall  within  one  week  or  as  soon  thereafter  as 
practicable,  after  receipt  by  him  of  the  complete  information  as  to  with 
what  companies  or  other  insurers  and  at  what  rate  the  insurance  has 
been  placed,  file  with  the  insurance  commissioner  a  true  report  showing 
the  names  of  the  insured  and  of  the  insurers,  the  character  of  the 
insurance,  location  of  the  property,  gross  premium  payable  therefor  and 
the  date  such  insurance  takes  effect  and  the  terms  thereof.  As  soon 
as  practicable  after  any  'such  insurance  has  been  canceled,  or  any 
premium  thereon  has  been  increased  or  reduced,  such  surplus  line  broker 
shall  file  with  the  insurance  commissioner  a  report  thereof  in  the  same 
detail  as  required  in  the  case  of  the  report  above  referred  to. 

On  or  before  the  first  day  of  March  of  each  year  the  surplus  line 
broker  shall  file  with  the  insurance  commissioner  a  sworn  statement  of 
all  business  transacted  under  his  license  during  the  last  preceding  cal- 
endar year  ending  December  thirty-first.  Such  statement  shall  contain 
true  accounts  of  the  gross  amount  of  insurance  procured  from  and  placed 
with  unauthorized  companies  during  the  calendar  year,  the  gross  premium 
charged  therefor,  including  additional  insurance  premiums,  the  gross 
amount  of  all  insurance  canceled  during  said  year,  and  the  gross  return 
premiums  thereon.  Such  statement  shall  also  include  any  additional 
premiums  charged,  and  the  gross  premium  returned  during  said  calendar 
year  on  insurance  previously  effected.     All  such  reports  and  statements 


§  596  POLITICxVL    CODE.  168 

shall  be  made  on  blanks  to  be  furnished  to  the  surplus  line  broker  by  the 
insurance  commissioner  on  application  therefor. 

Every  surplus  line  broker  shall  on  or  before  the  first  day  of  April  of 
each  year  pay  to  the  insurance  commissioner  for  the  use  of  the  state  of 
California  a  tax  of  three  per  cent  upon  the  amount  of  gross  premiums 
upon  all  insurance  placed  under  authority  of  such  license,  less  three  per 
cent  of  all  return  premiums  on  policies  canceled,  or  upon  which  premiums 
have  been  reduced  iluring  the  year  ending  December  thirtj'-first  last 
preceding. 

Any  surplus  line  broker  who  willfully  fails  or  refuses  to  report  to  the 
insurance  commissioner  any  insurance  on  property  located  within  this 
state  placed  under  his  name  with  unauthorized  companies,  or  who  shall 
by  willful  omission  from  the  records  required  to  be  maintained  by  him 
for  such  purpose,  attempt  to  evade  the  payment  of  taxes  on  any  such 
insurance,  shall  upon  conviction  thereof  in  addition  to  being  required  to 
pay  the  tax  thereon,  be  further  penalized  by  a  fine  of  not  exceeding  one 
hundred  dollars  for  each  offense  and  the  insurance  commissioner  shall 
further   forthwith   revoke   the   license   of   any   such   surplus   line   broker. 

The  insurance  commissioner  shall  also  revoke  the  license  of  any  sur- 
plus line  broker  who  willfully  fails  or  refuses  to  perform  any  of  the  other 
duties  hereinbefore  specified  as  required  of  said  broker. 

Revoking  license.  Examination  of  policies,  etc.,  by  insurance  commis- 
sioner. If  in  the  opinion  of  the  insurance  commissioner  the  solvency  of 
any  surety  on  a  bond  hereby  required  has  become  impaired  or  doubtful, 
he  shall  notify  the  surplus  liiie  broker  in  writing,  and  unless  within  ten 
days  after  receipt  of  such  notice  the  solvency  of  such  surety  is  proved 
to  the  satisfaction  of  the  insurance  commissioner,  or  a  new  bond  is  sub- 
stituted therefor,  said  insurance  commissioner  shall  revoke  the  license  of 
the  surplus  line  broker.  The  removal  of  the  office  of  the  surplus  line 
broker  from  this  state,  or  the  removal  therefrom  of  his  accounts  of  his 
business  as  such,  or  the  closing  of  his  said  office  for  a  period  of  more 
than  twenty  consecutive  days,  shall  constitute  a  termination  of  the 
authority  of  said  surplus  line  broker,  and  shall  be  tantamount  to  an 
express  revocation  of  his  license,  whether  or  not  the  insurance  commis- 
sioner thereafter  revokes  the  same.  No  new  license  shall  be  issued  to 
any  surplus  line  broker  whose  license  has  bqen  revoked  for  any  reason 
other  than  the  insufficiency  of  his  sureties,  within  the  period  of  one 
year  after  such  revocation,  and  until  all  indebtedness  of  said  surplus 
line  broker  on  former  business  has  been  jtaid  to  said  insurance  commis- 
sioner. Every  insured  for  whom  insurance  has  been  effected  with  unau- 
tliorized  companies  shall  jjroduce  for  examination  by  the  insurance 
commissioner,  wlienever  rec^iiestcd  by  him,  in  writing  so  to  do,  all  pol- 
icies, conlraits,  and  otlicr  docuiiUMils  evidencing  such  insurance  and 
disclose  to  liim  tlie  line  anhnml  of  tlie  gross  premiums  paid  or  agreed 
to  be  paid  tlierefoi',  or  upon  refusal  ^o  l()  do,  lie  sli;ill  forfeit  to  the  state 
of  (Jaliforiiia  the  sum  of  two  hundred  dollnis  for  enrli  rt'fnsal.  Nothing 
ill  tills  section  sliall  be  l■on^l^n(Ml  to  depiivc  any  citizen  of  this  state  of 
the  right  to  Tiegotiate  ami  elVert  insnraiice  on  his  own  property  with  any 
uiiauf horizcd  company.  Xothini;  in  this  section  shall  be  construed  to 
j)eniiit  any  broker  to  sidirit  or  place  marine'  insurance  or  insurance  on 
jiroperty    of    I'ailroads    or    otliei'    common    carrievs    engaged    in    interstate 


169  POLITICAL   CODE.  §  597 

tradi!  with  iioiiadiiiittod  insurers  until  tlirec-quartcM's  of  tlio  companies 
duly  autiiorized  to  transact  sucii  class  of  insurance  in  tliis  state  shall 
have  first  been  given  a  refusal  of  such  insurance  at  equal  rates  and  same 
conditions  as  may  be  bona  fide  obtainable  from  insurance  companies 
admitted  to  do  the  same  character  of  insurance  under  the  laws  of  the 
state  of  New  York.  [Amendment  approved  April  20,  1917;  Stats.  1917, 
p.  147.] 

Repealed.  Section  four  hundred  thirty-nine  of  the  Penal  Code,  in  so 
far  as  it  is  inconsistent  with  the  provisions  hereof,  is  hereby  repealed. 
[Kejicalt'd  by  act  approve<l  April  20,  1917;  Stats.   1917,  p.   147.'] 

§  597.  Examination  of  insurance  companies.  Company  organized  in 
other  state.  Access  to  books.  Inspection  of  books.  State  compensation 
insurance  fund.  The  commissioner,  whenever  he  deems  necessary,  or 
whenever  he  is  requested  by  verified  petition,  signed  by  twenty-five  per- 
sons interested,  either  as  stockholders,  policy-holders,  or  creditors  of  any 
company  engaged  in  insurance  business  in  this  state,  showing  that  such 
company  is  insolvent  under  the  laws  of  this  state,  must  make  an  exami- 
nation of  the  business  and  affairs  relating  to  the  insurance  business  of 
such  company,  and  must  make  such  an  examination  whenever  any  cgni- 
pany  is  organized  to  do  insurance  business  in  this  state,  and  before 
issuing  a  certificate  of  authority  other  than  renewals  to  sueli  company; 
provided,  the  insurance  commissioner  shall  have  no  authority  to  issue, 
and  no  certificate  of  authority  shall  be  issued,  to  any  insurance  company 
or  corporation  hereafter  organized  or  incorporated  in  this  state,  whether 
the  same  be  organized  and  promoted  directly  or  by  means  of  a  holding 
company  or  porporation,  one  of  the  purposes  of  which  is  the  organization 
and  promotion  of  such  insurance  company  or  corporation,  where  such 
examination,  shows  the  expense  of  organization  and  promotion  to  be  in 
excess  of  fifteen  per  cent  of  the  total  amount  actually  paid  on  its  capital 
stock  exclusive  of  surplus. 

Whenever  any  company,  not  organized  under  the  laws  of  this  state, 
applies  for  a  certificate  of  authority  to  do  business  in  this  state,  the 
insurance  commissioner  may  make,  or  cause  to  be  made,  by  the  insurance 
department  of  the  state  where  such  company  is  organized,  an  examina- 
tion of  the  business  and  gififairs  relating  to  the  insurance  business 
of  such  company.  The  company  organized  or  existing  under  the 
laws  of  any  country  outside  of  the  United  States,  shall  be  deemed 
to  be  organized  within  the  meaning  of  this  act  in  any  state  wherein 
such  company  maintains  the  dej)osits  required  by  the  laws  of  this  state. 

For  the  purpose  of  making  such  examination  the  insurance  commis- 
sioner shall  have  free  access  to  all  the  books  and  papers  of  such  com- 
pany, and  must  thoroughly  inspect  and  examine  all  its  affairs,  and  ascer- 
tain its  condition  and  ability  to  fulfill  its  engagements,  and  that  it  has 
complied  w'ith  all  the  provisions  of  law  applicable  to  its  insurance 
transactions. 

Every  company  examined  under  the  provisions  of  this  section  must 
open  its  books  and  papers  for  the  inspection  of  the  commissioner,  and 
otherwise  facilitate  such  examination;  and  the  commissioner  may  ad- 
minister oaths  and  examine  under  oath  any  person  relative  to  the  busi- 
ness  of   such   company;    and   if  he   finds   the   books   to   be   carelessly   or 


§  602a  POLITICAL   CODE.  170 

improperly  kept  or  posted,  he  must  employ  sworn  experts  to  rewrite,  post, 
and  balance  the  same  at  the  expense  of  such  company.  Such  examina- 
tion must  be  conducted  in  the  county  where  such  company  has  its  prin- 
cipal office,  and  must  be  private,  unless  the  commissioner  deems  it 
necessary  to  publish  the  result  of  such  investigation,  in  which  case  he 
may  publish  the  same  in  two  of  the  public  newspapers  of  this  state,  one 
of  which  must  be  published  in  the  city  of  San  Francisco  and  the  other 
in  the  city  of  Los  Angeles.  All  examinations  must  be  at  the  expense  of 
the  company,  such  expense  to  be  paid  in  advance,  and,  if  any  such  com- 
pany refuses  to  pay  such  expenses  in  advance,  the  insurance  commissioner 
may  refuse  to  issue  any  such  certificate  of  authority  and  must  revoke  any 
existing  certificate  of  authority  authorizing  such  company  to  do  business. 
The  insurance  commissioner  shall  have  the  same  powers  and  authority 
to  make  examination  of  the  state  compensation  insurance  fund  as  are 
conferred  upon  him  by  law  relative  to  the  examination  of  other  insurance 
carriers.      [Amendment   approved    May   29,    1917;    Stats.    1917,    p.    1320.] 

§  602a.     Liabilities  of  insurance  companies.     Computation  of  reserve. 

In  estimating  the  condition  of  any  insurance  corporation,  mutual  com- 
pany, association,  the  state  compensation  insurance  fund,  interinsurance 
exchange  or  other  insurance  carriers  engaged  in  the  business  of  liability 
insurance  and  licensed  to  transact  business  in  this  state,  the  insurance 
commissioner  shall  charge  as  liabilities,  all  outstanding  indebtedness  of 
such  carrier,  and  the  premium  reserve  on  policies  in  force,  equal  to  the 
unearned  portions  of  the  gross  premiums  charged  for  covering  the  risks, 
computed  on  each  respective  risk  from  the  date  of  the  issuance  of  the 
policy. 

The  reserve  for  outstanding  losses  under  insurance  against  loss  or  dam- 
age from  accident  to  or  injuries  suffered  by  an  employee  or  other  person 
and  for  which  the  insured  is  liable  shall  be  computed  as  follows: 

(1)  Liability  suits.  For  all  liability  suits  being  defended  under  poli- 
cies written  more  than — 

(a)  Ten  years  prior  to  the  date  as  of  which  the  statement  is  made, 
one  thousand  five  hundred  dollars  for  each  suit. 

(b)  Five  and  less  than  ten  years  prior  to  the  date  as  of  which  the 
statement  is  made,  one  thousand  dollars  for  each  suit. 

(c)  Three  and  less  than  five  years  prior  to  the  date  as  of  which  the 
statement  is  made,  eight  hundred  fifty  dollars  for  each  suit. 

(2)  Liability  policies.  For  all  liability  policies  written  during  the 
three  years  immediately  preceding  the  date  as  of  which  the  statement  is 
made,  such  reserve  shall  be  sixty  per  centum  of  the  earned  liability 
premiums  of  each  of  such  three  years  less  all  loss  and  loss  expense  pay- 
ments made  under  the  liability  policies  written  in  the  corresponding 
years;  but  in  any  event,  such  reserve  shall,  for  the  first  of  such  three 
years,  be  not  less  than  seven  hundred  fifty  dollars  for  each  outstanding 
liability  suit  on   said  year's  policies. 

(3)  Claims  under  policies  written  three  years  prior.  For  all  compensa- 
tion claims  under  policies  written  more  than  three  years  prior  to  the 
date  as  of  vvhicli  the  statement  is  made,  the  j)rescnt  values  at  four  per 
centum  interest   of  the  determined  and  the  estimated  future  payments. 


171  POLITICAL  CODE.  §  602a 

(4)  Claims  under  policies  written  three  years  preceding.  For  all  com- 
pensation, claims  under  policies  written  in  the  three  years  immediately 
preceding  the  date  as  of  which  the  statement  is  made,  such  reserve  shall 
be  seventy  per  centum  of  the  earned  compensation  premiums  of  each 
of  such  three  years,  less  all  loss  and  loss  expense  payments  made  in  con- 
nection with  such  claims  under  policies  written  in  the  corresponding 
years;  but  in  any  event  in  the  case  of  the  first  year  of  any  such  three- 
year  period  such  reserve  shall.be  not  less  than  the  present  value  at  four 
per  centum  interest  of  the  determined  and  the  estimated  unpaid  com- 
pensation claims  under  policies  written  during  such  year. 

"Earned  premiums."  The  term  "earned  premiums,"  as  used  herein, 
shall  include  gross  premiums  charged  on  all  policies  written,  including 
all  determined  excess  and  additional  premiums,  less  return  premiums, 
other  than  premiums  returned  to  policy-holders  as  dividends,  and  less 
reinsurance  premiums  and-  premiums  on  policies  canceled,  and  less  un- 
earned premiums  on  policies  in  force. 

"Compensation."  The  term  "compensation"  as  used  in  this  act,  shall 
relate  to  all  insurance  effected  by  virtue  of  statutes  providing  compen- 
sation to  employees  for  personal  injuries  irrespective  of  fault  of  the 
employer.  The  term  "liability"  shall  relate  to  all  insurance  except  com- 
pensation insurance  against  loss  or  damage  from  accident  to  or  injuries 
suffered  by  an  employee  or  other  person  and  for  which  the  insured  is 
liable. 

"Loss  payments."  The  terms  "loss  payments,"  and  "loss  expense  pay- 
ments," as  used  herein,  shall  include  all  payments  to  claimants,  including 
payments  for  medical  and  surgical  attendance,  legal  expenses,  salaries 
and  expenses  of  investigators,  adjusters  and  field  men,  rents,  stationery, 
telegraph  and  telephone  charges,  postage,  salaries  and  expenses  of  office 
employees,  home  office  expenses,  and  all  other  payments  made  on  account 
of  claims,  whether  such  payments  shall  be  allocated  to  specific  claims  or 
unallocated. 

Distribution  of  unallocated  liability  loss  expense  payments.  All 
unallocated  liability  loss  expense  payments  made  in  a  given  calendar 
year  subsequent  to  the  first  four  years  in  which  an  insurer  has  been 
issuing  liability  policies,  shall  be  distributed  as  follows:  Thirty-five 
per  centum  shall  be  charged  to  the  policies  written  in  that  year,  forty 
per  centum  to  the  policies  written  in  the  preceding  year,  ten  per  centum 
to  the  policies  written  in  the  second  year  preceding,  ten  per  centum  to 
the  policies  written  in  the  third  year  preceding,  and  five  per  centum 
to  the  policies  written  in  the  fourth  year  preceding,  and  such  pay- 
ments made  in  each  of  the  first  four  calendar  years  in  which  an  in- 
surer issues  liability  policies  shall  be  distributed  as  follows:  In  the 
first  calendar  year  one  hundred  per  centum  shall  be  charged  to  'the 
policies  written  in  that  year,  in  the  second  calendar  year  fifty  per 
centum  shall  be  charged  to  the  policies  written  in  that  year  and  fifty 
per  centum  to  the  policies  written  in  the  preceding  year;  in  the  third 
calendar  year  forty  per  centum  shall  be  charged  to  the  policies  writ- 
ten in  that  year,  forty  per  centum  to  the  policies  written  in  the  pre- 
ceding year,  and  twenty  per  centum  to  the  policies  written  in  the  sec- 
ond   year    preceding,    and   in'   the    fourth    calendar    yea'r   thirty-five    per 


§  633  POLITICAL   CODE.  172 

ceutuiii  shall  be  charged  to  the  policies  written  iii  that  year,  forty  per 
ceutum  to  the  policies  written  in  the  preceding  year,  fifteen  per  centum 
to  the  policies  written  in  the  second  year  preceding,  and  ten  per  centum 
to  the  policies  written  in  the  third  year  preceding,  and  a  schedule  show- 
ing such  distribution  shall  be  included  in  the  annual  statement. 

Distribution  of  unallocated  compensation  loss  expense  payments.     All 

unallocated  compensation  loss  expense  payments  made  in  a  given  cal- 
endar year  subsequent  to  the  first  three  years  in  which  an  insurer  has 
been  issuing  comi^cnsation  policies  shall  be  distributed  as  follows: 
Forty  per  centum  shall  be  charged  to  the  policies  written  in  that  year, 
forty-five  per  centum  to  the  policies  written  in  the  preceding  year, 
ten  iper  centum  to  the  policies  written  in  the  second  year  preceding 
and  -five  per  centum  to  the  policies  written  in  the  third  year  preceding, 
and  such  payments  made  in  each  of  the  first  three  calendar  years  in 
which  an  insurer  issues  compensation  policies  shall  be  distributed  as 
follows:  In  the  first  calendar  year  one  hundred  per  centum  shall  be 
charged  to  the  policies  written  in  that  year,  in  the  second  calendar 
year  fifty  per  centum  shall  be  charged  to  the  policies  written  in  that 
year  and  fifty  per  centum  to  the  policies  written  in  the  preceding  year, 
in  the  third  calendar  year  forty-five  per  centum  shall  be  charged  to 
the  policies  written  in  that  year,  forty-five  per  centum  to  the  policies 
written  in  the  preceding  year  and  ten  per  centum  to  the  policies  writ- 
ten in  the  second  year  preceding,  and  a  schedule  showing  such  distri- 
bution shall  be  included  in  the  annual  statement. 

Additional  reserves.  Whenever,  in  the  judgment  of  the  insurance 
commissioner,  the  liability  or  compensation  loss  reserves  of  any  insurer 
under  his  supervision,  calculated  in  accordance  with  the  foregoing  pro- 
visions, are  inadequate,  he  may,  in  his  discretion,  require  such  insurer 
to  maintain  additional  reserves  based  upon  estimated  individual  claims 
or   otherwise. 

Schedule  of  experience.  Each  insurer  that  writes  liability  or  compen- 
sation policies  shall  include  in  the  annual  statement  required  by  law 
a  schedule  of  its  experience  thereunder  in  such  form  as  the  insurance 
commissioner    may    prescribe.     [Amendment    approved    May    26,    1917; 

Stats.  1917,  p.  1178.] 

§  633.  License  to  act  as  insurance  agent.  No  person,  shall  within 
this  state  act  as  the  agent  of  any  insurance  or  surety  company  or  society 
until  such  jierson  shall  have  first  obtained  .a  license  from  the  insurance 
commissioner  authorizing  him  or  it  so  to   act. 

Any  person  duly  appointed  and  authorized  by  an  insurance  or  surety 
company  or  society  to  solicit  applications  for  insurance  or  surety  bonds, 
or  effect  insurance  or  surety  bonds  in  the  name  of  such  company,  shall 
be  an  agent  within  the  meaning  of  this  section.  The  insurance-  com- 
missioiior  (shall  upon  written  notice  from  any  insurance  or  surety  com- 
pany or  society,  authorized  1o  transact  business  in  this  state,'  of  its 
ap|ioiiitmcnt  of  any  person  to  act  as  its  agent  and  upon  jiayment  of 
the  fee  provided  for  in  section  six  hundred  five  of  the  Political  Code, 
issue  to  such  p(^rson  a  license  in  such  form  as  may  be  prescribed  by  the 
insurance    department;    provided,   however,    that    such   proposed   licensee 


173  POLITICAL   CODE.  §  633 

shnll  first  file  with  the  iiiwiii'ance  (■oiiiiiiissioiicr  ot  tlic  state  of  Calit'ornia 
upon  a  form  to  be  proscribed  and  furnished  by  said  insurance  commis- 
sioner, an  ajiplication  in  writing,  duly  verified  under  oath,  reciting: 

Application.     First — The  applicant's  full  name  and  address; 

Second — The  name  of  the  company  for  which  the  applicant  is  to  act 
as    agent; 

Third — The  applicant's  experience  in  the  insurance  or  surety  business; 

Fourth — If  the  applicant  is  engaged  in  any  business  other  than  in- 
surance or  surety,  the  nature  of  such  business  and  the  name  under  which 
such   business  is   conducted; 

Fifth — That  the  applicant  intends  to  carry  on  in  good  faith  the  occu- 
pation of  an  insurance  or  surety  agent,  and  that  said  applicant  does 
not  seek  such  appointment  for  the  purpose  of  avoiding  or  preventing 
the  operation  or  enforcement  of  the  insurance  law^s  of  this  state. 

Revocation  or  suspension  of  license.  If  it  shall  be  brought  to  the  at- 
tention of  the  insurance  commissioner  that  any  agent  licensed  here- 
under has  willfully  misstated  any  material  fact  in  his  application,  or 
that  the  purpose  or  principal  use  of  such  license  as  an  insurance  or 
surety  agent  is  to  avoid  or  prevent  the  operation  or  enforcement  of 
any  anti-rebate  law  or  other  insurance  law  of  this  state,  then  the  in- 
surance commissioner  shall  give  notice  to  such  agent  and  cite  him  to 
appear  before  such  insurance  commissioner  and  show  cause  why  his 
license  as  an  insurance  or  surety  agent  should  not  be  suspended  or  re- 
voked. If  at  the  hearing  of  said  order  to  show  cause  it  shall  appear 
that  said  agent  has  willfully  misstated  any  material  fact  in  his  ap- 
plication to  the  insurance  commissioner,  or  that  the  purpose  or  prin- 
cipal use  of  such  license  is  to  avoid  or  prevent  the  operation  or  enforce- 
ment of  any  anti-rebate  law  or  other  insurance  law  of  this  state,  then 
the  insurance  commissioner  shall  either  revoke  or  suspend  the  license 
of  such  agent,  and  shall  notify  both  the  agent  and  the  company  of 
such   revocation   or  suspension. 

Action  to  review  facts.  If  at  any  time  the  insurance  commissioner 
revokes  or  suspends  the  license  theretofore  granted  to  any  agent,  such 
applicant  or  agent  may  commence  an  action  against  the  insurance  com- 
missioner for  the  purpose  of  reviewing  the  facts  and  the  law  pertinent 
to  the  controversy,  and  for  the  purpose  of  obtaining  relief,  or  cancel- 
ing the  act  of  the  insurance  commissioner.  In  any  such  action  the  court 
shall  have  full  power  to  investigate  all  the  facts  de  novo  without  re- 
gard to  the  determinations  previously  made  by  the  insurance  commis- 
sioner. All  of  the  provisions  of  the  Code  of  Civil  Procedure  relating 
to  pleadings,  proofs,  trials  and  appeals  shall  be  applicable  to  such  ac- 
tions. 

Such  action  shall  be  commenced  and  tried  in  the  superior  court  of 
the  county  in  which  such  agent  resides,  unless  the  parties  thereto  stipu- 
late otherwise. 

Time  in  force.  Unless  revoked  by  the  commissioner,  or  unless  the 
company  by  written  notice  to  the  commissioner  cancels  the  agent's 
authority  to  act  for  it,  such  license,  or  any  renewal  thereof,  shall  ex- 
pire on  the  first  day  of  July  next  after  its  issue  or  renewal.  Any 
license  issued   after   this   section   takes   effect   may   in  the   discretion   of 


§  633a  POLITICAL.  CODE.  174 

the  insurance  commissioner  be  renewed  for  a  succeeding  year  by  a  re- 
newal certificate  without  the  commissioner  requiring  the  detailed  infor- 
mation required  by  this  section. 

Penalty.  Any  person  who  shall  act  or  offer  to  act  6r  assume  to  act 
as  an  insurance  or  surety  agent  unless  licensed  by  the  insurance  com- 
missioner as  provided  in  this  section,  or  after  such  license  granted  to 
him  or  it  has  been  suspended  or  revoked,  shall  be  guilty  of  a  misde- 
meanor, but  any  policy  issued  on  an  application,  thus  procured,  shall 
bind  the  insurance   company  if   otherwise   valid. 

Title  insurance,  etc.,  not  affected.  Nothing  in  this  section  shall  be 
construed  to  apply  to,  refer  to,  or  affect  county  mutual  fire  insurance 
companies,  or  their  agents,  or  title  insurance  business,  or  fraternal 
benefit  societies,  or  agents  or  employees  of  reciprocal  or  interinsurance 
exchanges. 

Fees.  Nothing  herein  contained  shall  in  any  manner  limit  the  fees 
provided  for  in  section  six  hundred  five  of  the  Political  Code.  [Amend- 
ment approved  June  1,  1917;  Stats.  1917,  p.  1617.] 

§  633a.  License  to  act  as  insurance  broker.  No  person,  firm  or  cor- 
poration shall  within  this  state  act  as  an  insurance  broker  until  such 
person,  firm  or  corporation  shall  have  first  obtained  a  license  from  the 
insurance  commissioner  authorizing  him  or  it  so  to  act. 

Who  are  insurance  brokers.  Any  person,  firm  or  corporation,  other 
than  an  insurance  or  surety  company,  or  society,  or  agent  of  such  com- 
pany or  society,  or  employee  compensated  by  salary  only  and  acting 
on  behalf  of  such  company  or  society  or  agent,  or  a  medical  examiner 
for  a  life  insurance  company  or  society,  who,  for  compensation  acts 
or  aids  in  any  manner  in  negotiating  contracts  of  insurance  or  surety 
bonds  or  reinsurance  or  placing  risks,  or  effecting  insurance  or  rein- 
surance for  a  party  other  than  himself  or  itself,  shall  be  an  insurance 
broker  within  the  meaning  of  this  section. 

License  issued.  The  insurance  commissioner  shall  upon  the  payment 
of  a  fee  provided  for  in  section  six  hundred  five  of  the  Political  Code, 
issue  to  a  person,  firm  or  corporation  a  license  to  act  as  an  insurance 
broker  to  negotiate  contracts  of  insurance  or  surety  bonds,  or  rein- 
surance, or  place  risks,  or  effect  insurance  or  surety  bonds  or  reinsur- 
ance, with  any  insurance  or  surety  company  or  society  authorized  to 
transact  such  business  within  this  state,  or  with  its  agent,  or  with 
another  broker;  provided,  however,  that  such  proposed  licensee  shall 
first  file  wdth  the  insurance  commissioner  of  the  state  of  California, 
upon  a  form  to  be  prescribed  and  furnished  by  said  insurance  commis- 
sioner, an  application  in  writing,  duly  verified  under  oath,  reciting: 

Application.     First — The  applicant's  full  name  and  address; 

Second — The   applicant's   experience   in   the   insurance   business; 

Third — If  the  applicant  is  engaged  in  any  other  business  than  insur- 
ance, the  nature  of  such  business  and  the  name  under  which  such  busi- 
ness is   conducted; 

Fourth — If  the  applicant  be  a  co])nrtnership,  the  names  of  the  part- 
ners comprising  sucli  copartncrshij),  or  if  the  applicant  be  a  corporation, 
the  names  of  the  officers  thereof; 


175  POLITICAL  CODE.  §  633a 

Fifth — That  the  applicant  intends  to  carry  on  in  good  faith  the  occu- 
pation of  an  insurance  broker,  and  that  said  applicant  does  not  seek  a 
license  as  an  insurance  broker  for  the  purpose  of  avoiding  or  prevent- 
ing the  operation  or  enforcement  of  the  insurance  laws  of  this  state. 

Time  in  force.  An  insurance  broker's  license  so  issued  shall  remain 
in  force  until  July  first  of  any  year  after  the  date  of  the  issuance 
thereof,  unless  sooner  revoked  by  the  insurance  commissioner.  Such 
broker's  license  issued  on  an  application  as  hereinbefore  provided  may 
in  the  discretion  of  the  insurance  commissioner  be  renewed  upon  ex- 
piration for  a  succeeding  year  upon  the  payment  of  a  fee,  provided 
for  in  section  six  hundred  five  of  the  Political  Code,  without  requir- 
ing anew   the   details  required  in  the  original  application. 

Revocation  or  suspension  of  license.  If  it  shall  be  brought  to  the 
attention  of  the  insurance  commissioner  that  any  insurance  broker 
licensed  hereunder  has  willfully  misstated  any  material  fact  in  his 
application,  or  that  the  purpose  or  principal  use  of  such  license  as  an 
insurance  broker  is  to  avoid  or  prevent  the  operation  or  enforcement 
of  any  anti-rebate  law  or  other  insurance  law  of  this  state,  then  the 
insurance  commissioner  shall  give  notice  to  such  insurance  broker  and 
cite  him  to  appear  before  such  insurance  commissioner  and  show  cause 
why  his  license  as  an  insurance  broker  should  not  be  suspended  or 
revoked.  If  at  the  hearing  of  said  order  to  show  cause  it  shall  appear 
that  ^aid  insurance  broker  has  willfully  misstated  any  material  fact 
in  his  application  to  the  insurance  commissioner,  or  that  the  purpose 
or  princijsal  use  of  such  license  is  to  avoid  or  prevent  the  operation 
or  enforcement  of  any  anti-rebate  law  or  other  insurance  law  of  this 
state,  then  the  insurance  commissioner  shall  either  revoke  or  suspend 
the  license  of  such  insurance  broker  and  shall  notify  such  broker  of 
such  revocation  or  suspension,  and  shall  publish  a  notice  of  the  revo- 
cation or  suspension  of  said  insurance  broker's  license  in  such  a  manner 
as  he  deems  proper  for  the  protection  of  the  public. 

Action  to  review  facts.  If  at  any  time  the  insurance  commissioner 
revokes  or  suspends  the  license  theretofore  granted  to  a  broker,  such 
broker  may  commence  an  action  against  the  insurance  commissioner  for 
the  purpose  of  reviewing  the  facts  and  the  law  pertinent  to  the  con- 
troversy, and  for  the  purpose  of  obtaining  relief,  or  canceling  the  act 
of  the  insurance  commissioner.  In  any  such  action  the  court  shall 
have  full  power  to  investigate  all  the  facts  de  novo  without  regard  to 
the  determination  previously  made  by  the  insurance  commissioner.  All 
of  the  provisions  of  the  Code  of  Civil  Procedure  relating  to  pleadings, 
proofs,  trials  and  appeals  shall  be  applicable  to  such  action. 

Such  action  shall  be  commenced  and  tried  in  the  superior  court  of 
the  county  in  which  such  broker  resides,  unless  the  parties  thereto 
stipulate    otherwise. 

Nonresident  brokers.  The  insurance  comm.issioner  may  upon  appli- 
cation issue  to  nonresident  insurance  brokers  a  license  to  transact  in- 
surance in  this  state  subject  to  the  same  qualifications,  requirements, 
restrictions  and  fees  as  provided  for  resident  brokers. 

Penalty.  Any  person,  firm  or  corporation,  who  shall  act  or  offer 
to  act  or  assume  to  act  as  an  insurance  broker,  unless  licensed  by  the 


§  633b  POLITICAL   CODE.  176 

iusnranc-e  commissioner  as  provided  in  this  sootiou,  or  after  such  license 
granted  to  Mm  or  it  has  been  revoked,  shall  be  guilty  of  a  misdemeanor, 
but  the  jjolicy  issued  on  an  application  thus  jirocured,  shall  bind  the 
insurance   company,  if  otherwise   valid. 

Title  insurance,  etc.,  not  affected.  Nothing  in  this  section  shall  apply 
to  or  in  any  way  affect  title  insurance  business,  fraternal  benefit  soci- 
eties  or    county    mutual   fire   insurance    companies. 

Fees.  Nothing  herein  contained  shall  in  any  manner  limit  the  fees 
provided  for  in  section  six  hundred  five  of  the  Political  Code.  [New 
section  added  .June  1,   1917;   Stats.   1917,  p.   I(il5.] 

§  633b.     Policy  must   contain   true   statement   of   premium   and   risk. 

No  insurance  or  surety  company  or  society,  nor  any  agent,  shall  insure 
any  risk  in  this  state,  nor  shall  any  agent  or  broker  assist  in  arranging 
any  such  insurance,  the  policy  or  contract  for  which  does  not  contain 
a  true  and  correct  statement  of  the  premium  consideration  paid  or  to 
be  paid  therefor,  and  of  the  risk  covered  for  such,  premium  consider'a- 
tion;  provided,  however,  that  if  the  insurance  be  of  a  character  where 
the  exact  premium  is  only  determinable  upon  the  expiration  of  the 
policy  or  contract,  such  policy  ©r  contract  must  contain  a  true  and  cor- 
rect statement  of  the  basis  and  rates  upon  which  the  said  final  premium 
or  consideration  is  to  be  determined  and  paid,  and  of  the  risk  covered 
for  such  premium  consideration. 

Covering  notes.  This  section  shall  not  be  construed  to  prohibit  the 
use  of  covering  notes  to  temporarily  bind  insurance  or  surety  bonds 
pending  the  issuance  of  the  policy  or  contract;  provided,  that  for  every 
such  covering  note  so  used,  within  ninety  days  thereafter  a  policy  or 
contract  shall  be  issued  in  lieu  thereof,  including  within  its  terms  the 
identical  insurance  protected  under  said  covering  note  and  the  premium 
consideration  paid  or  to  be  paid  therefor. 

Rebates  prohibited.  No  insurance  or  surety  company  or  society,  by 
itself  or  by  any  other  party,  and  no  agent,  or  insurance  broker,  person- 
ally or  by  any  other  party,  shall  offer,  promise,  allow,  give,  set  off  or  pay, 
directly  or  indirectly,  as  an  inducement  to  insurance  on  any  risk  in  this 
state,  now  or  hereafter  to  be  written,  any  rebate  of  or  part  of  the  pre- 
mium payable  on  the  policy  or  contract  of  insurance  or  surety  bond,  or 
of  the  agent's  or  broker's  commission  thereon;  nor  shall  any  such  com- 
pany, or  societ}^,  agent,  or  broker,  personally  or  otherwise,  offer,  promise, 
allow,  give,  set  off,  or  pay,  directly  or  indirectly  as  an  inducement  to 
such  insurance  any  earnings,  profits,  dividends,  or  other  benefit,  founded, 
arising,  accruing,  or  to  acme  on  such  insurance  or  surety  bond,  or  there- 
from, or  any  other  valuable  consideration  which  is  not  clearly  specified, 
promised  or  provided  for  in  the  policy  or  contract  of  insurance,  or  in 
the  application  for  such  surety  bond;  provided,  however,  that  nothing  in 
this  section  shall  be  construed  to  prevent  a  mutual  fire  insurance  com- 
pany from  returning  any  portion  of  the  premium  as  a  dividend,  at  the 
expiration   of   lln'   Icini   coxci'cd   by  such   prcniiuin. 

Commission.  Discount  on  marine  insurance.  Nothing  in  this  section 
ahull    be    consfrucd    to    jnohibit    any    insurance    or    surety    company    or 


177  POLITICAL   CODE.  §  633b 

society,  or  agent  tor  siicli  coniiiany  or  society,  or  liroker,  from  paying 
commission  to  another  company,  society,  agent,  or  insurance  broker,  nor 
shall  this  section  be  construed  to  prohibit  any  marine  insurance  com- 
pany, agent,  or  broker  from  allowing  any  insured,  such  usual  discount 
as  is  sanctioned  by  custom  amongst  marine  insurers  as  being  additional 
to  the  agent's  or  broker's  commission,  but  this  exemption  shall  in  no  wise 
operate  to  relieve  marine  insurance  in  any  other  respect  from  the  full 
operation  of  this  section. 

Agent's  commission  on  own  insurance.  This  section,  except  as  herein- 
before specifically  provided,  shall  not  be  construed  to  prevent  any  insur- 
ance or  surety  company  from  paying  to  another  insurance  or  surety  com- 
pany, or  to  an  agent  or  broker,  or  to  prevent  any  insurance  or ,  surety 
company  or  such  an  agent  or  broker  from  receiving  a  commission  in  re- 
spect to  any  policy  under  which  it,  itself,  or  he,  himself,  is  insured. 

Bonuses.  Nothing  in  this  section  shall  be  so  construed  as  to  prohibit 
any  company  issuing  nonparticipating  life  insurance  from  paying 
bonuses  to  policy-holders  or  otherwise  abating  their  premiums,  in  whole 
or  in  part  out  of  surplus  accumulated  from  nonparticipating  insurance; 
nor  to  prohibit  any  company  transacting  industrial  insurance  on  the 
weekly  payment  plan  from  returning  to  policy-holders  who  have  made 
premium  payment  for  a  period  of  at  least  one  year  directly  to  the  com- 
pany at  its  home  or  district  offices,  a  percentage  of  the  premium  which 
the  company  would  have  paid  for  the  weekly  collection  of  such  pre- 
miums. This  section  shall  not  be  construed  to  prevent  any  life  insur- 
ance company  paying,  or  contract  holders  receiving  special  compensa- 
tions, or  allowing  and  receiving  credits  already  agreed  upon  in  contracts 
now  in  force. 

Producing  books,  etc.  No  person  shall  be  excused  from  testifying  or 
from  producing  any  books,  papers,  contracts,  agreements  or  documents 
at  the  trial  or  hearing  of  any  person  or  company,  association  or  society 
charged  with  violating  any  provisions  of  this  section,  on  the  ground 
that  such  testimony  or  evidence  may  tend  to  incriminate  himself,  but 
no  person  shall  be  prosecuted  for  any  act  concerning  which  he  shall  be 
compelled  so  to  testify  or  produce  evidence,  documentary  or  otherwise, 
except  for  perjury  committed  in  so  testifying. 

Responsibility  of  company.  Every  insurance  company  or  society  shall 
be  cliarged  with  full  responsibility  to  exercise  reasonable  diligence  fsr 
the  observance  of  this  section  by  its  agents  and  it  shall  be  unlawful  for 
any  insurance  or  surety  company  to  appoint  as  its  agent  any  person, 
firm  or  corporation,  or  the  employee  or  nominee  of  said  person,  firm  or 
corporation,  for  the  purpose  of  enabling  such  person,  firm  or  corporation 
to  obtain  a  policy  or  contract  of  insurance  at  a  cost  less  than  that  speci- 
fied in  any  policy  or  contract  of  insurance  issued  to  such  person,  firm  or 
corporation,  or  at  a  cost  less  than  that  specified  in  any  application  for 
any  surety  bond  issued  in  behalf  of  such  person,  firm  or  corporation. 

Penalty.     Certificate  of  authority  suspended.     An  officer  or  employee 
of  any  insurance  or  surety  company  or  society,  or  any  agent  or  broker, 
or  any  officer  or  employee  of  such  agent  or  broker  who  violates  any  of 
12 


§  678  POLITICAL  CODE.  178 

the  provisions  of  this  section  shall  be  guilty  of  a  misdemeanor.  Upon 
it  being  proven  to  the  insurance  commissioner  after  a  hearing  upon  rea- 
sonable notice  to  the  accused  of  the  time  and  place  of  such  hearing  that 
any  insurance  or  surety  company  or  society  shall  knowingly  have  vio- 
lated any  of  the  provisions  of  this  act,  or  shall  knowingly  have  per- 
mitted any  officer,  managerial  agent,  or  managerial  employee,  to  violate 
any  of  the  provisions  of  this  act,  he  shall  have  authority  to  suspend  the 
certificate  of  authority  of  such  insurance  or  surety  company  or  society  to 
do  the  kind  of  business  in  which  the  violation  of  the  provisions  of  this 
act  occurred. 

Agent's  license  revoked.  And  the  insurance  commissioner  shall  have 
authority  to  suspend  or  revoke  the  license  issued  to  any  agent  or  broker 
on  its  being  proven  to  him,  after  hearing,  that  such  agent  or  broker  has 
knowingly  and  willfully  violated  any  of  the  provisions  of  this  act. 

Action  to  review  facts.  If  at  any  time  the  insurance  commissioner 
suspends  the  certificate  of  authority  theretofore  granted  to  any  insur- 
ance or  surety  company,  or  revokes  or  suspends  the  license  theretofore 
granted  to  any  broker  or  agent,  or  refuses  to  grant  a  certificate  of 
authority  to  any  insurance  or  surety  company,  or  license  to  any  broker 
or  agent,  any  interested  person  or  company  may  commence  an  action 
against  the  insurance  commissioner  for  the  purpose  of  reviewing  the 
facts  and  the  law  pertinent  to  the  controversy  and  for  the  purpose  of 
obtaining  the  relief  refused  or  for  canceling  the  action  of  the  commis- 
sioner. In  any  such  action  the  court  shall  have  full  power  to  investigate 
all  of  the  facts  de  novo,  without  regard  to  the  determinations  previously 
made  by  the  commissioner.  In  the  trial  of  such  actions  all  of  the  pro- 
visions of  the  Code  of  Civil  Procedure,  shall  be  applicable.  Such  action 
shall  be  commenced  and  tried  in  the  superior  court  of  the  county  in 
which  such  insurance  or  surety  company  or  society  has  its  principal 
place  of  business  in  this  state,  or  in  which  such  broker  or  agent  resides, 
unless  the  parties  thereto  stipulate  otherwise. 

Title  Insurance,  etc.,  not  affected.  Nothing  in  this  act  shall  apply  to, 
or  in  any  way  affect  reciprocal  or  iuterinsurance  contracts,  title  insur- 
ance business,  fraternal  benefit  societies,  or  county  mutual  fire  insurance 
companies.     [New  section  added  June  1,  1917;  Stats.  1917,  p.  1612.] 

§678.  Notice  to  state  board  of  control  and  treasurer  of  bond  sale. 
Whenever,  under  the  provisions  of  law,  the  board  of  supervisors,  trus- 
tees, common  council  or  other  governing  boards  or  bodies  of  any  city  or 
county,  city  or  town  or  school  district  of  this  state  shall  advertise  the 
sale  of  bonds  voted  for  any  purpose,  the  clerk  of  such  board  of  super- 
visors, trustees,  common  council  or  other  governing  board  or  body  shall 
forthwith  by  mail,  postage  prepaid,  notify  the  state  board  of  control  and 
state  treasurer  at  the  capitol  of  such  issuance  and  sale  of  bonds  and 
snail  specify  the  purposes  for  which  such  bonds  were  voted,  the  amount 
of  the  total  issue  for  each  purpose,  the  denomination  of  each  bond  show- 
ing date  of  issuance  and  date  of  maturity,  the  rate  of  interest  showing 
v/hcn  and  where  payable,  the  assessed  value  of  the  property  upon  which 
such  bonds  are  a  lien,  the  total  amount  of  other  bonded  indebtedness 
which  is  a  lieu  upon  said  property,  and  shall  upon  request  of  the  state 


179  POLITICAL  CODE.  §§  686-718 

board  of  control  furnish  a  full  description  of  the  proceedings  leading 
up  to  such  issue;  provided,  that  no  certified  check,  bond  or  other  assur- 
ance in  law  shall  be  required  from  the  state  upon  its  bid  to  purchase 
bonds.      [Amendment  approved  May  14,  1917;  Stats.  1917,  p.  4G(3.] 

§  686.  Department  of  public  accounting.  Superintendent.  Bond. 
Additional  accountants.  Department  of  public  accounting.  Superin- 
tendent, etc.  There  is  hereby  established  in  connection  with  and  under 
the  supervision  of  the  state  board  of  control  a  department  of  public 
accounting.  The  board  shall  appoint  a  superintendent  of  accounts  at  an 
annual  salary  of  three  thousand  six  hundred  dollars,  and  two  assistants 
at  an  annual  salary  of  two  thousand  seven  hundred  dollars  each.  Such 
appointees  shall  be  skillful  accountants  and  well  versed  in  public  ac- 
counting. They  shall  (each)  execute  a  bond  to  the  state  in  the  sum  of 
ten  thousand  dollars.  They  shall  be  civil  executive  officers  and  their 
salaries  shall  be  paid  in  the  same  manner  and  at  the  same  time  as  the 
salaries  of  state  officers  are  paid.  The  board  may  also  appoint  such 
additional  accountants  as  may  be  necessary  to  carry  on  the  work  of  the 
department  at  salaries  not  to  exceed  for  any  one  of  such  appointees  the 
sum  of  two  thousand  four  hundred  dollars  per  annum.  Such  salaries, 
upon  authority  of  the  board,  shall  be  paid  out  of  money  appropriated 
for  the  use  of  the  department  at  the  same  time  and  in  the  same  manner 
as  the  salaries  of  state  officers  are  paid.  Such  accountants  shall  be 
chosen  from  persons  who  have  successfully  taken  an  open  competitive 
examination  given  along  practical  lines  showing  their  fitness  for  the 
work  required.  They  shall  each  execute  to  the  state  a  bond  in  the  sum 
of  five  thousand  dollars.  All  of  the  appointees  in  this  section  are  em- 
powered to  administer  oaths  in  the  furtherance  of  their  official  duties. 
[Amendment  approved  May  14,  1917;  Stats.  1917,  p.  467.] 

§718.     Employees  of  superintendent  of  capitol  building  and  grounds. 

The  superintendent  of  capitol  building  and  grounds  may  appoint  one 
bead  gardener  at  an  annual  salary  of  two  thousand  one  hundred  dollars, 
and  one  assistant  head  gardener  at  an  annual  salary  of  one  thousand 
three  hundred  twenty  dollars.  He  may  appoint  seven  special  policemen 
for  the  building  and  grounds  at  annual  salaries  of  one  thousand  three 
hundred  twenty  dollars  each,  who  shall  have  the  power  of  peace  officers, 
and  the  same  power  of  arrest  as  is  herein  given  to  the  superintendent. 
None  of  said  policemen  shall  be  required  to  work  more  than  six  days  in 
any  one  week.  He  may  appoint  one  clerk  for  his  office  at  an  annual 
salary  of  one  thousand  eight  hundred  dollars,  who  shall  be  a  civil  execu- 
tive officer;  one  head  porter  for  the  building  at  an  annual  salary  of  one 
thousand  two  hundred  sixty  dollars;  one  typewriter  expert  at  an  annual 
salary  of  one  thousand  three  hundred  twenty  dollars.  He  may  appoint 
one  engineer  at  an  annual  salary  of  one  thousand  eight  hundred  dollars; 
one  fireman  at  an  annual  salary  of  one  thousand  two  hundred  sixty  dol- 
lars; one  electrician  at  an  annual  salary  of  one  thousand  eight  hundred 
dollars;  provided,  however,  that  the  superintendent  is  hereby  empowered 
to  employ  an  additional  electrician  for  emergency  purposes.  The  super- 
intendent may  also  appoint  two  elevator  attendants  at  an  annual  salary 
of  one   thousand   one  hundred  forty   dollars   each;    three   telephone   ex- 


§§  759-995  POLITICAL  code.  180 

change  operators  at  an  annual  salary  of  nine  hundred  dollars  each.  He 
may  appoint  to  serve  from  January  first  until  May  first  in  each  legisla- 
tive year  one  engineer  at  a  monthly  salary  of  one  hundred  fifty  dollars; 
one  fireman  at  a  monthly  salary  of  one  hundred  five  dollars;  one  elec- 
trician at  a  monthly  salary  of  one  hundred  fifty  dollars;  two  elevator 
attendants  at  a  monthly  salary  of  ninety-five  dollars  each;  one  tele- 
phone exchange  operator  at  a  monthly  salary  of  seventy-five  dollars;  ten 
porters  at  a  monthly  salary  of  ninety  dollars  each.  He  may  also  ap- 
point one  telephone  exchange  operator  at  a  monthly  salary  of  seventy- 
five  dollars,  to  serve  six  weeks  each  year  while  the  legislature  is  not  in 
session.  The  salaries  of  all  such  appointees  shall  be  paid  at  the  same 
time  and  in  the  same  manner  as  other  state  officers.  [Amendment  ap- 
proved May  24,  1917;  Stats.  1917,  p.  925.] 

§  759.  Phonographic  reporters  in  district  courts  of  appeal.  Each  of 
the  three  district  courts  of  appeal  may  employ  and  appoint  a  phono- 
graphic reporter,  who  shall  be  competent  to  write  in  shorthand  at  the 
rate  of  at  least  one  hundred  and  fifty  words  per  minute  and  to  tran- 
scribe the  same  correctly.  His  duties  shall  be  to  take  down  in  shorthand 
the  proceedings  of  the  court,  and  to  act  as  secretary  to  the  judges  in  the 
discharge  of  their  official  duties.  His  compensation  shall  be  at  the  rate 
of  three  thousand  dollars  per  annum.  [Amendment  approved  May  21, 
1917;   Stats.  1917,  p.   784.] 

§  791.  Notaries  public  in  counties  of  second  class.  The  governor 
may  appoint  and  commission  such  number  of  notaries  public  for  the 
several  counties,  and  cities  and  counties  of  this  state,  as  he  shall  deem 
necessary  for  the  public  conveniences,  except  that  in  counties  of  the 
second  class  the  number  shall  not  exceed  one  hundred  thirty.  [Amend- 
ment approved  April  11,  1917;   Stats.  1917,  p.  92.] 

§  995.  Resignations  of  officers.  Eesignations  must  be  in  writing, 
and  made  as  follows: 

1.  By  the  governor  and  lieutenant-governor  to  the  legislature,  if  it  is 
in  session;   and  if  not,  then  to  the  secretary  of  state; 

2.  By  all  officers  commissioned  by  the  governor,  to  the  governor; 

3.  By  senators  and  members  of  the  assembly,  to  the  presiding  officers 
of  their  respective  houses,  who  must  immediately  transmit  the  same 
to  the  governor; 

4.  By  all  coiinly  inid  lownsliip  olliccrs  not  commissioned  by  the  gov- 
ernor, to  llic  clerk  of  the  bo.'inl  of  supervisors  of  their  respective 
counties; 

5.  By  all  other  ajipoiiitcd  oOicers,  to  the  body  or  officer  that  appointed 
them; 

6.  By  members  of  the  l)oard  of  trustees,  and  other  officers  of  a 
municipal  corporation,  to  the  clerk  of  the  board  of  trustees  of  their 
respective  corporation. 

7.  In  all  cases  not  otherwise  provided  for,  by  filing  the  resignation  in 
the  office  of  the  secretary  of  state.  [Amendment  approved  April  5, 
1917;    Stats.    1917,   p.   :!S.] 


181  POLITICAL    CODE.  §  1094 

§  1094.  Kegistration  every  two  years.  Tiansfers.  Elections  held 
between  January  1  and  April  1  of  even-numbered  years.  Affidavits  of 
registration  deemed  canceled.  Registration  outside  of  main  office.  List 
of  lodgers.  Challenge  of  voters  not  on  certified  list  of  lodgers.  There 
shall  be,  couimeneing  January  1,  1918,  and  every  two  years  thereafter, 
except  as  hereinafter  proviclecl,  in  each  county  and  city  and  county  of 
the  state,  a  new  and  complete  registration  of  the  voters  of  such  county 
or  city  and  county,  who  are  entitled  thereto.  Such  registration  shall  be 
in  progress  at  all  times  except  during  the  thirty  days  immediately 
preceding  any  election,  when  it  shall  cease  for  such  election  as  to 
electors  residing  in  the  territory  within  which  such  election  is  to  be 
held;  and  transfers  of  registration  for  such  election  may  be  made  from 
one  precinct  to  another  precinct  in  the  same  county  or  city  and  county 
at  any  time  when  such  registration  shall  be  in  progress  in  the  precinct 
to  wliich  the  elector  seeks  to  transfer;  provided,  that  where  any  general 
or  special  municipal  election,  or  any  other  special  election,  including 
any  primary  election  and  all  special  elections  to  vote  for  officers,  or 
upon  or  for  or  against  any  proposition  or  question  authorized  to  be 
submitted  to  a  vote,  is  held  on  or  after  the  first  day  of  January  and 
before  the  first  daj'  of  April  of  any  even-numbered  year,  the  original 
atfidavits  of  registration  and  indexes  used  in  the  last  general  state 
election  in  any  county  or  city  and  county  in  this  state,  together  with 
the  original  atfidavits  of  registration  since  the  last  election,  and  supple- 
mental indexes,  showing  all  additional  registrations,  changes  and  cor- 
rections made  since  the  registration  for  the  last  general  election,  com- 
pleted to  and  including  the  thirty-first  day  prior  to  said  election  then 
being  held,  may  be  used  at  such  election  to  determine  the  persons  en- 
titled to  vote  thereat.  All  affidavits  of  registration  made  prior  to  the 
first  day  of  January  of  any  even-numbered  year  shall  be  deemed  can- 
celed upon  said  day  except  for  the  sole  purpose  of  being  used  as  herein- 
before stated  at  elections  held  thereafter  and  before  the  first  day  of 
April  of  that  year,  and  shall  on  said  last-mentioned  day  be  deemed 
canceled  for  all  purposes.  The  board  having  charge  and  control  of 
elections  in  each  county  or  city  and  county,  may  provide  by  resolution, 
for  the  registration  of  voters  in  their  respective  precincts,  by  the  officer 
charged  with  the  registration  of  voters,  and  may  also  provide  by  resolu- 
tion for  the  registration  of  voters  at  specified  times  and  places,  other 
than  the  pffice  of  the  county  clerk  or  registrar  of  voters,  deemed  most 
convenient  to  large  numbers  of  voters,  without  reference  to  respective 
or  particular  precincts,  in  such  a  manner  that  the  affidavits  of  regis- 
tration as  provided  by  law  may  be  taken  at  such  time  and  place,  of 
any  voter  within  the  county  who  is  entitled  to  register  therein;  pro- 
vided, however,  that  in  any  city  and  county  no  registration  outside  of 
the  main  office  of  the  officer  charged  with  the  registration  of  voters  shall 
be  had  except  that  which  is  without  reference  to  particular  precincts 
as  last  specified  herein;  and  provided,  also,  that  any  registration  which 
may  be  made  at  the  main  office  for  registration  in  any  such  city  and 
county  may  be  made  and  taken  in  any  place  in  said  city  and  county  in 
such  manner  as  may  be  provided  by  rules  and  regulations  made  by 
the  board  having  control  of  registration  in  any  such  city  and  county. 
t}pou  the  written  recpiest  of  the  officer  chai-ged  with  the  registration  of 


§  1096  POLITICAL    CODE.  182 

voters,  which  request  said  ofiBcer  shall  make  upon  petition  from  any  ten 
electors  of  the  county,  such  petition  to  specify  the  premises  from  which 
lists  are  desired,  every  landlord  or  keeper  of  premises  where  lodgers 
abide,  shall  furnish  said  officer  a  list  of  all  lodgers  occupying  rooms, 
or  sleeping  apartments,  or  beds  in  the  premises  under  his  or  her  or  its 
control.  Such  lists  shall  be  furnished  upon  blanks  provided  by  said 
officer.  Any  landlord  or  keeper  of  premises  where  lodgers  abide,  who 
neglects  or  refuses  to  comply  promptly  with  the  provisions  of  this  sec- 
tion or  who  furnishes  a  false  list  of  such  lodgers,  shall  be  guilty  of  a 
misdemeanor.  All  lists  so  returned  shall  be  kept  on  file  in  the  office 
of  the  officer  receiving  same,  open  to  public  inspection.  It  shall  be 
the  duty  of  said  officer  to  compile  a  list  of  such  persons,  if  there  are 
any,  who  are  registered  as  residing  in  any  of  these  premises  and  whose 
names  are  not  returned  in  the  lists  furnished  by  the  landlord  or  keeper 
thereof.  At  least  three  days  before  the  date  of  the  next  succeeding 
election,  in  any  precinct  where  such  premises  are  located,  said  officer 
shall  send  by  registered  mail  to  the  inspector  of  election  in  said  precinct 
a  certified  copy  of  the  list  he  has  thus  prepared,  with  instructions  to 
challenge  the  vote  of  each  and  all  such  persons  if  offered  at  the  election, 
under  subdivision  five  of  section  one  thousand  two  hundred  thirty  of 
the  Political  Code.  Whenever  in  the  laws  of  this  state  the  word 
"register"  or  "great  register"  is  used  with  relation  to  elections,  it  shall 
be  deemed  to  mean  and  include  the  relative  and  proper  affidavits  of 
registration,  or  both  thereof,  prepared  and  bound  by  the  county  clerk 
or  registrar  of  voters.  [Amendment  approved  May  21,  1917;  Stats. 
1917,  p.  798.] 

§  1096.     Qualifications  for  registration.     Additional  facts  to  be  shown. 

The  afPaut  making  the  affidavit  of  registration  must  be  at  least  twenty- 
one  years  of  age  at  the  time  of  the  next  succeeding  election;  a  citizen 
of  the  United  States  ninety  days  prior  to  such  election;  a  resident  of  the 
state  one  year,  of  the  county  ninety  days,  and  of  the  precinct  thirty  days 
next  preceding  such  election  and  the  affidavit  must  show  such  facts. 
It  shall  also  show: 

1.  The  name  at  length,  including  Christian  or  given  name,  and  middle 
name,  or  initial,  if  any,  said  Christian  or  given  name,  if  the  name  of  a 
woman,  to  be  preceded  in  all  cases  by  the  designation  of  Miss  or  Mrs., 
as  the  case  may  be. 

2.  The  place  of  residence  and  postoffice  address  with  sufficient  par- 
ticularity to  identify  the  same  and  determine  therefrom  the  voting  pre- 
cinct of  such  affiant.  If  the  elector  be  not  the  proprietor  or  head  of  the 
house,  or  the  wife  or  husband  of  such  proprietor,  then  it  must  show 
upon  what  floor  thereof,  and  what  room  such  elector  occupies  in  such 
house. 

3.  The  occupation  of  affiant. 

4.  The  heiglit  of  affiant  in  feet  and  inches. 

5.  The  country  or  state  of  nativity  of  affiant. 

6.  If  foreign  born,  how  citizenship  was  acquired;  whether  by  citizen- 
ship of  fatlier,  by  provisions  of  a  treaty  or  act  of  congress,  by  order  of 
a  court  of  naturalization,  by  marriage  to  a  citizen,  by  naturalization  of 
a   parent  or   husband,  or   otherwise.     The   date   or  year  when,   and   the 


183  POLITICAL  CODE.  §  1096a 

place  or  state  where  affiant  became  a  citizen,  shall  be  shown,  except  in 
the  case  of  citizenship  acquired  by  citizenship  or  naturalization  of  par- 
ents, by  treaty,  or  by  act  of  congress.  When  citizenship  depends  upon 
the  citizenship  or  naturalization  of  parent  or  husband  the  name  of  such 
parent  or  husband  shall  appear. 

7.  The  fact  whether  or  not  the  elector  desiring  to  be  registered  is 
able  to  read  the  constitution  in  the  English  language  and  to  write  his  or 
her  name,  and  whether  or  not  the  elector  has  any  physical  disability, 
by  reason  of  which  he  or  she  can  not  mark  the  ballot;  and  if  he  or  she 
can  not  mark  the  ballot  by  reason  of  physical  disability,  then  the  nature 
of  such  disability  must  be  entered.  The  affiant,  if  able  to  write,  shall 
sign  such  affidavit  with  his  or  her  customary  signature  and  the  county 
clerk  or  registrar  before  whom  such  affidavit  is  made  shall  insert  therein 
the  date  of  such  affidavit,  which  shall  be  the  date  of  the  jurat.  The 
affiant  may  state  in  such  affidavit  the  name  of  any  political  party  or 
organization  with  which  he  intends  to  affiliate  at  the  ensuing  primary 
election,  whether  or  not  such  party  or  organization  is  a  party  or  organiza- 
tion qualified,  at  the  time  of  such  registration,  to  participate  in  such 
primary  election  according  to  the  provisions  of  the  direct  primary  law. 
[Amendment  approved   May   29,   1917;   Stats.   1917,  p.   1334.] 

§  1096a.  Declaration  of  political  party.  Change  of  political  atfiliation. 
Affidavit.  At  the  time  of  registering  and  of  transferring  registration,  in 
all  places  where  the  primary  election  law  is  in  force,  each  elector  shall 
declare  the  name  of  the  political  party  with  which  be  intends  to  affiliate 
at  the  ensuing  primaiy  election  or  elections,  and  the  name  of  such 
political  party  shall  be  stated  in  the  affidavit  of  registration  and  the 
index  thereto.  If  the  elector  declines  to  state  the  fact,  the  fact  of  such 
declination  shall  likewise  be  stated  and  no  person  shall  be  entitled  to 
vote  the  ticket  of  any  political  party  at  any  primary  election,  by  virtue 
of  such  registration,  unless  he  has  stated  the  name  of  the  political  party 
with  which  he  intends  to  affiliate  at  the  time  of  such  registration.  Nor 
shall  he  be  permitted  to  vote  on  behalf  of  any  party  or  for  delegates 
to  the  convention  of  any  party  other  than  the  party  so  designated  in  the 
registration. 

In  case  any  elector  shall  have  declined  to  designate  or  shall  have 
changed  his  political  affiliation  prior  to  the  close  of  registration  for  pri- 
mary elections  he  is  entitled  to  have  such  change  recorded  prior  to  the 
close  of  said  registration  upon  application  to  the  county  clerk  or  regis- 
^trar  of  voters  as  hereinafter  provided.  In  case  any  elector  shall  have 
declined  to  designate  or  shall  have  changed  his  political  affiliations  prior 
to  the  close  of  registration,  he  may  appear  in  person  before  the  county 
clerk  or  registrar  of  vo^:ers,  or  any  registration  deputy  of  said  county 
clerk  or  registrar  of  voters,  and  make  affidavit  substantially  in  the  fol- 
lowing form: 

State  of  California,  ) 

County  of J 

being  duly  sworn,  deposes  and  says  that  he  is  registered  on  the 

great  register  of  the  said  county  of  as  a  (insert  former  party 

affiliation,   or  that   he   had   declined   to   designate   his   party   affiliation); 


§  1097  POLITICxVL   CODE.  184 

that  since  the  date  of  such  registration  he  has  changed  his  political 
views  and  in  good  faith  declares  his  affiliation  with  party. 

Subscribed  and  sworn  to  before  me,  this day  of  ,  19 — . 

The  county  clerk  or  registrar  of  voters  shall  take  such  afiidavit  with- 
out charge  and  shall  file  the  same.  [Xew  section  added  May  29,  1917; 
Stats.  1917,  p.  1335.] 

§  1097.     Affidavit  of  registration.     If  elector  is  absent  from  residence. 

Subdivision  1.  No  person  shall  be  registered  as  an  elector  except  by 
affidavit  of  registration.  Such  affidavit  must  be  made  before  the  county 
clerk  or  officer  charged  with  the  registration  of  voters,  or  their  deputy 
or  registration  clerk  and  shall  set  forth  all  the  facts  required  to  be 
shown  in  sections  one  thousand  ninety-six  and  one  thousand  ninety-seven 
of  the  Political  Code.  If  an  elector  is  absent  from  the  county  in  which 
he  or  she  claims  residence,  he  or  she  may  appear  before  any  judge  or 
clerk  of  any  court  of  record,  or  notary  public,  or  if  in  a  foreign  country, 
before  any  minister,  consul,  or  vice-consul  of  the  United  States,  and 
niaj'  make  and  subscribe  an  affidavit  as  to  his  or  her  residence,  specify- 
ing in  what  ward  or  precinct  he  or  she  claims  residence;  that  he  or  she 
will  be  necessarily  and  unavoidably  absent  from  said  county,  or  city 
and  county,  on  all  the  days  allowed  by  law  for  general  registration  of 
electors,  and  setting  forth  in  such  affidavit  each  and  all  the  matters 
required  by  sections  one  thousand  ninety-six  and  one  thousand  ninety- 
seven  of  the  Political  Code  of  the  state  of  California,  and  forward  such 
affidavit,  in  duplicate,  duly  authenticated  as  above,  by  mail,  inclosed  in 
an  envelope  addressed  to  the  county  clerk  of  any  county,  or  the  registrar 
of  voters  in  any  county  or  city  and  county  in  which  he  or  she  claims 
to  be  an  elector.  Upon  receipt  of  such  affidavit  by  such  clerk  or.  regis- 
trar of  voters  within  the  time  allowed  by  law  for  registration,  the  said 
affidavit  shall  be  entered  and  bound  by  the  clerk  in  the  proper  register 
in  such  precinct. 

Subd.  2.  Conditions  of  registering  foreign  born.  No  foreign-born  per- 
son shall  be  registered  unless: 

(a)  If  a  naturalized  citizen  upon  the  production  of  his  or  her  cer- 
tificate of  naturalization  or  upon  the  production  of  a  certificate  of 
registration  in  the  county  of  his  or  her  last  residence  in  the  state,  show- 
ing the  date  and  place  of  naturalization,  or  upon  his  or  her  affidavit 
stating  date  and  place  of  naturalization;  provided,  that  any  person 
registering  for  the  first  time  in  the  state  must  produce  his  or  her  cer- 
tificate of  naturalization. 

(b)  If  a  citizen  by  virtue  of  his  or  licr  fatiior  being  a  citizen  at  the 
lime  of  his  or  her  birth,  upon  his  or  her  sworn  statement  that  his  or  her 
father  was  a  citizen  of  the  United  States  at  the  time  of  his  or  her  birth 
■•iinl  lias  been  a  resident  thereof.  Such  statement  need  not  be  noted  in 
full  upon  the  affidavit  of  registrat  iim,  luif  the  words  "I  acquired  citizen- 
sliip  by  the  citizenslii[)  of   my   father   (iianiiiig  him)"   shall   l)e  sufficient. 

(c)  If  a  citizen  liy  \irtiic  of  the  naturalization  of  his  or  her  i)arent, 
ii|ioii  his  oi-  hci-  alliilaxit  that  lie  or  she  becanu!  a  citizen  by  such  natural- 
ization of  his  oi-  her  iKircnt,  naming  such  parent,  that  such  naturalization 
took  jilacc  liming  his  or  her  minority  and  that  he  or  she  began  to  reside 
permanently    in   the    United   States  while  such   minor  child.     Such  state- 


185  POLITICAL    CODE.  §  1097 

meut  need  not  be  noted  in  full  upon  the  aflidaA'it,  but  tlie  words  "I  ac- 
quired citizenship  by  my  father's,  or  mother's,  naturalization,"  as  the 
case  may  be,  naming  him  or  her,  shall  be  sufficient. 

(d)  If  a  citizen  by  virtue  of  marriage  to  a  citizen,  (lie  date  and  place 
of  such  marriage  shall  be  entered  upon  tlie  affidavit  of  registration 
together  with  the  name  of  the  husband. 

(e)  If  a  citizen  by  virtue  of  the  naturalization  of  her  husband  the 
date  or  year  and  place  of  such  )iaturalization  together  with  the  name  of 
the  husband  shall  be  entered. 

Wubd.  ;i.  Affidavit  must  show  all  facts  required.  Substitutions  per- 
mitted. Manner  of  printing.  Width.  Type.  Form.  In  every  case  the 
affidavit  of  the  party  must  show  all  the  facts  required  to  be  stated.  The 
clerk  or  registrar  of  voters  may  cause  to  be  written  or  printed  upon  the 
margin  of  the  affidavit,  in  addition  to  any  matter  hereinafter  provided 
for,  all  such  words  as  are  deemed  necessary  or  convenient  for  the  pur- 
pose of  designating  the  precinct,  district  or  political  subdivision  for 
which  such  affidavit  is  taken,  or  deemed  necessary  or  convenient  to  indi- 
cate any  removal  or  transfer  of  •  registration,  and  also  any  date  or 
memorandum  deemed  necessary  or  convenient  to  indicate  the  number  of 
the  ballot  voted  by  an  elector  as  provided  by  section  one  thousand  two 
hundred  four  of  the  Political  Code,  or  any  other  reasonable  memoranda 
deemed  necessary  or  convenient  for  the  purpose  of  enabling  sucli  clerk 
or  registrar  of  voters  to  perform  his  duties  in  the  assorting  or  classifica- 
tion or  handling  of  such  affidavits  with  correctness  and  dispatch.  Where- 
ever  in  the  following  form  of  affidavit  the  word  "county"  is  inserted, 
if  the  affidavit  is  for  use  in  a  city  and  county,  such  last  mentioned  words 
nijly  be  printed  or  written  in  lieu  of  said  word  "county."  In  connec- 
tion with  the  place  of  residence  the  affidavit  may  have  printed  either 
the  word  "precinct"  or  the  w^ord  "street"  or  the  word  "avenue,"  or  any 
or  all  of  such  words  as  the  clerk  or  registrar  of  voters  shall  deem  most 
convenient  in  practical  use  for  the  territory  in  which  such  affidavits  are 
to  be  used.  In  designating  the  residence  of  the  voter  or  the  postoffice 
address  it  shall  not  be  necessary  in  either  case  to  repeat  the  county  or 
city  and  county  or  state  where  the  name  of  said  county  or  city  and 
county  or  state  previously  appear.  In  connection  wdth  the  statement 
regarding  the  citizenship  of  affiant,  the  affidavit  may  have  printed  in 
brackets  statements  of  the  various  methods  of  acquiring  citizenship, 
and  it  shall  be  sufficient  to  underline,  or  otherwise  mark,  with  pen  and 
ink,  or  indelible  pencil,  that  statement  applicable  to  the  particular  affiant. 
The  words  printed  in  the  body  of  the  affidavit,  which  by  reason  of  state- 
ment of  the  voter  are  not  applicable  to  such  registration,  shall  not  be 
deemed  a  portion  of  such  affidavit  of  registration.  The  lines  to  indicate 
the  separation  between  the  margin  of  the  affidavit  of  registration  and 
the  said  margin  shall  be  at  the  top  and  on  the  right  side  of  such  affidavit, 
and  may  be  double  or  single  lines  in  the  discretion  of  the  clerk  or  regis- 
trar of  voters  of  the  county  or  city  and  county  or  territory  for  which 
the  affidavit  is  to  be  used.  The  affidavit  shall  be  printed  in  horizontal 
lines.  Wherever  any  blank  space  is  left  in  any  line  for  the  entrj'  of 
any  matter  the  lines  shall  not  be  less  than  one-third  of  an  inch  apart 
vertically.  Commencing  with  the  first  statement  of  the  affidavit  proper 
each  statement  shall  be  numbered  immediately  at  the  left  of  such  state- 


§  1097  POLITICAL    CODE.  186 

ment  in  a  numerical  sequence,  the  first  statement  commencing  with  num- 
ber one,  and  so  on  to  the  end,  but  the  jurat  and  space  for  the  signature 
of  the  voter  need  not  be  numbered.  The  horizontal  width  of  the  affi- 
davit, separate  from  any  and  all  margin,  shall  not  be  less  than  seven 
inches,  and  the  margin  upon  all  sides  and  at  top  and  bottom  shall  be 
of  such  width  as  may  be  determined  by  the  clerk  or  the  registrar  of 
voters.  The  words  "affidavit  of  registration"  shall  be  not  less  than 
twenty-four  point  black-face  type.  Pen  and  ink  or  indelible  pencil  must 
be  used  in  making  the  portions  of  the  affidavit  which  are  not  printed. 
The  matter  in  the  body  of  the  affidavit,  where  the  size  of  type  is  not 
otherwise  specified,  shall  be  not  less  than  ten-point  plain-face  type,  save 
that  words  inserted  in  parentheses,  which  are  for  the  information  or 
instruction  of  the  deputies  or  registration  clerks,  may  be  in  smaller  type 
at  the  discretion  of  the  county  clerk  or  registrar  of  voters.  Subject  to 
the  foregoing  provisions  the  body  of  said  affidavit  shall  be  substantially 
in  the  following  form: 


187 


POLITICAL  CODE. 


§1097 


STATEMCNT  OF  TRANSFER  OR  CHANGE  OF  NAME. 

1    am    registered  under   the    name  of ... .- 

froni    Ibe  JoUowlnB    precinct    or    addresh 

1. In  thlB  county; 

)r  In county,  and  I  hereby  authorize  the  cancellation 

my   last  preiloua   regLstratlon   In  said - county). 


NAME    OR    NUfXBER    OF    PRECINCT. 


State  op  California 
(  )    County  op    ( 


)  ) 


Aff IDAVIT  Of  REGISTRATION. 


Tile  uiulf  rsigtied  affiant,  being  duly  sworn,  says :  1  will  he  at  least  twenty-one  years  of  agu  at  the  time  of 
the  next  succeeding  election,  a  citizen  of  the  United  States  ninety  days  prior  thereto,  and  a  resident  of  the  State 
one  year,  of  the  County  ninety  days,  and  of  the  Precinct  thirty  days  next  preceding  such  election,  and 
will  be  an  elector  of  this  County  at  the  next  succeeding  election. 

1.  I  have  not  (have)  registered  from  any  other  precinct  in  the  state  since  January  1,  1916.* 

(Mark  out  words  "have  not"  or  "have"  as  the  case  may  be,  and  if  applicant  has  so  previously  rcKistered,  or  has  previously  regis- 
tered under  another  name,  fill  out  the  appropriate  blanks  at  the  top  of  the  affidavit,  under  "statement  of  transfer  or  change  of  name.") 

2.  My  full  name  is 

(Including  christian  or  given  name,  and  middle  name  or  initial,  and  in  the  case  of  women,  the  prefix  Miss  or  Mrs.) 

3.  My  residence  is 

between and   

Post  office  address  at 

My  occupation  is , 

My  height  is feet 

I  was  bom  in , ^ 


-Streets ., Floor,    Room- 


inches 


(State  or  Country.) 
I  acquired  citizenship  by    I   «■     Decree   of  Court.  d.     Marriage  to  a  citizen. 


Father's   naturalization. 
Citizenship  of  father 


p.     Naturalization  of  my  husband, 
f.     Act  of  Congress.  g.     By  tr< 


(when) (where) 

^^y  husblTnd's   n^iniy  is  (was) . 


(To  be  filled  out  when  citizenship  depends  oh  citizenship  or  naturalization  of  parent  or  husband.) 


8.  I  can read  the  Constitution  in  the  English  language;  I  can write  my  name;  I  am  entitled  to 

vote  by  reason  of  having  been  on  N-ovembef  6,  1894  jb!    More  Yhan  sixty  years  of  age. 

I  can ....   mark  my  ballot  by  reason  of 

(State  physical  disability,  if  any.) 

9.  I  intend  to  affiliate  at  the  ensuing  primary  election  with  the Party. 

(If  affiliation  is  not  given,  write  or  stamp  "Declines  to  State.") 

Subscribed  and  sworn  to  before  me  this 
day  of 1916 


(Affiant  sign  here.) 


County  Clerk  (or  Reglstr 
*0r  tbe  year   nhon   reslstrattoD  commenced. 


§§  1115-1188  POLITICAL   CODE,  188 

Subd.  4.  Change  of  name  by  marriage.  Whenever  any  elector,  be- 
tween the  time  of  her  last  registration  and  the  time  for  the  closing  of 
registration  for  any  given  election  in  the  same  county  or  city  and 
count}',  shall  have  lawfully  changed  her  surname  by  a  change  or  assump- 
tion of  marit^  relation  she  shall  be  entitled  to  reregister  under  her 
new  or  changed  name,  upon  an  additional  statement  made  at  the  time 
of  such  reregistration,  giving  the  name  under  which  she  was  so  last 
registered  in  said  county  or  city  and  county,  and  the  residence  given 
and  contained  in  said  last  affidavit  of  registration,  which  additional 
statement  shall  be  printed  or  written  upon  the  margin  of  such  affidavit 
of  reregistration  before  the  said  affidavit  is  signed,  and  shall  be  deemed 
a  part  thereof.  Upon  such  registration  the  last  previous  registration  of 
such  elector  shall  be  canceled.  And  in  case  any  elector  shall  reregister 
or  transfer  his  or  her  registration  from  one  precinct  to  another  the 
former  address  or  precinct  shall  be  noted  in  the  margin  of  such  affidavit, 
and  the  former  registration  shall  thereupon  be  canceled. 

Subd.  5.  Registration  otherwise  than  above.  No  person  shall  be  reg- 
istered except  as  above  provided  unless  upon  the  production  and  filing  of  a 
certified  copy  of  the  judgment  of  the  superior  court  directing  such  entry 
to  be  made.     [Amendment  approved  May  29,  1917;  Stats.  1917,  p.  1338.] 

§  1115.  Index  to  registration  books.  Number  of  copies.  Index  fur- 
nished to  candidates.  Indexes  for  primaries.  State  librarian.  Within 
five  days  after  the  binding  of  said  books  by  precincts  the  clerk  shall 
prepare  an  index  of  each  book,  said  index  to  contain  the  numbers,  names, 
occupations  and  addresses,  as  they  appear  in  said  books.  Such  names 
shall  include  Christian  or  given  names,  the  middle  name  or  initial,  if 
any;  and,  if  the  name  be  that  of  a  woman,  the  Christian  name  shall  be 
preceded  by  the  designation  of  "Miss"  or  "Mrs."  as  the  case  may  be. 
The  clerk  shall  have  at  least  one  hundred  copies  of  said  index  printed 
for  the  use  of  said  county,-  and  he  shall  have  printed  and  shall  furnish 
to  the  municipalities  within  said  county,  such  additional  number  of  copies 
tliereof,  not  exceeding  fifty,  as  the  governing  body  of  such  municipalities 
shall  by  resolution  require.  The  county  clerk  shall  furnish  uj^on  written 
or  oral  demand  of  every  candidate,  who  is  to  be  voted  for  in  said  county, 
city,  or  city  and  county  or  any  political  subdivision  of  said  county,  city, 
or  city  and  county,  a  printed  index  of  the  registration,  for  such  primary 
and  general  elections  in  which  said  candidate  will  participate,  at  a  cost 
of  fifty  cents  per  thousand  names.  All  such  moneys  collected  shall  be 
deposited  in  the  county  treasury,  to  the  credit  of  the  general  fund.  The 
iiuinb(!r  of  copies  of  said  index  necessary  to  be  printed  shall  apply  only  to 
the  index  prepared  for  use  at  general  elections.  In  counties  where  in- 
dexes are  prepared  for  ])rimary  elections,  a  smaller  number  of  sucii 
indexes  may  1)0  printed.  Tiie  clerk  shall  liave  bound  logelher  in  one  or 
more  volumes,  a  general  index  of  said  books  arranged  al})liabetically  by 
precincts,  and  shall  keep  at  least  one  copy  of  said  general  index  in  his 
oHice  for  public  reference.  lie  shall  also  transmit  one  copy  of  said 
;;cnoral  index  1o  Die  stale  libraiiini  at  Sncr.'nnento.  |  A  inendinoiit  ap- 
proved   Mny    1  I,    r.tl7;    St;its.    I!ii7,    |i.    i:'.il.  | 

§1188.  Nomination  of  candidates  otherwise  than  by  primary  elec- 
tion.     A    i-;inirHl!it<'    rnr    ;iny    |iulilir    odice    f(ir    which    )io    nonpartisan    can- 


189  POLITICAL    CODE.  §  1192 

diclate  has  been  nominated  at  any  primary  election  may  be  nominated 
subsequent  to  said  primary  election,  or  in  lieu  of  any  primary  election, 
in  the  manner  following:  A  non^ination  paper  containing  the  name  of 
the  candidate  to  be  nominated,  with  other  information  required  to  be 
given  in  the  nomination  papers  provided  for  in  the  direct  primary  law 
then  governing  primary  elections,  shall  be  signed  by  electors  residing 
within  the  district  or  political  subdivision  for  which  the  candidate  is 
to  be  presented,  equal  in  number  to  at  least  one  per  cent  of  the  entire 
vote  icast  at  the  last  preceding  general  election  in  the  state,  district 
or  political  subdivision  for  which  the  nomination  is  to  be  made  sub- 
ject to  the  restrictions  contained  in  said  direct  primary  law.  The 
provisions  of  said  direct  primary  law  as  therein  applied  to  nonpar- 
tisan offices,  when  the  nomination  to  be  made  under  this  section  is  for 
an  office  for  which  nominations  are  made  at  the  August  primary  elec- 
tion, and  the  provisions  of  that  law  as  therein  applied  to  primaries 
other  than  the  August  primary  election  and  the  May  presidential  primary 
election,  when  the  nomination  tO'  be  made  under  this  section  is  for  a  mu- 
nicipal office  or  for  any  office  to  which  that  law  does  not  apply,  shall 
substantially  govern  as  to  the  manner  of  the  appointment  of  verifica- 
tion deputies,  the  form  of  nomination  papers  and  the  securing  of  sig- 
natures thereto,  and  fastening  together  of  sections  of  the  nomination 
paper  containing  such  signatures,  and  the  filing  thereof  with  the 
county  clerk,  or  the  certification  thereto  by  the  county  clerk  and  trans- 
mission thereof  to  the  secretary  of  state  or  to  the  city  clerk  or  sec- 
retary of  the  legislative  body  of  any  municipality,  as  the  case  may  be, 
the  filing  of  the  candidate's  affidavit,  the  payment  of  a  filing  fee,  and 
all  other  things  necessary  to  get  the  name  of  a  candidate  under  this 
section  upon  the  ballot,  except  that  such  provisions  shall  be  directed 
toward  getting  the  candidate's  name  on  the  ballot  for  a  general  or 
municipal  election  or  a  special  election  and  not  on  the  ballot  for  nom- 
ination at  a  primary  election.  In  addition  to  the  other  matter  required 
to  be  set  forth  on  the  candidate's  nomination  paper,  it  must  also  be 
set  forth  that  each  signer  thereof  did  not  vote  at  the  primary  election 
immediately  preceding  at  which  a  candidate  was  nominated  for  the 
public  office  mentioned  in  said  nomination  paper;  provided,  that  this 
statement  shall  be  omitted  in  case  no  candidate  was  nominated  at  said 
primary  election  for  the  public  office  mentioned  in  said  nomination 
paper. 

IIl>on  the  filing  of  a  sufficient  nomination  paper  and  affidavit  by  any 
candidate  nominated  under  the  provisions  of  this  section  and  the  pay- 
ment of  the  filing  fees  as  hereinbefore  provided,  the  name  of  such  can- 
didate shall  go  upon  the  ballot  at  the  ensuing  general  or  municipal 
election  according  to  the  provisions  of  section  one  thousand  one  hun- 
dred ninety-seven  of  this  code.  [Amendment  approved  May  29,  1917; 
Rtats.   1917,  p.   1336.] 

§  1192.  Time  for  filing  nomination  papers.  Nomination  papers  re- 
quired to  be  filed  with  the  secretary  of  state,  or  with  the  county  clerk, 
shall  be  filed  not  more  than  sixty  days,  nor  less  than  thirty-five  days 
before  the  day  of  election,  when  the  nomination  is  made  by  electors 
as   provided   in    section    one    thousnud    one    lunulred    eighty-eight    of   this 


§§  1239-1489  POLITICAL  code.  190 

code.  Nomination  papers  required  to  be  filed  with  the  clerk  or  sec- 
retary of  the  legislative  body  of  any  city  or  town,  shall  be  filed  not 
more  than  forty  days  nor  less  than  twenty  days  before  the  day  of  elec- 
tion, when  the  nomination  is  made  by  electors  as  provided  in  section 
one  thousand  one  hundred  eighty-eight  of  this  code.  [Amendment  ap- 
proved May  29.  1917;  Stats.  1917,  p.  1336.] 

§  1239.  Rules  for  determining  place  of  residence.  The  board  of  elec- 
tion, in  determining  the  place  of  residence  of  any  person,  must  be 
governed  by  the  following  rules,  as  far  they  are  applicable: 

1.  That  place  must  be  considered  and  held  to  be  the  residence  of  a 
person  in  which  his  habitation  is  fixed,  and  to  which,  whenever  he  is 
absent,  he  has   the  intention  of   returning; 

2.  A  person  must  not  be  held  to  have  gained  or  lost  residence  by 
reason  of  his  presence  or  absence  from  a  place  while  employed  in  the 
service  of  the  United  States,  or  of  this  state,  nor  while  engaged  in 
navigation,  nor  w^hile  a  student  of  any  institution  of  learning,  nor 
while   kept   in   an   almshouse,   asylum,   or   prison; 

3.  A  person  must  not  be  considered  to  have  lost  his  residence  who 
leaves  his  home  to  go  into  another  state,  or  precinct  in  this  state,  for 
temporary  purposes  merely,  with  the  intention  of  returning; 

4.  A  person  must  not  be  considered  to  have  gained  a  residence  in 
anj'  precinct  into  which  he  conies  for  temporary  purposes  merely,  with- 
out the  intention  of  making  such  precinct  his  home; 

5.  If  a  person  remove  to  another  state  with  the  intention  of  making 
it  his  residence,  he  loses  his  residence  in  this  state; 

6.  If  a  person  remove  to  another  state  with  the  intention  of  remain- 
ing there  for  an  indefinite  .time,  and  as  a  place  of  present  residence, 
he  loses  his  residence  in  this  state,  notwithstanding  he  entertains  an 
intention  of  returning  at  some  future  period; 

7.  The  place  where  a  man's  family  resides  must  be  held  to  be  his 
residence;  but  if  it  be  a  place  for  temporary  establishment  for  his 
family,  or  for  transient  objects,  it  is  otherwise; 

8.  If  a  man  have  a  family  fixed  in  one  place,  and  he  does  business 
in  another,  the  former  must  be  considered  his  place  of  residence;  pro- 
vided, that  any  man  having  a  family,  and  who  has  taken  up  his  abode 
with  the  intention  of  remaining,  and  whose  family  does  not  so  reside 
with  him,  must  be  regarded  as  a  resident  where  he  has  so  taken  up  his 
abode; 

9.  The  residence  of  the  husband  is  the  residence  of  the  wife  except 
in  the  case  mentioned  in  the  provision  in  subdivision  eight  hereof; 

10.  The  mere  intention  to  acquire  a  new  residence,  without  the  fact 
of  removal,  avails  nothing,  neither  does  the  fact  of  removal,  without 
the  intention.  [Amendment  approved  May  10,  1917;  Stats.  1917, 
p.  416.] 

§  1483.  Eights  of  students  under  diplomas  from  Hastings  College  of 
the  Law.      [Repealed  May  23,  1917;  Stats.  1917,  p.  880.] 

§  1489.  Powers  and  duties  of  normal  school  trustees.  The  powers 
and  duties  of  each  board  of  trustees  of  the  state  normal  schools  of 
California  are  as  follows: 


191  POLITICAL   CODE.  §  1489 

1.  To  prescribe  rules  for  their  govenimeut  and  the  government  of  the 
school; 

2.  To  prescribe  rules  for  the  reports  of  officers  and  teachers  of  the 
school  and  for  visiting  other  schools  and  institutions; 

3.  To  provide  for  the  purchase  of  school  apparatus,  furniture,  equip- 
ment, stationery,  and  text-books  for  the  use  of  students; 

4.  To  establish  at  their  discretion,  and  maintain  model  and  training 
schools  of  the  primary,  grammar  and  intermediate  grade,  including  the 
ninth  year  grade,  and,  in  their  discretion,  of  the  kindergarten  grade,  and 
to  require  the  students  of  the  normal  schools  to  teach  and  instruct  classes 
therein; 

5.  To  establish  at  their  discretion  courses  for  the  training  of  teachers 
of  drawing,  music,  physical  culture,  and  commercial,  technical,  or  in- 
dustrial subjects  in  the  elementary  and  secondary  schools  of  the  state 
and  upon  the  satisfactory  completion  of  these  courses  to  grant  diplo- 
mas of  graduation  therefrom; 

6.  To  elect  the  president  of  the  school,  who  shall  be  ex  officio  secretary 
of  the  board,  and  an  assistant  secretary  who  shall  receive  such  salary  as 
may  be  allowed  by  the  board;  and  to  elect  the  teachers,  upon  their,  nom- 
ination by  the  president  of  the  school,  fix  their  salaries,  and  prescribe 
their  duties;  provided,  that  after  the  president  or  a  teacher  has  served 
successfully  and  acceptably  in  the  school  for  the  period  of  two  years 
prior  to  or  after  the  passage  of  this  act,  his  or  her  appointment  there- 
after may,  at  the  discretion  of  the  board  of  trustees,  be  made  for  a 
term  not  to  exceed  four  years,  unless  removed  for  cause;  and  provided, 
further,  that  in  case  a  teacher  employed  in  a  California  state  normal 
school  is  engaged  to  instruct  in  normal  extension  work,  evening  work, 
special  Saturday  work,  or  summer  school  work,  he  may  receive  such 
additional  compensation  for  the  same  as  may  be  agreed  upon  by  the 
employing  board  of  trustees; 

7.  To  control  and  expend  all  moneys  appropriated  for  the  support 
and  maintenance  of  the  school,  and  all  moneys  received  for  tuition  or 
donations; 

8.  To  cause  a  record  of  all  their  proceedings  to  be  kept,  which  shall 
be  open  to  public  inspection  at  the  school; 

9.  To  keep  open  to  public  inspection  an  account  of  receipts  and  ex- 
penditures; 

10.  To  annually  report  to  the  state  superintendent  of  public  instruc- 
tion a  statement  of  their  transactions,  and  of  all  matters  pertaining 
to  the  school; 

11.  To  transmit  with  such  report  a  copy  of  the  president's  annual 
report; 

12.  To  revoke  any  diploma  by  them  granted,  on  receiving  satisfactory 
evidence  that  the  holder  thereof  is  addicted  to  drunkenness,  is  guilty 
of  gross  immorality,  or  is  reputedly  dishonest  in  his  dealings,  or  is 
guilty  of  persistent  defiance  of,  and  refusal  to  obey  the  laws  regu- 
lating the  duties  of  teachers;  provided,  that  such  person  shall  have 
at  least  thirty  days'  previous  notice  of  such  contemplated  action,  and 
shall,  if  he  asks  it,  be  heard  in  his  own  defense; 

13.  On  recommendation  of  the  faculty  and  president  of  the  school, 
to  exclude  students,  who,  because  of  poor  scholarship  or  other  evidences 


§§  1505-1519  POLITICAL    CODE.  192 

of  iiufitncss,  are  judged  incapable  of  becoming  successful  teachers  in 
the  public  schools  of  the  state; 

li.  To  establish  and  maintain  courses  of  study  only  in  accordance 
with  the  rules  and  regulations  prescribed  by  the  state  board  of  edu- 
cation as  provided  in  section  one  thousand  five  hundred  nineteen  of  tlie 
Political    Code; 

15.  To  detail  one  or  more  regular  teachers  of  the  normal  school  for 
normal  school  extension  service  in  the  rural  schools  of  the  state  and 
to  pay  the  salary  and  transportation  expenses  of  any  such  teacher; 
provided,  that  the  normal  school  extension  service  in  any  county  shall 
be  given  only  with  the  approval  of  the  county  superintendent  of 
schools.  Such  normal  school  extension  service  may  include  a  special 
study  of  rural  school  conditions  and  problems,  and  supervision  and 
instruction  of  classes  in  the  rural  schools.  [Amendment  approved  May 
3],  1917;   Stats.  1917,  p.   1651.] 

§  1505.  Supervision  by  superintendent  of  public  instruction.  [Re- 
pealed May   31,   1917;    Stats.    1917,   p.    1419.] 

§  1519.  Powers.  The  state  board  of  education  shall  have  power  and 
it  shall  be  its  duty: 

Adopt  rules.  Rules  for  normal  schools.  First — to  adopt  rules  and 
regulations  not  inconsistent  with  the  laws  of  this  state  for  its  own  gov- 
ernment, for  the  government  of  its  appointees  and  employees,  for  the  gov- 
ernment of  the  day  and  evening  elementary  schools,  the  day  and  evening 
secondary  schools,  the  technical  and  vocational  schools  of  the  state,  for 
the  government  of  the  several  normal  schools  of  the  state  as  hereinafter 
provided,  and  for  the  government  of  such  other  schools,  excepting 
the  University  of  California,  as  may  receive  in  whole  or  in  part  finan- 
cial support  from  the  state.  Such  rules  and  regulations  shall  be  pub- 
lished for  distribution  as  soon  as  practicable  after  adoption. 

At  the  joint  meeting  of  this  board  and  the  representatives  of  the 
normal  schools  of  the  state  provided  for  in  section  one  thousand  five 
hundred  eighteen  a  of  the  Political  Code,  matters  affecting  the  normal 
schools  may  be  presented  by  members  of  the  board,  by  the  superintend- 
ent of  public  instruction  and  the  commissioners  of  education,  and  by 
the  representatives  of  the  normal  schools,  and,  after  due  presentation 
and  consideration,  the  board  may  adopt  rules  and  regulations  for  the 
government  of  tlic   iioi'in;il   scliools  in   the   following  matters: 

(a)  Standardizing  course  of  instruction.  Tlic  standardizing,  as  far 
as  tilt!  lioaril  siiall  deem  it  wise  and  nciM^ssiiry.  of  the  courses  of  instruc- 
tion offered  in  the  several  normal  schools  for  the  preparation  of  teachers 
for   the   public   schools   of   the   state. 

(b)  Courses  for  special  teachers.  The  establishing  and  conducting  in 
any  or  all  of  tlie  normal  scliools  of  the  state  of  such  courses  of  instruc- 
tion as  shall  prepare  for  the  public  schools  of  the  state  special  teachers 
in  any  or  all  of  the  subjects  of  drawing,  music,  physical  education,  and 
fonimercial,  tf^chnical  oi"  industrial   liranches. 

(r)  List  of  text-books.  The  <(iin|)iling  and  pnlilishing  of  a  list  of 
text  hooks  for  use  by  the  students  of   the  several   normal  schools  of  the 


198  POLITICAL    CODE.  §  1519 

state;  provideci,  that  the  state  series  oi'  text-books  sliall  be  used  in  the 
grades  and  classes  for  which  they  are  adapted,  and  tliat  all  other 
regular  text-books  shall  be  selected  by  the  various  normal  school  au- 
thorities  from   said   list. 

(d)  Standards  of  admission.  The  p:es(  rilung  of  the  standards  of 
admission  for  students  entering  the  normal  sciiools,  and  the  rules  for 
transfer  of  pupils  from  one  normal  school  to  another;  provided,  that  a 
student  for  good  cause,  may,  upon  recommendation  of  the  presidejit  of 
the  school  from  which  he  seeks  to  be  transferred,  enter  any  other 
normal  school  and  without  examinations  be  admitted  to  classes  corre- 
sponding to  those  in  the  school  which  he  has  left. 

(e)  Graduation.  The  determination  of  the  time  aud  standards  for 
graduation   from  the   state  normal  schools. 

Assistant  superintendents  of  public  instruction.  Second — To  appoint 
three  assistant  superintendents  of  public  instruction,  who  shall  not  be 
subject  to  the  provisions  of  any  civil  service  law  of  the  state,  and  who 
shall  be  known  and  designated  as  follows: 

(a)  One  commissioner  of  elementary  schools,  who  shall  be  experienced 
in   teaching   in   and    supervising    elementary    schools. 

(b)  One  commissioner  of  secondary  schools,  who  shall  be  experienced 
in  teaching  and  who  has  been  principal  or  supervisor  of  secondary 
schools. 

(c)  One  commissioner  of  industrial  and  vocational  education  who  has 
had  experience  as  a  supervisor  of  industrial  or  vocational  education. 

Subpoenas  for  witnesses  before  board.  Third — to  issue  subpoenas  to 
compel  the  attendance  of  witnesses  before  the  board  or  any  membel' 
thereof,  in  the  same  manner  that  any  court  in  this  state  may;  and 
whenever  the  testimony  of  any  witness  upon  any  matter  ponding  before 
it  is  material,  the  president  must  cause  the  attendance  of  the  witness 
before  such  board,  or  a  member  thereof,  to  testify  concerning  such 
matter,  and  the  board  may  make  a  reasonable  allowance  therefor,  not 
exceeding  the  fees  of  witnesses  in  civil  cases,  which  must  be  paid  for 
out  of  the  appropriation  for  the  contingent  expenses  of  the  board,  but 
in  no  instance  can  an  allowance  be  made  in  favor  of  a  witness  who 
appears  in   behalf   of  .a   claimant. 

Seal,  Fourth — To  adopt  and  use,  in  authentication  of  their  acts, 
an   official  seal. 

Printing.  Fifth — To  have  done  by  the  state  printer,  or  other  officer 
having  the  management  of  the  state  printing,  any  printing  required  by 
it;  provided,  that  all  orders  for  printing  shall  first  be  approved  by  the 
state  board  of  control. 

General  duties.  Sixth — The  state  board  of  education  shall  study  the 
educational  conditions  and  needs  of  the  state;  shall  make  plans  for  the 
improvement  of  the  administration  and  efficiency  of  the  public  schools 
of  the  state;  shall  have  power  to  conduct  educational  investigations  and 
shall  employ  educational  and  business  experts,  within  the  limits  of  its 
appropriation  therefor;  shall  annually  require  reports  as  to  the  activi- 
ties of  the  superintendent  of  public  instruction  and  the  assistant  super- 
13 


§  1519a  POLITICAL  CODE.  194 

intendents,  and  such  other  employees  as  it  may  direct  to  report,  for 
submission  to  the  governor,  and  the  same  shall  submit  biennially  to  the 
governor,  on  or  before  the  fifteenth  day  of  September  next  preceding 
the  regular  session  of  the  legislature,  a  report  of  its  transactions  for  the 
preceding  two  years,  together  with  recommendations  of  its  needs  for 
the  coming  biennium,  and  such  recommendations  as  to  changes  in  laws 
or  new  educational  legislation  as  may  seem  to  it  to  be  necessary. 

Acting  secretary.  Seventh — To  appoint  an  acting  secretary,  who  shall 
also  act  as  executive  officer  of  the  board  in  the  absence  of  the  super- 
intendent of  public  instruction  from  his  oflfice  or  in  case  of  his  incapacity 
for  duty.      [Amendment  approved  May  18,  1917;  Stats.  1917,  p.  699.] 

§  1519a.  Powers  of  state  board.  The  state  board  of  education  shall 
have  power  and  it  shall  be  its  duty: 

Credentials  for  high  school  certificates.  First — To  prescribe  by  gen- 
eral rule  the  credentials  upon  which  persons  may  be  granted  certificates 
to  teach  in  the  high  schools  of  this  state.  No  credentials  shall  be 
prescribed  or  allowed,  unless  the  same,  in  the  judgment  of  said  board, 
are  the  equivalent  of  a  diploma  of  graduation  from  the  University  of 
California,  and  are  satisfactory  evidence  that  the  holder  thereof  has 
taken  an  amount  of  pedagogy  equivalent  to  the  minimum  amount  of 
pedagogy  prescribed  by  the  state  board  of  education  of  this  state,  and 
include  a  recommendation  for  a  high  school  certificate  from  the  faculty 
of  the  institution  in  which  the  pedagogical  work  shall  have  been  taken. 

Special  cases.  Second — To  consider  the  cases  of  individual  applicants 
who  have  taught  successfully  for  a  period  of  not  less  than  seventeen 
school  months,  and  who  are  not  possessed  of  the  credentials  prescribed 
by  the  board  under  the  provisions  of  this  section,  and  where  the  evi- 
dence submitted  by  the  applicant  does  not  satisfy  the  board  it  may,  in 
its  discretion,  provide  for  his  examination.  The  said  board,  in  its 
discretion,  may  issue  to  such  applicants  high  school  credentials  upon 
which  they  may  be  granted  certificates  to  teach  in  the  high  schools  of 
the  state.  In  such  special  cases,  the  board  may  take  cognizance  of 
any  adequate  evidence  of  preparation  which  the  applicants  may  pre- 
sent. The  standard  of  qualification  in  such  special  cases  shall  not  be 
lower  than  that  represented  by  the  other  credentials  named  by  the 
board   under  the   provisions   of  subdivision   first  of  this  section. 

Special  certificates  for  special  subjects.  Third — To  establish  and  pre- 
scribe by  general  regulations  the  qualifications  upon  which  county 
boards  of  education  may  grant  to  any  person  a  special  certificate  to 
teach  any  special  subject  or  subjects  in  such  grades  as  are  mentioned 
therein;  provided',  that  no  qualification  shall  be  prescribed  for  certifi- 
cation to  teach  in  any  grade  whatever  a  vocational  subject  unless  the 
candidate  shall  have  had,  as  a  minimum,  three  years'  experience  as  a 
journeyman,  or,  where  this  terminology  does  not  apply,  its  equivalent, 
in  the  vocation  in  which  he  desires  certification. 

Applicants  without  necessary  qualifications.  Fourth — To  consider  the 
I'lises  of  inrjividual  applicants  who  arc  not  possessed  of  the  qualifica- 
tions prescribed  in  subdivision  third  of  this  section,  or  in  the  general 
regulations    of  the    state   board   of   education,   and    where    the   evidence 


195  POLITICAL  CODE.  §  1519a 

submitted  by  any  applicant  wlio  moots  tlic  academic  requirements  of 
the  board  does  not  satisfy  the  board  of  his  knowledge  of  the  special 
subject  and  methods  of  teaching  the  same,  it  may,  in  its  discretion, 
provide  such  examination  as  it  may  deem  expedient  and  wise.  When 
the  state  board  of  education  is  satisfied  that  any  applicant  possesses 
qualifications  equivalent  to  those  so  specified,  it  may  issue  to  such  ap- 
plicant a  state  board  credential  upon  which  county  boards  of  education 
may  grant  to  him  a  special  certificate  to  teach  such  special  subject  or 
subjects  as  are  listed  in  said  credential  in  such  grades  and  for  such 
length   of  time  as  therein  specified. 

Life  diplomas.     Fifth — To  grant  life   dii:)lomas   for   four  grades,   valid 
throughout  the   state,   as  follows: 

(1)  High    school:    Authorizing    the    holder    to    teach    in    any    primary 
or  grammar   or  high   school. 

(2)  Elementary   school:    Authorizing  the   holder   to  teach   in   any   ele- 
mentary  school. 

(3)  Kindergarten-primary:     Authorizing    the    holder    to    teach    in    the 
kindergarten  class  of  any  primary  school. 

(4)  Special:   Authorizing  the  holder  to  teach  in  any  school  such  spe- 
cial branches  and  in  such  grades  as  are  named  in  such  diploma. 

Qualifications  for  life  diplomas.  Fee.  Sixth — To  issue,  except  as  pro- 
vided in  sections  one  thousand  five  hundred  three  and  one  thousand 
seven  hundred  seventy-five  of  this  code,  life  diplomas  only  to  such  per- 
sons as  have  held  for  one  year,  and  still  hold,  a  valid  county,  or  city 
and  county,  certificate,  corresponding  in  grade  to  the  grade  of  diploma 
applied  for,  and  who  shall  furnish  satisfactory  evidence  of  having  had 
a  successful  experience  in  teaching  of  at  least  forty-eight  months.  Not 
less  than  twenty-one  months  of  said  experience  shall  have  been  in  the 
public  schools  of  California.  Every  application  must  be  accompanied  to 
the  state  board  of  education  by  a  certified  copy  of  a  resolution  adopted 
by  at  least  a  three-fourths  vote  of  all  the  members  composing  a  county, 
or  city  and  county,  board  of  education,  recommending  that  the  diploma 
be  granted,  and  also  by  an  affidavit  of  the  applicant,  specifically  setting 
forth  the  places  in  which,  and  the  dates  between  which,  said  applicant 
has  taught.  The  application  for  any  credentials  or  diploma  or  document 
mentioned  in  this  chapter  must  be  accompanied  by  a  fee  of  two  dollars, 
and  in  addition  thereto  each  applicant  permitted  to  take  an  examination 
shall,  before  he  is  so  permitted,  pay  a  fee  of  ten  dollars.  All  of  the 
above  fees  must  be  paid  into  the  state  treasury  to  the  credit  of  the  con- 
tingent fund  of  the  state  board  of  education  and  applied  by  said  board 
in  defraying  or  in  partially  defraying  the  expense  of  investigating  the 
qualifications  of  candidates,  issuing  credentials,  documents  or  diplomas, 
and  providing  for  the  employment  of  professional  experts  to  conduct 
examinations  for  special  credentials  and  high  school  credentials,  as  spe- 
cified in  subdivisions  second  and  fourth  of  this  section. 

Revocation  of  life  diplomas.  Seventh — To  revoke  or  suspend  for  im- 
moral or  unprofessional  conduct,  or  for  evident  unfitness  for  teaching, 
life  diplomas,  documents  issued  under  the  provisions  of  sections  one 
thousand  five  hundred  three  and  one  thousand  seven  hundred  seventy -five 
of  this  code,  or  credentials  issued  in   accordance  with  the  provisions  of 


§  1519b  POLITICAL  CODE.  196 

this   section;   and   to   adopt   suc-li   rules  for  said   revocation   as   they  may 
deem  expedient  or  necessary. 

Commission  of  credentials.  Eighth — The  state  board  of  education,  in 
order  to  meet  emergencies,  is  hereby  authorized  to  create  a  commission 
of  credentials,  to  consist  of  the  commissioner  of  elementary  schools, 
the  commissioner  of  secondary  schools  and  the  commissioner  of  industrial 
and  vocational  education.  This  commission,  when  directed  by  the  board, 
shall  have  authority  to  review  the  cases  of  applicants  for  the  special 
credentials  and  the  high  school  credentials,  specified  in  subdivisions  sec- 
ond and  fourth  of  this  section,  and  when  said  commission  is  satisfied 
that  any  candidate  fully  meets  the  standards  maintained  by  the  state 
board  it  may  issue  the  proper  credential;  provided,  that  said  credential 
to  be  valid  must  be  issued  upon  the  regular  form  used  by  the  state  board 
of  education  and  must  be  signed  by  the  secretary  and  president  of  said 
state  board.      [Amendment  approved  May  18,  1917;  Stats.  1917,  p.  701.] 

§  1519b.  Powers  of  state  board  of  education.  The  state  board  of 
education  shall  have  power  and  it  shall  be  its  duty: 

Compile  text-books.  First — To  compile  in  whole,  or  in  part,  and  to 
manufacture  such  text-books  as  are  now  in  use;  to  compile,  or  cause  to 
be  compiled,  and  manufacture  such  other  additional  text-books  or  books, 
as  it  may  deem  necessary  or  proper  for  use  in  the  elementary  schools 
of  the  state,  as  provided  by  section  one  thousand  six  hundred  sixty-five 
of  the  Political  Code;  to  purchase  books  when  necessary,  or  lease  plates, 
maps,  engravings  or  copyright  matter  for  use  in  manufacturing  such 
text-books;  contract  for,  or  lease  copyrights  for  use  in  compiling,  print- 
ing or  publishing  such  books;  to  provide  for  the  payment  of  royalties 
or  for  the  leasing  of  plates  or  making  the  whole  or  any  part  of  a  book, 
and  to  do  any  or  all  things  that  may  be  necessary  for  the  purpose  of 
procuring  a  uniform  series  of  text-books  for  use  in  the  elementary  day 
and   evening  schools  of  the   state. 

Contract  for  use  of  plates,  etc.  Second — Whenever  any  plates,  maps, 
or  engravings  of  any  publisher  or  author  are  adopted  for  use,  or  when- 
ever any  books  have  been  purchased,  as  hereinbefore  provided,  the  state 
board  of  education  shall  enter  into  a  contract  for  not  less  than  four 
years  nor  more  than  eight  years  for  the  use  of  the  same  in  the  elemen- 
tary day  and  evening  schools  of  the  state,  and  shall  require  a  good  and 
sufficient  bond  of  the  owner  or  owners  of  such  books,  plates,  maps  or 
engravings  under  a  written  guaranty  that  the  same  shall  be  kept  revised 
and  free  from  all  errors  and  uj)  to  date  as  may  be  required  by  the  state 
lioard    of   cilnc'ilioii. 

Copyrights.  Uniform  use  of  text-books.  Third — The  state  board  of 
education  may  secure  copyrights  in  the  name  of  the  people  of  the  state 
of  ('aliffiriiia,  to  any  book  that  may  be  compiled.  Whenever  any  one  or 
more  of  till'  state  text-books  shall  have  been  compiled  or  purchased, 
I'lilili.shcd  and  adoi)ted,  the  superintendent  of  public  instruction,  on  the 
order  of  the  state  board  of  education  sliall  issue  an  order  to  all  county, 
city,  fity  and  county  school  supcrinteiulenls  by  sending  notices  by  reg- 
istered mail  to  said  superintcndnits  wlio  in  turn  shall  notify  the  secre- 
taries of  all  boards  of  education   in   the  cities  and  the  clerk  of  the  board 


197  POLITICAL   CODE.  §  1519b 

of  school  trustees  and  the  teacher  or  principal  in  each  .sr-hool  district, 
requiring  the  uniform  use  of  such  book,  in  the  grades  of  tlic  elementary 
day  and  evening  schools  for  which  tliey  have  been  adopted,  and  when 
such  order  has  thus  been  given  and  published,  the  same  shall  remain  in 
force  and  effect  for  a  term  of  not  less  than  four  nor  more  than  eight 
years;  provided,  that  such  order  for  the  uniform  use  of  such  book,  shall 
not  take  effect  until  the  beginning  of  the  next  fiscal  year;  namely,  the 
first  of  July  next  following  the  issue  of  the  order,  or  at  such  time  there- 
after as  may  be  fixed  by  the  state  board  of  education;  provided,  that 
the  book  shall  go  into  use  at  the  beginning  of  a  fiscal  year. 

When  a  book  has  been  adopted,  the  state  board  of  education  shall  en- 
force the  uniform  use  of  such  book,  in  the  elementary  day  and  evening 
schools  for  which  said  book  has  been  adopted. 

Refusal  to  use  state  text-books.  Fourth — Any  teacher,  or  city,  county, 
or  city  and  county  superintendent  of  schools  or  any  board  of  education, 
refusing  or  neglecting  to  use  said  series  of  state  text-books  at  the  time 
required  in  the  last  preceding  subdivision  of  this  act,  shall  be  guilty  of 
a  misdemeanor,  and  upon  proof  thereof  of  such  refusal  or  neglect,  shall 
be  subject  to  a  fine  not  exceeding  one  hundred  dollars  for  each  offense; 
provided,  that  nothing  herein  contained  shall  in  any  way  restrict  the 
additional  use  of  such  books  as  are  now  provided  in  section 'one  thou- 
sand seven   hundred   twelve   of  the   Political  Code. 

Duties  of  superintendent  of  state  printing.  Fifth — The  superintendent 
of  state  printing  shall  have  supervision  of  all  of  the  mechanical  work 
connected  with  the  printing  of  such  books  as  may  be  compiled  and 
adopted  subject  to  the  approval  of  the  state  board  of  education  or  such 
representative  of  the  state  board  of  education  as  may  be  appointed  to 
supervise  such  work.  The  superintendent  of  state  printing  shall  print 
and  bind  such  books  in  lots  of  not  less  than  five  thousand  and  turn  them 
over  to  the  state  board  of  education  at  the  warehouse,  and  receive  pay- 
ment therefor  on  the  approval  of  the  items  of  said  cost  by  the  state 
board  of  education  or  the  duly  authorized  agent  of  said  board,  and  upon 
the  approval  of  the  bill  by  the  board  of  control.  He  shall  furnish  one 
copy  of  a  cost-finding  report  showing  items  of  work  and  the  materials 
and  the  exact  cost  of  each  item  for  each  of  said  lot  of  books,  to  the 
state  board  of  education  and  one  copy  to  the  board  of  control.  The 
superintendent  of  state  printing  shall  on  the  first  day  of  each  month 
furnish  to  the  state  board  of  education  a  detailed  statement  showing  the 
name  and  number  of  books  published  by  him  during  the  preceding 
month,  and  the  number  tlieu  in  course  of  publication. 

Board  of  education  to  fix  cost  price  of  books.  Sixth — On  receiving  a 
copy  of  the  cost-finding  report  and  estimated  cost  of  the  publishing  of 
any  book,  the  state  board  of  education  thereupon  shall  determine  and 
fix  the  cost  price  of  such  books  by  adding  to  the  cost  of  manufacture, 
the  contract  price  to  be  paid  as  royalty  or  for  the  use  of  plates,  maps, 
or  engravings  or  copyrighted  matter,  and  said  price,  to  which  has  been 
added  ten  per  cent  of  such  price  to  cover  overhead  expense,  shall  be 
deemed  to  be  the  whole  cost  of  publication  of  such  book  at  Sacramento. 
The  state  board  of  education  may  provide  for  the  sale  at  not  less  than 
cost  price  of  state  text-books  to  private  schools,  individuals,  or  dealers 


§§  1519C-1521  POLITICAL   CODE.  198 

under  such  rules  and  regulations  as  may  be  adojjted  by  said  board  of 
education;  provided,  that  such  books  be  not  sold  by  dealers  for  more 
than  the  cost  price  at  Saciamento,  plus  the  postage,  packing  and  cartage 
on  such  books,  which  prices  shall  be  established  by  said  board  of  educa- 
tion. 

The  state  board  ot  education  may  provide  for  the  disposition  of  such 
text-books  as  are  no  longer  in  a  fit  condition  to  be  used  for  purposes 
of  instruction;  provided,  that  whenever  in  its  judgment  it  would  be 
practicable  to  sell  such  old  text-books  for  use  in  the  manufacture  of 
paper  pulp  or  similar  substances,  the  highest  price  obtainable  shall  be 
secured  therefor,  and  the  money  so  obtained  deposited  in  the  state 
school-book  fund.      [New  section  added  May  18,  1917;  Stats.  1917,  p.  7(J4.J 

§  1519c.  State  school  book  fund.  The  appropriation  heretofore  made, 
known  as  the  "text-book  appropriation,"  shall  be  subject  to  the  draft  of 
the  state  board  of  education  lor  necessary  expenses  incurred  by  it  for 
office  supplies,  the  hiring  of  expert  assistants,  and  for  other  necessary 
expenses;  provided,  that  all  claims  shall  be  presented  to  the  board  of 
control  for  its  approval.  All  moneys  that  have  been  received  or  may 
hereafter  be  received  from  the  sale  of  said  series  of  state  text-books 
to  private  schools  or  to  dealers  or  persons  or  that  may  be  appropriated 
by  the  legislature  for  publishing  said  series  of  state  text-books,  shall 
be  kept  by  the  state  treasurer  in  a  fund  known  as  the  "state  school  book 
fund."  This  fund  shall  be  subject  to  the  order  of  the  state  board  of 
education  for  all  expenses  incurred  by  the  superintendent  of  printing  for 
all  material,  labor,  and  other  expenses  necessary  for  publishing  state 
school  text-books,  and  for  all  books  purchased,  for  the  cost  of  shipping 
free  text-books,  and  for  necessary  employees  in  connection  with  such 
shipment  as  may  be  determined  by  the  state  board  of  education.  All 
claims  to  be  drawn,  after  being  certified  by  the  claimant  and  the  items 
approved  by  the  secretary  of  the  state  board  ot  education  shall  be 
presented  to  the  board  of  control  for  its  approval,  and  upon  the  approval 
of  said  board  of  control,  the  state  controller  is  hereby  authorized  and 
directed  to  draw  his  warrant  on  the  state  treasurer,  who  is  hereby 
directed  to  pay  the  same.  [New  section  added  May  18,  1917;  Stats. 
1917,  p.   7UG.] 

§  1519d..  Order  from  head  of  state  institution.  The  president  or  prin- 
cij)al  of  any  state  institution  in  which  instruction  is  given  in  the  element- 
ary branches,  may  order .  such  state  text-book,  as  may  be  used  to  ad- 
vantage, for  use  in  said  institution,  on  blanks  supplied  by  the  superin- 
tendent of  public  instruction;  provided,  such  orders  shall  be  subject  to 
revision  by  said  superintendent  of  public  instruction.  Such  books  shall 
be  delivered  free  of  cost  to  such  ijislitution  on  the  order  of  the  super- 
mtejideut  of  public  instruction,  in  the  usual  method  of  shipment.  [New 
section  added  May  18,  1917;  Stats.  1917,  j).  7U7.J 

§  1521.  Compensation,  members  of  state  board  of  education.  Mrst — 
The  members  of  the  state  board  of  cduint  it)ii  sliall  receive  as  compensa- 
tion fifteen  dollars  per  day  wheJi  tlic  board  is  iu  session.  They  shall 
also  receive  ten  dollars  per  day  while  engaged  iu  committee  work  at  the 
Sacramento  or  Los  Angeles  olfices  of  the   board   or  elsewhere  under  the 


199  POLITICAL    CODE.  §  1532 

direction  of  the  state  board  of  education;  provided,  tliat  the  total  amount 
of  such  per  diem  for  committee  worlc,  for  all  members  of  the  board,  shall 
not  exceed  two  thousand  five  hundred  dollars  for  any  fiscal  year.  They 
shall  also  receive  tlieir  actual   and  necessary  traveling  expenses. 

Salaries,  assistant  superintendents  of  public  instruction.  Second — 
Each  assistant  superintendent  of  public  instruction  provided  for  in  sec- 
tion one  thousand  five  hundred  nineteen  of  the  Political  Code  shall  re- 
ceive a  salary  of  four  thousand  dollars  per  annum,  payable  at  the  same 
time  and  in  the  same  manner  as  the  salary  of  state  officers  is  paid. 
They  shall  also  receive  their  actual  and  necessary  traveling  expenses 
while  on  official  business. 

Clerical  help.  Third — Within  their  appropriation,  the  state  board  of 
education  may  appoint  such  clerical  and  other  help  as  may  from  time  to 
time  be  necessary.  [Amendment  approved  Ma}'  19,  1917;  Stats.  1917, 
p.  750.] 

§1532.  Duties  of  superintendent  of  public  instruction.  It  is  the  duty 
of  the  superintendent  of  public  instruction: 

Superintendence  of  schools.  First — To  superintend  tiie  schools  of  this 
state. 

Report  of  governor.  Second — To  report  to  the  governor,  on  or  before 
the  fifteenth  day  of  September  preceding  each  regular  session  uf  the 
legislature,  a  statement  of  the  condition  of  the  public  elementary  and 
secondary  schools,  the  state  normal  schools  and  other  educational  in- 
stitutions supported  in  whole  or  in  part  by  the  state. 

Statements  to  accompany  report.  Third — To  accompany  his  report  with 
tabular  statements,  showing  the  number  attending  public  schools,  and  the 
average  attendance;  the  amount  of  state  school  fund  apportioned,  and 
the  sources  from  which  derived;  the  amount  raised  by  county,  city  and 
county  and  district  taxes,  or  from  other  sources  of  revenue,  for  school 
purposes;  and  the  amount  expended  for  salaries  of  teachers,  for  build- 
ing schoolhouses,  for  district  school  libraries,  and  for  incidental  ex- 
penses. 

Apportion  state  school  fund.  Fourth^ — To  apportion  the  state  school 
fund;  and  to  furnish  an  abstract  of  such  apportionment  to  the  state 
controller,  the  state  board,  of  control,  and  to  the  county  and  city  and 
county  auditors,  county  and  city  and  county  treasurers  and  to  the 
county  and  city  and  county  school  superinteiidents  of  the  several  coun- 
ties of  the  state.  In  apportioning  said  fund  he  shall  apportion  to  every 
county  and  to  every  city  and  county  two  hundred  fifty  dollars  for  every 
teacher  determined  and  assigned  to  it  on  average  daily  attendance  by  the 
county  or  city  and  county  school  superintendent  for  the  next  preceding- 
school  year,  as  required  of  the  county  or  city  and  county  school  superin- 
tendent by  the  provisions  of  section  one  thousand  eight  hundred  fifty - 
eight  of  this  code,  and  after  thus  apportioning  two  hundred  and  fifty 
dollars  on  teacher  basis,  he  shall  apportion  the  balance  of  the  state  school 
fund  to  the  several  counties  or  cities  and  counties  according  to  their 
average  daily  attendance  as  shown  by  the  reports  of  the  county  or  city 
and   county   school   superintendents  for   the   next   preceding   school   year. 


§  1532  POLITICAL   CODE.  200 

Drawing  orders  for  funds.  Fifth— To  draw  his  order  on  the  con- 
troller in  favor  of  each  county  or  city  imd  county  treasurer  for  school 
moneys  apportioned   to   the   county  or   city   and   county. 

Furnish  tlank  forms.  Sixth — To  prepare,  have  printed,  and  furnish 
all  officers  charged  with  the  administration  of  the  laws  relating  to  tlie 
public  schools,  and  to  teachers,  such  blank  forms  and  books  as  may  be 
necessary  to  the  discharge  of  their  duties,  including  blank  teachers'  cer- 
tificates to  be  used  by  county  and  city  and  county  boards  of  education. 

Supply  school  laws.  Seventh — To  have  the  laws  relating  to  the  public 
schools  printed  in  pamphlet  form,  and  to  supply  school  officers  and  school 
libraries  with  one  copy  each. 

Visit  orphan  asylums.  _  Eighth — To  visit  the  several  orphan  asylums  to 
which  state  appropriations  are  n;ade,  and  examine  into  the  course  of 
instruction  therein. 

Visit  schools.  Ninth — To  visit  the  schools  in  the  different  counties, 
and  inquire  into  their  condition;  and  the  actual  traveling  expenses  thus 
incurred,  provided  that  they  do  not  exceed  one  thousand  eight  hundred 
dollars  per  annum,  shall  be  allowed,  audited  and  paid  out  of  the  gen- 
eral fund  in  the  same  manner  as  other  claims  are  audited  and  paid. 

Authenticate  orders.  Tenth — To  authenticate  with  his  official  seal 
all  drafts  or  orders  diawn  by  him,  and  all  papers  and  writings  issued 
from  his  office. 

Bind  documents.  Eleventh — To  have  bound,  at  the  state  bindery,  all 
valuable  school  reports,  journals,  and  documents  in  his  office,  or  hereafter 
received   by   him. 

Report  daily  attendance.  Twelfth — To  report  to  the  controller,  on  or 
before  the  tenth  day  of  September  of  each  year,  the  total  average  daily  at- 
tendance in  the  elementary  day  and  evening  schools  including  the  special 
day  and  evening  elementary  school  classes,  the  average  daily  attendance  in 
the  day  and  evening  high  schools  including  the  special  day  and  evening 
high  scliool  classes,  as  shown  by  the  annual  reports  of  the  county  superin- 
tendents of  the  several  counties  on  file  in  his  office  for  the  school  year 
immediately  preceding,  and  the  average  daily  attendance  of  pupils  upon 
each  of  such  part-time  vocational  courses  as  are  established  and  main- 
tained by  each  high  school  district  under  the  provisions  of  section  one 
thousand  seven  hundred  fifty  c  of  this  code,  and  as  are  shown  by  these 
reports  and  approved  by   the  commissioner  of  vocational  education. 

Deliver  records  to  successor,  Tliirteeuth — To  deliver  over,  at  tiie 
expiration  of  his  term  of  office,  on  demand,  to  his  successor,  all  property, 
books,  documents,  maps,  records,  reports,  and  other  papers  belonging  to 
his  office,  or  which  may  have  ])een  received  by  him  for  the  use  of  his 
office. 

Visit  state  normal  schools,  i'nui  icinlh  To  \if-il  and  inspect  each 
slate  normal  school  from  time  1<>  tiirie,  itKpiii'e  into  its  condition 
and  management,  rcijiiirc  mmIi  reports  as  he  may  deem  iirupcr  from  the 
teachers  of  the  sclioid  and  cxcicise  general  supervision  oscr  the  same. 
lAmendnirnl   approved   May  :!  1 ,    I'.H?;  Stats.   1917.  j..   IH7.| 


201  POLITICAL   CODE.  §§  1534-1543 

§  1534.  Orders  for  text-books.  All  orders  for  text-bookr  shall  be 
forwarded  to  the  superintendent  of  jjublic  instruction  on  blanks  fur- 
nished by  him.  He  shall  investigate  such  orders  and  make  necessary 
changes  and  forward  the  same  to  the  person  in  charge  of  the  ware- 
house and  shipment  of  books  with  definite  orders  for  shipment.  He 
shall  keep  an  accurate  account  of  the  amount  of  money  received  from 
the  sale  of  text-books  for  each  month  and  report  to  the  controller  on 
or  before  the  fifth  of  the  succeeding  month,  the  number  of  books  sold, 
or  distributed,  and  the  amount  of  money  collected  therefor,  and  shall 
pay  such  money  into  the  treasury  to  the  credit  of  the  "school  text- 
book fund."  The  amount  fixed  for  royalty  and  costs  of  plates  or  copy- 
right matter  in  favor  of  any  company,  or  individual,  shall  be  presented 
by  the  superintendent  of  public  instruction  to  the  state  board  of  educa- 
tion for  its  approval.  Said  claim  shall  be  paid  quarterly,  in  the  same 
manner  as  other  claims  upon  the  state  treasury,  on  the  approval  of  the 
board  of  control. 

On  receiving  orders  from  the  superintendent  of  public  instruction  for 
text-books  the  person  in  charge  of  the  warehouse  and  shipment  of  books 
shall  forward  by  freight,  express  or  mail,  as  directed  by  the  superin- 
tendent of  public  instruction,  to  the  nearest  freight  depot,  express  or 
postoffice,  in  the  name  of  the  clerk  of  the  school  district  or  the  city 
superintendent  of  schools  in  cities,  the  number  of  books  called  for  in 
said  order.      [New  section  added  May  IS,  1917,-  Stats.  1917,  p.  706.] 

-    §  1543.     Duties  of  county  superintendent  of  schools.     It  is  the  duty 
cf  the  sujierintendent  of  schools  of  each  county: 

Superintending  schools.  First — To  superintend  the  schools  of  his 
county. 

Apportion  school  moneys.  Second — To  apportion  the  school  moneys 
to  each  school  district  as  provided  in  section  one  thousand  eight  hun- 
dred fifty-eight  of  this  code,  at  least  four  times  a  year.  For  this  pur- 
pose he  may  require  of  the  county  auditor  a  report  of  the  amount  of  all 
school  moneys  on  hand  to  the  credit  of  the  several  school  funds  of  the 
county  not  already  apportioned;  and  it  is  hereby  made  the  duty  of  the 
auditor  to  furnish  such  report  when  so  required;  and  whenever  an  ex- 
cess of  money  has  accumulated  to  the  credit  of  a  school  district  beyond 
a  reasonable  amount  necessary  to  maintain  a  school  for  eight  months  in 
such  district  for  the  year,  the  superintendent  of  schools  shall  place  said 
excess  of  money  to  the  credit  of  the  unapportioned  school  funds  of  the 
county,  and  shall  apportion  the  same  as  other  school  funds  are  appor- 
tioned. 

RecLUisitions.  Third — (a)  On  the  order  of  the  board  of  school  trus- 
tees, or  board  of  education  of  any  city  or  town  having  a  board  of 
education,  to  draw  his  requisition,  upon  the  county  auditor  for  all 
necessary  expenses  against  the  school  fund  of  any  district.  The  requisi- 
tions must  be  drawn  in  the  order  in  which  the  orders  therefor  are  filed 
in  his  office.  Each  requisition  must  specify  the  purpose  for  which  it  is 
drawn,  but  no  requisition  shall  be  drawn  upon  the  order  of  the  board 
of  school  trustees  or  board  of  education  against  the  funds  of  any  dis- 
trict except  the   teachers'  or  janitors'   salaries,  unless  such  order  is  ac- 


§  1543  POLITICAL   CODE.  202 

companied  by  an  itemized  bill  showing  the  separate  items,  and  the  price 
of  each,  in  payment  for  which  the  order  is  drawn;  nor  shall  any  requisi- 
tion for  teachers'  or  janitors'  salaries  be  drawn  unless  the  order  shall 
state  the  monthly  salary  of  teacher  or  janitor,  and  name  the  months  for 
which  such  salary  is,  due.  Upon  the  receipt  of  such  requisition  the 
auditor  shall  draw  his  warrant  upon  the  county  treasurer  in  favor  of  the 
parties  for  the  amount  stated  in  such  requisition.  The  order  of  the 
board  of  school  trustees,  or  board  of  education,  shall  be  made  only  on 
the  form  of  blank  approved  by  the  superintendent  of  public  instruction; 
provided,  that  said  blanks  shall  be  printed  and  furnished  to  the  school 
districts  by  the  board  of  supervisors  of  the  respective  counties  of  the 
state,  and  when  signed  by  at  least  two  members  of  the  board  of  trustees, 
or  the  ofiicials  authorized  to  sign  orders  for  the  board  of  education, 
shall  be  transmitted  to  the  superintendent,  who  shall,  in  case  he  ap- 
prove such  demand,  indorse  upon  it,  "examined  and  approved,"  together 
with  the  number  and  date  when  approved,  and  shall,  in  attestation 
thereof,  affix  his  signature  thereto,  and  deliver  the  same  to  the  claim- 
ant, or  his  order,  who  shall  transmit  the  same  to  the  auditor,  who  shall, 
in  case  he  allows  said  demand,  indorse  upon  it  "allowed,"  together  with 
the  number  and  date  when  allowed,  and  shall,  in  attestation  thereof, 
affix  his  signature  thereto,  and  deliver  the  same  to  the  claimant  and 
make  a  proper  record  thereof  and  charge  against  the  particular  fund 
of  the  particular  district  against  which  such  demand  was  allowed;  and 
said  demand  when  so  approved  and  signed  by  the  superintendent,  and 
when  so  allowed  and  signed  by  the  auditor,  shall  constitute  the  requisf- 
tion  on  the  auditor,  and  the  warrant  on  the  treasury  within  the  meaning 
of  this  act;  and  provided,  further,  that  the  county  superintendent  of 
schools,  after  examining  and  approving  any  demand,  may  transmit  the 
same  directly  to  the  county  auditor,  who  after  allowing  such  demand 
shall  return  the  same  to  the  county  superintendent  of  schools,  who  shall 
thereupon  return  said  demand  to  the  governing  board  of  the  school  dis- 
trict, which  shall  issue  said  demand  to  the  claimant  or  to  his  order. 

(b)  Transfer  of  funds  for  pupils  of  intermediate  school  course.     On 

the  order  of  the  board  of  trustees  or  board  of  education  of  any  ele- 
mentary school  district  located  within,  or  having  the  same  boundaries 
iis,  a  high  school  district  which  has  established  an  intermediate  school 
rourse  as  provided  for  in  section  one  thousand  seven  hundred  fifty  a  of 
the  Political  Code,  to  transfer  from  the  school  funds  of  such  elementary 
scliool  district  to  the  fund  of  the  board  having  control  of  such  inter- 
mediate school  course,  such  sum  as  may  be  agreed  upon,  as  provided 
in  section  one  thousand  six  hundred  seventeen  d  of  the  Political  Code, 
l.y  said  board  of  trustees  or  board  of  education  and  said  board  having 
control  of  such  intermediate  school  course,  for  the  tuition  of  pupils 
residing  in  such  elementary  school  district  and  attending  such  inter- 
mediate school  course;  provided,  that  all  of  the  funds  so  transferred 
shall  he  applied  exclusively  to  tlie  support  of  the  grades  of  such  inter- 
mcdijitt!  si'liixil  conise  corresponding  to  the  seventli  and  eighth  grades 
of   the    rcj^iihir   ilcinciitary   sciiools. 

Register  of  requisitions.     Fonrtli — To   keep,  open   lo  the  inspection  of 
llic   pnl)li<-,  a   register  of   reipiisitions,  showing  the  fund  upon  which  the 


203  POLITICAL   CODE.  §  1543 

requisitions  liave  been  dravv'n,  the  number  thereof,  in  whose  favor,  and 
for  what  purpose  they  were  drawn,  and  also  a  receipt  from  the  person  to 
whom  the  requisition  was  delivered. 

Examine  schools.  Fifth— To  visit  and  examine  each  school  in  his 
county  at  least  once  in  each  year.  For  every  school  not  so  visited  tlie 
board  of  supervisors  must,  on  proof  thereof,  deduct  ten  dollars  from  his 
salary. 

Teachers'  institutes.  Sixth — To  preside  over  teachers'  institutes  held 
in  his  county,  and  to  secure  the  attendance  thereat  of  lecturers  com- 
petent to  instruct  in  the  art  of  teaching,  and  to  report  to  the  county 
board  of  education  the  names  of  all  teachers  in  the  county  who  fail 
to  attend  regularly  the  sessions  of  the  institute;  to  enforce  the  course 
of  study,  the  use  of  state  text-books,  and  of  high  school  text-books 
regularly  adopted  by  proper  authority,  and  the  rules  and  regulations  for 
the  examination   of  teachers  prescribed  by   the  proper  authority. 

Temporary  certificates.  Seventh — When  he  finds  that  the  service 
makes  it  necessary  and  desirable,  to  issue  temporary  certificates  as 
follows : 

(a)  A  temporary  kindergarten  certificate  to  the  holder  of  a  valid 
kindergarten  certificate  issued  by  a  county  board  of  education  of 
California,  or  to  the  holder  of  a  credential  issued  by  a  school  author- 
ized b}'  the  state  board  of  education  to  recommend  teachers  for  kinder- 
garten certificates  in  the  state  of  California. 

(b)  A  temporary  elementary  school  certifilcate  to  the  holder  of  a  valid 
county  certificate  issued  by  a  county  board  of  education  of  California, 
or  to  the  holder  of  a  diploma  issued  by  a  California  state  normal  school 
or  other  state  normal  school  accredited  by  the  state  board  of  education. 

(c)  A  temporary  secondary  school  certificate  to  the  holder  of  a  valid 
county  certificate  of  secondary  grade  granted  by  a  county  board  of  edu- 
cation of  California,  or  to  the  holder  of  a  valid  credential  of  secondary 
grade  issued  by  a  university  authorized  by  the  state  board  of  education 
to  recommend  candidates  for  the  high  school  certificate  in  California 
or  to  the  holder  of  a  state  board  high  school  credential. 

(d)  A  temporary  special  certificate  of  elementary  grade  or  of  second- 
ary grade  to  the  holder  of  a  special  certificate  of  like  grade  issued  by 
a  county  board  of  education  in  California,  or  to  the  holder  of  a  recom- 
mendation of  lilce  grade  in  special  subjects  issued  by  an  institution 
authorized  by  the  state  board  of  education  to  recommend  persons  for 
special  certificates  in  the  state  of  California,  or  to  the  holder  of  a 
credential  of  like  grade  in  special  subjects  issued  by  the  state  board  of 
education  of  California;  provided,  that  a  temporary  special  certificate 
may  be  issued  only  in  such  subjects  as  are  listed  in  the  certificate, 
recommendation,   or   credential  upon  which   it  is   granted. 

A  temporary  certificate  issued  between  July  first  and  December  first 
shall  expire  on  the  January  first  following,  and  a  temporary  certificate 
when  issued  between  December  first  and  June  twenty-ninth  shall  expire 
on  the  July  first  following;  provided,  that  no  person  shall  be  entitled 
to  receive  a  temporary  certificate  more  than  once  in  the  same  county. 


§  1543  POLITICAL   CODE.  20-4 

Preliminary  certificates.  Eighth— To  issue  to  persons  in  training  for 
the  teaching  service  "preliminary  certificates"  of  a  temporary  character 
as  follows: 

(a)  Upon  a  recommendation  signed  by  the  president,  principal  or 
director  of  a  California  school  authorized  by  the  state  board  of  educa- 
tion to  train  teachers  for  kindergarten  teaching,  a  preliminary  certifi- 
cate of  kindergarten  grade  which  shall  authorize  the  holder  thereof  to 
do  cadet-teaching  without  salary  in  any  kindergarten  school  of  the 
county. 

(b)  To  a  person  holding  a  recommendation  from  a  California  state 
normal  school  a  preliminary  certificate  of  elementary  grade  which  shall 
authorize  the  holder  thereof  to  do  cadet-teaching  without  salary  in  any 
subject  in  any  elementary  school  of  the  county. 

(c)  To  the  holder  of  a  recommendation  from  a  university  in  this  state 
authorized  by  the  state  board  of  education  to  issue  recommendations 
for  high  school  certificates,  a  preliminary  certificate  of  secondary  grade 
which  shall  authorize  the  holder  thereof  to  do  cadet-teaching  without 
salary  in  any  elementary  or  secondary  school  of  the  county. 

(d)  To  the  holder  of  a  recommendation  from  a  California  institution 
authorized  by  the  state  board  of  education  to  issue  credentials  for 
teachers  of  special  subjects,  or  to  the  holder  of  a  recommendation  from 
the  secretary  of  the  state  board  of  education,  under  regulations  pre- 
scribed by  said  board,  a  preliminary  special  certificate  of  elementary 
or  secondary  grade  as  specified  in  said  recommendation.  Said  prelimin- 
arj^  special  certificate  shall  authorize  the  holder  thereof  to  do  cadet- 
teaching  without  salary  in  the  special  subjects  listed  in  the  recommen- 
dation upon  which  the  preliminary  certificate  has  been  granted,  in  any 
school  of  like  grade  in  the  county. 

Xo  such  preliminary  certificate  shall  be  granted  for  a  period  exceed- 
ing two  years,  nor  shall  the  superintendent  of  schools  collect  a  fee 
tiierefor. 

Distribute  laws,  etc.  Ninth — To  distribute  all  laws,  reports,  circu- 
lars, instructions,  and  blanks  which  he  may  receive  for  the  use  of  school 
officers. 

Reports  of  superintendents.  Tenth — To  keep  in  his  office  the  reports 
of  the  superintendent  of  public  instruction. 

Record  of  acts.  Eleventh — To  keep  a  record  of  his  official  acts  and 
of  all  the  proceedings  of  the  county  board  of  education,  including  a 
record  of  the  standing,  in  each  study,  of  all  applicants  examined,  which 
shall  ])e  oi)en  to  the  inspection  of  any  applicant  or  his  authorized  agent. 

Approval  of  plans  for  schoolhouses.  Twelfth — Except  in  incorporated 
cities  having  boards  of  education,  to  pass  upon  and  approve  or  reject  all 
jilans  for  schoolliouses.  To  enable  him  to  do  so,  all  boards  of  trustees, 
licfore  adopting  any  plana  for  school  buildings,  must  submit  the  same 
to  tlie  county  superintendent  for  his  approval. 

Appoint  trustees.  Thirteenth — To  ajijjoint  trustees  to  fill  all  vacancies 
ill  firnicntiiry  sdiool  districts  as  provided  in  section  one  tliousand  five 
hiindird  ninety-three  of  the  I'olitical  Code  (ir  as  may  be  otiierwise  pro- 
side. I    liy    law;    to    ap|(jint    trustees    to    fill    aH    vacancies   in    high    school 


205  POLITICAL  CODE,  §  154.3b 

districts  as  provided  in  section  one  thousand  seven  hundred  thirty-one 
of  the  Political  Code  or  as  may  be  otherwise  provided  bj'  law;  to  ap- 
point trustees  in  new  elementary  school  districts  to  hold  office  until  the 
lirst  day  of  May  next  succeeding  their  appointment.  In  case  of  the 
failure  of  the  board  of  school  tructees  to  appoint  a  clerk  of  the  district 
on  the  proper  date  or  in  case  of  a  vacancy  in  the  position  of  clerk  ot^ 
the  district,  the  superintendent  shall  appoint  a  member  of  the  board 
of  school  trustees  clerk  of  the  district.  In  case  of  the  failure  of  the 
trustees  to  employ  a  janitor,  as  provided  in  section  one  thousand  six 
hundred  seventeen,  subdivision  seventh,  of  this  code,  he  shall  appoint 
a  janitor,  who  ishall  be  paid  out  of  the  school  fund  of  the  district. 
Should  the  board  of  school  trustees  of  any  district  fail  or  refuse  to  issue 
an  order  for  the  compensation  of  such  service,  the  superintendent  is 
hereby  authorized  to  issue,  without  such  order,  his  recpiisition  upon  the 
county  school  fund  apportioned  to  such  district. 

Reports.  Fourteenth — To  make  reports,  when  directed  by  the  super- 
intendent of  public  instruction,  showing  such  matters  relating  to  the 
public  schools  in  his  county  as  may  be  required  of  him. 

Preserve  reports.  Fifteenth — To  preserve  carefully  all  reports  of 
school  officers  and  teachers,  and,  at  the  close  of  his  official  terra,  deliver 
to  his  successor  all  records,  books,  documents,  and  papers  belonging  to 
the  office,  taking  a  receipt  for  the  same,  which  wall  be  filed  in  the  office 
of  the   county   clerk. 

Grade  schools.  Sixteenth — The  county  superintendent  shall,  unless 
otherwise  provided  by  law,  in  the  month  of  July  of  each  year  grade  each 
school,  and  a  record  thereof  shall  be  made  in  a  book  to  be  kept  by  the 
county  superintendent  in  his  office  for  this  purpose.  And  no  teacher 
holding  a  certificate  below  the  grade  of  said  school  shall  be  employed 
to  teach  the  same. 

Contract  for  Indian  children.  Seventeenth — On  the  recommendation 
of  the  county  superintentlcnt  of  schools,  boards  of  school  trustees  and 
city  boards  of  education  are  hereby  empowered  to  enter  into  contract 
with  the  national  government  to  receive  money  from  said  national 
government  for  the  Indian  children  in  attendance  in  the  schools  under 
the  jurisdiction  of  said  boards,  in  addition  to  any  money  that  may  be 
appropriated  for  such  schools  by  the  state  and  the  county.  Any  money 
received  on  such  contract  shall  be  transmitted  to  the  county  superin- 
tendent of  schools  to  be  by  him  paid  into  the  county  treasury  to  the 
credit  of  the  special  school  fund  of  such  school  district.  On  the  receijit 
of  such  money  the  superintendent  shall  notify  the  clerk  of  the  board  of 
school  trustees  of  the  receipt  of  the  money.  [Amendment  approved 
May  29,  1917;  Stats.  1917,  p.  1289.] 

§  IS-lSb.     Jurisdiction  of  county  superintendents  over  joint  districts. 

Whenever  any  school  district  is  situated  partly  within  two  or  more 
counties,  jurisdiction  over  such  district  is  hereby  conferred  upon  the 
county  superintendent  of  schools  of  the  county  where  the  greater  num- 
ber of  school  children  of  such  district  reside,  but  jurisdiction  now  or 
hereafter  exercised  over  any  such  district  under  any  law  of  this  state 
shall  not  be  changed  to  the  superintendent  of  another  county  by  reason 


§§  1551-1576  POLITICAL   CODE.  206 

of  this  section  or  by  reason  of  any  change  in  the  number  of  school 
children  residing  in  the  district  unless  a  majority  of  the  electors  of  the 
district  vote  in  favor  of  such  change  at  an  election  called  for  such 
purpose  by  the  board  of  trustees  of  the  district.  When  a  new  district 
is  formed  the  board  of  supervisors  of  each  county  in  which  any  part 
of  the  district  is  situated  shall  designate,  in  the  order  creating  the  dis- 
trict, the  county  superintendent  W'hieh  shall  have  jurisdiction  thereover, 
and  such  d^etermination  shall  be  final  until  changed  by  vote  of  the 
electors  of  the  district  as  hereinbefore  provided.  [New  section  added 
May  IS,  1917;  Stats.  1917,  p.  712.] 

§  1551.  County  superintendent's  annual  report.  Every  school  super- 
intendent in  this  state  must,  on  or  before  the  first  day  of  August  in 
each  year,  rejiort  to  the  superintendent  of  public  instruction,  and  to  the 
board  of  supervisors  of  his  county,  the  average  daily  attendance  in  the 
day  and  evening  elementary  schools  and  the  special  day  and  evening 
elementary  school  classes,  the  average  daily  attendance  in  the  day  and 
evening  high  schools  and  the  special  day  and  evening  high  school  classes 
and  the  average  dailj^  attendance  of  pupils  upon  part-time  vocational 
courses  maintained  by  high  school  districts  for  persons  engaged  three 
or  more  hours  each  in  academic  and  in  educative  occupational  work,  as 
provided  for  in  section  one  thousand  seven  hundred  fifty  c  of  this  code, 
as  appears  by  the  teachers'  reports  on  file  in  his  office  for  the  school 
year  immediately  preceding.  It  shall  be  the  duty  of  every  county 
superintendent  to  inquire  and  ascertain  whether  the  boundaries  of  the 
school  districts  in  his  county  are  definitely  and  plainly  described  in  the 
records  of  the  board  of  supervisors,  and  to  keep  in  his  office  a  full  and 
correct  transcript  of  such  boundaries.  In  case  the  boundaries  of  dis- 
tricts are  conflicting  or  incorrectly  described,  he  shall  report  such  fact 
to  the  board  of  supervisors,  and  the  board  of  supervisors  shall  immedi- 
ately take  such  steps  as  are  necessary  to  change,  harmonize  and  clearly 
define  tluMu.  The  county  superintendent,  if  he  deem  it  necessary,  may 
order  tlx'  description  of  the  district  boundaries  printed  in  pamphlet 
form,  and  pay  for  the  same  out  of  tlie  unapportioned  county  school  fund 
of  the  county.  [Amendment  approved  May  31,  1917;  Stats.  1917, 
p.    1384. 1 

§  1576.  Each  city  separate  school  district.  Annexation  of  territory. 
Deemed  part  of  city  for  election  purposes.  Every  city  or  incorporated 
town,  ('xce]>t  cities  and  towns  of  tlie  sixth  class,  unless  subdivided  by 
the  legislative  authority  thereof,  shall  constitute  a  separate  school  dis- 
trict which  shall  be  governed  by  the  board  of  education  or  board  of 
.school  trustees  of  such  city  or  incorporated  town;  provided,  however, 
that  in  no  instance  shall  the  territory  within  an  incorporated  city  of 
tlu!  sixth  class  be  in  more  than  one  school  district;  and  provided,  fur- 
ther, that  whenever  a  city  or  town  shall  be  incorporated,  except  a  city 
or  town  of  the  sixth  class,  the  board  of  supervisors  of  the  county  may 
;iiinex  thereto,  for  school  purposes  only,  the  remainder,  or  any  part  of 
the  remainder,  of  the  district  or  districts  from  which  such  city  or  in- 
corporated town  was  organized,  whenever  a  majority  of  the  heads  of 
familioH  residing  therein,  shall  petition  for  such  annexation;  and  pro- 
vided, further,  that  the  board  of  supervisors  may  include  more  territory 


207  POLITICAL  CODE.        §§  1578, 1579 

thau  the  remainder  of  the  district  or  districts  from  which  the  city  or 
incorporated  town  was  organized,  whenever  a  petition  for  such  purpose 
is  presented  to  them,  signed  by  a  majority  of  the  heads  of  families  re- 
siding in  such  additional  territory.  When  said  remainder  or  part 
thereof,  or  said  additional  oulside  territory,  has  been  annexed  to  said 
city  or  incorporated  town,  it  shall  be  deemed  a  part  of  said  city  or 
incorporated  town  for  the  purpose  of  holding  the  general  municipal 
election,  and  shall  form  one  or  more  election  precincts,  as  may  be  de- 
termined by  the  legislative  authority  of  said  city  or  incorporated  town, 
the  qualified  electors  of  which  shall  vote  only  for  the  board  of  educa- 
tion, or  the  board  of  school  trustees;  and  such  outside  territory  shall  be 
deemed  to  be  a  part  of  said  city  or  incorporated  town  for  all  matters 
connected  with  the  school  department  thereof,  for  the  annual  levying 
and  collecting  of  the  property  tax  for  the  school  fund  of  said  city  or 
incorporated  town;  and  for  all  purposes  specified  in  sections  one  thou- 
sand eight  hundred  eighty  to  one  thousand  eight  hundred  eighty-eight 
of  this  code,  inclusive;  provided,  however,  that  the  last  assessment-roll 
made  by  the  county  assessor  shall  be  the  only  basis  of  taxation  for  such 
school  district  on  the  property  outside  the  corporate  limits  so  annexed 
for  school  purposes.  [Amendment  approved  April  26,  1917;  Stats.  1917, 
p.  208.] 

§  1578.  Duty  of  superintendent  on  receipt  of  petition.  When  a  peti- 
tion is  presented  under  the  foregoing  section  to  the  county  superin- 
tendent of  schools  he  shall  examine  the  same  and  if  he  finds  the  same 
sufficient  and  signed  as  required  by  the  section  he  shall  set  the  same 
for  hearing  by  the  board  of  supervisors  of  his  county  at  a  regular  meet- 
ing thereof  and  forthwith  file  the  same  with  said  board  accompanied 
by  his  recommendations  and  a  notice  containing  a  general  statement  of 
the  purpose  of  the  petition  and  of  the  boundaries  of  the  proposed  new 
district,  or  the  change  of  boundaries,  as  the  case  may  be,  and  the  time 
and  place  when  aad  where  the  petition  will  be  heard.  At  least  ten 
days  prior  to  said  date  of  hearing  he  shall  send  by  registered  mail  a 
copy  of  such  notice  to  each  of  the  trustees  of  each  school  district  which 
may  be  affected  by  the  proposed  change,  if  any,  and  shall  post  for  the 
same  period  copies  thereof  in  at  least  three  public  places  in  the  territory 
proposed  to  be  included  in  the  new  district  and  in  at  least  three  public 
places  in  each  of  the  districts  affected  thoreby,  if  any,  one  of  which 
shall  be  posted  at  the  door  of  a  schoolhouse,  if  any,  of  each  of  such 
districts.  He  shall  attach  to  said  original  notice  and  submit  therewith 
to  said  board  of  supervisors  his  affidavit  of  mailing  and  posting  of  said 
copies.  Upon  the  filing  with  it  of  such  petition,  recommendations,  notice 
and  affidavit  as  herein  required,  the  board  of  supervisors  shall  have 
jurisdiction  to  hear  and  determine  said  petition.  [Amendment  approved 
May  14,  1917;  Stats.  1917,  p.  568.] 

§  1579.  Duty  of  board  of  supervisors.  The  board  of  supervisors 
must,  at  the  time  and  place  fixed  in  the  notice  mentioned  in  the  preced- 
ing section,  hear  all  persons  interested  in  the  petition  and  may  continue 
the  hearing  thereof  from  time  to  time  but  for  not  more  than  two  weeks 
in  all.  If  it  approves  the  petition  it  must,  by  an  order  entered  upon 
its  minutes,  establish  the  district  and  define  its  boundaries,  or  order  the 


§§  1582  POLITICAL  CODE.  208 

(^-liauge  of  boundaries,  as  the  case  may  be,  but  no  territory  not  iueludecl 
in  the  petition  shall  be  included  in  any  district  until  a  notice  and  hear- 
ing has  been  given  as  required  by  the  preceding  section.  A  copy  of 
such  order,  certified  by  the  clerk  of  such  board,  shall  be  recorded  in  the 
office  of  the  county  recorder  of  each  county  in  which  any  such  new 
district  is  situated,  or  in  each  county  where  the  district  whose  bound- 
aries are  changed  is  situated,  and  such  order  shall,  after  the  expiration 
of  one  year  from  the  date  of  the  recording  thereof,  be  conclusive  evi- 
dence that  such  district  has  been  legally  organized,  or  the  boundaries 
legally  changed,  as  the  case  may  be.  After  the  expiration  of  such  time 
no  suit  shall  be  maintained  which  calls  in  question  the  validity  of  such 
organization  or  change  of  boundaries.  [Amendment  approved  May  14, 
1917;   Stats.   1917,  p.  568.] 

§  1582.     Suspension  of  school  district.     District  declared  lapsed,     (a) 

If  in  any  school  district  there  has  been  an  average  daily  attendance  of 
only  five  or  a  number  of  pupils  less  than  five  during  the  whole  school 
year,  the  superintendent  shall,  after  giving  due  notice  to  all  parties 
interested  by  sending  notices  by  registered  mail  to  each  of  the  trustees, 
or,  by  causing  notices  to  be  posted  in  three  public  places  in  the  district, 
one  of  which  shall  be  at  the  door  of  the  schoolhouse,  for  not  less  than 
ten  days,  report  the  fact  to  the  board  of  supervisors  at  their  first  meet- 
ing in  August.  The  board  of  supervisors  shall  investigate  the  matter, 
and,  if  in  its  judgment  it  would  be  bstter  to  temporarily  suspend  the 
school  district  they  shall  immediately  so  suspend  it.  If  the  board  of 
supervisors  find  that  there  are  other  school  facilities  or  that  there  is  no 
reasonable  chance  to  re-establish  the  district  they  shall  declare  the  dis- 
trict lapsed,  and  shall  attach  the  territory  thereof  to  one  or  more  of  the 
adjoining  districts  in  such  manner  as  may  be  by  them  considered  most 
convenient  for  the  residents  of  said  lapsed  district. 

(b)  Suspended  school  district  re-established.  At  the  meeting  of  the 
board  of  supervisors  in  tlie  months  of  July,  August;*  or  September,  the 
board  of  supervisors  may  re-establish  a  suspended  school  district  upon 
proper  showing  of  the  people  or  board  of  school  trustees  of  the  district 
that  tliere  are  eight  or  more  pupils  of  the  district  ready  to  attend  school. 

((■)  Apportionment  for  suspended  district.  After  a  district  has  been 
suspended,  the  county  superintendent  shall  at  the  time  of  making  the 
ap]iortionment  of  scliool  moneys  as  pro\  ided  in  section  one  thousand 
eight  hundred  fifty-eight  of  the  Political  Code,  set  aside  for  such  sus- 
pended district,  the  sum  of  five  liuudred  fifty  dollars.  This  amount, 
witii  any  unexpended  balance  In  Ihe  croilit  (,f  tlie  disti-ict.  shall  be  held 
i'ny  the  use  of  tlic  suspended  district,  in  case  it  should  be  re-establlished, 
•■III (I  so  much  of  it  as  may  be  needed  to  keep  the  property  of  the  sus- 
pended district  insured  may  be  expended  by  the  trustees  in  the  same 
manner  as  if  the  district  were  not  suspended.  But  no  subsequent  appor- 
lionmcnt  sliall  be  made  to  a  suspended  district,  until  it  is  reestablished 
as  provided  in  subdivision  three  of  this  section. 

(<\}  Trustees.  'I'mslees  shall  be  elected  or  ;i|ipi)inte(l  in  suspended 
ilistricts  JMst   :is  if  they  were  not  suspended. 

(>•)  Notice  that  district  lapsed.  Tlic  S(i|jci  intcndenf  may  at  any  time 
in  tlie  month  of. July  of  any  year  give  notice  as  provided  in  subdivision 


20n  POLITICAL    CODE.  §  1593 

two  of  this  scH'lioii,  to  any  .suspoiidod  district  which  has  not  maintained 
school  during  the  year  juist,  and  at  the  first  meeting  of  the  board  of 
supervisors  in  August  asU   that  such  district  be  declnred  lapsed. 

(f)  Suspended  district  merged  with  adjoining  district.  A  suspended 
district  may  l)e  merged  with  one  or  more  adjoining  districts  whenever 
a  petition  signed  by  the  niajority  of  heads  of  families  residing  in  each 
of  said  districts  shall  be  presented  to  the  board  of  supervisors.  Such 
petition  must  be  filed  with  the  county  superintendent  and  by  him  pre- 
sented to  the  board  of  supervisors  with  such  suggestions  as  he  thinks 
best. 

(g)  Disposition  of  property  of  lapsed  district.  When  any  district 
has  been  declared  lapsed,  the  board  of  supervisors  shall  sell  or  other- 
wise dispose  of  the  property  thereto  belonging,  and  shall  place  the  pro- 
ceeds of  such  sale  to  the  credit  of  the  district.  Thereupon  the  superin- 
tendent shall  determine  all  outstanding  indebtedness  of  said  lapsed 
district,  and  shall  draw  his  requisition  upon  the  county  auditor  in  pay- 
ment thereof.  Any  balance  of  moneys  remaining  to  the  credit  of  said 
lapsed  district  after  all  indebtedness  has  been  paid  shall  be  transferred 
by  the  superintendent  to  the  credit  of  the  district  into  which  the  said 
lapsed  district  has  been  merged.  If  the  lapsed  .district  has  been  at- 
tached to  more  than  one  of  the  adjoining  districts,  the  superintendent 
must  apportion  the  moneys  remaining  to  the  credit  of  the  lapsed  district 
to  the  several  districts  pro  rata  according  to  the  average  daily  attend- 
ance in  the  respective  districts  as  shown  by  the  teachers'  reports  for 
the  preceding  school  year.  Should  there  not  be  suf3ficient  funds  to  the 
credit  of  the  lapsed  district  to  liquidate  all  of  the  outstanding  indebted- 
ness thereof,  the  sujaerintendent  shall  .draw  his  requisition  upon  the 
county  auditor  pro  rata  for  the  several  claims.  [New  section  added 
May  29,  1917;  Stats.  1917,  p.  1287.] 

§  1593.  Election  of  school  trustees.  First — An  election  for  school 
trustees  must  be  held  in  each  school  district  on  the  last  Friday  of  March 
of  each  year,  at  the  district  schoolhouse,  if  there  is  one,  and.  if  there  is 
none,  at  the  place  to  be  designated  by  the  board  of  trustees. 

Number.  Second — The  number  of  school  trustees  for  any  school  dis- 
trict, except  where  city  boards  are  otherwise  authorized  by  law,  shall 
lie  three.  No  persons  shall  be  deemed  ineligible  to  the  office  of  trustee 
on  account  of  sex. 

Trustees  in  new  districts.  Third — In  new  school  districts  the  school 
trustees  shall  be  elected  on  the  last  Fridaj'^  of  March  subsequent  to  the 
formation  of  the  district,  to  hold  office  for  one,  two  and  three  j^ears, 
respectively,  from  the  first  day  of  May  next  succeeding  their  election. 

Vacancies.  Fourth — When  a  vacancy  occurs  from  any  of  the  causes 
specified  in  section  nine  hundred  ninety-six  of  this  code,  the  county 
superintendent  of  schools  shall  appoint  a  suitable  person  to  fill  such 
vacancy   to  hold  office   for  the  remainder  of  the  unexpired  term. 

One  trustee  elected  annually.     Fifth — Except  as  provided  in  subdivi- 
sions two   and -three  of  this  section,   one  trustee  shall  be  elected  annu- 
ally, to  hold  office  for  three  years  from  the  first  day  of  May  next  sue- 
14 


§§  1599-1603a  political  code.  210 

ceeding  his  election,  or  until  his  successor  shall  be  elected,  or  appointed^ 
and  Qualified.      [Amendment  approved"May  18,  1917;  Stats.  1917,  p.  734.] 

§  1599.  Fonn  of  ballots  for  election  of  school  trustees.  Manner  of 
voting.  Secret  ballot.  Each  county  superintendent  of  schools  shall  fur- 
nish uniform  ballots  for  the  election  of  school  trustees  in  his  county, 
and  no  other  form  of  ballot  shall  be  used.  The  expense  of  printing 
and  distributing-  such  ballots  to  the  various  districts  shall  be  paid  as 
other  current  expenses  of  his  office.  The  form  of  said  ballots  shall  be 
as  follows: 

OflScial  ballot  provided  by  the  ofiice  of  the  superintendent  of  schools 

to   be   used   in   the   election   of   school   trustees   in   district,   in   the 

county  of  . 

Immediately  following  the  above  there  shall  be  at  least  twelve  spaces 
for  the  insertion  of  the  names  of  candidates,  each  space  with  a  blank 
square  for  the  expression  of  the  will  of  the  voter. 

The  name  of  the  county  shall  be  printed  in  as  a  part  of  the  official 
ballot. 

The  school  trustees  must  provide  for  printing,  stamping  or  writing 
into  this  ballot  the  designation  of  the  district  and  the  name  of  each 
candidate  for  office  who  has  officiallj^  announced  himself  five  days  prior 
to  the  date  of  the  election  by  filing  or  having  filed  with  the  clerk  of 
the  board  of  trustees  a  written  statement  signed  by  him  that  he  is  a 
candidate  for  the  office  of  trustee. 

In  casting  his  vote  the  elector  must  stamp  or  write  a  cross  in  the 
square  space  immediately  following  the  name  of  the  candidate  for  whom 
he  desires  to  vote,  or,  should  the  elector  desire  to  vote  for  a  candidate 
whose  name  does  not  appear  on  the  ballot,  he  shall  himself  write  the 
name  of  said  candidate  in  the  space  provided  for  that  purpose  on  the 
ballot.  Where  the  elector  writes  the  name  of  a  candidate  on  the  ballot 
he  may,  but  it  shall  not  be  necessary  for  him  to,  designate  his  vote 
by  writing  or  stamping  the  cross  after  such  name.  After  properly 
marking  his  ballot  he  shall  hand  it  to  the  inspector  who  shall  then,  in 
his  presence,  deposit  the  same  in  the  ballot-box  and  the  judges  shall 
enter  the  elector's  name  on  the  poll  list. 

The  board  of  school  trustees  may  arrange  for  secret  ballot  by  pro- 
viding a  booth  or  private  room  in  which  the  voter  may  prepare  his 
ballot,  and  in  districts  employing  two  or  more  teachers  they  must  ar- 
range for  such  secret  ballot  in  the  manner  prescribed  above. 

iS"o  electioneering  shall  be  carried  on  within  one  hundred  feet  of 
the  polls.      [Amendment  approved  March  21,  1917;  Stats.  1917,  p.  15.] 

§  1603.  Board  of  school  trustees.  Except  when  otherwise  authorized 
liy  law,  every  school  district  sliall  be  under  the  control  of  a  board  of 
school  trustees,  consisting  of  three  members.  [New  section  added  May 
18,  1917;  Stats.  1917,  p.  735. J 

§  1603a.  Term.  The  term  of  office  of  school  trustees  is  three  years 
from  the  first  day  of  May  next  succeeding  their  election.  [New  section 
added  May  18,  1917;  Stats.  1917,  p.  735.] 


211  poLrncAL  code.  §§  1604-1607 

§  1604.  When  new  district  organized.  First — When  a  new  district 
is  organized,  such  of  the  trustees  of  the  old  district  as  reside  within  the 
boundaries  of  the  new  shall  be  trustees  of  the  new  district  until  the 
expiration  of  the  time  for  which  they  were  elected. 

When  joint  districts  formed.  Term.  Second — When  joint  districts  are 
formed,  three  trustees  shall  be  elected  at  the  regular  school  election 
next  succeeding  the  formation  thereof,  to  hold  office  for  one,  two,  and 
throe  years  respectively  from  the  first  day  of  May  next  succeeding  their 
election. 

The  terms  of  the  trustees  in  the  districts  uniting  to  form  the  joint 
district  shall  expire  on  the  formation  of  such  district,  and  the  superin- 
tendent of  the  county,  in  which  lies  the  district  having  the  greatest 
average  daily  attendance,  shall  appoint  two  trustees,  and  the  superin- 
tendent of  the  county  in  which  the  other  district  lies  shall  appoint  one 
trustee,  to  hold  office  until  the  first  day  of  May  next  succeeding  the 
formation  of  the  joint  district.  [New  section  added  May  18,  1917; 
Stats.  1917,  p.  735.] 

§  1605.  Vacancies.  First — Vacancies  in  the  office  of  school  trustee 
are  caused  by  the  happening  of  any  of  the  events  specified  in  section 
nine  hundred  ninety-six  of  the  Political  Code,  or  by  failure  to  elect, 
as  provided  in  section  one  thousand  five  hundred  ninety-three  of  this 
code. 

Resignations.  Second— When  a  school  trustee  resigns,  his  resignation 
must  be  sent  in  writing  to  the  county  superintendent  of  schools.  [New 
section   added  May   18,   1917;   Stats.   1917,  p.   736.] 

§  1606.  City  boards  of  education.  Boards  of  education  are  elected 
in  cities  under  the  provisions  of  the  laws  governing  such  cities,  and 
their  powers  and  duties  are  as.  prescribed  in  such  laws,  except  as  other- 
wise in  this  chapter  provided.  [New  section  added  May  18,  1917; 
Stats.  1917,  p.  736.] 

§  1607.  Powers.  Boards  of  school  trustees  and  city  boards  of  educa- 
tion shall  have  power,  and  it  shall  be  their  duty: 

Prescribe  rules.  First- — To  prescribe  and  enforce  rules  not  inconsist- 
ent with  law,  or  with  those  prescribed  by  the  state  board  of  education, 
for  their  own  government  and  for  the  government  of  the  schools  under 
their  jurisdiction,  and  to  transact  their  business  at  regular  or  special 
meetings  called  for  such  purpose.  The  board  shall  fix  the  time  for  its 
regular  meetings,  and  such  action  shall  be  proper  notice  to  all  members 
of  the  board  of  such  meetings,  but  for  any  special  meetings,  written 
notice  must  be  given  to  each  member  of  the  board  at  least  twenty-four 
hours  prior  to  the  time  for  the  meeting,  unless  at  the  time  of  the  meet- 
ing each  and  every  member  of  the  board  waives  such  written  notice. 

Enforce  course  of  study.  Second — To  enforce  in  schools  the  course 
of  study  and  the  use  of  text-books  prescribed  and  adopted  by  the 
proper  authority. 

Exclude  sectarian  books.  Third— To  exclude  from  school  and  school 
libraries  all  books,  publications,  or  papers  of  a  sectarian,  partisan  or 
denominational  character. 


§§  1608,  1609  POLITICAL   CODE.  212 

Annual  report.  Fourth — To  make  an  annual  report,  on  or  before  the 
first  day  of  Jul.y,  to  the  superintendent  of  schools  in  the  manner  and 
form   and    on    the    blanks   prescribed    by    the    superintendent    of    public 

instruction. 

Report  of  text-'books.  Fifth — To  make  a  report,  whenever  required, 
directly  to  the  superintendent  of  public  insti'uction  of  the  text-books 
used  in  their  schools. 

Visit  schools.  Sixth — To  visit  each  school  in  their  district  at  least 
once  in  each  term  and  to  examine  carefully  into  the  management,  con- 
ditions and  needs  of  those  schools,  except  in  school  districts  which 
employ  district  or  city  superintendents  of  schools,  and  in  those  dis- 
tricts to  visit  such  schools  or  provide  that  they  shall  be  visited  by  the 
district  or  city  superintendent  of  schools  or  his  assistants.  [New  sec- 
tion added  May  18,  1917;  Stats.  1917,  p.  736.] 

§  1608.  Powers  of  school  trustees  and  city  hoards  of  education. 
Boards  of  school  trustees  and  city  boards  of  education  shall  have  power, 
and  it  shall  be  their  duty: 

Manage  school  property.  First — To  manage  and  to  control  school 
property  within  their  districts,  and  to  pay  all  moneys  received  by  them 
or  collected  by  them  from  any  source  whatever,  and  all  moneys  appor- 
tioned to  them  from  taxes  levied  and  collected  under  the  authority  of 
city  councils  for  school  purposes,  into  the  county  treasury  to  be  placed 
to  the  credit  of  the  proper  fund  of  their  districts. 

Purchase  school  furniture.  Second — Except  as  otherwise  provided  in 
this  code,  to  purchase  school  furniture,  including  musical  instruments, 
and  apparatus,  and  such  other  articles  as  may  be  necessary  for  the  use 
of  schools;  provided,  that  except  in  city  school  districts  governed  by 
boards  of  education,  they  shall  purchase  such  books  and  apparatus  only 
as  have  been  adopted  by  the  county  board  of  education. 

Insure,  etc.,  school  property.  Third — To  furnish,  repair,  and  insure 
and  in  their  discretion,  rent,  the  school  property  of  their  respective  dis- 
tricts, such  insurance  to  be  written  in  any  solvent  insurance  company, 
doing  business  in  this  state,  or  in  any  mutual  insurance  company  organ- 
ized under  the  laws  of  this  state. 

Build  schoolhouses.  Fourth — When  directed  by  a  vote  of  their  dis- 
tricts to  build  schoolhouses  or  to  purchase  or  sell  school  lots. 

Receive  and  make  conveyances.  Fifth — To  receive  in  tlie  name  of  the 
district  conveyances  for  all  property  received  and  purcluised  by  them, 
and  to  make  in  the  name  of  the  district  conveyances  on  all  property 
belonging  to  the  district  and  sold  by  tliem.  [New  section  added  May 
18,  1917;   Stats.   1917,  p.   737.] 

§1609.  Powers  of.  Boards  of  school  trustees  and  city  boards  of 
edncalioii   siiall    have   jiovver,   and   it  shall   be   their  duty: 

Employ  principal.  City  superintendent  of  schools.  First— To  employ 
a  jtrincipal  for  each  school  under  their  control,  and  tliey  may  employ  a 
district  superintendent  for  one  or  more  schools  employing  eight  teachers 


213  POLITICAL    CODE.  §  1609 

or  more  under  their  control.  In  each  city  school  district  governed  by  a 
city  board  of  education,  such  board  may  employ  a  city  superintendent 
of  schools  and  such  deputy  or  assistant  city  superintendents  as  it  may 
deem  necessary  and  fix  and  order  paid  their  compensation  unless  the 
same  be  otherwise  prescribed  by  law.  Any  deputy  city  superintendent 
of  schools,  or  assistant  city  superintendent  of  schools,  or  district  super- 
intendent may  be  elected  for  a  term  of  four  years. 

Employ  teachers.  Pay.  For  less  than  school  year.  Second — To  em- 
jiloy  the  teachers,  and  imniodiutely  notify  the  county  superintendent  of 
schools  in  writing,  of  such  employment,  naming  the  grade  of  certificate 
lield  by  the  teacher  employed;  also  to  employ  janitors  and  other  em- 
jdoyees  of  the  school;  to  fix  and  order  paid  their  compensation,  unless 
the  same  be  otherwise  prescribed  by  law;  provided,  that  no  board  shall 
enter  into  any  contract  with  such  employees  to  extend  beyond  the  close 
of  the  next  ensuing  school  year;  except  that  teachers  may  be  elected 
on  or  after  June  first  for  the  next  ensuing  school  year,  and  each  teacher 
so  elected  shall  be  deemed  re-elected  from  year  to  year  thereafter  unless 
the  governing  body  of  the  school  district  shall  on  or  before  the  tenth 
day  of  June  give  notice  in  writing  to  such  teacher  that  his  services 
will  not  be  required  for  the  ensuing  school  year,  i  Such  notice  shall  be 
deemed  sufficient  and  complete  when  delivered  in  person  to  the  teacher 
by  the  clerk  or  secretary  of  the  governing  body  of  the  school  district, 
or  deposited  in  the  United  States  mail  with  postage  prepaid  -addressed 
to  such  teacher  at  his  last  known  place  of  address;  provided,  that  any 
teacher  who  shall  fail  to  signify  his  acceptance  within  twenty  days 
after  notice  of  his  election  or  em2:)loyment  has  been  given  or  mailed 
shall  be  deemed  to  have  declined  the  same.  Any  board  of  trustees  or 
city  board  of  education  may  arrange  to  pay  the  teachers  or  principals 
so  employed  by  them  in  ten  or  eleven  or  twelve  equal  payments  instead 
of  by  the  school  month;  provided,  however,  that  where  the  board  of 
trustees  or  city  board  of  education  arranges  to  pay  the  teachers 
or  principals  employed  by  them  in  twelve  equal  payments  for  the 
year,  they  shall  begin  such  payments  on  the  first  day  of  the  calen- 
dar month  following  the  opening  of  schools  for  the  current  year  in  all 
cases  where  school  is  opened  during  the  month  of  July,  and  in  all  cases 
where  school  is  not  opened  during  the  month  of  July  the  board  of  trus- 
tees or  city  board  of  education  may  withhold  such  warrant  or  warrants 
which  may  have  fallen  due  prior  to  the  opening  of  school  until  the 
teachers  or  principals  so  employed  by  them  shall  have  returned  to  the 
employment  for  which  they  were  engaged  by  the  board  of  school  trus- 
tees or  the  city  board  of  education  and  shall  have  resumed  their  respec- 
tive duties,  and  then  such  payments  shall  be  continued  from  month  to 
month  on  the  first  day  of  each  calendar  month  thereafter  until  said 
teachers  have  been  paid  the  full  amount  due  to  them  for  that  fiscal 
year;  provided,  that  a  teacher  who  serves  less  than  a  full  school  year 
is  entitled  to  receive  as  salary  only  an  amount  that  bears  the  same 
ratio  to  the  established  annual  salary  for  such  position  as  the  time  he 
teaches  bears  to  the  annual  school  term;  provided,  that  whenever  the 
first  day  of  the  month  falls  upon,  a  holidaj',  payment  of  teachers'  salaries 
shall  be  made  on  the  following  day. 


§  1610  POLITICAL    CODE.  214 

Appoint  district  librarians.  Third — To  appoint  and,  in  their  discre- 
tion, pay  district  librarians,  and  enforce  the  rules  prescribed  for  the 
government  of  district  libraries. 

Employ  supervisors.  Fourth — To  employ  in  their  discretion  super- 
visors of  subjects  and  to  fix  and  order  paid  their  compensation  unless 
the  same  be  otherwise  prescribed  by  law.  [New  section  added  May  18, 
1917;  Stats.  1917,  p.  737.] 

§  1610,  Powers  and  duties  of  school  and  city  boards  of  education. 
Board  of  school  trustees  and  city  boards  of  education  shall  have  power, 
and  it  shall  be  their  duty: 

Suspend  pupils.  First — To  suspend  or  expel  pupils  for  misconduct, 
when  other  means  of  correction  have  failed  to  bring  proper  conduct. 

Exclude  children.  Children  under  six  admitted  when.  Second — To  ex- 
clude from  the  schools  children  under  six  years  of  age,  except  as  herein- 
after provided;  provided,  that  where  the  kindergarten  is  part  of  the  day 
elementary  schools,  children  may  be  admitted  to  the  kindergarten  classes 
at  four  and  one-half  years  of  age;  and  provided,  further,  that  where 
any  district  has  established  a  school  for  the  instruction  of  the  deaf, 
such  children  may  be  admitted  to  the  deaf  school  at  three  years  of  age. 
In  the  enforcement  of  the  provisions  of  this  section  children  shall  be 
admitted  to  the  beginning  classes  of  any  school  during  the  first  month 
of  the  school  year,  or  when  the  school  year  is  divided  into  school  terms, 
during  the  first  month  of  each  term,  and  children  who  will  be  six  years 
of  age  before  the  end  of  the  six  months  of  the  school  year,  or  before 
the  end  of  the  third  month  of  the  school  term,  shall  be  admitted  at 
the  beginning  of  the  school  year,  or  the  school  term,  and  children  who 
will  not  be  six  years  of  age  by  the  end  of  the  period  specified  shall 
not  be  admitted  until  the  beginning  of  another  school  year  or  school 
term.  Beginners  shall  in  like  manner  be  admitted  to  the  beginning 
classes  of  the  kindergarten  during  the  first  month  of  the  school  year, 
or  of  the  school  term,  if  the  school  year  be  divided  into  terms,  if  such 
children  will  be  four  and  one-half  years  of  age  before  the  end  of  the 
sixth  month  of  the  school  year  and  before  the  end  of  the  third  month 
of  the  school  term,  and  children  who  will  not  be  four  and  one-half  years 
of  age  within  tlie  period  specified  shall  not  be  admitted  to  the  kinder- 
garlen  classes,  until  the  beginning  of  another  school  year  or  term. 

Register.  Third — To  cause  the  principal  to  keep  a  register  open  to 
tlic  iiispcction  of  the  public,  of  all  children  applying  for  admission  and 
entitled  to  be  admitted  into  the  public  schools,  and  to  notify  the  par- 
ents or  guardians  of  such  children  when  vacancies  occur,  and  receive 
siii-li  children  into  the  scliools  in  the  order  in  which  they  are  registered. 

Permit  children  from  other  districts  to  attend.  Fourth — To  permit 
children  from  other  districts  to  attend  the  schools  of  their  district  only 
.upon  the  consent  of  the  trustees  of  the  district  in  which  such  children 
reside;  provided,  that  should  the  trustees  of  the  district  in  which 
children  whose  parents  or  guardians  desire  them  to  attend  in  other  dis- 
tricts  reside,    refuse    to    grant    tlieir    cojisent,    the    jiaronts    or   giiardians 


215  POLITICAL    CODE.  §  1611 

of    such    children    may    appeal    to    the    county    superintendent    and    his 
decision  shall  be  final. 

Care  to  health.  Fifth — To  give  diligent  care  to  the  health  and  physi- 
cal development  of  pupils,  and  where  sufficient  funds  are  provided  by 
district  taxation,  to  employ  properly  certificated  persons  for  such  work. 

Provide  transportation.  Sixth — To  provide,  with  the  written  ap- 
proval of  the  superintendent  of  schools,  for  the  transportation  of  pupils 
to  and  from  school  whenever  in  their  judgment  such  transportation  is 
advisable,  and  good  reasons  exist  therefor,  to  purchase  or  rent  and  pro- 
vide for  the  upkeep,  care,  and  operation  of  vehicles,  or  to  contract  and 
pay  for  the  transportation  of  pupils  to  and  from  school  by  common  car- 
rier, or  to  contract  with  and  pay  responsible  private  parties  for  such 
transportation;  provided,  that  in  order  to  secure  such  service  at  the 
lowest  possible  figure  consistent  with  proper  and  satisfactory  service, 
boards  of  education  and  boards  of  school  trustees  shall  secure  bids  for 
the  items  of  service  contemplated  in  this  subdivision;  and  provided,  fur- 
ther, that  no  board  shall  make  any  purchase  or  enter  into  any  contract 
for  such  service  without  securing  the  written  approval  of  the  county 
superintendent  of  schools.  [New  section  added  May  18,  1917;  Stats. 
1917,  p.  739.] 

§  1611.  Meetings  of  electors.  Notices.  Organization.  Powers  of 
meeting.  Litigation.  Boards  of  trustees  in  school  districts,  not  includ- 
ing districts  having  city  boards  of  education,  may,  and  upon  a  petition 
signed  by  a  majority  of  the  heads  of  families  resident  in  the  district, 
must  call  meetings  of  the  qualified  electors  of  the  district  for  deter- 
mining or  changing  the  location  of  the  schoolhouse,  or  for  consultation 
in  regard  to  any  litigation  in  which  the  district  may  be  engaged,  or  be 
likely  to  become  engaged  or  in  regard  to  any  affairs  in  the  district. 
Such  meetings  shall  be  called  by  posting  three  notices  in  public  places, 
one  of  which  shall  be  in  a  conspicuous  place  on  the  schoolhouse,  for  not 
less  than  ten  days  previous  to  the  time  for  which  the  meeting  shall  be 
called,  which  notices  shall  specify  the  purposes  for  which  said  meetings 
shall  be  called;  and  no  other  business  shall  be  transacted  at  such  meet- 
ings. District  meetings  shall  be  organized  by  choosing  a  chairman  from 
the  electors  present,  and  the  district  clerk  shall  be  clerk  of  the  meeting, 
and  shall  enter  the  minutes  thereof  on  the  records  of  the  district.  A 
meeting  so  called  shall  be  competent  to  instruct  the  board  of  trustees: 

1.  In  regard  to  the  location  or  change  of  location  of  the  schoolhouse 
or  the  use  of  the  same  for  other  than  school  purposes;  provided,  that 
in  no  case  shall  the  schoolhouse  be  used  for  purposes  which  necessitate 
the  removal  of  any  school  desks  or  other  school  furniture. 

2.  In  regard  to  the  sale  and  purchase  of  school  sites. 

3.  In  regard  to  prosecuting,  settling  or  compromising  any  litigation  in 
which  the  district  may  be  engaged,  or  be  likely  to  become  engaged,  and 
may  vote  money  not  exceeding  one  hundred  dollars  in  any  one  year, 
for  any  of  these  purposes  in  addition  to  any  amount  which  may  be 
raised  by  the  sale  of  district  school  property,  and  the  insurance  of 
property  destroyed  by  fire;  provided,  that  the  proceeds  of  the  insurance 
of  the  library  and  apparatus  shall  be  paid  into  the  library  fund.     All 


§§  1612,  1613  POLITICAL  CODE.  216 

funds  raised  by  the  sale  of  school  proijerty  may  be  disposed  of  by 
direction  of  a  district  meeting.  District  meetings  may  be  adjourned 
from  time  to  time,  as  found  necessary,  and  all  votes  instructing  the 
board  of  trustees  shall  be  taken  by  ballot,  or  by  ayes  and  noes  vote, 
as  the  meeting  may  determine.  The  board  of  trustees  shall,  in  all  cases, 
be  bound  by  the  instructions  of  the  district  meeting  in  regard  to  the 
subjects  mentioned  in  this  section;  provided  that  the  vote  in  favor  of 
changing  the  location  of  the  sehoolhouse  be  two-thirds  of  all  the  elect- 
ors voting  at  said  meeting  upon  the  proposition  to  change  the  location. 
[Amendment  approved  May  .18,  1917;   Stats.  1917,  p.  710. J 

§  1612.  Contracts.  Bids.  Estimates.  Boards  of  school  trustees  and 
city  boards  of  education  shall  have  power  and  it  shall  be  their  duty 
to  let  all  contracts  involving  an  expenditure  of  more  than  two  hundred 
dollars  for  work  to  be  done  or  for  material  or  supplies  to  be  furnished, 
to  the  lowest  responsible  bidder  who  will  give  such  security  as  the  board 
may  require,  or  else  to  reject  all  bids;  provided,  that  continuing  con- 
tracts for  materials  and  supplies  may  be  made  with  an  accepted  bidder 
for  a  period  of  one  year;  and  provided,  further,  that  the  board  may 
repair  old  buildings  by  day's  labor.  For  the  purpose  of  securing  bids 
the  board  must  publish  a  notice  calling  for  bids,  stating  the  work  to 
be  done  or  materials  or  supplies  to  be  furnished,  and  the  time  when  and 
the  place  where  bids  will  be  opened,  at  least  once  a  week  for  two  weeks 
in  some  newspaper  of  general  circulation  published  in  the  county,  or  it 
there  is  no  such  paper,  then  in  some  newspaper  of  general  circulation^ 
circulated  in  such  county;  provided,  that  in  school  districts  having  an 
average  daily  attendance  of  one  thousand  or  more  pupils,  as  shown  by 
the  annual  report  of  the  county  superintendent  of  schools  for  the  pre- 
ceding school  year,  the  board  may  secure  from  responsible  bidders  at 
least  three  estimates  of  the  cost  of  such  work  to  be  done,  or  materials 
or  supplies  to  be  furnished,  such  estimates  to  be  secured  from  bona  fide 
dealers  or  craftsmen  engaged  in  the  business  or  in  handling  the  goods 
specified.  Said  estimates  must  be  submitted  in  writing  and  must  be 
filed  with  the  clerk  or  secretary  of  the  board,  and  if  any  of  such  esti- 
mates of  cost  is  less  than  five  hundred  dollars,  the  board  may  let  a 
contract  for  such  work,  material  or  supplies,  to  the  lowest  responsible 
bidder  without  publishing  such  notice  calling  for  bids.  [New  section 
added  May  18,  1917;  Stats.  1917,  p.  741.] 

§  1613.  Grant  use  of  school  buildings.  Boards  of  school  trustees  and 
city  boards  of  education  are  hereby  authorized  to  grant  the  use  of 
school  buildings  or  grounds  for  public,  literary,  scientific,  recreational 
or  educational  meetings,  or  for  the  discussion  of  matters  of  general  or 
jiublic  interest  upon  such  terms  and  conditions  as  said  board  may  deem 
proper;  provided,  however,  that  said  use  shall  not  be  inconsistent  with 
tlie  use  of  said  buildings  or  grounds  for  school  purposes,  nor  interfere 
wilh  Ihe  regular  conduct  of  school  work,  nor  be  granted  in  such  a  man- 
ner ;is  1o  conslitiife  a  mono]ioly  for  the  benefit  of  any  person  or  organ- 
i/.dtioii;  and  provided,  furtlier,  that  no  privilege  of  using  said  buildings 
or  groundw  shall  be  granted  for  a  period  exceeding  one  year,  such 
|irivjlego  being  rcncwaljlc  and  revocable  in  the  discretion  of  the  board 
fit  aiiv  time.      |Ainrn.lnicnl  Mjiproved  Miiy  18,  1917;  Stats.  1917,  p.  741.] 


217  POLITICAL  CODE.  §§  1614-1616 

§  1614.  Display  of  United  States  flag.  Boards  of  school  trustees  in 
all  school  districts  througiiout  tlie  state  and  boards  of  education  in  all 
cities  and  cities  and  counties  throughout  the  state  shall  provide  for  each 
schoolhouse  under  their  control,  a  suitable  flag  of  the  United  States, 
which  shall  be  hoisted  above  each  schoolhouse  during  all  school  sessions, 
weather  permitting.  It  shall  be  the  duty  of  boards  of  school  trustees 
and  boards  of  education  to  enforce  this  provision.  It  shall  also  be  the 
duty  of  such  boards  of  school  trustees  and  boards  of  education  to  pro- 
vide smaller  and  suitable  United  States  flags  to  be  displayed  in  each 
schoolroom  at  all  times  during  the  school  sessions.  It  shall  be  the  duty 
of  such  boards  of  trustees  and  boards  of  education  to  enforce  this  pro- 
vision.     [Amendment   approved   May   18,   1917;   Stats.   1917,   p.   742.] 

§  1615.  "Home  teachers."'  Duties.  Qualifications.  Boards  of  school 
trustees  or  city  boards  of  education  of  any  school  district,  may  employ 
teachers  to  be  known  as  "home  teachers,"  not  exceeding  one  such  home 
teacher  for  every  five  hundred  units  of  average  daily  attendance  in  the 
common  schools  of  said  district  as  shown  by  the  report  of  the  county 
superintendent  of  schools  for  the  next  preceding  school  year.  It  shall 
be  the  duty  of  the  home  teacher  to  work  in  the  homes  of  the  pupils, 
instructing  children  and  adults  in  matters  relating  to  school  attendance 
and  preparation  therefor;  also  in  sanitation,  in  the  English  language,  in 
household  duties  such  as  purchase,  preparation  and  use  of  food  and  of 
clothing  and  in  the  fundamental  principles  of  the  American  system  of 
government  and  the  rights  and  duties  of  citizenship.  The  qualifications 
of  such  teachers  shall  be  a  regular  kindergarten  primary,  elementary  or 
secondary  certificate  to  teach  in  the  schools  of  California  and  special 
fitness  to  perform  the  duties  of  a  home  teacher;  provided,  that  the  sala- 
ries of  such  teachers  shall  be  paid  from  the  city  or  district  special  school 
funds.     [Amendment  approved  May  18,   1917;   Stats.   1917,  p.   742.] 

§  1616.  Kindergarten.  Estimate  for  maintenance  of  kindergarten. 
Levy  of  tax.     Discontinuance.     Funds  revert.     Limit  on  tax  rate.     The 

board  of  education  of  every  city,  city  and  county,  or  the  board  of  school 
trustees  of  every  school  district  in  this  state,  must,  upon  petition  of 
the  parents  or  guardians  of  twenty-five  or  more  children  between  the 
ages  of  four  and  one-half  and  six  years,  residing  within  one  mile  of  any 
elementary  school  building  situate  in  such  city,  city  and  county,  or 
school  district,  establish  and  maintain  a  kindergarten  or  kindergartens; 
provided,  that  the  order  of  the  board  establishing  such  kindergarten  or 
kindergartens  shall  be  made  only  between  the  first  day  of  June  and 
the  first  day  of  August  in  any  year;  and  provided,  further,  that  after 
the  first  year  in  w'hicli  any  kindergarten  or  kindergartens  shall  have 
been  established  and  maintained,  that  the  number  of  kindergartens 
which  shall  be  maintained  in  any  city,  or  city  and  county,  or  school 
district,  during  any  particular  school  year,  shall  be  determined  by  the 
governing  body  of  the  schools  of  such  city,  city  and  county  or  school 
district. 

The  board  of  education  of  every  city,  city  and  count}',  or  the  board 
of  school  trustees  of  every  school  district  in  which  a  kindergarten  is 
established  under  the  provisions  of  this  act,  must  at  least  fifteen  days 


§  1617  POLITICAL    CODE.  218 

before  the  first  day  of  the  month  m  which  the  board  of  supervisors  is 
required  by  law  to  levy  the  taxes  required  for  county  purposes,  submit 
to  the  county  superintendent  of  schools  an  estimate  of  the  amount  of 
monej-  which  will  be  required  for  the  maintenance  of  any  kindergarten 
or  kindergartens  in  their  several  school  districts  for  the  ensuing  school 
year. 

The  county  superintendent  of  schools  shall  thereupon  examine  said 
estimate  and  submit  copies  of  the  same,  with  his  approval  or  disapproval 
indorsed  thereon,  to  the  board  of  supervisors  and  to  the  county  auditor 
at  the  time  he  submits  to  them  his  estimate  for  the  county  school  tax 
for  the  current  year.  If  the  county  superintendent  of  schools  approves 
such  estimate,  the  board  of  supervisors  shall,  at  the  time  and  in  the 
manner  of  levying  other  taxes,  levy  and  cause  to  be  collected  in  the  sev- 
eral school  districts  for  which  estimates  have  been  submitted  and  ap- 
proved as  herein  provided,  the  amount  so  estimated  and  approved.     The 

fund  so  levied  shall  be  known  as  the  kindergarten  fund  of school 

district,  as  the  ease  may  be,  and  shall  be  available  for  the  maintenance 
of  the  kindergarten  or  kindergartens  established  under  the  provisions 
of  this  section,  and  the  moneys  drawn  from  such  fund  shall  be  paid  out 
in  the  same  manner  as  the  moneys  from  state  and  county  school  funds 
for  the  maintenance  of  the  elementary  schools  are  drawn  and  paid  out. 
If  the  average  daily  attendance  in  any  kindergarten  in  any  city,  city 
and  county,  or  school  district,  shall  be  ten  or  less  for  the  school  year,  the 
governing  body  of  such  city,  city  and  county,  or  school  district,  shall, 
at  the  close  of  such  school  year,  discontinue  such  kindergarten.  In  case 
a  city,  city  and  county,  or  schol  district,  maintains  but  one  kindergarten, 
should  such  kindergarten  be  discontinued  as  provided  by  this  section,  the 
funds  of  such  kindergarten  shall  immediately  revert  to  the  elementary 
schools  of  the  city,  city  and  county,  or  school  district,  in  which  said 
kindergarten  has  been  located;  and  in  case  any  city,  city  and  county,  or 
school  district  maintains  two  or  more  kindergartens  the  property  and 
funds  of  a  kindergarten  which  has  been  discontinued  shall  revert  to  the 
kindergarten  or  kindergartens  which  are  still  in  operation  in  said  city, 
city  and  county,  or  school  district.  The  rate  of  taxation  which  may  be 
levied  for  the  support  of  kindergartens  in  any  one  year  shall  not  exceed 
ten  cents  on  the  one  hundred  dollars  of  the  taxable  property  of  such  city, 
city  and  county,  or  school  district;  and  such  tax  for  the  support  of  the 
kindergarten  or  kindergartens,  shall  be  in  addition  to  any  other  tax  which 
may  be  levied  for  the  support  of  the  pul)]i('  schools.  [Amendment  ap- 
l)roved  May  18,  1917;  Stats.  1917,  p.  742.] 

§  1617.  Intermediate  school  course.  The  board  of  education  of  any  city, 
or  of  any  city  and  county,  or  the  board  of  school  trustees  of  any  scliool 
district  situated  within  a  high  school  district  maintaining  an  interme- 
diate school  course,  shall  permit  pupils  who  have  completed  the  sixth 
year  of  the  elementary  school  to  attend  an  intermediate  school  course 
established  as  provided  by  section  one  thousand  seven  hundred  fifty  a, 
of  the  Political  Code,  and  shall  pay  to  such  high  school  district  for  the 
education  of  such  pupils,  a  tuition  charge  which  shall  be  agreed  upon 
by  said  board  of  education,  or  board  of  school  trustees,  and  the  high 
scliool  Vjoard  maintaining  such  intermediate  school  course;  provided,  that 


219  POLITICAL  CODE.  §§  1617a-1617y2 

such  board  of  education  or  board  of  school  trustees  shall  not  pay  to  any 
such  high  school  board  for  educating  a  pupil,  residing  in  such  elementary 
sch,ool  district  and  attending  such  intermediate  school  course,  a  tuition 
charge  greater  than  the  average  net  cost  per  pupil  for  educating  pupils 
in  the  first  six  years  of  the  elementary  school  in  said  elementary  school 
district;  and  provided,  further,  that  such  tuition  charge  shall  cease  to  be 
paid  after  the  pupil  has  completed  two  years  of  work  in  such  interme- 
diate school  course.  [Amendment  approved  May  18,  1917;  Stats.  1917, 
p.  742.] 

§  1617a.  United  States  flag  over  schooUaouses.  Also  in  schoolrooms. 
[Repealed  May   18,  1917;  Stats.   1917,  p.  7-14.] 

§  1617b.  Contract  with  state  normal  school  for  education  of  children. 
Revocation.  The  trustees  of  an  elementary  school  district  with  an  average 
daily  attendance  of  thirty-five  or  less,  as  shown  by  the  last  teacher's  re- 
port on  file  in  the  office  of  the  county  superintendent  of  schools,  when 
authorized  by  a  majority  vote  of  their  district  at  a  district  meeting  called 
for  that  purpose,  may  contract  with  a  state  normal  school  for  the  educa- 
tion of  the  children  of  their  district;  provided: 

1.  That  the  elementary  school  so  contracting  shall  be  housed  by  the 
normal  school  on  the  normal  school  campus  or  in  the  sehoolhouse  in  the 
district  and  shall  be  used  as  a  rural  model  practice  school. 

2.  That  the  trustees  of  the  elementary  school  district  shall  contribute 
to  the  support  of  the  school  all  of  the  money  apportioned  to  their  dis- 
trict from  the  state  and  county  funds.  Said  funds  to  be  handled  and 
expended  by  the  trustees  of  the  elementary  school  district  in  the  same 
manner  as  provided  by  law. 

Such  contract  may  be  revoked  by  a  majority  vote  of  the  board  of 
trustees  of  the  normal  school  or  by  the  trustees  of  the  elementary  school 
district,  when  authorized  to  do  so  by  a  majority  vote  of  their  district 
at  a  special  district  meeting  called  for  that  purpose.  Such  contract  shall 
be  in  effect  from  July  first  following  date  of  contract  and  shall  remain 
in  effect  until  the  end  of  the  school  year  in  which  the  contract  is  revoked. 
[New  section  added  May  31,  1917;  Stats.  1917,  p.  1516.] 

Note.— The  old  section  1617b,  relating  to  home  teachers  and  their 
qualifications,  was  repealed  May  18,  1917;  Stats.  1917,  p.  744. 

§  1617c.  Establishment  of  kindergartens.  Discontinuance  for  small 
attendance.     [Repealed  May  18,  1917;  Stats  1917,  p.  744.] 

§1617d.  Pupils  who  may  attend.  Tuition.  [Repealed  May  18,  1917; 
Stats.  1917,  p.  744.]      " 

§  16171/2-  Sale  or  leasing  of  school  property.  Conditions.  Effect  of 
act.  Boards  of  education,  or  other  governing  boards,  in  cities  and  having 
jurisdiction  over  both  the  elementary  and  high  school  districts  embrac- 
ing such  cities,  in  which  the  total  number  of  units  of  average  daily  at- 
tendance in  both  such  school  districts,  as  shown  by  the  annual  report  of 
the  county  superintendent  of  schools  to  the  state  superintendent  of  public 
instruction  for  the  preceding  school  year,  exceeds  fifty-five  thousand, 
are  hereby  authorized  to  sell,  or  lease  for  a  term  not  exceeding  ninety- 


§  1619  POLITICAL   CODE.  220 

nine  years,  any  real  property  belonging  to  their  respective  school  dis- 
tricts, or  high  school  districts  upon  which  no  public  school  is  being 
maintained  upon  the  following  conditions: 

Before  ordering  the  sale  or  lease  of  any  such  property  such  board  of 
education,  or  other  governing  boards,  shall,  in  open  meeting,  by  a  two- 
thirds  vote  of  all  of  its  members,  adopt  a  resolution  declaring  its  inten- 
tion to  sell  the  same,  or  a  resolution  declaring  its  intention  to  lease  the 
same,  as  the  case  may  be,  which  said  resolution  shall  describe  the 
property  proposed  to  be  sold,  or  leased,  in  such  manner  as  to  identify  it 
and  shall  specify  the  minimum  price,  or  rental,  and  terms  for  which  it 
will  be  sold,  or  leased,  and  fixing  a  time,  not  less  than  three  weeks 
thereafter,  and  place  for  a  public  meeting  of  said  board  of  education, 
or  other  governing  board,  at  which  sealed  proposals  to  purchase  or  lease, 
as  the  ease  may  be,  will  be  received  and  considered.  Said  resolution 
shall,  before  the  date  of  such  meeting,  be  published  once  a  week  for  three 
successive  weeks  in  one  or  more  nev.'spapers  of  general  circulation  pub- 
lished in  the  district.  At  the  time  and  place  fixed  in  said  resolution  for 
the  meeting  of  said  board  of  education  or  other  governing  board,  all 
sealed  proposals  which  have  been  received  shall,  in  public  session,  be 
opened,  examined,  and  declared  by  said  board,  or  other  governing  board, 
and  the  property  be  sold,  or  leased,  as  the  case  may  be,  to  the  highest 
responsible  bidder  among  those  who  have  submitted  sealed  proposals  and 
who  offer  to  comply  with  all  terms  and  conditions  specified  in  the  resolu- 
tion of  intention  to  sell  or  lease;  provided,  however,  that  if  any  re- 
sponsible person  shall  at  said  meeting  offer  to  purchase  such  property,  or 
to  lease  such  property,  as  the  case  may  be,  for  a  price  or  rental  ex- 
ceeding the  highest  other  proposal  or  offer  before  the  board  by  not  less 
than  five  per  cent,  the  property  shall  be  sold,  or  shall  be  leased  as  the 
case  may  be,  to  such  person;  and  provided,  further,  that  said  board  or 
other  governing  board  may,  should  it  deem  such  action  for  the  best 
public  interest,  at  any  time,  reject  any  or  all  bids,  and  withdraw  such 
property  from  sale.  Any  order  of  sale  or  lease  made  hereunder  by  said 
board,  or  other  governing  board,  shall  authorize  and  direct  the  execution 
and  delivery  by  the  chairman,  or  other  presiding  officer,  of  said  board, 
or  other  governing  board,  of  the  deed  or  lease  of  said  district  to  the 
purchaser  or  lessee.  This  section  shall  not  be  taken  to  authorize  action 
upon  proposals  for  sale  and  proposals  for  lease  at  the  same  meeting. 

The  provisions  of  this  section  shall  be  deemed  to  supersede  any  other 
provision  of  law  relating  to  powers  and  duties  of  boards  of  trustees, 
and  boards  of  education,  only  in  so  far  as  its  terms  are  in  conflict  there- 
with, and  shall  not  be  deemed  as  repealing  any  such  other  provision  of 
law  not  conflicting  with  the  terms  of  lliis  section,  [New  section  added 
June  1,  1!)17;  Stats.  3917,  p.  16-15. | 

§  1619.  Equal  rights  and  privileges.  Vacation  schools.  Qualifications 
of  teachers.  Firt^t — Except  wiiere  a  school  has  been  closed  by  order 
of  a  city  or  a  county  board  of  health  or  of  tlie  state  board  of  health, 
on  account  of  cnnt.'igious  disease,  or  wIkm-c  Mich  school  has  been  closed 
on  accoiinl  of  (iic.  Mooil  or  othci-  |inlilic  ilisiislcr,  bonnls  of  school  trustees 
and  city  boards  of  education  must  niiiinfain  all  of  the  elementary  day 
scliools  established  by  them  for  .hii  (Mina]  length  of  lime  during  the  year, 
and  :ill  rif  the  driy   high  -.cliools  est nlilished  liy  tlicni   for  an  erpml  length 


221  .  POLITICAL    CODE.  §  1662 

of  time  during  the  year,  and,  as  far  as  possible,  with  equal  rights  and 
privileges;  provided,  that  boards  of  school  tiiistces  and  city  boards  of 
education  may  establisli  and  maintain  vacation  schools  of  kindergarten, 
elementary,  or  high  school  grade.  No  vacation  school  shall  be  established 
until  a  school  of  equal  grade  has  been  maintained  for  at  least  eight 
months.  The  duties  of  teachers,  courses  of  study,  length  of  school  day, 
and  all  other  matter  relating  to  vacation  schools,  shall  be  determined  Vjy 
the  boards  of  school  trustees,  or  by  the  city  board  of  education.  Only 
teachers  who  are  legally  qualified  to  teach  in  the  public  schools  of  the 
state  shall  be  eligible  to  teach  in  vacation  schools  of  corresponding  grade; 
provided,  that  the  attendance  of  pupils  upon  such  schools  shall  not  be 
counted  as  a  part  of  the  average  daily  attendance  of  the  regular  element- 
ary or  secondary  schools  of  the  district,  nor  shall  the  state  or  county 
.school  funds  be  used  to  maintain  such  schools. 

When  school  maintained  in  different  portions  of  district.  Second — 
When  in  any  district  it  is  necessary  for  the  convenience  of  the  residents 
of  said  district  that  the  school  therein  should  be  maintained  a  part  of 
the  year  in  one  portion  of  the  district,  and  a  part  of  the  year  in  another 
I>ortion  of  the  district,  the  aggregate  of  the  time  the  school  has  been 
maintained  in  the  different  portions  of  the  district  shall  be  considered  in 
estimating  the  time  for  which  a  school  has  been  maintained  in  the  dis- 
trict during  the  school  year.  [Amendment  approved  May  18,  1917; 
Stats.  1917,  p.  688.] 

§  1662.  Courses  of  study.  First — The  courses  of  study  for  the  day 
elementary  schools  of  California  shall  embrace  eight  years  of  instruc- 
tion; and  such  courses  must  allot  eight  years  for  instruction  in  subjects 
required  to  be  taught  in  such  schools  and  may  allot  not  more  than  two 
years  for  kindergarten  instruction. 

Ages  for  admission.  Second — The  day  elementary  schools  of  each 
school  district  of  California  shall  be  open  for  the  admission  of  all  children 
between  six  and  twenty-one  years  of  age  residing  in  the  district,  and 
may  be  open  for  the  admission  of  adults  if  the  governing  body  of  the 
district  deem  such  admission  advisable;  provided,  that  where  kinder- 
garten instruction  is  given  in  the  schools  of  a  district,  such  school  shall 
admit  children  to  the  kindergarten  classes  at  four  years  of  age;  and 
the  reports  for  the  kindergarten  classes  shall  be  kept  and  shall  be  made 
separate  from  other  school  rei:torts;  and  provided,  further,  that  wherever 
a  school  is  established  for  the  instruction  of  the  deaf,  such  children  may 
be  admitted  to  such  school  at  three  years  of  age;  provided,  that  the 
average  daily  attendance  of  deaf  children  w^ho  are  six  years  of  age  or 
older  shall  be  counted  as  part  of  the  average  daily  attendance  in  the 
day   and   elementary   schools. 

Children  excluded.  Separate  schools  for  Indians,  etc.  Third — The 
governing  body  of  the  school  district  shall  have  power  to  exclude  children 
of  filthy  or  vicious  habits,  or  children  suffering  from  contagious  or  in- 
fectious diseases,  and  also  to  establish  separate  schools  for  Indian 
children  and  for  children  of  Chinese  or  Mongolian  descent.  When  such 
separate  schools  are  established,  Indian,  Mongolian  or  Chinese  children 
must  not  be  admitted  into  any  other  school. 


§§1663-1665  POLITICAL  code.  222 

Special  day  and  evening  classes.  Fourth — The  governing  body  of  any 
elementary  school  district  shall  have  power  to  establish  and  maintain, 
in  connection  with  any  school  under  its  jurisdiction,  special  day  and 
evening  classes  for  the  purpose  of  giving  instruction  in  any  of  the 
branches  of  study  mentioned  in  section  one  thousand  six  hundred  sixty- 
five  of  this  code.  These  classes  may  be  convened  at  such  hours  and  for 
such  length  of  time  during  the  school  day  or  evening,  and  at  such  period 
and  for  such  length  of  time  during  the  school  year  as  may  be  deter- 
mined by  such  governing  authority;  and  the  enrollment  of  and  attend- 
ance upon  such  classes  shall  be  kept  separately  and  the  units  of  average 
daily  attendance  shall  be  determined  as  provided  in  section  one  thou- 
sand eight  hundred  fifty-eight  of  this  code  and  shall  be  added  to  the 
attendance  of  the   elementary  school  district. 

Ages  for  admission.  Fifth— The  evening  elementary  schools  and  th& 
special  day  and  evening  classes  of  the  elementary  schools  of  any  school 
district  shall  be  open  for  the  admission  of  all  children  over  the  age  of 
fifteen  years,  residing  in  the  district  and  for  the  admission  of  adults; 
provided,  that  children  under  fifteen  years  of  age  who  have  been  given 
permits  to  work  in  accordance  with  the  provisions  of  an  act  to  enforce 
the  educational  rights  of  the  children  may  be  admitted  to  the  evening 
elementary  schools.  [Amendment  approved  Mav  18,  1917;  Stats.  1917, 
p.   667.] 

§  1663.  Classification  of  public  schools.  1.  The  public  schools  of  Cali- 
fornia, other  than  those  supported  exclusively  by  the  state,  shall  be 
classed  as  day  and  evening  elementary,  and  day  and  evening  secondary 
schools.  The  day  and  evening  elementary  schools  of  California  shall  be 
designated  as  primary  and  grammar  schools.  The  day  and  evening 
secondary"  schools  of  California  shall  be  designated  as  high  schools  and 
technical  schools,  and  either  class  may  include  a  portion  of  the  other 
class.      [Amendment  approved  May  29,  1917;   Stats.  1917,  p.  1315.] 

§  1665.  Branches  to  be  taught  in  grades.  Time  given.  First — Instruc- 
tions must  be  given  in  the  following  branches  in  the  several  grades  in 
which  they  may  be  required,  viz.:  reading,  writing,  spelling,  arithmetic, 
geography,  language  and  grammar,  with  special  reference  to  composi- 
tion, history  of  the  United  States  with  special  reference  to  the  history 
of  the  constitution  of  the  United  States  and  the  history  of  the  reasons 
for  the  adoption  of  each  of  its  provisions,  the  duties  of  citizenship,  to- 
gether with  instruction  in  local  livil  government;  elements  of  physi- 
ology and  hygiene,  with  special  reference  to  the  injurious  effects  of 
tobacco,  alcohol  and  narcotics  on  the  human  system;  morals  and  manners. 
In  the  first  six  grades  of  the  elementary'  schools,  at  least  two-thirds  of 
the  pupil's  time  during  each  w«ek  shall  be  devoted  to  study  and  recita- 
tion of  the  subjects  hereinbefore  enumerated,  and  in  the  seventh  and 
eighth  grades  at  least  twelve  and  one-half  hours  of  tho  pupil's  time  each 
week  shall  be  devoted  to  the  study  and  recitation  of  such  subjects. 

Subjects  for  remaining  time.  Manual  training,  etc.  Second — From 
the  time  remaining  after  the  study  and  ro(  itutions  of  the  studies  herein- 
before enumerated,  at  least  twenty  minutes  of  each  school  day  must 
be  devoted  by  all   pupils  over  the  age  of  eight  years  to  such  physical 


223  POLITICAL  CODE.  §§  1670-1696 

training  as  shall  be  most  conducive  to  their  proper  physical  development, 
and  iuslructiou  must  be  given  in  nature  study  with  special  reference  to 
agriculture  and  animal  and  bird  life,  music,  drawing,  elementary  book- 
keeping, humane  education.  Manual  training,  household  econorxiics,  and 
other  vocational  subjects  may  be  taught  in  any  elementary  school  of  the 
state;  provided,  that  in  school  districts  employing  six  or  more  elementary 
school  teachers  in  any  one  school,  whether  housed  in  one  or  more  build- 
ings, manual  training  and  household  economics  must  be  taught.  The 
state  board  of  education  may,  in  its  discretion,  adopt  text-books  in  any 
of  the  subjects  listed  in  this  subdivision.  [Amendment  approved  May 
18,  1917;  Stats.  1917,  p.  728.] 

§  1670.  School  year.  The  school  year  begins  on  the  first  day  of  July 
and  ends  on  the  last  day  of  June.  A  school  month  is  construed  and 
taken  to  be  twenty  days  or  four  weeks  of  five  days  each,  including  legal 
holidays.     [New  section  added  May  18,  1917;  Stats.  1917,  p.  708.] 

§  1673.  Duration  of  daily  sessions.  No  pupil  other  than  one  pursuing 
a  vocational  course  must  be  kept  in  school  more  than  six  hours  per  day; 
and  no  pupil  under  eight  years  of  age  must  be  kept  in  school  more  than 
four  hours  per  day.  Any  violation  of  the  provisions  of  this  section 
must' be  treated  in  the  same  manner  as  a  violation  of  the  provisions  of 
the  preceding  section.  [Amendment  approved  May  19,  1917;  Stats. 
1917,  p.  689.] 

§1696.     Duties  of  teachers.     Every  teacher  in  the  public  school  must: 

File  certificate.  First — Before  assuming  charge  of  a  school,  file  his 
or  her  certificate  with  the  superintendent  of  schools;  provided,  that 
when  any  teacher  so  employed  is  the  holder  of  a  California  state  normal 
school  diploma,  accompanied  by  the  certificate  of  the  state  board  of 
education,  as  provided  in  subdivision  third  of  section  one  thousand  five 
hundred  three  of  the  Political  Code,  an  educational  or  a  life  diploma  of 
California,  upon  presentation  thereof  to  the  superintendent  he  shall 
record  the  name  of  said  holder  in  a  book  provided  for  that  purpose  in 
his  office,  and  the  holder  of  said  dii^loma  shall  thereupon  be  absolved 
from  the   provisions    of   this   subdivision. 

Notify  superintendent  of  opening  and  closing  day  of  school.  Second — 
Before  taking  charge  of  a  school,  and  one  week  before  closing  a  term 
of  school,  notify  the  county  superintendent  of  such  fact,  naming  the  day 
of  opening  or  closing.  Boards  of  education  and  boards  of  school  trustees 
must  in  every  case  give  to  the  teacher  a  notice  of  at  least  two  weeks  of 
their  intention  to  close  the  term  of  school  under  their  charge.  No 
superintendent  shall  draw  'any  requisition  for  the  last  month's  salary  of 
any  teacher  until  said  teacher  has  filed  vv^ith  him  the  notice  required  by 
this  subdivision. 

Enforce  course  of  study.  Third — Enforce  the  course  of  study,  the 
use  of  the  legally  authorized  text-books,  and  the  rules  and  regulations 
prescribed   for   schools. 

Hold  pupils  to  account  for  conduct.  Fourth— Hold  pupils  to  a  strict 
account  for  their  conduct  on  the  way  to  and  from  school,  on  the  play- 
grounds, or  during  recess;   suspend,  for  good  cause,  any  pupil  from  the 


§  1696  POLITICAL    CODE.  224 

school,  and  report  such  suspension  to  the  board  of  school  trustees  or  city 
board  of  education  for  review.  If  such  action  is  not  sustained  by  them, 
the  teacher  may  appeal  to  the  county  superintendent  whose  decision 
shall  be  final. 

Keep  register.  Fifth — Keej)  a  state  school  register,  in  which  shall 
be  left,  at  the  close  of  the  term,  a  report  showing  program  of  recita- 
tions, classificatiou  and  grading  of  all  pupils  who  have  attended  s"hool 
at  any  time  during  the  school  year.  Tlie  superintendent  shall  in  no 
case  draw  a  requisition  in  favor  of  the  teacher  until  the  teacher  has 
filed  with  him  a  certificate  from  the  clerk  of  the  board  of  school  trustees 
to  the  effect  that  the  provisions  of  this  subdivision  have  been  complied 
with. 

Make  annual  report.  Sixth — Make  an  annual  report  to  the  county 
superintendent  at  the  time  and  in  the  manner  and  on  the  blanks  pre- 
scribed by  the  superintendent  of  public  instruction.  Any  teacher  who 
shall  end  any  school  term  before  the  close  of  the  school  year,  shall  make 
a  report  to  the  county  superintendent  immediately  after  the  close  of 
such  term;  and  any  teacher  who  may  be  teaching  any  school  at  the  end 
of  the  school  year  shall,  in  his  or  her  annual  report,  include  all  statistics 
for  the  entire  school  year,  notwithstanding  any  previous  report  for  a 
part  of  the  year.  Said  teacher  shall  attach  to  the  annual  report  a 
certificate  showing  the  number  of  children  attending  said  school  who 
reside  in  other  districts  within  the  county,  together  with  the  names, 
residence  by  district  and  the  average  daily  attendance  of  said  children. 
The  principal  of  a  school  of  more  than  one  teacher  shall  combine  the 
separate  certificates  from  the  teachers  in  the  school  of  which  he  is  prin- 
cipal and  shall  make  a  certificate  to  the  county  superintendent  showing 
the  facts  set  forth  in  the  separate  certificates  of  the  teachers.  On  re- 
ceiving the  certificates  mentioned  above  from  an}-  school  district  under 
his  jurisdiction,  the  county  superintendent  shall  deduct  the  average 
daily  attendance  of  such  children,  from  the  total  average  daily  attend- 
ance of  the  district  in  which  they  have  attended  school,  and  add  it  to 
the  total  average  daily  attendance  of  the  district  or  districts  in  which 
said  children  reside;  provided,  that  whenever  the  consent  of  the  trus- 
tees of  the  district  in  which  such  children  reside  is  obtained,  as  provided 
elsewhere  in  this  code,  the  attendance  shall  be  counted  in  the  district 
in  which  the  pu]n]s  attend  school  unless  there  shall  be  filed  with  the 
county  superintendent  of  schools  on  or  before  the  first  day  of  June  of 
tht>  year  in  which  the  attendance  is  to  be  counted,  a  written  demand 
of  the  trustees  of  the  district  in  whicli  .'^uch  children  reside  for  the 
counting  of  such  attendance  in  the  home  district,  and  then  only  when 
such  demand  is  approved  by  the  superintendent  of  schools.  The  super- 
intendent of  schools  shall  in  no  case  draw  a  requisition  for  the  salary 
of  any  teacher  for  the  last  month  of  the  school  term,  until  the  report 
required    by   lliis  sul)division   has   been    filcil,   ;ni(l    by    him    approved. 

Make  other  reports.  Hev(Mi(h — ;Mak('  such  otlicr  icporls  as  nmv  l>e 
required  by  the  superintendent  of  |Mi!ilic  inst  riict  kmi,  county  superin- 
tendent, l)oard  of  school  trusters,  or  cily  lio.ird  of  ((iucation.  [Auiend- 
mi'iit    Mpjirovcd    May    .'M,    1!)17;    Stats.    I'.HV,    p.    !;;7l).  | 


225  POLITICAL  CODE.  §§  1696b-1728 

§  1696b.  Order  for  text-books  by  teacher.  IJpou  closing  a  term  of 
school,  eacli  teacher  or  principal  shall  prepare,  upon  requisition  blanks 
furnished  by  the  superintendent  of  public  instruction,  an  order  for  the 
number  of  state  text-books  estimated  to  be  required  for  use  in  the  school 
under  his  charge  at  the  opening  of  the  ensuing  term.  Such  order  shall 
be  a  part  of  the  annual  report  required  by  subdivision  six  of  section 
one  thousand  six  hundred  ninety-six  of  the  Political  Code.  The  super- 
intendent of  schools  shall  in  no  case  draw  a  requisition  for  the  salary 
of  any  teacher  for  the  last  month  of  the  school  term  until  the  order 
required  by  this  section  has  been  filed  and  by  him  approved.  Orders  for 
additional  books  may  be  forwarded  at  any  time  on  the  ap]iroval  of  the 
county   superintendent   of  schools. 

In  ordering  free  text-books,  any  teacher  may  order  one  copy  of  any 
series  of  books  for  use  on  the  teacher's  desk,  if  not  supplied  with  such 
book,  which  copy  shall  be  sent  by  the  superintendent  of  public  instruc- 
tion free  of  cost  with  other  school  books.  [New  section  added  May  18, 
1917;   Stats.   1917,   p.   707.] 

§1697.  School  month  defined.  [Repealed  Mav  ]8.  1917;  Stats.  1917, 
p.  708.] 

§  1720.  Designation  of  secondary  schools.  The  secondary  schools  of 
the  state  shall  be  designated  as  high  schools,  technical  schools,  and  junior 
colleges.  High  schools  may  be  established  and  high  school  districts 
formed  and  organized  in  accordance  with  the  provisions  of  this  article. 
Whenever  any  high  school  district  is  so  formed  and  organized  the  gov- 
erning body  thereof  shall  establish  and  maintain  one  or  more  liigh 
schools,  technical  schools,  or  junior  colleges  therein.  |  Amendment  ap- 
proved May  li,  1917;  Stats.  1917,  p.  463.] 

§1723.  Jurisdiction  over  high  school  districts.  [Repealed  May  18, 
1917;   Stats.  1917,  p.  713.] 

§  1728.  Formation  of  joint  union  high  school  districts.  Whenever  a 
majority  of  the  registered  electors,  residing  in  each  of  two  or  more  con- 
tiguous school  districts,  having  in  the  aggregate  at  least  one  hundred 
pupils  in  average  daily  attendance  in  the  elementary  schools  of  such 
districts,  shall  unite  in  a  petition  to  the  superintendent  of  schools  of 
the  county  who  would  have  jurisdiction  over  the  joint  high  school 
district  proposed  to  be  formed,  which  petition  shall  pray  for  the  for- 
mation of  a  joint  union  high  school  district,  under  a  name  specified 
therein,  such  superintendent  shall,  within  twenty  days  after  receipt  of 
such  petition,  verify  the  signatures  thereto,  and,  if  he  finds  it  sufficient, 
the  same  proceedings  shall  be  had  on  such  petition,  as  are  directed  in 
section  one  thousand  seven  hundred  twenty-seven,  except  that  the 
county  superintendent  of  schools  shall  file  his  certificate  of  the  result 
of  the  election  with  the  county  clerk  of  each  county  in  which  any  part 
of  the  joint  union  high  school  district  is  situated.  Tf  it  appears  from 
such  certificate  that  a  majority  of  the  votes  east  at  such  election  were 
cast  in  favor  of  the  formation  of  such  district,  such,  joint  union  high 
school  district  shall  be  deemed  to  be  formed  from  the  time  of  the  fil- 
ing thereof.     The  county  clerk  shall  record  the   certificate  in   full  in  his 

15 


§  1743  POLITICAL    CODE.  226 

record   of   high   school   districts.      [Anieudnient    aiiproved   May    18,    1917; 
Stats.  1917,  p.  712.] 

§  1743.  High  school  principal  may  act  in  elementary  school.  Annual 
report  of  uumter  of  pupils,  etc.  Annual  report  on  textbooks,  etc. 
Salary  withheld  until  report  filed.  Nothing  iu  this  article  shall  be 
construed  so  as  to  prevent  the  principal  of  any  high  school  from 
acting  as  principal  of  the  elementary  school  of  the  school  district 
in  which  the  high  school  is  located,  or  as  supervising  principal  of  one 
or  more  elementary  school  districts  included  in  the  high  school  district, 
if  so  desired  by  the  trustees  of  said  school  district  or  districts  and  the 
high  school  board;  provided,  that  no  high  school  principal  shall  supervise 
the  elementary  schools  of  any  district  except  the  district  in  which  the 
high  school  building  is  located  without  the  approval  of  the  county  super- 
intendent of  schools. 

The  principal  of  every  high  school  shall  annually,  at  the  elosa  of  the 
term  and  prior  to  receiving  his  last  moutli's  salary  and  as  a  prerequsite 
for  such  salary,  make  out  under  oath  and  deliver  to  the  superintendent 
of  schools  of  each  county  in  which  any  part  of  his  high  school  district 
is  situated,  a  full  and  complete  report  of  said  high  school  for  the  entire 
term  or  school  year.  Such  report  shall  show  the  total  number  of  pupils 
enrolled  during  the  year,  the  average  daily  attendance,  the  number  of 
teachers  regularly  employed,  the  total  number  of  new  pupils  enrolled 
during  the  year,  the  names  of  all  pupils  residing  in  elementary  school 
districts  not  embraced  in  any  high  school  district,  and  attending  such 
high  school,  such  names  being  segregated  according  to  thj  districts  in 
which  such  pupils  reside,  and  such  other  information  as  may  be  re- 
quired by  the  superiutendent  of  public  instruction  or  the  county  super- 
intendent of  schools. 

The  said  report  shall  be  made  upon  blanks  furnished  by  said  super- 
intendent of  public  instruction,  as  other  school  report  blanks  are  fur- 
nished, and  in  the  case  of  a  joint  union  high  school  district  the  statis- 
tics of  attendance  and  other  data  for  each  county  separately  shall  be 
given   ill   said  rej^ort. 

The  jiriucipal  of  every  high  scliool,  siiall,  annually,  during  the  month 
of  October,  make  out  under  oath  and  deliver  to  the  state  board  of  edu- 
cation, and  to  the  county  superintendent  of  schools,  a  full  and  com- 
plete report  of  text-books  then  in  use  in  sudi  high  school,  the  courses 
of  study  offered,  the  requirements  for  graduation,  the  names  of  teachers 
employed,  the  subject  taught  by  each  teacher,  the  grade  of  certificate 
held  by  each,  and  the  salary  paid  to  each,  and  such  other  information  as 
may  be  required  by  the  state  board  of  education. 

if  .such  report  is  not  filed  with  the  state  board  of  education,  on  or 
before  October  thirty-first,  the  state  board  of  education  sliall  notify 
the  county  RUf)erinlendent  of  scliools  liaving  jurisdiction  oi'  (lie  liigh 
scliool  failing  to  report,  jukI  il  sliali  tlu'r('U|ioii  be  tlie  duty  of  sucli 
county  Huperintcndent  of  sdnuds  td  withhold  the  salary  of  tiie  prin- 
cipal of  such  high  scliool  until  lie  lias  licii;  imliliMl  by  the  state  board 
of  cdiicaf  ion  that  siicli  |-c|i()rl  has  been  (ilcd  as  ici(ii  i  red  by  this  section. 
I  AirMinlinciit    ai.|W()\cd   May  29,    1917;  Slats.    1917,  p.    i;!'J7.| 


227  POLITICAL  CODE.  §§  1743a-1750b 

§  1743a.  Report  of  high  school  principal.  Salary  withheld  if  re- 
port not  filed.      I  Ki'iiealcd  May  2\),  lillT;   Slats.    11)17,  j).   1;;l'7.  | 

§  1750a.  Intermediate  school  courses.  Election.  Ballots.  Daily  at- 
tendance. Lapsing  of  course.  Estimated  expenses.  The  yiigh  school 
l>()ai(l  of  any  high  school  district  or  the  trusteos  of  any  county  high 
school,  may  proscribe  intermediate  school  courses,  and  admit  thereto 
pniiils  who  have  completed  the  sixth  year  of  the  elementary  school;  pro- 
vided, that  no  intermediate  school  course  shall  be  prescribed  in  any 
county,  union  or  joint  union  high  school  district,  unless  a  majority  of 
the  trustees  of  the  elementary  school  districts  comprising  such  high 
school  district  shall  approve  the  organization  of  such  course  in  writing, 
and  shall  file  a  statement  of  such  approval  with  the  high  school  board, 
or  unless,  at  an  election  called  for  that  purpose  in  the  same  manner  as 
the  election  for  the  formation  of  the  high  school  district,  a  majority  of 
the  qualified  electors  voting  thereat  shall  vote  in  'favor  of  such  inter- 
mediate school  course.  The  ballots  used  at  such  election  shall  contain 
the  words  "Intermediate  school  course — -Yes"  and  "Intermediate  school 
course — No."  The  result  of  said  election  shall  be  determined  and  cer- 
tified to  the  superintendent  of  schools  as  provided  in  case  of  the  election 
for  the  formation  of  the  district.  The  first  two  years  of  such  inter- 
mediate school  course  shall  include  instruction  in  the  school  studies 
generally  taught  in  the  seventh  and  eighth  grades  of  the  elementary 
school,  and  may  include  such  other  studies,  including  secondary,  voca- 
tional and  industrial  subjects,  as  said  high  school  board  may  prescribe. 
The  average  daily  attendance  of  all  pupils  from  each  district,  enrolled 
in  the  first  two  years  of  such  intermediate  school  course,  shall  be  kept 
separate  and  shall  be  credited  to  the  common  school  district  in  which 
the  various  pupils  reside;  provided,  that  when  any  intermediate  school 
course  is  first  established  under  the  provisions  of  this  section,  the  course 
of  study  therefor  shall  be  adopted  between  the  first  day  of  July  and 
the  date  of  the  opening  of  school  for  the  current  school  year. 

Whenever  the  average  daily  attendance  of  pirpils  enrolled  in  the  first 
two  years  of  the  intermediate  school  course  of  a  district  is  less  than 
twenty-five  for  any  school  year,  such  intermediate  school  course  shall  be 
deemed  to  have  lapsed. 

The  high  school  board  of  any  high  school  district  maintaining  an  in- 
termediate school  course,  may  include  in  the  annual  estimate  of  expenses 
of  such  high  school  district  filed  with  the  county  superintendent  of 
schools  in  accordance  with  the  provisions  of  this  code,  the  estimated 
expenses  for  maintaining  such  intermediate  school  course.  [Amendment 
approved  May  29,  1917;  Stats.  1917,  p.  1328.] 

§  1750b.  Junior  college  courses.  Eegulations.  Reciuirements  for 
graduation.  Courses  of  study.  Attendance  included  in  average  daily 
attendance  of  district.  Included  in  estimate  for  apportioning  fund.  Ap- 
proval of  courses  by  state  board  of  education.  The  high  school  board  of 
anv  high  school  district  having  an  assessed  valuation  of  three  million  dol- 
lars or  more,  may  prescribe  junior  college  courses  of  study,  including  not 
more  than  two  years  of  work,  and  admit  thereto  the  graduates  of  such 
high  school„the  graduates  of  other  high  schools  and  such  other  candidates 
for  admission  who  are  at  least  twenty-one  years  of  age,  and  are  recom- 


§  1750c  POLITICAL    CODE.  228 

mended  for  admissiou  by  the  principal  of  the  high  school  maintaining 
such  junior  college  courses.  Junior  college  courses  of  study  may  include 
such  studies  as  are  required  for  the  junior  certificate  at  the  University 
of  California,  and  such  other  courses  of  training  in  the  mechanical  and 
industrial  arts,  household  economy,  agriculture,  civic  education  and  com- 
merce as  the  high  school  board  may  deem  it  advisable  to  establish. 

The  high  school  board  shall  adopt  regulations  governing  the  organiza- 
tion of  such  courses  of  study  and  shall  prescribe  requirements  for  gradu- 
ation from  such  courses;  provided,  that  the  minimum  requirement  for 
graduation  from  junior  college  courses  of  study  shall  be  at  least  sixty 
credit-hours  of  work.  A  credit-hour  is  hereby  defined  as  approximately 
three  hours  of  recitation,  study  and  laboratory  work  per  week  carried 
through  one-half  year. 

Courses  of  study  organized  under  the  provisions  of  this  section  may 
be  offered  in  any  or  all  day  and  evening  high  schools  of  the  district,  or 
in  a   separate  junior   college,   as  the   high   school   board   may   determine. 

The  attendance  of  students  enrolled  in  junior  college  courses  of  study 
shall  be  kept  according  to  regulations  prescribed  by  the  state  board  of 
education,  and  the  average  daily  attendance  of  such  students  shall  be 
included  in  the  annual  report  of  the  average  daily  attendance  of  the 
high  school  district  required  in  section  one  thousand  seven  hundred 
forty-three  of  the  Political  Code.  The  superintendent  of  schools  of  each 
county,  in  making  the  annual  estimate  of  county  high  school  fund  re- 
quired, shall  include  in  the  basis  of  such  estimate  the  average  daily 
attendance  of  all  students  enrolled  in  junior  college  courses  during  the 
preceding  school  year.  In  apportioning  the  county  high  school  fund,  the 
superintendent  of  schools  of  the  county  shall  count  the  average  daily 
attendance  of  all  students  enrolled  in  junior  college  courses  as  a  part 
of  the  average  daily  attendance  of  each  high  school  district  in  which 
such  students  are  enrolled. 

The  state  controller,  in  making  the  annual  estimate  of  the  amount 
necessary  for  the  support  of  high  schools,  as  required  in  section  one 
thousand  seven  hundred  sixty  of  the  Political  Code,  shall  include  in  the 
basis  of  his  estimate,  the  average  daily  attendance  of  all  students  en- 
rolled in  junior  college  courses,  and  the  superintendent  of  public  instruc- 
tion, in  apportioning  the  state  high  school  fund,  shall  count  the  average 
daily  attendance  of  students  enrolled  in  junior  college  courses  as  a  part 
of  the  average  daily  attendance  of  each  high  school  district  in  which 
such  students  are  enrolled. 

All  courses  of  study  prescribed  in  accordance  with  this  section  shall 
be  subject  to  approval  by  the  state  board  of  education,  and  no  state  high 
school  funds  shall  be  apportioned  to  any  high  school  district  on  account  of 
the  attendance  of  students  enrolled  in  junior  college  courses,  unless  such 
courses  have  been  approved  by  the  state  board  of  education.  [New  sec- 
tion added  May  14,  1917;  Stats.  1917,  p.  464.] 

§  1750c.  Special  day  and  evening  classes.  Vocational  courses.  Trans- 
portation for  teachers  of  agriculture.  The  high  school  board  of  any 
high  school  district  subject  to  the  provisions  of  section  one  thousand 
seven  hundred  fifty  of  this  code,  shall  have  power  to  establish  and 
maintain,  in  connection  with  any  day  high  school  under  its^jurisdiction, 
special  day  and  evening  classes  for  the  purpose  of  giving  instruction  in 


229  POLITICAL   CODE.  §  1771 

any  of  the  branches  of  study  that  may  be  taught  in  a  high  school.  These 
classes  may  be  convened  at  such  hours  and  for  such  length  of  time  dur- 
ing the  school  day  or  evening,  and  at  such  period  and  for  such  length 
of  time  during  the  school  year  as  may  be  determined  by  said  governing 
authority;  and  the  enrollment  of  and  attendance  upon  such  classes  shall 
be  kept  separately  and  the  units  of  average  daily  attendance  shall  be 
determined  as  provided  in  section  one  thousand  eight  hundred  fifty-eight 
of  this  code,  and  shall  be  added  to  the  high  school  attendance  of  the 
district. 

The  high  school  board  of  any  high  school  district  subject  to  the  provi- 
sions of  section  one  thousand  seven  hundred  fifty  of  this  code  shall  have 
power  to  establish  and  maintain,  in  connection  with  any  high  school 
under  its  jurisdiction,  part-time  vocational  courses  in  agricultural,  com- 
mercial, industrial,  trade  or  other  vocational  subjects.  The  enrollment 
of  and  attendance  upon  such  courses  shall  be  kept  separately  and  the 
units  of  average  daily  attendance,  determined  as  provided  in  section  one 
thousand  eight  hundred  fifty-eight  of  this  code,  shall  be  added  to  the 
high  school  attendance  of  the  district;  provided,  that  each  pupil  of  a 
class  pursuing  such  a  part-time  course  in  agriculture  shall  devote,  under 
the  direct  supervision  .of  a  teacher  holding  a  special  certificate  in  agri- 
culture or  a  vocational  certificate  in  agriculture,  at  least  three  hours 
daily  or  an  equivalent  amount  of  time  to  farm  mechanics  and  to  farm 
project  work  conducted  by  him  on  a  commercially  productive  basis,  and 
at  least  three  hours  daily'  or  an  equivalent  amount  of  time  to  academic 
work  in  school  or  in  class,  a  part  of  which  shall  supplement  the  prac- 
tical work;  and  provided,  further,  that  each  pupil  of  a  class  pursuing 
a  part-time  course  in  commerce,  industry,  trade,  or  other  vocational  sub- 
ject shall  devote,  under  the  direct  supervision  of  a  competent  teacher 
holding  a  vocational  certificate  in  the  special  subject,  at  least  three 
hours  daily  or  an  equivalent  amount  of  time  to  educative  practical  work 
under  employment  and  at  least  three  hours  daily  or  an  equivalent  amount 
of  time  in  school  or  class  to  academic  work,  a  part  of  which  shall  sup- 
plement the  practical  work.  The  high  school  board  of  any  high  school 
district  maintaining  a  part-time  agricultural  course  as  provided  above 
may,  at  its  option  and  in  such  manner  as  it  may  deem  advisable,  furnish 
the  necessary  transportation  for  teachers  of  agriculture  engaged  in  super- 
vising the  project  work  of  the  pupils  and  may  pay  any  expense  so 
incurred  from  the  county  or  district  high  school  funds  of  the  district. 
[Amendment  approved  May  31,  1917;  Stats.  1917,  p.  1382.] 

§  1771.  Powers  of  county  boards  of  education.  County  boards  of  edu- 
cation have  power: 

1.  Bules  and  regulations.  To  adopt  rules  and  regulations,  not  incon- 
sistent with  the  laws  of  this  state,  for  their  own  government. 

2.  Examination  of  applicants  for  certificate.  To  prescribe  and  enforce 
rules  for  the  examination  of  teachers,  to  examine  applicants  for  ele- 
mentary school  certificates  and  to  establish  a  standard  of  proficiency 
which  will  entitle  the  person  examined  to  a  certificate. 

3.  Grant  certificates.  To  grant,  in  accordance  with  sections  one  thou- 
sand   seven    hundred    seventy-two    and    one    thousand    seven    hundred 


§  1771  POLITICAL   CODE.  230 

seventy-five    of   this    code,    the    following    certificates,   renewable    at    the 
option  of  the  board: 

(a)  Secondary  school,  Seeondarj-  school  certificates,  authorizing  the 
holders  to  teach  in  any  secondary  or  elementary  school  in  the  county. 

(b)  Elementary  schooL  Elementary  school  certificates  authorizing  the 
holders  to  teach  in  any  elementary  school  of  the  county,  and  in  the 
first  two  years  of  any  intermediate  school  course  established  as  pro- 
vided in  section  one  thousand  seven  hundred  fifty  a  of  the  Political 
Code;  provided,  that  holders  of  elementary  school  certificates  who  have 
completed  two  years  of  work  in  a  college,  or  one  year  of  work  in  a 
college  in  addition  to  a  normal  school  course,  under  regulations  pre- 
scribed by  the  state  board  of  education,  ma}'  teach  in  the  third  year 
of  any  intermediate  school  course. 

(c)  Kindergarten-primary.  Kindergarten-primary  certificates,  author- 
izing the  holders  to  teach  in  any  kindergarten  class  in  the  county. 

(d)  Special  certificate.  Special  certificates,  authorizing  the  holders  to 
teach  in  the  schools  of  the  county  such  branch  or  branches  of  learning 
and  in  such  grades  as  are  named  in  such  certificates.  No  special  certif- 
icate shall  be  granted  except  for  the  oral  teaching  of  the  deaf  or  for 
the  teaching  of  atypical  children  or  for  the  teaching  of  special  classes  in 
citizenship,  or  for  teaching  a  subject  included  under  the  manual  and  fine 
arts,  oral  and  dramatic  expression,  library  craft,  technique  and  use, 
music,  physical  education,  agriculture,  commercial  branches,  commercial 
Spanish,  vocational  guidance  and  technical,  household  and  industrial 
arts,  and  other  vocational  arts,  not  herein  specified. 

4.  Grant  permanent  certificates.  To  grant,  in  accordance  with  the 
provisions  of  this  code,  permanent  certificates  of  the  grade  and  kind 
designated  therein.  Every  certificate  except  a  permanent  certificate 
shall  be  valid  for  six  j^ears;  provided,  that  when  any  certificate  shall 
be  granted  on  a  recommend-ation  or  credential  given  for  a  limited  period 
onl}',  such  certificate  shall  not  be  valid  for  a  longer  period  than  that 
specified  in  such  recommendation  or  credential;  and  provided,  further, 
that  any  certificate  granted  to  a  candidate  who  has  not  had  at  least  one 
year  of  experience  in  teaching  shall  not  be  valid  for  a  longer  period 
than  two  years.  All  certificates  must  be  issued  upon  blank  forms  pre- 
jiared  by  the  superintendent  of  public  instruction,  and  must  havQ  the 
impress  of  the  seal  of  the  county  board  of  edueaBon  and  be  signed  by  a 
majority  of  the  members  of  the  county  board  of  education  issuing  such 
certificate;  and  it  is  further  provided,  that  the  holder  of  ^ny  certificate 
issued  for  a  limited  period  as  hereinabove  provided,  may,  upon  applica- 
tion to  the  county  board  of  education  issuing  the  same,  have  said  cer- 
tificate renewed  for  a  period  of  six  years  from  the  date  of  its  expiration, 
provided  that  the  holder  of  such  limited  certificate  has  completed  one 
year  of  successful  public  school  teaching  and  shall  file  application  for 
such  renewal  with  Iho  county  board  of  education  prior  to  the  date  of 
expiration   of  such  limited  certificate. 

.".  Adopt  list  of  books.  To  adopt  a  list  of  books  and  ajiparatus  for 
district  sdiool  libraries  and  books  for  supplementary  use  in  elementary 
schools  iu  their  resj)cctive  counties  and  cities  and  counties,  as  recpiired 


231  POLITICAL    CODE.  §  1775 

by  section  one  thousand  seven  hiindieil  twelve  of  the  Political  Code; 
jirovided,  that  no  pupil  shall  be  required  to  purchase  said  supplementary 
books,  and  pupils  must  be  expressly  notified  by  teachers  that  it  is  not 
required  or  desirable  that  such  books  for  supplementary  use  be  purchased 
by  pupils  or  parents.  When  supplementary  books  are  purchased,  they 
must  be  paid  for  by  the  school  district.  Except  in  cities  having  a  city 
board  of  education,  to  prescribe  and  enforce  in  the  puT)lic  schools  a 
course  of  study  and  the  use  of  a  uniform  series  of  text-books. 

6.  Revoke  or  suspend  certificates.  To  revoke  or  suspend,  for  immoral 
or  unprofessional  conduct,  evident  unfitness  for  teaching,  or  persistent 
defiance  of,  and  refusal  to  obey  the  laws  regulating  the  duties  of 
teachers,  the  certificates  granted  by  them.  But  no  certificate  shall  be 
revoked  or  suspended  until  after  a  hearing  before  the  county  board  of 
education,  and  then  only  upon  the  affirmative  vote  of  at  least  four 
members  of  the  board.  All  charges  of  immoral  or  unprofessional  con-  , 
duct,  of  evident  unfitness  for  teaching,  or  persistent  defiance  of,  and 
refusal  to  obey  the  laws  regulating  the  duties  of  teachers,  shall  be  pre- 
sented to  the  board  in  writing  and  shall  be  verified  under  oath.  Notice 
of  the  time  of  hearing  and  a  full  and  complete  copy  of  the  charges  shall 
be  furnished  to  the  accused  at  least  ten  daj's  before  the  hearing.  The 
accused  shall  be  given  a  fair  and  impartial  heaiing  and  shall  have  the 
right  to  be  represented  by  counsel.  The  hearing  shall  be  governed  by, 
and  conducted  under,  the  rules  of  the  board. 

7.  Record  of  proceedings.     To  keep  a  record  of  their  proceedings. 

8.  Issue  diplomas.  To  provide  for  the  conferring  of  diplomas  of  gradu- 
ation, by  examination  by  the  county  board  of  education,  and  to  issue 
such  diplomas  of  graduation  from  the  elementary  schools  of  the  county 
except  city  schools  governed  by  city  boards  of  education;  provided,  that 
nothing  herein  shall  be  construed  as  prohibiting  the  county  board  of  edu- 
cation from  issuing  diplomas  of  graduation  without  examination  to  the 
pupils  in  any  school  which  has  been  accredited  by  the  said  county  board 
of  education.  Such  diplomas  shall  be  conferred  only  upon  such  pupils 
as  have  completed  the  course  of  study  prescribed  by  the  board.  All 
diplomas  granted  by  the  county  board  of  education  shall  be  on  blanks 
furnished  by  the  superintendent  of  public  instruction  and  shall  be  signed 
by  the  president  and  secretary  of  the  board. 

9.  Seal.  To  adopt  and  use  in  authentication  of  their  acts,  an  official 
seal,  and  to  have  such  piiuting  done  as  may  be  necessary. 

10.  Prescribe  course  of  study.  To  prescribe  and  it  shall  be  their  duty 
to  prescribe,  on  or  before  the  first  day  of  July  of  each  year,  the  course 
of  study  in  and  for  each  grade  of  the  elementary  schools  of  the  county 
for  the  ensuing  school  year;  provided,  that  such  course  of  study  shall 
not  apply  to  elementary  schools  in  cities  governed  by  city  boards  of 
education.  Whenever  necessary  the  board  may  amend  and  change  the 
course  of  study,  subject  to  sections  one  thousand  six  hundred  sixty-five 
of  this  code.     [Amendment  approved  May  29,  1917;  Stats.  1917,  p.  1315.] 

§  1775.  Certificates  without  examination.  1.  County  boards  of  educa- 
tion may,  without  examination  grant   certificates  as  follows: 


§  1775  POLITICAL    CODE.  232 

(a)  High  school.  High  school  certificates:  (1)  To  the  holders  of  high 
school  credentials  approved  by  the  state  board  of  education  in  accord- 
ance with  the  provisions  of  this  code;  (2)  to  the  holders  of  special  cre- 
dentials issued  by  said  state  board  in  accordance  with  the  provisions  of 
this  code;  (3)  to  holders  of  high  school  certiticatfis  issued  by  any  county 
or  city   and   county   board  of  education   in   this   state. 

(b)  Elementary  school.  Elementary  school  certificates:  To  holders  of 
the  following  credentials:  (1)  Life  diplomas  or  certificates  of  any  state; 
provided,  the  state  board  of  education  in  this  state  shall  have  decided 
that  said  diplomas  or  certificates  represent  experience  and  scholarship 
equivalent  to  the  recpiirements  for  the  elementary  life  diploma  in  Cali- 
tornia;  (2)  California  state  normal  school  diplomas,  San  Francisco  city 
normal  school  diplomas  heretofore  granted,  and  other  normal  school 
diplomas;  provided,  that  the  state  board  of  education  of  this  state  shall 
have  recommended  the  normal  school  issuing  said  diploma  as  being  of 
equal  rank  with  the  state  normal  schools  of  California;  (3)  elementary 
school  teachers"  certificates  of  any  county,  or  city  and  county  of  Califor- 
nia; provided,  that  the  holder  thereof  has  had  eight  months  of  successful 
teaching  experience;  (-4)  diplomas  of  graduation  with  the  bachelor's 
degree  based  upon  a  four-year  course,  granted  bj'  the  University  of  Cali- 
fornia or  any  other  university  accredited  by  the  state  board  of  education 
for  high  school  certification;  provided,  that  the  holder  thereof  has  suc- 
cessfully completed  ten  months  of  experience  in  teaching,  or  twelve 
units  of  pedagogy  according  to  regulations  prescribed  by  the  state  board 
of  education;  (5)  temporary  two-year  certificates  heretofore  granted  by 
county,  or  city  and  county  superintendents  of  schools  in  accordance  with 
law. 

(c)  Kindergarten-primary.  Kindergarten-primary  certificates:  (1)  to 
the  holders  of  kindergarten-primary  certificates  of  any  county,  or  city 
ami  county  of  California;  (2)  to  the  holders  of  diplomas  of  graduation 
truMi  the  kindergarten  department  of  any  state  normal  school  in  the 
state;  (8)  to  the  holders  of  credentials  sliowing  that  the  applicant  has 
had  professional  kindergarten  training  in  an  institution  approved  by 
the  state  board  of  education,  and  also  a  general  education  equivalent  to 
the  lequirements  for  graduation  from  the  kindergarten  department  of 
;i    ( ';i  li  toi  Ilia   state   iioi'iiial   school. 

(il)  Special.  Special  certificates:  (1)  To  the  holders  of  credentials 
a|)[iro\cil  Ijv  the  state  board  of  education,  in  accordance  with  the  pro- 
\isioiis  (if  this  code;  (2)  to  the  holders  of  special  credentials  issued  by 
tlie  state  lio;ii(l  of  education,  in  accordance  with  the  (provisions  of  this 
code. 

2.  Elementary  certificates  to  primary  grade  certificate  holders.  Ele- 
mentary school  certificates  may  be  granted  to  the  holders  of  primary 
grade  certificates  who  shall  pass  satisfactory  examinations  in  such 
liranchos  as  do  not  :ip|pe;ir  en  tlieii-  certificates,  or  in  the  record  of  the 
examination   u|:on   which   the  oiiginal  certificate  was  granted. 

.'{.  Certificates  now  valid  continue  in  force.  .Ml  certificates  and  di- 
liloirias  now  valid  in  (  a  li  I'oriiia  sliall  cnntinne  in  foi'ce  and  cfTect  for  the 
full  teiMi  tor  wliicli  they  were  gr.-inted.  County  hoards  of  education  may 
renew    ati\     certificate    issued    liy    them    |iiioi'    to    the    adojition    of    this    law. 


233  POLITICAL   CODE.  §  1838 

ami  now  in  force,  and  may  renew  certificates  granted  by  authority  of 
law.  Except  as  otherwise  provided,  renewed  certificates  sliall  be  valid 
for  a  period  of  six  years. 

4.  Permanent  certificate  after  five  years'  teaching.  When  the  liolder 
of  any  certificate  or  state  diploma  shall  liave  taught  successfully  in  the 
same  county,  or  city  and  count/',  for  five  years,  the  board  of  education 
of  such  county,  or  city  and  county,  may  grant  a  permanent  certificate 
of  the  kind  and  grade  which  said  applicant  holds,  valid  in  the  county, 
or  city  and  county,  in  which  issued,  during  the  life  of  the  holder,  or  until 
revoked  for  any  of  the  causes  designated  in  subdivision  six  of  section 
one  thousand  seven  hundred  seventy-one  of  this  code;  provided,  that 
such  permanent  certificate  shall  in  no  case  be  of  a  higher  grade  than  the 
grade  of  the  certificate  or  state  di2)loma  on  which  the  teaching  has  been 
done;  and  for  a  permanent  high  school  certificate  twenty  months  of  said 
teaching  shall  have  consisted  of  regular  high  school  work;  and  pro- 
vided, further,  that  a  certificate  when  renewed  the  second  time,  or  any 
time  thereafter,  sliall  become,  by  such  renewal,  a  jiermanent  certificate, 
if  the  holder  of  said  certificate  shall  have  complied  with  all  the  conditions 
of  this  subdivision. 

5.  Holders  of  existing  certificates.  No  teacher  shall  be  employed  to 
teach  in  any  way  in  any  school  if  the  certificate  held  by  the  teacher  is  of 
a  grade  below  that  of  the  school  or  class  to  be  taught,  nor  shall  a  teacher 
holding  a  special  certificate  be  employed  to  teach  any  subject  not  author- 
ized in  such  certificate;  provided,  that  the  holders  of  existing  primary 
certificates,  or  of  the  same  when  hereafter  renewed  or  made  permanent 
shall  be  eligible  to  teach  in  any  of  the  grades  of  the  day  or  evening 
elementary  schools  below  the  sixth  year,  and  not  including  the  kinder- 
garten grades;  and  in  any  day  or  evening  elementary  school  of  the 
county,  or  city  and  county,  which  the  county  or  city  and  county  superin- 
tendent shall  designate  as  a  primary  school;  and  provided,  further,  that 
the  holder  of  any  valid  special  certificate  for  kindergarten  work,  or  of 
any  kindergarten-primarj'  certificate,  who  has  had  at  least  one  year  of 
training  in  a  state  normal  school  in  California,  or  other  normal  school 
accredited  by  the  state  board  of  education,  or  one  year  of  teaching  in 
an  elementary'  school  shall  be  entitled  to  teach  in  the  first  grade  of  the" 
elementary  school. 

6.  High  school  librarian.  No  librarian  sliall  be  employed  for  more 
than  two  hours  a  day  in  any  high  school,  unless  such  librarian  holds  a 
high  school  certificate  or  a  special  teachers'  certificate  in  library  craft 
technique  and  use,  of  secondary  grade,  granted  in  accordance  with  the 
provisions  of  this  code.  Such  librarians  shall  rank  as  teachers,  and  shall 
be  subject  to  the  burdens  and  entitled  to  the  benfits  of  the  public  school 
teachers  retirement  salary  fund  law  on  the  same  basis  as  other  teachers. 
[Amendment  approved  May  29,   1917;  Stats.   1917,  p.   1317.] 

§  1838.  Estimate  of  amount  needed  for  building  purposes.  Levy  of 
tax.  Building  fund.  Maximum  rate.  The  board  of  school  trustees  or 
the  board  of  education  of  any  school  district  or  of  any  city,  or  city  and 
count}',  may,  at  least  fifteen  days  before  the  first  day  of  the  month  in 
which  the  board  of  supervisors  is  required  by  law  to  levy  the  taxes  re- 


§  1858  POLITICAL    CODE.  234 

quired  for  county  purposes,  submit  to  the  county  superintendent  of 
schools  an  estimate  of  any  amount  of  money  in  excess  of  the  amounts  on 
hand  and  available  for  building  purposes,  which  will  be  required  for 
purchasing  school  lots,  for  building  or  purchasing  one  or  more  school 
buildings  or  making  alterations  or  additions  to  any  school  building  or 
bu  Idings,  for  repairing,  restoring  or  rebuilding  any  school  building 
damaged,  injured,  or  destroyed  by  fire,  or  other  public  calamity,  for 
insuring  school  buildings,  for  supplying  school  buildings  with  furniture 
or  necessary  apparatus  or  for  improving  school  grounds,  in  their  several 
districts  for  the  ensuing  school  year,  or  for  liquidating  any  indebtedness 
incurred  for  said  purposes  or  any  of  tliem  during  the  preceding  school 
year. 

Ihe  county  superintendent  of  schools  shall  thereupon  examine  said 
estimates,  and  submit  copies  of  the  same  with  his  approval  or  disap- 
proval endorsed  thereon,  to  the  board  of  supervisors  and  to  the  county 
auditor  at  the  time  he  submits  to  them  his  estimate  for  the  county  school 
tax  for  the  ensuing  school  year.  If  the  county  superintendent  of  schools 
approve  such  estimate,  the  said  board  of  supervisors  may,  at  the  time 
and  in  the  manner  of  levj^ing  other  taxes,  levy  and  cause  to  be  collected 
in  the  several  school  districts  for  which  estimates  have  been  submitted 
and  approved  as  herein  jirovided,  the  excess  amounts  so  submitted  and 
approved.     The   funds   so   levied    and    collected   shall   be   known   as   the 

building  fund  of school  district  (as  the  case  may  be),  and  shall  be 

available  for  any  or  all  'of  the  purposes  hereinbefore  enumerated,  and 
the  moneys  drawn  from  such  fund  shall  be  paid  out  in  the  same  manner 
as  are  moneys  from  the  building  funds  of  school  districts;  provided, 
that  the  maximum  rate  of  taxation  which  may  be  levied  under  this  sec- 
tion shall  not  exceed  fifteen  cents  on  the  one  hundred  dollars;  provided, 
this  section  shall  not  be  so  construed  as  to  repeal  sections  one  thousand 
eight  hundred  thirty  and  one  thousand  eight  hundred  thirty-seven,  in- 
clusive, and  one  thousand  eight  hundred  forty  of  the  Political  Code,  or 
any  part  or  parts  thereof  and  any  tax  levied  under  the  provisions  of  this 
section  shall  be  in  addition  to  any  tax  for  maintenance  levied  under  the 
provisions  of  section  one  thousand  eight  hundred  forty  of  the  Political 
•Code.      I  New  section  added  June  1,  1917;  Stats.  1917,  p.  1560.] 

§  1858.  Apportionment  of  school  moneys  for  elementary  grades.  The 
school  superintendent  of  every  county  and  city  and  county  must  appor- 
tion all  state  and  county  school  moneys  for  the  elementary  grades  of  his 
county  or  city  and  county  as  follows: 

Ascertaining  number  of  teachers  for  school  districts.  First — He  must 
;i,si-i'it;iiii  tlu^  numl)er  of  teachers  each  school  district  is  entitled  to  by 
calculating  one  teacher  for  every  district  having  thirty-five  or  a  less 
number  of  units  of  average  daily  attendance  and  one  additional  teacher 
for  each  additional  thirty-five  units  of  average  daily  attendance,  or  frac- 
tion of  tliirty-five  not  less  than  ten  units  of  average  daily  attendance  as 
shown  by  the  annual  school  report  of  the  school  district  for  the  next 
preceding  school  year;  and  two  additional  teachers  shall  be  allowed  to 
each  district  for  every  seven  hundred  units  of  average  daily  attendance; 
and  in  districts  wherein  separate  classes  are  established  for  the  instruc- 
tion of  the  deaf,  as  providtMl  in  j^.clion  one  thousand  six  hundred  eight- 


235  POLITICAL   CODE.  §  1858 

tccn  of  this  code,  an  additional  teacher  for  each  nine  deaf  children,  or 
fractioji  of  such  number,  not  less  than  five,  actnally  attending  such 
classes. 

Ascertaining  number  of  teachers  for  cities  or  cities  and  counties. 
Second — He  must  ascertain  the  total  number  of  teachers  for  the  county 
or  city  and  county  by  adding  together  the  number  of  teachers  allowed 
to  the  several  districts.  He  must  make  an  annual  report  of  the  schools 
of  his  county  or  city  and  county  under  oath  to  the  superintendent  of 
public  instruction  not  later  than  August  first  of  each  year,  and  must 
report  the  number  of  teachers  ascertained  and  allowed  to  his  county  or 
fity  and  county  by  the  rule  or  provisions  of  subdivision  one  hereof. 

Allowance  for  each  teacher.  Third — Five  hundred  fifty  dollars  shall 
!)('  apj)ortioneil  to  every  school  districtfor  every  teacher  so  allowed  to  it; 
jirovided,  that  to  districts  having  over  thirty-five  or  a  multiple  of  thirty- 
live  units  of  average  daily  attendance  and  a  fraction  of  less  than  ten 
units  of  average  daily  attendance,  forty  dollars  shall  be  apportioned  for 
each  unit  of  average  daily  attendance  in  said  fraction. 

Remainder  apportioned  by  daily  attendance.  Fourth — All  school 
moneys  remaining  on  hand,  after  apportioning  to  the  school  districts 
the  moneys  provided  for  in  subdivision  three  of  this  section,  must  be 
apportioned  to  the  several  districts  in  proportion  to  the  average  daily 
attendance  in  each  district  during  the  next  preceding  school  year.  In 
any  newly  organized  school  district  where  school  was  not  maintained 
during  the  school  year  in  which  it  was  organized  the  county  superin; 
teudent  shall  apportion  seven  hundred  dollars  to  the  newly  organized 
school  district  for  the  purpose  of  maintaining  school  therein  during  the 
school  year  next  succeeding  the  school  year  in  Avhich  it  was  organized. 

Minimum  full  day's  attendance.  Fifth — A  minimum  full  day's  attend- 
ance on  the  regular  full-time  elementary  day  school  as  hereby  estab- 
lished, is,  for  a  pupil  of  the  first,  second,  or  third  grade,  two  hundred 
minutes,  and  for  a  pupil  of  the  fourth,  fifth,  sixth,  seventh,  or  eighth 
grade,  two  hundred  forty  minutes,  of  actual  attendance  for  any  given 
day  upon  school  sessions,  exclusive  of  intermissions.  When  a  pupil  is 
absent  from  the  first,  second,  or  third  grade  of  a  regular  full-time  day 
school,  for  any  day,  session,  or  part  of  a  session,  five  per  cent  of  a  day's 
absence  must  be  recorded  for  each  full  teu-minutc  period  of  absence; 
and  when  a  pupil  is  absent  from  any  other  grade  of  said  elementary 
school  for  any  day,  session  or  part  of  a  session,  five  per  cent  of  a  day's 
absence  must  be  recorded  for  each  full  twelve-minute  period  of  absence; 
provided,  however,  that  such  record  may  not  for  any  one  day  exceed  one 
hundred  per  cent.  The  actual  attendance  of  a  pupil  upon  a  regular 
full-time  day  school  for  any  given  length  of  time  shall  be  the  number 
of  days  school  was  actually  taught  during  such  time  less  the  sum  of  his 
absences.  The  actual  time  in  minutes  that  pupils  are  in  attendance 
upon  evening  schools  and  the  special  day  and  special  evening  classes  of 
day  schools  of  elementary  and  secondary  grade  shall  be  kept.  A  full 
day's  attendance  upon  such  schools  or  classes  shall  be  four  sixty-minute 
hours.  Units  of  average  daily  attendance  in  elementary  schools  shall  be 
construed  to  be  the  quotient  arising  from  dividing  the  total  number  of 
days   of   pupils'    attendance   in   the   regular   full-time   day   and   evening 


§  1858  POLITICAL   CODE.  236 

elementary  schools  including  the  special  day  and  evening  classes  of  the 
elementary  schools  of  the  district  for  the  school  year  by  the  number  of 
days  school  was  actually  taught  in  the  regular  elementary  day  schools 
of  the  district  during  said  year;  and  units  of  average  daily  attendance 
in  secondary  schools  shall  be  construed  to  be  the  quotient  arising  from 
dividing  the  total  number  of  days  of  pupils'  attendance  in  the  regular 
full-time  secondary  schools,  the  evening  secondary  schools,  the  special 
day  and  evening  classes  of  secondary  schools,  and  the  part-time  voca- 
tional courses  of  the  district  for  the  school  year  by  the  number  of  days 
school  was  actually  taught  in  the  regular  secondary  day  schools  of  the 
district  during  said  year. 

Uniform  regulations  governing  keeping  attendance.  Sixth — Subject  to 
the  provisions  of  this  code,  the  state  board  of  education  shall  adopt  uni- 
form regulations  governing  the  keeping  of  attendance  in  all  secondary 
schools.  In  adopting  regulations  governing  the  keeping  of  the  attendance 
of  pupils  upon  the  part-time  vocational  courses  provided  for  in  section 
one  thousand  seven  hundred  fifty  c  of  this  code,  the  state  board  may, 
in  its  discretion,  provide  that  the  time  spent  by  a  pupil  in  practical 
vocational  work  shall  be  counted  in  making  up  each  six-hour  minimum 
daily  unit  of  attendance. 

When  school  closed  because  of  contagious  disease,  etc.  Seventh — 
Where  a  school  in  a  district  maintaining  more  than  one  school  is  closed 
for  a  part  of  a  term  by  order  of  a  city  or  county  board  of  health  or  of 
.the  state  board  of  health,  on  account  of  contagious  disease,  or  where 
such  school  has  been  closed  on  account  of  fire,  flood  or  other  public  dis- 
aster, the  average  daily  attendance  of  said  school  shall  be  estimated 
separately  and  added  to  the  average  daily  attendance  of  the  other 
schools  of  the  district.  The  units  of  average  daily  attendance  of  said 
school  shall  be  determined  by  dividing  the  total  number  of  days  of 
pupils'  attendance  upon  such  school  including  the  special  day  and  eve- 
ning classes  and  the  part-time  vocational  courses  by  the  number  of  full- 
day  sessions  actually  maintained  in  such  school  during  the  year;  pro- 
vided, that  where  such  number  is  less  than  one  hundred  twenty  days 
the  divisor  shall  be  one  hundred   twenty. 

When  districts  do  not  have  sufacient  funds.  Eighth. — Whenever  in 
any  school  year,  prior  to  the  receipt  by  the  school  districts  of  any 
county,  or  city  and  county  of  this  state,  of  their  state,  county,  or  city 
and  county,  or  special  or  high  school  fund,  the  school  districts  of  that 
county,  or  city  and  county  shall  not  have  sufficient  money  to  their  credit 
to  pay  the  lawful  demands  against  them,  the  county  or  city  and  county 
superintendent  shall  give  the  treasurer  of  said  county  or  city  and  county, 
an  estimate  of  the  amount  of  school  money  that  will  next  be  paid  into 
tlio  county  or  city  and  county  treasury,  stating  the  amount  to  be  appor- 
tioned to  each  district.  Upon  the  receipt  of  such  estimate  it  shall  be 
the  duty  of  the  treasurer  of  said  county,  or  city  and  county,  to  transfer 
from  any  fund  not  immediately  needed  to  pay  the  claims  against  it,  to 
the  proi)er  school  fund  an  amount  not  to  exceed  ninety  per  cent  of  the 
Minriunt  estimated  by  the  sufterintciident,  and  he  shall  immediately  notify 
the  superintendent  of  the  amount  so  transferred.  The  funds  so  trans- 
ferred to  the  school  fund  shall  be  retransferred  by  the  treasurer  to  the 


237  POLITICAL  CODE.  §§  1878-1918 

fund  from  which  they  were  taken,  from  the  first  money  paid  into  the 
school  fund  after  the  transfer.  [Amendment  approved  May  31,  1917; 
Stats.  1917,  p.  1385.] 

§  1878.     School    year,    commencement    and    end.     [Eepealed   May    18, 
1917;   Stats.  1917,  p.  708.] 

§  1891.     School  districts  in  different  counties.     When  any  school  dis- 
trict is  situated  partly  in  two  or  more  counties,  all  returns,  reports,  cer- 
tificates, estimates,  petitions  and  other  papers  of  any  kind  required  to 
be  filed  with  or  presented  to  the  board  of  supervisors  by  any  provision 
of  this  code  relating  to  schools  and  school  districts  shall  be  filed  with 
or   presented  to  the   supervisors   of  every  county  in  which  any  portion 
of  said  district  may  be  situated,  and  all  action  required  to  be  taken  by 
the  board  of  supervisors  regarding  any  such  matters  shall  be  taken  by 
the   concurrent  action  of  the  respective  boards  of  supervisors  of  every 
county   in   which    any   portion    of   said   district   may   be   situated.     The 
assessor  of  each  of  such  counties  shall  annually  certify  to  the  board  of 
supervisors  of  each  of  the  counties  in  which  any  portion  of  such  school 
district  is  situated  the  assessed  value  of  all  taxable  property  in  such 
county  situated  in  such  school  district  as  ajipears  from  the   last  assess- 
ment roll  of  his  county,  such  certificate  to  be  made  in  the  same  manner 
and  at  the  same  time  as  is  required  for  school  districts  located  wholly 
within  the  boundaries  of  one  county.     The  board  of  supervisors  of  each 
county  shall  thereupon  determine  the  rate   of  taxation  necessary  to  be 
levied  upon   the  property  in   said   district  situated  in   the   county,  such 
rate   to   be   sufficient   to   meet   the   proportion   of   taxes   necessary  to   be 
raised  in  the  county  for  the  purpose  of  paying  the  principal  and  inter- 
est of  the  bonds  of  the  district  and  all  other  expenses  of  the  district  as 
shown  by  the  estimate  of  the  county  superintendent  of  schools  having 
jurisdiction  over  such  district.     Such  taxes  shall  be  assessed,  levied  and 
collected  in  the  same  manner  and  at  the  same  time  as  county  taxes  are 
assessed,  levied  and  collected,  and  the  moneys  so  received  shall,  on  de- 
mand of  the  board  of  trustees  of  any  such  school  district,  be  deposited 
in   the  county  treasury  of  the   county  whose   superintendent   of  schools 
has  jurisdiction   over   such  school   district,  and  said   county  treasury  is 
hereby  declared  to  be  the  legal  depositary  of  such  school  district.     The 
moneys  so  deposited  shall  be  placed  in  the  school  fund  of  such  school 
district  to  be  expended  in  the  same  manner  as  moneys  of  other  school 
districts    are    expended.     [Amendment    approved    May    18,    1917,    Stats. 
1917,  p.  711.] 

§  1918.    Articles  of  war  of  United  States  army  adopted.     The  articles 

of  war  governing  the  United  States  army  so  far  as  such  articles  are  not 
inconsistent  with  the  rights  reserved  to  the  state  of  California  and  guar- 
anteed under  the  constitution  of  the  state  of  California,  are  hereby 
adopted  for  the  government  of  the  national  guard  of  this  state.  No 
punishment  under  such  articles  of  war  which  shall  extend  to  the  taking 
of  life  shall  in  any  case  be  inflicted  except  in  time  of  actual  war,  inva- 
sion, or  insurrection,  declared  by  proclamation  of  the  governor  to  exist 
Rnd  then  only  after  the  approval  by  the  governor  of  such  punishment. 


§§  1919-1925  POLITICAL  CODE.  238 

Imprisonnient  other  than  in  the  guardhouse  shall  be  executed  in  jails  or 
:u  prisons  designated  by  the  governor  for  that  purpose.  [Amendment 
approved  May  10,  1917;  Stats.  1917,  p.  .'503.] 

§  1919.     Application  of  United  States  laws,  rules  and  regulations.     All 

ai-ts  of  congress  and  all  rules  and  regulations  for  the  government  of  the 
United  States  army  so  far  as  the  same  arc  not  inconsistent  with  the 
rights  reserved  to  the  state  of  California  and  guaranteed  under  the  con- 
stitution of  the  state  of  California,  constitute  the  rules  and  regulations 
for  the  government  of  the  national  guard.  [Amendment  approved  May 
1(1,   1917j   Stats.   1917,  p.  303.] 

§  1924.  Bond  of  adjutant-general.  The  adjutant-general  must  exe- 
cute an  official  bond  in  the  sum  of  ten  thousand  dollars,  and  the  assist- 
ant adjutant-general  must  execute  an  ofJficial  bond  in  the  sum  of  two 
thousand  dollars.  [Amendment  approved  May  10,  1917j  Stats.  1917, 
p.  303.] 

§  1925.  Staff  departments  of  national  guard.  Duty  of  commander-in- 
chief  concerning  organization.  The  national  guard  of  California  shall 
consist  of  the  following  staff  departments,  to  wit:  An  adjutant-general's 
department,  an  inspector-general's  department,  a  judge  advocate- 
general's  department,  a  quartermaster  corps,  a  medical  department, 
a  corps  of  engineers,  an  ordnance  department,  a  signal  corps,  an 
aviation  corps,  and  such  other  staff  departments  as  may  be  prescribed 
and  authorized  by  the  national  defense  act  of  June  3,  1916,-  and 
the  various  amendments  thereto;  it  shall  also  consist  of  the  commis- 
sioned officers  who  shall  hereafter  be  placed  in  the  national  guard  re- 
serve; it  shall  also  consist  of  all  organizations  now  forming  the  national 
guard  of  this  state  under  the  terms  of  the  said  national  defense  act  of 
June  3,  1916,  and  the  amendments  thereto;  and  shall  include  the  naval 
militia  of  this  state;  it  shall  also  consist  of  such  other  organizations  as 
may  be  required  by  the  national  defense  act  of  June  3,  1916,  and  the 
amendments  thereto.  The  commander-in-chief  shall  have  the  power, 
and  it  shall  be  his  duty  to  change  the  organization  of  the  national  guard 
of  this  state  so  as  to  conform  to  any  organization,  system  of  drill  or 
instruction  now  or  hereafter  prescribed  by  the  laws  and  regulations  of 
the  United  States  for  the  organization  and  government  of  the  national 
guard,  and  for  that  purpose  the  number  of  officers  and  noncommissioned 
odicers  of  any  grade  may  be  increased  or  diminished  or  the  grades  may 
Ite  altered  or  created  whenever  necessary  lo  procure  such  uiiiforuiity. 
I  Amendment  approved  May  10,  1917;  Stats.   1917,  p.  303.  | 

Another  section  1925  was  adojjteil  at  1  h(>  same  session  ol'  the  Icgisla- 
fure,  as  follows: 

§  1925.  National  guard  organization  under  national  defense  act  of 
June  3,  1916.  Tlie  national  guard  of  California  shall  consist  of  the  fol- 
lowing staff  departments,  to  wif:  An  adjutant-general's  department,  an 
iiispeclor-gonerars  departmeni,  a  judge  advocate-general's  department,  a 
(juartcrmaster  corps,  a  medical  department,  a  corps  of  engineers,  an 
ordnance  dejiartment,  a  signal  corps,  an  aviation  corps,  and  such  other 
slalT  di'|i:ir(Mii'iits  as  may  be  prescribed  and  authorized  by  the  national 


239  poLiTicAi.  CODE.  §§  li)2(),  1927 

defense  act  of  June  3,  191G,  and  the  various  anieiubnents  thereto;  it 
shall  also  consist  of  the  commissioned  officers  who  shall  hereafter  be 
placed  in  the  national  guard  reserve;  it  shall  also  consist  of  all  organiza- 
tions now  forming  the  national  guard  of  this  state  under  the  terms  of 
the  said  national  defense  act  of  June  3,  191G,  and  the  amendments 
thereto;  and  shall  include  the  naval  militia  of  this  state;  it  shall  also 
consist  of  such  other  organizations  as  are  now  formed  under  or  as  may 
be  required  by  the  national  defense  act  of  June  3,  1916,  and  the 
amendments  thereto.  The  commander-in-chief  shall  have  the  power,  and 
it  shall  be  his  duty  to  change  the  organization  of  the  national  guard  of 
this  state  so  as  to,  conform  to  any  organization,  system  of  drill  or  in- 
struction now  or  hereafter  prescribed  by  the  laws  and  regulations  of 
the  United  States  for  the  organization  and  government  of  the  national 
guard,  and  for  that  purpose  the  number  of  officers  and  noncommissioned 
olificers  of  any  grade  may  be  increased  or  diminished  or  the  grades  may 
be  altered  or  created  whenever  necessary  to  procure  such  uniformity. 
[Amendment  approved  March  2,  1917;   Stats.   1917,  p.  10.] 

§  2.  Urgency  measure.  Inasmuch  as  the  present  unsettled  and 
threatening  condition  of  international  relations  makes  it  essential  that 
the  state  shall  have  at  its  disposal  at  the  earliest  possible  moment  every 
military  organization  within  its  borders,  the  amendments  to  section  one 
thousand  nine  hundred  twenty-five  of  the  Political  Code  hereby  made 
are  declared  to  be  necessary  for  the  immediate  preservation  of  the  public 
peace  and  safety  and  this  act  is  declared  to  be  an  urgency  measure 
within  the  meaning  of  section  one   of  article  four  of  the   constitution. 

Another  section  1925  was  adopted  at  the  same  session  of  the  legis- 
lature.    See  prior  section. 

§  1926.  Rules  and  regulations  not  inconsistent  with  those  of  United 
States.  The  eomnmnder-in-ehief  shall  make  such  rules  and  regulations 
for  the  government,  administration  and  control  of  the  departments, 
cordis  and  organizations  of  the  national  guard  not  inconsistent  with  the 
laws,  regulations  and  customs  of  the  service  of  the  United  States  army 
or  navy,  and  the  laws  of  this  state,  as  he  may  deem  necessary  to  render 
the  departments,  corps  and  organizations  efficient.  [Amendment  ap- 
proved May  10,  1917;  Stats.  1917,  p.  304.] 

§  1927.  Adjutant-general's  department.  Appointment.  Qualifications. 
Clerical  force.  The  adjutant-general's  department  shall  consist  of  one 
brigadier-general,  and  one  lieutenant-colonel,  both  of  whom  shall  be 
either  commissioned  in  the  adjutant-general's  department  or  detailed 
from  officers  of  other  arms  of  the  service  or  in  the  national  guard  re- 
serve and  such  other  officers  as  may  be  prescribed  by  the  national  de- 
fense act  of  June  3,  1916,  and  the  various  amendments  thereto.  The 
brigadier-general  shall  be  chief  of  the  department  and  his  designation 
shall  be  the  adjutant-general,  state  of' California;  the  lieutenant-colonel 
shall  be  designated  the  assistant  adjittant-general,  state  of  California. 
The  adjutant-general  will  be  appointed  by  and  hold  office  at  the  pleasure 
of  the  governor  or  until  his  successor  is  appointed  and  qualifies.  The 
assistant  adjutant-general  will  be  appointed  by  the  governor,  taking 
into  consideration  the  recommendation  of  the  adjutant-general,  and  shall 


§§  1928a,  1928b       political  code.  240 

hold  office  at  the  pleasure  of  the  governor,  or  until  his  successor  is  ap- 
pointed and  qualifies;  provided,  that  the  qualifications  for  the  appoint- 
ment to  the  grades  of  brigadier-general  and  lieutenant-colonel  in  the 
adjutant-general's  department  shall  be  the  same  as  prescribed  in  section 
one  thousand  nine  hundred  thirty-four  of  this  code  for  a  general  officer. 
The-  officer  appointed  the  assistant  adjutant-general  shall  be  on  duty  in 
the  adjutant-general's  office.  All  officers  in  the  adjutant-general's  de- 
partment shall  be  appointed  by  the  governor,  taking  into  consideration 
the  recommendation  of  the  adjutant-general,  and,  with  the  exception  of 
the  adjutant-general  and  the  assistant  adjutant-general,  shall  hold  their 
positions  until  they  shall  have  reached  the  age  of  sixt^-four  years,  unless 
retired  prior  to  that  time  by  reason  of  resignation,  disability,  or  for 
cause  to  be  determined  by  a  court-martial  legally  convened  for  that  pur- 
pose; provided,  that  the  officers  of  the  adjutant-general's  department 
that  are  to  be  assigned  to  brigades  shall  be  appointed  as  provided  for 
other  staif  officers  in  section  one  thousand  nine  hundred  fifty-seven  of 
this  code.  All  officers  appointed  to  the  grade  of  major  in  the  adjutant- 
general's  department  shall  have  served  not  less  than  two  years  as  com- 
missioned officers  in  the  national  guard  of  California.  There  shall  be 
employed  in  the  adjutant-general's  office  the  following  clerical  force: 
one  chief  clerk;  three  clerks;  and  one  stenographer  and  clerk.  There 
shall  also  be  employed  in  the  adjutant-general's  office  one  military  store- 
keeper, and  one  assistant  military  storekeeper  and  porter.  [Amend- 
ment approved  May  10,  1917;  Stats.  1917,  p.  304.] 

§  1928a.  Inspector-general's  department.  The  inspector-general's  de- 
partment shall  consist  of  such  officers  of  the  grades  and  numbers  as  may 
be  prescribed  by  the  commander-in-chief  and  the  same  shall  be  of  the 
grades  and  numbers  as  are  authorized  and  prescribed  by  the  laws  and 
regulations  of  the  war  department  for  the  corresponding  department  of 
the  United  States  army  and  as  are  authorized  and  prescribed  by  said 
laws  and  regulations  of  the  war  department  for  the  national  guard.  The 
duties  of  the  oflScers  of  the  inspector-general's  department  shall  be  such 
as  prescribed  by  the  commander-in-chief  and  shall  conform  to  the  duties 
prescribed  by  orders  and  regulations  of  the  war  department  for  like 
officers  of  the  United  States  army.  [Amendment  approved  May  10, 
1917;  Stats.  1917,  p.  305.] 

§  1928b.  Judge  advocate-general's  department.  The  judge  advocate- 
general's  department  shall  consist  of  such  officers  of  the  grades  and  num- 
bers as  may  be  prescribed  by  the  commander-in-chief  and  the  same  shall 
be  of  the  grades  and  number  as  are  authorized  and  prescribed  by  the 
Imws  and  regulations  of  the  war  department  for  the  corresponding  de- 
jiartment  of  the  United  States  army,  and  as  are  authorized  and  pre- 
scribed by  said  laws  and  regulations  of  the  war  department  for  the 
national  guard.  The  duties  of  the  officers  of  the  judge  advocate-general's 
department  shall  ho  as  are  prescribed  by  the  commander-in-chief,  and 
sliail  conform  to  the  duties  prescribed  by  the  orders  and  regulations  of 
tlie  war  department  for  like  officers  of  the  United  States  army.  [Amend- 
iiK'iit  api>roved  Mny   U),  1917;  Stats.  1917,  p.  305.] 


241  POLITICAL  CODE.  §§  1928d-1930 

§  1928d.  Quartermaster  corps.  The  quartermaster  corps  shall  consist 
of  a  quartermaster-general  (who  shall  be  adjutant-general),  and  of  such 
officers,  enlisted  men  aud  civilian  employees  as  arc  deemed  necessary  by 
the  commander-in-chief  in  organizing  said  corps  under  the  provisions  of 
section  one  thousand  nine  hundred  twenty-five  of  this  title,  and  such 
officers  and  enlisted  men  shall  have  the  same  titles  as  those  of  corre- 
sponding grade  in  the  United  States  army,  and  shall  be  of  the  same 
grades  and  numbers  as  are  authorized  or  prescribed  by  the  laws  and 
regulations  of  the  United  States  for  the  corresponding  corps  of  the 
United  States  army,  or  as  authorized  or  prescribed  by  the  said  laws  and 
regulations  of  the  war  department  for  the  national  guard.  The  enlist- 
ments in  the  quartermaster  corps  and  the  appointments  of  noncommis- 
sioned officers  and  the  employment  of  civilian  employees  therein  shall  be 
as  prescribed  by  the  commander-in-chief.  The  duties  of  the  officers,  the 
enlisted  men  and  civilian  employees  of  the  quartermaster  corps  shall 
be  such  as  prescribed  b}^  the  commander-iu-chief  and  shall  conform  to  the 
duties  prescribed  by  orders  and  regulations  of  the  war  department  for  a 
like  corps  of  the  United  States  army.  [Amendment  approved  May  10, 
1917;  Stats.  1917,  p.  305.] 

§  1929.  Medical  department.  The  medical  department  of  the  national 
guard  of  California  shall  consist  of  a  medical  corps,  dental  corps,  a 
hospital  corps,  the  medical  department  of  the  naval  militia,  and  of  such 
officers  and  enlisted  men  as  are  deemed  necessary  by  the  commander- 
in-chief  in  organizing  said  department  under  the  provisions  of  section 
one  thousand  nine  hundred  twenty-five  of  this  title,  and  such  officers 
aud  enlisted  men  shall  have  the  same  title  as  those  of  corresponding 
grades  of  the  United  States  army  or  United  States  navy,  and  shall  be 
of  the  same  grades  and  numbers,  as  are  authorized  or  prescribed  by  the 
laws  and  regulations  of  the  United  States  for  the  medical  department 
of  the  United  States  army  or  navy,  or  as  authorized  and  prescribed  by 
the  said  laws  or  regulations  of  the  war .  or  navy  departments  for  the 
national  guard  or  naval  militia.  The  duties  of  the  officers  and  enlisted 
men  of  the  medical  department  shall  be  such  as  prescribed  by  the 
commander-in-chief  and  shall  conform  to  the  duties  prescribed  by  orders 
ur  regulations  of  the  war  or  navy  departments  for  a  like  department 
of  the  United  States  army  or  navy.  When  deemed  necessary  by  the 
commander-in-chief  a  medical  reserve  corps,  or  female  nurse  corps,  or 
both,  may  be  provided.  [Amendment  approved  May  10,  1917;  Stats. 
1917,   p.   306.] 

§  1930.  Corps  of  engineers.  The  corps  of  engineers  shall  consist 
of  such  officers  and  enlisted  men  of  the  grades  and  numbers  as  may 
be  prescribed  by  the  commander-in-chief,  and  the  same  shall  be  of  the 
grades  and  numbers  as  are  authorized  and  prescribed  by  the  laws  and 
regulations  of  the  war  department  for  the  corresponding  corps  of  the 
United  States  army,  and  as  are  authorized  and  prescribed  by  the  said 
laws  and  regulations  of  the  war  department  for  the  national  guard. 
The  duties  of  officers  and  enlisted  men  of  the  corps  of  engineers  shall 
be  such  as  prescribed  by  the  commander-in-chief  and  shall  conform  to 
the  duties  prescribed  by  the  orders  and  regulations  of  the  war  depart- 
16 


§§  1931-1934-  POLITICAL  CODE.  242 

ment   for   like    officers    and    enlisted    men    of    the    United    States    army. 
[Ameudmeut  approved  May  10,  1917;  Stats.  1917,  p.  306.] 

§  1931.  Signal  corps.  The  signal  corps  shall  consist  of  such  officers 
and  enlisted  men  of  the  grades  and  numbers  as  may  be  prescribed  by 
the  commander-in-chief,  and  the  same  shall  be  of  the  grades  and  num- 
bers as  are  authorized  and  prescribed  by  the  laws  and  regulations  of 
the  war  department  for  the  corresponding  corps  of  the  United  States 
army,  and  as  are  authorized  and  prescribed  by  said  laws  and  regula- 
tions of  the  war  department  for  the  national  guard.  The  duties  of 
the  officers  and  enlisted  men  of  the  signal  corps  shall  be  as  prescribed 
by  the  commander-in-chief  and  shall  conform  to  the  duties  prescribed 
by  the  orders  and  regulations  of  the  war  department  for  like  officers 
and  enlisted  men  of  the  United  States  army.  [Amendment  approved 
May  10,  1917;  Stats.  1917,  p.  306.] 

§  1932.  Coast  artillery.  The  coast  artillery'  shall  be  organized  as  a 
corps  and  shall  consist  of  such  number  of  companies  as  may  be  author- 
ized. The  number  and  qualifications  of  the  officers  and  enlisted  men 
belonging  to  such  coast  artillery  corps  shall  conform  to  the  tables  of 
organizations  for  such  corps  prescribed  by  the  rules  and  regulations  of 
the  United  States  army.  [Amendment  approved  May  10,  1917;  Stats. 
1917,  p.  307.] 

§  1932|.  Field,  artillery.  The  field  artillery  shall  be  organized  into 
batteries,  battalions,  separate  battalions,  and  regiments,  conforming  to 
similar  organizations  of  the  United  States  army  as  to  numbers,  ranks 
and  grades  of  commander,  officers,  staffs,  enlisted  men  and  equipment; 
provided,  that  the  commander  of  a  separate  battalion  shall  have  on  his 
staff  one  veterinarian,  who  when  in  active  service  shall  draw  the  same 
pay  as  a  veterinarian  of  the  United  States  army.  He  shall  be  ap- 
pointed as  staff  officers  are  appointed.  [Amendment  approved  May  10, 
1917;   Stats.  1917,  p.  307.] 

§  1SS3.  Cavalry,  The  cavalry  shall  consist  of  such  number  of  troops 
as  the  comiiiaiulor-in-chief  shall  designate.  The  troops  of  cavalry  shall 
1)6  organized  into  regiments,  or  squadrons,  at  the  discretion  of  the 
commander-in-cliief.  Such  nifmber  of  officers  and  enlisted  men  of  the 
ranks  and  grades  that  obtain  in  the  United  States  army  for  similar 
organizations,  shall  constitute  the  organizations  of  the  cavalry  of  the 
national  guard;  provided,  however,  that  for  a  separate  squadron  of 
cavalry  the  commander-in-chief  shall  appoint  one  veterinarian  who  shall 
l)e  on  the  staff"  of  the  scpiadron  commander,  and  who,  when  in  active 
service,  shall  receive  tlie  same  pay  as  a  veterinarian  in  the  United 
States  army.      [  Aiiiciidmcut   approved  May  10,  1917;   Stats.  1917,  p.  307.] 

§1934.  Infantry.  TIk;  organization  of  infantry  of  the  national 
guard  shall  coiiforiii  in  uumlicrs  and  grades,  of  commander,  staffs, 
officers  and  enlisted  incii,  1o  similar  organizations  of  the  United  States 
army.  Tlic  infanlry  shall  ])e  organized  into  brigades,  regiments,  bat- 
lalions,  separate  battalions,  comi>anies,  separate  companies,  and  detach- 
ments, conforming  as  to  ollicers,  staff,  personnel  and  equipment  to  like 


243  POLITICAL  CODE.  §§  1951-1954 

organizations  of  the  United  States  army.  The  minimiim  strength  of  an 
infantry  company  of  the  national  gnard  in  time  of  peace  shall  be  such 
ollifers  and  enlisted  men  of  such  numbers  and  grades  as  are  deemed 
necessary  by  the  commander-in-chief,  and  in  conformance  with  the  laws 
and  regulations  of  the  United  States  for  similar  companies  of  the 
United  States  army,  or  to.  the  said  laws  and  regulations  of  the  war 
department  for  the  national  guard.  No  person  shall  be  commissioned 
as  a  general  officer  in  the  national  guard  of  this  state  unless  he  shall 
have  attained  to  the  grade  of  field  officer  and  shall  have  had  four 
3'ears  previous  experience  either  as  a  commissioned  officer  in  command, 
or  in  service  with,  troops  of  the  line  of  this  state  or  of  another  state, 
or  territory,  or  District  of  Columbia,  or  of  the  United  States  army  or 
marine  corps,  or  in  any  or  all  of  said  services  combined.  [Amendment 
approved  May  10,  1917;  Stats.  1917,  p.  307.] 

§  1951.  Commissions.  All  officers  shall  be  commissioned  by  the  com- 
mander-in-chief, but  he  may  refuse  to  issue  a  commission  to  any  person 
if  the  person  be  in  any  way  unqualified  or  unworthy  to  be  an  officer 
in  the  national  guard;  but  no  one  shall  be  commissioned  unless  the  con- 
ditions set  forth  in  sections  one  thousand  nine  hundred  fifty-three  and 
one  thousand  nine  hundred  fifty-four  of  this  chapter,  have  been  com- 
plied with,  and  no  one  shall  be  recognized  as  an  officer  unles.s  he  shall 
have  been  duly  commissioned,  and  shall  have  taken  the  oath  of  office, 
and  filed  the  bond  in  the  manner  and  as  required  in  this  title.  [Amend- 
ment  approved  May   10,   1917;   Stats.   1917,  p.   308.] 

§  1953.  Qualifications  for  commissioned.  officers.  Commissioned 
officers  must  be  citizens  of  the  United  States,  of  the  age  of  twenty-oue 
years  and  upward.  No  person  who  has  been  in  the  military  or  naval 
service  of  the  United  States,  of  this  state,  or  of  any  other  state  in  the 
United  States,  and  who  has  not  been  honorably  discharged  therefrom, 
shall  be  commissioned  in  the  national  guard  of  California.  No  person 
shall  be  commissioned  unless  he  shall  possess  the  additional  requirements 
herein  prescribed  for  the  particular  office  to  which  he  is  to  be  com- 
missioned and  in  addition  thereto  must  successfully  pass  such  examina- 
tion aS  may  be  required  bj^  the  war  department.  All  medical  officers 
shall  be  regularly  graduated,  licensed,  and  practicing  physicians  or  sur- 
geons, licensed  to  practice  their  profession  in  California,  or  shall  have 
l)een  surgeons  in  the  United  States  army  or  navy.  All  judge  advocates 
of  the  national  guard  of  California  shall  be  members  of  the  bar  of  the 
supreme  court  of  the  state  of  California.  All  engineer  ofiicers,  except 
engineer  officers  of  the  naval  militia  of  California,  must  be  qualified  to 
design,  as  well  as  to  direct,  engineering  works.  All  chaplains  shall  be 
regularly  ordained  priests  or  ministers  of  the  gospel  of  some  denomina- 
tion.     [Amendment  approved  May  10,   1917;   Stats.   1917,  p.   308.] 

§  1954.  Physical  examination.  Before  receiving  a  commission,  or 
before  being  commissioned  to  a  higher  grade  as  a  result  of  promotion, 
every  officer  of  the  national  guard  must  have  passed  a  satisfactory 
physical  examination  before  a  medical  officer  of  the  national  guard,  and 
a  satisfactory  examination  before  a  board  of  commissioned  officers  as 
to  his  knowledge  of  military  affairs  and  general  knowledge  and  fitness 


§§  1955-1957  POLITICAL  code.  244 

for  the  service,  and  anyone  failing  to  pass  such  examination  shall  not 
be  eligible  for  an  office  in  the  national  guard  or  for  promotion  for  a 
period  of  one  year  after  date  of  such  failure;  provided,  that  officers  on 
the  staff  of  the  commander-in-chief  are  exempt  from  examination. 
[Amendment  approved  May  10,  1917;  Stats.  1917,  p.  308.] 

§  1955.  Boards  of  examination.  Boards  of  examination  under  the 
preceding  section  shall  consist  of  three  officers.  Such  boards  shall  have 
the  same  power  to  take  evidence,  administer  oath,  and  compel  wit- 
nesses to  attend  and  testify,  produce  books  and  papers,  and  punish  their 
failure  to  do  so,  as  is  possessed  by  a  general  court-martial.  [Amend- 
ment approved  May  10,  1917;   Stats.  1917,  p.  309.] 

§  1956.  Officers  now  serving.  All  officers  now  serving  in  the  active 
national  guard  of  this  state,  or  who  may  hereafter  be  commissioned 
therein,  shall  hold  their  positions  until  they  shall  have  reached  the  age 
of  sixty-four  years,  unless  retired  prior  to  that  time  by  reason  of  resig- 
nation, disability,  or  for  cause  to  be  determined  by  a  court-martial 
legally  convened  for  that  purpose;  provided,  that  all  officers  commis- 
sioned in  the  national  guard  of  this  state  shall  have  had  military  ex- 
perience prior  to  such  commission,  excepting  officers  of  the  judge  advo- 
cate-generaj's  department,  medical  department  and  officers  of  engineers, 
who  shall  not  be  required  to  have  had  such  prior  service.  [Amendment 
approved   May   10,   1917;   Stats.   1917,  p.   309.] 

§  1957.  Vacancies.  When  a  vacancy  occurs  among  the  general  officers 
of  the  line  of  the  national  guard,  the  governor  shall  propose  to  the  war 
department,  upon  the  recommendation  of  the  adjutant-general,  the  name 
of  an  officer  to  fill  the  vacancy.  The  officer  so  recommended  will  be 
required  to  take  such  examination  as  may  be  prescribed  by  the  war 
department.  When  notified  by  the  war  department  that  the  officer  has 
successfully  passed  such  examination,  the  governor  shall  commission, 
him.  The  officers  on  the  staff  of  a  brigade,  regiment,  unit  of  coast 
artillery  corresponding  to  a  regiment  of  infantry,  battalion  or  squad- 
ron, shall  be  recommended  to  the  adjutant-general  by  the  brigade,  regi- 
mental, battalion  or  squadron  commander,  or  commanding  officer  of  unit 
of  coast  artillery  corresponding  to  a  regiment  of  infantry,  who  may 
recommend  not  to  exceed  three  candidates  of  the  adjutant-general,  who 
will  cause  such  candidates  to  be  examined.  In  making  these  recom- 
mendations seniority  of  candidates  will  be  taken  into  consideration, 
in  tlie  case  of  officers  of  separate  organizations,  the  adjutant-general 
will  select  not  to  exceed  three  candidates,  whom  the  adjutant-general 
will  cause  to  be  examined.  The  candidate  receiving  the  highest  rating 
in  such  examination  will  be  recommended  by  the  adjutant-general  to 
the  governor  for  commission,  subject  to  such  examination  as  may  be 
prescribed  by  the  war  department.  All  officers  shall  be  commissioned  in 
tlic  arm  of  the  service  in  which  they  are  appointed  and  shall  be  as- 
signed to  duty  by  the  adjutaut-gcneral  upon  recommendation  of  the 
commanding  officer  of  the  regiment,  unit  of  coast  artillery  corresponding 
to  a  regiment  of  infantry,  separate  battalion  or  squadron.  [Amend- 
ment approved  May  10,  1917;  Stats.  1917,  p.  309.] 


245  POLITICAL  CODE.  §§  1958-2006 

§  1958.     Oflacers  of  the  line.     Officers  of  the  line  shall  be  appointed 

us  provided  for  the  appointment  of  staff  officers  in  section  one  thousand 
nine  hundred  fifty-seven  hereof,  and  in  accordance  with  the  terms  ofv, 
the  national  defense  act  of  June  3,  1916,  and  the  various  amendments 
thereto.  All  line  officers  shall  hold  their  positions  until  they  shall 
have  reached  the  age  of  sixty-four  years,  unless  retired  prior  to  that 
time  hy  reason  of  resignation,  disability  or  for  cause  to  be  determined 
by  a  court-martial  legally  convened  for  that  purpose.  [Amendment 
approved  May  10,  1917;   Stats.  1917,  p.  310.] 

§  1959.  Appeal  from  an  election.  [Eepealed  1917;  Stats.  1917, 
p.  302.] 

§  1960.  Oath  of  office.  Every  officer  duly  commissioned  shall  take  his 
oath  of  office  in  the  manner  and  within  the  time  prescribed  by  the 
national  defense  act  of  June  3,  1916,  the  various  amendments  thereto 
and  the  regulations  prescribed  by  the  war  department.  [Amendment 
approved  May  10,  1917;   Stats.  1917,  p.  310.] 

§  1980.  Who  may  be  enlisted.  Enlistment  contract.  Any  male  who 
is  a  citizen  of  the  United  States  or  who  has  legally  declared  his  in- 
tention of  becoming  a  citizen,  of  more  than  eighteen  and  less  than 
thirty-five  years  of  age,  able-bodied,  free  from  disease,  of  good  char- 
acter and  temperate  habits,  may  be  enlisted  in  the  national  guard  of 
this  state  under  the  provisions  of  the  national  defense  act  of  June  3, 
1916,  and  the  various  amendments  thereto,  for  six  years.  The  first 
three  years  of  which  shall  be  in  an  active  organization  and  the  remain- 
ing three  years  shall  be  in  the  national  guard  reserve;  and  such  enlisted 
man  shall  have  the  privilege  of  continuing  in  active  service  during  the 
whole  of  the  enlistment  period  or  of  re-enlisting.  The  qualifications  for 
enlistment  shall  be  the  same  as  those  prescribed  for  admission  to  the 
regular  army,  and  all  men  enlisting  in  the  national  guard  must  sign 
an  enlistment  contract,  and  take  and  subscribe  to  the  oath  set  forth  in 
section  seventy  of  the  national  defense  act  of  June  3,  1916.  [Amend- 
ment approved  May  10,  1917;  Stats.  1917,  p.  310.] 

§  1982.  Oath.  All  officers  of  the  national  guard  on  becoming  mem- 
bers, and  before  performing  duty,  must  take  and  subscribe  to  the  oath 
contained  in  section  seventy-three  of  the  national  defense  act  of  June 
3,  1916,  and  amendments  thereto.  [Amendment  approved  May  10, 
1917;   Stats.   1917,  p.  310.] 

§  2006.  Officers  and  members  absent.  Court-martial.  All  officers  or 
members  of  the  national  guard  who  absent  themselves  from  three  con- 
secutive assemblages,  without  an  excuse  acceptable  to  their  immediate 
respective  commanding  officers,  are  debarred  from  the  privileges  and 
exemptions  provided  for  members  of  the  national  guard;  and  all  non- 
commissioned officers  or  privates  upon  being  reported  as  having  been 
so  absent  shall  forthwith  be  court-martialed  by  order  of  the  regimental, 
or  unattached  battalion  or  squadron  commander  in  their  respective  com- 
mands,   and    in    all   other   organizations   not    attached    to    regiments,    bat- 


§§  2018-2020  POLITICAL  CODE.  24G 

talions,  or  squadrons^  but  attached  to  brigades,  by  order  of  the  ]>rigade 
commander,  and  in  all  unattached  organizations,  by  order  of  the  gov- 
eiuor,  and,  upon  conviction  by  court-martial,  the  delinquent  shall  be 
punished  in  such  manner  as  the  court-martial  convicting  him  may  pre- 
scribe. The  proceedings  of  such  court-martial  shall  be  subject  to 
approval  and  review  as  in  other  cases.  Neglect  or  refusal  to  pay  any 
fine  imposed  by  a  court-martial  within  thirty  days  after  such  fine  was 
imposed  is  hereby  declared  to  be  sufficient  cause  for  the  dishonorable 
discharge  of  such  delinquent  from  the  national  guard.  [Amendment  of 
May   10,  3917;   Stats.   1917,  p.  .^ll.J 

§2018.     Military  courts.     The   military   courts   of   the   state   shall   be: 

(1)  general  courts-martial;  (2)  special  courts-martial;  (3)  summary 
courts-martial;  (4)  courts  of  inquiry.  The  constitution  and  jurisdiction 
of  general  courts-martial,  special  courts-martial,  summary  courts-martial, 
and  courts  of  inquiry,  the  form  and  manner  in  which  the  proceedings 
are  conducted  and  recorded,  the  forms  of  oaths  and  affirmations  taken  in 
the  administration  of  military  law  by  such  courts,  the  limits  of  punish- 
ment and  the  proceedings  in  the  revision  thereof,  shall  be  governed 
by  the  terms  of  the  articles  of  war,  the  national  defense  act  of  June 
3,  1916,  and  the  amendments  thereto,  the  laws  and  regulations  govern- 
ing the  army  of  the  United  States,  and  the  law  and  procedure  of  similar 
courts  of  the  United  States  army,  except  as  otherwise  provided  in  this 
title.     [Amendment  approved  May   10,  1917;   Stats.  1917,  p.  311.] 

§  2019.  Who  may  appoint  courts-martial.  The  following  officers  may 
appoint  courts-martial:  (1)  The  President  of  the  United  States  or  the 
governor  of  the  state  of  California  may  appoint  general  courts-martial. 

(2)  The  commanding  officer  of  each  garrison,  fort,  post,  camp,  or  other 
place,  brigade,  regiment,  detached  battalion,  or  other  detached  com- 
mand, may  appoint  special  courts-martial  for  his  command,  but  such 
special  courts-martial  may  in  any  case  be  appointed  by  superior  authority 
when  by  the  latter  deemed  desirable.  (3)  The  commanding  officer  of 
each  garrison,  fort,  post,  or  other  place,  regiment  or  corps,  detached 
battalion,  comi)an3',  or  other  detachment  of  the  national  guard,  may 
appoint  for  such  place  or  command  a  summary  court  to  consist  of  one 
officer  who  shall  have  power  to  administer  oaths  and  to  try  the  enlisted 
men  of  such  place  or  command,  for  breaches  of  discipline,  and  violations 
of  law  governing  such  organizations.  [Amendment  approved  May  10, 
1917;   Stats.   1917,   p.   311. J 

§2020.  General  courts-martial.  1.  General  conrts-ni;irtial  shall  liave 
tlie  power  to  impose  fines  not  exceeding  two  luiudied  dollars;  to  sentence 
to  forfeiture  of  pay  and  allowances;  to  a  repiimand;  to  dismissal  or  dis- 
honorable disciiargo  from  the  service;  to  reduction  of  noncommissioned 
officers  to  the  ranks;  or  any  two  or  more  of  such  punishments  may  be 
combined  iji  the  sentences  imposed  by  such  courts.  [Anicndment  ap- 
proved May  10,  1917;  Stats.  1917,  p.  3"l2.] 

2.  Special  courts-martial.  Special  conrts-ni.irtia!  sliiill  have  the  power 
to  try  any  person  subject  to  military  law,  except  a  commissioned  officer, 
for  any  crime  or  offense  made  punishable  by  the  militai'V  laws  of  tlic 
United  States,  and  such   spci'ja!   courts-matt  ial  and|  shall  |   have   the  same 


247  POLITICAL  CODE.  §§2021-2023 

powers  of  punislimeiit  as  the  general  coartsniartia],  except  that  fines  im- 
posed by  such  special  eoiirts-niartial  shall  not  exceed  one  hundred  dollars. 
[Amendment    approved    May    10,    1917;    Stats.    1917;   p.    312.] 

3.  Summary  courts-martial.  Other  powers.  Summary  courts-martial 
shall  luive  the  power  to  impose  on  enlisted  men  tines  not  exceeding 
twenty-five  dollars  for  any  single  offense,  and  may  sentence  to  forfeiture 
of  pay  and  allowances.  The  proceedings  of  such  court  shall  be  informal, 
and  the  minutes  thereof  shall  be  the  same  as  prescribed  for  summary 
courts  of  the  United  States  army. 

All  courts-martial  including  summary  courts,  shall  also  have  such 
powers  as  are  conferred  on  them  by  the  articles  of  war,  and  shall  have 
cognizance  of  and  jurisdiction  over  .-ill  violations  of  said  articles;  they 
shall  also  have  power  to  sentence  to  confinement  in  lieu  of  fines  author- 
ized to  be  imposed  by  such  courts,  but  such  sentences  of  confinement 
shall  not  exceed  one  day  for  each  dollar  of  fine  authorized.  [Amendment 
approved  May   10,   1917;   Stats.  1917,   p.  312.] 

§  2021.  Review  of  proceedings.  Appeal  to  governor.  The  officer  ap- 
pointing a  courts-niaitial  must  reAiew  the  proceedings  and  approve  or 
disapproy^e  the  sentence  of  such  court-martial,  and  must  direct  the  execu- 
tion of  such  sentence,  or  mitigate  the  punishment,  or  may  remit  the 
sentence  of  the  person  convicted;  but  no  sentence  of  dismissal  from  the 
service  or  dishonorable  discharge  shall  be  executed  until  approved  by 
the  governor  of  this  state;  provided,  that  an  officer  or  enlisted  man  so 
sentenced  may  within  fifteen  days  after  official  publication  of  the  action 
of  the  reviewing  officer,  appeal  to  the  governor  of  this  state  to  review 
the  proceedings  and  to  disapprove  them  or  pardon  the  offense,  in  which 
case  the  officer  approving  the  sentence  will  forward  the  proceedings  in 
the  case  to  the  governor  of  this  state,  and  the  execution  of  the  sentence 
must  be  suspended  until  the  proceedings  are  returned  with  the  decision 
thereon.      [Amendment  approved  May  10,  1917;  Stats.  1917,  p.  312.] 

§  2022.  Copy  of  charges  delivered  to  person  under  arrest.  When  an 
officer  or  enlisted  man  is  put  in  arrest  for  the  purposes  of  trial,  a  copy 
of  the  charges  and  specifications  upon  which  he  is  to  be  tried  shall  be 
delivered  to  him  or  left  at  his  last  known  place  of  abode  or  business, 
within  such  time  as  is  prescribed  by  the  laws  and  regulations  governing 
procedure  in  the  United  States  army  in  similar  circumstances,  and  a 
court  shall  be  ordered  for  his  trial  within  the  time  similarly  prescribed 
by  the  rules  and  regulations  of  the  United  States  army.  If  a  copy  of 
the  charges  and  specifications  be  nof  served,  or  a  court  not  ordered 
within  the  time  herein  limited,  the  arrest  shall  cease,  but  such  charges 
and  specifications  may  be  served,  a  court  ordered,  and  the  officer  or  en' 
listed  man  be  brought  to  trial  after  such  release  from  arrest  within 
the  time  prescribed  by  the  rules  and  regulations  of  the  United  States 
army  in  similar  circumstances.  The  appearance  of  the  accused,  without 
objection  and  pleading  to  the  charges,  shall  be  deemed  a  waiver  of  any 
defect  or  irregularity  of  such  service  of  any  of  the  papers  mentioned  in 
this  section.     [Amendment  approved  May  10,  1917;  Stats.  1917,  p.  313.] 

§  2023.  Power  of  military  court  to  compel  attendance  of  witnesses, 
etc.     Each  military  court  shall  have  the  same  power  to  compel  by  sub- 


§§2024-2026  political  code.  248 

poena,  by  subpoena  duces  tecum,  and  by  attachment,  the  attendance 
of  witnesses,  both  civilian  and  military,  and  the  production  of  books, 
papers,  and  documents,  and  to  punish  for  contempt  a  witness  duly  sub- 
poenaed for  nonattendance,  or  refusal  to  be  sworn  or  testify,  or  to 
produce  books,  papers  and  documents,  as  is  possessed  by  any  superior 
court  of  this  state.  Military  courts  shall  also  have  power  to  take  by 
commission  the  testimony  of  witnesses  who  cannot  reasonably  be  pro- 
duced at  the  trial  to  the  same  extent  as  the  superior  court  aforesaid. 
Commissions  and  subpoenas  may  be  issued  by  the  president  or  the  judge 
advocate,  if  there  be  one,  of  the  court,  both  before  and  after  being 
sworn,  for  witnesses  whose  attendance  or  testimony  before  such  court 
may  be  necessary  in  behalf  of  the  prosecution,  and  upon  application  in 
behalf  of  any  person  to  be  tried  by  such  court,  cither  the  president  or 
the  judge  advocate  may  direct  the  commanding  officer  of  any  organiza- 
tion to  cause  such  subpoena  to  be  served  on  any  member  of  his  command. 
A  witness  not  appearing  in  obedience  to  a  subpoena  when  served  per- 
sonally with  a  copy  of  the  same,  and  not  having  sufficient  excuse,  shall 
forfeit  to  the  j^eople  of  the  state  the  sum  of  twenty-five  dollars.  The 
president  of  each  court  shall,  from  time  to  time,  report  to  the  judge 
advocate-general,  the  names  of  all  such  delinquent  witnesses,  together 
with  the  names  and  places  of  residence  of  the  persons  serving  such  sub- 
poena, and  a  judge  advocate  may  sue  for  and  recover  such  penalties  in 
the  name  of  the  people.  [Amendment  approved  May  10,  1917;  Stats. 
1917,   p.   313.] 

§  2024.     Power    of    military    courts    to    issue    process    and    mandates. 

Military  courts  are  empowered  to  issue  all  process  and  mandates,  in- 
cluding writs  and  warrants,  necessary  and  proper  to  carry  into  full 
effect  the  powers  vested  in  such  courts;  such  process  and  mandates  will 
be  directed  to  the  provost  marshal,  the  sheriff  of  any  county,  and  the 
constables  and  marshals  of  any  town  or  city.  It  shall  be  the  duty  of 
all  officers  to  whom  such  process  or  mandate  may  be  so  directed  to 
execute  the  same  and  make  return  of  their  acts  thereunder  according 
to  the  requirements  of  the  same.  The  keepers  and  wardens  of  all  city, 
county  and  city  and  county  jails  shall  receive  the  bodies  of  persons 
committed  by  the  process  or  mandate  of  a  military  court  and  confine 
them  in  the  manner  prescribed  by  law.  Except  as  otherwise  specially 
provided  in  this  chapter,  no  fees  or  cliarges  of  any  nature  shall  be 
demanded  or  required  to  be  paid  by  tlie  state,  or  any  military  court  or 
member  thereof,  or  by  the  person  executing  its  mandate  or  process,  or 
to  any  public  officer  for  receiving,  executing,  or  returning  any  such 
process  or  mandate,  or  for  any  service  in  connection  therewith,  or  for 
receiving  or  confining  the  person  in  jail  or  custody  thereunder.  [Amend- 
ment   aji]. roved   May    Id,    1917;    Stats.    1917,   p.   314.] 

§2026.  Collection  of  fines  and  penalties.  For  the  purpose  of  collect- 
ing fines  and  penalties,  imposed  by  a  court-martial,  the  president  of  any 
such  general  or  special  court-martial  ,  and  tlie  summary  court  officer  of 
a?iy  such  summary  court  must  make  a  list  of  all  such  fines  and  penalties, 
and  of  the  i)ersons  against  whom  they  have  been  imposed,  and  must 
thereafter  issue  a  warrant  under  his  hand,  directed  to  any  sheriff  or  con- 
stable   of    the    county    coinmaiiding    liim    to    levy    and    collect    such    fines, 


249  POLITICAL  CODE.  §§  2027-2079 

together  with  the  costs,  upon  and  out  of  the  j>roperty  of  the  person 
against  whom  the  fine  or  penalty  was  imposed;  and  such  warrant  shall 
be  executed  and  renewed  in  the  same  manner  as  executions  from  the 
justices'  courts  are  executed  and  renewed.  All  fines  collected  shall  be 
paid  by  the  officer  collecting  the  same  to  the  commanding  officer  of  the 
organization  of  which  the  person  fined  is  or  was  a  member,  and  accounted 
for  by  said  commanding  officer  in  the  same  manner  as  are  other  state 
funds.      fAmeiidmeiit  approved  May  10,  1917;  Stats.  1917,  p.  314. J 

§  2027.  Fines  and  penalties  for  nonattendance  at  parades.  [Repealed 
1917;    Stats.    1917,   p.   302.] 

§  2079.  Allowances  to  commanding  officers,  etc.  There  must  be  audited 
and  allowed  by  tlu>  adjutaiit-gcufral  and  paid  out  of  the  appropriation  for 
military  purposes,  upon  the  warrant  of  the  state  controller,  to  the  com- 
manding officer  of  each  infantry,  coast  artillery,  engineer,  field  hospital, 
ambulace  company,  and  the  headquarters  company  of  each  regiment  of 
infantry,  and  each  division  and  marine  company  of  the  naval  militia, 
except  the  engineer  division  of  the  naval  militia,  the  sum  of  one  hundred 
fifty  dollars  per  mouth;  to  the  commanding  officer  of  each  machine  gun 
company,  signal  company,  troop  of  cavalry,  battery  or  field  artillery, 
supply  company,  and  the  engineer  divisions  of  the  naval  militia,  the 
sum  of  two  hundred  dollars  per  month;  to  each  supply  company  of  sepa- 
rate battalions  and  squadrons  the  sum  of  seventy -five  dollars  per  month; 
the  sum  so  paid  to  be  used  for  armory  rent,  care  of  arms,  and  proper 
incidental  expenses  of  the  company,  troop,  battery,  field  hospital,  or 
division.  There  shall  be  audited,  allowed,  and  paid  out  of  the  same 
appropriation  to  the  commanding  officer  of  each  brigade  the  sum  of 
two  hundred  dollars  per  month;  to  the  commanding  officer  of  the 
naval  militia  the  sum  of  two  hundred  dollars  per  month;  to  the  com- 
manding officer  of  each  regiment  of  infantry,  and  to  the  commanding 
officer  of  each  unit  of  coast  artillery  corresponding  to  a  regiment  of 
infantry,  two  hundred  dollars  per  month;  to  the  commanding  officer  of 
each  separate  battalion  of  field  artillery,  naval  militia,  engineer  troops 
and  squadron  of  cavalry,  the  sum  of  fifty  dollars  per  month,  and  to  the 
commanding  officer  of  each  separate  fort  command,  coast  artillery,  the 
sum  of  twenty-five  dollars  per  month;  the  sums  so  paid  to  be  used  for 
rent  of  headquarters,  clerical  expenses,  stationery,  printing,  postage  and 
proper  incidental  expenses  of  the  commanding  officer  of  the  organization 
for  which  said  sums  are  audited,  allowed  and  paid.  There  shall  be 
audited,  allowed  and  paid  to  the  commanding  officer  of  the  naval  militia, 
the  adjutant  of  each  regiment  of  infantry  and  coast  artillery,  which 
shall  have  attached  to  it  a  uniformed  and  organized  band  of  not  less 
than  twenty-five  men,  the  sum  of  seventy-five  dollars  per  month  for  such 
band;  to  the  chief  surgeon  the  sum  of  fifty  dollars  per  month  for  rent 
and  proper  incidental  expenses;-  and  to  the  adjutant-general  sum  of 
fifteen  thousand  dollars  per  annum,  to  be  expended  by  him  in  promoting 
target  practice.  There  must  be  audited  and  allowed  by  the  adjutant- 
general,  and  paid  out  of  the  appropriation  for  military  purposes,  to  the 
medical  officer  in  charge  of  each  detachment  of  the  medical  department 
on  duty  with  each  regiment  of  infantry,  coast  artillery,  the  naval 
militia,  separate  battalions  and  squadrons,  the  sum  of  fifty  dollars  per 


§§  2086-2111  POLITICAL    CODE.  250 

month  for  rent  and  proper  incidental  expenses  of  such  detachments,  and 
to  the  medical  officer  in  charge  of  detachment  of  the  medical  corps 
attached  to  each  separate  fort  command,  coast  artillery  the  sum  of  ten 
dollars  per  month  for  proper  incidental  exiienses.  No  claim  shall  be 
allowed  under  the  provisions  of  this  section  except  upon  demand  made 
quarterly  in  duplicate,  signed  and  sworn  to  by  the  officer  claiming  the 
same,  before  any  officer  of  the  national  guard,  or  notary  public,  and 
forwarded  through  the  headquarters  of  the  regiment,  coast  artillery 
corps,  separate  battalion,  or  separate  squadron,  or  naval  militia,  with 
the  approval  of  each  commanding  officer,  through  whose  headquarters 
they  are  required  to  pass,  direct  to  the  adjutant-general;  provided,  that 
the  adjutant-general  may  make  expenditures  at  any  time  for  the  pro- 
motion of  target  practice,  out  of  the  appropriation  for  that  purpose 
herein  provided  for.  [Amendment  approved  May  10,  1917;  Stats.  1917, 
p.  311.] 

§2086.  Salaries;  adjutant-general's  department.  There  shall  be  al- 
lowed and  paid  out  of  the  general  fund  in  the  state  treasury  to  officers, 
clerks  and  other  employees  in  the  adjutant-general's  department,  the 
following  salaries  payable  monthly:  To  the  brigadier-general  of  the 
adjutant-general's  department  (the  adjutant-general),  a  sum  not  to  ex- 
ceed five  thousand  dollars  per  annum  to  be  fixed  by  the  governor;  to  the 
lieutenant-colonel  of  the  adjutant-general's  department,  three  thousand 
dollars  per  annum;  to  the  chief  clerk,  one  thousand  nine  hundred  dol- 
lars per  annum;  three  clerks,  one  thousand  seven  hundred  dollars  per 
annum  each;  one  stenographer  and  clerk,  one  thousand  five  hundred  dol- 
lars per  annum;  one  military  storekeeper,  one  thousand  two  hundred 
dollars  per  annum;  one  assistant  military  storekeeper  and  porter,  nine 
hundred  dollars  per  aninim.  [Amendment  approved  May  10,  1917;  Stats. 
1917,  p.  316.] 

§  2107,  Armories  and  arsenals.  The  adjutant-general  shall  have  con- 
trol of  all  armories  and  arsenals  built  by  the  state,  or  that  may  come 
into  possession  of  the  state,  or  any  building  or  buildings  that  may  be 
erected,  purchased,  leased  or  provided  by  any  town,  city,  county,  or  city 
and  county,  for  armory  or  arsenal  purposes  pursuant  to  any  legislative 
act.  It  shall  be  the  duty  of  the  adjutant-general,  under  direction  of 
the  governor,  to  make  and  enforce  regulations  for  the  government  and 
control  of  such  armories,  arsenals  and  buildings,  and  where  appropria- 
tions have  been  made  therefor,  to  advertise  for  and  receive  bids  for 
the  construction  of  armories,  or  arsenals,  to  enter  into  contract  for  the 
construction  and  completion  thereof,  to  contract  for  and  purchase  the 
furnishings  therefor,  and  to  purchase  and  lease  real  estate  for  the  pur- 
pose of  erecting  armories  or  arseii;ils  thereon;  provided,  that  it  shall  be 
the  duty  of  tiie  state  engineer  to  fiiniisli  the  plans,  estimates  and 
s|)ecifica1ions  fur  ;ill  nririories  rind  arsenals,  and  to  sujierintend  the  erec- 
tion and  conslruclicM  of  sm-li  l)nil(liiigs.  [.Xincndnicnl  njiproved  May 
1(1,    1917;    Stats.    1917,   ji.  :;ili.| 

§2111.  Naval  militia.  Tlic  Di-^iimi/.cd  n;i\al  niililin  of  California 
shall  consist  of  sudi  mi'mbcis  oi'  deck  .•iml  cnoinecr  divisions  and  com- 
p;iiii."j    of    ninriiics    ii-    (lie    com  ni;i  nd(>r  i  nchict    may,    from    time    to    time. 


251  POLITICAL    CODE.  §  2112 

|jiescribe,  in  conformity  with  the  requirements  of  the  navy  depart- 
ment. The  naval  militia  shall  be  located  throughout  the  coast  of  the 
state  of  California  at  the  discretion  of  the  commander-in-chief.  The 
words  "division"  and  "company"  as  used  in  this  chapter  in  connection 
with  the  naval  militia  shall  have  the  same  meaning  and  effect  as  "com- 
pany" when  used  in  connection  with  infantry  as  used  in  this  chapter, 
and  the  word  "battalion"  as  used  in  this  chapter  in  connection  with  the 
naval  militia  shall  have  the  same  meaning  and  effect  as  "battalion" 
when  used  in  connection  with  infantry  as  used  in  this  chapter.  The 
several  divisions  and  companies  of  marines  of  the  naval  militia  shall 
be  organized  into  battalions  at  the  discretion  of  the  cominandcr-in-chief. 
[Amendment   approved  May   10,  1917;   Stats.   1917,  p.  310. J 

§  2112.  Application  of  laws,  rules  and  regulations  of  United  States 
navy.  Examination  for  commanding  officer.  Vacancies.  Chief  war- 
rant officers.  Warrant  officers.  Chief  petty  officers  and  petty  officers. 
Powers  of  commander-in-chief.  Command  of  vessels  loaned  by  United 
States.  When  insufficient  men  available.  The  numerical  strength,  rank, 
titles  and  insignia  of  rank  of  the  divisions  and  companies  of  marines 
of  the  naval  militia  shall  conform  to  the  laws,  rules  and  regulations  of 
the  United  States  navy,  and  sucli  rules  and  regulations  as  may  be  pre- 
scribed by  the  secretary  of  the  navy  for  the  naval  militia.  The  naval 
militia  shall  be  organized  into  one  or  more  naval  brigades,  which  shall 
consist  of  such  administrative  battalions  as  may  be  prescribed  by  the 
navy  department  for  like  number  of  divisions  in  the  United  States  navy. 

The  officers,  chief  warrant  officers,  warrant  officers  and  enlisted  men 
of  the  naval  militia  of  California  shall  be  of  such  number  and  grades 
as  may  be  prescribed  by  the  commander-in-chief  and  the  same  shall  be 
of  the  same  number  and  grades  as  are  authorized  or  prescribed  by  the 
laws  and  regulations  of  the  United  States  for  similar  organizations  of 
the  United  Stafes  navy,  or  as  authorized  or  prescribed  by  said  laws  and 
regulations  of  the  navy  department  for  the  naval  militia. 

All  officers  now  serving  in  the  active  naval  militia  of  this  state,  or 
who  may  hereafter  be  commissioned  therein,  shall  hold  their  positions 
until  they  shall  have  reached  the  age  of  sixty-four  j^ears,  unless  retired 
prior  to  that  time  by  reason  of  resignation,  disability,  or  for  cause  to 
be  determined  by  a  court-martial  legally  convened  for  that  purpose. 

In  order  to  select  a  commanding  officer  for  the  naval  militia  the 
adjutant-general  shall  nominate  not  to  exceed  three  officers,  not  below 
the  grade  of  lieutenant-commander,  and  will  cause  such  candidates  to  be 
examined.  The  candidate  receiving  the  highest  rating  in  such  examina- 
tion will  be  recommended  by  the  adjutant-general  to  the  governor  for 
commission. 

When  vacancies  occur  in  the  commissioned  personnel,  the  command- 
ijig  officer  of  the  naval  militia  will  recommend  not  to  exceed  three  can- 
didates to  the  adjulant-general,  who  will  cause  such  candidates  to  be 
examined.  The  candidate  receiving  the  highest  rating  in  such  exami- 
nation will  be  recommended  by  tlie  adjutant-general  to  the  governor 
for  commission. 

Chief  warrant  officers  may  be  appointed  by  the  eommander-in-cluef 
upon    the    recommendation     of    the    commanding    officer    of    the    naval 


§  2112  '      POLITICAL  CODE.  252 

militia,  and  shall  receive  from  the  commander-in-chief  a  commission  in 
the  same  form  as  commissioned  officers  of  the  naval  militia.  Warrant 
officers  may  be  appointed  by  the  adjutant-general  upon  the  recommenda- 
tion of  the  commanding  officer  of  the  naval  militia  and  warrants  for 
warrant  officers  may  be  issued  by  the  adjutant-general  upon  the  recom- 
mendation of  the  commanding  officer  of  the  naval  militia.  Chief  petty 
officers  and  petty  officers  shall  be  appointed  by  the  commanding  officer 
of  the  naval  militia,  who  shall  issue  to  such  chief  petty  officers  and 
petty  officers  a  warrant  in  proper  form. 

The  organization  of  the  naval  militia  shall  conform  generally  to  the 
provisions  of  the  laws  of  the  United  States.  The  system  of  discipline 
and  exercise  shall  conform  to  that  of  the  navy  of  the  United  States 
as  it  is  now  and  as  it  may  hereafter  be  prescribed  by  congress  and  that 
prescribed  by  the  provisions  of  the  Political  Code,  relating  to  the 
national  guard  of  California,  and  that  prescribed  by  the  secretary  of 
the  navy  for  the  guidance  of  the  naval  militia;  the  commander-in-chief 
shall  have  power  to  alter,  divide,  annex,  consolidate  and  disband  the 
naval  militia  or  any  portion  thereof  whenever  in  his  judgment  the 
efficiency  of  the  state  forces  will  thereby  be  increased,  and  he  shall  have 
power  to  make  such  rules  and  regulations  as  may  be  deemed  proper 
for  the  use,  government  and  instruction  of  the  naval  militia;  but  such 
rules  and  regulations  shall  conform  to  those  governing  the  United  States 
navy  and  those  prescribed  for  the  secretary  of  the  navy  for  the  con- 
duct of  the  naval  militia.  The  commander-in-chief  is  authorized  to 
apply  to  the  President  of  the  United  States  for  the  detail  of  commis- 
sioned officers  and  petty  officers  of  the  navy  to  act  as  inspectors  and 
instructors  in  the  art  of  naval  warfare.  Summary  courts-martial  for 
the  naval  militia  when  necessary  shall  be  ordered  by  the  commanding 
officer  of  the  naval  militia  and  general  courts-martial  for  the  naval 
militia  when  necessary  shall  be  ordered  by  the  commander-in-chief  and 
shall  be  organized  and  conducted  within  the  laws,  regulations  and  usages 
of  the  United  States  navy,  and  the  provisions  of  the  section  relating 
to  the  military  courts  in  this  chapter.  The  proceedings  shall  be  re- 
viewed and  sentence  executed  as  provided  in  this  chapter.  Vessels 
loaned  by  the  United  States  government  to  the  state  of  California  for 
the  use  of  the  naval  militia  shall  be  commanded  by  the  ranking  officer 
for  line  duty  resident  at  the  port  to  which  said  vessel  is  assigned,  and 
in  the  absence  of  such  ranking  officer  foi-  line  duty,  by  the  next  rank- 
ing officer  for  line  duty. 

In  a  locality  where  there  are  insufficient  men  available  to  form  an 
engineer  division  and  there  already  exists  an  organized  deck  division, 
men  of  the  artificer  branch  may  be  additionally  enrolled  in  such  deck 
division  with  such  ratings  as  they  may  be  qualified  to  fill,  until  such 
time  as  there  is  a  sufficient  number  of  them  to  form  a  separate  engineer 
division,  and  any  men  in  such  artificer  branch  may  be  rated  in  the 
various  potty  officers'  ratings  in  the  artificer  branch  of  the  naval  service 
which  they  arc  qualified  to  fill.  Iii  a  locality  where  there  arc  insuffi- 
cient men  available  to  form  a  marine  company  and  there  is  already 
existing  in  tliat  locality  a  deck  division  of  the  naval  militia,  a  marine 
section    may    be    o)gani/.(.'(i    witli    nuc    ndiccr    and    not    less    than    twenty 


253  POLITICAL  CODE.  §§  2141-2187 

enlisted    marines.      [Aiueiulnient    approved    May    10,    1917;    Stats.    1917, 
p.  317.] 

Note. — Act  of  May  10,  1917  (Stats.  1917,  p.  302),  amending  provisions 
relating  to  the  national  guard,  also  contained  the  following  provisions: 

Sec.  42.  Repealed.  All  laws  or  parts  of  laws  in  so  far  as  they  are 
not  consistent  with  these  amendments  are  hereby  repealed. 

Sec.  43.  Urgency  measure.  Inasmuch  as  the  provisions  of  the  exist- 
ing law  relating  to  the  national  yuard  are  in  conflict  with  the  provisions 
of  the  national  defense  act,  and  the  provisions  herein  contained  are 
necessary  to  enable  the  national  guard  of  this  state  to  comply  with  the 
requirements  of  said  national  defense  act,  and  in  view  of  the  unsettled 
condition  of  the  relations  of ^he  United  States  with  foreign  powers,  this 
act  is  declared  to  be  necessary  for  the  immediate  preservation  of  the 
public  peace  and  safety  and  to  be  an  urgency  measure  within  the  mean- 
ing of  section  one  of  article  IV  of  the  constitution. 

§2141.     Powers .  of  lunacy   commission.     The   commission   has    power: 

1.  To  appoint  a  secretary  whose  term  of  office  shall  be  four  years 
from  and  after  the  date  of  his  appointment  and  to  fix  his  salary,  which 
shall  not  be  changed  during  his  term  of  office,  and  which  shall  be  paid 
at  the  same  time  and  in  the  same  manner  as  are  the  salaries  of  other 
state  officers,  and  to  appoint  such  other  employees  as  it  may  deem 
necessary  and  fix  their  compensations; 

2.  To  appoint,  by  its  order,  a  competent  person  to  examine  the  books, 
papers,  and  accounts,  and  also  into  the  general  condition  and  manage- 
ment of  any  institution  in  this  chapter  mentioned,  to  the  extent  deemed 
necessary  and  specified  in  such  order; 

3.  To  fix  the  annual  salaries  of  the  resident  officers  and  treasurers  of 
the  state  hospitals,  which  must  be  uniform  in  all  the  state  hospitals  for 
the  insane  and  as  near  uniform  as  possible  in  all  state  hospitals,  and 
to  classify  the  other  officers  and  emj)loyees  in  grades,  and  determine 
the  salaries  and  wages  to  be  paid  in.  each  grade,  which  must  be  uniform 
in  all  hospitals  for  the  insane,  and  as  near  uniform  as  possible  in  all 
state  hospitals; 

4.  To  determine  the  kind  and  character  of  all  employees  who  shall  be 
employed  at  any  state  hospital  according  to  the  needs  and  objects  of  the 
hospital; 

5.  To  permit  any  religious  or  missionary  corporation  or  society  to 
erect  a  building  on  the  grounds  of  any  state  hospital  for  the  holding  of 
religious  services,  said  building  when  erected  to  become  the  property 
of  the  state  and  to  be  used  exclusively  for  the  benefit  of  the  inmates  and 
employees  of  such  state  hospital  and  subject  to  such  regulations  and 
conditions  as  may  be  determined  or  imposed  by  said  commission; 

6.  To  establish  and  supervise  a  training  school  for  attendants  and 
nurses  in  any  state  hospital,  under  rules  and  regulations  of  the  com- 
mission.    [Amendment  approved  May  5,   1917;   Stats.   1917,  p.  274.] 

§  2187.  Transfer  of  patients  from  one  hospital  to  another,  (a)  When 
the  building  of  any  state  hospital  becomes  overcrowded  with  patients 
or  inmates,  or  the  number  of  buildings  is  reduced  by  fire,  or  other 
casualties,  or  for  other  sufficient  cause,  the  commission  may,  in  its  dis- 
cretion, cause  the  transfer  of  patients  or  inmates  therefrom  or  direct 
that  patients  or  inmates  required  to  be  sent  thereto,  be  transferred  to 


§  2283  POLITICAL   CODE.  254 

another  state  hospital,  where  they  can  be  eonvenientl}'  received,  or 
make,  in  emergencies,  temporary  provision  for  their  care,  preference  to 
be  given  in  such  transfer  to  a  hospital  in  an  adjoining  rather  than  a 
remote  district.  The  expense  of  such  transfer  is  chargeable  to  the 
state,  and  the  bills  for  the  same,  when  approved  by  the  commission, 
nmst  be  paid  by  the  treasurer  of  state  on  the  warrant  of  the  controller, 
out  of  any  monej's  provided  for  the  care  or  support  of  the  insane. 

(b)  Transfer  on  request  of  relatives  or  friends.  Patients  may  be 
transferred  at  the  request  of  relatives  or  friends;  provided,  there  is 
room  in  the  hospital  to  which  transfer  is  sought,  but  in  case  of  trans- 
fers made  as  last  provided  the  expense  o'f  such  transfers  shall  be  paid 
by  such  relatives  or  friends;  provided,  further,  that  transfers  as  last 
provided,  shall  not  be  made  unless  the  consent  of  the  commission  and 
the  medical  superintendents  of  the  hospitals  from  which  and  to  which 
said  transfer  is  to  be  made  be  obtained.  [Amendment  approved  May 
5,  1917;  Stats.  1917,  p.  275.] 

(c)  Transfer   from   home    for    feeble-minded   to    state   hospital.     The 

commission,  when  it  deems  it  necessary,  may  transfer  any  inmate  of 
the  home  for  feeble-minded  for  care  and  treatment  to  a  state  hospital 
for  the  insane  for  care  and  treatment  therein  and  the  counties,  guardian, 
relatives  or  friends  of  such  inmate  shall  be  liable  for  his  care,  sup- 
port and  maintenance  in  said  hospital  for  the  insane  in  the  same  manner 
and  to  the  same  extent  as  if  the  said  patient  were  still  an  inmate  of 
said  home.  The  commission,  when  it  deems  it  necessary,  may  transfer 
any  patient  in  any  state  hospital  for  the  insane  to  the  said  home  for 
care  and  treatment  therein.  The  estate,  relatives  or  friends  of  such 
patient,  or  the  county  from  which  such  patient  was  originally  com- 
mitted, shall  be  liable  for  the  care,  support,  and  maintenance  of  such 
patient  at  the  said  home  in  the  same  manner  and  to  the  same  extent 
as  if  the  said  patient  had  been  originally  committed  to  the  said  home 
at  the  date  of  such  transfer.  [Amendment  approved  May  5,  1917; 
Stats.  1917,  p.  275.] 

§2283.  Appropriation:  orphan  aid.  Orphan,  one  hundred  dollars; 
half  orphan,  seventy-five  dollars.  Theie  is  hereby  appropriated  out  of 
any  money  in  the  state  treasury  not  otherwise  ajjpropriated,  to  each  and 
every  institution  in  this  state  conducted  for  the  support  and  main- 
tenance of  needy  minor  orphans,  half  or[)li:in.s,  or  abandoned  children, 
and  to  each  and  every  county,  cit,y  and  county,  city,  or  town  maintain- 
ing such  orphans,  half  orphans,  or  abandoned  children,  or  any  or  all 
of  such  classes  of  persons,  aid  as  follows:  For  each  whole  orphan  and 
abandoned  child  supported  and  maintained  in  any  institution,  not  in 
excess  of  one  hundred  dollars  per  annum;  and  for  each  half  orphan, 
not  in  excess  of  seventy-five  dollars  jici'  annum;  but  cnih  abandoned 
child  must  have  been  an  inmate  thereof  for  one  vcnr  prioi'  to  receiving 
any  support  as  provided  in  this  clraptei-;  ]iro\i(|ed,  tlint  in  mldition  to 
the  amount  jiaid  by  the  state  for  ciicli  hall  orjihan  maintained  at  home 
by  its  mother,  the  county,  city  ami  i-onnty,  city  or  town  may  {lay  for 
the  Hupjiort  of  such  half  orphan  an  amount  eipial  to  the  sum  paid  by 
the  state;  ami  pfOMileil,  further,  that  in  any  case  where  any  such  half 
oridian    is   denied    aid    by    the    county,    upon    a    petition    setting   forth    the 


255  POLITICAL  CODE.     '   §§  2285, 2286 

facts  in  full  as  to  the  necessity  of  aid,  vciified  by  five  reputable  citizens 
.of  the  county,  city  and  county,  city,  or  town,  the  mother  of  such  child 
shall  have  the  right  of  appeal  direct  to  the  state  board  of  control  for 
aid  of  her  child,  and  should  her  appeal  be  sustained  by  said  board  pay- 
ment must  be  made  for  the  child  as  above  provided.  [Amendment  ap- 
proved May  15,   19 17;   Stals.  1917,  p.  oiiO.l 

§2285.  Books  to  be  kept.  p]very  iuslilution,  county,  city  and 
county,  city,  or  town  entitled  to  aid  under  this  chapter  must  keep  the 
following  records,  which  at  all  times  must  be  open  to  the  state  board 
of  control  or  to  any  person  appointed  by  Ihem  to  examine  the  same,  or 
to  any  committee  of  the  legislature,  or  to  anj'  clerk  or  officer  thereof 
duly   authorized  to   make   such   examination: 

1.  Date  of  admission,  etc.  A  record  on  which  must  be  entered  the 
date  of  admission,  name,  age,  sex,  and  place  of  birth  of  each  and  every 
orphan,  half  orphan,  and  abandoned  child,  who  is  or  may  hereafter  be 
received  or  admitted  into  suck  institution,  or  to  county  aid,  and  the 
date  of  discharge  of  any  such  child,  when  such  discharge  is  made,  the 
parentage,  if  known;  the  estate,  if  any,  to  which  the  child  is  heir,  and 
the  insurance,  if  any,  on  the  father's  or  mother's  life;  so  far  as  can 
be  ascertained,  the  place  where  either  parent  or  both  died,  the  nativity 
of  the  parents,  where  married,  the  marriage  certificate,  where  recorded, 
when  they  came  to  California,  place  of  residence  in  California,  and 
habits  of   sobriety. 

2.  Monthly  accounts.  A  book  entitled  "monthly  accounts."  In  it 
must  be  entered  on  the  debtor  side,  all  the  moneys  received  from  any 
and  all  sources  segregated  under  the  proper  heads;  on  the  credit  side 
must  be  entered  all  disbursements  made,  specifying  for  what  i^urposes 
made,  and  the  amount  entered  in  detail  si  disbursed,  segregated  under 
their  proper  heads. 

3.  Pay-roll.  A  pay-roll  of  the  emploj'ees,  and  the  amounts  disbursed 
to  each. 

4.  Amounts  paid  for  support.  A  book  in  which  must  be  entered  in 
detail  the  amounts  paid  for  the  specific  support  of  every  orphan,  half 
orphan,  or  abandoned  child  and  the  date  of  such  payments. 

5.  Transcript  of  books  and  pay-roll.  A  tran-script  of  the  books  and 
pay-roll,  verified  under  oath  liy  the  manager  or  person  in  charge  of  suck 
institution  entitled  to  or  claiming  state  aid  under  this  chapter,  must, 
when  demanded  by  the  state  board  of  control,  be  made  and  forwarded 
to  the  said  board  at  the  time  of  presenting  claim  for  state  aid. 

fi.  List  of  inmates.  A  list  of  all  the  inmates  other  than  employees  or 
orphans  supported  wholly  or  in  part  by  any  institution  presenting  a 
claim  for  state  aid  under  this  chapter,  must  also  be  forwarded  w^ith 
such  claim  for  aid.  [Amendment  approved  May  15,  1917;  Stats.  1917, 
p.  561. j 

§  2286.  Board  of  control  may  inquire  into  institutions.  Children's 
agents.  Salaries.  The  state  board  of  control  is  authorized  in  behalf 
of  the  state,  at  any  time  to  inquire,  either  in  person  or  by  authorized 
agent,   into   the   management    of   any   such   institution;    and   any   institu- 


§  2289  POLITICAL   CODE.  256 

tion  refusing,  upon  due  demand,  to  permit  such  inquiry  or  to  comply 
with  regulations  established  by  said  board  for  the  proper  maintenance 
and  care  of  children  receiving  state  aid  must  not  thereafter  receive 
any  aid  under  this  chapter  until  it  has  complied  with  all  requirements. 
To  carry  out  the  provisions  of  this  act,  the  state  board  of  control  may 
appoint  a  chief  children's  agent  and  three  children's  agents  who  shall, 
under  the  rules  of  said  board,  visit  the  homes  and  the  institutions  in 
which  are  children  to  whom  state  aid  is  being  given  or  for  whom  aid  is 
being  asked,  to  obtain  such  information  as  the  board  may  need  in 
carrying  out  the  provisions  of  this  chapter.  Such  chief  agent  shall 
receive  necessary  traveling  expenses  and  a  salary  of  two  hundred 
twenty-five  dollars  per  month.  Such  three  other  agents  shall  receive 
their  necessary  traveling  expenses  and  a  salary  of  one  hundred  seventy- 
five  dollars  per  month,  which  salary  shall  be  paid  in  the  same  manner 
and  at  the  same  time  as  the  salaries  of  other  state  officers.  All  ex- 
penses incurred  in  visiting  said  asylums  and  homes,  when  there  are  not 
other  available  funds,  may  be  audited  and  allowed  by  the  state  board 
of  control  out  of  the  appropriation  for  support  of  orphans,  half  orphans 
and  abandoned  children.  In  addition  an  advisory  committee  of  three 
persons  serving  without  pay  or  expense  to  the  state  may  be  appointed 
by  the  board  of  control,  to  act  in  any  county  in  conjunction  with  the 
children's  agents.  [Amendment  approved  May  15,  1917;  Stats.  1917, 
p.  562.] 

§  2289.  Prerequisites.  In  order  that  the  provisions  of  this  chapter 
shall  not  be  abused,  it  is  hereby  declared: 

1.  Institution  must  have  twenty  inmates.  That  no  institution  which 
has  less  than  twenty  inmates  of  either  or  all  of  the  classes  mentioned 
in  section  two  thousand  two  hundred  eighty-three,  must  be  deemed  an 
institution  for  the  support  and  maintenance  of  minor  orphans,  half 
orphans,  or  abandoned  children,  within  the  intent  and  meaning  of  this 
chapter. 

2.  Age  of  nunor.  That  no  child  over  the  age  of  fifteen  years  shall  be 
deemed  a  minor  orphan,  half  orphan,  or  abandoned  child,  within  the 
intent  and  meaning  of  this  chapter. 

3.  Receiving  ten  dollars  for  child.  That  no  cliild  for  whose  specific 
support  there  is  paid  to  any  such  institution  the  sum  of  ten  dollars  or 
more  per  month  shall  be  deemed  a  minor  orphan,  half  orphan,  or  aban- 
doned  cliild  within  the  intent  and  meaning  of  this  chapter. 

4.  Home  for  child.  That  no  child  maintained  in  an  institution  for 
whom  a  bona  fide  offer  of  a  proper  home  has  been  made  shall  be  con- 
sidered eligible  for  further  state  aid;  it  is  further  provided,  however, 
that  no  institution  shall  be  required  to  surrender  a  child  to  any  person 
of  religious  faith  different  from  that  of  the  child  or  the  parents  of  the 
.•hild. 

Residence  in  state.  Tliat  a  cliild  who  has  not  resided  in  this  state 
for  a  period  of  at  least  two  years  prior  to  the  application  for  aid  shall 
not  bo  ejigibh-  to  receive  state  aid  unless  such  child  is  born  in  this 
state.     [Aniendmcnt  apiiroved   May   15,   1917;   Stats,   1917.  p.  5()2.] 


257  POLITICAL  CODE.  §§  2302-2319 

§2302.  Salary  state  librarian.  Tlie  annual  salary  of  the  state 
librarian  is  five  tliousaml  dolhiis.  |  Aiiieuilnu'iit  a))prove(l  June  1,  1917; 
Stats.  1917,  p.  1G63. I 

§  2319.  State  commissioner  of  horticulture.  Deputies,  etc.  Travel- 
ing expenses.  Deputy  commissioner.  Salaries.  Offices  for  commis- 
sioner. San  Francisco  office.  Quarantine  officers.  State  inssctary. 
Superintendent.  Assistant.  Field  deputy.  The  state  commissioner  of 
horticulture  of  California  shall  be  a  citizen  and  resident  of  this  state, 
and  his  term  shall  be  for  four  years,  and  until  his  successor  is  appointed 
and  qualified.  The  governor  may  remove  such  commissioner  from  office 
at  any  time  u])on  filing  with  the  secretary  of  st^te  a  certificate  of  re- 
moval signed  by  the  governor.  In  the  case  of  vacancy  in  said  office 
by  death,  resignation,  removal  from  office,  or  other  cause  the  governor 
shall  fill  the  vacancy  for  the  unexpired  term.  In  appointing  such  com- 
missioner and  his  successor  or  successors,  it  shall  be  the  duty  of  the 
governor  to  disregard  political  affiliations,  and  to  be  guided  in  his 
selection  entirely  by  the  professional  and  moral  qualifications  of  the 
person  so  selected  for  the  performance  of  the  duties  of  said  office. 
Said  commissioner  shall  be  a  civil  executive  officer.  The  salary  of  said 
commissioner  shall  be  four  thousand  dollars  per  annum,  and  he  shall  be 
allowed  his  traveling  and  incidental  expenses  necessary  in  the  discharge 
of  his  duties.  For  the  direction  and  accomplishment  of  his  work  the 
said  commissioner  may  and  is  hereby  empowered  to  appoint  certain 
deputies,  secretarj^,  quarantine  officers,  superintendents,"  assistants,  and 
clerk  as  hereinafter  provided,  who  shall  hold  office  at  the  pleasure  of 
said  commissioner  and  perform  any  and  all  duties  pertaining  to  their 
office  or  emploj'nient  which  the  said  commissioner  may  require  of  each 
of  them,  and  may  be  removed  from  office  or  position  at  any  time  by 
said  commissioner  filing  with  the  secretary  of  state  a  certificate  signed 
by  said  commissioner  so  removing  such  deputy,  secretary,  quarantine 
officer,  superintendent,  assistant,  or  clerk.  The  traveling  and  other 
necessary  expenses  incurred  by  the  officers  and  employees  herein  pro- 
vided for  in  the  performance  of  their  duties  shall  be  paid  from  the  funds 
appropriated  for  the  support  of  the  office  of  the  state  commissioner  of 
horticulture.  Said  commissioner  may  arrange  his  office  into  three  divi- 
sions, to  wit:  executive  office,  quarantine  division,  insectary  and  patho- 
logical division. 

Said  commissioner  shall  appoint  a  deputy  commissioner  who  shall  be 
an  expert  entomologist  and  horticulturist,  and  who  shall  perform  such 
duties  as  may  be  required  of  him  by  said  commissioner,  and  shall  be 
acting  commissioner  in  the  absence  of  the  commissioner.  Such  deputy 
commissioner  shall  receive  a  salary  of  two  thousand  seven  hundred 
ilollars  per  annum.  Said  commissioner  shall  appoint  tw^o  field  deputies, 
each  of  whom  shall  be  versed  in  horticulture  and  have  a  practical 
knowledge  of  the  methods  of  control  of  insect  pests  and  plant  diseases. 
Said  field  deputies  shall  receive  a  salary  of  two  thousand  dollars  per 
annum  each.  Said  commissioner  shall  appoint  a  secretary  who  shall  be 
a  civil  executive  officer.  Said  secretary  shall  perform  all  such  duties  as 
may  be  required  of  him  by  said  commissioner.  Such  secretary  shall 
receive  a  salary  of  two  thousand  seven  hundred  dollars  per  annum. 
17 


§  2819a  POLITICAL  CODE.  258 

Said  commissioner  shall  appoint  a  clerk  whose  salary  shall  be  one 
thousand  six  hundred  dollars  per  annum.  The  main  office  of  such  com- 
missioner  shall  be   at  the  city  of  Sacramento. 

The  secretary  of  state  shall  furnish  and  set  aside  at  the  capitol  rooms 
suitable  for  offices  for  said  commissioner,  and  if  the  secretary  of  state 
shall  make  and  file  an  affidavit  with  the  said  commissioner  stating  that 
it  is  not  possible  for  him,  as  such  secretary  of  state,  to  provide  and  set 
aside  an  office  for  said  commissioner  in  tlie  capitol  or  in  any  state  build- 
ing under  Ms  control,  because  there  is  no  such  office  or  rooms  available, 
then,  and  after  the  making  and  delivery  of  such  affidavit  to  such  com- 
missioner,  the   said   commissioner   may  rent   ]*ooms  convenient   and   suit- 
able for  his   offices  at  a  rental  not  to  exceed  one  thousand  dollars  per 
year.     The    office    of   said    commissioner    shall   be   kept   open    every    day 
except    holidays.     Said    commissioner    may    also    keep    and    maintain    an 
office   in    the   city   and    county    of    San   Francisco    adequate   to    the   pur- 
poses  and   requirements   of  the   quarantine   division,   at   a  yearly   rental 
not   to    exceed   the   sum    of   seven   hundred   fifty    dollars.     Said    commis- 
sioner  shall   appoint   a   chief   deputy   quarantine   officer,  who   shall  be   a 
skilled    entomologist    and    particularly    conversant    with    the    naturd    of 
foreign  insect  pests  and  plant  diseases  and  effective  means  of  prevent- 
ing their  introduction,  and  shall  have  charge  of  the  work  of  the  quar- 
antine   division    provided   for   in   this    section    of    this    act.     Such    chief 
deputy  quarantine  officer  shall  receive  a   salary  of  two  thousand  seven 
hundred  dollars, per  annum.     Said   commissioner  shall  appoint  two  dep- 
uty   quarantine    officers    who    shall   be    competent    entomologists   for   the 
purpose  of  quarantine  work.     Such  deputy  quarantine  officers  shall  each 
.receive    a    salary    of    one    thousand    eight    hundred    dollars    per    annum. 
Said   commissioner   shall   also   properly   maintain   and   operate   the   state 
insectary    located    on    the    state    capitol    grounds    in    Sacramento    from 
funds  provided  by  law  for  such  purpose,  and  shall  appoint  for  the  work 
of  the  insectary  division  a  superintendent  of  the  insectary,  who  shall  be 
an   expert   entomologist   able   to   perform   all   the   necessary   duties   with 
reference   to  the  importation,   rearing   and  distribution   of  beneficial  in- 
sects.    The  salary  of  the  superintendent  of  the  state  insectary  shall  be 
two    thousand    seven    hundred    dollars    per    annum.     Said    commissioner 
shall   appoint   an    assistant    superintendent    of    the    insectary,   who    shall 
be  an  economic  entomologist,  at  a  salary  of  one  thousand  eight  hundred 
dollars   per  annum.     Said  commissioner  shall  appoint  a  field   deputy  for 
the  insectary  division,  who  shall  be  a  practical  entomologist  and  whose 
salary   shall   be   one    thousand    eight   hundred    dollars   per   annum.     The 
salaries  of  all   the  officers  above  mentioned  .shall  be  paid  at  the  same 
time   and    in   the   same    manner   as   the   salaries   of   other   state   officers. 
Said  commissioner  may  also  appoint  such  assistants  from  time  to  time 
as  may   be    required    and   such  assistants   shall  receive   such   reasonable 
compensation  as  may  be  fixed  by  said   commissioner.      [Amendment   ap- 
proved May  17,  1917;  Stats.  1917,  p.  (538.] 

§  2319a.  Duties  of  commissioner  of  horticulture.  State  horticultural 
quarantine  officer.  Quarantine  guardians.  It  shall  be  the  duty  of  the 
state  commissioner  of  horticulture  to  promote  and  protect  the  plant 
industry  of  the  state;  to  prevent  the  introduction  and  spread  of  injuri- 
ous insect  or  animal  pests,  plant  diseases  and  noxious  weeds;  to  cause 


259  POLITICAL  CODE.  §  2319b 

to  be  put  into  executioii  such  horticultural  laws  of  a  regulatory  nature 
as  are  written  into  the  statutes,  and  to  introduce  and  distribute  such 
insects  as  are  useful  in  reducing  the  cost  of  crop  production.  Such 
commissioner  shall  collect  books,  pamphlets  and  periodicals  and  other 
documents  containing  information  relating  to  horticulture  and  shall 
preserve  the  same;  collect  statistics  and  other  information  showing  the 
actual  condition  and  progress  of  horticulture  in  this  state  and  else- 
where; correspond  with  horticultural  societies,  colleges  and  schools,  and 
with  the  county  horticultural  commissioners  existing  or  that  may  exist 
in  this  state,  and  with  all  other  persons  necessary  to  secure  the  best 
results  to  horticulture  in  this  state.  He  shall  require  reports  from 
county  horticultural  commissioners  in  this  state,  and  may  print  the 
same  or  any  part  thereof  as  he  may  select,  either  in  the  form  of  bulle- 
tins or  in  his  annual  reports  or  both,  as  he  shall  deem  proper.  He  shall 
issue  and  cause  to  be  printed  and  distributed  to  county  horticultural 
commissioners  in  this  state,  and  to  such  other  persons  as  he  may  deem 
proper,  bulletins  or  statements  containing  all  the  information  best 
adapted  to  advance  the  interest,  business  and  development  of  horticul- 
ture in  this  state.  Such  commissioner  shall  be  deemed  to  be  the  state 
horticultural  quarantine  officer  mentioned  in  that  certain  act  entitled 
"An  act  for  the  protection  of  horticulture  and  to  prevent  the  introduc- 
tion into  this  state  of  insects,  or  diseases,  or  animals  injurious  to  fruit 
or  fruit  trees,  vines,  bushes  or  vegetables,  and  to  provide  for  a  quar- 
antine for  the  enforcement  of  this  act,"  which  became  a  law  under  con- 
stitutional provisions  without  the  governor's  approval  on  March  11, 
1899,  for  the  purposes  of  that  act,  and  shall  be  empowered  to  perform 
the  duties  which  under  that  act  are  to  be  performed  by  the  state  hor- 
ticultural quarantine  officer;  provided,  that  in  any  case  where  it  shall 
become  necessary  in  the  judgment  of  the  state  commissioner  of  hor- 
ticulture to  quarantine  a  county  or  district  within  the  state  against 
another  or  other  county  or  counties  or  districts  within  the  state,  or  to 
quarantine  the  state  or  a  county  or  district  of  the  state  against  another 
state  or  a  foreign  country  or  countries  then  it  shall  be  necessary  that 
said  quarantine  shall  be  made  by  and  with  the  approval  of  the  governor 
as  provided  in  this  chapter. 

The  state  commissioner  of  horticulture  may  issue  commissions  as  quar- 
antine guardians  to  the  county  horticultural  commissioners,  deputies 
and  inspectors  appointed  by  them.  [Amendment  approved  May  17, 
1917;  p.  640.] 

§  2319b.  Quarantine  regulations.  Said  commissioner  may,  by  and 
with  the  approval  of  the  governor,  establish,  maintain  and  enforce  such 
quarantine  regulations  as  may  be  deemed  necessary  to  protect  the 
nurseries,  trees,  shrubs,  plants,  vines,  cuttings,  grafts,  scions,  buds, 
fruit-pits  ,  fruit,  seeds,  vegetables  or  other  articles  of  horticulture, 
against  contagion  or  infestation  by  injurious  plant  disease,  insects,  or 
animal  or  weed  pests,  by  establishing  such  quarantine  at  the  bound- 
aries of  this  state  or  elsewhere,  within  the  state,  and  he  may  make  and  en- 
force, with  the  approval  of  the  governor,  any  and  all  such  rules  and  regu- 
lations as  may  be  deemed  necessary  to  prevent  any  infected  or  infested 
stock,  tree,  shrub,  plant,  vine,  cutting,  graft,  scion,  bud,  fruit-pit,  fruit, 


§§  2319c,  2319d       political  code.  260 

seeds,  vegetable  or  other  article  of  horticulture,  from  passing  over  any 
quarantine  line  established  and  proclaimed  pursuant  to  this  act,  and  all 
such  articles  shall,  during  the  maintenance  of  such  quarantine,  be  in- 
spected by  such  commissioner  or  by  deputies  appointed  in  writing  by  said 
commissioner,  and  he  and  the  deputies  so  conducting  such  inspection  shall 
not  permit  any  such  article  to  pass  over  such  quarantine  line  during 
such  quarantine,  except  upon  a  certificate  of  inspection  signed  by 
such  commissioner  or  in  his  name  by  such,  deputy  who  has  made  such 
inspection.  All  approvals  by  the  governor  given  or  made  pursuant 
to  this  act  shall  be  in  writing  and  signed  b}'  the  governor  in  duplicate, 
and  one  copy  thereof  shall  be  filed  in  the  office  of  the  secretary  of  state 
and  the  other  in  the  office  of  said  commissioner  before  such  approval 
shall  take  effect.  [Amendment  approved  May  17,  1917;  Stats.  1917, 
p.  611.] 

§  2319c.     Quarantine  against  plant  diseases,  etc.     May  enter  premises. 

Upon  information  received  by  such  commissioner  of  the  existence  of  any 
infectious  plant  disease,  insect,  or  animal  or  weed  pest,  dangerous  to 
any  article,  or  to  the  interests  of  horticulture  within  this  state,  or  that 
there  is  a  probability  of  the  introduction  of  any  such  infectious  plant 
diseases,  insect  or  animal  or  weed  or  other  pests,  into  this  state  or  across 
the  boundaries  thereof,  he  shall  proceed  to  thoroughly  investigate  the 
same  and  may  establish,  maintain  and  enforce  quarantine  as  hereinbe- 
fore provided,  with  such  regulations  as  may  be  necessary  to  circumscribe 
and  exterminate,  eradicate  or  control  such  infectious  plant  diseases, 
insects  or  weed  or  other  pests,  and  prevent  the  extension  thereof,  and 
is  hereby  authorized  to  enter  upon  any  ground  or  premises  to  inspect 
the  same  or  to  inspect  any  tree,  shrub,  plant,  vine,  cutting,  graft,  scion, 
bud,  fruit-pit,  fruit,  seed,  vegetable  or  other  article  of  horticulture  or 
implement  thereof  or  box  or  package  pertaining  thereto,  or  connected 
therewith  or  that  has  been  used  in  packing,  shipping  or  handling  the 
same,  and  to  open  any  such  package,  and  generally  to  do,  with  the  least 
injury  possible  under  the  condition's  to  property  or  business,  all  acts  and 
things  necessary  to  carry  out  the  provisions  of  this  chapter;  and  pro- 
vided, further,  tliat  no  quarantine  shall  be  established,  maintained  or 
enforced  for  the  protection  of  nurseries,  trees,  shrubs,  plants,  vines,  cut- 
tings, grafts,  scions,  buds,  fruit-pits,  fruit,  seeds,  vegetables  or  other 
articles  of  horticulture,  against  contagion  or  infection  by  injurious 
disease,  insects  or  pests,  except  by  such  commissioner  and  in  the  man- 
ner in  this  section  provided.  [Amendment  approved  May  17,  1917; 
Stats.   1917,   p.   042.] 

§  2319d.  Pests  to  be  reported  to  county  horticultural  commissioners. 
Duty  of  commissioner.  I'piin  the  discdveiy  of  any  infectious  plant 
iliscasc,  iiijiiiious  insects  or  weed  or  other  pests,  such  commissioner 
shall  immediately  icpoil  the  same  to  s-ncli  quarantine  guardians  or 
county  horlicultural  commissioners  of  tlie  ( eunties  wherein  such  dis- 
covery is  made,  together  with  a  statement  as  to  the  best  known  means 
or  metliod  for  circumscribing,  exterminating,  eradicating  or  controlling 
the  Hanie,  ;ind  sh;ill  stiitc  therein  specifically  what  treatment  or  method 
shouM  })(•  .'ijiplicd  in  cncji  case,  as  the  matter  may  require,  with  a  de- 
taiicfd    statement    or    [iresciiption    as    to    tiie    method    id'    maiving    or    pro- 


261  POLITICAL  CODE.        §§  23191, 2319J 

curing  and  of  applying  any  preparation  or  treatment  so  recommen'lcc! 
therefor,  and  the  time  and  duration  for  such  treatment,  and  if  chem- 
icals or  articles  be  required  other  than  those  usually  obtainable  iu  any 
town,  the  place  or  places  where  they  are  most  readily  to  be  obtained; 
and  upon  the  receipt  of  such  statement  by  any  quarantine  guardian  or 
county  horticultural  commissioner  it  shall  be  the  duty  of  such  quaran- 
tine guardian  or  county  horticultural  commissioner  to  distribute  such 
statement  in  written  or^printed  form  to  every  person  owning  or  having 
charge  or  possession  of  any  orchard,  nursery  stock,  tree,  shrub,  plant, 
fruits  or  other  article  of  horticulture  within  their  county,  where  there 
may  be  or  is  likely  to  be  any  danger  to  the  interests  of  horti^rulture, 
and  such  a  statement  must  be  served  with  or  be  a  part  of  the  notice 
to  be  given  to  the  owner  or  owners  or  person  or  persons,  in  possession 
of  any  orchard,  nursery,  tree,  shrub,  plant,  fruits  or  other  articles  of 
horticulture,  referred  to,  provided  for,  and  required  to  be  served  in  and 
by  section  two  thousand  tnree  hundred  twenty-two  a  of  the  Political 
Code  of  the  State  of  California.  [Amendment  approved  May  17,  1917; 
Stats.   1917,  p.  642.] 

§23191.  Nurserymen,  etc.,  to  register.  License  number.  Any  nur- 
seryman, agent,  jobber,  person,  tirra  or  organization  operating  in  the 
state  of  California,  who  ships,  sells  or  handles  nursery  stock,  trees,  plants,^ 
shrubs  or  vines  which  are  for  planting  or  propagation  purposes  within 
the  borders  of  this  state,  shall  register  with  the  state  commissioner 
of  horticulture  and  shall  pay  the  same  one  dollar  for  such  registration 
for  a  period  of  one  year.  The  state  commissioner  of  horticulture  shall 
issue  to  each  applicant  a  special  license  number,  and  all  shipments  by 
such  licensee  shall  have  his  license  number  aflSxed  to  the  package  of 
nursery  stock,  trees,  plants,  shrubs  or  vines  for  planting  or  propaga- 
tion purposes;  provided,  however,  that  an  agent  or  agents  acting  as 
salesman  for  a  nurseryman,  jobber,  person,  firm  or  organization  shall 
not  be  granted  a  license  number  but  shall  be  required  to  use  the  license 
number  assigned  the  nurseryman,  jobber,  person,  firm  or  organization 
by  whom  such  agent  or  agents  are  employed.  [Amendment  approved 
May  17,   1917;   Stats.  1917,   p.  613.] 

§  2319J.  Permit  to  ship  nursery  stock,  etc.,  Into  state.  Any  nursery- 
man, jobber,  person,  firm  or  organization  doing  business  without  the 
state  of  California  who  desires  to  ship  nursery  stock,  trees,  plants,  vines, 
or  shrubs  into  this  state  for  planting  or  propagation  purposes  from  any 
other  state,  territory  or  district  of  the  United  States,  shall  first  make 
aj)plication  to  the  state  commissioner  of  horticulture  for  a  permit  to  so 
do,  filing  with  the  application  a  statement  of  the  location  of  the  nursery, 
or  place  of  business  owned  or  operated  by  him  or  them,  and  an  official 
certificate  of  inspection  of  such  premises  signed  by  the  state  inspector 
of  the  state  in  which  said  premises  are  located.  Permits  herein  pro- 
vided shall  be  issued  by  the  state  commissioner  of  horticulture  upon 
request  and  without  making  any  charge  therefor  whenever  in  his  judg- 
ment such  permits  may  be  issued  without  endangering  the  horticultural 
interests  of  this  state.  Such  permits  shall  bear  a  special  number,  and 
all  shipments  thereafter  made  by  any  nurseryman,  jobber,  person,  firm  or 
organization    into    the    state    of    California    must    contain    this    number 


§§  2319k-2322  political  code.  262 

affixed  to  the  package  of  nursery  stock,  trees,  plants,  vines  or  shrubs 
shipped  by  him.  [Amendment  approved  Mav  17.  1917;  Stats.  1917, 
p.   643.] 

§  2319k.  Penalty.  Any  person  willfully  refusing  to  comply  with 
orders  lawfully  made  under  and  pursuant  to  this  chapter  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  fined  not  to  ex- 
ceed five  hundred  dollars.  [New  section  added  May  17,  1917;  Stats. 
1917,  p.  644.] 

§  2319 1.  Payment  of  moneys.  All  moneys  paid  hereunder  shall  be 
paid  by  the  state  treasurer  from  moneys  appropriated  for  the  support 
of  the  officer  of  state  commissioner  of  horticulture,  and  expenses  other 
than  the  salary  of  the  commissioner,  the  compensation  of  his  deputies, 
secretary,  quarantine  officers,  superintendents,  assistants,  and  clerk,  as 
allowed  and  i>rovided  by  this  chapter,  muSt  be  certified  by  the  said 
commissioner  and  be  approved  by  the  state  board  of  control  before  be- 
ing audited  and  paid.  [New  section  added  May  17,  1917;  Stats.  1917, 
p.    644.] 

§  2322.  Petition  to  board  of  supervisors  stating  existence  of  infectious 
diseases,  etc.  List  of  eligibles.  Term.  Bond.  Qualifications  of  commis- 
sioner. State  board  of  horticultural  examiners.  Examinations.  Appoint- 
ments. County  board  of  horticultural  commissioners  superseded.  ^Yhen- 
ever  a  petition  is  presented  to  the  board  of  supervisors  of  any  county  or 
city  and  county,  and  signed  by  twenty-five  or  more  persons  each  of  whom 
is  a  resident  freeholder  and  possessor  of  an  orchard,  or  greenhouse  or 
nursery,  or  rice  fields,  stating  that  certain  or  all  orchards  or  nurseries 
or  trees  or  plants  of  any  variety  or  rice  fields,  are  infested  with  any 
infectious  diseases,  or  insects  of  any  kind  injurious  to  fruit,  fruit  trees, 
vines  or  other  plants  or  vegetables,  or  that  there  is  growing  therein  the 
Russian  thistle  or  saltwort  (Salsola  kali  var.  tragus),  Johnson  grass 
(Sorghum  halepense)  or  other  noxious  weeds,  or  red  rice,  or  water- 
grasses  or  other  weeds  or  grasses  detrimental  to  rice  culture,  codlin 
moth  or  other  insects,  ground  squirrels,  gophers  or  other  animals  that 
are  destructive  to  trees  and  plants;  or  that  serious  pests,  plant  diseases 
injurious  to  fruit,  fruit  trees,  vines,  or  other  plants  or  vegetables,  or 
noxious  w'eed  seed  arc  being  shipped  into  the  county  which  would  cause 
damage  or  be  liable  to  cause  damage  to  the  orchards,  vineyards,  gardens 
or  farms  of  the  county  or  state;  and  praying  that  a  commissioner  be 
appointed  by  them  whose  duties  shall  be  to  supervise  the  eradication,  the 
control,  or  the  destruction  of  said  insects,  ground  squirrels,  gopher  or 
other  animals,  diseases  or  Eussian  thistle  or  saltwort,  Johnson  grass 
or  other  noxious  weeds,  or  red  rice,  water-grasses,  or  other  weeds  or 
grasses  detrimental  to  rice  culture,  when  growing  in  fields  of  rice  or 
fields  adjacent  tiiereto,  or  in  canals  or  ditches  used  for  the  purpose  of 
i-onvcying  water  to  rice  fields  for  tlie  irrigation  thereof,  as  herein  pro- 
vided, the  board  of  supervisors  shall  immediately  notify  the  state  board 
of  horticultural  examiners  to  furnish  them  a  list  of  eligibles  or  com- 
petent persons  as  hereinafter  provided,  and  from  such  list  the  said 
-ii|)ervisors  sliall  appoint  a  commissioner  in  accordance  with  the  pro- 
visions  of  this   chapter,  whose   term   of   officer   shall  be   for  four  years 


263  POLITICAL   CODE.  §  2322 

and  until  his  successor  shall  be  appointed  and  qualified  and  who  shall 
give  a  bond  in  the  sum  of  one  thousand  dollars  for  the  faithful  per- 
formance of  his  duties.  Tlie  said  term  of  office  of  any  and  all  county 
commissioners  heretofore  or  hereinafter  appointed  shall  commence  on 
the  date  of  appointment,  and  be  for  a  period  of  four  years  and  until  his 
successor  shall  be  appointed  and  qualified,  at  the  end  of  which  period  the 
said  term  shall  terminate,  and  said  term  shall  run  with  and  be  attached 
to  said  office.  In  any  case  where  such  petition  has  already  been  pre- 
sented or  submitted,  or  is  on  file  at  the  time  of  the  passage  of  this  act, 
as  the  basis  for  the  appointment  of  a  board  of  horticultural  commis- 
sioners under  this  chapter  as  heretofore  existing,  such  petition  shall 
continue  in  full  force  and  effect  and  the  board  of  supervisors  of  any 
county,  or  city  and  county  with  which  any  such  petition  has  been  filed, 
or  in  which  any  board  of  horticultural  commissioners  has  heretofore 
existed,  must  appoint  a  county  horticultural  commissioner.  The  person 
appointed  to  such  position  must  be  especially  qualified  for  his  duties  and 
must  be  chosen  and  appointed  by  the  board  of  supervisors  from  a  list 
of  eligible  persons  recommended  and  nominated  to  said  board  as  here- 
inafter provided.  Said  appointment  to  be  made  within  thirty  days 
after  receipt  of  said  list  by  said  board  of  supervisors;  provided,  this 
act  shall  in  no  wise  affect  any  other  act  or  acts  providing  for  the  de- 
struction of  ground  squirrels  or  applying  to  the  proceedings  thereunder 
but  it  is  intended  to  and  does  provide  the'  alternative  system  of  pro- 
ceedings for  the  extermination  of  ground  squirrels  and  gophers  referred 
to  in  this  act;  and  it  shall  be  within  the  discretion  of  the  governing 
body  of  each  county,  city  and  county,  city  or  town  herein  mentioned 
to  provide  for  the  destruction  of  ground  squirrels  whether  under  the 
provisions  of  this  act  or  under  the  provisions  of  such  other  act  or  acts; 
but  when  any  proceedings  are  commenced  under  this  act,  the  provisions 
of  this  act,  and  of  such  amendments  as  may  hereafter  be  adopted,  and 
no  other,  shall  apply  to  all  such  proceedings  and  any  provision  contained 
in  any  other  act  or  acts  in  conflict  with  the  provisions  hereof  shall  be 
void  and  of  no  effect  as  to  the  proceedings  commenced  under  the  pro- 
visions   of    this    act. 

The  said  board  of  supervisors  shall  provide  a  suitable  office  for  the 
said  county  horticultural  commissioner,  and  shall  furnish  and  equip  the 
said  office  with  all  necessary  furniture  and  effects  for  the  proper  dis- 
charge of  the  commissioner's  duties.  The  said  board  of  supervisors  may 
also  provide  the  county  horticultural  commissioner  with  all  necessary 
field  equipment  for  the  proper  discharge  of  the  duties  of  his  office.  All 
expense  ordered  by  the  board  of  supervisors  for  such  office,  furniture 
and  equipment,  and  for  stenographic  and  other  office  help  and  expense 
shall  be  a  county  charge  and  the  board  of  supervisors  shall  allow  and 
pay  the  same  out  of  the  general  fund  of  the  county.  A  state  board  of 
horticultural  examiners  is  hereby  created  consisting  of  the  dean  of  the 
agricultural  college  of  the  University  of  California,  the  state  commis- 
sioner of  horticulture  and  the  superintendent  of  the  state  insectary,  who 
are  ex-officio  members  of  said  board.  They  shall  serve  without  pay  and 
said  board  shall  provide  convenient  means  for  the  examination  of  can- 
didates for  appointment  as  horticultural  commissioner.  While  in  the 
performance  of  their  duties  as  members  of  said  board  they  shall  be 
allowed  all  their  necessary  expenses  for  traveling,  printing,  postage  and 


§  2322  poLiTiCxVL  Code.  2G4 

other  incidental  matters  to  be  paid  out  of  any  appropriations  made  for 
the  support  of  the  office  of  the  state  commissioner  of  horticulture.  At 
least  thirty  days  before  the  date  of  the  examination  of  candidates  for 
the  said  appointment  the  state  board  of  horticultural  examiners  shall 
post  or  cause  to  be  posted  in  three  public  places  in  said  county  a  notice 
of  the  time  and  place  at  which  such  examination  will  be  held,  setting 
forth  the  conditions  and  subjects  of  said  examination.  At  the  time 
and  place  s'tated'  in  said  notice  such  examination  shall  be  held.  Said 
examination  shall  be  in  writing  and  the  board  of  horticultural  examiners 
may  appoint  one  of  their  own  number,  or  some  other  reliable,  competent 
person  to  conduct  the  holding  of  such  examination  in  each  county  and 
forward  the  papers  of  each  applicant  to  the  board  for  consideration. 
Within  twenty  days  after  the' examination  is  held  said  examiners  shall 
certify  to  the  board  of  supervisors  of  the  county,  or  city  and  county 
for  which  the  examination  was  had,  the  names  of  such  persons  examined 
as  they  deem  competent  and  qualified  for  the  office  and  from  the  list 
of  names  so  certified  the  supervisors  shall,  within  thirty  days  after  the 
receipt  of  said  list  of  names,  appoint  a  horticultural  commissioner. 

If  for  any  reason  the  board  of  supervisors  refuse  or  neglect  to  appoint 
a  county  horticultural  commissioner  at  the  expiration  of  the  thirty 
days,  or  if  they  refuse  or  neglect  to  appoint  a  county  horticultural 
commissioner  to  fill,  an  unexpired  term  as  elsewhere  provided  in  this 
act,  then  the  state  board  of  horticultural  examiners  shall  select  and  ap- 
point a  county  horticultural  commissioner  from  the  list  of  qualified 
persons  certified  to  the  board  of  supervisors  of  that  county,  whose  term 
of  officer  shall  be  for  four  years,  and  until  his  successor  has  qualified. 
Whenever  the  state  board  of  horticultural  examiners  shall  appoint  a 
county  horticultural  commissioner  as  herein  provided,  then  the  county 
l)oard  of  supervisors  must  provide  for  the  payment  of  such  appointee's 
compensation  and  expenses  in  the  same  manner  as  if  such  appointment 
liad  been  made  by  the  board  of  supervisors.  As  far  as  possible  the 
l)oard  of  horticultural  examiners  shall  consult  the  resident  horticulturists 
of  the  county  in  determining  the  responsibility  and  moral  qualifications 
of  candidates  for  appointment  as  commissioners  and  whose  names  they 
certify  to  the  boards  of  supervisors  of  the  several  counties.  If  no  per- 
son or  persons  present  themselves  for  examination  before  said  board  of 
liorticultural  examiners  or  if  after  such  examination  no  person  is  found 
(|u;ilified,  the  state  board  of  horticultural  examiners  shall  name  five 
(■()in|ict('iil  |ifisons  and  certify  them  to  the  board  of  supervisors  and 
from  these  names  the  board  of  supervisors  shall,  within  thirty  days 
after  the  receipt  thereof,  appoint  a  county  horticultural  commissioner, 
and  in  such  event  the  commissioner  so  apiiointed  shall  hold  office  for 
the  Icrtri  of  one  year.  In  case  of  vacancy  in  the  office  of  the  hortieul- 
Inial  commissioner  the  vacancy  shall  l)e  filled  first  from  the  list  of 
(•ligil)les  certified  In  tlie  ])o;iril  of  sii|K'i-\is(>rs  under  tlie  jirovisions  of 
tliis  cha|)ter,  an<l  it  tlicre  lie  no  jierson  nanicd  on  the  snid  list  of  eligible 
jiersons  as  in  this  srction  first  al)ove  providcil,  [lien  said  vacancy  shall 
111-  filled  troni  t  lir  li^t  of  coniiirtcnt  jmtsoiis  nnnicil  ns  in  this  s(M'tion  last 
.■ilio\c  |ii-(i\idcd,  nml  if  said  \ai-nncy  shull  lie  lillcii  I'rnni  the  said  list 
of  (•ligil)lrs.  till'  sail]  person  so  np|ioin1('(|  sli;ill  Imld  j'oi'  the  ba!aM<'e  of 
the    nnex|iii-c(|    term,   nnd    if   the   said    vacancy    lie    (illcd    from   the   said    list 


265  POLITICAL  CODE.  §  2322a 

of  competeut  persons,  the  said  person  shall  hold  for  the  balance  of  the 
unexpired  term,  if  the  said  unexpired  term  be  not  longer  than  one  year, 
but  if  said  unexpired  term  be  longer  than  one  year  then  such  person 
sliall  not  by  virtue  of  such  appointment  hold  longer  than  one  year  from 
the   date   of   his   appointment. 

At  the  expiration  of  the  term  of  office  of  the  county  horticultural 
commissioner,  the  state  board  of  horticultural  examiners  shall  submit 
to  the  board  of  supervisors  of  that  county  where  such  term  shall  have 
expired  a  new  list  of  qualified  persons  who  shall  have  qualified  before 
said  board  of  horticultural  examiners  by  examination  as  provided  in 
this  section,  such  list  to  include  without  further  examination  any  per- 
son who  has  previously  qualified  before  the  state  board  of  horticultural 
examiners,  and  who  has  held  office  as  county  horticultural  commissioner 
or  deputy  horticultural  commissioner  for  a  term  of  at  least  two  years 
immediately  preceding  the  expiration  of  the  term  of  county  horticultural 
commissioner  and  in  the  county  where  such  term  shall  have  expired. 

Whenever  elsewhere  in  the  laws  of  this  state  reference  is  made  to  a 
county  board  of  horticultural  commissioners  such  reference  must  be 
understood  to  mean  or  relate  to  the  county  horticultural  commissioner 
herein  provided  for  and  said  county  board  of  horticultural  commis- 
sioners and  the  members  thereof  shall  cease  to  exist;  provided,  that  all 
county  boards  of  horticultural  commissioners  existing  at  the  time  of  the 
passage  of  this  act  shall  continue  in  office,  with  full  power  as  hereto- 
fore existing  until  the  election  or  appointment  to  succeed  them  of  a 
county  horticultural  commissioner  under   the   provisions   of  this  act. 

Upon  the  petition  of  twenty-five  resident  freeholders  each  of  whom 
is  possessed  of  an  orchard,  greenhouse  or  nursery,  the  state  board  of 
horticultural  examiners  may  disqualify  a  county  horticultural  commis- 
sioner for  neglect  of  duty  or  malfeasance  in  office  after  a  hearing  of 
the  petition.  Such  hearing  must  be  held  at  the  county  seat  of  the 
county  where  such  petition  is  filed,  and  notice  in  writing  of  the  time 
and  place  of  such  hearing  and  a  copy  of  the  petition  must  be  served  on 
the  accused  horticultural  commissioner  at  least  ten  days  prior  to  the 
date  of  said  hearing.  At  such  hearing  the  state  board  of  examiners 
shall  hear  such  evidence  as  is  offered  and  thereafter  make  an  order, 
either  sustaining  or  disqualifying  the  accused.  In  case  of  such  dis- 
qualification the  board  of  supervisors  of  the  county  where  the  county 
horticultural  commissioner  has  been  disqualified  shall  upon  the  request 
of  the  state  board  of  horticultural  examiners  remove  said  commissioner 
of  horticulture  and  shall  immediately  proceed  to  fill  the  said  office  for 
the  unexpired  term  as  in  cases  of  vacancy  as  hereinbefore  provided. 
[Amendment  approved  May  17,  1917;  Stats.  1917.  p.  627.] 

§  2322a.  Duty  of  commissioner.  Notice  to  destroy  pests.  When 
pests  are  on  public  property.  Nonresident  owners.  Declared  a  public 
nuisance.  Expense  of  abating.  Lien.  Power  to  abate.  Fumigators 
and  sprayers.  Certificate.  It  shall  be  the  duty  of  the  county  horti- 
cultural commissioner  in  each  county,  whenever  he  shall  deem  it  neces- 
sary to  cause  an  inspection  to  be  made  of  any  premises,  orchards  or 
nurseries,    or    trees,    plants,    vegetables,    vines    or    fruits,    or    any    fruit- 


§  2322a  POLITICAL  code.  266 

packing  house,  storeroom,  salesroom,  or  any  other  place  or  article  in  his 
jurisdiction,  and  if  found  infected  or  infested  with  infectious  diseases, 
scale  insects,  or  codlin  moth,  or  other  insect  or  animal  pests  injurious 
to  fruits,  plants,  vegetables,  trees  or  vines,  or  with  their  eggs  or  larvae, 
or  if  there  is  found  growing  thereon  the  Russian  thistle  or  saltwort, 
Johnson  grass  or  other  noxious  weeds,  or  red  rice,  water-grasses  or 
other  weeds  or  grasses  detrimental  to  rice  culture,  he  shall  in  writing 
notify  the  owner  or  owners,  or  person  or  persons  in  charge,  or  in  posses- 
sion of  the  said  places  or  orchards  or  nurseries,  or  trees  or  plants,  vege- 
tables, vines,  or  rice  fields,  or  fields  adjacent  to  rice  fields,  or  canals 
or  ditches  used  for  the  purpose  of  conveying  water  to  rice  fields  for 
the  irrigation  thereof,  or  fruit,  or  article  as  aforesaid,  that  the  same  are 
infected  or  infested  with  said  diseases,  insects,  animals  or  other  pests, 
or  any  of  them  or  their  eggs,  or  larvae,  or  that  the  Eussian  thistle  or 
saltwort,  Johnson  grass  or  other  noxious  weeds,  or  red  rice,  water- 
grasses  or  other  weeds  or  grasses  detrimental  to  rice  culture,  is  growing 
thereon,  and  require  such  person  or  persons,  to  eradicate,  or  destroy 
or  to  control,  to  the  satisfaction  of  the  county  horticultural  commis- 
sioner the  said  insects,  animals  or  other  pests,  or  their  eggs  or  larvae, 
or  Russian  thistle  or  saltwort,  Johnson  grass  or  other  noxious  weeds  or 
red  rice,  or  water-grasses,  or  other  weeds  or  grasses  detrimental  to  rice 
culture,  within  a  certain  time  to  be  therein  specified.  Said  notices  may 
be  served  upon  the  person  or  persons,  or  either  of  them,  owning  or 
having  charge,  or  having  possession  of  such  infested  place  or  orchard 
or  nursery,  or  trees,  plants,  vegetables,  vines,  or  fruit,  or  articles,  as 
aforesaid,  or  premises  where  the  Russian  thistle  or  saltwort,  Johnson 
grass  or  other  noxious  weeds  or  red  rice,  water-grasses,  or  other  weeds 
or  grasses  detrimental  to  rice  culture,  shall  be  growing,  or  upon  the 
agents  of  either,  by  any  commissioner,  or  by  any  person  deputed  by 
the  said  commissioner  for  that  purpose  in  the  same  manner  as  a  sum- 
mons in  a  civil  action.  In  case  infectious  diseases,  scale  insects,  codlin 
moth,  or  other  insect  or  animal  pests  injurious  to  fruit,  plants,  vegeta- 
bles, trees,  or  vines,  or  their  eggs,  or  larvae,  are  found  to  exist  on 
trees  or  shrubs  in  public  parks  or  along  streets,  highways,  or  other 
property  subject  to  the  control  of  a  city  or  county  government,  or  if 
there  is  found  growing  in  any  public  park,  street,  highway  or  on  other 
jiroperty  subject  to  the  control  of  a  city  or  county  government  any 
Fiussian  thistle,  or  saltwort,  Johnson  griiss,  or  other  noxious  weeds,  or 
red  rice,  water-grasses,  or  other  weeds  or  grasses  detrimental  to  rice 
culture,  when  said  public  park,  street,  highway,  or  other  property  sub- 
ject to  tlie  control  of  the  city-  or  county  government  is  adjacent  to  rice 
fields,  or  canals  or  ditches  used  for  the  purpose  of  convoying  water 
lo  rii'c  fields  for  the  irrigation  thereof,  then  said  notice  in  writing 
shall  be  served  on  the  chairman  of  the  governing  body  of  said  city  or 
county,  and  in  case  the  work  of  eradication,  or  of  control,  or  of  destruc- 
tion of  the  said  pests,  diseases,  or  noxious  weeds  in  the  said  public 
parks,  streets,  highways,  or  other  public  property  shall  be  performed 
hy  the  county  horticultural  commissioner,  then  the  cost  thereof  shall 
become  a  city  or  county  charge,  as  the  case  may  be,  and  shall  be  paid 
from  the  general   fund   of  said   city  or  county;   provided,  however,  that 


267  POLITICAL  CODE.  §  2322a 

if  any  such  infected  or  infested  articles,  property,  or  premises  as'  herein- 
above specified  belong  to  any  person  who  is  not  a  resident  of  the 
county,  and  there  is  no  person  in  control  or  possession  thereof,  and 
such  nonresident  person  has  no  tenant,  bailee,  depositary  or  agent  upon 
whom  service  can  be  had;  or  if  the  owner  or  owners  of  any  such  arti- 
cles, property  or  premises  cannot  after  due  diligence  be  found,  then 
such  notice  may  be  served  by  posting  the  same  in  some  conspicuous 
place  upon  such  articles,  property  or  premises,  and  by  mailing  a  copy 
thereof  to  the  owner  thereof  at  his  last  known  place  of  residence,  if 
the  same  is  known  or  can  be  ascertained;  or  if  not  known  then  to  the 
county  seat  of  the  county  wherein  said  property  is  situated.  Any  and 
all  such  places,  or  orchards,  or  nurseries,  or  rice  fields  or  fields  adjacent 
to  rice  fields,  or  canals  or  ditches  used  for  the  purpose  of  conveying 
water  to  rice  fields  for  the  irrigation  thereof,  or  trees,  plants,  shrubs, 
vegetables,  vines,  fruits,  or  articles  thus  infested  or  infected,  or  prem- 
ises where  the  Kussian  thistle  or  saltwort  or  Johnson  grass  or  other 
noxious  weeds,  or  red  rice,  water-grasses,  or  other  weeds  or  grasses  detri- 
mental to  rice  culture,  or  where  any  squirrels,  gophers  or  other  preda- 
tory animals  shall  be  found  are  hereby  adjudged  and  declared  to  be  a 
public  nuisance;  and  whenever  any  such  nuisance  shall  exist  at  any 
place  within  his  county,  and  the  proper  notice  thereof  shall  have  been 
served  as  herein  provided,  and  such  nuisance  shall  not  have  been  abated 
within  the  time  specified  in  such  notice,  it  shall  be  the  duty  of  the 
county  horticultural  commissioner  to  cause  said  nuisance  to  be  at  once 
abated,  by  eradicating,  or  by  controlling,  or  by  destroying  said  diseases, 
insects,  animals  or  other  pests,  or  their  eggs,  or  larvae,  or  Eussian 
thistle  or  saltwort,  or  Johnson  grass  or  other  noxious  weeds,  or  red  rice, 
water-grasses,  or  other  weeds  or  grasses  detrimental  to  rice  culture. 
The  expense  thereof  shall  be  a  county  charge,  and  the  board  of  super- 
visors shall  allow  and  pay  the  same  out  of  the  general  fund  of  the 
county;  any  and  all  sum  or  sums  so  paid  shall  be  and  become  a  lien 
on  the  property  and  premises  from  which  said  nuisance  has  been  re- 
moved or  abated  in  pursuance  of  this  chapter.  A  notice  of  such  lien 
shall  be  filed  and  recorded  in  the  office  of  the  county  recorder  of  the 
county  in  which  the  said  property  and  premises  are  situated  within 
thirty  days  after  the  right  to  the  said  lien  has  accrued.  An  action  to 
foreclose  said  lien  shall  be  commenced  within  ninety  days  after  the 
filing  and  recording  of  said  notice  of  lien,  which  action  shall  be  brought 
in  the  proper  court  by  the  district  attorney  of  the  county  in  the  name 
and  for  the  benefit  of  the  county  making  such  payment  or  payments, 
and  when  the  property  is  sold,  enough  of  the  proceeds  shall  be  paid 
into  the  county  treasury  of  such  county  to  satisfy  the  lien  and  costs; 
and  the  overplus,  if  any  there  be,  shall  be  paid  to  the  owner  of  the 
property,  if  ho  be  known,  and  if  not,  into  the  court  for  his  use  when 
ascertained. 

Whenever  a  notice  of  eradication,  or  of  control,  or  of  destruction  is 
served  on  any  person  or  persons,  the  county  horticultural  commissioner 
may,  at  his  option,  cause  a  copy  thereof  to  be  filed  for  record  in  the 
office  of  the  county  recorder  within  which  the  said  property  is  situated, 
and  if  the  said  property  is  encumbered  with  a  mortgage,  lien,  contract. 


§  2322c  POLITICAL   CODE.  268 

option,  "bond,  or  other  .encumbrance,  the  said  county  horticultural  com- 
missioner may,  at  his  option,  cause  a  copy  thereof  to  be  served  on  the 
person  or  persons  holding  such   encumbrance. 

Whenever  a  lien  is  filed  on  a  piece  of  property  for  the  purpose  of  col- 
lection of  such  sums  as  have  been  expended  in  the  eradication,  or  in 
the  control,  or  in  the  destruction  of  insects,  diseases,  weeds,  or  animals 
found  upon  such  property  and  a  copy  of  a  notice  of  the  eradication,  or 
of  tKe  control,  or  of  the  destruction  shall  have  been  filed  in  the  office 
of  the  county  recorder  of  the  county  wherein  such  property  is  situated, 
and  served  on  the  person  or  persons  holding  any  such  encumbrance,  as 
hereinabove  provided,  then  such  lieu  shall  take  precedence  over  and  be 
paramount  to  all  other  liens  upon  the  said  land  excepting  only  the  lieu 
of  taxes. 

The  county  horticultural  commissioner  is  hereby  vested  with  the  power 
to  cause  any  and  all  such  nuisances  to  be  at  once  abated  in  a  summary 
manner. 

The  county  horticultural  commissioner  shall  have  power  and  authority 
to  prescribe  and  enforce  rules  for  the  examination  and  qualification  of 
fumigators  or  sprayers  who  desire  to  engage  in  such  business  for  hire, 
and  to  issue  certificates  to  all  persons  whom  he  shall  find  by  examination 
or  otherwise  to  be  duly  qualified  for  engaging  in  such  work.  Such  cer- 
tificate shall  be  revocable  whenever  the  county  horticultural  commis- 
sioner shall  deem  such  revocation  necessary.  No  person  shall  be  per- 
mitted to  engage  in  the  business  of  fumigating  or  spraying  for  hire 
wuthin  the  state  of  California  for  the  purpose  of  controlling  or  eradicat- 
ing plant  pests  or  diseases,  who  has  not  first  secured  a  certificate  in  the 
manner  herein  provided.  [Amendment  approved  May  17,  1917;  Stats. 
1917,  p.   631.] 

§  2322c.  Record  and  report  of  commissioner.  It  is  the  duty  of  the 
said  county  horticultural  commissioner  to  keep  a  record  of  his  official 
doings,  and  to  make  a  rejjort  to  the  state  commissioner  of  horticulture 
on  or  before  the  first  day  of  October  of  each  year  of  the  condition  of 
the  horticultural  interests  in  their  several  districts,  what  is  being  done 
to  eradicate,  or  to  control,  or  to  destroy  irisect  pests,  also  as  to  disinfect- 
ing, and  as  to  quarantine  against  insect  and  other  pests  and  diseases, 
and  as  to  the  carrying  out  of  all  laws  relative  to  the  greatest  good  of 
the  horticultural  interests,  and  to  -furnish  from  time  to  time  to  the  state 
commissioner  of  horticulture  such  other  information  as  he  may  require. 
Said  state  commissioner  of  liorticulture  may  publish  such  reports  in 
bulletin  form  or  may  incorporate  so  much  of  the  same  in  his  annual 
report  as  may  be  of  general  interest.  It  is  also  made  the  duty  of  the 
county  horticiiltural  commissioner  to  advise  himsolf  with  reference  to 
all  infectious  diseases,  scale  insects  or  codlin  motii  ur  oilier  pests  in- 
jurious to  fruit,  plants,  vegetables,  trees  or  vines,  and  witii  their  eggs 
or  larvae  and  all  noxious  weeds  or  grasses  or  animal  pests  that  may 
exist  in  liis  county  nr  lie  likely  to  exist  therein  and  for  the  purpose  of 
80  advising  himself  ;inil  of  eradicating  and  preventing  ijijury  from  such 
cauHOH,  and  for  the  jiiirjiose  of  advising  himself  (in  llie  best  and  most 
efficacious    methods    of   performing    iiis    duties    and    conducting   his    office 


269  POLITICAL  CODE.  §§  2322d-2322g 

lie  shall  atlond  the  ainuuil  meeting  of  the  state  association  of  county 
horticultural  eoniniissioners,  and  such  other  meetings  as  the  state  com- 
missioner of  horticulture  shall  require,  and  he  shall  be  paid  his  per  diem 
compensation  and  traveling  expenses  while  so  engaged,  or  while  on  any 
service  that  requires  him  to  go  outside  the  county  when  the  performance 
of  such  service  has  been  authorized  by  the  board  of  supervisors,  or  the 
state  commissioner  of  horticulture.  [Amendment  ajipruvod  May  17, 
1917;  Stats.   1917,  p.  634.] 

§  2322d.  Salaries  of  inspectors,  deputy  and  commissioner.  The  salary 
of  inspectors  working  under  the  county  horticultural  commissioner  is 
three  dollars  and  fifty  cents  per  day,  and  the  necessary  traveling  ex- 
penses. The  salary  of  the  deputy  shall  be  five  dollars  per  day  when  in  the 
actual  performance  of  his  duties,  and  the  necessary  traveling  expenses. 
In  the  case  of  the  commissioner  himself  his  compensation  shall  be  fixed 
by  the  board  of  supervisors,  either  at  not  less  than  one  thousand  eight 
hundred  dollars  per  year,  or  at  not  less  than  six  dollars  per  day  when 
actually  engaged  in  the  performance  of  his  duties.  He  shall  also  be 
allowed  the  necessary  traveling  expenses  incurred  in  the  discharge  of 
his  regular  duties  as  prescribed  in  this  chapter.  [Amendment  approved 
May  17,  1917;  Stats.  1917,  p.  634.] 

§  2322f.  Notice  of  arrival  of  imported  nursery  stock,  etc.  Any  per- 
son, persons,  firm  or  corporation,  who  shall  receive,  bring,  or  cause  to 
be  brought  into  any  county  or  locality  of  the  state  of  California  from 
another  county  or  locality  within  said  state  any  nursery  stock,  trees,, 
shrubs,  plants,  vines,  cuttings,  grafts,  scions,  buds,  or  fruit  pits,  or  fruit 
or  vegetables,  or  seed,  for  the  purpose  of  planting  or  propagating  the 
same,  or  any  or  all  such  shipments  of  nursery  stock,  trees,  shrubs,  plants, 
vines,  cuttings,  grafts,  scions,  buds,  or  fruit  pits,  or  fruit  or  vegetables, 
or  seed  or  containers  thereof  or  other  orchard  appliances,  which  the 
county  horticultural  commissioner  or  the  state  commissioner  of  horti- 
culture may  consider  liable  to  be  infested  or  infected  with  dangerous 
insect  pests  or  plant  diseases  or  noxious  weed  seeds  and  which  if  so 
infested  or  infected  would  constitute  a  dangerous  menace  to  the  orchards, 
farms  and  gardens  of  the  county  or  state,  shall  immediately  after  the 
arrival  thereof  notify  the  county  commissioner  of  horticulture,  his 
deputy,  or  nearest  insjiector  of  the  county  in  which  such  nursery  stock, 
or  fruit  or  vegetables,  or  seed,  are  received,  of  their  arrival,  and  hold 
the  same  without  unnecessarily  moving  or  pilacing  such  articles  where 
they  may  be  harmful,  for  immediate  inspection  by  such  county  commis- 
sioner of  horticulture,  his  deputy,  inspector,  or  deputy  quarantine  officer 
or  guardian.      [New  section  added  May   17,  1917;  Stats.  1917,  p.  635.] 

§2322g.  Marking  of  shipments.  Manifests.  Each  carload,  case, 
package,  crate,  bale,  or  bundle  of  trees,  shrubs,  plants,  vines,  cuttings, 
grafts,  scions,  buds,  fruit  pits,  or  fruit  or  vegetables,  or  seed,  imported 
or  brought  into  any  county  of  the  state  of  California  from  another 
county  within  said  state  for  planting  or  propagation  purposes,  shall  have 
plainly  and  legibly  marked  thereon  in  a  conspicuous  manner  and  place, 


§  2322h  POLITICAL  CODE.  270 

the  name  and  address  of  the  shipper,  owner  or  owners,  or  person  for- 
warding or  shipping  same,  and  also  the  name  of  the  person,  firm  or  cor- 
poration to  whom  the  same  is  forwarded  or  shipped,  or  his  or  its  respon- 
sible agents.  A  manifest  showing  the  contents  of  each  shipment,  also 
the  name  of  the  locality  where  the  contents  were  grown  and  a  statement 
of  the  contents  therein  shall  be  made  to  the  county  horticultural  com- 
missioner having  jurisdiction  at  the  point  of  destination  when  shipment 
is  made.     [New  section  added  May  17,  1917;  Stats.  1917,  p.  636.] 

§232211.  Infected  shipments  public  nuisance.  Shipment  disinfected. 
When  returned  or  d'estroyed.  When  disinfected.  When  any  shipment 
of  nursery  stock,  trees,  vines,  plants,  shrubs,  cuttings,  grafts,  scions, 
buds,  fruit  pits,  or  fruit  or  vegetables,  or  seed,  imported  or  brought  into 
any  county  or  locality  of  the  state  of  California  from  another  county 
or  locality  within  such  state,  is  found  to  be  infested  or  infected  with 
any  species  of  injurious  insects,  or  their  eggs,  larvae  or  pupae,  or  other 
animal  or  plant  diseases  or  noxious  weed  seeds  which  w'ould  cause  dam- 
age or  be  liable  to  cause  damage  to  the  orchards,  vineyards,  gardens  or 
farms  of  any  county  of  the  state  of  California,  all  material  in  shipment 
found  to  be  so  infested  or  infected  shall  be  deemed  a  public  nuisance, 
shall  be  refused  delivery,  and  shall  be  immediately  returned  to  the  point 
of  shipment  or  destroyed,  at  the  option  and  expense  of  the  owner  or 
owners,  or  his  or  their  responsible  agents.  The  remainder  of  such  ship- 
ment shall  be  disinfected  under  the  directions  of  the  county  horticul- 
tural commissioner  making  such  inspection  and  in  a  manner  as  provided 
•for  in  section  two  thousand  three  hundred  twenty-two  i  of  this  act; 
provided,  however,  that  when  any  shipment  of  nursery  stock,  trees, 
vines,  plants,  shrubs,  cuttings,  grafts,  scions,  buds,  fruit  pits,  or  fruit 
or  vegetables,  or  seed  or  their  containers  or  orchard  appliances  imported 
or  brought  into  any  county  or  locality  of  the  state  of  California  from 
another  county  or  locality  within  said  state,  is  found  to  be  infested  or 
infected  with  any  species  of  injurious  insects,  or  their  eggs,  larvae,  or 
pupae,  or  other  injurious  animal  or  plant  diseases  or  noxious  weed  seeds 
not  known  to  exist  in  the  county  or  locality  in  which  said  shipment  is 
delivered,  or  if  there  is  reasonable  cause  to  presume  it  may  be  so  in- 
fested or  infected  the  entire  shipment  shall  be  refused  admittance  and 
shall  be  immediately  returned  to  point  of  shipment  or  destroyed  at  the 
option  and  expense  of  the  owner  or  owners,  or  his  or  their  responsible 
agents;  provided,  further,  that  when  any  shipment  of  nursery  stock, 
trees,  vines,  plants,  shrubs,  cuttings,  grafts,  scions,  buds,  fruit  pits,  or 
fruit  or  vegetables,  or  seed,  imported  or  brought  into  any  county  or 
locality  of  the  state  of  California  from  another  county  or  locality  within 
said  state,  is  found  to  be  infested  or  infected  with  any  species  of  in- 
jurious insects  or  their  eggs,  larvae  or  pupae,  or  plant  diseases  or  noxious 
weed  seeds  which  are  of  common  occurrence  in  the  county  or  locality 
into  which  it  is  shipped  or  transported,  and  which  may  be  exterminated 
by  Buch  treatment  as  may  be  prescribed  in  section  two  thousand  three 
hundred  twenty-two  i  of  this  act  and  under  the  i/iirection  of  the  county 
horticultural  commissioner  of  the  county  in  which  it  is  received,  the 
same   may   bo   disinfected   or   cleaned  at  the   expense   of   the   owner   or 


271  POLITICAL  CODE.  §§  23221-2643 

owners  or  his  or  tteir  responsible  agents,  in  a  manner  satisfactory  to 
the  county  horticultural  commissioner  making  the  inspection,  and  after 
such  treatment  the  shipment  may  be  delivered  to  the  consignee.  Any 
and  every  provision  of  this  act  relating  to  shipment  or  transportation 
of  nursery  stock,  trees,  shrubs,  plants,  vines,  cuttings,  grafts,  scions, 
buds,  or  fruit  pits,  or  fruit,  or  vegetables,  or  seed  from  one  county  of 
the  state  of  California  to  another  county  of  said  state,  shall  apply 
equally  and  identically  to  such  shipment  or  transportation  of  such  arti- 
cles from  one  locality  to  another  locality  within  the  same  county  of  said 
state.     [New  section  added  May  17,  1917;  Stats.  1917,  p.  636.] 

§  23221.     Names  of  insects,  etc.,   promulgated.     Advice  on  treatment. 

The  state  commissioner  of  horticulture  is  hereby  empowered  and  directed 
from  time  to  time  to  ascertain  and  determine,  and  promulgate  the  names 
and  descriptions  of  insects,  animals  and  diseases  that  may  cause  injury 
to  orchards,  vineyards,  gardens,  fruit  or  nut  bearing  or  ornamental  trees, 
vines,  plants,  nursery  stock,  fruit,  nuts,  vegetables  or  seed,  and  to  ascer- 
tain, and  advise  the  proper  methods  of  treatment,  disposal  and  disinfec- 
tion of  nursery  stock,  trees,  vines,  plants,  fruit,  nuts,  vegetables  or  seed, 
and  the  containers  thereof  which  may  be  found  to  be  infested  or  in- 
fected with,  or  which  may  have  been  exposed  to  infection  or  infestation 
by  any  such  insect  or  its  eggs,  larvae  or  pupae,  or  any  such  animal  or 
plant  diseases.     [New  section  added  May  17,  1917;  Stats.  1917,  p.  637.] 

§  2322J.  Penalty.  Any  person,  persons,  firm  or  corporation  violating 
any  of  the  provisions  of  this  act  shall  be  guilty  of  a  misdemeanor  and 
shall  be  punished  by  imprisonment  in  the  county  jail  for  a  period  not 
exceeding  six  months  or  by  a  fine  not  exceeding  five  hundred  dollars, 
or  by  both  fine  and  imprisonment.  [New  section  added  May  17,  1917; 
Stats.  1917,  p.  638.] 

§  2643.  Powers  of  supervisors  over  roads.  [See  another  section  2643 
adopted  at  the  same  session  of  the  legislature,  post.]  The  boards  of 
supervisors  of  the  several  counties  of  the  state  shall  have  general  super- 
vision over  the  roads  within  their  respective  counties.  They  must  by- 
proper  order: 

1.  Survey,  etc.  Cause  to  be  surveyed,  viewed,  laid  out,  recorded, 
opened,  and  worked,  such  highways  as  are  necessary  to  public  con- 
venience as  in  this   chapter  provided. 

2.  Record  highways.  Cause  to  be  recorded  as  highways  all  highways 
which  have  become  such  by  usage,  dedication  or  abandonment  to  the 
public,  or  by  any  other  means  provided  by  law,  and  to  prepare  and 
record  proper  deeds  and  titles  thereto. 

3.  Abandonment  of  ways.  Abolish  or  abandon  such  as  are  not  neces- 
sary. 

4.  Right  of  way.  Acquire  the  right  of  way  over  private  property 
for  the  use  of  public  highways,  and  for  that  purpose  require  the  district 
attorney  to  institute  proceedings,  under  title   seven,  part  three,  of   the 


§  2643  POLITICAL   CODE.  272 

Code    of    Civil   Procedure,   and    to   pay    therefor    from   the    general    road 
fund  or  the  district  road  fund  of  the  county. 

5.  Boad  tax.     Levy   a  property   tax  for   road   purjio.ses. 

6.  Guide-posts.  Cause  to  be  erected  and  maintained  at  the  intersec- 
tions and  crossings   of  highways,  guide-jiosts,  properly  inseril)ed. 

7.  Apportionment  of  road  tax.  Cause  the  road  tax  collected  each 
year  to  be  apportioned  to  the  several  road  districts  entitled  thereto,  and 
kept  by  the  county  treasurer  in  separate  funds. 

S.  Audit  claims.  Audit  all  claims  on  the  funds  set  apart  for  highway 
purposes,  and  specify  the  fund,  or  funds,  from  which  the  whole  or  any 
part  of  any  claim,  or  claims,  must  be  paid. 

9.  Gates.  In  their  discretion,  they  may  provide  for  the  establish- 
ment of  gates  on  the  public  highways,  in  certain  cases,  to  avoid  the 
necessity  of  building  road  fences,  and  prescribe  rules  and  regulations 
for  closing  the  same,  and  penalties  for  violating  said  rules;  provided, 
that  the  exj^ense  for  the  erection  and  maintenance  of  such  gates  shall 
in  all  cases  be  borne  by  the  party  or  parties  for  wdiose  immediate  benefit 
the   same   shall  be   ordered. 

10.  Sprinkling.  Roads  may  be  paid  for  out  of  general  fund.  For  the 
purpose  of  sprinkling  the  roads  in  any  part  of  the  county  with  oil  or 
water,  the  board  of  supervisors  may  erect  and  maintain  waterworks  and 
oil  tanks  and  reservoirs,  and  for  such  purposes  may  purchase  or  lease 
real  or  personal  property.  The  costs  of  such  waterworks,  oil  tanks 
and  reservoirs  and  the  sprinkling  of  said  roads  with  oil  or  water  may 
be  charged  to  the  general  county  fund,  the  general  road  fund,  or  the 
district  fund  of  the  district  or  districts  benefited. 

Whenever  it  is  determined  by  a  four-fifths  vote  of  the  board  of  super- 
visors of  any  county  that  the  public  convenience  and  necessity  demand 
the  acquisition  or  construction  of  a  new  road  in  excess  of  three  miles 
in  length  or  the  grading,  regrading,  paving  or  macadamizing  of  any 
existing  road,  in  excess  of  three  miles  in  length,  and  that  the  cost  of 
such  new  road  when  acquired  and  constructed,  or  tlie  cost  of  grading, 
regrading,  paving  or  macadamizing  such  existing  road,  will  be  too  great 
1o  pay  out  of  any  of  the  road  funds  of  the  county,  the  board  of  super- 
visors may,  by  resolution  passed  by  a  four-fifths  vote  of  said  board, 
determine  to  acquire  or  construct  such  new  road,  or  grade,  or  regrade, 
jiave,  or  macadamize  such  existing  road,  and  if  the  cost  of  such  new 
road  when  constructed,  or  the  cost  of  grading,  regrading,  paving  or 
inacadamizing  such  existing  road,  when  completed,  shall  exceed  five 
tliousand  dollars,  such  cost  may  be  charged  to  the  general  county  fund, 
the  general  yoml  fund  or  the  <lis1ric1  rmid  of  the  district  or  districts 
benefited. 

1 1 .  Surveyor  to  submit  estimates.  Advertising  for  bids.  Form  of 
advertisement.  Posting  of  advertisement.  Contractor  to  pay  surveyor. 
Work  costing  over  five  hundred  dollars.  Whenever  it  shall  be  deter- 
inined  tliat  any  giading,  graveling,  macadamizing,  ditching,  sprinkling, 
or  otiier  work   npon  highways  is  necessary,  and  is  to  lie  done,  and  where 


27:3  POLITICAL  CODE.  §  2643 

the  estimated  cost  of  such  work  aniounts  to  cue  tliousaiid  dollars,  tiie 
board  of  supervisors  must,  by  proper  order,  direct  the  county  surveyor 
to  make  definite  surveys  of  the  proposed  work,  and  to  prepare  profiles 
and  cross-sections  thereof,  and  to  submit  the  same  with  the  estimate 
of  the  amount  or  amounts  of  work  to  ])e  done,  and  cost  thereof,  and 
with  specifications  thereof.  Said  report  shall  be  prepared  in  duplicate, 
one  copy  to  be  filed  in  tiie  .surveyor's  office,  and  the  other  to  be  filed 
with  the   clerk  of  the  board  of  supervisors. 

The  board  upon  receipt  of  such  report  must  advertise  for  bids  for 
the  performance  of  the  work  specified.  Such  advertisement  for  bids 
nuist  be  published  for  two  weeks  in  two  newspapers,  one  published  at 
the  county  seat  and  the  other  at  a  point  nearest  the  pro[)osed  work. 

Such  advertisement  must  be  in  the  following  form: 

"Office  of  the  clerk  of  the  board  of  supervisors, 

county,  — — ,  19 — . 

Sealed  bids  will  be  received  by  the  clerk  of  the  board  of  supervisors 

of  county,  at  his  office,  until  o'clock  —  M.,  ,  — ,  191 — , 

for  ,  on  ,  in  district,  in county. 

Specifications  for  this  work  are  on  file  in  the  office  of  the  saiiT  l)oard, 
to  which   bidders   are  hereby  referred. 

Clerk  of  the  board   of  supervisors  of  the   county  of  ." 

And  such  advertisement  must  also  be  posted,  for  at  least  two  weeks 
prior  to  the  opening  of  the  bids  for  the  proposed  work,  in  three  con- 
spicuous places  in  the  district  or  districts  in  which  the  proposed  work 
lies,  and  one  at  the  site  of  the  proposed  work.  Bids  must  be  inclosed 
in  sealed  envelope,   addressed  to  the  clerk  of  the  board  of  supervisors, 

and  must  be  indorsed,  "Bids   for  ,"   and  must  be   delivered  to   said 

clerk  prior  to  the  hour  specified  in  the  advertisement.  The  board  shall 
publicly  open  and  read  such  bids  as  may  be  submitted,  and  must  award 
the  contract  for  the  work  to  the  lowest  bidder;  unless  it  shall  appear 
to  the  board  that  the  bids  are  too  high,  and  the  work  can  be  done 
more  cheaply  by  day  labor,  in  which  case  the  bids  must  be  rejected, 
and  the  work  ordered  done  by  the  road  commissioner,  or  commissioners, 
in  whose  district  or  districts  the  work  may  be  situated.  In  ease  the 
work  shall  be  let  by  contract,  monthly  or  quarterly  payments  may  be 
made  thereon  upon  the  receipt  of  a  certified  estimate  by  the  county 
surveyor  of  the  amount  of  work  done  during  the  preceding  month  or 
quarter,  to  the  extent  of  seventy-five  per  cent  of  the  value  of  said 
work,  the  remaining  twentj'-five  per  cent  being  due  on  the  completion 
of  the  work. 

The  services  of  the  surveyor  in  making  such  partial  estimates  must 
be  paid  for  by  the  contractor.  Upon  the  completion  of  the  work,  the 
county  surveyor  must  examine  the  same,  and  if  completed  in  accord- 
ance with  the  specifications  thereof,  he  must  submit  to  the  board  of 
supervisors  a  certificate  over  his  signature  and  official  seal  to  the  effect 
that  such  work  by  the  contractor  therefor,  has  been  completed  in  accord- 
ance with  the  specifications  therefor,  and  recommending  its  acceptance. 
IS 


§  2643  POLITICAL   CODE.  274 

The  board  shall  thereupon  audit   the   same   and   direct  its   payment   out 
of  the  proper  fund  or  funds. 

Whenever  the  estimated  cost  of  such  grading,  graveling,  macadamiz- 
ing, ditching,  sprinkling,  or  other  work  exceeds  five  hundred  dollars  and 
is  less  than  one  thousand  dollars,  the  board  of  supervisors  must  cause 
the  same  to  be  performed  by  contract  awarded  to  the  lowest  bidder, 
in  the  same  manner  as  where  the  estimated  cost  amounts  to  one  thou- 
sand dollars,  unless  such  board  shall  by  resolution  passed  by  a  four- 
fifths  vote,  determine  that  it  is  to  the  public  advantage  and  convenience 
not  to  do  such  work  by  contract;  in  which  event,  such  work  shall  be 
done  by  day  labor  under  the  supervision  of  the  county  surveyor  and 
the  supervisors   of  the   district  wherein  the  work  is  done. 

12.  Side  paths.  In  their  discretion,  they  may  set  apart  on  any  public 
road  or  highway  a  strip  of  land  for  a  side  path,  and  make  an  order 
designating  the  width  of  such  path  and  cause  the  lines  separating  the 
path  from  the  road  to  be  located  and  marked  by  stakes  or  posts,  placed 
at  such  distances  apart  as  they  shall  deem  proper.  After  said  paths 
have  been  set  apart,  and  the  lines  separating  the  same  from  the  road 
have  been  located  and  marked,  as  aforesaid,  the  use  of  the  same  is 
hereby  restricted  to  pedestrians  and  riders  of  bicycles  and  other  vehicles 
propelled  solely  by  the  power  of  the  rider. 

Expense  of  erecting  and  maintaining  such  path  may  be  charged  to 
the  general  county  fund,  the  general  road  fund,  and  the  district  fund 
of  the  district  or  districts  benefited.  [Amendment  approved  April  25, 
1917;   Stats.  1917,  p.  196.] 

§  2643.  Power  of  boards  of  supervisors  over  roads.  [See  another  sec- 
tion 2643  adopted  at  the  same  session  of  the  legislature,  ante.]  The 
boards  of  supervisors  of  the  several  counties  of  the  state  shall  have 
general  supervision  over  the  roads  within  their  respective  counties. 
They  must  by  proper  order: 

1.  Cause  to  be  surveyed,  viewed,  laid  out,  recorded,  opened,  and 
worked,  such  highways  as  are  necessary  to  public  convenience,  as  in 
this  chapter  provided. 

2.  Cause  to  be  recorded  as  highways  all  highways  which  have  become 
such  by  usage,  dedication  or  abandonment  to  the  public,  or  by  any  other 
means  provided  by  law,  and  to  prepare  and  record  proper  deeds  and 
titles  thereto. 

3.  Abolish  or  abandon  such  as  arc  not  necessary. 

4.  Acquire  the  right  of  way  over  private  property  for  the  use  of  public 
highways,  and  for  that  purpose  require  the  district  attorney  to  institute 
proceedings,  under  title  seven,  part  three,  of  the  Code  of  Civil  Procedure, 
and  to  pay  therefor  from  the  general  road  fund  or  the  district  road  fund 
of  the  county. 

5.  Levy  a  property  tax  for  road  purposes. 

6.  Cause  to  be  erected  and  maintained,  at  the  intersections  and  cross- 
ings of  higliways,  guide-posts,  properly  inscribed. 

7.  Cause  the  road  tax  collected  each  year  to  bo  apportioned  to  the 
several  road  districts  entitled  thereto,  and  kept  by  the  county  treasurer 
in  separate  funds. 


275  POLITICAL   CODE.  §  2643 

S.  Audit  all  claims  on  the  funds  set  apart  for  highway  purposes,  and 
specify  the  fund,  or  funds,  from  which  the  whole  or  any  part  of  any 
claim,  or  claims,  must  be  paid. 

9.  In  their  discretion,  they  may  provide  for  the  establishment  of  gates 
on  the  public  highways,  in  certain  cases,  to  avoid  the  necessity  of  build- 
ing road  fences,  and  prescribe  rules  and  regulations  for  closing  the  same, 
and  penalties  for  violating  said  rules;  provided,  that  the  expense  for 
the  erection  and  maintenance  of  such  gates  shall  in  all  cases  be  borne  by 
the  party  or  parties  for  whose  immediate  benefit  the  same  shall  be 
ordered. 

10.  For  the  purpose  of  sprinkling  the  roads  in  any  part  of  the  county 
with  oil  or  water,  the  board  of  supervisors  may  erect  and  maintain 
waterworks  and  oil  tanks  and  reservoirs,  and  for  such  purposes  may 
purchase  or  lease  real  or  personal  property.  The  costs  of  such  water- 
works, oil  tanks  and  reservoirs  and  the  sprinkling  of  said  roads  with 
oil  or  water  may  be  charged  to  the  general  county  fund,  the  general 
road  fund,  or  the  district  fund  of  the  district  or  districts  benefited. 

Whenever  it  is  determined  by  a  four-fifths  vote  of  the  board  of 
supervisors  of  any  county  that  the  public  convenience  and  necessity  de- 
mand the  acquisition  or  construction  of  a  new  road  in  excess  of  three 
miles  in  length  or  the  grading,  regrading,  paving  or  macadamizing  of  any 
existing  road,  in  excess  of  three  miles  in  length,  and  that  the  cost  of  such 
new  road  when  acquired  and  constructed,  or  the  cost  of  grading,  re- 
grading,  paving  or  macadamizing  such  existing  road,  will  be  too  great 
to  pay  out  of  any  of  the  road  funds  of  the  county,  the  board  of  super- 
visors may,  by  resolution  passed  by  a  four-fifths  vote  of  said  board, 
determine  to  acquire  or  construct  such  new  road,  or  grade,  or  regrade, 
pave,  or  macadamize  such  existing  road,  and  if  the  cost  of  such  new 
road  when  constructed,  or  the  cost  of  grading,  regrading,  paving  or 
macadamizing  such  existing  road,  when  completed,  shall  exceed  three 
thoiisand  dollars,  such  cost  may  be  charged  to  the  general  county  fund, 
the  general  road  fund  or  the  district  fund  o"f  the  district  or  districts 
benefited. 

11.  Whenever  it  shall  be  determined  that  any  grading,  graveling, 
macadamizing,  ditching,  sprinkling,  or  other  work  upon  highways  is 
necessary,  and  is  to  be  done,  and  where  the  estimated  cost  of  such  work 
amounts  to  one  thousand  dollars,  the  board  of  supervisors  must,  by 
proper  order,  direct  the  county  surveyor  to  make  definite  surveys  of  the 
proposed  work,  and  to  prepare  profiles  and  cross-sections  thereof,  and 
to  submit  the  same  with  the  estimate  of  the  amount  or  amounts  of  work 
to  be  done,  and  cost  thereof,  and  with  specifications  thereof.  Said  report 
shall  be  prepared  in  duplicate,  one  copy  to  be  filed  in  the  surveyor's 
office,  and  the  other  to  be  filed  with  the  clerk  of  the  board  of  supervisors. 
The  board  upon  receipt  of  such  report  must  advertise  for  bids  for  the 
performance  of  the  work  specified.  Such  advertisement  for  bids  must 
be  published  prior  to  the  day  fixed  for  the  opening  of  bids,  for  at  least 
once  a  week  for  a  period  of  two  weeks  in  a  newspaper  of  general  circula- 
tion printed  and  published  in  said  county. 


§  2643  POLITICAL   CODE.  27G 

Such  advertisemeut  shall  be  iu  substantially  the  following  form: 
Office  of  the  clerk  of  the  board  of  supervisors. 

county,  ,  19 — . 

Sealed  bids  will  be  received  by  the  clerk  of  the  board  of  supervisors 

of  county,  at  his  office,  until  o'clock  —  M., 19 — , 

for ,  on ,  in  district,  in  county. 

Specifications  for  this  work  arc  on  file  in  the  office  of  the  said  board, 
to  which  bidders  are  hereby  referred. 

Clerk  of  the  board  of  supervisors  of  the  county  of  . 

Bids  must  be  inclosed  in   sealed   envelope,   addressed  to  the   clerk  of 

the   board   of   supervisors,^  and   must  be   indorsed,   "Bids  for  ,"   and 

n:ust  be  delivered  to  said  clerk  prior  to  the  hour  specified  in  the  adver- 
tisement. The  board  shall  publicly  open  and  read  such  bids  as  may  be 
submitted,  and  must  award  the  contract  for  the  work  to  the  lowest  bid- 
der; unless  it  shall  appear  to  the  board  that  the  bids  are  too  high,  and 
the  work  can  be  done  more  cheaply  by  day  labor,  in  which  case  the  bids 
must  be  rejected,  and  the  work  ordered  done  by  the  road  commissioner, 
or  commissioners,  in  whose  district  or  districts  the  work  may  be  situated. 
In  case  the  work  shall  be  let  by  contract,  monthly  or  quarterly  payments 
may  be  made  thereon  upon  the  receipt  of  a  certified  estimate  by  the 
county  surveyor  of  the  amount  of  work  done  during  the  preceding  month 
or  quarter,  to  the  extent  of  seventy-five  per  cent  of  the  value  of  said 
work,  the  remaining  twenty-five  per  cent  being  due  on  the  completion 
of  the  work.  Upon  the  completion  of  the  work,  the  county  surveyor 
must  examine  the  same,  and  if  completed  in  accordance  with  the  specifi- 
cations thereof,  he  must  submit  to  the  board  of  supervisors  a  certificate 
over  his  signature  and  official  seal  to  the  effect  that  such  work  by  the 
contractor  therefor,  has  been  completed  in  accordance  with  the  specifi- 
cations therefor,  and  recommending  its  acceptance.  The  board  shall 
thereupon  audit  the  same  and  direct  its  payment  out  of  the  proper  fund 
or  funds. 

Whenever  the  estimated  cost  of  such  grading,  graveling,  macadamiz- 
ing, ditching,  sprinkling,  or  other  work  exceeds  five  hundred  dollars  and 
is  less  than  one  thousand  dollars,  the  board  of  supervisors  must  cause 
the  same  to  be  performed  by  contract  awarded  to  the  lowest  bidder,  in 
tlie  same  manner  as  where  the  estimated  cost  amounts  to  one  thousand 
dollars,  unless  such  board  shall  by  resolution  passed  by  a  four-fifths  vote, 
determine  that  it  is  to  the  public  advantage  and  convenience  not  to  do 
such  work  by  contract,  in  which  event,  such  work  shall  be  done  by  day 
labor  under  the  supervision  of  the  county  surveyor  and  the  supervisors 
of  the  district  wherein  the  work  is  done. 

12.  In  their  discretion,  they  may  set  apart  on  any  public  road  or  high- 
way a  strip  of  land  (for  a  side  path),  and  make  an  order  designating 
Ihc  width  of  such  path  and  cause  the  lines  separating  the  path  from  the 
load  to  be  located  and  marked  by  stakes  or  posts,  placed  at  such  dis- 
tances apart  as  they  shall  deem  proper.  After  said  paths  have  been 
set  apart,  and  the  lines  separating  the  same  from  the  road  have  been 
located   and    marked,   as   aforesaid,   the  use   of   the   same  is  hereby   re- 


277  POLITICAL  CODE.  §§  2646-2745 

strictcd  to  pedestrians  and  riders  of  bicycles  and  other  vehicles  pro- 
pelled solely  by  the  power  of  the  rider.  Expense  of  erecting  and  main- 
taining such  path  may  be  charged  to  the  general  county  fund,  the 
general  road  fund,  and  the  district  fund  of  the  district  or  districts  bene- 
fited.    [Amendment  approved  May  26,  1917;  Stats.  1917,  p.  1208.] 

§2646.  Highways  in  charge  of  supervisors.  Whenever  any  of  the 
highways  of  a  county  have  been  constructed  or  improved  under  tlie  pro- 
visions of  an  act  entitled  "An  act  providing  for  the  laying  out,  con- 
structing, straightening,  improvement  and  repair  of  main  public  high- 
ways in  any  county,  providing  for  the  voting,  issuing  and  selling  of 
county  bonds  and  the  acceptance  of  donations  to  pay  for  such  work  and 
improvements,  providing  for  a  highway  commission  to  have  charge  of 
such  work  and  improvements,  and  authorizing  cities  and  towns  to  im- 
prove the  portions  of  such  highways  within  their  corporate  limits  and 
to  issue  and  sell  bonds  therefor,"  approved  March  19,  1907,  and  all  acts 
amendatory  thereof  or  supplementary  thereto,  the  board  of  supervisors 
of  said  county  shall  have  the  charge  of  the  maintenance  and  repair  of 
said  highways  and  may  employ  a  superintendent  or  inspector  to  have 
charge  of  the  repairing  and  maintenance  of  all  of  said  roads  under  the 
orders  and  direction  of  said  board,  and  may  employ  such  workmen  and 
purchase  such  materials,  equipments,  tools  and  appliances  as  may  be 
necessary  to  maintain  said  roads  and  keep  them  in  repair,  the  cost  of 
such  maintenance  and  repair  to  be  paid  out  of  the  general  fund  of  the 
county.  Nothing  herein  contained  shall  prevent  the  board  from  having 
any  such  work  of  repair  or  maintenance  done  by  contract  under  the  pro- 
visions of  section  two  thousand  six  hundred  forty-three,  if  they  deem  it 
advisable.  At  the  option  of  the  board  of  supervisors,  expressed  by  reso- 
lution, the  provisions  of  this  section  shall  apply  to  such  highways  of  the 
county  as  may  be  specified  in  such  resolution,  constructed  or  improved 
under  the  provisions  of  subdivision  ten  of  section  two  thousand  six 
hundred  forty-three  of  the  Political  Code,  and  paid  for  out  of  the  general 
fund  of  said  countv.  [Amendment  approved  April  16,  1917;  Stats.  1917, 
p.  137.] 

§  2697.  Petition  to  abandon  highways.  Any  ten  freeholders,  two  of 
whom  must  be  residents  of  the  road  district  in  which  some  part  of  the 
property  affected  is  situated,  and  who  are  taxable  therein  for  road  pur- 
poses, may  petition  the  board  of  supervisors  in  writing  to  vacate,  dis- 
continue, abandon  and  abolish  any  public  highway,  road,  street,  avenue, 
alley,  lane  or  place,  or  any  part  of  any  such  road,  street,  avenue,  alley, 
lane  or  place.    ^Amendment  approved  March  23,  1917;  Stats.  1917,  p.  24.] 

§2745.     Municipal  corporation  may  be  included  in  road  division.     Any 

portion  of  a  county  not  contained  in  a  permanent  road  division  may  be 
formed  into  a  permanent  road  division  under  the  provision  of  this  act, 
and  when  so  formed  shall  ha.ve  the  powers  herein  enumerated  and  such 
as  may  hereafter  be  conferred  thereon  by  law;  provided,  that  a  munici- 
pal corporation  for  the  purpose  of  this  act  shall  not  be  considered  a 
permanent  road  division  and  may  be  included  therein.  [Amendment 
approved  April  19,  1917;  Stats.  19*17,  p.  144.] 


§§  2979a-2984:  political  code.  278 

§  2979a.  Duties  of  coroner  regarding  contagious  diseases.  Duties  of 
physician.  Duties  of  state  board  of  health.  It  is  the  duty  of  each 
coroner,  and  of  every  county,  city  and  county,  city  or  town  health  offi- 
cer, knowing  or  having  reason  to  believe,  that  any  case  of  cholera, 
plague,  yellow  fever,  malaria,  leprosy,  diphtheria,  scarlet  fever,  small- 
pox, typhus  fever,  typhoid  fever,  paratyphoid  fever,  anthrax,  glanders, 
epidemic  cerebrospinal  meningitis,  tuberculosis,  pneumonia,  dysentery, 
erj'sipelas,  uncinariasis  or  hookworm,  trachoma,  dengue,  tetanus,  measles, 
German  measles,  chiekenpox,  whooping  cough,  mumps,  pellagra,  beri- 
beri, Kocky  Mountain  spotted  (or  tick)  fever,  syphilis,  gonococeus  in- 
fection, rabies,  poliomyelitis,  or  any  other  contagious  or  infectious  dis- 
ease exists,  or  has  recently  existed,  within  the  city,  county,  city  and 
county,  town,  or  township  of  w-hich  he  is  such  officer,  to  take  such  meas- 
ures as  may  be  necessary  to  prevent  the  spread  of  such  disease,  and  to 
report  at  once  in  writing  such  cases  to  the  secretary  of  the  state  board 
of  health  at  Sacramento. 

It  is  also  the  duty  of  every  attending  or  consulting  physician,  nurse, 
or  other  person  having  charge  of  or  caring  for  any  person  afflicted  with 
any  of  said  contagious  diseases,  to  report  at  once  in  writing  to  the  local 
health  officer  the  nature  of  the  disease,  the  name  of  the  person  afflicted 
and  the  place  of  his  or  her  confinement;  provided,  however,  that  syphilis 
and  gonococeus  infection  shall  be  reported  by  office  number  only;  pro- 
vided, further,  that  official  records  of  tuberculosis  cases  shall  be  for 
official  use  only  and  not  open  to  private  inspection. 

The  state  board  of  health,  or  its  secretary,  upon  being  informed  of 
any  such  contagious  or  infectious  disease,  may  thereupon  take  such 
measures  as  may  be  necessary  to  ascertain  the  nature  of  such  disease 
and  prevent  the  spread  of  such  contagion,  and  to  that  end,  said  state 
board  of  health,  or  its  secretary,  may,  if  deemed  proper,  take  posses- 
sion or  control  of  the  body  of  any  living  person,  or  the  corpse  of  any 
deceased  person,  and  may  direct  and  take  such  means  as  may  be  deemed 
expedient  to  arrest  or  prevent  the  further  spread  of  such  disease. 
[Amendment  approved  April  24,  1917;  Stats.  1917,  p.  171.] 

§2984.  Rules  of  state  board  of  health:  duty  of  local  officers.  Reports 
to  state  board.  Registration  of  deaths,  enforcement  of  act  for.  It  shall 
lie  the  duty  of  the  health  officer  of  each  mimicipality  and  iiicurpiiratod 
town  within  this  state  to  enforce  within  siicii  municipalily  nnd  incorpo- 
rated town  all  orders,  rules,  and  regulations  concerning  health  and  quar- 
antine, and  the  registration,  certification,  and  reporting  of  births,  mar- 
riages and  deaths  as  prescribed  or  directed  by  the  state  board  of  health, 
and  it  shall  be  the  duty  of  such  health  officer  to  report  in  writing  to 
the  state  board  of  health  at  such  times  as  said  board  shall  require,  all 
infectious,  contagious  and  communicable  diseases  in  man  or  beast  which 
shall  come  to  his  knowledge,  upon  blanks  furnished  by  the  state  board 
of  health.  Said  health  officer,  in  cases  of  local  epidemic  of  disease  shall 
rt'port  to  the  state  board  of  health  all  facts  concerning  the  disease  and 
thf!  measures  taken  to  prevent  or  abate  its  spread,  infection,  or  con- 
tagion. lOvcry  .such  health  ofTiccr  shall  strictly  observe  and  enforce 
witliin    such    municipality    or   incorporated    town    the   provisions    of    ••,\n 


279  POLITICAL  CODE.        §§  3061, 3062 

act  for  the  registration  of  deaths,  the  issuance  and  registration  of  burial 
and  disinterment  permits  and  the  establishment  of  registration  districts 
in  counties,  cities  and  counties,  cities  and  incorporated  towns,  under  the 
superintendence  of  the  state  bureau  of  vital  statistics  and  prescribing 
the  powers  and  duties  of  registrars,  coroners,  physicians,  undertakers, 
sextons  and  other  persons  in  relation  to  such  registration  and  fixing 
penalties  for  the  violation  of  this  act,"  approved  March  18,  1905,  and 
also  the  provisions  of  chapter  three  of  title  seven  of  part  three  (sections 
three  thousand  seventy-four  to  three  thousand  eighty-four)  of  the  Politi- 
cal Code  of  the  state  of  California  relating  to  the  registration,  certifi- 
cation and  reporting  of  marriages,  births,  and  deaths,  and  shall  promptly 
report  to  the  state  board  of  health  all  violations  of  the  state  health 
laws  and  of  the  law  relating  to  the  registration,  certification  and  report- 
ing of  marriages,  births  and  deaths  which  shall  come  to  his  knowledge. 
[Amendment  approved  April  24,  1917;   Stats.   1917,   p.   172.] 

§  3061.  Health  officer  appointed.  Duties.  The  board  of  trustees, 
council  or  other  legislative  body,  by  whatever  name  known,  of  any 
incorporated  citj^  or  town  of  this  state,  shall  by  ordinance  adopt  for  the 
regulation  of  sanitary  matters  within  the  city  or  town,  such  rules  apd 
regulations  relative  thereto  as  are  necessary  and  proper,  and  not  con- 
trary to  law,  and  shall  supervise  all  matters  pertaining  to  the  sanitary 
condition  of  the  city  or  town;  provided,  that  no  part  of  this  section 
shall  be  construed  to  prevent  the  appointment  by  the  board  or  council 
or  other  legislative  body  of  a  board  of  health  which  shall  be  advisory 
to  the  health  officer. 

Every  such  board  or  council  or  other  legislative  body  shall  appoint 
a  health  officer  who  shall  receive  for  his  services  such  compensation  as 
may  be  determined  by  said  appointing  body  and  shall  hold  office  at  its 
pleasure.  Immediately  after  the  appointment  of  the  health  officer  the 
board  or  council  shall  notify  the  secretary  of  the  state  board  of  health 
of  the  appointment   and  the  name   and  address   of  the   appointee. 

Each  health  officer  of  an  incorporated  city  or  town  must: 

First- — Enforce    and    observe — 

(a)  All  orders  and  ordinances  of  the  board  of  trustees  or  council 
of  his   city  or  town   pertaining  to  health   and   sanitary   matters. 

(b)  All  orders,  quarantine  regulations  and  rules  prescribed  by  the 
state  board  of  health. 

(c)  All  statutes  relating  to  the  public  health  and  to  vital  statistics. 
Second — Eeport    to    the    secretary    of    the    state    board    of    health    at 

Sacramento  at  such  times  as  the  state  board  may  require: 

(a)  The  sanitary  condition   of  his  locality. 

(b)  The  number  of  deaths,  with  the  cause  of  each,  as  near  as  can 
be    ascertained,    within   its   jurisdiction    during   the    preceding   month. 

(c)  The  presence  of  epidemic  or  other  dangerous,  contagious,  or  in- 
fectious diseases  and  such  other  matters  within  his  knowledge  or  juris- 
diction as  the  state  board  may  require.  [Amendment  approved  April  24, 
1917;   Stats.  1917,  p.   171.] 

§  3062.  Supervisors  may  appoint  health  officer  in  lieu  of  board.  [Re- 
pealed by  act  approved  April  19,  1917;  Stats.  1917,  p.  144.] 


§§  3064-3366  POLITIC Ai.  code.  280 

§  3064.  Failure  to  provide  health  officer.  The  board  of  supervisors 
must  fix  the  salary  or  compensation  of  health  officers,  and  provide 
tor  the  expenses  of  enforcing  the  provisions  of  this  article.  If  the 
board  of  supervisors  or  board  of  trustees,  council,  or  other  correspond- 
ing board  of  any  incorporated  town,  neglects  to  provide  a  health  officer 
by  the  first  day  of  July,  eighteen  hundred  and  eighty-seven,  the  state 
board  of  health  may  direct  the  district  attorney  of  the  county  to  begin 
an  action  against  such  board  of  supervisors,  or  board  of  trustees,  or 
corresponding  board,  to  compel  the  performance  of  their  duty,  or  may 
appoint  a  health  officer  for  such  town  or  city,  and  the  expenses  of  such 
health  officer  shall  be  a  charge  against  the  incorporated  city  or  town 
for  which  such  appointment  shall  be  made;  and  when  the  appointment 
is  made  for  unincorporated  towns,  the  expenses  of  the  health  officer 
are  a  charge  against  the  county.  [Amendment  approved  April  24,  1917; 
Htats.  1917,  p.  173.]  "      , 

§  3C74.  Bureau  of  vital  statistics.  Duty  of  state  registrar.  The  state 
lioard  of  health  shall  maintain,  at  the- city  of  Sacramento,  a  bureau  of 
vital  statistics  for  the  complete  and  proper  registration  of  births,  mar- 
riages and  deaths,  for  legal,  sanitary  and  statistical  purposes,  which 
bureau  shall  be  under  the  supervision  of  the  state  registrar  of  vital 
statistics.  The  duty  of  the  state  registrar  of  vital  statistics  shall  be 
to  promulgate  and  enforce  all  rules  and  regulations  required  to  carry 
out  the  provisions  of  this  chapter  and  that  may  be  adopted  from  time 
to  time  by  the  state  board  of  health.  [Amendment  approved  April  5, 
1917;    Stats.   1917,  p.   41.] 

§  3075.  Employees  of  state  board  of  health.  There  shall  be  a  clerk 
of  the  state  board  of  health  who  shall  receive  an  annual  salary  of  one 
thousand  six  hundred  dollars,  such  salary  to  be  paid  in  the  same  manner 
and  at  the  same  time  as  salaries  of  state  officers.  The  state  board  of 
health  may  employ  and  fix  the  compensation  of  other  additional  clerical 
and  professional  assistants,  but  such  compensation  shall  be  paid  from 
its  fund  for  contingent  expenses  provided  for  in  the  general  appro- 
pi  iation  act.      [Amendment  approved  May  14,  1917;  Stats.  1917,    p.  436.] 

§3366.  Power  to  impose  business  license  tax.  Boards  of  supervisors 
of  the  counties  of  the  state,  and  the  legislative  bodies  of  the  incor- 
porated cities  and  towns  therein,  shall,  in  the  exercise  of  their  police 
jiowers,  and  for  the  purpose  of  regulation,  as  herein  provided,  and  not 
otlierwise,  have  power  to  license  all  and  every  kind  of  business  not 
jHohibited  by  law,  and  transacted  and  carried  on  within  the  limits  of 
their  respective  jurisdictions,  and  all  shows,  exhibitions  and  lawful 
games  carried  on  therein,  to  fix  the  rates  of  license  tax  upon  the  same, 
and  to  provide  for  the  collection  of  the  same  by  suit  or  otherwise;  pro- 
vided, that  every  lionorably  discharged  soldier,  sailor,  or  marine  of  the 
United  States  or  confederate  states  who  has  served  in  the  Civil  War, 
any  Indian  War,  tlie  Spaiiisli-A  iiierican  War,  any  Philippine  insurrection 
or  in  1lii-  Miiiii'sc  relief  cxpcdii  ion,  wlio  is  physically  unable  to  obtain 
a  liveiiliood  l)y  niiinn;il  lalior,  .-iinl  who  slinll  be  a  qualified  elector  of 
tlio  state  of  ('alifonii:i.  sli;ill  hiixc  the  li^lit  to  ilistril)ute  circulars,  and 
t(»  hawk,  |ic(ldle.  ami  \(nd  any  goods,  wares  or  merchandise,  except  spirit- 


281  POLITICAL  CODE.  §§  3446-34.49 

uoiis,  mal.t,  vinous  or  other  intoxicating  liquor,  without  payment  of  any 
license  tax  or  fee  whatsoever,  whether  municipal,  county  or  state,  and 
the  board  of  supervisors  or  legislative  body  shall  issue  to  such  soldier, 
sailor  or  marine,  without  cost,  a  license  therefor;  provided,  however, 
no  license  can  be  collected  or  any  penalty  for  the  nonpayment  thereof 
enforced  against  any  commercial  traveler  whose  business  is  limited  to 
the  goods,  wares,  and  merchandise  sold  or  dealt  in  in  this  state  at  whole- 
sale. 

§2.  Construction  of.  This  act  shall  not  be  deemed  to  repeal  any 
act  vesting  iiuuii('i[ial  corporations  with  power  to  license  for  revenue 
jiurposes.      [AmendmeTit  approved  May  5,  1917;  Stats.  1917,  p.  279.] 

§  3J:46.  Petition  for  formation  of  reclamation  district.  Whenever 
the  holders  of  title  or  evidence  of  title  representing  one-half  or  more  of 
any  body  of  swamp  and  overflowed,  salt  marsh,  or  tidedands,  or  other 
lands  subject  to  flood  or  overflow,  susceptible  of  one  mode  of  reclama- 
tion, desire  to  reclaim  the  same,  they  may  present  to  the  board  of  super- 
visors of  the  county  in  which  the  lands,  or  the  greater  part  thereof  are 
situated,  at  a  regular  meeting  of  the  board,  a  petition  setting  forth  that 
they  propose  to  form  a  district  for  the  reclamation  of  the  same.  Said 
jietition   must    also   set   forth   the   following: 

(1)  A   description   of  the   exterior  boundaris   of   the    proposed   district. 

(2)  The  total  numlier  of  acres  situate  within  the  said  exterior  bound- 
aries. 

(3)  The  names  of  each  and  every  owner  of  record  of  real  jirojierty 
situate   within    the    said    exterior   boundaries. 

(4)  The  county  or  counties  within  which  said  proposed  district  lies, 
and  if  in  more  than  one  county,  the  number  of  acres  of  said  district 
in  each  count}'.  [Amendment  approved  May  26,  1917;  Stats.  1917, 
p.   1191.] 

§  3447.  Verification  and  publication.  The  petition  must  be  verified 
by  the  affidavit  of  one  of  the  petitioners,  and  must  be  published  for 
two  weeks  preceding  the  hearing  thereof  in  some  newspaper  of  general 
circulation  published  in  the  county  in  which  the  greater  part  of  the 
lands  are  situated,  together  with  a  notice  of  the  time  when  said  petition 
will  be  presented  to  the  board  of  supervisors;  an  affidavit  of  publica- 
tion must  be  filed  with  such  petition.  [Amendment  approved  May  26, 
1917;    Stats.   1917,   p.   1191.] 

§3449.  Hearing.  Petition  approved.  If  the  board  of  supervisors  find, 
on  the  hearing  of  the  jietition,  that  its  statements  are  correct,  they  must 
make  an  order  approving  the  same.  If  it  is  shown  that  any  land  has 
been  improperly  included  in  the  proposed  district,  they  must,  in  their 
order,  exclude  the  same  therefrom.  If  the  board  shall  conclude  that  any 
lands  susceptible  of  the  same  mode  of  reclamation  have  been  improperly 
omitted  from  the  proposed  district,  and  the  owners  thereof  shall  not 
have  appeared  at  such  hearing,  the  board  of  supervisors  shall  by  order 
continue  the  further  hearing  of  the  said  petition,  and  direct  that  notice 
shall  be  given  to  all  such  nonappearing  landowners,  requiring  them  to 
appear  before  said  board,  and  show  cause,  if  any  they  have,  why  their 
lands  should  not  be  included  in  the  proposed  district.     Said  notice  must 


§§  3452, 3453        political  code.  282 

be  given  either  by  publication  in  the  same  manner  as  the  original  peti- 
tion and  for  the  same  period  or  by  personal  service  thereon  of  each 
such  nonappearing  land  owner.  If  such  notice  be  given  by  personal  ser- 
vice, such  service  must  be  made  at  least  three  days  prior  to  the  date 
fixed  for  said  further  hearing. .  Proof  of  publication  of  the  said  notice 
or  of  any  such  personal  service  shall  be  filed  with  the  clerk  of  said 
board  on  or  before  the  day  to  which  such  continuance  is  had. 

The  board  may  grant  further  continuances,  by  order  entered  upon  its 
minutes  to  the  end  that  a  full  hearing  may  be  had.  Upon  the  final 
hearing  of  said  matter  the  board  shall  make  an  order  approving  the  said 
petition,  as  originally  presented,  or  in  a  modified  form.  Such  order 
shall  describe  the  exterior  boundaries  of  the  district,  as  determined  by 
the  board,  and  shall  be  indorsed  upon  or  attached  to  the  petition,  and 
be  signed  by  the  chairman  and  attested  by  the  clerk  of  the  board. 
[Amendment  approved  May  26,  1917;   Stats.  "l917,  p.   1192.] 

§  3452.  By-laws  for  government  of  district.  The  owners  of  land  em- 
braced in  the  district,  or  those  owning  a  majority  in  acreage  thereof, 
must  adopt  by-laws,  not  inconsistent  with  the  laws  of  the  state,  for  the 
government  and  control  of  the  affairs  of  the  district.  The  by-laws  thus 
adopted  must  be  signed  by  the  holders  of  certificates  of  purchase,  pat- 
ents, or  other  evidences  of  title,  representing  a  majority  in  acreage  of 
the  land  embraced  in  the  district,  and  must  be  by  them  filed  for  record 
with  the  county  recorder  of  the  county,  and  by  him  recorded  in  a  book 
kept  by  him  for  the  purpose  of  recording  instruments  and  writings  re- 
lating to  reclamation.  By-laws  thus  adopted  may  be  amended  at  any 
time  in  the  same  manner  that  the  original  by-laws  were  adopted. 
[Amendment  approved  May  26,  1917;   Stats.  1917,  p.  1192.] 

§  3453.  Election  of  district  trustees.  Proceeding  to  determine  legal- 
ity of  district.  No  proceeding  against  district  existing  five  years. 
After  the  formation  of  the  district  and  the  adoption  of  by-laws  the 
board  of  supervisors  of  the  county  where  the  greater  part  of  the  district 
is  situated,  on  the  application  of  any  land  owner  of  the  district,  must 
call  an  election  in  compliance  with  the  provisions  of  section  three  thou- 
sand four  hundred  ninety-one  of  this  code,  at  which  election  there  must 
be  elected  under  and  in  pursuance  of  the  provisions  of  said  section  three 
thousand  four  hundred  ninety-one,  three  eligible  persons,  each  of  whom 
must  be  the  owner  of  record  of  land  within  the  said  district  or  a  duly 
authorized  representative  of  a  corporation  which  is  an  owner  of  record; 
who  shall  constitute,  when  elected  and  qualified,  the  board  of  trustees 
of  the  district,  for  the.  management  of  the  affairs  thereof,  and  who  shall 
hold  otfice  until  their  successors  are  elected  and  qualified  under  and  in 
pursuance  of  the  provisions  of  said  section  three  thousand  four  hundred 
ninety-one.  From  and  after  the  election  of  said  trustees  said  district 
sliall  be  deemed  organized  and  shall  have  power  to  sue  and  be  sued. 

The  trustees  of  any  reclamation  district  may  commence  a  proceeding  in 
the  superior  court  of  tlie  county  where  the  greater  portion  of  the  district 
is  situated  to  determine  the  legality  of  the  existence  of  such  district.  The 
complaint  in  such  proceedings  shall  describe  the  district  by  number  and 
the  exterior  boundaries  thereof,  and  shall  contain  a  prayer  tliat  such  dis- 
trict be   adjudged   a  legal  reclamation   district.     The   summons  in   such 


283  .  POLITICAL   CODE.  §  3454 

proceeding  shall  be  served  by  publishing  a  copy  thereof  for  two  weeks  in 
some  newspaper  of  general  circulation  published  in  each  county  where  any 
part  of  said  district  is  situated.  Within  thirty  days  after  the  last  publica- 
tion of  said  summons  any  person  who  may  be  interested  may  appear  and 
answer  said  complaint,  in  which  answer  the  facts  relied  upon  to  show  the 
invalidity  of  the  district  shall  be  set  forth.  If  no  answer  shall  be  filed, 
the  court  must  render  judgment  as  prayed  for  in  the  complaint.  If  any 
answer  shall  be  filed,  the  court  shall  thereafter  proceed  as  in  other  civil 
eases,  but  no  district  shall  be  adjudged  invalid  when  it  appears  that 
such  district  has  for  five  years  prior  to  the  commencement  of  such 
proceeding  been  prosecuting  or  maintaining  its  works  of  reclamation  in 
good  faith.  The  proceeding  under  this  section  is  hereby  declared  to  be 
a  proceeding  in  rem,  and  the  judgment  rendered  therein  shall  be  con- 
clusive against  all  persons  whomsoever  and  against  the  state  of  Cali- 
fornia. 

No  proceeding  in  quo  warranto,  nor  any  similar  action,  or  proceeding, 
shall  be  maintained  in  the  name  of  the  people  of  the  state  of  Cali- 
fornia against  any  reclamation  district  that  shall  have  continuously  for 
live  years  next  preceding  the  commencement  of  such  proceeding  been 
acting  as  such  and  prosecuting  or  maintaining  its  works  of  reclamation 
in  good  faith;  provided,  that  this  provision  shall  not  affect  proceedings 
that  are  now  pending.  [Amendment  approved  May  26,  1917;  Stats. 
1917,  p.   1192.] 

§  3454.  Powers  of  trustees.  A.  Said  board  of  trustees  shall  have 
powers  and  duties  as  follows,  to  wit: 

(1)  To  keep  an  office  in  or  near  the  district  for  the  transaction  of  the 
business  thereof,  and,  the  books,  maps,  papers,  records,  contracts,  and 
all  other  documents  pertaining  to  the  affairs  of  the  district  must  be 
open   to   inspection   at   all   times   by   any   person  interested. 

(2)  President.  To  elect  one  of  its  members  president  of  said  board 
of   trustees. 

(3)  Secretary.  To  elect  one  of  its  members  or  an}'  other  person  secre- 
tary of  said  board  of  trustees.  It  shall  be  the  duty  of  the  secretary  to 
have  charge  of  the  office  of  the  board  of  trustees  and  to  keep  the  min- 
utes of  all  meetings  and  to  attest  all  documents  requiring  the  signature 
of  the  president  and  to  keep  true  and  accurate  accounts  of  all  expendi- 
tures made  in  behalf  of  said  district,  which  accounts,  and  all  contracts 
that  may  be  made  by  the  said  board  of  trustees  shall  be  open  to  the 
inspection  of  the  board  of  supervisors  and  every  person  interested. 

(4)  Money  from  reclamation  board.  To  receive  from  the  reclamation 
board  any  money  allowed  on  account  of  uncollected  assessments 
previously  levied  on  lands  purchased  by  said  board  for  rights  of  way, 
and  to  distribute  said  money  among  the  land  owners  of  said  district  in 
proportion  to  their  payments  on  the  last  assessment-roll  or  place  th^ 
same  in  the  county  treasury  to  the  credit  of  said  district. 

(5)  Revolving  fund.  To  create  by  order  duly  entered  in  the  minutes 
of  the  board  of  trustees  a  revolving  fund.  No  warrant  for  creation  or 
replenishment  of  this  fund  shall  be  paid  by  the  county  treasurer  unless 
a  bond  in  double  the  amount  of  said  fund,  signed  by  the  members  of  the 


§  3454  I'OLITICAL    CODE.  284 

board  of  trustees  with  sureties  and  conditioned  as  security  for  the  safety 
and  proper  disbursement  of  said  fund,  approved  by  the  board  of  super- 
visors, shall  be  on  file  with  the  county  treasurer.  Said  fund  shall  be 
disbursed  by  checks  or  drafts,  signed  by  at  least  two  members  of  the 
board  of  trustees,  or  some  person  by  unanimous  vote  of  the  board  of 
trustees  authorized  to  do  so.  The  board  of  trustees  shall  within  thirty 
days  after  any  payment  from  this  fund  file  the  vouchers  therefor  in 
the  oflice  of  the  county  treasurer  retaining  a  duplicate  thereof  in  the 
oflice  of  the  secretary  of  the  board  of  trustees.  The  board  of  trustees 
shall  have  authority  by  order  entered  in  the  minutes  of  said  board  to 
issue  warrants  for  the  creation  and  replenishment  of  said  fund.  No 
warrant  for  the  replenishment  of  said  fund  shall  be  approved  by  the 
board  of  supervisors  or  paid  by  the  county  treasurer,  except  to  the 
extent  that  proper  vouchers  for  previous  legal  disbursements  from  said 
fund  have  been  filed  with  the  county  treasurer  as  hereinbefore  provided. 
Said  fund  shall  not  exceed  the  sum  of  two  thousand  dollars.  The  order 
creating  said  revolving  fund  must  reeei\e  the  unanimous  vote  of  the 
board  of  trustees. 

Any  land  owner  within  the  district  may  maintain  an  action  for  the 
benefit  and  in  behalf  of  the  reclamation  district  in  the  superior  court 
of  the  count}^  in  which  the  district,  or  any  part  thereof  is  situated 
against  any  member  or  members  of  the  board  of  trustees  for  any  im- 
proper disbursement  of  the  funds  of  the  district  made  with  his  or  their 
consent  and  also  against  the  members  of  the  board  of  trustees  and  their 
sureties  upon  the  said  bond  for  any  improper  disbursement  from  said 
revolving  fund. 

(6)  Engineers,  etc.  To  employ  engineers  and  others  to  survey,  plan, 
locate  and  report  on  the  works  necessary  for  the  reclamation  of  the 
lands  of  the  district,  and  estimate  the  cost  thereof;  thereafter,  at  any 
time,  modify  or  change  sucli  original  plan  or  plans,  or  adopt  new,  sup- 
plemental, or  additional  plan  or  plans,  when,  in  its  judgment,  the  same 
shall   become   necessary. 

(7)  Rights  of  way,  etc.  To  acquire  by  purchase,  condemnation,  gift, 
or  other  legal  means,  whatever  real  property,  rights  of  way,  materials, 
or  labor  that  it  shall  deem  necessary  for  the  construction  of  the  works 
of  reclamation  or  necessary  or  useful  in  connection  with  carrying  out 
the  original  plan  or  ])lans  of  reclamation,  or  any  supplemental  or  addi- 
tional plan  of  reclamation. 

(S)  Canals,,  sluices,  etc.  To  acquire  by  purchase,  condemnation,  gift, 
or  otlior  legal  moans,  such  drains,  canals,  sluices,  bulkheads,  water-gates, 
levees,  embankments,  pumping  plants,  and  to  purchase,  construct,  or 
otherwise  acquire,  maintain,  and  keep  in  repair  all  things  reasonably 
necessary  or  convenient  for  the  reclamation  of  the  lands  embraced  in 
said  district  either  within  or  without  the  boundaries  of  the  district. 

(U)  Labor  and.  machinery.  To  employ  such  labor  and  to  purchase 
.■ind  oinTiite  or  hire  suidi  tools,  macliinery,  material  "and  equipment  and 
to  make  and  enter  into  sucji  contracts  and  agreements  as  they  shall 
deem  necessary  in  order  to  accomplish  the  i)roper  construction,  nmin- 
tcnance,  repair  or  operation  of  tlic  woiks  of  reclamation  of  the  said 
district. 


285  POLITICAL   CODE.  §  3454 

(10)  Disposal  of  property.  To  sell,  convey,  transfer,  lease  to  others 
or  otherwise  dispose  of  such  real  or  personal  property  belonging  to  the 
said  district  which  said  board  of  trustees  shall  find  no  longer  necessary 
for  the  construction,  maintenance  or  operation  of  the  works  of  reclama- 
tion of  said  district;  also  to  lease  to  others  or  to  operate  for  hire  any 
tools  or  machinery  belonging  to  the  said  district  which  is  not  at  the  time 
needed  by  the  district. 

(11)  Proceedings  to  determine  legality  of  district.  To  commence  pro- 
ceedings in  the  superior  court  of  the  county  where  the  greater  portion 
of  the  district  is  situate  to  determine  the  legality  of  the  existence  of 
such  district  in  the  manner  provided  by  section  three  thousand  four  hun- 
dred fifty-three  of  this  code. 

(12)  Distribution  of  funds  not  needed.  To  distribute,  among  the  land 
owners  of  the  district,  after  having  first  provided  by  order  duly  entered 
in  their  minutes,  any  funds  in  the  treasury  belonging  to  said  districts 
and  not  needed  for  the  purposes  of  reclamation,  such  distribution  to  be 
made  among  the  several  land  owners  in  the  said  district  in  proportion 
as  said  owners  were  assessed  on  the  last  assessment  made  by  said  dis- 
trict. 

(13)  Report  of  plans.  To  report  to  the  supervisors  every  original 
plan,  and  every  new,  supplemental  or  additional  plan  for  the  reclama- 
tion of  the  lands  within  said  district  in  the  manner  provided  by  sec- 
tion  three   thousand   four   hundred   fifty-five   of   this   code. 

(14)  Cancel  warrants.  To  cancel  all  warrants  of  the  district  not  paid 
within  four  years  after  date  of  issuance  unless  the  payment  thereof 
is  extended  in  the  manner  provided  by  section  three  thousand  four 
hundred  fifty-seven   of   this   code. 

(15)  Collection  of  assessments.  To  perform  such  duties  with  respect 
to  the  collection  of  assessments  as  is  provided  by  section  three  thousand 
four  hundred  sixty-six  of  this  code. 

(1())  Bond  elections.  To  perform  such  duties  with  respect  to  the  call- 
ing of  bond  election  and  the  issuance  of  bonds  as  is  provided  in  section 
three  thousand  four   hundred   eighty. 

(17)  Reapportionment  of  assessments.  To  reapportion  the  assessment 
Or  assessments  ujjon  any  tract  of  land  that  has  been  subdivided  into 
smaller  parcels  in  such  manner  as  will  charge  each  of  said  smaller  parcels 
with  a  just  proportion  of  the  assessment  or  assessments  previously  made 
upon  said  tract  so  subdivided,  in  the  manner  jirovided  by  section  three 
thousand   four   hundred   sixty   hereof. 

(IS)  General  supervision  over  works.  To  exercise  a  general  super- 
vision and  complete  control  over  the  construction,  maintenance  and 
operation  of  the  works  of  reclamation  and  generally  over  the  affairs 
of  the  district. 

(19)  Seal.  To  provide  a  seal  which  shall  contain  the  number  of  the 
district  and  the  county  in  which  the  lands  or  the  greater  portion  thereof 
are  located  and  all  documents  requiring  the  approval  by  the  board  of 
trustees  shall  hereafter  bear  the  seal  of  the  district. 


§  3455  POLITICAL   CODE.  286 

(20)  General  powers.  And  to  do  and  perform  all  acts  and  things 
which  the  said  trustees  may  deem  advisable,  necessary 'or  convenient  for 
constructing,  maintaining,  or  operating  the  works  of  reclamation,  or 
accomplishing  the  purposes  for  which  said  reclamation  district  was 
formed. 

B.  Compensation.  The  several  members  of  the  board  of  trustees 
shall  each  be  entitled  to  receive  such  compensation  for  services  actually 
and  necessarily  performed  as  the  said  board  of  trustees  may  determine 
to  be  just  and  reasonable,  and  shall  be  reimbursed  for  such  expenses  as 
they  may  necessarily  incur  in  the  performance  of  their  said  duties  as 
trustees.  All  claims  by  or  in  behalf  of  trustees  for  services  rendered 
or  expenses  incurred  shall  be  presented  to  the  board  of  trustees,  and  if 
allowed  shall  be  paid  in  the  same  manner  as  other  indebtedness  of  the 
district,  but  no  warrants  drawn  in  favor  of  a  trustee  shall  be  valid 
until  approved  by  the  board  of  supervisors  of  the  proper  county.  No 
trustee  shall  be  disqualified  from  participating  in  any  and  all  proceed- 
ings of  the  board  of  trustees,  excepting  that  he  shall  not  cast  the  decid- 
ing vote  upon  a  motion  of  resolution  approving  a  claim  or  awarding  a 
contract  in  favor  of  himself. 

C.  Regular  meeting.  All  meetings  of  the  board  of  trustees  at  which 
all  trustees  are  present  or  of  which  all  members  of  the  said  board  of 
trustees  shall  have  received  notice  in  writing  of  such  meeting  at  least 
one  day  prior  to  the  time  set  for  such  meeting  to  convene  shall  be 
deemed  a  regular  meeting  at  which  any  business  may  be  transacted. 
[Amendment  approved  May  26,  1917;  Stats.  1917,  p.  1193.] 

§  3455.  Plans  to  be  reported  to  supervisors.  Plans  transmitted  to 
reclamation  board.  Hearing.  Notice.  Form  of  notice.  Approval  of 
plans.      Action    final.     Amendatory   plans.      Levees   included   in    plans. 

The  board  of  trustees  of  any  reclamation  district  must  report  to  the 
board  of  supervisors  of  the  county  within  which  the  district,  or  the 
greater  part  thereof,  is  situate,  by  filing  with  the  county  clerk  of  said 
county,  two  copies  of  the  original  plan  or  plans  of  the  works  of  reclama- 
tion and  two  copies  of  every  new,  supplemental,  or  additional  plan,  if 
any,  together  with  the  estimates  of  the  cost  of  the  contemplated  works 
of  the  district,  including  incidental  expenses,  maintenance  and  repair 
necessary  for  the  reclamation  of  the  lands  of  the  district  in  pursuance 
of  any  such  plan  or  plans.  The  term  "works  of  reclamation"  as  used 
in  this  chapter  shall  include  not  only  such  public  works  and  equipment, 
MS  are  necessary  for  the  unwatering  of  lands  in  reclamation  districts, 
but  shall  also  include  such  like  works  as  may  be  necessary  to  water  or 
irrigate  the  same  lands  in  such  districts. 

Tf  and  Vv'hcn  a  district  is  located  in  whole  or  in  part  within  the  Sacra- 
inonto  and  San  Joaquin  drainage  district,  three  copies  of  such  plan  or 
l.lariH  and  estimates  shall  be  filed  with  the  county  clerk  as  aforesaid 
■ind  the  said  county  clerk  shall,  within  five  days  after  said  three  copies 
(if  such  plans  and  estimates  are  filed  with  him,  certify  to  two  of  said 
copies  and  transmit  the  same  to  the  secretary  of  the  reclamation  board. 

Upon  receipt  of  said  certified  copies  of  said  plan  or  plans,  the  secre- 
tary  of  the  reclamation   board  shall  immediately  sot  a  date  when  the 


287  POLITICAL   CODE.  §  3455 

reclamation  board  will  hold  a  meeting  for  considering  objections,  if 
any,  to  said  plans.  All  such  hearings  by  the  said  reclamation  board 
shall  be  held  not  less  than  twenty,  nor  more  than  sixty  days  after  the 
day  the  secretary  of  the  reclamation  board  received  a  certified  copy  of 
the  said  plans.  Notice  of  said  hearing  before  the  said  reclamation 
board  shall  be  given  by  the  secretary  of  said  board  by  publishing  a 
notice  of  such  hearing  once  a  week  for  two  weeks  in  some  newspaper 
of  general  circulation  published  within  said  district,  then  in  the  county 
seat  of  the  county  within  which  the  said  district  or  the  greater  part 
thereof,  is  situate.  Said  notice  shall  be  in  substantially  the  following 
form: 

"Notice   to   the   land   owners   of   reclamation   district   . 

"Notice   is   hereby   given   to   the   land   owners   of   reclamation   district 

number   that   there   has   been   filed   with   the    county    clerk   of   the 

county  of and  with  the  secretary  of  the  reclamation  board,  original 

(supplemental  or  new,  as  the  case  may  be)  plans  for  the  reclamation  of 
lands  of  said  district;  that  the  reclamation  board  will  hold  a  meeting 
at  its  office  in  the  city  of   Sacramento,  county  of  Sacramento,  state  of 

California,   on   the   day   of  ,   A.   D.    191 — ,   at  o'clock,   a,t 

which  time  any  interested  party  may  appear  arid  object  to  the  said 
plans." 

At  said  hearing  the  reclamation  board  shall  hear  such  evidence  as 
may  be  offered  with  respect  to  said  plans,  and  thereafter  shall  approve, 
modify,  amend  or  reject  the  said  plans;  provided,  however,  that  the  said 
reclamation  board  shall  not  have  the  power  to  modify,  amend  or  reject 
any  plans  so  submitted  on  the  ground  that  said  plans  provide  for  a 
levee  which  in  their  judgment  is  of  excessive  strength  either  in  height, 
slopes  or  crown  width;  but  no  claim  for  compensation  shall  thereafter 
be  made  against  the  reclamation  board  of  the  Sacramento  and  San 
Joaquin  drainage  district  for  any  part  of  such  levees  which  said  board 
may  consider  to  be  in  excess  of  what  is  required  to  comply  with  its 
plans  for  flood  control.  The  reclamation  board  shall  have  power  to 
continue  or  adjourn  the  said  hearing  from  time  to  time  and  shall  have 
authority  to  cause  such  investigation  and  report  of  said  plans  to  be- 
made  by  the  engineers  connected  with  the  reclamation  board  or  by 
such   other   competent   authority   as   said   board   shall   deem  necessary. 

When  the  said  reclamation  board  shall  have  taken  action  approving, 
modifying,  or  rejecting  any  such  original,  supplemental  or  new  plan  of 
reclamation  after  a  hearing  as  herein  provided,  such  action  shall  be 
final,  and  thereafter  the  sufficiency  of  said  plans  shall  not  be  subject 
to  attack  either  before  the  reclamation  board  or  in  any  court;  pro 
vided,  however,  that  nothing  herein  contained  shall  prevent  the  board 
of  trustees  of  any  district  from  at  any  time  filing  with  the  county  clerk 
of  the  county  within  which  the  district,  or  the  greater  part  thereof,  is 
situate,  two  copies  of  any  amendatory,  additional  or  supplemental  plan 
of  reclamation.  In  the  event  any  such  amendatory,  additional  or  sup- 
plemental plan  of  reclamation-  is  filed  with  the  said'  clerk,  a  certified 
copy  thereof  shall  be  transmitted  to  the  secretary  of  the  reclamation 
board,  who  shall  set  the  time  for  hearing,  and  thereafter  the  same  pro- 
ceedings shall  be  had  and  with  like  effect  with  respect  to  said  amenda- 


§  3456  POLITICAL    CODE.  288 

tory;  additional    or    supplemental    plan    as    is    herein    provided    for    the 
original  jjlan. 

The  said  plan  or  plans  and  estimates  may  include  any  levees  or  other 
reclamation  vs^orks  already  constructed  or  in  course  of  construction  and 
payments  therefor  may  be  made  to  the  person  or  persons  who  con- 
structed the  same,  or  to  the  grantee  of  the  lands  for  the  benefit  of 
which  such  levees  or  other  works  of  reclamation  were  constructed  by 
the  owner  of  such  lands,  and  no  trustees  shall  be  disqualified  to  make 
or  approve  such  plans  or  estimates  because  of  his  ownership  of  any 
levee  or  other  reclamation  works  included  in  such  plan,  or  the  cost  of 
which  is  embraced  in  said  estimates  but  he  shall  be  disqualified  to  vote 
for  the  issuance  of  any  warrant  or  order  to  himself  in  payment  therefor. 
[Amendment  approved  May  26,  1917;  Stats.  1917,  p.  1197.] 

§  3456.  Conunissioners  to  assess  land.  Sums  paid,  to  county  treasury. 
A.  If  and  when  the  said  reclamation  board  shall  have  approved  the 
plan  or  plans  of  the  works  of  reclamation,  after  a  hearing  as  provided 
in  section  three  thousand  four  hundred  fifty-five  of  this  code,  then  the 
board  of  trustees  of  the  reclamation  district  shall  so  report  to  the  board 
of  supervisors  of  the  county  within  which  the  district  or  the  greater  part 
thereof  is  situate,  and  shall  set  forth  in  their  said  report  the  estimated 
cost  of  the  said  works  of  reclamation,  and  petition  the  said  board  of 
supervisors  to  appoint  three  commissioners  who  shall  have  no  interest 
in  any  real  estate  within  said  district,  each  of  whom,  before  entering 
upon  his  duties,  shall  make  and  subscribe  an  oath  that  he  is  not  in  any 
manner  interested  in  any  real  estate  within  said  district,  directly  or  in- 
directly, and  that  he  will  perform  the  duties  of  a  commissioner  to  the 
best  of  his  ability.  Upon  receipt  of  said  petition  from  the  board  of 
trustees  the  board  of  supervisors  to  whom  the  same  was  presented  must 
within  not  more  than  sixty  days  appoint  said  assessment  commissioners 
above  referred  to.  Said  commissioners  must  view  and  assess  upon  the 
land  within  said  district  the  said  sum  so  estimated  and  shall  apportion 
the  same  according  to  the  benefits  that  will  accrue  to  each  tract  of 
'land  in  said  district,  respectively,  by  reason  of  the  expenditures  of  said 
sums  of  money,  and  shall  estimate  the  same  in  gold  coin  of  the  United 
States.  The  sums  must  be  collected  and  paid  into  the  county  treasury 
as  hereinafter  provided,  and  be  placed  by  the  treasurer  to  the  credit  of 
the  district,  and  paid  out  for  the  works  of  reclamation  upon  the  war- 
rants of  the  trustees,  approved  by  the  board  of  supervisors,  or,  if  bonds 
of  such  district  have  been  issued  upon  said  assessment,  then  said  treas- 
urer shall  set  the  same  apart  as  a  separate  fund  for  the  purpose  of 
paying  the  principal  and  interest  of  such  bonds,  and  shall  not  pay  any 
jiart  of  the  moneys  received  from  such  assessment  for  any  purpose  other 
than  the  payment  of  the  principal  and  interest  of  such  bonds. 

P>.  Funds  for  maintenance  and  repair.  Commissioners  to  prepare 
assessment  list.  Hearing.  Action  in  superior  court.  Amounts  needed 
thereafter.  New  assessment  list.  WIuml  the  work  contrmplatcd  by  the 
original  or  any  sui)plemcii1al  |il;iii  of  reclamation  of  any  reclamation  dis- 
trict shall  have  })epn  complclcd,  the  trustees  may  so  report  to  the  board 
of  su|K'rviHors  of  the   (uniity   in   wiiich   tlie  district,  or  the  greater  part 


289  POLITICAL   CODE.  §  3456 

therebf  is  situate,  together  with  a  petitiou  to  the  said  board  of  super- 
visors to  appoint  assessment  commissioners.  Said  report  and  petitiou 
shall  set  forth  that  the  work  contemplated  by  the  original  or  supple- 
mental ijlan  of  recJamatiou  has  been  completed,  and  that  hereafter  the 
said  reclamation  district  will  only  require  funds  for  the  maintenance 
and  repair  of  the  said  works  of  reclamation.  Upon  filing  said  report 
and  petition  the  said  board  of  supervisors  shall  appoint  three  commis- 
sioners, each  of  whom  shall  be  similarly  qualified,  and  shall  make  and 
subscribe  the  same  oath  as  is  provided  hereinabove  for  commissioners. 
When  so  appointed  and  so  qualified  such  commissioners  shall  prepare  an 
assessment  list,  which  list  shall  contain  the  following  information  in 
separate   columns: 

1.  A  description  of  each  tract  assessed  by  legal  subdivisions,  swamp- 
land surveys,  or  other  boundaries  sufficient  to  identify  the  same. 

2.  The  number  of  acres  in  each  tract. 

3.  The  names  of  the  owners  of  each  tract,  if  known;  and  if  unknown, 
that  fact  J  but  no  mistake  or  error  in  the  name  of  the  owner  or  sup- 
posed owner  of  the  property  assessed,  and  no  mistake  in  any  other  par- 
ticular, shall  render  the  assessment  thereof   invalid. 

4.  The  assessment  valuation  per  acre  of  each  tract  assessed. 

5.  The   total   assessment   valuations   of   each   said   tract. 

6.  A  blank  column  for  rate  to  be  fixed  as  shown  hereinafter. 

7.  A  blank  column  for  amount  of  assessment  to  be  computed  as  shown 
hereinafter. 

Thereafter  said  assessment  valuations  shall  be  used  as  a  basis  for 
assessments  in  raising  funds  for  the  maintenance  and  repair  of  the 
works  of  reclamation  and  incidental  expenses  of  said  district.  Said 
assessment  list,  when  completed,  shall  be  filed  with  the  clerk  of  the 
board  of  supervisors  in  the  same  manner  as  a  report  made  under  an 
original  or  modified  plan  of  reclamation.  Thereupon  the  said  board  of 
supervisors  shall  appoint  a  time  when  it  will  meet  for  the  purpose  of 
hearing  objections;  said  objections,  if  any,  must  be  in  writing,  verified, 
and  filed  with  the  clerk  of  said  board  of  supervisors.  Notice  of  the 
said  hearing  shall  be  given  in  the  same  manner  and  for  the  same  time 
as  notice  of  hearing  objections  to  an  original  assessment.  At  said  hear- 
ing, the  board  of  supervisors  shall  hear  such  evidence  as  may  be  offered 
in  support  of  said  written  objections,  and  may  modify  or  amend  the  said 
assessment  valuations  in  any  particular.  No  objections  to  said  assess- 
ment valuations  shall  be  considered  by  the  board  of  supervisors,  or  al- 
lowed in  any  other  action  or  proceeding,  unless  said  objections  shall 
have  been  made  in  writing  to  the  board  of  supervisors  within  thirty 
days  after  the  first  publication  of  notice  of  hearing  objections,  if  any, 
tc  said  assessment  valuations. 

Any  person  aggrieved  by  the  decision  of  the  board  of  supervisors  may 
commence  an  action  in  the  superior  court  of  the  county  in  which  the 
greater  part  of  the  said  district  is  situate,  to  have  said  assessment 
valuations  corrected,  modified  or  annulled.  Such  action  must  be  com- 
menced within  thirty  days  after  said  assessment  valuations  have  been 
approved  by  the  board  of  supervisors.  If  said  action  shall  not  be  com- 
menced within  thirty  days,  no  action  of  defense  shall  thereafter  be 
19 


§  3457  POLITICAL   CODE.  290 

maintained  attacking  the  legality  of  said  assessment  valuations  in  any 
respect. 

1  hereafter,  whenever  in  the  opinion  of  the  trustees  of  the  district,  it 
shall  be  necessary  to  raise  any  sum  for  the  construction,  maintenance 
or  repair  of  the  works  of  reclamation,  or  for  the  incidental  expenses  of 
the  district,  the  said  board  of  trustees  shall  make  an  order,  which  order 
shall  be  entered  in  the  minutes  of  the  board  and  shall  recite  the  total 
amount  necessary  to  be  raised  and  shall  tix  a  rate  designating  the  num- 
ber of  cents  to  be  levied  on  each  one  hundred  dollars  of  assessment 
valuation  shown  on  the  list  prepared  and  approved  in  the  manner  herein- 
above provided. 

Thereafter  the  board  of  trustees  must  complete  said  assessment  list 
bj'  inserting  the  rate  and  the  total  assessment  in  columns  six  and  seven 
as  provided  therefor. 

The  assessment  made  in  pursuance  hereof  shall  be  filed  with  the 
county  treasurer  and  thereafter  collected  in  the  same  manner  provided 
for  the  collection  of  any  original  assessment;  provided,  however,  that 
the  board  of  trustees  may,  in  their  discretion,  direct  the  payment  of 
any  such  assessment  in  one  installment. 

The  report  of  assessment  commissioners  as  herein  provided  fixing  the 
assessment  valuation  for  reclamation  purposes,  after  having  first  been 
approved  by  the  board  of  supervisors  as  hereinabove  provided,  shall 
continue  in  force  as  the  basis  for  raising  necessary  funds  for  construc- 
tion, maintenance  and  repair  of  the  works  of  reclamation,  and  for  in- 
cidental expenses  of  the  district  until  the  trustees  of  said  district,  or 
the  holders  of  title  or  evidence  of  title  representing  fifteen  per  cent  or 
more  of  the  lands  within  the  district,  shall  petition  said  board  of  super- 
visors to  make  an  order  directing  the  commissioners  who  made  the  origi- 
nal assessment  list  or  other  commissioners,  to  be  named  in  such  order 
to  prepare  a  new  assessment  list.  Such  commissioners  must  have  the 
,  same  qualifications  and  take  the  same  oath  as  the  original  assessment 
commissioneis. 

The  assessment  list  when  so  prepared  by  said  commissioners  shall  be 
filed  with  the  clerk  of  the  board  of  supervisors,  and  shall  thereafter  in 
all  respects  be  subject  to  the  same  provisions  as  an  original  assessment 
list.  All  provisions  of  this  code  relating  to  collection  of  assessments 
and  sale  of  land  for  delinquent  assessments,  shall  be  applicable  to 
assessments  levied  in  accordance  with  the  provisions  of  this  section. 
[Aineiidmcnt   approved  May   2(i,   1917;    Slats.   1917,   p.    1198.] 

§  3457.  Form  of  warrants.  Interest  on  warrants.  Warrant  outstand- 
ing one  year  or  more.  Determination  of  amount  due.  All  warrants 
'Irawn  by  the  trustees  must  be  in  substantially  the  following  form: 


291 


POLITICAL    CODE. 
FACE. 


§3457 


No.  .  $ . 

Office   of  the  Board  of  Trustees  of 

Eeclamation   District   No. . 

The   Treasurer  of  County  will  pay. to   the  order  of   •  out   of 

Reolaniation   District   No.  fund  the   sum   of   dollars   for 

nllowed  by  the  board  of  trustees  of  said  Eeclamation  District  No.  . 

Dated .  191—. 


Trustees. 


Attest: 


Secretary. 


EEVERSE. 


Approved    by    the    Board    of    Supervisors    of 
• Couuty  this  day  of  ,  191- — . 


Chairman   of   board   of  supervisors. 


Attest: 


Clerk    of   board   of   sui)ervisors. 

When  registered  this  warrant  bears  seven 
y.ei-  cent  interest  annually,  computed  from  its 
date  to  the  date  of  payment. 

This  warrant  will  outlaw  and  cannot  legally 
be  paid  four  years  after  date. 


The  warrants  drawn  by  the  trustees  must  be  presented  to  the  treas- 
urer of  the  county,  and  if  they  are  not  paid  on  presentation,  such  in- 
dorsement must  be  made  thereon,  and  they  must  be  registered  and  bear 
interest  from  their  date  at  the  rate  of  seven  per  cent  per  annum,  and 
such  warrants  are  and  shall  be  considered  as  contracts  in  writing  for 
the  payment  of  money,  and  the  period  prescribed  for  the  commencement 
of  an  action  based  upon  said  warrants,  or  connected  therewith,  is  and 
shall  be  the  term  of  four  years  from  the  date  of  said  warrants;  pro- 
vided, however,  that  all  warrants  shall  be  approved  by  the  board  of 
supervisors  before  the  same  shall  be  paid  or  registered  by  the  county 
treasurer. 

All  warrants  shall  be  paid  bj^  the  county  treasurer  strictly  in  the  or- 
der in  which  they  shall  have  been  registered. 


§  3459  POLITICAL   CODE.  292 

Whenerer  a  warrant  shall  have  been  outstanding  one  year  or  more, 
the  board  of  trustees  shall  on  the  demand^  of  the  holder  of  said  warrant 
cancel  the  same  and  issue  a  new  warrant  for  the  face  value  of  the  old 
warrant  and  a  separate  warrant  for  the  amount  of  interest  then  due 
thereon  J  or,  the  board  of  trustees  may  allow  a  claim  for  the  amount  of 
interest  due  on  any  warrant  so  outstanding  one  year  or  more  and  may 
draw  a  warrant  therefor;  upon  drawing  this  warrant  they  shall  indorse 
on  the  reverse  of  the  old  warrant  the  fact  that  interest  has  been  paid 
to  the  date  of  drawing  the  warrant  for  interest  and  the  warrant  drawn 

for  the  interest  must  state  that  it  is  for  interest  on  warrant  No.  

to  (date) ;   the  board  of  trustees  shall  notify  the  county  treasurer 

upon  drawing  these  warrants  for  interest  and  he  shall  note  on  his  regis- 
ter of  warrants  the  fact  that  interest  has  been  paid  on  such  warrants; 
provided,  that  any  warrant  not  paid  or  presented  for  reissuance  may 
within  four  years  after  its  date  upon  the  demand  of  the  holder,  be 
extended  for  a  like  period  of  four  years,  upon  presentation  to  the  board 
of  trustees  of  the  district,  such  extension  being  indorsed  thereon  by  said 
board.  The  board  of  trustees  and  the  county  treasurer  may  cancel  all 
warrants  not  paid,  reissued  or  extended  within  four  years  after  their 
date. 

In  ease  an  action  or  proceeding  based  upon  any  warrant  or  connected 
therewith,  be  commenced  within  four  years  after  the  date  of  such  war- 
rant, and  final  judgment  be  obtained  in  favor  of  the  holder  or  owner 
thereof,  such  warrant  shall  be  paid  the  same  as  if  it  had  been  paid 
before  the  expiration  of  said  four  years  from  the  date  of  said  warrant. 

In  any  proceeding  for  a  writ  of  mandate  to  compel  the  trustees  to 
issue  a  warrant,  if  a  controversy  arises  as  to  the  amount  that  may  be 
due  to  the  plaintiff,  the  court  must  determine  the  same  in  the  manner 
provided  for  determining  controversies  in  other  civil  actions,  and  shall 
cause  a  writ  to  issue  for  such  sums  as  may  be  found  to  be  due.  The 
date  of  a  warrant  shall  be  the  day  on  which  the  same  is  signed  by  the 
board  of  trustees.  [Amendment  approved  May  26,  1917;,  Stats.  1917, 
p.  1202.] 

§  3459.  Additional  assessments.  If  the  original  assessment  is  insuffi- 
cient to  provide  for  the  complete  reclamation  of  the  lands  of  the  district, 
or  if  further  assessments  are  from  time  to  time  required  to  provide  for  the 
protection,  maintenance  and  repair  of  the  reclamation  works,  the  trustees 
may  file  with  the  clerk  of  the  board  of  supervisors  of  the  county  in  which 
the  district,  or  the  greater  part  thereof,  is  situated  two  copies  of  the  plan 
of  reclamation  and  a  statement  of  the  work  done  or  to  be  done  and  its 
estimated  cost,  and  the  same  proceeding  shall  be  had  thereon  as  pro- 
vided in  section  three  thousand  four  hundred  fifty-five  for  an  original 
plan  of  reclamation.  When  said  plan  shall  have  been  approved  by  the 
state  board  of  reclamation,  the  trustees  of  the  district  shall  so  report 
to  the  board  of  supervisors,  and  such  board  must  make  an  order  direct-' 
ing  the  commissioners  who  made  the  original  assessment,  or  other  com- 
missioners, to  be  named  in  such  order,  to  assess  the  amount  of  such 
estimated  cost  as  a  charge  upon  the  lands  with  the  district,  which 
assessment    must   be    made    and    collected   in    the    same    manner    as    the 


293  POLITICAL  CODE.  §§  3460-3462 

original  assessment.      [Amendment  approved  May  26,  1917;   Stats.   1917, 
p.   1204.] 

§  3460.  Commissioners  to  make  assessment  list.  The  commissioners 
appointed  by  the  board  of  supervisors  must  make  a  list  of  the  charges 
assessed  against  each  tract  of  land;  and  if  there  be  any  error  or  mistake 
in  the  description  of  the  land,  or  in  the  name  of  the  owner,  or  if  any 
land  which  should  be  assessed  has  been  or  shall  be  omitted  from  the 
list,  or  if  there  is  any  error  or  mistake  in  any  other  respect,  the  com- 
missioners may  amend  or  correct  the  same  at  any  time  before  the  lists 
shall  have  been  approved  by  the  board  of  supervisors  as  hereinafter 
provided.  When  any  tract  of  land  upon  which  an  assessment  or  assess- 
ments shall  have  been  made  shall  be  subdivided  into  smaller  parcels,  the 
board  of  trustees  of  the  district  shall  reapportion  the  assessment  or 
assessments  upon  such  tract  in  such  manner  as  will  charge  each  of  said 
smaller  parcels  with  a  just  proportion  of  assessment  or  assessments 
previously  made  upon  said  tract  so  subdivided.  Said  board  of  trustees 
shall  file  with  the  clerk  of  the  board  of  supervisors  of  the  county  a  list 
or  lists  of  the  charges  assessed  against  each  of  said  parcels.  Said  re- 
apportionment shall  be  approved  by  the  board  of  supervisors  in  the 
manner  provided  in  section  three  thousand  four  hundred  sixty-two  of 
this  code.  Said  lists  after  such  approval  shall  be  filed  with  the  county 
treasurer  of  the  county  and  shall  have  the  same  effect  as  on  original 
assessment.      [Amendment  approved  May  26,  1917;  Stats.  1917,  p.  1204.] 

§  3462.  List  filed  with  clerk  of  supervisors.  Objection  to  assessment. 
Action  in  superior  court.  Said  lists,  when  completed,  shall  be  filed  with 
the  clerk  of  the  board  of  supervisors  of  the  county.  The  board  of 
supervisors  shall  appoint  a  time  when  it  will  meet  for  the  purpose  of 
hearing  objections  to  said  assessment,  and  notice  of  such  hearing  shall 
be  given  by  publication  for  two  weeks  in  some  newspaper  of  general 
circulation   published  in   said  county. 

At  any  time  before  the  date  of  such  hearing,  any  person  interested 
in  any  land  upon  which  any  charge  has  been  assessed  may  file  written 
objections  to  such  assessment,  stating  the  grounds  of  such  objections, 
which  said  statement  shall  be  verified  by  the  affidavit  of  such  person, 
or  some  other  person  who  is  familiar  with  the  facts.  At  said  hearing 
the  board  of  supervisors  shall  hear  such  evidence  as  may  be  offered  in 
support  of  said  written  objection  and  may  modify  or  amend  the  said 
assessment  in  any  particular,  or  make  a  reapportionment  of  the  entire 
assessment.  If  the  amount  of  any  assessment  in  said  list  shall  be 
changed,  the  board  of  supervisors  shall  set  a  day  for  hearing  objections 
to  said  assessment  as  changed,  and  shall  give  notice  thereof  by  publi- 
cation for  two  weeks  in  some  newspaper  published  in  the  county.  At 
such  hearing  objections  in  writing  may  be  made  by  any  person  inter- 
ested, and  the  board  of  supervisors  shall  proceed  to  hear  the  same  in 
the  same  manner  as  upon  the  original  hearing.  If  the  amount  of  any 
assessment  shall  again  be  changed  the  board  of  supervisors  shall  pro- 
ceed as  before  to  give  notice  and  to  hear  objections  thereto,  and  shall 
proceed  in  a  similar  manner  until  the  amount  of  each  assessment  shall 


§  3463  POLITICAL   CODE.  294 

be  finally  fixed  and  approved.  The  board  of  supervisors  shall  then  make 
an  order  approving  said  assessment,  and  shall  indorse  such  order  upon 
said  assessment  list,  which  said  indorsement  shall  be  signed  by  the 
chairman  of  said  board  of  supervisors  and  attested  by  the  clerk  thereof, 
and  such  decision  of  said  board  of  supervisors  shall  be  final,  and  there- 
after said  assessment  list  shall  be  conclusive  evidence  that  the  said 
assessment  has  been  made  and  levied  according  to  law,  except  in  an 
action  commenced  as  hereinafter  provided.  The  lists  shall  then  be  filed 
with  the  county  treasurer,  or,  if  the  district  is  situated  in  more  than  one 
county,  then  the  original  list  must  be  filed  in  the  county  where  the 
greater  portion  of  the  lands  of  said  district  is  situated,  and  copies 
thereof  certified  by  the  treasurer  must  be  filed  with  the  treasurer  of 
each  of  the  other  counties. 

No  objection  to  such  assessment  shall  be  considered  by  the  board  of 
supervisors,  or  "allowed  in  any  other  action  or  proceeding,  unless  such 
objection  shall  have  been  made  in  writing  to  the  board  of  supervisors 
as  above  specified. 

Any  person  aggrieved  by  the  decision  of  the  board  of  supervisors 
may  commence  an  action  in  the  superior  court  of  the  county  in  which 
the  greater  part  of  said  district  is  situated  to  have  said  assessment  cor- 
rected, modified  or  annulled.  Such  action  must  be  commenced  within 
thirty  days  after  said  assessment  list  has  been  filed  in  the  office  of  the 
county  treasurer.  If  said  action  shall  not  be  commenced  within  thirty 
days,  no  action  or  defense  shall  thereafter  be  maintained  attacking  the 
legality  of  said  assessment  in  any  respect. 

The  provisions  of  this  section  shall  apply  in  all  respects  t*  an  assess- 
ment list  made  under  the  provisions  of  subdivision  B  of  section  three 
thousand  four  hundred  fifty-six.  [Amendment  approved  May  26,  1917; 
Stats  1917,  p.   1204.] 

§  3463.  Charges  assessed  become  lien.  When  the  board  of  super- 
visors shall  have  finally  taken  action  modifying  or  approving  any  assess- 
ment liens  as  provided  in  section  three  thousand  four  hundred  fifty-five 
of  this  code,  the  charges  assessed  thereby  upon  tracts  of  land  within 
the  county  shall  constitute  a  lien  thereon  and  shall  impart  notice  thereof 
to  all  persons. 

When  the  board  of  trustees  of  any  reclamation  district  shall  cause 
assessment  lists  to  be  prepared  and  filed  with  the  clerk  of  the  board 
of  supervisors  whereon  they  shall  assess  any  sum  necessary  to  be  raised 
to  the  several  tracts  of  land  within  the  said  district  in  the  manner 
provided  in  the  second  paragraph  of  said  section  three  thousand  four 
hundred  fifty-five,  the  charges  so  assessed  upon  any  said  tract  shall 
constitute  a  lien  thereon  and  shall  impart  notice  thereof  to  all  persons. 

No  subsequent  act  or  conduct  of  the  trustees  of  the  reclamation  dis- 
trict shall  invalidate  any  such  assessment,  after  the  same  shall  have 
become  a  lien  in  the  manner  herein  provided,  but  such  trustees  may 
1)C  compelled  by  mandate,  or  other  proper  proceeding,  to  perform  their 
duties  as  required  by  law.  [Amendment  approved  May  2(5,  1917;  Stats. 
]ni7,  J..  120fj.] 


295  POLITICAL  CODE.  §§3465,3466 

§  3i65.  Payments.  The  lists  must  remain  in  the  office  of  the  county 
treasurer  for  thirty  days;  and  during  the  time  they  so  remain  any  per- 
son may  pay  the  amount  of  the  charge  assessed  against  any  tract  of 
land  to  the  county  treasury  in  gold  coin  of  the  United  States  or  in 
warrants  of  the  district  drawn  by  order  of  the  trustees  thereof,  and 
approved  by  the  board  of  supervisors  of  the  county.  [Amendment  ap- 
proved May  26,  1917;  Stats.  1917,  p.  120G.] 

§  3466.  Collection  of  unpaid  assessments.  Sale  of  property.  Purchase 
by  district.  Redemption.  At  the  end  of  thirty  days  unless  bonds  shall 
have  been  authorized  the  treasurer  must  return  the  list  to  the  board 
of  trustees  of  the  district,  and  all  unpaid  assessments  shall  thereafter 
bear  interest  at  the  rate  of  seven  per  cent  per  annum.  Thereafter  all 
unpaid  assessments  and  accrued  interest  shall  be  collected  by  and  paid 
to  the  county  treasurer,  or  the  board  of  trustees  may  designate  an  agent 
to  effect  such  collection  who  shall  deposit  said  moneys  with  the  county 
treasurer  to  the  credit  of  the  district.  Whenever  the  board  of  trustees 
shall  appoint  an  agent  to  collect  assessments,  they  shall  require  that 
such  agent  give  a  bond  in  such  an  amount  as  they  may  consider  suffi- 
cient for  the  faithful  performance  of  his  duties.  All  such  payments 
shall  be  made  in  separate  installments,  of  such  amounts,  and  at  such 
times,  respectively,  as  the  said  board,  from  time  to  time,  in  its  dis- 
cretion by  order  entered  in  its  minutes  may  direct.  Upon  making  such 
order  the  secretary  shall  also  enter  in  the  minutes  of  the  board  a  notice 
in  substantially  the  following  form: 

(Name  of  reclamation  district,  location  or  principal  place  of  business.) 
Notice  is  hereby  given  that  at  a  meeting  of  the  board  of  trustees  held 
on  the  (date),  an  installment  of  (amount)  was  ordered  paid  within  sixty 

days  from   date  thereof  to  at  .     Any  installment  which   shall 

remain  unpaid  on  the   (day  fixed)   will  be  delinquent  together  with  the 
accrued  interest  thereon. 

The  notice  must  be  personally  served  upon  each  owner  of  land  in  said 
district,  or  in  lieu  of  personal  service,  must  be  sent  through  the  mail 
addressed  to  such  owner  at  his  place  of  residence,  if  known  or  entered 
upon  the  assessment-roll  of  the  county,  and  if  not  known,  at  the  place 
where  the  principal  office  of  the  district  is  situated,  or  be  published  once 
a  week  for  two  weeks  successively  in  some  newspaper  of  general  circula- 
tion and  devoted  to  the  publication  of  general  news,  within  the  district, 
and  if  no  such  newspaper  be  published  within  the  district  then  publica- 
tion may  be  made  in  some  newspaper  published  in  the  county  seat  of  the 
county  where  the  greater  portion  of  said  district  is  situated. 

If  any  such  installment  shall  remain  unpaid  at  the  expiration  of  said 
sixty  days  from  the  date  of  the  order,  then  the  whole  remaining  uncalled 
portion  of  said  assessment  shall  become  delinquent  together  with  the 
accrued  interest  thereon  and  a  penalty  of  ten  per  cent  of  the  amount 
of  said  installment  and  interest  shall  be  added  thereto  and  collected  for 
the  use  of  the  district. 

Immediately  after  the  said  installment  has  become  delinquent,  the 
trustee  of  the  district  must  publish  in  one  notice  a  list  of  all  of  said 
delinquencies  at  least  once  a  week  for  two  weeks  in  some  newspaper  of 


§§  3467, 3-168  political  code.  296 

genei'al  circulation  published  in  the  county  where  said  district  or  the 
greater  part  thereof  is  situated,  which  notice  shall  contain  a  description 
of  the  property  assessed,  the  name  of  the  person  to  whom  it  is  assessed, 
or  a  statement  that  it  is  assessed  to  unknown  owners,  if  such  is  the  fact; 
the  amount  then  due  on  said  property,  and  a  notice  that  the  property 
assessed  will  be  sold  on  the  date  therein  stated,  in  front  of  the  court- 
house of  said  county  to  pay  the  amount  then  due  on  said  property.  The 
date  of  said  sale  shall  be  not  less  than  ten  days  after  the  date  of  the 
last  publication  of  said  notice.  And  at  said  time  stated  in  said  notice, 
or  such  other  time  to  which  said  sale  may  have  been  postponed,  the 
trustees  must  sell  said  property  to  the  highest  bidder  for  gold  coin  of 
the  United  States.  Out  of  the  proceeds  o'f  said  sale  the  trustees  must 
pay  the  amount  due  on  said  property  as  shown  in  said  notice  to  the 
county  treasurer  who  shall  place  the  same  in  the  proper  funds  of  said 
district.  The  trustees  must  pay  to  the  owner  of  said  property  any  sur- 
plus remaining  after  such  payment  to  the  count}'  treasurer.  The  trustees 
may  postpone  said  sale  from  time  to  time  for  not  less  than  ten  nor  more 
than  thirty  days  at  any  one  time  by  a  written  notice  posted  at  the  place 
of  sale. 

If  no  bid  is  made  for  said  property  equal  to  the  amount  due  thereon, 
the  district  shall  become  the  purchaser,  and  the  said  property  must  be 
struck  off  to  the  district  for  said  amount.  A  certificate  of  such  sale 
shall  be  executed  by  the  trustees  to  the  purchaser,  or  to  the  district,  if 
the  property  shall  have  been  struck  off  to  the  district,  and  said  certifi- 
cate of  sale  shall  be  recorded  in  the  office  of  the  county  recorder  of  said 
county.  Any  person  interested  in  said  property  may  redeem  the  same 
at  any  time  within  one  year  after  the  date  of  said  sale,  by  paying  to 
the  county  treasurer  the  amount  for  which  said  property  was  sold,  and 
interest  on  the  said  sums  at  the  rate  of  two  per  cent  per  month  from 
the  date  of  said  sale. 

If  no  redemption  shall  be  made  within  said  one  year,  the  purchaser,  or 
the  district,  if  said  property  shall  have  been  sold  to  the  district,  shall 
be  entitled  to  a  deed  executed  by  said  trustees,  and  the  effect  of  such 
deed  shall  be  to  convey  said  property  free  of  all  liens  and  encumbrances, 
excepting  state,  county  and  municipal  taxes,  and  any  subsequent  district 
assessment.  The  trustees  may  sell  said  property  at  any  time  at  {lublic 
auction  after  notice  given  for  the  said  period  and  in  the  same  manner 
as  is  herein  provided  for  sales  for  delinquent  assessments,  but  not  for 
a  sum  less  than  tlie  amount  for  which  said  property  was  sold,  together 
witli  any  subsequent  assessment  and  the  deed  e.xeeuted  in  pursuance  of 
such  sale  shall  convey  said  property  free  of  all  encumbrances,  except 
state,  county  and  other  municipal  taxes.  Assessments  heretofore  made 
in  any  reclamation  district  shall  be  validated  and  collected  in  the  man- 
ner provided  by  law  at  the  time  such  assessments  were  made.  [Amend- 
ment approved  May  2(i,   1917;   Stats.  1917,  p.   120S.] 

§  3467.  Work  of  reclamation  to  be  done  under  direction  of  trustees. 
\H(']>cn](i(l   May   2fi,    1917;    Stats.    1917.   p.   1208.] 

§  3468,  Accounts  to  be  kept  open  to  inspection.  |  Repealed  May  26, 
1917;  Stats.  1917,  {>.  1208.] 


297  POLITICAL   CODE.  §  3480 

§  3480.  Reclamation  district  may  issue  bonds.  Special  election  and 
conduct  of.  Evidence  of  ownership  and  value.  Bonds  and  coupons. 
Sale  of  bonds.  Notice.  Action  to  determine  bonds  legal  obligation. 
Warrants.  Bonds  legal  investment.  Additional  assessment  and  bonds. 
Installments.  Delinquency,  Sale  of  property.  Whenever  in  any  recla- 
mation district  in  this  state,  now  formed  or  which  may  hereafter  be 
formed,  any  assessment  has  been  levied  and  assessed  upon  the  lands  of 
said  district,  and  remains  unpaid  in  w^hole  or  in  part,  where  in  the  .judg- 
ment and  opinion  of  the  board  of  trustees  of  said  district  it  would  be 
for  the  best  interest  of  said  district  or  the  land  owners  therein  to  issue 
bonds  for  the  purpose  of  obtaining  money  to  pay  the  costs  of  reclama- 
tion, the  indebtedness  of  the  district,  or  any  other  legal  charge,  or  when 
a  petition  signed  by  the  owners  of  more  than  one-half  of  the  land  in  the 
district  is  filed  with  the  secretary  of  the  board,  the  board  of  trustees 
of  such  district  shall  by  order  entered  upon  the  records  of  said  board, 
order  a  special  election  to  be  held  at  some  place  in  said  district  to  be 
designated  by  said  board  of  trustees,  at  which  said  special  election  shall 
be  submitted  to  the  owners  of  land  in  said  district  the  question  of 
whether  or  not  bonds  of  said  district  shall  be  issued  in  an  amount  equal 
to  the  amount  of  such  assessment,  or  the  part  of  such  assessment  remain- 
ing unpaid,  which  said  amount  shall  be  entered  by  said  board  of  trus- 
tees in  its  records  and  stated  by  them  in  the  order  for  su<'h  special 
election. 

For  all  purposes  of  this  article  relating  to  signing  petitions  and  by- 
laws and  voting  at  any  election  of  reclamation  districts  the  equalized 
assessment-roll  for  the  year  last  preceding,  in  each  county  wherein  any 
land  of  the  district  is  situated  shall  be  sufficient  evidence  of  ownership 
and  of  value  of  lands  in  the  district  as  hereinafter  provided.  Guardians, 
executors,  administrators  and  other  persons  holding  land  in  a  trust  capa- 
city under  appointment  of  court  may  sign  such  petitions  or  by-laws  or 
may   vote   without  obtaining  special  authority   therefor. 

Notice  of  such  special  election  must  be  given  by  the  board  of  trustees 
by  posting  notices  thereof  in  at  least  three  public  places  in  the  district 
at  least  twenty-one  days  prior  thereto,  and  also  by  publication  for  the 
same  length  of  time  in  some  newspaper  of  general  circulation  published 
in  each  county  in  which  any  portion  of  -said  district  may  be  situated; 
and  sucTi  notice  must  specify  the  time  and  place  of  holding  such  elec- 
tion, the  aggregate  face  value  of  bonds  proposed  to  be  issued  and  the 
names  of  three  landholders  of  the  district  to  act  as  a  board  of  election. 
Affidavits  of  the  publication  and  posting  of  such  notice  must  be  filed 
with  the  county  clerk  of  the  county  in  which  said  district  or  the  greater 
part  thereof  is  situated  (herein  designated  as  the  main  county),  together 
with  a  copy  of  said  order  calling  the  election,  certified  by  the  president 
of  the  board  of  trustees. 

At  such  election  each  owner  of  lands  in  the  district  shall  be  entitled 
to  vote  in  person  or  by  proxy  and  shall  have  the  right  to  cast  one  vote 
for  each  dollar's  worth  of  real  estate  owned  by  him  in  the  district,  such 
value  and  ownership  thereof  to  be  determined  from  the  next  preceding 
assessment-roll  of  the  county  or  counties  in  which  the  lands  of  said  dis- 
trict  are   situate,  and  the   board   of  trustees  of   the   district  shall,  in-'wr 


§  3480  POLITICAL   CODE.  298 

to  the  election,  cause  to  be  prepared  and  certified  by  the  proper  officer 
and  furnished  to  the  board  of  election,  a  true  and  correct  copy  of  the 
said  next  preceding  assessment-roll  of  the  said  county  or  counties,  which 
said  certified  roll  shall  be  used  by  the  said  board  of  election  in  deter- 
mining the  number  of  votes  each  voter  is  entitled  to  cast.  Executors, 
administrators,  special  administrators  and  guardians  may  cast  tlie  votes 
of  the  estates  represented  hy  them. 

No  person  shall  vote  by  proxy  at  such  election  unless  authority  to 
cast  such  vote  shall  be  evidenced  by  an  instrument  in  writing,  duly 
acknowledged  and  certified  in  the  same  manner  as  grants  of  real  j)rop- 
erty  and  filed  with  the  board  of  election.  The  ballots  cast  at  such  elec- 
tion shall  contain  the  words:  "Bonds — yes,"  or  the  words  "Bonds — no," 
and  also  the  name  of  the  person  casting  the  ballot  with  the  number  of 
votes  cast  by  him.  A  list  of  the  ballots  cast  shall  be  made  by  the  board 
of  election,  containing  the  name  of  each  voter,  and,  if  the  ballot  be  cast 
by  proxy,  the  name  of  the  person  casting  it,  and  the  number  of  votes 
cast  by  each,  and  whether  the  same  be  cast  for  or  against  the  issuing 
of  the  bonds. 

If  any  person  appointed  as  a  member  of  the  board  of  election  shall 
fail  to  attend  at  the  opening  of  the  polls,  the  voters  then  present  may 
appoint  in  his  place  any  landholder  of  the  district.  Each  member  of 
such  board  of  election,  must,  before  entering  upon  his  duties  take  and 
subscribe  an  official  oath,  which  oath  may  be  administered  by  an  officer 
"authorized  to  administer  oaths  or  by  any  landholder  iu  the  district. 
The  polls  shall  be  kept  open  from  ten  o'clock  A.  M.  of  the  day  of  elec- 
tion until  four  o'clock  P.  M.  At  the  close  of  the  polls  the  board  of 
election  shall  at  once  proceed  to  canvass  the  votes  and  declare  the  result 
and  shall  forward  a  certificate  showing  such  result  and  the  number  of 
votes  cast  for  and  against  the  issuing  of  bonds,  to  the  county  clerk  of 
the  main  county,  and  shall  deliver  a  duplicate  thereof  to  .the  board  of 
trustees  of  the  district,  and  shall  also  deliver  to  the  said  county  clerk 
of  the  main  county  all  ballots  cast  at  such  election  and  all  documents 
and  papers  used  at  such  election.  Any  person  interested  may  contest 
such  election  within  twenty  days  after  such  filing  of  said  certificate 
with  the  said  county  clerk  by  bringing  suit  in  the  superior  court  of  the 
main  county;  otherwise  the  declaration  of  the  result  bj'  the  board  of 
election  shall  be  final  and  conclusive. 

If  a  majority  of  the  votes  cast  at  such  election  are  in  favor  of  the 
issuance  of  bonds,  the  board  of  trustees  of  the  district  shall  cause  bonds 
in  the  amount  stated  in  the  order  for  the  election  to  be  executed  and 
delivered,  together  with  the  assessment  list,  to  the  treasurer  of  said 
main  county.  Said  bonds  shall  be  of  the  denomination  of  not  less  than 
one  hundred  dollars  nor  more  than  one  thousand  dollars  each;  they  shall 
be  signed  by  the  president  of  the  board  of  trustee.s  of  tlu^  district  and 
attested  by  the  coimly  auditor  of  said  innin  county,  and  shall  ho  num- 
bered consecutively  in  the  order  of  their  maturity,  and  shall  bear  in- 
terest at  a  rate  not  to  exceed  six  per  cent  per  annum,  payable  semi- 
annually on  the  first  day  of  January  and  the  first  day  of  July  in  each 
year  at  the  office  of  said  county  treasurer  upon  the  presentation'  of  the 
proper  coupons  therefor.     Coupons  for  each  installment  of  interest  shall 


299  POLITICAL   CODE,  §  3480 

be  attached  to  said  bonds  and  shall  bear  the  facsimile  signature  of  tlic 
county  auditor.  The  principal  of  said  bonds  shall  be  made  paj-able  on 
the  first  day  of  July,  or  the  first  day  of  January,  and  in  such  years  as 
the  trustees  may  prescribe,  but  said  bonds  shall  be  payable  serially 
within  twenty  years  from  their  date  in  the  manner  following,  to  wit: 

(1)  Not  less  than  ten  per  centum  of  the  aggregate  face  value  of  bonds 
issued  shall  be  payable  within  ten  years  from  their  date. 

(2)  Not  less  than  ten  per  centum  of  the  aggregate  face  value  of 
bonds  remaining  unpaid  at  the  end  of  ten  years  shall  be  payable  each 
year  beginning  with  the  eleventh  year  from  their  date,  until  the  whole 
amount  of  said  bonds  has  been  paid.  Said  bonds  shall  be  substantially 
in  the  following  form: 

United   States   of   America. 
State   of   California. 

County  of  .  ^ 

No.  .  $ . 

Eeclamation  District  No.  . 

Reclamation  District  No.  — - — ,  for  value  received  hereby  acknowl- 
edges itself  indebted  to  and  promises  to  pay  to  the  holder  hereof  at  the 

office  of  the   treasurer  of   said county,   in   the   state   of   California, 

on   the   first   day   of  19 — ,   the   sum   of   $- ,   in   gold   coin   of   the 

United  States  of  America,  with  interest  thereon  in  like  gold  coin  from 

date  hereof  until  paid,  at  the  rate  of per  cent,  per  annum,  payable 

at  the  office  of  said  treasurer  semi-annually  on  the  first  day  of  January 
and  the  first  day  of  July  in  each  year  on  presentation  and  surrender 
of  the  interest  coupons  hereto   attached.     This  bond  is  one  of  a  series 

of bonds  of  like  tenor  and  efEect,   except  as   to   denomination  and 

maturity,  numbered  from to  inclusive,  amounting  in  the  aggre- 
gate to  dollars,  issued  in   accordance   with   section  three   thousand 

four   hundred   eighty   of   the   Political   Code    of   the   state   of    California 

pursuant   to   an   election   held   in   said   reclamation    district   on   the 

day    of   ,    19 — ,    authorizing    its    issuance,    and    is    based    upon    and 

secured  by  an  assessment  levied  on  the  lands  in  said  district,  and  filed 

in  the  oflfice  of  the  county  treasurer  of  said  county  of on  the  

day  of  ,  19 — ,  and  the  said  reclamation  district  does  hereby  certify 

and  declare  that  said  election  was  duly  called  and  held  upon  due  notice, 
and  the  result  thereof  was  duly  canvassed  and  ascertained,  in  pursuance 
of  and  in  strict  conformity  with  the  laws  of  the  state  of  California 
applicable  thereto,  and  that  all  of  the  acts  and  conditions  and  things 
required  by  law  to  be  done,  precedent  to  and  in  the  issue  of  said  bonds 
have  been  done  and  have  been  performed  in  regular  and  in  due  form 
and  in  strict  accordance  with  the  provisions  of  the  law  authorizing  the 
issuance  of  reclamation  bonds. 

In  testimony  whereof,  the  said  district,  by  its  board  of  trustees,  has 
caused  this  bond  to  be  signed  by  the  president  of  said  board  and  attested 

by  the  auditor  of  said  county  of  with  his  seal  of  office  affixed  this 

^—  day  of  ,  19—. 

.  -        .^ 
President   of  said   board. 

Attest:  . 

Auditor   of   the   county   of ,   State   of   California. 


§  3480  POLITICAL    CODE,  300 

And  the  interest  coupons  may  be  substantially  in  the  following  form: 
No.  .  $ . 

The  county  treasurer  of  county,  California,  will  pay  to  the  holder 

hereof   on   the   day   of  ,   19 — ,   at  his   office  in   said   county   of 

■ ■  the  sum  of  $ in  gold  coin  of  the  United  States  out  of  the  funds 

of  Reclamation  District  No.^ for  interest  on   bond   of  said  district 

numbered  . 

County  auditor. 
The  treasurer  of  said  main  county  shall  place  the  bonds  prepared 
pursuant  to  this  act  to  the  credit  of  the  district.  Thereafter  when 
directed  by  resolution  of  the  trustees  of  the  district,  the  treasurer  of 
said  county  may  sell  the  whole  or  any  designated  number  of  said  bonds 
for  the  best  i>rice  obtainable  therefor,  but  in  no  event  for  less  than 
ninety  per  cent  of  the  face  value  of  said  bonds  and  the  accrued  interest 
thereon.*  Before  making  a  sale  of  said  bonds,  notice  shall  be  given  by 
the  said  county  treasurer  by  publication  at  least  once  a  week  for  two 
weeks  in  a  newspaper  of  general  circulation  published  in  said  main 
county,  that  he  will  sell  a  specified  amount  of  said  bonds,  and  stating 
the  day,  hour  and  place  of  such  sale,  and  asking  sealed  proposals  for 
the  purchase  of  said  bonds,  or  any  part  thereof.  At  the  time  appointed 
the  county  treasurer  shall  open  the  bids  and  award  the  bonds  to  the 
highest  responsible  bidder.  He  may,  and  upon  written  request  of  a 
majority  of  the  trustees  must,  reject  any  and  all  bids.  Any  sale  by 
the  county  treasurer  and  delivery  of  the  bonds  thereunder  shall  be  con- 
clusive evidence  in  favor  of  the  purchaser  and  all  subsequent  holders 
of  the  bonds  that  such  sale  was  made  upon  due  authority  and  notice. 
The  proceeds  of  sale  of  said  bonds  shall  be  placed  in  the  county  treasury- 
to  the  credit  of  said  district,  and  a  proper  record  of  such  transaction 
shall  be  made  upon  the  books  of  said  county  treasurer.  At  any  time 
within  thirty  days  after  said  bonds  shall  have  been  delivered  to  the 
treasurer  of  the  county,  an  action  may  be  commenced  in  the  superior 
court  of  said  main  county  by  the  trustees  of  said  reclamation  district 
in  its  name  against  the  lands  in  said  district  and  all  i^ersons  owning 
the  same  or  interested  therein,  to  have  it  determined  that  said  bonds 
are  a  legal  obligation  of  such  reclamation  district,  and  in  the  event  no 
such  action  is  brought  then  the  same  may  be  commenced  by  any  land 
owner  in  the  district  within  thirty  days  thereafter.  It  shall  be  suffi- 
cient to  describe  said  lands  as  all  lands  in  the  district  (naming  it)  with- 
out a  more  specific  description.  The  summons  shall  be  published  once 
a  week  for  two  weeks  in  some  newspaper  of  general  circulation  pub- 
lished in  the  county  where  the  action  is  pending.  Within  thirty  days 
after  the  first  publication  of  summons  any  owner  of  land  in  surli  dis- 
trict, or  any  person  interested,  may  appear  and  answer  the  complaint, 
which  answer  shall  set  forth  the  facts  relied  upon  to  show  tlie  invalidity 
of  said  bonds.  The  default  of  all  defendants  not  so  ajjpearing  may  be 
entered.  Such  action  shall  be  given  precedence  in  hearing  and  trial 
over  all  other  civil  actions  in  such  court,  and  judgment  rendered  declar- 
ing such  matter  so  contested  cither  valid  or  invalid.  Any  party  not  in 
default  may  have  the  right  to  appeal  to  the  su[)reni(!  court  within  thirty 


301  POLITICAL   CODE.  §  3480 

days,  after  entry  of  judgment.  Judgment  for  the  plaintiff  in  such  pro- 
ceedings shall  be  considered  as  a  judgment  in  rem  and  shall  be  conclu- 
sive against  said  district  and  against  all  lands  therein  and  ;ill  owners 
thereof  and  other  interested  persons. 

The  board  of  trustees  of  said  district  may  draw  warrants  upon  the 
said  county  treasurer  against  the  funds  provided  by  sale  of  bonds,  which 
said  warrants  shall  be  approved  by  the  board  of  supervisors  of  said 
main   county. 

All  moneys  collected  by  any  county  treasurer  upon  any  assessment 
upon  which  bonds  shall  have  been  issued,  including  all  moneys  derived 
from  sale  of  land  for  delinquent  installments,  or  from  redemption  thereof, 
or  from  sale  of  lands  bought  by  the  treasurer  at  any  such  sale,  shall  be 
by  such  treasurer  forthwith  paid  into  the  main  county  treasury  to  the 
credit  of  the  bond  fund  of  such  reclamation  district,  and  shall  be  used 
exclusively  for  the  payment  of  principal  and  interest  of  said  bonds 
issued  on  such  assessment. 

The  bonds  of  reclamation  districts  issued  pursuant  to  this  act  which 
have  been  investigated  and  certified  by  any  officer  of  this  state  now  or 
hereafter  authorized  to  make  such  investigation  and  certification  and  by 
the  authority  of  which  certification  are  declared  to  be  legal  for  invest- 
ments by  savings  banks  of  this  state  may  be  lawfully  purchased,  or 
received  in  pledge  for  loans  by  savings  banks,  trust  companies,  insur- 
ance companies,  guardians,  executors,  administrators  and  special  admin- 
istrators, or  by  anj^  public  officer  or  officers  of  this  state  or  of  any 
county,  city  or  city  and  county  or  other  municipal  or  corporate  body 
within  this  state  having  or  holding  funds  wliich  they  are  allowed  by  law 
to  invest  or  loan. 

If  the  trustees  deem  it  advisable  they  may  order  a  special  election  to 
be  held  prior  to  making  an  assessment,  to  determine  whether  or  not 
bonds  shall  be  issued  for  an  amount  to  be  stated  in  the  order  for  such 
election,  but  no  bonds  shall,  in  such  instance,  be  issued  until  an  assess- 
ment for  the  amount  of  the  bonds  authorized  at  such  election  shall  have 
been  made  and  filed  with  the  county  treasurer. 

The  lien  of  any  unpaid  assessment  upon  which  bonds  shall  have  been 
issued  shall  continue  until  all  said  bonds  shall  have  been  paid  in  full, 
and  if  for  a.ny  reason  any  part  of  such  principal  or  interest  of  said 
bonds  shall  remain  unpaid  after  enforcement  of  said  assessment  as  in 
this  article  provided,  the  board  of  supervisors  of  the  main  county  shall 
order  an  additional  or  supplemental  assessment  to  be  made  as  provided 
in  section  three  thousand  four  hundred  fifty-nine,  sufficient  to  pay  such 
unpaid  principal  and  interest;  which  additional  or  supplemental  assess- 
ment shall  be  enforced  and  collected  in  the  same  manner  as  the  original 
assessment. 

If  any  district  having  authorized  the  issuance  of  a  series  of  bonds 
shall  issue  an  additional  series  of  bonds  based  on  another  assessment, 
the  dates  of  maturity  of  such  additional  series  of  bonds  shall  be  such 
that  the  latest  maturities  thereof  shall  not  exceed  thirty  years  and 
the  earliest  maturity  of  bonds  of  such  additional  series  shall  be  later 
than  the  latest  maturity  of  bonds  of  any  earlier  series.  All  provisions 
of  this  section  relative  to  the  original  issue  of  bonds  shall  apply  to  such 


§  3480  POLITICAL   CODE.  302 

additional  series  of  bonds  so  far  as  applicable  and  also  so  far  as  appli- 
cable shall  affect  existing  reclamation  districts  as  well  as  those  here- 
after formed. 

Any  district  which  has  issued  bonds  of  different  denominations,  may, 
by  an  order  entered  in  its  minutes,  upon  request  of  holders  thereof,  and 
upon  the  deposit  of  the  bonds  issued  and  outstanding  with  the  board 
of  trustees,  issue  to  the  holders  of  such  deposited  bonds,  bonds  of  the 
district  in  the  same  form  but  in  different  denominations,  but  having 
the  same  aggregate  face  value  and  maturity.  Such  bonds  shall  be 
executed  by  all  of  the  persons  who  are  required  by  law  to  execute  the 
original  bonds  for  which  such  exchange  is  made,  and  the  said  bonds  so 
deposited  shall  be  thereupon  canceled  by  the  treasurer  of  the  main 
county  and  the  board  of  trustees  of  the  district. 

Whenever  in  any  reclamation  district  in  the  state  a  bond  issue  of 
said  district  has  been  authorized  prior  to  this  amendment  then  the 
provisions  of  this  section  hereby  amended  in  respect  to  the  manner  of 
procedure  by  which  the  assessments  are  called  in  to  meet  payments  on 
account  of  principal  or  interest  of  such  bonds,  and  also  the  provision 
herein  contained  by  which  the  assessinent  shall  continue  in  full  force 
and  effect  as  constituting  a  lien  upon  the  several  tracts  of  land  within 
said  district  under  the  provisions  of  section  three  thousand  four  hundred 
sixty-three  of  this  code  until  the  principal  and  interest  of  all  bonds 
issued  on  the  basis  of  said  assessment  shall  have  been  paid  in  full, 
shall  apply  to  and  inure  to  the  benefit  of  the  bonds  which  may  have 
been  issued  by  any  reclamation  district  in  this  state  prior  to  the  date 
of  the  enactment  of  this  amendment. 

Upon  a  sale  of  any  of  the  bonds  provided  herein  the  county  treas- 
urer of  the  main  county  is  hereby  authorized  to  accept  in  payment  for 
said  bonds,  either  in  whole  or  in  part,  outstanding  warrants  of  such 
district  at  their  face  value,  together  with  the  accrued  interest  thereon. 

Where  bonds  of  the  district  have  been  authorized  to  be  issued  on 
such  assessments  all  unpaid  assessments  shall  bear  interest  at  the  rate 
of  seven  per  cent  per  annum  from  the  date  of  the  bonds  issued  thereon 
until  such  bonds  shall  have  been  fully  paid  and  discharged,  and  the 
interest  due  at  any  time  on  said  unpaid  assessments  may  be  called  with- 
out calling  any  installment  of  the  said  assessment.  The  word  install- 
ment as  used  in  this  section  shall  be  construed  as  applying  to  interest 
as  well  as  the  principal  as  the  case  may  be. 

At  least  ninety  days  before  any  interest  date  of  tlie  bonds,  the  county 
treasurer  of  tlie  main  county  shall  estimate  the  amount  of  money 
necessary  to  pay  interest  and  principal  maturing  on  such  interest  date 
after  crediting  thereon  the  funds  in  the  treasury  applicable  to  the  pay- 
ment thereof,  and  shall  add  thereto  fifteen  per  cent  of  such  aggregate 
Bum  to  cover  possible  delinquencies,  and  said  county  treasurer  shall 
thereupon  cause  to  be  published  once  a  week  for  two  weeks  in  some 
newspaper  of  general  circulation  published  in  said  county  a  notice  sub- 
stantially in  the  following  form: 

(Name  of  reclamation  district.)  Notice  is  hereby  given  that  an  in- 
stallment of  assessment  (describing  it)  of  (amount  or  proportion  thereof 
including  interest  thereon  or  only  for  interest)   is  payable  within  thirty 


303  '  POLITICAL   CODE,  §  3480 

days  from  (date)  by  all  assessed  land  owners  of  said  district  in  the 
county  of  (name  of  county)  to  tlie  treasurer  of  said  county.  All  or  any 
part  of  said  installment  or  interest  whicli  shall  remain  unpaid  on  the 
(day  fixed)  will  be  delinquent,  together  with  accrued  interest  tliereon, 
with  twenty  per  cent  of  such  installment  and  interest  added  as  penalty. 

Dated   (date). 

(Signed)     — 

Treasurer  of  county. 

If  no  newspaper  is  published  in  said  county,  such  publication  shall  be 
made  in  a  newspaper  published  in  an  adjoining  county.  If  any  part  of 
such  installment  or  any  interest  thereon  shall  remain  unpaid  at  the  ex- 
piration of  thirty  days  from  the  date  of  said  notice,  it  shall  become 
delinquent  and  twenty  per  cent  of  the  unpaid  amount  of  said  install- 
ment and  interest  shall  be  added  thereto  and  collected  by  said  treasurer. 
When  any  installment  shall  have  become  delinquent,  said  treasurer  shall 
within  ten  days  publish  once  a  week  for  two  weeks  in  a  newspaper  of 
general  circulation  in  said  county  (or  if  no  newspaper  is  published 
therein,  then  in  a  newspaper  published  in  an  adjoining  county),  a  notice 
containing  a  description  of  each  parcel  of  land  assessed  in  the  district 
in  said  county  whereon  such  installment  is  delinquent,  as  such  descrip- 
tion appears  on  the  assessment  list,  the  name  of  the  person  to  whom  it 
is  assessed,  to  unknown  owners  if  such  is  the  fact;  the  amount  of  the 
installment  delinquent  on  such  parcel,  the  amount  of  interest  thereon 
reckoned  to  the  day  of  sale,  the  amount  of  said  twenty  per  cent  penalty 
thereon,  and  a  notice  that  each  of  said  parcels  will  be  sold  at  public 
auction  by  said  county  treasurer  in  front  of  the  courthouse  of  said 
county,  at  a  specified  day  and  hour  which  shall  not  be  less  than  thirty 
days  nor  more  than  sixty  days  from  the  date  of  delinquency,  to  pay 
said  delinquent  installment,  with  said  accrued  interest  and  penalty.  At 
the  time  stated  in  said  notice,  the  county  treasurer  shall  sell  each  parcel 
of  land  described  in  said  notice  to  the  highest  bidder,  unless  prior  there- 
to he  shall  have  received  payment  in  full  of  said  delinquent  installment 
together  with  such  interest  and  penalty.  No  bid  for  any  parcel  shall  bo 
accepted  less  than  the  aggregate  sum  then  due  on  said  installment 
thereon,  with  interest  and  penalty,  and  such  sale  shall  be  made  for 
cash  (except  the  treasurer  may  receive  from  any  purchaser  at  their 
face  value  in  lieu  of  cash,  bonds  of  said  district  or  their  interest  coupons, 
issued  on  said  assessment  and  then  matured  or  to  mature  within  sixty 
tlays  after  such  sale).  Any  bond  or  coupon  so  received  in  payment  shall 
be  by  the  treasurer  forthwith  canceled  and  filed  in  the  office  of  the 
treasurer  of  the  county  wherein  the  greater  part  of  the  land  of  the 
district  is  situated,  hereinafter  called  the  main  county.  If  the  entire 
amount  of  any  such  bond  or  coupon  tendered  in  payment  shall  not  be 
required  to  complete  payment  of  the  purchase  money,  the  treasurer  shall 
indorse  thereon  as  paid,  the  amount  of  such  purchase  money  credited 
thereon.  If  no  bid  is  made  for  any  parcel  at  such  sale  equal  to  the 
amount  of  the  installment  delinquent  thereon,  with  interest  and  penalty, 
the  treasurer  shall  bid  in  and  sell  said  parcel  to  himself  and  his  suc- 
cessors in  office,  as  trustee  of  the  bond  fund  of  said  district,  as  pur- 
chaser, for  the  amount  of  said  installment,  interest  and  penalty.  The 
treasurer  shall  execute  to  each  purchaser,  including  himself  as  a  trustee, 


§  3480  POLITICAL   CODE.  '  304 

a  certificate  of  sale,  and  shall  record  a  duplicate  in  the  county  recorder's 
office.  Any  person  interested  in  the  said  property  may  redeem  the  same 
at  any  time  within  one  year  after  the  date  of  sale,  by  paying  to  the 
county  treasurer  for  such  purchaser  a  sum  equal  to  the  purchase  price 
stated  in  the  certificate,  with  interest  thereon  at  the  rate  of  twelve 
per  cent  per  annum  from  the  date  of  sale  to  such  redemption.  If  no 
redemption  shall  be  made  within  one  year,  the  treasurer  upon  demand 
and  surrender  of  such  certificate  of  purchase,  shall  execute  to  the  pur- 
chaser, his  heirs  or  assigns,  a  deed  of  conveyance  of  the  parcel  of  land 
described  in  such  certificate,  which  deed  shall  convey  to  the  grantee 
therein  named  the  said  land  free  and  clear  of  all  encumbrances,  except 
state,  county  and  municipal  taxes,  and  except  any  portion  of  any  re- 
clamation assessment  remaining  unpaid  at  the  date  of  said  sale;  each 
installment  whereof  may  be  called  and  collected  as  herein  provided, 
except  that  no  parcel  sold  and  conveyed  to  the  district  shall  thereafter 
be  subject  to  sale  by  the  treasurer  for  delinquent  installments.  Every 
deed  by  a  county  treasurer  purporting  to  be  executed  under  this  section 
shall  be  prima  facie  evidence  of  the  truth  of  the  matters  therein  recited, 
and  of  ownership  by  the  grantee  to  the  lands  therein  described.  The 
treasurer  of  the  main  county  shall  credit  to  the  bond  fund  of  the  dis- 
trict all  money  collected  by  him  by  sale  or  otherwise,  upon  assessments 
against  which  bonds  shall  have  been  issued,  including  interest  and  penal- 
ties, and  all  moneys  received  by  him  from  treasurers  of  other  counties 
upon  account  of  such  assessments,  and  he  shall  likewise  credit  to  said 
fund  the  amounts  of  purchase  money  paid  in  bonds  or  coupons  on  sales 
made  for  said  assessment  by  himself  or  reported  to  him  by  any  other 
treasurer.  Each  treasurer  shall  charge  to  the  general  fund  of  the  dis- 
trict, or  to  its  bond  fund  if  he  has  no  money  to  the  credit  of  its  general 
fund,  the  expense  of  publication  of  notices  and  of  recording  certificates 
of  sale.  The  treasurer  of  any  county  other  than  the  main  county  shall 
without  delay  account  for  and  transmit  to  the  treasurer  of  the  main 
county  all  money  collected  by  him  upon  any  assessment  by  sale  or 
otherwise,  deducting  his  expenses  of  publication  and  recording  and  shall 
also  transmit  all  canceled  bonds  and  coupons  received  in  payment  on  any 
delinquent  sale,  and  a  memorandum  of  all  sums  indorsed  as  paid  upon 
account  of  purchase  money  on  any  bonds  or  coupons,  specifying  the  same. 
All  moneys  collected  by  any  treasurer  upon  account  of  an  assessment 
on  which  bonds  shall  not  have  been  issued  shall  be  similarly  accounted 
for  and  transmitted  to  the  treasurer  of  the  main  county,  and  shall  be 
credited  by  him  to  the  general  fund  of  the  district.  Any  parcel  of  land 
bid  in  and  purchased  by  a  treasurer  as  aforesaid,  as  trustee  of  the  bond 
fund  of  the  district,  may  be  sold  and  conveyed  by  him  or  his  successor 
ill  office  at  any  time  after  the  expiration  of  said  redemption  period  of 
one  year,  at  public  or  private  sale  and  with  or  without  notice,  to  any 
jKTSon  paying  him  the  amount  for  which  said  parcel  was  bid  in  by  said 
treasurer  at  delinquent  sale,  with  interest  thereon  at  the  rate  of  seven 
jicr  cent  per  annum,  compounded  yearly,  from  the  date  of  said  delin- 
(juent  sale,  and  also  the  amount  of  all  subsequent  installments  then  de- 
linquent, with  accrued  interest  and  penalties  thereon.  Such  payment 
may  be  made  either  in  cash  or  in  matured  bonds  and  coupons  issued  on 
said   assessment,  taken   at  tlieir  face  value,  nnd  the  treasurer  shall   exe- 


305  POLITICAL   CODE.  §  3513 

cute  a  deed  to  such,  purchaser  upon  such  sale,  conveying  said  property 
free  of  encumbrance  except  state,  county  and  municipal  taxes,  and  the 
unpaid  balance  of  said  assessment.  If  any  land  so  held  by  a  county 
treasurer  as  trustee  of  the  bond  fund  of  a  district  shall  remain  unsold 
after  the  final  installment  of  the  assessment  shall  have  been  collected 
by  payment  or  sale,  then  each  such  treasurer  shall  sell  all  said  land  so 
held  by  him  at  public  auction  to  the  highest  bidder  for  cash,  upon  two 
weeks  published  notice,  and  shall  deposit  the  proceeds  of  such  sale  in 
the  treasuiy  of  the  main  county,  to  the  credit  of  the  bond  fund  of  the 
district.  Any  balance  remaining  in  such  bond  fund,  after  payment  in 
full  of  the  2:)rincipal  and  interest  of  all  outstanding  bonds  of  the  district, 
shall  be  by  the  treasurer  transferred  to  the  general  fund  of  the  dislnict. 
In  the  event  that  ownership  of  any  property  in  the  district  is  changed 
after  the  making  of  the  last  assessment-roll  for  the  district,  the  owner 
thereof  shall  be  entitled  to  vote  thereon  upon  production  of  the  original 
or  of  certified  copy  of  the  record  thereof  in  the  office  of  the  county 
recorder  of  the  county  in  which  the  property  is  situate.  Any  person  not 
legally  qualified  to  vote  who  shall  make  any  false  statement  in  respect 
to  his  right  to  vote  shall  incur  all  of  the  penalties  provided  in  the  Penal 
Code  of  the  state  of  California  for  persons  illegally  voting  at  elections. 
[Amendment  approved  May  2G,  1917;   Stats.  1917,  p.  IISI.] 

§  3513.     Nonpayment  of  principal  and  interest  on  state  lands.     Cer- 
tificate of  purchase  void,  when.     Land  excepted.     Notice  of  forfeiture. 

In  case  payment  is  not  made  within  fifty  days,  the  lands  described  in 
the  survey  or  location  revert  to  the  state  without  suit,  and  the  survey 
or  location  is  void.  All  subsequent  payments  must  be  made  to  the  county 
treasurer,  in  like  manner,  who  must  indorse  the  same  upon  the  certificate 
of  purchase.  The  treasurer  must  direct  the  jiurchaser  to  take  the  cer- 
tificate of  purchase  so  indorsed  to  the  auditor,  who  must  charge  the 
treasurer  with  the  amount  received,  and  make  his  check  upon  the  in- 
dorsed receipt.  If  any  interest  on  the  unpaid  portion  of  the  purchase 
price  of  said  lands,  be  not  paid  on  or  before  the  thirtieth  day  of  June 
following  the  first  day  of  January  upon  which  such  interest  becomes  due, 
ten  per  centum  of  the  amount  thereof  is  hereby  added  as  a  penalty  for 
such  delinquency.  If  such  delinquent  interest,  and  penalty,  be  not  paid 
on  or  before  the  thirty-first  day  of  December  of  such  year  an  additional 
penalty  of  ten  per  centum  of  the  amount  of  such  delinquent  interest  is 
hereby  imposed  upon  the  person  or  persons  liable  for  the  payment 
thereof.  If  such  delinquent  interest,  and  penalties,  be  not  paid  on  or 
before  the  thirtieth  day  of  June  of  the  year  following,  the  certificate 
of  purchase  shall  ipso  facto  become  null  and  void,  and  the  lands  de- 
scribed therein  revert  to  the  state  without  suit,  and  shall  again  become 
subject  to  entry  and  sale  in  the  same  manner  and  subject  to  the  same 
conditions  as  apply  to  other  state  lands  of  like  character.  In  the  event 
of  the  happening  of  the  contingency  last  mentioned,  all  moneys  previ- 
ously paid  on  account  of  the  purchase  price  of  such  lands,  whether  for 
principal  or  interest,  shall  become,  and  are  hereby  determined  and  de- 
clared to  be  forfeited  to  the  state,  and  neither  such  delinquent  purchaser 
nor  anyone  claiming  under  him  shall  be  entitled  to  recover  the  same 
or  any  part  thereof.  The  penalties  and  forfeitures  herein  provided  for 
20 


§§  3607-3610  POLITICAL  code.  306 

shall  not  apply  to  any  land  for  which  certificates  of  purchase  were  issued 
prior  to  May  first,  A.  D.  one  thousand  nine  hundred  eleven,  nor  to  lands 
within  any  reclamation  district,  after  certificate  of  the  board  of  super- 
visors that  works  of  reclamation  have  been  commenced  in  such  district 
has  been  filed  in  the  register's  ofiSce.  Whenever  any  penalty,  or  penal- 
ties, hereby  imposed  has,  or  have,  accrued,  the  treasurer  must  in  all  cases 
collect  the  full  amount  thereof  before  indorsing  his  receipt  upon  such 
certificate,  and  the  auditor  must  ascertain  such  fact  before  appending  his 
check  thereto.  Immediately  following  the  thirtieth  day  of  June,  A.  D.  one 
thousand  nine  hundred  eighteen,  and  annually  thereafter,  the  register 
of  the  state  land  office  shall  note  upon  his  records  all  forfeitures  herein 
and  hereby  declared,  and  shall  forward  to  the  recorder  of  each  county 
wherein  any  of  said  lands  may  be  situate  a  notice  of  such  forfeiture, 
stating  therein  the  name  and  postoffice  address  of  the  purchaser,  and 
the  name  and  postoffice  address  of  the  assignee,  grantee,  or  successor  in 
interest  of  such  purchaser  in  all  cases  wherein  notice  of  any  assign- 
ment of  such  certificate  of  purchase,  or  of  any  conveyance  or  other  trans- 
fer of  title  to  any  part  of  the  lands  therein  described  shall  have  been 
filed  in  his  office  prior  to  the  date  of  such  forfeiture,  such  notice  shall 
also  show  the  number  and  date  of  the  survey  or  location  and  of  the 
certificate  of  purchase,  and  shall  contain  a  description  of  the  lands 
affected  thereby.  It  shall  be  the  duty  of  the  recorder  to  receive  and  file 
such  notice  and  to  record  the  same  in  a  book  of  deeds.  Such  notice  is, 
from  the  time  it  is  filed  in  the  recorder's  office,  constructive  notice  of 
the  contents  thereof  to  subsequent  purchasers  and  mortgagees,  and  to 
all  other  persons  who  may  thereafter  attempt  to  acquire  any  interest  in, 
or  lien  upon,  any  of  the  lands  in  such  notice  described.  [Amendment 
approved  April  5,  1917;  Stats.  1917,  p.  64.] 

§  3607.  Property  subject  to  taxation.  All  property  in  this  state, 
except  as  otherwise  provided  in  the  constitution  of  this  state,  is  subject 
to  taxation.  Nothing  in  this  code  shall  be  construed  to  require  or 
permit  double  taxation.  [Amendment  approved  Mav  11,  1917;  Stats. 
a917,  p.  427.] 

§  3608.  Shares  of  stock  in  corporations.  Shares  of  stock  in  corpora- 
tions possess  no  intrinsic  value  over  and  above  the  actual  value  of  the 
property  of  the  corporation  which  they  stand  for  and  represent.  The 
assessment  and  taxation  of  such  shares,  and  also  of  all  corporate  prop- 
erty would  be  double  taxation.  All  property  belonging  to  corporations 
shall  be  assessed  and  taxed,  in  the  manner  provided  by  law;  but  no 
assessment  sliall  be  made  of  shares  of  stock  in  any  corporation  except 
as  prescribed  in  the  constitution  of  this  state  and  the  laws  enacted 
pursuant  to  such  provisions  of  the  constitution.  [Amendment  approved 
May   11,   1917;   Stats.   1917,  p.  427.] 

§3609.  Shares  of  national  banks.  [Repealed  1917;  Stats.  1917, 
]..  12S.J 

§3610.  Shares  of  national  banks.  [RcpcaU'.l  1917;  Slats.  1917, 
u.  428.1 


307  I'Oi.iTicAL  CODE.  §§3627-3629 

§3627.  Assessed  at  full  cash  valae.  All  taxable  property  must  bo 
assessed  at  its  full  cash  value.  Land  and  improvements  thereon  shall 
be  separately  assessed.  Cultivated  and  uncultivated  land,  of  the  same 
quality,  and  similarly  situated,  shall  be  assessed  at  the  same  value. 
[Amendment  approved  May  11,   1917;   Stats.   1917,  p.  42S.] 

§  3628.  Assessment  of  taxable  property.  Except  as  otherwise  pro- 
vided in  the  constitution  of  this  state,  all  taxable  property  shall  be 
assessed  in  the  county,  city,  city  and  county,  town,  township,  or  district 
in  which  it  is  situated.  Land  shall  be  assessed  in  parcels,  or  subdi- 
visions, not  exceeding  six  hundred  forty  acres  each;  and  tracts  of  lantl 
containing  more  than  six  hundred  forty  acres,  which  have  been  section- 
ized  by  the  tTnited  States  government,  shall  be  assessed  by  sections  or 
fractions  of  sections.  Land  sold  by  the  state  for  which  no  patent 
has  been  issued,  shall  be  assessed  the  same  as  other  land,  but  the  owner 
shall  be  entitled  to  a  deduction  from  such  assessed  valuation  in  the 
amount  due  the  state  as  principal  upon  the  purchase  price.  The  assessor 
must,  between  the  first  Mondays  in  March  and  July  of  each  year, 
ascertain  the  names  of  all  taxable  inhabitants,  and  all  the  property 
in  his  county  subject  to  taxation,  except  such  as  is  required  to  be 
assessed  by  the  state  board  of  equalization  and  must  assess  such  prop- 
erty to  the  persons  by  whom  it  was  owned  or  claimed,  or  in  whose 
possession  or  control  it  was,  at  twelve  o'clock  meridian  of  the  first 
Monday  in  March  next  preceding;  but  no  mistake  in  the  name  of  the 
owner  or  supposed  owner  of  real  property  shall  render  the  assessment 
thereof  invalid.  In  assessing  solvent  credits,  not  secured  by  mortgage 
or  trust  deed  on  real  estate,  a  deduction  therefrom  shall  be  made  of 
debts  due  to  bona  fide  residents  of  this  state.  [Amendn>ont  approved 
May  11,  1917;  Stats.  1917,  p.  428.] 

§  3629.  Statement  of  property  owned.  The  assessor  must  exact  from 
each  person  a  statement,  under  oath,  setting  forth  specifically  all  the 
real  and  personal  property  owned  by  such  person,  or  in  his  possession, 
or  under  his  control,  at  twelve  o'clock  M.  on  the  first  Monday  in  March. 
Such  statement  shall  be  in  writing,  showing  separately: 

1.  All  property  belonging  to,  claimed  by,  or  in  the  possession  or  under 
the   control  or  management   of  such   person. 

2.  All  property  belonging  to,  claimed  by,  or  in  the  possession  or 
under  the  control  or  management  of  any  firm  of  which  such  person  is 
a  member. 

3.  All  property  belonging  to,  claimed  by,  or  in  the  possession  or 
under  the  control  or  management  of  any  corporation  of  which  such 
person  is  president,  secretary,  cashier,  or  managing  agent. 

4.  The  county  in  which  such  property  is  situated,  or  in  which  it  is 
liable  to  taxation,  and,  if  liable  to  taxation  in  the  county  in  which  the 
statement  is  made,  also  the  city,  town,  township,  school  district,  road 
district,  or  other  revenue  districts  in  which  it  is  situated. 

5.  An  exact  description  of  all  lands,  in  parcels  or  subdivisions,  not 
exceeding  six  hundred  forty  acres  each,  and  the  sections  and  fractional 
sections  of  all  tracts  of  land  containing  more  than  six  hundred  forty 
acres,  which  have  been  sectionized  by  the  United   States  government, 


§§  3641-3650  poLiTicAx,  code.  308 

improvements  and  personal  property,  including  all  vessels,  steamers,  and 
other  watercraftj  and  all  taxable  state,  county,  city,  or  other  municipal 
or  public  bonds,  and  the  taxable  bonds  of  any  person,  firm,  or  corpora- 
tion, and  deposits  of  money,  gold-dust,  or  other  valuables,  and  the 
names  of  the  persons  with  whom  such  deposits  arc  made,  and  tlie  places 
in  which  they  may  be  found. 

6.  All  solvent  credits,  unsecured  by  deed  of  trust,  mortgage,  or  other 
lien  on  real  or  personal  property,  due  or  owing  to  such  person,  or  any 
firm  of  which  he  is  a  member,  or  due  or  owing  to  any  corporation  of 
which  he  is  president,  secretary,  cashier,  or  managing  agent,  deducting 
from  the  sum  total  of  such  credits  such  debts  only,  unsecured  by  trust 
deed,  mortgage,  or  other  lien  on  real  or  personal  property,  as  may  be 
owing  by  such  person,  firm,  or  corporation  to  bona  fide  residents  of 
this  state.  No  debts  shall  be  so  deducted  unless  the  statement  shows 
the  amount  of  such  debt  as  stated  under  oath  in  aggregate.  Whenever 
one  member  of  a  firm,  or  one  of  the  proper  officers  of  a  corporation,  has 
made  a  statement  showing  the  property  of  the  firm  or  corporation, 
another  member  of  the  firm,  or  another  officer,  need  not  include  such 
property  in  the  statement  made  by  him;  but  his  statement  must  show 
the  name  of  the  person  or  officer  who  made  the  statement  in  which 
such  property  is  included.  [Amendment  approved  May  11,  1917;  Stats. 
1917,  p.  429.] 

§  3641.     Property    of     firm    or    corporation     assessed    where    situated. 

[Eepealed  1917;  Stats.  1917,  p.  429.] 

§  3643.  Ferries.  A  ferry-boat  is  a  vessel  traversing  across  any  of 
the  waters  of  the  state,  between  two  constant  points,  regularly  employed 
for  the  transfier  of  passengers  and  freight,  authorized  by  law  so  to  do. 
Where  ferries  connect  more  than  one  county,  the  wharves,  storehouses, 
and  all  stationary  property  belonging  to  or  connected  with  such  fer- 
ries, must  be  assessed,  and  the  taxes  paid,  in  the  county  where  located. 
The  value  of  all  watercraft,  and  of  all  toll  bridges  connecting  more 
than  one  county,  must  be  assessed  in  equal  proportions  in  the  counties 
connected  by  such  ferries  or  toll  bridges.  [Amendment  a])proved  May 
11,  1917;  Stats.  1917,  p.  429.] 

§3650.  Assessment-book.  Listing  of  property.  The  assessor  must 
prepare  an  assessment-book,  with  ai)propriate  headings  as  directed  by 
the  state  board  of  ecpialization,  in  which  must  be  listed  all  property 
within  the  county,  and  which  siiall  show  under  the  approjjriate  head: 

1.  The  name  and  postoffice  address,  if  known,  of  the  person  to  whom 
the  property  is  assessed. 

2.  Land,  by  township,  range,  section,  or  fractional  section;  and  when 
Hucli  land  is  not  a  congressional  division  or  subdivision,  by  metes  and 
bounds,  or  otlier  description  sufficient  to  identify  it,  giving  an  estimate 
of  the  number  of  acres,  not  exceeding  in  any  tract  six  hundred  forty 
acres,  locality,  and  the  improvements  thereon.  When  any  tract  of  land 
is  situated  in  two  or  more  school,  road,  or  other  revenue  districts  of 
tlie  county,  the  part  in  each  such  district  must  be  separately  assessed., 
The  iinjirovenients  to  be  as.sessed  against  the  jiarticular  Section,  tract, 
or  lot  of  land  upon  which  they  are  located;  city  and  town  lots,  naming 


309  POLITICAL   CODE.  §  3663 

the  city  or  town,  and  the  number  of  the  lot  and  block,  according  to  the 
system  of  numbering  in  such  city  or  town,  and  the  improvements 
thereon. 

3.  All  property  within  the  limits  of  an  incorporated  city  or  town 
shall  be  assessed  in  an  assessment-book  separate  and  distinct  from  the 
assessment-book  containing  the  assessment  of  property  situate  outside 
the  limits  of  such  incorporated  city  or  town;  or,  if  but  one  assessment- 
book  is  used,  then  in  a  separate  and  distinct  part  of  such  book;  pro- 
vided, that  all  property  assessed  shall  be  arranged  on  the  assessment- 
book  by  elementary  school  districts,  as  such  districts  are  legally  formed 
and  exist  on  the  first  Monday  in  March  of  each  year;  provided,  further, 
that  where  any  school  district  embraces  property  situate  both  within 
and  without  the  limits  of  an  incorporated  city  or  town,  such  property 
shall  be  assessed  and  kept  separate  and  distinct  on  the  assessment- 
book. 

4.  All  personal  property,  showing  the  number,  kind,  amount,  and 
quality;  but  a  failure  to  enumerate  in  detail  such  personal  property 
does  not  invalidate  the  assessment. 

5.  The  cash  value  of  real  estate. 

6.  The  cash  value  of  improvements  on  such  real  estate. 

7.  The  cash  value  of  improvements  on  real  estate  assessed  to  persons 
other  than  the  owners  of  the  real  estate. 

8.  The  cash  value  of  all  personal  property,  exclusive  of  money. 

9.  The  amount  of  money. 

10.  Taxable  improvements  owned  by  any  person,  firm,  association,  oi 
corporation,  located  upon  land  exempt  from  taxation,  shall,  as  to  the 
manner  of  assessment,  be  assessed  as  other  real  estate  upon  the  assess- 
ment-book. No  value  shall,  however,  be  assessed  against  the  exempt 
land,  nor  under  any  circumstances  shall  the  land  be  charged  with  or 
become  responsible  for  the  assessment  made  against  any  taxable  im- 
provements located  thereon. 

11.  The  school,  road,  and  other  revenue  districts  in  which  each  piece 
of  property  assessed  is  situated. 

12.  The   total  value   of  all   property. 

13.  In  entering  assessments  containing  solvent  credits  subject  to 
deductions,  as  provided  in  section  three  thousand  six  hundred  twenty- 
eight  of  this  code,  he  must  enter  in  the  proper  column  the  value  of  the 
debts  entitled  to  exemption  and  deduct  the  same.  In  making  the  de- 
ductions from  the  total  value  of  property  assessed,  as  above  directed, 
he  must  enter  the  remainder  in  the  column  provided  for  the  total  value 
of  all  property  for  taxation. 

14.  Such  other  things  as  the  state  board  of  equalization  may  require. 
[Amendment  approved  June   1,   1917;   Stats.  1917.   p.   1643.] 

§3663.  Water  ditches.  Water  ditches  constructed  for  mining,  manu- 
facturing, or  irrigation  purposes,  and  wagon  and  turnpike  toll  roatls, 
must  be  assessed  the  same  as  real  estate  by  the  assessor  of  the  county, 
at  a  rate  per  mile  for  that  portion  of  such  property  as  lies  within  his 
county.      [Amendment  approved  May  11,  1917;   Stats.   1917,  p.  430.] 


§§  366J:,  3664a        political  code.  310 

§  3664,  Taxes  for  state  purposes.  Taxes  levied,  assessed  and  col- 
lected as  hereinafter  provided  ujion  railroads,  including  street  railways, 
whether  operated  in  one  or  more  counties;  sleeping-car,  dining-car, 
drawing-room  car  and  palaee-car  companies,  refrigerator,  oil,  stock,  fruit, 
and  other  car-loaning  and  other  car  companies  operating  upon  railroads 
in  this  state;  companies  doing  express  business  on  any  railroad,  steam- 
boat, vessel,  or  stage  line  in  this  state;  telegraph  companies;  telephone 
companies;  companies  engaged  in  the  transmission  or  sale  of  gas  or 
electricity;  insurance  companies;  banks,  banking  associations,  savings 
and  loan  societies,  and  trust  companies;  and  taxes  upon  all  franchises 
of  every  kind  and  nature,  shall  be  entirely  and  exclusively  for  state 
purposes,  and  shall  be  assessed  and  levied  by  the  state  board  of  equal- 
ization, and  collected  in  the  manner  hereinafter  provided.  The  word 
"company"  and  the  word  "companies"  as  used  in  section  fourteen  of 
article  thirteen  of  the  constitution  of  this  state  and  in  the  sections  of 
this  code  enacted  to  carry  the  same  into  effect  shall  include  persons, 
partnerships,  joint  stock  associations,  companies,  and  corporations 
[New  section  added  May  11,  1917;  Stats.  1917,  p.  337.] 

Old  section  3661,  relating  to  statements  by  officers  of  corporations 
to  the  state  board  of  equalization,  was  repealed  in  1917  (Stats.  1917, 
p.  336). 

§  3664a,  Public  utilities  to  pay  state  tax.  Percentage  of  gross  re- 
ceipts. 1.  All  railroad  companies,  including  street  railways,  whether 
operated  in  one  or  more  counties;  all  sleeping-car,  dining-car,  drawing- 
room  car  and  palace-car  companies,  all  refrigerator,  oil,  stock,  fruit,  and 
other  car-loaning,  and  other  car  companies,  operating  upon  the  railroads  in 
this  state;  all  companies  doing  express  business  on  any  railroad,  steam- 
boat, vessel,  or  stage  line  in  this  state;  all  telegraph  and  telephone  com- 
panies; and  all  companies  engaged  in  the  transmission  or  sale  of  gas  or 
electricity  shall  annually  pay  to  the  state  a  tax  upon  their  franchises, 
roadways,  roadbeds,  rails,  rolling  stock,  poles,  wires,  pipes,  canals,  con- 
duits, rights  of  way,  and  other  property,  or  any  part  thereof,  used  exclu- 
sively in  the  operation  of  their  business  in  this  state,  computed  as 
follows:  Said  tax  shall  be  equal  to  the  percentages  hereinafter  fixed 
upon  the  gross  receipts  from  operation  of  such  companies  and  each 
thereof  within  this  state. 

2.  Companies  partly  within  and  without  state.  When  such  companies 
are  operating  partly  within  and  partly  without  this  state,  the  gross  re- 
ceipts within  this  state  shall  be  deemed  to  be  all  receipts  on  business 
beginning  and  ending  within  this  state,  and  a  proportion,  based  upon 
the  proportion  of  the  mileage  within  this  state  to  the  entire  mileage 
over  which  such  business  is  done,  of  receipts  on  all  business  passing 
throngli,  into,  or  out  of  this  state. 

3.  Percentages.  The  percentages  above  mentioned  shall  be  as  follows: 
On  all  railroad  companies,  including  street  railways,  five  and  one-fourth 
per  cent;  on  all  sleeping-car,  dining-car,  drawing-room  car,  palace-car 
companies,  refrigerator,  oil,  stock,  fruit,  and  other  car-loaning,  and 
other  car  compaTiies,  three  and  ninety-five  liundredths  per  cent;  on  all 
companies  doing  express  business   on  any   railroad,  steamboat,   vessel   or 


311  POLITICAL  CODE.       §§  3664b,  3664c 

stage  line,  nine-tenths  of  one  per  cent;  on  all  telegraph  and  telephone 
companies,  four  and  two-tenths  per  cent;  on  all  companies  engaged  in 
the  transmission  or  sale  of  gas  or  electricity,  five  and  six-tenths  per 
cent. 

4.  In  lieu  of  other  taxes.  Such  taxes  shall  be  in  lieu  of  all  other 
taxes  and  licenses,  state,  county,  and  municipal,  upon  the  property  above 
enumerated  of  such  companies  except  as  otlierwise  provided  in  section 
fourteen  of  article  thirteen  of  the  constitution  of  this  state. 

5.  '"Municipal"  defined.  The  word  "municipal"  as  used  in  section 
fourteen  of  article  thirteen  of  the  constitution  of  this  state  and  in  the 
sections  of  this  code  enacted  to  carry  the  same  into  effect  shall  apply 
to  incorporated  towns  and  cities  formed  under  article  eleven  of  the  con- 
stitution of  this  state  and  to  none  other.  [New  section  added  May  11, 
1917;  Stats.  1917,  p.  337.] 

§  3664;b.  Tax  on  gross  premiums  of  insurance  companies.  Every  in- 
surance company  or  association  doing  business  in  this  state  shall  an- 
nually pay  to  the  state  a  tax  of  two  per  cent  upon  the  amount  of  the 
gross  premiums  received  upon  its  business  done  in  this  state,  less  return 
premiums  and  reinsurance  in  companies  or  associations  authorized  to  qo 
business  in  this  state;  provided,  that  there  shall  be  deducted  from  said 
two  per  cent  upon  the  gross  premiums  the  amount  of  any  county  and 
municipal  taxes  paid  by  such  companies  on  real  estate  owned  by  them 
in  this  state.  This  tax  shall  be  in  lieu  of  all  other  taxes  and  licenses, 
state,  county,  and  municipal,  upon  the  property  of  such  companies,  ex- 
cept county  and  municipal  taxes  on  real  estate,  and  except  as  otherwise 
provided  in  the  constitution  of  this  state;  provided,  that  when  by  the 
laws  of  any  other  state  or  country,  any  taxes,  fines,  penalties,  licenses, 
fees,  deposits  of  money,  or  of  securities,  or  other  obligations  or  prohibi- 
tions, are  imposed  on  insurance  companies  of  this  state,  doing  business 
in  such  other  state  or  country,  or  upon  their  agents  therein,  in  excess 
of  such  taxes,  fines,  penalties,  licenses,  fees,  deposits  of  money,  or  of 
securities,  or  other  obligations  or  prohibitions,  imposed  uj^on  insurance 
companies,  of  such  other  state  or  country,  so  long  as  such  laws  continue 
ill  force,  the  same  obligations  and  prohibitions  of  whatsoever  kind  must 
be  imposed  by  the  insurance  commissioner  upon  insurance  companies  of 
such  other  state  or  country  doing  business  in  this  state.  [New  section 
added  May  11,  1917;  Stats.  1917,  p.  337.] 

§  3664c.  Tax  on  bank  stock.  1.  The  shares  of  capital  stock  of  all 
banks,  organized  under  the  laws  of  this  state,  or  of  the  United  States, 
or  of  any  other  state  and  located  in  this  state,  shall  be  assessed  and 
taxed  to  the  owners  or  holders  thereof  by  the  state  board  of  equaliza- 
tion, in  the  manner  hereinaft'Jr  provided,  in  the  city  or  town  where  the 
bank  is  located  and  not  elsewhere.  There  shall  be  levied  and  assessed 
upon  such  shares  of  capital  stock  an  annual  tax,  payable  to  the  state,  of 
one  and  sixteen  hundredths  per  centum  upon  the  value  thereof.  The 
value  of  each  share  of  stock  in  each  bank,  except  such  as  are  in  liquida- 
tion, shall  be  taken  to  be  the  amount  paid  in  thereon,  together  with  its 
pro  rata  of  the  accumulated  surplus  and  undivided  profits.     The  value  of 


§  3664c  POLITICAL    CODE.  312 

each  share  of  stock  in  each  bank  which  is  in  liquidation  shall  be  taken 
to  be  its  pro  rata  of  the  actual  assets  of  such  bank. 

2.  In  lieu  of  other  taxes.  This  tax  shall  be  in  lieu  of  all  other  taxes 
and  licenses,  state,  county,  and  municipal,  upon  such  shares  of  stock 
and  upon  the  property  of  such  bank,  except  county  and  municipal  taxes 
on  real  estate  and  except  as  otherwise  provided  in  the  constitution  of 
this  state. 

3.  Value  of  real  estate  deducted.  In  determining  the  value  of  the 
capital  stock  of  any  bank  there  shall  be  deducted  from  the  value,  as 
defined  above,  the  value,  as  assessed  for  county  taxes,  of  any  real  estate, 
other  than  mortgage  interests  therein,  owned  by  such  bank  and  taxed 
for  county  purposes. 

4.  Banks  liable  for  tax.  The  banks  shall  be  liable  to  the  state  for 
this  tax  and  the  same  shall  be  paid  to  the  state  by  them  on  behalf  of 
the  stockholders  in  the  manner  and  at  the  time  hereinafter  provided, 
and  they  sh^ll  have  a  lien  upon  the  shares  of  stock  and  upon  any  divi- 
dends declared  thereon  to  secure  the  amount  so  paid. 

5.  Tax  on  unincorporated  banks.  The  moneyed  capital,  reserve,  sur- 
plus, undivided  profits,  and  all  other  property  belonging  to  unincorpo- 
rated banks  or  bankers  of  this  state,  or  held  by  any  bank  located  in 
this  state  w^hich  has  no  shares  of  capital  stock,  or  employed  in  this  state 
by  any  branches,  agencies,  or  other  representatives  of  any  banks  doing 
business  outside  of  the  state  of  California,  shall  be  likewise  assessed 
and  taxed  to  such  banks  or  bankers  by  the  said  board  of  equalization, 
in  the  same  manner  as  above  provided  for  incorporated  banks,  and  taxed 
at  the  same  rate  that  is  levied  upon  the  shares  of  capital  stock  of  in- 
corporated banks,  as  provided  in  the  first  paragraph  of  this  section. 

6.  Branch  of  bank  doing  business  outside  of  state.  In  the  case  of  n 
branch,  an  agency,  or  other  representative  of  any  bank  doing  business 
outside  of  this  state,  the  capital  of  said  branch,  agency,  or  representa- 
tive used  in  this  state  shall  be  taken  to  be  the  average  amount  owed 
t)v  the  said  branch,  agency,  or  representative  to  the  bank  of  which  it 
is  a  branch,  agency,  or  representative  during  the  year  ending  the  first 
Monday  in  March.  The  value  of  said  property  shall  be  determined  by 
taking  the  entire  property  invested  in  such  business,  together  with  all 
reserve,  surplus,  and  undivided  profits,  at  their  full  cash  value,  and  de- 
ducting therefrom  the  value  as  assessed  for  county  taxes  of  any  real 
estate,  other  than  mortgage  interests  therein,  owned  by  such  bank  or 
banker  and  taxed  for  county  purposes.  Such  taxes  shall  be  in  lieu  of 
all  other  taxes  and  licenses,  state,  county  and  municipal,  upon  the  prop- 
erty of  tlie  banks  and  bankers  mentioned  in  this  section,  except  county 
and  municipal  taxes  on  real  estate,  and  except  as  otherwise  provided  in 
tlie  constitution  of  this  state.  All  moneyed  capital  and  property  of  the 
banks  and  bankers  mentioned  in  this  paragraph  shall  be  assessed  and 
taxed  at  tiic  same  rate  as  an  incori)Orated  bank,  provided  for  in  this 
section.  In  iletermining  the  value  of  the  moneyed  capital  and  property 
of  the  banks  and  bankers  mentioned  in  this  section,  the  said  state  board 
of  efjiinliz.'itinn   Hhall   include  and   assess  to  such  banks  all   property  and 


313  POLITICAL  CODE.  §§  3664d-3665a 

everything  of  value  ovi^ned  or  held  by  them  which  would  go  to  make  up 
the  value  of  the  capital  stock  of  such  banks  and  bankers,  if  the  same 
were  incorporated  and  had  shares  of  capital  stock. 

7.  "Banks"  deifined.  The  word  "banks"  as  used  in  section  fourteen  of 
article  thirteen  of  the  constitution  of  this  state  and  in  the  sections  of 
this  code  enacted  to  carry  the  same  into  effect  shall  include  banking 
associations,  unincorporated  banks  and  bankers,  branches,  agencies  or 
other  representatives  of  any  banks  doing  business  outside  of  the  state 
of  California,  savings  and  loan  societies,  and  such  trust  companies,  as 
conduct  the  business  of  receiving  money  on  deposit,  but  shall  include 
building  and  loan  associations.  [New  section  added  May  11,  1917;  Stats. 
1917,  p.  338.] 

§  3664d.  Assessment  and  tax  of  franchises.  All  franchises,  other  than 
those  of  the  companies  mentioned  in  sections  three  thousand  six  hundred 
sixty-four  a,  three  thousand  six  hundred  sixty-four  b,  and  three  thousand 
six  hundred  sixty-four  c  of  this  code,  shall  be  assessed  at  their  actual 
cash  value,  after  making  due  deduction  for  goodvvrill,  in  the  manner 
hereinafter  provided,  and  shall  be  taxed  at  the  rate  of  one  and  two- 
tenths  per  centum  each  year,  and  the  taxes  collected  thereon  shall  be 
exclusively  for  the  benefit  of  the  state.  These  franchises  shall  include 
the  actual  exercise  of  the  right  to  be  a  corporation  and  to  do  business 
as  a  corporation  under  the  laws  of  this  state  and  the  actual  exercise 
of  the  right  to  do  business  as  a  corporation  in  this  state  when  such  right 
is  exercised  by  a  corporation  incorporated  under  the  laws  of  any  other 
state  or  country,  also  the  right,  authority,  privilege,  or  permission  to 
maintain  wharves,  ferries,  toll  roads,  and  toll  bridges,  and  to  construct, 
maintain  or  operate,  in,  under,  above,  upon,  through  or  along  any  streets, 
highways,  public  places,  or  waters,  any  mains,  piiaes,  canals,  ditches, 
tanks,  conduits  or  other  means  for  conducting  water,  oil,  or  other  sub- 
stances.     [New  section  added  May   11.   1917;   8tats.   1917,  p.  338.] 

§  3665.  Municipal  franchises  and  privileges.  Nothing  in  any  section 
of  this  code  shall  be  construed  to  release  any  company  from  the  pay- 
ment of  any  amount  agreed  to  be  paid  or  required  by  law  to  be  paid, 
now  or  hereafter,  for  any  special  privilege  or  franchise  granted  by  any 
of  the  municipal  authorities- of  this  state.  [New  section  added  May  11, 
1917;   Stats.   1917,  p.  340.] 

The   old   section   36(i5,   relating   to   the   assessment   of   railway    fran- 
chises and  property,  was  repealed  in  1917   (Stats.  1917,  p.  336). 

§  3665a.  "Gross  receipts  from  operation"  defined.  Hearing  on  claim 
of  double  taxation.  1.  The  term  "gross  receipts  from  operation"  as  used  in 
section  three  thousand  six  hundred  sixty-four  a  of  this  code  is  hereby 
defined  to  include  all  sums  received  from  business  done  within  this  state, 
during  the  year  ending  the  thirty-first  day  of  December  last  preceding, 
including  the  company's  proportion  of  gross  receipts  from  any  and  all 
sources  on  account  of  business  done  by  it  within  this  state,  in  connection 
with  other  companies  described  in  said  section. 

Any  company  claiming  that  the  levy  of  the  percentage  fixed  by  section 
three  thousand  six  hundred  sixty-four  a  of  this   code  on  the  total  gross 


§  3665b  POLITICAL   CODE.  314 

receipts  of  sucli  company  results  in  double  taxation  of  the  property  of 
such  company,  may  make  application  to  the  state  board  of  equalization 
for  a  hearing  on  such  matter.  Said  board  shall  have  power  to  take 
evidence  and  determine  the  facts  with  respect  to  such  clafm  and  in  event 
said  beard  finds  the  claim  of  such  company  to  be  true,  said  board  may 
authorize  such  company  to  deduct  from  its  reported  gross  receipts  that 
amount  of  such  receipts  which,  if  included  in  such  total  gross  receipts, 
would  cause  such  double  taxation. 

2.  Companies  partly  within  and  without  state.  In  case  of  companies 
operating  partly  within  and  partly  without  this  state,  the  gross  receipts 
within  this  state  shall  be  deemed  to  be  all  receipts  on  business  beginning 
and  ending  within  this  state,  and  the  proportion  based  upon  the  propor- 
tion of  the  mileage  within  this  state  to  the  entire  mileage  over  which  sucli 
business  is  done,  of  receipts  on  all  business  passing  through,  into  or  out 
of  this  state. 

3.  No  deductions  allowed.  No  deduction  shall  be  allowed  from  the 
gross  receipts  from  operation  for  commissions,  rebates,  or  other  repay- 
ments, except  only  such  refunds  as  arise  from  errors  or  overcharges; 
nor  shall  any  deduction  be  allowed  for  payments  from  gross  receipts  to 
other  companies  for  any  purpose  whatsoever,  except  such  refunds  as 
arise  from  errors  or  overcharges. 

4f  Income  from  nonoperative  property  not  included.  Income  derived 
from  property  not  defined  in  this  section  and  in  sections  three  thousand 
six  hundred  sixty-four  a,  three  thousand  six  hundred  sixty-five  h  and  three 
thousand  six  hundred  sixty-five  c  of  this  code  as  operative  property  shall 
not  be  included  in  the  gross  receipts  for  the  purpose  of  determining  the 
tax  on  the  property  and  franchises  provided  for  in  section  three  thousand 
six  hundred  sixty-four  a  of  this  code.  [New  section  added  May  11,  1917; 
Stats.  1917,  p.  341.] 

§  3665b.  "Operative  property."  The  term  "operative  property"  as 
used  in  any  section  of  this  code  shall  include: 

(a)  Railroad  companies.  In  the  case  of  railroad  companies,  including 
street  railways:  The  franchises,  roadway,  roadbed,  rails,  rolling  stock, 
rights  of  way,  sidings,  spur-tracks,  switches,  signal  systems,  cranes  and 
structures  used  in  loading  and  unloading  cars,  fences  along  the  right 
of  way,  poles,  wires,  conduits,  power  lines,  pi'crs,  used  exclusively  in  the 
operation  of  the  railroad  business,  depot  grounds  and  buildings,  ferry- 
boats, tugs  and  ear-floats  used  exclusively  in  the  operation  of  the  rail- 
road business;  machine-shops,  repair-shops,  roundhouses,  car  barns,  power- 
iiouscs,  substations,  and  other  buildings,  used  in  the  operation  of  the 
railroad  business  and  so  much  of  the  land  on  which  said  shops,  houses, 
barns,  and  other  buildings  are  situate  as  may  be  required  for  the  con- 
venient use  and  occupation  of  said  buildings. 

(b)  Car  companies.  In  the  case  of  sleeping  car,  dining  car,  drawing- 
room  ear  ami  palace  car  companies,  refrigerator,  oil,  stock,  fruit,  and 
other  car-loaning,  and  other  oar  companies  operating  ujion  railroads  in 
tliis  stnti':   'I'lie  f rniicliiscs,  cars,  and  other  rolling  stock. 


315  POLITICAL  CODE.  §  3665b 

(e)  Express  companies.  In  the  case  of  companies  doing  express  busi- 
ness on  any  railroad,  steamboat,  vessel,  or  stage  line  in  tiiis  state:  The 
franchises,  cars,  trucks,  wagons,  horses,  liarness,  and  safes. 

(d)  Telegraph  and  telephone  companies.  In  the  ease  of  telegrapli  and 
telephone  companies  doing  business  in  this  state:  The  franchises,  rights 
of  way,  poles,  wires,  pipes,  conduits,  cables,  switchboards,  telegraph  and 
telephone  instruments,  batteries,  generators,  and  other  electrical  appli- 
ances, and  exchange  and  other  buildings  used  in  the  telegraph  and  tele- 
phone business  and  so  much  of  the  land  on  which  said  buildings  are 
situate  as  may  be  required  for  the  convenient  use  and  occupation  of  said 
buildings. 

(e)  Gas  and  electric  companies.  In  the  case  of  companies  engaged  in 
the  transmission  or  sale  of  gas  or  electricity:  The  franchises,  towers, 
poles,  wires,  pipes,  canals,  tunnels,  ditches,  flumes,  aqueducts,  conduits, 
rights  of  way,  dams,  reservoirs,  water  and  water  rights  used  exclusively 
in  the  business  of  the  transmission  or  sale  of  gas  or  electricity;  trans- 
formers, substations,  gas-holders,  gas  and  electric  generators,  switches, 
switchboards,  meters,  electrical  and  gas  appliances,  oil-tanks,  power 
plants,  power-houses,  and  other  buildings  and  structures  used  in  the 
operation  of  the  business  of  the  transmission  or  sale  of  gas  or  electricity 
and  so  much  of  the  land  on  which  said  buildings  and  structures  are 
situate  as  may  be  required  for  the  convenient  use  and  operation  of  said 
buildings;  provided,  that  the  operative  property  of  the  companies  enum- 
erated in  this  section,  shall  also  include  any  other  property  not  above 
enumerated  that  may  be  reasonably  necessary  for  use  by  said  companies 
exclusively  in  the  operation  and  conduct  of  the  particular  kinds  of  busi- 
ness enumerated  in  section  three  thousand  six  hundred  sixty-four  a  of 
this  code.  The  operative  property  mentioned  in  subdivisions  (a),  (b), 
(c),  (d),  and  (e),  of  this  section  shall  not  be  subject  to  taxation  for 
county,  municipal,  or  district  purposes  except  as  otherwise  provided  for 
in  the  constitution  and  laws  of  this  state;  provided,  however,  that  when 
any  piece  or  parcel  of  property  in  this  state  owned  by  any  of  the  com- 
panies mentioned  in  section  three  thousand  six  hundred  sixty-four  a  of 
this  code  is  used  partially  \>y  such  company  for  any  use  reasonably  neces- 
sary to  the  operation  of  any  of  the  lines  of  business  enumerated  in  said 
section  and  such  property  is  also  partially  rented  to  or  used  by  others 
or  is  partially  used  by  the  company  for  some  other  lines  of  business  not 
among  those  so  enumerated,  or  for  purposes  not  reasonably  necessary  to 
the  operation  of  any  of  said  enumerated  lines  of  business,  it  shall  be 
considered  operative  property  in  that  proportion  only  which  that  part 
of  the  property  mentioned  in  this  proviso  used  by  the  company  in  the 
operation  of  any  of  said  enumerated  lines  of  business  boars  to  the  whole 
of  the  property  mentioned  in  this  proviso. 

2.  Construction  property  nonoperative.  Any  property  of  the  classes 
mentioned  in  this  section  owned  by  a  company  constructing  a  new  rail-, 
road,  street  railway,  telegraph  or  telephone  system,  or  plant  or  system 
for  the  transmission  or  sale  of  gas  or  electricity,  no  part  of  which  new 
road,  line,  plant  or  system  is  in  operation,  and  the  same  classes  of  prop- 
erty when  held  by  an  operating  company  solely  for  the  construction  of 
a  new  railroad  or  railway  line,  a  new  telegraph  or  telephone  system,  or  a 


§  3665c  POLITICAL  CODE.  316 

new  plant  or  system  for  the  transmission  or  sale  of  gas  or  electricity, 
and  not  to  be  used  for  betterments  or  additions  to  roads,  lines,  plants,  or 
systems  already  under  operation,  shall  not  be  considered  operative  prop- 
erty and  shall  be  subject  to  assessment  and  taxation  for  county,  muni- 
cipal, and  district  purposes.  Any  part  of  such  property  of  any  company 
mentioned  in  this  section  shall  be  classed  and  assessed  as  operative  prop- 
erty when  the  state  board  of  equalization  shall  determine  that  sueh 
property  is  rendering  a  substantial  public  service. 

3.  Rules  of  state  board  of  equalization.  The  state  board  of  equaliza- 
tion shall  have  power  to  make  rules  and  issue  instructions  not  incon- 
sistent with  the  constitution  and  laws  of  this  state  for  the  guidance  of 
assessors  in  determining  what  is  operative  property  and  what  is  non- 
operative  property  of  companies  named  in  this  section.  [New  section 
added  May  11,  19i7;  Stats.  1917,  p.  341.] 

§  3665c.  Annual  report  by  companies.  Such  person  or  officer,  as  the 
state  board  of  equalization  may  designate,  of  each  of  the  companies 
mentioned  in  section  three  thousand  six  hundred  sixty-four  a  of  this 
code,  shall  within  ten  days  after  the  first  Monday  in  March  of  each 
year,  file  with  the  said  board  a  report  signed  and  sworn  to  by  one  or  more 
of  said  persons  or  officers,  showing  in  detail  for  the  year  ending  the 
thirty-first  day  of  December  last  preceding,  the  various  items  as  follows: 

1.  Name,  etc.  The  name  of  the  company,  its  nature,  whether  a  person 
or  persons,  a  partnership  (with  names  of  partners),  an  association,  or  cor- 
poration, and  under  the  laws  of  what  state,  territory  or  country  organized, 
the  nature  of  its  business,  the  location  of  its  principal  place  of  business, 
the  names  and  postoffice  addresses  of  its  president,  secretary,  auditor, 
treasurer,  superintendent,  and  general  manager,  the  location  of  its  prin- 
cipal place  of  business  in  this  state,  the  name  and  postoffice  address  of 
its  chief  officer  or  managing  agent  in  this  state,  and  the  names  and 
addresses  of  all  subsidiary  companies  whose  property  and  business  are 
operated  by  it  and  the  names  and  addresses  of  any  company  of  which  it 
may   be  subsidiary. 

2.  Operative  property.  Each  of  the  companies  mentioned  in  said  sec- 
tion shall  report,  in  such  detail  as  the  state  board  of  equalization  shall 
prescribe,  ail  of  its  property  in  this  state  which  comes  under  the  definition 
of  operative  property  in  section  three  thousand  six  hundred  sixty-five  b 
of  this  code.  When  any  such  company  operates  both  within  and  with- 
out this  state  it  shall  report  the  mileage  over  which  it  operates  both 
within  and  without  this  state.  It  shall  also  report  the  location  of  said 
firoperty  within  this  state  by  counties,  cities  and  counties,  municipalities, 
and  districts,  in  siu-h  m'anner  and  in  such  detail  as  said  board  of  equaliza- 
tion shall  prescribe.  It  shall  also,  at  the  same  time,  furnish  a  duplicate 
of  the  report  cov'ering  so  much  of  said  property  as  is  located  in  any 
count}',  city  and  county,  munici|)ality,  or  district,  to  the  assessor  of  the 
county,  city  and  county,  city  or  district  in  which  such  ])ro[)erty  is  located. 

Tlie  state  board  of  equalization  may  require  the  filing  in  its  office  of 
maps  descriptive  of  all  the  operative  property  of  any  such  companies, 
and  may  jirescribe  the  form  and  size  of  sucli  maps  and  the  details  to  be 
shown    therein,   and    may    require   that   similar   maps   descriptive   of   the 


317  POLITICAL   CODE.  §  3665c 

operative  property  within  each  county,  city  and  county,  municipality,  or 
district,  shall  be  filed  in  the  assessor's  office  in  each  county,  city  and 
county,  city,  or  district  in  which  any  of  said  property  is  located. 

3.  Capital  stock.  The  amount  of  capital  stock  issued,  and  the  amount 
of  money  rcL-oived  therefor,  showing  separately  the  capital  stock  issued 
and  the  money  received  therefor  of  the  operating  company  and  of  each 
subsidiary   company  in  this  state. 

4.  Dividends.  The  dividends  paid  during  the  year  ending  the  thirty- 
first  day  of  December  last  preceding,  the  surplus  fund,  if  any,  on  said 
thirty-first  day  of  December,  or  between  such  periods  as  the  state  board 
of  equalization  may  determine,  those  of  the  operating  company  and  of 
each   subsidiary   company  in  this  state  to  be  shown   separately. 

5.  Debts.  The  funded  and  floating  debts  and  the  rate  of  interest 
thereon,  showing  separately  the  debts  of  the  operating  company  and 
of  each  subsidiary  company  in  this  state,  on  the  thirty-first  day  of  Decem- 
ber last  preceding. 

6.  Value  of  stock.  The  market  value  of  the  stock  and  of  the  out- 
standing bonds,  or,  when  said  stock  or  bonds  have  no-  market  value,  the 
actual  value  thereof,  for  such  periods  and  for  such  dates  as  the  state 
board    of   equalization    shall   prescribe. 

7.  Improvements.  The  amounts  ^xpended  for  improvements  during  the 
year  ending  the  thirty-first  day  of  December  last  preceding,  how  ex- 
pended and   the   character  of   the   improvements. 

8.  Gross  receipts.  The  gross  receipts  from  operation  within  this  state 
for  the  year  ending  the  thirty-first  day  of  December  last  preceding,  the 
gross  receipts  from  such  classes  of  business  as  the  state  board  of  equaliza- 
tion may  designate,  to  be  reported  separately;  also,  where  the  property 
and  business  are  partly  within  and  partly  without  this  state,  the  gross 
receipts  for  said  period  on  all  business  beginning  and  ending  entirely 
within  this  state,  and  that  proportion  of  the  gross  receipts  from  all 
business  passing  through,  into,  or  out  of  this  state,  which  the  mileage 
within  this  state  bears  to  the  total  mileage  over  which  such  interstate 
business  is  done  as  further  defined  in  section  three  thousand  six  hundred 
sixty-five  a  of  this  code. 

9.  Expenses.     The   operating  and   other   expenses. 

in.  Profit  and  loss.  The  balances  of  profit  and  loss,  between  such 
periods   as   the   state   board    of   equalization   may   determine. 

11.  Other  matters.  Subsidiary  companies.  Defined.  Such  other  mat- 
ters as  the  state  board  of  equalization  may  deem  necessary  in  order  to 
enable  it  to  assess  and  levy  the  taxes  provided  for  in  section  fourteen 
of  article  thirteen   of  the  constitution  of  this  state. 

Each  such  company  shall  include  in  its  report  the  property  and  business 
of  all  subsidiary  companies  as  that  term  is  hereinafter  defined  in  this 
section,  whose  property  and  business  are  operated  by  it,  whether  by 
virtue  of  a  lease,  an  operating  contract  or  agreement,  of  by  virtue  of 
control  through  the  ownership  of  stock  or  otherwise,  even  though  such 
subsidiary  companies  maintain  an  independent  legal  existence  and 
separate  accounts. 


§  3666  POLITICAL   CODE.  318 

The  term  "subsidiary  company"  is  hereby  defined  as  applying  to  a 
company  which  is  merged  in  the  operating  system  of  an  operating  com- 
pany in  any  of  the  ways  above  stateil,  whose  property  and  franchises 
would  be  taxable  under  section  three  thousand  six  hundred  sixty-four  a 
of  this  code  if  the  same  were  operated  independently.  No  separate  report 
need  be  rendered  by  a  subsidiary  company  whose  property,  franchises, 
and  operations  are  fully  and  completely  covered  by  the  report  of  an 
operating  company,  unless  the  state  board  of  equalization  shall  deem 
such  a  separate  report  necessary. 

Each  such  company  operating  the  property  or  business  of  a  subsidiary 
company  in  some  line  of  business  to  which  a  different  percentage  of  the 
gross  receipts  is  applied  by  said  section  from  that  applied  by  said  section 
to  tue  gross  receipts  of  the  operating  company,  shall  report  such  receipts 
of  the  subsidiary  company  separately.  [New  section  added  May  11, 
1917;  Stats.  1917,  p.  313.]  " 

§  3666.  Notice  by  assessor  of  property  regarded  nonoperative.  Hear- 
ing. 1.  If  any  assessor  finds  in  the  report  of  the  operative  property  in  his 
county,  city  and  county,  municipality,  or  district,  furnished  to  him  by 
any  of  the  companies  as  required  in  section  three  thousand  six  hundred 
sixty-five  c  of  this  code,  any  piece  or  parcel  of  property  which  he  re- 
gards as  nonoperative  property,  or  ^lartially  ojDerative  and  partially  non- 
operative,  he  shall,  within  thirty  days  after  receiving  such  report,  notify 
the  state  board  of  equalization  thereof  by  mail,  which  notice  shall 
contain  a  general  description  of  the  property  and  the  assessor's  reasons 
for  regarding  the  same  as  nonoperative  property.  He  shall  also  mail  a 
copy  of  the  notice  to  the  company  whose  property  is  involved.  The  said 
board  shall  investigate  the  nature  of  the  property  and  its  use,  and,  if 
an  agreement  between  the  said  board,  the  assessor,  and  the  company  as 
to  the  proper  classification  of  such  property  cannot  be  reached,  then  the 
said  board  shall,  under  such  rules  of  notice  as  it  may  deem  reasonable, 
set  a  date  for  a  hearing,  at  which  the  assessor  and  the  company  may 
be  present  or  represented.  At  such  hearing  the  board  shall,  from  the 
evidence  presented  and  from  the  best  information  it  can  obtain  decide 
the  matter  in  dispute,  and  determine  whether  such  property  is  operative 
or  nonoperative  or  in  what  proportion  operative  and  in  what  proportion 
nonoperative.  The  said  board  shall  enter  its  decision  in  its  minutes, 
and  shall  send  a  copy  thereof  to  the  county  assessor  and  the  company, 
and  also  to  the  j)roper  officer  of  any  municipality  affected  thereby.  Said 
decision  shall  be  binding  upon  all  parties,  the  state,  the  county,  city  and 
county,  municipality,  or  district,  and  the  company,  unless  set  aside  by  a 
court  of  competent  jurisdiction,  and  each  such  assessor  must  note  the 
decision  on  his  assessment-roll,  and  must  assess  such  property  accordingly. 

2.  Notice  by  state  board  of  equalization  of  property  regarded  nonop- 
erative. Hearing.  If  the  state  board  of  equalization  sliall  find  in  the 
ii'port,  of  ojicrat ivc  property  furnislied  to  said  board  by  any  company 
under  tJie  provisions  of  section  three  thousand  six  hundred  sixty-five  c 
of  this  code,  any  piece  or  parcel  of  property  which  said  board  regards' 
as  nonoperative  property,  or  partially  operative  and  partially  nonop- 
erative, the  board  shall,  within  thirty  days  after  receiving  such  report, 
notify    said    company    thereof    in    writing,    wliii-h    notice    ■<\\\\\\    contain    a 


319  POLITICAL  CODE.  §  3666a 

general  description  of  the  property  and  tlie  reasons  for  regarding  the 
same  as  nonoperative.  It  shall  also  mail  a  copy  of  the  notice  to  any 
assessor  in  whose  county,  city  and  county,  municipality,  or  district  the 
property  is  located.  If  an  agreement  between  the  said  board,  the  as- 
sessor, and  the  company  as  to  the  proper  classification  of  such  property 
cannot  be  reached,  then  the  said  board  shall,  under  such  rules  of  notice 
as  it  may  deem  reasonable,  set  a  date  for  a  hearing,  at  which  the  assessor 
and  the  company  may  be  present  or  represented.  At  such  hearing  the 
board  shall,  from  the  evidence  presented  and  from  the  best  information 
it  can  obtain,  decide  the  matter  in  dispute,  and  determine  whether  such 
property  is  operative  or  nouoperative,  or  in  what  proportion  operative 
and  in  what  proportion  nouoperative.  The  said  board  shall  enter  its 
decision  in  its  minutes,  and  shall  send  a  copy  thereof  to  the  county 
assessor  and  the  company,  and  also  to  the  proper  officer  of  any  municipal- 
ity affected  thereby.  Said  decision  shall  be  binding  upon  all  parties, 
the  state,  the  county,  city  and  county,  municipality,  or  district,  and  the 
company,  unless  set  aside  by  a  court  of  competent  jurisdiction,  and  each 
such  assessor  must  note  the  decision  on  his  assessment-roll  and  must 
assess  the  property  accordingly.  [New  section  added  May  11,  1917; 
Stats.  1917,  p.  345.]      ■ 

Old  section  366li  relating-  to  the  record  of  assessment  of  railwaN-s  was 
repealed  May  11,  1917;   Stats.   1917,  p.  336. 

§  3666a.  Report  by  insurance  commissioner.  List  of  companies  subject 
to  additional  tax.     Statements  by  companies  to  insurance  commissioner. 

The  insurance  commissioner  of  this  state  must  on  or  before  the  last  day 
of  March  in  each  year  make  and  file  with  the  state  board  of  equalization 
a  report  showing: 

1.  All  companies,  domestic  and  foreign,  and  all  firms,  associations,  or 
persons,  engaged  in  the  business  of  insurance  in  this  state. 

2.  The  total  amount  of  the  gross  premiums  received  from  its  business 
in  this  state  by  each  of  said  companies,  firms,  associations,  and  persons 
during  the  year  ending  the  thirty-first  day  of  December  last  preceding. 

3.  The  amount  of  return  premiums  paid  on  business  done  in  this  state 
and  the  amount  of  reinsurance  on  business  done  in  this  state  paid  to 
other  insurance  companies  or  associations  authorized  to  do  business  in 
this  state,  by  said  companies,  firms,  associations,  and  persons,  during 
said  year. 

4.  The  amount  of  any  county  and  municipal  taxes  paid  during  said  year 
by  such  companies  on  real  estate  owned  by  them  in  this  state,  and  where 
faid  real  estate  is  located. 

In  making  this  rei^ort  he  shall  list  separately  all  those  companies,  firms, 
associations,  or  persons,  which,  under  the  second  proviso  in  subdivision 
(b)  of  section  fourteen  of  article  thirteen  of  the  constitution  and  of  sec- 
tion three  thousand  six  hundred  sixty-four  b  of  this  code,  are  subject  to 
a  tax  at  a  rate  higher  than  two  per  cent  on  their  gross  premiums,  or  to 
any  additional  tax  or  burden,  and  shall  indicate  in  each  case  the  amount 
and  character  of  said  tax  or  burden.  Every  company,  firm,  association, 
or  person  engaged  in  the  business  of  insurance  in  this  state  shall  file 
with  the  insurance  commissioner  on  or  before  the  first  Monday  in  March 
in   each  year  such  statements  in  addition  to,  or  in  modification  of,,  the 


§§  3666b,  3666c       political  code.  320 

statements  required  to  be  rendered  under  the  provisions  of  article  six- 
teen of  chapter  three  of  title  one  of  part  three  of  the  Political  Code  as 
said  insurance  commissioner  shall  deem  necessary  to  enaVjle  him  to  pre- 
pare the  report  required  of  him  in  this  section  and  said  statements  shall 
be  verified  in  the  same  manner  as  is  provided  for  the  verification  of  other 
statements  by  insurance  companies  in  section  six  hundred  ten  of  the 
Political  Code,  except  that,  those  filed  by  foreign  companies  shall  be 
verified  by  the  oath  of  the  manager  thereof  residing  within  this  state. 
[New  section  added  May  11,  1917;  Stats.  1917,  p.  347.] 

§  3666b.  Statement  by  banks.  The  president,  secretary,  treasurer, 
cashier,  or  such  other  otiticer  as  the  state  board  of  equalization  may  de- 
termine, of  every  bank  referred  to  in  section  fourteen  of  article  thirteen 
of  the  constitution  of  this  state,  shall  on  the  first  Monday  in  March  or 
within  ten  days  thereafter  make  and  file  with  the  state  board  of  equaliza- 
tion a  sworn  statement  showing  the  condition  of  said  bank  at  the  close 
of  business  on  the  first  Monday  in  March,  and  showing  the  amount  of  its 
authorized  capital  stock,  the  number  of  shares  issued  and  the  par  value 
thereof,  the  amount  received  for  stock  issued,  the  amount  of  its  surplus 
and  undivided  profits,  if  any,  a  complete  list  of  the  names  and  residences 
of  its  stockholders  and  the  number  of  shares  held  by  each  as  of  record 
on  the  books  of  the  bank  at  the  close  of  business  on  the  first  Monday  in 
March  J  or,  in  the  case  of  unincorporated  banks  and  bankers,  of  banks 
having  no  capital  stock  and  of  branches,  agencies,  or  other  representa- 
tives of  banks  doing  business  outside  of  this  state,  the  moneyed  capital, 
reserve,  surplus,  undivided  profits,  and  other  taxable  property,  as  further 
defined  in  section  fourteen  of  article  thirteen  of  the  constitution  of  this 
state,  used  by  them  in  the  banking  business  in  this  state,  also  a  description 
of  the  real  estate,  other  than  mortgage  interests  therein,  and  the  value 
of  each  piece  thereof  as  assessed  for  tlie  purpose  of  county  taxation  for 
the  then  current  fiscal  year. 

Branches,  agencies,  or  other  representatives  of  banks  doing  business 
outside  of  this  state  shall  report  the  average  amount  owed  by  said 
branches,  agencies,  or  representatives,  to  the  banks  of  which  they  are 
branches,  agencies,  or  representatives,  during  the  year  ending  the  first 
Monday  in  March,  also  a  description  of  the  real  estate  other  than  mort- 
gage interests  therein,  and  the  value  of  each  piece  thereof  as  assessed 
for  the  purpose  of  county  taxation  for  the  then  current  fiscal  year. 

The  state  board  of  equalization  shall  prescribe  the  form  of  reports, 
the  manner  of  their  verification,  and  may  require  the  submission  of  tax 
receipts,  or  copies  thereof  certified  to  be  correct  by  an^-  notary  public, 
in  order  to  verify  the  statements  as  to  the  assessed  value  of  the  real 
estate,  and  may  require  such  further  information  or  statements  as  said 
board  may  deem  necessary.  |  New  section  addcil  May  11,  1917;  iStats. 
1917,  p.  H47.] 

§  3666c.  Report  on  corporations  by  secretary  of  state.  The  secretary 
of  state  sliail  daily  rc]iiirt  \i>  tlic  state  board  of  equalization  the  name, 
I'orjjorate  number,  principal  ]il;ifc  of  business,  date  of  incorporation,  term 
of  existence,  funded  debt,  if  any,  .'luthorized  capital  stock,  and  postoffice 
address  of  all  corjjorations,  whetiicr  formed  under  the  laws  of  this  state 


321  POLITICAL   CODE.  §  3667 

or  of  any  other  state  or  country,  a  copy  of  the  articles  of  incorporation 
of  which  is  filed  in  his  office  and  corporations  which  are  authorized  to 
do  business  in  this  state.  He  shall  also  report  at  said  time  all  certifi- 
cates of  increase  or  decrease  of  capital  stock  or  funded  debt,  dissolution, 
or  other  termination  of  corporate  existence,  change  of  name,  consolidation 
and  mergers,  change  of  principal  place  of  business,  and  such  other  in- 
formation regarding  eorjjorations  as  said  state  board  may  require  to  assist 
it  in  making  the  assessments  and  levying  the  taxes  as  provided  in  sec- 
tion fourteen  of  article  thirteen  of  the  constitution  of  this  state. 
[New  section  added  May  11,  1917;  Stats.  1917,  p.  348.] 

§  3667.  Report  by  holders  of  franchises.  The  owner  or  holder  of 
every  franchise  subject  to  taxation  as  provided  in  section  three  thou- 
sand six  hundred  sixty-four  d  of  this  code,  shall  within  ten  days  after 
the  first  Monday  in  March  in  each  year  make  a  written  report  to  the 
state  board  of  equalization,  signed  and  sworn  to  by  the  holder  or  owner 
himself,  if  an  individual,  or  by  one  of  the  copartners  if  such  owner  or 
holder  is  a  copartnership,  or  by  the  president  or  vice-president  and  the 
treasurer  or  secretary  if  the  owner  is  a  corporation,  containing  such  a 
concise  statement  or  description  of  every  franchise  possessed  or  en- 
joyed on  said  day  by  such  owner  or  holder,  as  the  state  board  of 
equalization  may  prescribe,  a  copy  of  the  law,  grant,  ordinance,  or  con- 
tract under  which  the  same  is  held,  or  if  possessed  or  enjoyed  under  a 
general  law,  a  reference  to  such  law,  a  statement  of  any  condition, 
obligation,  or  burden  imposed  upon  such  franchise,  or  under  which  the 
same  is  enjoyed,  and  containing  also: 

1.  Name,  etc.  The  name  of  the  company,  its  nature,  whether  a  person 
or  persons,  a  partnership  (with  names  of  partners),  an  association,  or 
corporation,  and  under  the  laws  of  what  state,  territory,  or  country 
organized,  the  nature  of  its  business,  the  location  of  its  principal  place 
of  business,  the  names  and  postoffice  addresses  of  its  president,  secre- 
tary, auditor,  treasurer,  superintendent,  and  general  manager,  the  loca- 
tion of  its  principal  place  of  business  in  this  state,  the  name  and  post- 
office  address  of  its  chief  officer  or  managing  agent  in  this  state,  and  the 
names  and  addresses  of  all  subsidiary  companies  whose  property  and 
business  are  operated  by  it. 

2.  Capital  stock.  The  amount  of  its  authorized  capital  stock,  the 
amount  thereof  issued  and  outstanding  on  the  first  Monday  in  March, 
and  the  amount  paid  in  thereon  or  the  value  of  the  property  received 
therefor. 

3.  Debts.  The  funded  and  floating  debts  and  the  interest  paid  thereon 
showing  separately  the  debts  of  the  operating  company  and  of  any  sub- 
sidiary companies  in  this  state  on  the  thirty-first  day  of  December  last 
preceding. 

4.  Value  of  stock.  The  market  value  of  the  stock  and  of  the  out- 
standing bonds,  or,  when  said  stock  or  bonds  have  no  market  value,  the 
actual  value  thereof,  for  such  periods  and  for  such  dates  as  the  state 
board  of  equalization  shall  prescribe. 

21 


§  3667a  POLITICAL  code.  322 

5.  Assessed  value  of  property.  The  assessed  value  of  its  property  as 
shown  by  the  last  completed  assessment-roll  in  each  county,  city  and 
county,  and  city  in  the  state  for  the  purposes  of  taxation,  and  if  any 
property  of  such  corporation  be  assessed  and  taxed  outside  of  the  state 
of  California  .the  place  where  assessed,  the  amount  of  such  assessment 
and  taxes  there  paid  the  current  fiscal  year. 

6.  Value  of  property.  The  market  and  actual  value  of  all  non- 
assessable real  and  personal  property  owned  by  such  company. 

7.  Amount  and  value  of  property.  The  amount  and  actual  value  of 
all  of  said  real  and  personal  property  referred  to  in  the  last  two  pre- 
ceding subdivisions  of  this  section  that  is  owned  and  possessed  by  the 
company  at  the  date  of  its  report;  also,  the  amount  and  actual  value 
of  any  other  and  additional  real  or  personal  property  owned  by  the 
company  at  the  date  of  said  report. 

8.  Dividends.  The  dividends  paid  during  the  year  ending  the  thirty- 
first  day  of  December  last  preceding,  the  surplus  fund,  if  any,  on  said 
thirty-first  day  of  December,  or  between  such  periods  as  the  state  board 
of  equalization  may  determine.  Those  of  the  operating  company  and 
of  each  subsidiary  company  in  this  state  to  be  shown  separately. 

9.  Gross  receipts.  The  gross  receipts  from  all  sources  for  the  year  end- 
ing the  thirty-first  day  of  December  last  preceding,  from  the  entire 
property  and  business,  the  gross  receipts  from  such  classes  of  business 
as  the  state  board  may  designate,  to  be  reported  separately;  also,  the 
total  gross  receipts  from  intrastate  business  and  from  interstate  busi- 
ness so  far  as  the  same  relate  to  this  state,  the  same  to  be  separately 
stated. 

10.  Expenses.     The  operating  and  other  expenses. 

11.  Profit  and  loss.  The  balances  of  profit  and  loss,  between  such 
periods  as  the  state  board  of  equalization  may  determine. 

12.  Other  matters.  Such  other  matters  as  the  state  board  of  equaliza- 
tion may  deem  necessary  in  order  to  enable  it  to  assess  and  levy  the 
taxes  provided  for  in  section  fourteen  of  article  thirteen  of  the  consti- 
tution of  this  state.  The  state  board  of  equalization  shall  ascertain  and 
determine  from  the  foregoing  reports  or  from  the  best  information  it 
can  obtain  the  actual  cash  value  on  the  first  Monday  in  March  of  each 
such  franchise,  and  shall  assess  and  levy  the  taxes  thereon  in  accord- 
ance with  the  provisions  of  subdivision  (d)  of  section  fourteen  of  article 
thirteen  of  the  constitution  of  this  state.  [New  section  added  May  11, 
1917;  Stats.  1917,  p.  349.] 

The  old  section  3667,  relating  to  the  notice  to  the  controller  of  the 
county  rate  of  taxation,  was  repealed  in  1917  (Stats.  1917,  p.  336). 

§  3667a.  Report  by  assessor  or  auditor.  Every  assessor  or  auditor 
shall,  in  the  manner,  at  the  times,  and  for  the  year  required  by  the 
state  board  of  equalization,  report  to  said  board  upon  such  forms  as 
may  be  prescribed  by  said  board  the  valuation  placed  by  him  upon  the 
property  of  any   company   subject   to  an    assessment   upon    its   franchise 


323  POLITICAL  CODE.  §§  3667b-3668 

under  the  provisions  of  sections  three  thousand  six  hundred  sixty-four  d 
and  three  thousand  six  hundred  sixty-seven  of  this  code.  [New  section 
added  May  11,  1917;  Stats.  1917,  p.  350.] 

§  3667b.  Estimates  by  state  board  of  equalization  when  no  report 
furnished.  Penalty.  If  any  company  mentioned  in  section  three  thou- 
sand six  hundred  sixty-four  of  this  code  shall  fail  or  refuse  to  furnish 
to  the  state  board  of  equalization  within  the  time  prescribed  by  law  the 
verified  report  provided  for  by  law,  the  state  board  of  equalization  must 
note  such  failure  or  refusal  in  the  record  of  assessments  for  state  taxes 
provided  for  in  section  three  thousand  six  hundred  sixty-eight  a  of  this 
code,  and  must  make  an  estimate  of  the  amount  of  the  gross  receipts, 
gross  premiums,  value  of  the  shares  of  capital  stock,  or  value  of  the 
franchises,  of  such  company  and  must  assess  the  same  at  the  amount 
thus  estimated,  which  assessment  shall  be  the  assessment  upon  which 
the  taxes  upon  the  property  or  franchise  of  the  company  for  such  year 
shall  be  levied  and  collected.  And  if  in  the  succeeding  year  any  such 
company  shall  again  fail  or  refuse  to  furnish  the  verified  report  required 
by  law,  the  state  board  shall  make  an  estimate  of  the  amount  of  the 
gross  receipts,  gross  premiums,  value  of  the  shares  of  capital  stock,  or 
value  of  the  franchise  of  such  company,  which  estimate  shall  not  be  less 
than  twice  the  amount  of  the  estimate  made  by  said  board  in  the  previ- 
ous year,  and  shall  note  such  failure  or  refusal  as  above  provided,  and 
the  said  estimate  so  made  shall  be  the  assessment  upon  which  the  taxes 
upon  the  property  or  franchise  of  the  company  for  such  year  shall  be 
levied  and  collected.  In  case  of  each  succeeding  consecutive  failure  or 
refusal  the  said  board  shall  follow  the  same  procedure  until  a  true  state- 
ment shall  be  furnished. 

Any  company  failing  or  refusing  to  make  and  furnish  any  report 
prescribed  by  law  to  be  made  to  the  state  board  of  equalization,  or 
rendering  a  false  or  fraudulent  report  shall  be  guilty  of  a  misdemeanor 
and  subject  to  a  fine  of  not  less  than  three  hundred  dollars  and  not 
exceeding  five  thousand  dollars  for  each  such  offense. 

Any  person  required  to  make,  render,  sign,  or  verify  any  report,  as 
aforesaid,  who  makes  any  false  or  fraudulent  report,  with  intent  to 
defeat  or  evade  the  assessment  required  by  law  to  be  made,  shall  be 
guilty  of  a  misdemeanor,  and  shall  for  each  such  offense  be  fined  not 
less  than  three  hundred  dollars  and  not  more  than  five  thousand  dollars, 
or  be  imprisoned  not  exceeding  one  year  in  the  county  jail  of  the  county 
where  said  report  was  verified,  or  be  subject  to  both  said  fine  and  im- 
prisonment, at  the  discretion  of  the  court.  [New  section  added  May  11, 
1917;  Stats.  1917,  p.  350.] 

§  3667c.  Extension  of  time  for  report.  The  state  board  of  equaliza- 
tion may,  for  good  cause  shown,  by  order  entered  upon  its  minutes,  ex- 
tend for  not  exceeding  thirty  days,  the  time  fixed  for  filing  any  report 
required  by  said  board.  [New  section  added  May  11,  1917;  Stats.  1917, 
p.  351.] 

§  3668.  Assessment  and  levy  of  taxes.  Request  of  bank  to  assess  en- 
tire taxable  value  of  shares  of  stock.     Form.     Notice  of  completion  of 


§  3668  POLITICAL   CODE.  324 

assessments.  The  state  board  of  equalization  must  meet  at  the  state 
capital  on  the  iirst  Monday  in  March  of  each  year,  and  continue  in  open 
session  from  day  to  day,  Sundays  and  holidays  excepted,  until  the  first 
Monday  in  July.  Between  the  first  Monday  in  March  and  the  third 
Monday  before  the  first  Monday  in  July  the  board  must  assess  and  levy 
the  taxes  as  and  in  the  manner  provided  for  in  section  fourteen  of 
article  thirteen  of  the  constitution  of  this  state,  and  sections  of  this 
code  enacted  to  carry  the  same  into  effect. 

The  assessments  must  be  made  to  the  company,  person  or  association 
owning  or  operating  the  property  subject  to  said  tax,  or,  in  the  case  of 
l)anks,  banking  associations,  savings  and  loan  societies  and  trust  com- 
panies, to  the  stockholders  therein;  provided  however,  that  in  the  case 
of  banks  of  liquidation  the  assessment  shall  be  made  to  the  receiver, 
trustee  or  officer  in  charge  of  such  liquidation,  as  the  case  may  be,  as 
the  representative  of  the  stockholders  thereof. 

If  the  name  of  the  owner  is  unknown  to  the  board,  such  assessment 
must  be  made  to  unknown  owners. 

Clerical  errors  occurring  or  appearing  in  the  name  of  any  company, 
person,  association,  or  stockholder  whose  property  is  correctly  assessed, 
or  in  the  making,  or  extension  of  any  assessment  upon  the  records  of 
the  state  board  of  equalization,  which  do  not  affect  the  substantial  rights 
of  the  taxpaj^er,  shall  not  invalidate  tbe  assessment. 

Provided,  however,  that  if  any  bank  shall  by  resolution  of  its  board 
of  directors,  request  the  state  board  of  equalization  to  assess  to  and 
in  the  name  of  such  bank  so  requesting,  the  entire  taxable  value  of  all 
the  shares  of  the  capital  stock  of  such  bank,  as  determined  by  said  state 
board,  instead  of  assessing  such  shares  to  and  in  the  name  of  the  indi- 
vidual stockholders  or  shareholders  owning  the  same,  and  if  such  bank 
shall  promise  that  it  will,  upon  being  notified  by  said  state  board,  of 
such  assessment  thereof  to  said  bank,  and  of  the  amount  of  taxes  to  be 
paid  upon  such  assessment,  pay  such  taxes  at  the  times  when  taxes 
assessed  and  levied  under  the  provisions  of  section  fourteen  of  article 
thirteen  of  the  constitution  of  this  state  and  sections  of  this  code  en- 
acted -to  carry  the  same  into  effect  are  due  and  payable,  which  request 
to  assess  said  bank  and  promise  to  pay  said  tax  shall  be  in  substantially 
the  following  form: 

The  state  board  of  equalization  is  hereby  instructed  to  assess  in  the 
name  of  this  bank  and  not  to  the  individual  stockholders  or  shareholders 
therein,  the  taxable  value  of  all  the  shares  of  capital  stock  in  this  bank 
and  such  bank  hereby  promises  to  pay  to  the  state  treasurer  the  amount 
of  the  tax  levied  u]>on  such  assessmciil  wIkmi  sucli  taxes  are  due  and 
[layalde  nndcr  the  laws  of  this  state. 

By  (liere  insert  title  of  official  signing.) 
'I'lieii  the  state  board  may  assess  the  capital  stock  to  and  in  the  name 
of  Hiich  ba):k  and  said  promise  to  pay  the  taxes  shall  be  binding  upon 
such  liank  and  cnllect  ion  of  such  taxes  from  such  bank  may  be  enforced 
in  the  manner  and  l)y  tin-  same  nictliod  as  is  ]irovided  for  flie  collection 
of  other  taxes  assessed  and   Irsicd    under  llie  jiroxisions  of  section    four- 


325  POLITICAL  CODE.  §  36G8a 

teen  of  article  thirteen  of  the  constitution  of  this  state  and  sections  of 
this  code  enacted  to  carry  the  same  into  effect. 

On  the  third  Monday  before  the  first  Monday  in  July  the  said  board 
shall  publish  a  notice  in  one  daily  newspaper  of  general  circulation 
published  at  the  state  capital,  in  one  daily  newspaper  of  general  cir- 
culation published  in  the  city  and  county  of  San  Francisco,  and  in 
one  daily  newspaper  of  general  circulation  published  in  the  city  of  Los 
Angeles,  that  the  assessment  of  property  for  state  taxes  has  been  com- 
pleted, and  that  the  record  of  assessments  for  state  taxes  will  be  deliv- 
ered to  the  controller  on  the  first  Monday  in  July,  and  that  if  any 
company,  person,  or  association  is  dissatisfied  with  the  assessment  made 
by  the  board,  it  may,  at  any  time  before  the  taxes  thereon  shall  become 
due  and  payable,  apply  to  the  board  to  have  the  same  corrected  in  any 
particular.  The  board  shall  have  power  at  any  time  on  or  before  the 
first  Monday  in  July  to  correct  the  record  of  assessments  for  state  taxes 
and  may  increase  or  decrease  any  assessment  therein  if  in  its  judgment 
the  evidence  presented  or  obtained  warrants  such  action.  [New  section 
added  May  11,  1917;  Stats.  1917,  p.  351.] 

The  old  section  3668,  relating  to  the  publication  by   the  controller, 
was  repealed  in  1917  (Stats.  1917,  p.  336). 

§  3668a.     Record    of    assessments    for    state    taxes.     Certificate.     The 

state  board  of  equalization  must  ^irepare  each  year  a  book,  in  one  or 
more  volumes,  to  be  called  the  "record  of  assessments  for  state  taxes," 
in  which  must  be  entered,  either  in  writing  or  printing,  or  by  both  writ- 
ing and  printing,  each  assessment  and  levy  made  by  said  board  upon  the 
property  and  franchises  mentioned  in  section  three  thousand  six  hundred 
sixty-four  of  this  code,  describing  the  property  assessed,  and  such  assess- 
ments shall  be  classified  and  entered,  in  such  separate  parts  of  said 
record  as  the  board  shall  prescribe.  On  the  first  Monday  in  July  the 
secretary  of  the  state  board  of  equalization  must  deliver  to  the  con- 
troller of  state  the  record  of  assesments  for  state  taxes,  certified  to  by 
the  chairman  and  secretary  of  the  board,  which  certificate  shall  be  sub- 
stantially as  follows:   "We,  ,  chairman,  and  ,  secretary,  of  the 

state  board  of  equalization  of  the  state  of  California  do  hereby  certify, 
that  between  the'  first  Monday  in  March  and  the  first  Monday  in  July, 
19 — ,  the  state  board  of  equalization  made  diligent  inquiry  and  examina- 
tion to  ascertain  all  property  and  companies  subject  to  assessment  and 
taxation  for  state  purposes,  as  required  by  the  constitution  of  this 
state;  that  said  board  has  faithfully  complied  with  all  the  duties  im- 
))Osed  upon  it  by  the  constitution  and  laws  of  the  state  of  California; 
that  said  board  has  not  imposed  any  unjust  or  double  assessment 
through  malice  or  ill  will,  or  otherwise;  nor  allowed  any  company  or 
property  to  escape  a  just  assessment  through  favor  or  reward,  or- 
otherwise." 

But  the  failure  to  subscribe  such  certificate  to  such  record  of  assess- 
ments for  state  taxes,  or  any  certificate,  shall  not  in  any  manner  aft'ect 
the  validity  of  any  assessment.  Such  record  of  assessments  shall  con- 
stitute the  warrant  for  the  controller  to  collect  the  taxes  assessed  and 
levied   upon    the    property    and    franchises    mentioned    in    section    three 


§  3668b  POLITICAL   CODE.  326 

thousand    six    huncU-ed    sixty-four    of    this    code.      [New    section    added 
May  11,  1917;  Stats.  1917,  p.  353.] 

§  3668b.  Taxes  payable,  when.  Taxes  not  fully  secured  by  pef sonal 
property.  Sale  of  property  at  public  auction.  Notice.  Bill  of  sale. 
Notice  by  state  controller.  The  taxes  assessed  and  levied  as  provided 
in  section  fourteen  of  article  thirteen  of  the  constitution  of  this  state, 
and  in  and  by  the  provisions  of  this  code  enacted  to  carry  the  same  into 
effect,  shall  be  due  and  payable  on  the  first  Monday  in  July  in  each 
year,  and  one-half  thereof  shall  be  delinquent  on  the  sixth  Monday  after 
said  first  Monday  in  July  at  six  o'clock  P.  M.,  and  unless  paid  prior 
thereto,  fifteen  per  cent  shall  be  added  to  the  amount  thereof,  and 
unless  paid  prior  to  the  first  Monday  in  February  next  thereafter  at  six 
o'clock  P.  M.,  an  additional  five  per  cent  shall  be  added  to  the  amount 
thereof;  and  the  unpaid  portion,  or  the  remaining  one-half  of  said 
taxes  shall  become  delinquent  on  the  first  Monday  in  February  next 
succeeding  the  day  upon  which  they  became  due  and  payable,  at  six 
o'clock  P.  M.;  and  if  not  paid  prior  thereto  five  per  cent  shall  be  added 
to  the  amount  thereof;  provided,  that  all  taxes  provided  for  or  levied 
under  said  section  fourteen  of  article  thirteen  of  the  constitution  of 
this  state  and  the  provisions  of  this  code  enacted  to  carry  the  same  into 
effect  which  are  not  fully  secured  by  real  property  are  dire  and  payable 
at  the  time  the  assessment  is  made.  "When  in  the  opinion  of  the  state 
board  of  equalization  any  of  the  taxes  provided  for  in  this  section  are 
not  a  lien  upon  real  property  sufficient  to  secure  the  payment  of  the 
taxes,  said  board  may  direct  the  controller,  or  his  duly  authorized  repre- 
sentative, to  collect  the  same  at  any  time  before  the  first  Monday  in 
August  thereafter,  and  the  controller  may  collect  the  taxes  by  seizure 
and  sale  of  any  property  owned  by  the  company  against  whom  the  tax 
is  assessed. 

The  sale  of  any  property  so  seized  shall  be  made  at  public  auction 
and  of  a  sufficient  amount  of  the  property  to  pay  the  taxes,  penalties 
and  costs,  and  be  made  after  one  week's  notice  of  the  time  and  place 
of  such  sale  given  by  publication  in  a  newspaper  of  general  circulation 
published  in  the  county  where  the  property  seized  is  situate,  or  if  there 
be  no  newspaper  of  general  circulation  published  in  'such  county,  then 
by  posting  of  such  notice  in  three  public  places  in  such  county. 

Said  notice  shall  contain  a  description  of  the  property  to  be  sold 
together  with  a  statement  of  the  amount  of  the  taxes,  penalties  and 
costs  due  thereon  and  the  name  of  the  owner  of  said  property  and  a 
further  statement  that  unless  the  taxes,  penalties  and  costs  are  paid  on 
or  before  the  day  fixed  in  said  notice  for  such  sale  of  said  property,  or 
80  much  thereof  as  may  be  necessary  to  pay  said  taxes,  penalties  and 
costs,  said  property  will  bo  sold  in  accordance  with  law  and  said  notice. 

On  payment  of  the  price  bid  for  any  property  sold,  the  delivery 
thereof  with  bill  of  sale  executed  by  the  controller  vests  the  title  in 
the  purchaser.  The  unsold  portion  of  any  property  so  seized,  may  be 
loft  at  the  place  of  sale  at  the  risk  of  the  owner.  All  of  the  proceeds 
of  any  such  sale  in  excess  of  the  taxes,  penalties,  and  costs,  must  be 
rnturnefl   to   Ihn  owner  of  the   pro])erty  sold,  arnl   until   claimed   itiust  be 


327  POLITICAL  CODE.  §§3668c,  3669 

deposited  with  the  state  treasurer,  as  trustee  for  such  owner,  and  sub- 
ject to  the  order  of  the  owner  thereof,  his  heirs,  or  assigns. 

Within  ten  days  after  the  receipt  of  the  record  of  assessments  for 
state  taxes,  the  controller  must  begin  the  publication  of  a  notice  to 
appear  daily  for  two  weeks,  in  one  daily  newspaper  of  general  circula- 
tion published  at  the  state  capital,  in  one  daily  newspaper  of  general 
circulation  published  in  the  city  and  county  of  San  Francisco,  and  in 
one  daily  newspaper  of  general  circulation  published  in  the  city  of 
Los  Angeles,  specifying: 

1.  That  he  has  received  from  the  state  board  of  equalization  the 
record  of  assessments  for  state  taxes. 

2.  That  the  taxes  therein  assessed  are  due  and  payable  on  the  first 
Monday  in  July  and  that  one-half  thereof  will  be  delinquent  on  the 
sixth  Monday  after  the  first  Monday  in  July  at  six  o'clock  P.  M.,  and 
that  unless  paid  to  the  state  ^treasurer  at  the  capital  prior  thereto,  fifteen 
per  cent  will  be  added  to  the  amount  thereof,,  and  unless  paid  prior  to 
the  first  Monday  in  February  next  thereafter  at  six  o'clock  P.  M.,  an 
additional  five  per  cent  will  be  added  to  the  amount  thereof;  and  that 
the  remaining  one-half  of  said  taxes  will  become  delinquent  on  the 
first  Monday  in  February  next  succeeding  the  day  upon  which  they 
became  due  and  payable,  at  six  o'clock  P.  M.;  and  if  not  paid  to  the 
state  treasurer  at  the  capital  prior  thereto,  five  per  cent  will  be  added 
to  the  amount  thereof.  [New  section  added  May  11,  1917;  Stats. 
1917,  p.   354.] 

§  3668c.  Taxes  lien  on  property  and  franchises.  The  taxes  levied 
under  the  2)rovisions  of  section  fourteen  of  article  thirteen  of  the  con- 
stitution of  this  state  and  sections  of  this  code  enacted  to  carry  the 
same  into  effect  shall  constitute  a  lien  upon  all  the  property  and  fran- 
chises of  every  kind  and  nature  belonging  to  the  companies  subject  to 
taxation  for  state  purposes,  which  lien  shall  attach  on  the  first  Monday 
in  Mart'h  of  each  year.  Every  tax  herein  provided  for  has  the  effect 
of  a  judgment  against  the  company,  and  every  lien  created  by  the 
constitutional  and  statutory  provisions  aforesaid  has  the  effect  of  an 
execution  duly  levied  against  all  property  of  the  delinquent;  the  judg- 
ment is  not  satisfied  nor  the  lien  removed  until  such  taxes,  penalties, 
and  costs  are  paid,  or  the  property  sold  for  the  payment  thereof.  No 
final  discharge  in  bankruptcy  or  decree  of  dissolution  shall  be  made  and 
entered  by  any  court,  nor  shall  the  county  clerk  of  any  county  or  the 
secretary  of  state  file  any  such  discharge  or  decree,  or  file  any  other 
document  by  which  the  term  of  existence  of  any  corporation  shall  be 
reduced  or  terminated  until  all  taxes,  penalties,  and  costs  due  on  assess- 
ments made  under  the  constitutional  and  statutory  provisions  aforesaid 
shall  have  been  paid  and  discharged.  [New  section  added  May  11, 
1917;  Stats.  1917,  p.  355.] 

§  3669.  Taxes  paid  to  state  treasurer.  1.  All  taxes  assessed  and  levied 
under  the  provisions  of  section  fourteen  of  article  thirteen  of  the  con- 
stitution of  this  state  and  sections  of  this  code  enacted  to  carry  the  same 
into  effect  shall  be  paid  to  the  state  treasurer,  upon  the  order  of  the 
controller,   without   deduction  for   any  taxes  assessed  and  levied  to  pay 


§  3669a  POLITICAL  code.  328 

the  principal  and  interest  of  any  bonded  indebtedness  mentioned  in  sub- 
division (e)  of  section  fourteen  of  article  thirteen  of  the  constitution  of 
this  state,  and  the  amount  due  to  the  cities,  cities  and  counties,  counties, 
towns,  townships,  and  districts  on  account  of  said  taxes  assessed  and 
levied  for  such  bonded  indebtedness  shall  be  paid  to  said  cities,  cities  and 
counties,  counties,  towns,  townships,  or  districts  in  the  manner  provided 
by  law.  The  controller  must  mark  the  date  of  payment  of  any  tax 
on  the  record  of  assessments  for  state  taxes. 

2.  Controller's  receipt.  The  controller  must  give  a  receipt  to  the  per- 
son paying  any  tax,  or  any  part  of  any  tax,  specifying  the  amount  of  the 
assessment  and  the  tax,  or  part  of  tax,  paid,  and  the  amount  remaining 
unpaid,  if  any,  with  a  description  of  the  property  assessed;  provided, 
that  the  receipt  for  the  second  half  of  the  taxes  may  refer,  by  number 
or  in  any  other  intelligible  mannei',  to  the  receipt  given  for  the  first  ■ 
half  of  said  taxes,  in  lieu  of  a  description  of  the  property  assessed. 

3.  Ta^es  in  excess  of  what  was  legally  due.  Whenever  any  taxes,  pen- 
alties, or  costs  collected  and  paid  to  the  state  treasurer  as  hereinbefore 
provided,  shall  have  been  paid  more  than  once,  or  shall  have  been 
erroneously  or  illegally  collected,  or  when  any  taxes  shall  have  been 
collected  and  paid  pursuant  to  said  provisions  of  law  upon  a  computa- 
tion erroneously  made  by  reason  of  clerical  mistake  of  the  officers  or 
employees  of  the  state  board  of  equalization,  or  shall  have  been  com- 
puted in  a  manner  contrary  to  law,  the  state  board  of  equalization  shall 
certify  to  the  state  board  of  control  the  amount  of  such  taxes,  penalties, 
or  costs,  collected  in  excess  of  what  was  legally  due,  from  whom  they 
were  collected  or  by  whom  paid,  and  if  approved  by  said  board  of  control, 
the  same  shall  be  credited  to  the  company  or  person  to  whom  it  right- 
fully belongs,  at  the  time  of  the  next  payment  of  taxes.  No  claim  for 
such  credit  shall  be  so  audited,  approved,  allowed,  or  paid  unless  pre- 
sented within  one  year  after  the  payment  sought  to  be  refunded. 

4.  Cancellation  of  assessment.  In  case  the  assessment  of  any  property 
or  any  company  is  duplicated  upon  the  record  of  assessments  for  state 
taxes,  or  there  appears  thereon  the  assessment  of  any  company  whose 
charter  has  been  forfeited  or  right  to  do  business  in  this  state  has  been 
forfeited,  or  the  assessment  of  any  company  which,  for  any  reason,  could 
not  be  legally  assessed,  the  state  board  of  equalization  or  the  controller 
shall  certify  such  fact  to  the  state  board  of  control  and  said  board  of 
control  shall  autliorize  the  cancellation  of  such  assessment.  [New  section 
added  May    11,    1!)17;   Stats.  1917,  p.  356.] 

The   old    .sect ion   .'Uidi),  ])roviding  that   certiiin  taxes  were  to  be   paid 
to  the  state!  treasurer,  was  rciicnlcd   in    li)17   (Stats.  li)17,  p.  ;!3()). 

§  3669a.  Action  for  recovery  of  tax.  1.  Any  comi)any,  person  or  as- 
Hociatiipii  i-l.'iiiniiig  ninl  iJiotcst  ini^-  ;is  licrcin  jirovided  that  the  assessment 
niJidc  M^'.iiiisl  liini  nr  i1  by  tiic  state  board  of  ecpialization  is  void  in 
Vvlioli'  or  in  |i;iit  ni;iy  luint^  ;in  nction  against  the  state  trea-surer  for  the 
recovery  of  the  ulmlc  or  ,niy  part  of  such  tax,  penalties  or  costs  paid  on 
such  assessincnl  npon  tlic  grounds  stated  in  such  protest,  but  no  such 
action  may  lir  iiroii^ht  l;it<'i'  limn  llie  third  Monilay  in  February  next 
following    tiic    d;iy    on    wliirh    the    tnxes   were   due,   nor    unless   such   com- 


329  porjTicAL  CODE.  §  3669b 

l);iny,  person  or  assoeiatiou  shall  have  filed  with  the  state  controller  at 
the  time  of  payment  of  such  taxes  a  written  protest  stating  whether 
the  whole  assessment  is  claimed  to  be  void,  or  if  a  part  only,  what  part, 
and  the  grounds  upon  which  such  claim  is  founded;  and  when  so  paid 
under  protest  the  payment  shall  in  no  case  be  regarded  as  voluntary. 

2.  Procedure.  Whenever  under  the  provisions  of  this  section  an  action 
is  commenced  against  the  state  treasurer,  a  copy  of  the  complaint  and 
of  the  summons  must  be  served  upon  the  treasurer,  or  his  deputy.  At 
tlie  time  the  treasurer  demurs  or  answers,  he  may  demand  that  the  action 
l)e  tried  in  the  superior  court  of  the  county  of  Sacramento,  which  de- 
mand must  be  gi'anted.  The  attorney  general  must  defend  the  action. 
The  provisions  of  the  Code  of  Civil  Procedure  relating  to  the  pleadings, 
proofs,  trials,  and  appeals  are  applicable  to  the  proceedings  herein  pro- 
vided for.  A  failure  to  begin  such  action  within  the  time  herein  specified 
shall  be  a  bar  against  the  recovery  of  such  taxes.  In  any  such  action 
the  court  shall  have  power  to  render  judgment  for  plaintiff  for  any  part 
or  portion  of  the  tax,  penalties  or  costs  found  to  be  void  and  so  paid  by 
plaintiff  upon    such   assessment. 

3.  No  judgment  for  plaintiff,  when.  In  no  case  shall  any  judgment  be 
rendered  in  favor  of  plaintiff  in  any  action  brought  against  the  state 
treasurer  to  recover  any  tax,  when  said  action  is  brought  by  or  in  the 
name  of  an  assignee  of  the  person,  company  or  corporation  paying  said 
tax,  or  by  any  person,  company  or  corporation  other  than  the  person, 
company  or  corporation  that  has  paid  said  tax.  [New  section  added  May 
11,  1917;  Stats.  1917,  p.  357.] 

§  3669b.  Reassessment.  Every  assessment  of  property  made  after 
November  8,  1910,  under  the  provisions  of  section  fourteen,  article  thir- 
teen of  the  constitution  and  under  the  provisions  of  any  law  enacted  to 
carry  into  effect  said  section  of  the  constitution  which  is,  or  may  here- 
after be  adjudged  to  be  invalid  by  reason  of  any  illegality,  invalidity, 
or  irregularity,  declared  or  existing,  in  the  assessment  of  such  property, 
or  in  the  mode  provided  for  the  assessment  thereof,  shall  be  remade 
and  the  property  reassessed  and  equalized  for  each  year  for  which  such 
assessment  is  invalid  as  aforesaid,  and  for  the  year  for  which  the  assess- 
ment of  such  property  was  invalid  as  aforesaid,  and  such  reassessment 
and  equalization  shall  be  made  by  the  same  officers  and  boards,  at  the 
same  time  or  times,  as  are  prescribed  by  law  for  the  assessment  and 
equalization  of  property,  of  the  same  classes  or  kinds  as  the  property 
which  hereby  is  required  to  be  reassessed.  The  assessment  and  equalized 
assessment  of  such  property  shall  be  entered  on  the  several  assessment- 
rolls  or  books  in  the  same  manner  that  assessments  of  such  property  are 
or  were  required  by  law  to  be  entered  for  the  year  or  years  for  which 
such  reassessments  shall  be  made.  And  there  is  hereby  levied  for  state 
purposes  the  same  rates  of  taxation  for  each  of  such  respective  years  as 
were  levied  upon  such  property  for  each  of  said  years  for  said  state  pur- 
poses. 

2.  Manner  of  reassessment.  All  property  herein  and  hereby  authorized 
to  be  reassessed  shall  be  reassessed  and  equalized  by  the  proper  officers 
and  boards  at  the  value   to  which  and  to  the  person  or  corporation   to 


§  3669c  POLITICAL  CODE.  330 

whom  or  to  which  such  property  ought,  for  each  of  such  years,  to  have 
been  assessed,  under  such  rules  of  notice -and  at  the  times  and  in  the 
modes  as  are  prescribed  for  the  assessment  and  equalization  of  like 
classes  of  property;  and  the  assessment  and  equalization  thereof,  and  the 
levy  and  collection  of  taxes  thereunder,  shall  be  made  by  the  proper 
officers  at  the  time,  upon  like  notice  and  in  the  manner  now  or  hereafter 
provided  by  law  for  making  assessments  and  equalizing  the  same,  and 
for  the  levy  and  collection  of  taxes  on  like  classes  of  property;  and  if  the 
taxes  so  relevied  shall  become  delinquent;  there  shall  be  added  thereto 
and  the  amount  thereof  the  same  percentage  as  a  penalty  for  such  de- 
linquencj'  as  is  added  to  other  delinquent  taxes  on  like  classes  of  prop- 
erty; and  such  delinquent  taxes  and  penalties  added  thereto  shall  be 
collected  by  the  proper  officers  in  the  manner  now  or  hereafter  provided 
by  law  for  the  collection  of  delinquent  taxes  and  penalties  upon  like 
classes  of  property,  the  collectors  of  such  taxes  to  allow  as  credits  thereon 
all  payments  theretofore  made  on  the  tax  as  first  levied. 

3.  No  limitation  on  action  for  collection  of  taxes.  There  shall  be  no 
limitation  or  limitations  as  to  the  time  in  which  actions  for  the  collections 
of  taxes  levied  under  this  section  may  be  commenced,  and  all  the  pro- 
visions of  law  now  or  hereafter  provided  in  respect  to  assessments, 
equalization,  levy,  and  collection  of  taxes  shall,  where  applicable,  apply 
to  reassessments,  equalization,  and  relevies  and  collections  of  taxes 
made  under  the  provisions  of  this  section.  [New  section  added  May  11, 
1917;  Stats.  1917,  p.  357.] 

§  3669c.  Suspension  of  corporate  powers  on  failure  to  pay  taxes  List 
sent  to  county  clerk  and  county  recorder.  1.  Within  ten  days  after  the 
first  Monday  in  February,  the  controller  shall  send  by  mail  to  the  last 
known  address  of  any  company  whose  taxes  are  delinquent  a  notice  of 
the  amount  of  said  taxes,  penalties,  and  costs,  and  that  if  the  said 
taxes,  penalties,  and  costs  are  not  paid  on  or  before  the  Saturday  pre- 
ceding the  first  Monday  in  March  next  thereafter  at  six  o'clock  P.  M. 
of  said  day,  the  corporate  powers,  rights  and  privileges  of  such  delinquent 
company,  if  it  be  a  domestic  corporation,  will  be  at  that  time  suspended 
and  thereafter  incapable  of  exercise,  and  that  if  the  delinquent  company 
be  a  foreign  corporation  it  will  thereupon  forfeit  its  right  to  do  intrastate 
business  in  this  state.  If  the  taxes,  penalties,  and  costs  are  not  paid 
within  the  time  specified  in  said  notice,  the  controller  shall,  on  said 
Saturday  inccediiig  tlie  first  Monday  in  March  at  six  o'clock  P.  M'.  of 
said  day,  mjirk  on  tlic  rccnnl  of  assessments  for  state  taxes  opposite 
the  assessment  of  tlie  delincjueiit  corporation,  the  words  "corporate  powers 
suHjjended,"  if  the  delinquent  corporation  be  a  domestic  corporation,  and 
thereupon  .said  corporate  jiowers  sh'all  be  suspended  and  incapable  of 
exercise  until  restored  ;is  hereinafter  provided;  and  if  the  delinquent 
corporation  be  a  foreign  corporation  the  controller  shall  mark  on  the 
record  of  assessments  for  state  taxes  opposite  the  assessment  of  such 
delinqneiil  corpovMt ion  the  words  "riglit  to  do  intrastate  business  for- 
feilcd'""  iimi  1  licicii  pun  s;iii|  li^lit  Id  do  sindi  business  shall  be  so  for- 
feited, lie  sIkiII  ;it  once  rcpurl  In  1  lie  scciclarv  of  state  the  name  and 
niiiiilicr  of  cliiiitcr  id'  (■.-ich   ciii'pni;!  t  ion   whose  corpoi'ate  ])owerH  have  been 


331  POLITICAL  CODE.  §  3669c. 

suspended  or  right  to  do  business  has  been  forfeited  for  nonpayment  of 
taxes.  I 

On  or  before  the  first  Monday  in  April  of  each  year  the  controller 
shall  make  a  list  of  all  corporations  subject  to  the  tax  imposed  under 
sections  three  thousand  six  hundred  sixty-four  a,  three  thousand  six 
hundred  sixty-four  b,  three  thousand  six  hundred  sixty-four  c,  and  three 
thousand  six  hundred  sixty-four  d  of  this  code  and  which  have  failed 
to  pay  the  same  and  transmit  a  certified  copy  thereof  to  each  county 
clerk  and  county  recorder  in  this  state.  Said  county  clerks  and  county 
recorders  shall  file  such  certified  copies  in  their  respective  offices  in  such 
manner  that  the  same  shall  be  preserved  in  the  form  of  a  permanent 
record  of  such  office  and  easily  identified  by  and  available  to  the  public. 
Said  copies  so  certified  by  the  controller  and  filed  as  herein  provided 
shall  in  the  case  of  each  corporation  state  whether  such  corporation  is 
a  domestic  or  foreign  corporation  and  specify  the  penalty  which  each 
corporation  has. incurred  for  failure  to  pay  the  tax  imposed  by  this  act. 
Such  certified  copies  so  filed  with  either  of  said  county  officers,  or  any 
copy  thereof  certified  by  the  controller  shall  be  received  in  evidence  in 
any  court  in  lieu  of  the  original  record  on  file  with  the  controller  and 
shall  be  prima  facie  evidence  of  the  truth  of  all  statements  contained 
therein. 

2.  Corporate  powers  suspended,  when.  Penalty  for  exercising  powers 
of  delinquent  corporation.  After  six  o'clock  P.  M.  of  the  Saturday  pre- 
ceding the  first  Monday  in  March  in  any  year,  the  corporate  rights,  priv- 
ileges and  powers  of  every  domestic  corporation  which  has  failed  to  pay 
said  tax  and  money  penalty  shall,  from  and  after  said  hour  of  said  day, 
be  suspended,  and  incapable  of  being  exercised  for  any  purpose  or  in 
any  manner,  except  to  defend  any  action  brought  in  any  court  against 
such  corporation,  until  said  tax  with  all  accrued  penalties,  and  all  taxes 
and  charges  due  the  state  under  the  corporation  license  act  are  paid  as 
hereinafter  provided.  The  right  and  privilege  of  every  foreign  cor- 
poration to  transact  intrastate  business  in  this  state  snail,  for  failure 
to  pay  said  tax  and  money  penalty,  be  forfeited  at  said  hour  of  said  day, 
and  the  controller  shall  make  a  record  of  such  forfeiture.  In  the  case  of 
foreign  corporations  such  forfeiture  may  be  relieved  and  the  corporation's 
privilege  to  transact  intrastate  business  in  this  state  restored  in  the 
manner  hereinafter  provided.  After  said  hour  of  said  day  and  until  such 
taxes,  penalties  and  charges  are  paid,  every  person  who  attempts  or  pur- 
])orts  to  exercise  any  of  the  rights,  privileges  or  powers  of  any  delinquent 
corporation,  or,  who  transacts  or  attempts  to  transact  any  intrastate 
business  in  this  state  in  behalf  of  any  forfeited  foreign  corporation,  shall 
be  guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall  be  pun- 
ished by  a  fine  of  not  less  than  two  hundred  fifty  dollars  and  not  ex- 
ceeding one  thousand  dollars,  or  bj'  imprisonment  in  the  county  jail 
not  loss  than  fifty  days  or  more  than  five  hundred  days,  or  by  both  such 
fine  and  imprisonment.  The  jurisdiction  of  such  offense  shall  be  held 
to  be  in  any  county  in  which  any  part  of  such  attempted  exercise  of 
such  powers,  or  any  part  of  such  transaction  of  business  was  had  or  oc- 
curred. Every  contract  made  in  violation  of  this  section  is  hereby  de- 
clared to  be  void. 


§  3669c  POLITICAL  CODE.  332 

3.  Procedure   for  restoration  of  powers.     Controller's   certificate.     All 

corporate  powers,  rights  and  privileges  suspended,  or  forfeited  may  be 
revived  and  restored  to  full  force  and  effect  by  the  payment  of  all 
accrued  taxes  and  penalties  due  to  the  state  under  sections  three  thou- 
sand six  hundred  sixty-four  a,  three  thousand  six  hundred  sixty-four  h, 
three  thousand  six  hundred  sixty-four  c,  and  three  thousand  six  hundred 
sixty-four  d  of  this  code  and  the  corporation  license  act.  In  case  the 
application  for  such  revivor  and  restoration  is  not  made  during  the  year 
in  which  such  suspension  or  forfeiture  occurred,  such  application  shall 
not  be  granted  nor  a  certificate  of  revivor  issued  to  such  corporation  until 
there  is  paid  to  the  controller  in  addition  to  said  tax  and  money  penalty 
due  the  state  under  said  sections  of  this  code  for  the  year  in  which  such 
suspension  or  forfeiture  occurred,  a  sum  of  money  equal  to  the  tax, 
without  penalty,  imposed  under  the  provisions  of  said  sections  of 
this  code  during  the  year  in  which  such  suspension  or  forfeiture 
occurred,  for  each  year  succeeding  said  year  in  which  such  sus- 
pension or  forfeiture  occurred.  Upon  payment  of  all  such  taxes  and 
penalties,  and  upon  payment  of  all  other  taxes  due  the  state  under  the 
corporation  license  act  of  this  state,  the  state  controller  shall  issue  a 
certificate  under  his  seal  evidencing  such  payment  and  restoration,  which 
certificate,  when  recorded  in  the  office  of  any  county  recorder  shall  con- 
stitute a  release  of  all  existing  liens  for  such  taxes  upon  the  property 
of  such  corporation.  Each  county  recorder  shall  keep  an  index  of  all 
such  controller's  certificates  recorded  by  him.  Upon  presentation  of  such 
controller's  certificate  of  revivor  to  any  county  clerk  said  officer  shall 
make  a  record  thereof  in  his  office  in  a  book  kept  for  such  purpose.  The 
record  so  made  bj*  said  county  clerk  shall  be  prima  facie  evidence  of  the 
restoration  to  such  corporation  of  all  previously  suspended  or  forfeited 
rights,  powers  and  privileges  unless  it  appears  from  the  records  in  the 
office'  of  such  county  clerk  or  of  the  secretary  of  state  that  subsequent 
to  the  date  of  such  certificate  of  revivor  the  powers  of  said  corporation 
have  been  suspended  or  its  rights  to  do  intrastate  business  forfeited. 

4.  Action  "by  controller  to  collect  delinquent  taxes.  Service  of  sum- 
mons. Evidence  of  unpaid  taxes.  The  controller  may,  on  or  before  the 
thirtieth  day  of  April  next  following  said  delinquency  and  suspension  or 
forfeiture,  bring  an  action  in  a  court  of  competent  jurisdiction  in  the 
county  of  Sacramento  in  the  name  of  the  people  of  the  state  of  California, 
to  collect  any  delinquent  taxes,  together  with  any  penalties,  or  costs, 
which  have  not  been  paid  in  accordance  with  the  provisions  of  this  code 
and  appearing  delinquent  upon  the  record  of  assessments  for  state  taxes 
lioreinbeforc   mentioned. 

Tlie  attorney  general  must  prosecute  such  action,  and  the  provisions  of 
the  Code  of  Civil  Procedure  relating  to  service  of  summons,  pleadings, 
jiroof.s,  trials,  and  appeals  are  applicable  to  the  proceedings  herein  pro- 
\ided  for.  Tn  such  action  a  writ  of  attachment  may  be  issued,  and  no 
bond  or  affidavit  previous  to  the  issuing  of  said  attachment  is  required. 

Ill  the  case  of  companies  whose  right  to  do  business  has  been  forfeited 
or  cor|)orate  powers  suspended,  service  of  summons  may  be  made  upon 
the  persons  provided  for  by  law  to  be  served  as  agents  or  officers  of  any 
of  such  companies  and  such  persons  shall  be  deemed  to  be  the  agents 


333  POLITICAL    CODE.  §  3669(1 

of  such  companies  for  all  purposes  necessary  in  order  to  prosecute  such 
action.  In  the  case  of  corporations  whose  powers  have  been  suspended, 
the  persons  constituting  the  board  of  directors  thereof  shall  have  the 
power  and  right  to  defend  such  action.  Payment  of  tJic  taxes  and 
penalties,  or  amount  of  the  judgment  recovered  in  sucli  action  must  be 
made  to  the  state  treasurer.  In  such  actions  the  record  of  assessments 
for  state  taxes,  or  a  copy  of  so  much  thereof  as  is  applicable  in  said 
action,  duly  certified  by  the  controller,  or  by  the  secretary  of  the  state 
board  of  equalization,  showing  unpaid  taxes  against  any  company,  per- 
son or  association  assessed  by  the  state  board  of  equalization,  is  prima 
facie  evidence  of  the  assessment  upon  the  property  and  franchises,  the 
delinquency,  the  amount  of  the  taxes,  penalties,  and  costs  due  and  unpaid 
to  the  state,  and  that  the  company,  person,  or  association  is  indebted 
to  the  people  of  the  state  of  California  in  the  amount  of  taxes  and  pen- 
alties therein  appearing  unpaid,  and  that  all  the  forms  of  law  in  relation 
to  the  assessment  and  levy  of  such  taxes  have  been  complied  with. 
[New  section  added  May  11,  1917;  Stats.  1917,  p.  358.] 

§  3669d.  Procedure  for  relieving  forfeiture.  1.  Any  corporation  which 
has  heretofore  failed  to  pay  any  tax  and  penalty  imposed  under  the 
provisions  of  section  fourteen,  article  thirteen,  of  the  constitution,  and 
chapter  three  hundred  thirty-five,  statutes  1911  and  amendments  thereof, 
and  for  such  nonpaj^ment  suffered  a  forfeiture  of  the  charter  of  such 
corporation  or  of  its  right  to  do  business  in  this  state,  may  be  relieved 
of  such  forfeiture,  or  may  be  restored  to  its  right  to  do  business  in  this 
state,  upon  making  application  therefor  in  writing  and  pajdng  the  tax 
and  penalties  for  nonpayment  of  which  such  forfeiture  occurred.  Ap- 
plication for  restoration,  under  the  provisions  of  this  section,  shall  be 
made  in  writing,  shall  be  signed  by  four-fifths  of  the  surviving  trustees 
or  directors  of  said  corporation,  duly  verified  by  said  trustees  or  directors, 
and  filed  with  the  state  controller.  In  case  such  application  for  revivor  is 
made  in  any  year  other  than  the  year  in  which  such  forfeiture  occurred 
then  upon  payment  of  twice  the  amount  of  the  tax  and  penalty  due  the 
state  for  the  year  in  which  such  forfeiture  occurred,  together  with  the 
amount  of  the  license  fee  due  th'e  state  under  the  corporation  license  tax 
act  for  the  year  in  which  such  forfeiture  occurred  and  for  the  year  in  which 
such  revivor  is  sought,  the  state  controller  shall  issue  a  certificate  of 
revivor  to  such  corporation,  and  thereupon  such  corporation  is  revived 
and  its  powers  restored  to  full  force  and  effect. 

The  revivor  of  a  corporation  under  the  provisions  of  this  section  shall 
lie  without  prejudice  to  any  action  or  proceeding,  defense  or  right,  which 
lias  occurred  by  reason   of   the  original  forfeiture. 

2.  Reviving  corporation  under  new  name.  In  case  the  name  of  any 
corporation  which  has  suffered  a  forfeiture  under  the  provisions  of  chap- 
ter three  hundred  thirty-five,  statutes  of  1911  or  amendments  thereof, 
has  been  adopted  by  any  other  corporation  since  the  date  of  said  for- 
feiture, or  in  case  any  corporation  has  adopted  subsequent  to  such  for- 
feiture any  name  so  closely  resembling  the  name  of  such  reviving  cor- 
poration as  will  tend  to  deceive,  then  such  reviving  corporation  shall 
be  entitled  to  a  certificate  of  revivor  pursuant  to  the  terms  of  this 
section  only  upon  the  adopting  by  such  corporation  seeking  revivor  of 


§  3669e  POLITICAL  code,  334 

a  new  name,  and  in  such  case  nothing  in  this  section  contained  shall 
be  construed  as  permitting  such  reviving  corporation  to  carry  on  any 
business  under  its  former  name.  Such  reviving  corporation  shall  have 
the  right  to  use  its  former  name  or  take  such  new  name  only  upon  filing 
ail  application  therefor  with  the  secretary  of  state,  and  upon  the  issuing 
of  a  certificate  to  such  corporation  by  the  secretary  of  state,  setting 
forth  the  right  of  such  corporation  to  take  such  new  name  or  use  its 
former  name  as  the  case  may  be.  The  secretary  of  state  shall  not  issue 
any  certificate  permitting  any  corporation  to  take  or  use  the  name  of 
any  corporation  heretofore  organized  in  this  state  and  which  has  not 
suffered  a  forfeiture  under  either  of  the  acts  in  this  section  first  above 
mentioned,  or  to  take  or  use  a  name  so  closely  resembling  the  name  of 
any  corporation  heretofore  organized  in  this  state  as  will  tend  to  deceive. 
The  provisions  of  title  nine,  part  three  of  the  Code  of  Civil  Procedure, 
in  so  far  as  they  conflict  with  this  section  of  this  code  are  not  applicable 
to  corporations  seeking  revivor  under  this  section.  [New  section  added 
May  11,  1917;  Stats.  1917,  p.  361.] 

§  36698.  Powers  of  state  board  of  equalization.  In  addition  to  the 
powers  and  duties  prescribed  elsewhere  in  this  code,  it  is  the  duty  of 
the  state  board  of  equalization,  and  the  said  board  shall  ha^e  power, 
for  carrying  into  eff.ect  the  provisions  for  assessments  under  section 
fourteen  of  article  thirteen  of  the  constitution  of  this  state: 

1.  Prescribe  forms.  To  prescribe  the  forms  upon  which  the  reports 
required  by  sections  three  thousand  six  hundred  sixty-five  c,  three  thou- 
sand six  hundred  sixty-six  b  and  three  thousand  six  hundred  sixty-seven 
of  this  code  shall  be  made. 

2.  Inspect  property.  Whenever  deemed  necessary,  to  visit  as  a  board, 
or  by  the  individual  members  thereof,  or  to  send  its  secretary  or  duly 
appointed  representative  to  any  portion  of  this  state  for  the  purpose  of 
inspecting  property  and  learning  the  value  thereof,  and  of  .collecting  in- 
formation to  enable  it  to  justly  assess  and  levy  the  taxes  provided  for 
as  aforesaid. 

3.  Call  public  officials.  To  call  before  it,  or  any  member  thereof,  or 
before  its  secretary  or  duly  appointed  representative  on  such  visit,  any 
public  official,  and  to  require  him  to  produce  any  public  record,  papers 
or  documents  in  his  custody. 

4.  Issue  subpoenas.  To  issue  subpoenas  for  the  attendance  of  wit- 
nesses or  the  production  of  books  before  the  board,  or  any  member 
thereof;  which  subpoenas  must  be  signed  by  a  member  of  the  board  and 
may  be  served  by  any  person. 

.5.  Require  attendance.  To  require  any  person  having  knowledge  of 
the  business  of  any  of  the  companies  mentioned  in  section  fourteen  of 
article  thirteen  of  the  constitution  of  this  state,  or  having  the  custody 
of  the  books  and  accounts  of  such  companies,  to  attend  before  the  board 
or  any  member  thereof,  or  before  the  secretary  or  the  duly  appointed 
representative  of  said  board  and  bring  with  him  for  inspection  any 
books,  or  papers,  of  sueli  company  in  his  possession  or  under  his  control, 
and  to  testify  under  oath   touching  any   matter  relating  to   the   assess- 


335  .  POLITICAL   CODE.  §  3670 

ment  to  be  made  under  the  provisions  of  the  constitution  aforesaid.  A 
member  of  the  board,  its  secretary,  or  duly  appointed  representative  is 
authoi'ized  to  administer  such  oath. 

6.  Examine  books  and  accounts.  Said  board  of  equalization  is  hereby 
authorized  and  empowered  to  examine  the  books  and  accounts  of  all 
companies  required  by  law  to  report  to  it  and  to  employ  an  expert  ac- 
countant or  accountants  to  assist  in  the  examination  of  the  books  and 
accounts  of  any  such  companies  when  in  the  judgment  of  said  board 
the  exigencies  of  the  case  may  so  require. 

7.  Unlawful  to  divulge  information.  It  shall  be  unlawful  for  any 
member  or  ex-member  of  the  state  board  of  equalization,  or  for  any 
agent  employed  by  it,  or  for  the  controller,  or  ex-controller,  or  for  any 
person  employed  by  him  or  for  any  person  who  may  at  any  time  have 
obtained  such  knowledge  from  any  of  the  foregoing  officers  or  persons, 
to  divulge  or  make  known  in  any  manner  whatever  not  provided  by  law, 
any  of  the  following  items  of  information  concerning  the  business  affairs 
of  companies  reporting  to  the  said  board: 

(a)  Any  information  concerning  the  business  affairs  of  any  company 
which  is  gained  during  an  examination  of  its  books  and  accounts  or  in 
any  other  manner,  and  which  information  is  not  required  to  be  reported 
to  the  state  board  of  equalization  in  the  reports  or  statements  provided 
for  in  paragraphs  numbered  one  to  .twelve  of  section  three  thousand  six 
hundred  sixty-five  «  and  paragraphs  numbered  one  to'ten  of  section  three 
thousand  six  hundred  sixty-seven  of  this  code. 

(b)  Any  information,  other  than  the  assessment  and  the  amount  of 
taxes  levied,  obtained  by  the  state  board  of  equalization  in  accordance 
with  the  provisions  of-  sections  throe  thousand  six  hundred  sixty-five  c 
and  three  thousand  six  hundred  sixty-seven  of  this  code,  from  any  com- 
pany other  than  any  of  those  enumerated  in  sections  three  thousand  six 
hundred  sixty-four  a,  three  thousand  six  hundred  sixty-four  b  and  three 
thousand  six  hundred  sixty-four  c  of  this  code. 

(c)  Any  particular  item  or  items  of  information  relating  to  the  dis- 
position of  its  earnings  contained  in  the  report  of  a  quasi-public  cor- 
poration which  any  such  corporation  may,  by  written  communication 
specifying  the  items  and  presented  at  the  time  when  it  files  its  report, 
request  shall  be  treated  as  confidential. 

Provided,  however,  that  the  governor  may  authorize  examination  of 
such  reports  by  other  state  officers,  in  which  event  the  information 
obtained  by  such  officers  shall  not  be  made  public,  and  he  may  also  direct 
that  any  of  the  information  herein  referred  to  be  made  public,  in  which 
event  it  shall  no  longer  be  unlawful  to  divulge  or  make  known  the 
same. 

Any  violation  of  the  provisions  of  subdivision  seven  of  this  section 
shall  be  a  misdemeanor  and  shall  be  punished  by  a  fine  not  exceeding 
five  hundred  dollars,  or  by  imprisonment  not  exceeding  six  months,  or 
both,  at  the  discretion  of  the  court.  [New  section  added  May  11,  1917; 
Stats.  1917,  p.  363.] 

§  3670.  Eq.ualization  of  assessments  on  real  estate  of  banks.  On  the 
second  Monday  in  August  of  each  year  the  auditor  of  each  county  must 


§  3670a  POLITICAL  code.  33G 

rejiort  to  the  state  board  of  equalization,  in  addition  to  the  items  re- 
quired to  be  so  reported  by  him  under  section  three  thousand  seven 
hundred  twenty-eight  of  this  code,  the  value  of  each  piece  of  real  estate 
other  than  mortgage  interests  therein  belonging  to  each  bank  in  his 
county  as  assessed  and  equalized  for  purposes  of  county  taxation. 

Whenever  the  state  board  of  equalization  is  satisfied  after  investiga- 
tion that  any  county  assessor,  or  board  of  equalization,  has  assessed  any 
real  estate  belonging  to  any  bank  above  its  full  cash  value  and  has 
thereby  unjustly  reduced  the  amount  of  taxes  due  the  state  from  said 
bank,  said  state  board  shall,  under  such  rules  of  notice  to  the  clerk  of 
the  board  of  supervisors  of  the  county  affected  thereby  as  the  said 
state  board  shall  deem  reasonable,  equalize  the  assessed  value  of  such 
real  estate  and  shall  upon  completion  of  said  equalization  issue  an  order 
to  said  assessor  or  board  of  equalization  and  to  the  county  auditor  of 
the  county  in  which  said  real  estate  is  located,  fixing  the  assessed  value 
of  said  real  estate. 

The  value  so  equalized  and  fixed,  and  no  other,  shall  be  deemed  the 
value,  as  assessed  for  county  taxes,  of  such  real  estate,  and  the  sole 
basis  of  taxation  upon  such  real  estate  for  county  taxes. 

A  copy  of  the  order  certified  by  the  secretary  of  the  state  board  of 
equalization  shall  be  prima  facie  evidence  of  the  regularity  of  all  pro- 
ceedings of  the  board  resulting  in  the  action  which  is  the  subject 
matter  of  the  order.  [New  sectioh  added  May  11,  1917;  Stats.  1917, 
p.  364.] 

The  old  section  3670  relating  to  actions  bv  the  controller  for  taxes 

was  repealed  May  11,  1917;   Stats.   1917,  p.  336. 

§  3670a.  Equalization  of  assessments  on  real  estate  of  insurance  com- 
panies. The  state  board  of  equalization  shall  immediately  after  the 
county  and  city  assessments  have  been  completed,  ascertain  the  value 
of  any  real  estate  belonging  to  any  insurance  company  as  assessed  and 
equalized  for  purposes  of  county  and  of  city  taxation. 

Whenever  the  state  board  of  equalization  is  satisfied  after  investiga- 
tion that  any  county,  city  and  county,  city,  or  district  assessor,  or  board 
of  equalization,  has  assessed  any  real  estate  belonging  to  any  insurance 
company  above  its  full  cash  value  and  has  thereby  unjustly  reduced 
the  amount  of  taxes  due  the  state  from  said  insurance  company,  said 
state  board  shall,  under  such  rules  of  notice  to  the  clerk  of  the  board  of 
su[)ervisois  of  the  county  or  the  proper  officer  of  the  city  affected  as  tlie 
boaid  sliall  (Icciii  reasonable,  equalize  the  assessed  value  of  such  real 
estate  and  sliall  upon  the  completion  of  said  equalization,  issue  an  order 
to  said  assessor  or  board  of  ecpialization  and  to  the  county,  city  and 
county,  city  or  district  auditor  or  clerk  of  the  county,  city  and  county, 
city,  or  district  in  which  said  real  estate  is  located,  fixing  the  assessed 
value  of  said  real  estate. 

The  value  so  equalized  and  fixed,  and  no  other,  shall  be  deemed  the 
value,  as  assessed  for  county,  city  and  county,  city,  or  district  taxes,  of 
such  real  estate,  and  the  sole  basis  of  taxation  upon  such  real  estate, 
for  county,  municipal  and  district  taxes. 

A  cojiy  of  the  order  certified  by  the  secretary  of  the  stale  l)()ard  of 
(•i|iiiilix.at  ion    slinli   li<>    prinin    facie   evidnicr    of   Die   regularity   of   all   pro- 


337  POLITICAL  CODE.  §  3670b 

ceedings  of  the  board  resulting  in  the  action  which  is  the  subject 
matter  of  the  order.  [New  section  added  May  11,  1917j  Stats.  1917, 
p.  365.] 

§  3670b.  Segregation  by  assessor.  Each  county,  city  and  county,  city 
and  district  assessor  must  segregate  on  his  assessment-roll,  as  directed 
by  the  state  board  of  equalization: 

1.  Assessments  by  state  board  of  equalization.  Tlie  assessments  made 
by  the  state  board  of  equalization,  and  apportioned  to  the  county,  city 
and  county,  city,  town,  township,  or  district,  upon  the  franchises,  road- 
way, roadbed,  rails  and  rolling  stock  of  all  railroads  operated  in  more 
than  one  county  in  this  state  under  the  provisions  of  the  Political  Code 
as  the  same  existed  and  were  in  force  on  the  seventh  day  of  November 
in  the  year  one  thousand  nine  hundred  ten;  and 

2.  Assessments  by  assessors.  Equalization  of  assessments.  Separate 
tax  rate  for  bonded  indebtedness.  Payment  by  controller  to  county 
treasurer.  The  assessments  made  by  said  assessors  of  any  other  prop- 
erty enumerated  in  subdivisions  (a),  (b),  and  (d)  of  section  fourteen  of 
article  thirteen  of  the  constitution  of  this  state,  which  is  located  in  the 
county,  or  city  and  county,  or  any  city,  town,  township,  or  district  in 
which  it  is  subject  to  taxation  for  paying  the  principal  and  interest  of 
any  bonded  indebtedness  created  and  outstanding  by  any  city,  city  and 
county,  county,  town,  township,  or  district  prior  to  the  eighth  day  of 
November  in  the  year  one  thousand  nine  hundred  ten,  as  provided  in 
subdivision  (e)  of  section  fourteen  of  article  thirteen  of  the  constitution 
of  this  state. 

Immediately  upon  completion  of  the  assessment  and  equalization  of 
property  for  the  purposes  of  taxation  in  each  year  the  auditor  or  clerk 
of  each  county,  city  and  county,  city,  town,  or  district  must  transmit 
to  the  state  board  of  equalization  a  duplicate  of  that  part  of  the  assess- 
ment-roll containing  the  assessments  and  apportionments  referred  to  in 
paragraphs  one  and  two  of  this  section. 

\\  henever  the  state  board  of  equalization  is  satisfied  after  investiga- 
tion that  any  county,  city, '  or  other  assessor,  or  board  of  equalization, 
has  assessed  for  taxation  to  pay  the  principal  and  interest  of  any  bonded 
indebtedness  created  and  outstanding  by  any  county,  city  and  county, 
city,  town,  township,  or  district  prior  to  the  eighth  day  of  November  in 
the  year  one  thousand  nine  hundred  ten,  as  provided  in  subdivision  (e) 
of  section  fourteen  of  article  thirteen  of  the  constitution  of  this  state, 
any  of  the  jjroperty  taxed  exclusively  for  state  purposes  as  provided 
in  subdivisions  (a),  (b)  and  (d)  of  section  fourteen  of  article  thirteen 
of  the  constitution  of  this  state,  or  has  assessed  for  purposes  of  county, 
city  and  county,  city,  or  district  taxation  the  property  other  than  the 
franchise  of  any  company  taxable  for  a  franchise  under  subdivision 
(d)  of  said  section  and  article  of  the  constitution,  above  its  full  cash 
value  and  has  thereby  unjustly  reduced  the  amount  of  taxes  due  the 
state  on  such  property,  said  state  board  shall,  under  such  rules  of  notice 
to  the  clerk  of  the  board  of  supervisors  of  the  county,  or  city  and 
county,  or  to  the  city  clerk  of  the  city,  affected  thereby  as  the  board 
shall  deem  reasonable,  equalize  the  assessed  value  of  such  property,  and 
22 


§  3670c  POLITICAL  CODE.  338 

shall  issue  an  order  to  said  assessor  or  board  of  equalization  and  to  the 
county  or  city  auditor  or  clerk  of  the  county,  city  and  county,  or  city 
in  which  the  property  is  located,  fixing  the  assessed  value  of  such 
property. 

The  value  so  equalized  and  assessed,  and  no  other,  shall  be  deemed 
the  value  of  said  property,  and  its  assessment  for  taxes  levied  to  pay 
the  principal  and  interest  of  any  such  outstanding  bonded  indebtedness, 
and  in  the  case  of  companies  taxable  for  a  franchise  under  said  sub- 
division (d)  of  said  section  and  article  of  the  constitution  shall  be 
deemed  the  value  of  the  said  property,  and  its  assessment  for  taxes  for 
county,  city  and  county,  municipal  and  district  purposes. 

When  making  the  tax  levy  and  fixing  the  rates  of  taxation  for 
county,  citj'  and  county,  city,  town,  township,  or  district  purposes,  the 
board  of  supervisors  of  any  county,  or  city  and  county,  and  the  corre- 
sponding authority  in  any  city,  having  bonded  indebtedness  issued  and 
outstanding  on  the  eighth  day  of  November  in  the  year  one  thousand 
nine  hundred  ten,  shall  fix  the  tax  rate  for  such  bonded  indebtedness 
separate  and  apart  from  all  other  tax  rates,  whether  for  subsequent 
bonded  indebtedness  or  for  other  purposes. 

The  county,  city  and  county,  or  city  auditor  or  clerk  shall  extend  on 
the  assessment-roll  against  the  assessments  segregated  as  herein  pro- 
vided, the  taxes  necessary  to  pay  the  principal  and  interest  of  said 
bonded  indebtedness  at  the  same  rate  as  said  taxes  for  payment  of 
principal  and  interest  of  said  outstanding  bonded  indebtedness  shall  be 
levied  upon  the  other  classes  of  property  within  the  same  county,  city 
and  county,  city,  town,  township,  or  district,  and  the  amount  of  each 
such  taxes  shall  be  certified  by  said  auditor  or  clerk  to  the  controller 
and  the  amount  so  certified  shall  then  be  credited  by  the  controller  to 
the  county,  city  and  county,  city,  town,  township,  or  district  to  which 
it  is  due;  and  said  amount  shall  be  paid  by  said  controller  to  the  treas- 
urer of  such  county,  or  city  and  county  as  provided  in  section  three 
thousand  six  hundred  seventy  c  of  this  code,  and  upon  such  payment  said 
treasurer  shall  forthwith  certify  such  fact  to  the  tax  collector  who  shall 
thereupon  mark  upon  the  assessment-roll  the  date  of  payment  and  the 
words  "paid  by  the  state  treasurer."  The  city  clerk  or  auditor  shall 
in  the  certificate  mentioned  in  this  paragraph  also  state  the  date  when 
taxes  in  such  city  shall  become  delinquent.  [New  section  added  May  11, 
1917;   Stats.   1917,   p.   366.] 

§  3670c.  Money  credited  to  what  fund.  1.  The  controller  shall  out  of 
the  taxes  collected  by  him  under  the  provisions  of  section  fourteen  of 
article  thirteen  of  the  constitution  of  this  state  and  the  provisions  of 
the  sections  of  this  code  applicable  thereto,  credit  to  the  fund  created 
by  an  act  of  the  thirty-ninth  session  of  the  legislature  entitled:  "An  act 
appropriating  money  for  the  purpose  of  payment  of  that  part  of  the 
jirincipal  and  interest  of  any  bonded  indebtedness  created  and  out- 
standing by  any  city,  city  and  county,  county,  town,  township  or  dis- 
trict on  the  eighth  day  of  November  in  the  year  one  thousand  nine 
hundred  ten,  which  is  provided  for  in  section  fourteen  of  article  thir- 
teen of  the  constitution  of  this  state,  and  as  provided  in  an  act  of  the 
thirty-ninth    session    of   the    legislature    entitled   'An    act   to    carry   into 


339  POLITICAL   CODE.  §  3671 

effect  the  provisions  of  section  fourteen  of  article  thirteen  of  the  con- 
stitution of  the  State  of  California  as  said  constitution  was  amended 
November  8,  1910,  providing  for  the  separation  of  state  from  local  taxa- 
tion, and  providing  for  the  taxation  of  public  service  and  other  cor- 
porations for  the  benefit  of  the  state,  all  relating  to  revenue  and  taxa- 
tion,' "  or  any  act  or  acts  amendatory  thereof  or  supplementary  thereto, 
the  money  duo  to  each  county,  city  and  county,  city,  tovs^n,  township,  or 
district  on  account  of  taxes  to  pay  the  principal  and  interest  of  any 
bonded  indebtedness  created  and  outstanding  by  any  city,  city  and 
county,  county,  town,  township  or  district,  on  the  eighth  day  of  Novem- 
ber in  the  year  one  thousand  nine  hundred  ten. 

2.  Time  for  settlements  with  county  treasurer.  The  controller  shall  in 
the  mouths  of  October  and  March  in  each  year  settle  with  the  treasurer 
of  each  county  and  city  and  county  for  the  money  collected  by  said 
controller  under  this  section,  for  the  moneys  due  said  county  or  city 
and  county  and  the  townships  and  districts  within  such  county  or  city 
and  county,  in  the  same  manner  as  settlements  are  made  between  the 
county  or  city  and  county  treasurers  and  "the  controller  as  provided  for 
in  section  three  thousand  eight  hundred  sixty-six  of  this  code. 

3.  Settlement  with  city  and  town  treasurers.  The  controller  shall  at 
the  same  times,  settle  with  each  city  and  town  for  the  moneys  due  such 
city  or  town  for  the  purposes  mentioned  in  this  section,  and  when  ready 
for  such  settlement  shall  notify  the  city  or  town  treasurer  of  the  amount 
of  money  due  the  city  or  town  for  said  purposes,  and  that  upon  receipt 
of  proper  authority  so  to  do,  he  will  forward  to  said  city  or  town  treas- 
urer a  warrant  for  the  amount  thereof;  provided,  however,  that  upon 
receipt  of  notice  from  any  such  city  or  town  treasurer  that  any  bond 
issue  matures  for  jirincipal  or  interest  before  the  date  of  such  settle- 
ment, which  notice  shall  state  the  amount  thereof  due  from  the  state 
and  the  date  of  maturity,  and  that  said  amount  due  from  the  state  is 
required  in  order  to  pay  the  same,  the  said  controller  must,  before  said 
date  of  maturity,  forward  his  warrant  to  such  city  or  town  treasurer  in 
the  manner  above  provided  for  the  amount  ascertained  by  him  to  be  due. 
The  treasurer  of  the  county  or  city  and  county  shall  forthwith,  upon 
receipt  by  him  of  the  moneys  so  hereinbefore  directed  to  be  paid  by 
said  controller,  credit  the  amount  so  received  by  him  to  the  county, 
city  and  county,  township  or  district,  respectively  entitled  thereto,  and 
])ay  the  same  in  the  manner  provided  by  law. 

4.  Repayment  of  excess.  Any  excess  paid  by  the  controller  to  a 
county,  city  and  county,  city,  town,  or  to  a  county  or  city  and  county 
or  any  township  or  district,  over  and  above  the  state's  share  of  the 
amount  actually  expended  by  such  county,  city  and  county,  city,  town, 
lownship  or  district,  to  pay  the  interest  and  principal  of  said  bonded 
iadebtedness  in  any  year,  shall  be  repaid  to  the  state  in  such  manner 
as  the  controller  shall  direct.  [New  section  added  May  11,  1917;  Stats. 
1917,    p.    367.] 

§  3671.  Reimbursement  of  counties  until  1918.  Until  the  year  one 
thousand  nine   hundred   eighteen  the   state  shall  reimburse   any   and  all 


§§3G71a-3671d  political  code.  340 

counties  which  sustain  loss  of  revenue  by  the  withdrawal  of  railroad 
property  from  county  taxation  for  the  net  loss  in  county  revenue  occa- 
sioned by  the  withdrawal  of  railroad  property  from  county  taxation  in 
the  manner,  at  the  times,  and  in  the  amounts  specified  in  an  act  of 
the  thirty-ninth  session  of  the  legislature  entitled  "An  act  to  provide 
for  the  reimbursement  of  counties  in  this  state  which  sustain  net  loss 
of  revenue  by  the  withdrawal  of  railroad  property  from  county  taxation, 
under  the  provisions  of  section  fourteen  of  article  thirteen  of  the  con- 
stitution of  this  state,"  or  any  act  or  acts  amendatory  thereof  or  sup- 
plementary thereto.  [New  section  added  May  11,  1917;  Stats.  1917, 
p.  369.] 

The  old  section  3671,  relating  to  the  basis  for  eountv  taxation  was 
repealed  May  11,  1917;  Stats.  1917,  p.  336. 

§  3671a.  Expenses  of  county  treasurer.  The  provisions  of  section 
three  thousand  eight  hundred  seventy-six  of  the  Political  Code  shall  not 
apply  to  the  settlements  made  with  the  state  treasurer  under  sections 
three  thousand  six  hundred  seventy  c  and  three  thousand  six  hundred 
seventy-one  of  this  code,  but  the  county  board  of  supervisors  may  if  it 
deem  necessary  allow  the  county  treasurer  the  actual  expenses  incurred 
in  collecting  the  money  due  the  county  from  the  state.  [New  section 
added  May  11,  1917;   Stats.  1917,  p.  369.] 

§  36711}.  Eeimbursement  of  districts.  The  board  of  supervisors  of 
each  county  sliall  in  the  mouth  of  September  of  each  year  determine  the 
amount  of  loss  to  each  district  in  the  county  where  loss  is  occasioned 
in  such  district  by  the  withdrawal  from  local  taxation  of  property 
taxed  for  state  purposes  only,  and  in  the  month  of  December  next  there- 
after shall  reimburse  such  district  from  the  general  funds  of  the  county 
for  one-half  of  such  loss,  and  in  the  month  of  May  next  thereafter  shall 
reimburse  such  district  from  the  general  fund  of  the  county  for  the 
remaining  one-half  of  sucli  loss.  [New  section  added  May  11,  1917; 
Stats.  1917,  p.  369.] 

§  3671c.  Tax  to  meet  deficiency  in  state  revenue.  Any  tax  required 
to  be  levied  for  state  purposes  as  provided  in  subdivision  (e)  of  section 
fourteen  of  article  thirteen  of  the  constitution  as  amended  the  eighth 
day  of  November  in  the  year  one  thousand  nine  hundred  ten,  to  meet 
any  deficiency  in  the  state  revenue  shall  be  assessed,  levied  and  eol- 
iccted  on  all  i)ro]ierty  in  the  state,  not  exemi)t  from  taxation  including 
llie  cla.sses  of  j)roperty  enumerated  in  section  fourteen  of  article  thir- 
teen of  the  constitution  of  this  state,  under  the  provisions  of  the 
I'oiitical  Code  relating  to  the  assessment,  levy  and  collection  of  state 
and  county  taxes  as  said  provisions  were  in  force  on  the  seventh  day 
of  November  in  the  year  one  thousand  nine  hundred  ten.  [New  section 
added  May   11,   1917;  Stats.  1917,  p.  369.] 

§  367 Id.  Laws  in  effect.  All  laws  in  force  prior  to  the  eighth  day 
of  November  in  the  year  one  thousand  nine  hundred  ten,  relating  to 
taxation,  in  so  far  as  said  laws  may  be  necessary  for  the  assessment, 
levy,  anil  collection  of  state,  county,  city  and  county,  municipal  or  dis- 
trict taxes,  or  in   so  far  as  said  laws  inay  be   necessary  for  the  assess- 


341  POLITICAL  CODE.  §§  3678-3714 

mont,  levy  and  collection  of  the  taxes  foi'  state  purposes,  on  all  the 
[)roperty  in  the  state,  not  exempt  from  taxation,  to  meet  a  deficiency  in 
the  revenues  for  the  support  of  the  state  government,  or  to  pay  the 
principal  and  interest  of  any  bonded  indebtedness  created  and  outstand- 
ing by  any  city,  city  and  county,  county,  town,  township,  or  district, 
both  as  provided  in  subdivision  (e)  of  section  fourteen  of  article  thir- 
teen of  the  constitution  as  amended  on  the  eighth  day  of  November  in 
the  year  one  thousand  nine  hundred  ten  shall  be  and  remain,  for  such 
purposes,  in  full  force  and  effect.  [New  section  added  May. 11,  1917; 
Stats.  1917,  p.  870.] 

§  3678.  Statement  by  auditor.  To  assist  the  assessor  in  the  perform- 
ance of  his  duties,  the  auditor  must  annually  transmit  to  the  assessor, 
within  ten  days  after  the  first  Monday  in  March  of  each  year,  a  com- 
plete and  true  statement  of  all  property  which  has  been  redeemed  under 
or  by  virtue  of  any  sale  made  to  the  state  for  delinquent  taxes,  together 
with  a  complete  and  true  statement  of  all  property  sold  to  the  state 
and  remaining  unredeemed.  [Amendment  approved  May  11,  1917;  Stats. 
1917,  p.  430.] 

§  3679.  Supervisors  to  use  record  in  equalizing  assessments.  [Re- 
pealed May  11,  1917;  Stats.  1917,  p.  427.] 

§  3700a.  Salary,  secretary  state  board  of  equalization.  The  annual 
salary  of  the  secretary  of  the  state  board  of  equaliztion  is  four  thousand 
dollars,  payable  monthly  in  the  same  manner  as  the  salaiies  of  other 
state  officers  are  paid.  [New  section  added  May  14,  1917;  Stats.  1917, 
p.   473.] 

§3701.  Duties  of  secretary.  It  shall  be  the  duty  of  the  secretary  to 
keep  an  accurate  record  of  the  proceedings  of  the  board  in  a  book  spe- 
cially provided  for  such  purposes.  When  required  by  the  board  or  the 
chairman  he  shall  visit  the  several  counties  and  collect  data  and  informa- 
tion relative  to  the  assessment  of  property  therein,  or  the  railway  prop- 
erty therein,  and  consult  and  advise  with  all  officers  charged  with  en- 
forcement of  the  revenue  laws,  and  report  such  data  and  information  to 
the  board.  To  prepare,  biennially,  the  report  of  the  board  to  the  gov- 
ernor, and  when  printed,  to  distribute  such  report,  as  required  by  law 
and  as  directed  by  the  board.  To  do  and  perform  all  other  acts  and 
things  enjoined  by  law  or  required  by  the  board.  The  secretary  is  a  civil 
executive  officer  and  is  authorized  to  administer  and  certify  oaths  in  any 
county  in  the  state.  [Amendment  approved  May  11,  1917;  Stats.  1917, 
p.  430.] 

§  3714.  Limit  for  bonded  indebtedness.  The  board  of  supervisors  of 
each  county  must  on  the  first  Tuesday  after  the  first  Monday  of  Septem- 
ber of  each  year,  fix  the  rate  of  county  taxes,  designating  the  number  of 
cents  levied  for  each  fund  on  each  one  hundred  dollars  of  property,  and 
must  levy  the  state  and  county  taxes  upon  the  taxable  property  in  the 
county;  provided,  that  it  shall  not  be  lawful  for  any  board  of  super- 
visors of  any  county  in  the  state  to  levy,  nor  shall  any  tax  greater  than 
fifty  cents  on  each  one  hundred  dollars  of  property  be  levied  and  col- 


§§  3714a-3753  political  code.  342 

lected  in  any  one  year,  to  pay  the  bonded  indebtedness,  or  judgment 
arising  therefrom,  of  this  state,  or  of  any  county  or  municipality  in  this 

state.      [Amendment  approved  March  20,  1917;  Stats.  1917,  p.  13.] 

§  3714a.  Statement  of  tax  rate  sent  to  controller.  When  the  board  of 
supervisors  of  each  county,  and  city  and  county  shall  have  fixed  the  rate 
of  county,  or  city  and  county  taxation,  the  clerk  of  the  board  of  super- 
visors must,  within  three  days  after  such  rate  has  been  fixed,  transmit 
by  mail,  postage  paid,  to  the  controller,  in  such  form  as  the  controller 
shall  direct,  a  statement  of  the  rate  of  taxation  levied  by  the  board  of 
supervisors  for  county,  or  city  and  county  taxation.  If  the  clerk  fails 
to  transmit  such  statement  in  the  time  herein  provided  for,  he  shall  for- 
feit to  the  state  one  thousand  dollars,  to  be  recovered  in  an  action 
brought  by  the  attorney  general,  in  the  name  of  the  controller.  [New- 
section  added  May  11,  1917;  Stats.  1917,  p.  430.] 

§3719.     Levy  of  state  school  tax.     [Eepealed  1917;  Stats.  1917,  p.  431.] 

§  3728.  Statements  from  "assessment-book."  The  auditor  must,  on  or 
before  the  second  Monday  in  August  in  each  year,  prepare  from  the 
"assessment-book"  of  such  year,  as  corrected  by  the  board  of  supervisors, 
duplicate  statements,  showing  in  separate  columns — 

1.  The  number  of  acres  of  land. 

2.  The  total  value  of  all  property. 

3.  The  value  of  real  estate. 

4.  The  value  of  improvements  thereon. 

0.  The  value  of  personal   property,  exclusive  of  money. 

6.  The  amount  of  money. 

7.  Such  other  information  as  the  state  board  of  equalization  may  re- 
quire.     [Amendment  approved  May  11,  1917;  Stats.  1917,  p.  431.] 

§  3734.  Statement  of  amount  charged  sent  to  controller.  On  deliver- 
ing the  assessment-book  to  the  tax  collector,  the  auditor  must  charge  the 
tax  collector  with  the  full  amount  of  the  taxes  levied,  and  forthwith 
transmit  by  mail  to  the  controller  of  state,  in  such  form  as  the  controller 
may  prescribe,  a  statement  of  the  amount  ?o  charged.  Any  auditor  fail- 
ing to  forward  such  statement  to  the  controller  within  ten  days  after  the 
roll  has  been  delivered  to  the  tax  collector,  forfeits  to  the  state  one  thou- 
sand dollars,  to  be  recovered  in  an  action  brought  by  the  attorney  gen- 
eral, in  the  nam^  of  the  controller.  [Amendment  approved  May  11, 
1917;  Stats.  1917,'p.  431.] 

§  3753.  Statement  by  tax  collector.  On  the  first  Monday  in  each 
month  tlic  tax  collector  must  settle  with  the  auditor  for  all  moneys  col- 
lected for  the  state  or  county,  and  pay  the  same  to  the  county  treasurer, 
and  on  the  same  day  must  deliver  to  and  file  in  the  office  of  the  auditor 
;i  statement  under  oath,  showing: 

1.  An  itemized  account  of  all  his  transactions  and  receipts  since  his 
last  settlement,  which  account  must  show  the  amount  collected  for  each 
fund   or  district  extendod  on   the  assessment-book. 


343  POLITICAL  CODE.  §§  3757-3818 

2.  That  all  money  collected  by  him  as  tax  collector  has  been  so  paid 
to  the  county  treasurer.  [Amendment  approved  May  11,  1917;  Stats. 
1917,  p.  431.] 

§3757.  When  taxes  become  delinquent.  [Eepealed  1917;  Stats.  1917, 
p.  131.] 

§  3769a.     Land  sold  for  taxes  encumbered  by  trust  deed  or  mortgage. 

[Kepealed  1917;  Stats.  1917,  p.  431.] 

§  3787.  Tax  deed  conclusive  evidence.  Such  deed,  duly  acknowledged 
or  proved,  is  (except  as  against  actual  fraud)  conclusive  evidence  of  the 
regularity  of  all  other  proceedings,  from  the  assessment  by  the  assessor, 
inclusive,  up  to  the  execution  of  the  deed. 

Such  deed  conveys  to  the  state  the  absolute  title  to  the  property  de- 
scribed therein,  free  of  all  encumbrances,  except  any  lien  of  taxes  levied 
for  municipal  or  irrigation  district  purposes  and  except  when  the  land 
is  owned  by  the  United  States  or  this  state;  in  which  case  it  is  the  prima 
facie  evidence  of  the  right  of  possession,  accrued  as  of  the  date  of  tne 
deed  to  the  state.  [Amendment  approved  May  5,  1917;  Stats.  1917, 
P.  241.] 

§  3804b.  Property  assessed  by  two  or  more  counties.  Cancellation  of 
double  assessment.  Where  real  property  shall  hereafter  be  assessed  by 
the  assessors  of  two  or  more  counties  for  the  same  year  the  owner  thereof 
may  file  an  action  in  the  superior  court  of  one  of  said  counties  against 
the  conflicting  claimants  and  discharge  the  obligation  by  paying  the  larg- 
est amount  of  taxes  assessed  and  levied  on  said  land  by  any  of  said 
counties  into  court  and  compel  said  counties  to  interplead  and  litigate 
their  several  claims  among  themselves  in  accordance  with  section  three 
hundred  eighty-six  of  the  Code  of  Civil  Procedure.  Where  real  property 
has  heretofore  been  assessed  by  the  assessors  of  two  or  more  counties  for 
the  same  year  and  the  owner  thereof  has  paid  all  of  the  taxes  on  one 
of  such  assessments,  upon  proof  of  the  payment  of  such  taxes  on  one 
of  such  assessments  for  any  year,  by  the  production  of  a  tax  receipt  or 
certificate  of  the  auditor  of  the  county  in  which  such  payment  has  been 
made,  the  board  of  supervisors  of  any  other  county  claiming  the  right  to 
assess  and  tax  such  real  property,  shall  thereupon  enter  an  order  upon 
its  minutes  directing  the  auditor  to  cancel  such  double  assessment  of  such 
property  by  an  entry  on  the  margin  of  the  assessment-book,  as  also  upon 
the  delinquent  list,  should  such  double  assessment  be  carried  therein. 
If  the  property  assessed  under  such  double  assessment  has  been  sold  to  the 
state  and  a  certificate  of  sale  or  deed  therefor  has  been  issued  to  the 
state,  the  order  of  the  board  shall  further  direct  the  recorder  to  can- 
eel  such  erroneous  certificate  and  deed  so  issued  except  where  the  state 
has  disposed  of  the  property  thereby  conveyed.  [New  section  added 
April  13,  1917;  Stats.  1917,  p.  118.] 

§  3818.  Partial  redemption  of  land  sold  for  delinquent  taxes.  If  land 
has  separate  valuation.  If  no  separate  valuation.  Notice.  Hearing  of 
protest.  In  all  cases  where  a  lot,  piece,  or  parcel  of  land  contained  in 
any  assessment  has  been  sold  or  may  hereafter  be  sold  for  delinquent 


§  3818  POLITICAL   CODE.  344 

taxes  to  the  state,  and  the  state  has  not  disposed  of  the  same,  a  partial 
redemption  may  be  made,  separately  from  the  whole  assessment,  of  any 
such  lot,  piece  or  parcel  of  land  as  follows: 

If  such  lot,  piece  or  parcel  of  land  has  a  separate  valuation  on  the 
assessment-roll,  such  partial  redemption  shall  be  made  ifi.  the  manner 
following:  In  the  estimate  provided  for  in  the  preceding  section,  the 
auditor  shall  estimate  the  amount  of  state  and  county  taxes  due  on  such 
lot,  piece  or  parcel  of  land,  together  with  a  proper  proportion  of  the 
taxes  due  on  personal  property  under  such  assessment,  and  of  the  taxes 
line  each  school,  road,  lesser  or  other  taxation  district;  and  such  redemp- 
tion shall  be  made  in  the  manner  provided  for  in  the  preceding  section. 

If  such  lot,  piece  or  parcel  of  land  does  not  have  a  separate  valuation 
on  the  assessment-roll,  the  auditor  shall  investigate  and  ascertain  the 
relative  or  proportionate  value  such  lot,  piece  or  parcel  of  real  property 
bears  to  the  whole  tract  assessed,  and  the  auditor  shall  estimate  the 
amount  of  such  taxes  due  on  such  lot,  piece  or  parcel  of  land  according 
to  such  relative  or  proportionate  value  and  the  taxes  due  on  any  im- 
provements on  the  portion  sought  to  be  so  redeemed,  together  with  a 
relative  proportion  of  the  taxes  due  on  personal  property  under  such 
assessment,  and  of  the  taxes  due  each  school,  road,  lesser  or  other  taxa- 
tion district;  whereupon  such  redemption  shall  be  made  in  the  manner 
provided  for  in  the  preceding  section;  provided,  that  no  lot,  piece  or 
parcel  of  land  owned  or  claimed  under  contract  by  the  person  so  redeem- 
ing shall  be  divided  for  the  purpose  of  such  redemption.  A  notice  by 
registered  mail  of  the  proposed  division  must  be  given  by  the  auditor 
to  the  person  or  persons  to  whom  the  same  was  assessed,  if  known  to  the 
auditor,  if  not  so  known,  by  posting  a  notice  of  such  proposed  division 
for  a  period  of  twenty  days  in  three  public  places  in  said  county,  and 
if  no  protest  against  said  division  be  filed  with  the  auditor  within  twenty 
liays  from  the  date  of  the  posting  or  mailing  of  such  notice,  the  auditor 
shall  thereupon  issue  an  estimate  as  above  stated.  In  cases  where  written 
protest  is  filed  within  said  twenty  days  to  said  division,  the  auditor  shall 
withhold  his  estimate  and  refer  the  matter  to  the  board  of  supervisors 
for  decision.  The  board  of  supervisors  shall  set  a  time  for  hearing  said 
protest,  and  cause  a  notice  of  the  date  of  said  hearing  to  be  mailed  by 
its  clerk  to  the  person  or  persons  who  have  filed  a  written  protest  with 
the  auditor,  as  above  provided,  at  the  postoffice  address  named  in  such 
[protest,  at  least  five  days  prior  to  the  date  of  such  hearing,  and  at  the 
termination  of  said  hearing  may  confirm  the  act  of  the  auditor  or  modify 
nr  set  aside  tlie  same  and  its  decision  in  the  premises  shall  be  final.  In 
the  event  of  such  reference  to  the  board  of  supervisors  and  of  their 
ilividing  the  assessment,  the  estimate  of  the  auditor  shall  conform  to  the 
action  of  the  board.  A  partial  redemption  may  be  made,  in  like  manner, 
neparatcly  from  the  whole  assessment,  of  an  undivided  interest  in  any 
real  property,  if  such  property  has  a  separate  valuation  oil  the  assessment- 
roll;  the  auditor  estimating  the  amount  of  taxes  due  on  such  undivided 
interest  according  to  the  proportion  which  such  interest  in  said  real  prop- 
erty bears  to  the  whole  assessment.  The  recorder  shall  note,  on  the 
iriargin  of  the  record  of  the  certificate  of  sale  a  description  of  the  prop- 
iTty  or  undivided  interest  redeemed  under  this  section,  and  shall  spe- 


345  POLITICAL  CODE.  §§3839-3857 

cifically  set  forth  the  several  amounts  of  taxes  paid  upon  such  redemp- 
tion.    [Amendment  approved  June  1,  1917;  Stats.  1917,  p.  1633.] 

§3839.     Persons    liable    to    poll    tax.     [Repealed    1917;    Stats.    1917, 
p.  432.] 

§3840.     When  poll  taxes  to  be  collected,     [Eepoaled  1917;  Stats.  1917, 
J..  432.] 

§  3841.     Blank  poll  tax  receipts  to  be  printed  by   county  treasurer. 

[Repealed  1917;  Stats.  1917,  p.  432.] 

§  3842.     Style  of  poll  tax  blanks  to  be  changed  each  year.     [Repealed 
1917;  Stats.  1917,  p.  432.] 

§  3843.     Duty  of  treasurer  in  relation  to  poll  tax  receipts.     [Repealed 
1917;  Stats.  1917,  p.  432.] 

§  3844.     Auditor   to   sign  blank   poll   tax   receipt    and  make   entries. 

[Repealed  1917;  Stats.  1917,  p.  432.] 

§  3845.     When  auditor  shall  deliver  poll  tax  receipts.     [Repealed  1917; 
Stats.  1917,  p.  432.] 

§  3846.     Poll  tax  may  be  collected  by  seizure  and  sale  of  present  prop- 
erty.     [Repealed  1917;   Stats.   1917,   p.  432.] 

§  3847.     Mode   of  conducting  seizure   and  sale   of  personal  property 
for  poll  tax.      [Repealed   1917;   Stats.   1917,   p.   432.] 

§  3848.     Debtors  of  persons  owing  poll  tax  to  pay  poll  tax  for  such 
persons.     [Repealed  1917;  Stats.  1917,  p.  432.] 

§  3849.     What  officers  are  debtors  under  preceding  section.     [Repealed 
1917;    Stats.   1917,  p.   432.] 

§  3850.     Debtor  may  charge  his  creditor  for  such  poll  tax  paid.     [Re- 
pealed 1917;   Stats.   1917,  p.  432.] 

§  3851.     Poll  tax  receipt,   delivery  to   purchaser   or  to  person  paying 
tax.      [Repealed   1917;   Stats.    1917,   p.   432.] 

§3852.     Poll  tax  receipt  only  evidence  of  payment.     [Repealed  1917; 
Stats.    1917,    p.   432.] 

§  3853.     Monthly  settlement   of   assessor   with   auditor  for  poll   taxes. 
[Repealed  1917;   Stats.  1917,  p.  432.] 

§3854.     Assessor  to  return  unused  poll  tax  receipts.     [Repealed  1917; 
Stats.  1917,  p.  432.] 

§  3855.     Auditor  to  return  poU  tax  receipts  not  used  to  the  treasurer. 

[Repealed   1917;   Stats.   1917,   p.  432.] 

§3856.     Treasurer,   duty   in   relation   to   poll   tax   receipts.     [Repealed 
1917;  Stats.  1917,  p.  432.] 

§  3857.     Assessor  to  keep  roll   of  persons  liable  to  poll  tax  and  of 

payments  and  delinquents.     [Repealed  1917;  Stats.  1917,  p.  432.] 


§§  3858-3898  political  code.  346 

§3858.  Duty  of  auditor  when  roll  returned  to  him.  [Repealed  1917; 
Stats.   1917,  p.  432.] 

§3859.  Correction  of  poll  tax  roll.  [Repealed  1917;  Stats.  1917, 
p.  432.] 

§3860.     Unpaid  poll  tax  a  lien.     [Repealed  1917;  Stats.  1917,  p.  432.] 

§  3861.  Proceeds  of  poll  tax  paid  to  county  treasurer  for  state  school 
fund.     [Repealed  1917;  Stats.  1917,  p.  432.] 

§3862.  Compensation  for  collecting  poll  tax.  [Repealed  1917;  Stats. 
1917,  p.  432. 

§  3881.  Correction  of  clerical  errors  in  assessment-book.  Defects  in 
description  or  defects  in  form  or  clerical  omissions  of  the  assessor,  or 
clerical  errors  of  the  asssesor,  in  anj'  assessment-book,  when  it  can  be 
ascertained  from  the  assessment-book,  or  from  the  assessor's  maps  or 
block-books,  or  other  papers  in  the  assessor's  office,  what  was  intended, 
or  what  should  have  been  assessed,  may,  with  the  written  consent  of  the 
district  attorney,  be  supplied  or  corrected  by  the  assessor  at  any  time 
after  the  assessment  was  made,  prior  to  the -sale  for  delinquent  taxes; 
provided,  that  where  said  change  will  decrease  the  amount  of  taxes 
charged  against  the  taxpayer  by  reason  of  said  assessment,  the  consent  of 
the  board  of  supervisors  shall  also  be  necessary  to  said  change;  and 
provided,  further,  that  where  said  change  will  increase  the  amount  of 
taxes  charged  against  the  taxpayer  by  reason  of  said  assessment,  the  per- 
son so  charged  shall  be  given  at  least  five  days'  notice  of  the  time  when  the 
matter  will  be  heard  by  the  board  of  supervisors,  and  he  may  at  such  time 
present  any  objections  he  may  have  to  such  change  to  the  board  of  super- 
visors and  their  decision  in  the  matter  shall  be  conclusive.  The  date  and 
nature  of  every  such  correction  shall  be  entered  on  the  assessment-book 
opposite  said  assessment,  and  the  written  authority  therefor  shall  be 
filed  by  the  assessor  with  the  auditor  and  preserved  by  the  auditor  as  a 
public  record,  and  he  shall  make  the  proper  charges  or  credits  in  his  ac- 
count with  the  tax  collector.  In  the  city  and  county  of  San  Francisco  the 
written  consent  of  the  city  attorney  shall  have  the  same  force  and  effect 
as  the  written  consent  of  the  district  attorney.  [Amendment  approved 
May  26,  1917;  Stats.  1917,  p.  968.] 

§3898.  Distribution  of  moneys  received  from  sale.  1.  The  moneys 
received  from  such  sale  shall  be  distributed  as  follows:  The  tax  collector 
shall  deduct  the  penalties,  co.sts  and  other  amounts  received  as  expenses 
of  such  sale  in  such  cases  as  the  property  so  sold  shall  have  been  sold  for 
a  sum  not  less  than  the  amount  of  all  taxes  levied  thereon  and  all  in- 
terest, costs,  penalties  and  expenses  up  to  the  date  of  such  sale,  but 
where  the  property  so  sold  shall  have  been  sold  for  a  sum  less  than  said 
amount,  the  tax  collector  shall  deduct  only  the  amounts  received  as  ex- 
penses attending  such  sale,  and  the  balance  shall  be  distributed  between 
the  state  and  the  county,  or  city  and  county,  in  the  proportion  that  the 
state  rate  bears  to  the  county,  or  city  and  county,  rate  of  taxation;  said 
tax  coileclor  shall  pay  all  amounts  into  the  county  treasury,  and  the 
treasurer  shall  account  to  the  state  for  its  portion  in   the  settlement  re- 


347  POLITICAL  CODE.  §  3898 

quired   by   section   tliree   thousand   eight   hundred   sixty-five   aud   section 
three   thousand    eight  hundred   sixty-six. 

2.  Deed  to  purchaser.  Fomi.  No  charge  for  deed.  On  receiving  the 
amount  bid,  as  prescribed  in  the  preceding  section,  the  tax  collector  must 
execute  a  deed  to  the  purchaser,  which  deed  shall  be  in  substance  and 
may  be  in  form  as  follows: 

"This  indenture,  made  the  day  of  ,   19 — ,  between  ,  tax 

collector  of  the  county  of  ■ — - — ,  state  of  California,  first  party,  and  

of  the  county  of  ,  state  of  ,  second  party,  witnesseth: 

That  whereas  the  real  property  hereinafter  described  was  duly  sold 
and  conveyed  to  the  state  of  California  for  the  nonpayment  of  taxes 
which  had  been  legally  levied  and  which  were  a  lien  upon  said  property 
under  and  in  accordance  with  law;  and 

Whereas  in  conformity  with  law  the  state  of  California,  acting  by  and 
through  ■ ,  tax  collector  as  aforesaid,  did  offer  said  property,  herein- 
after described,  for  sale  at  public  auction  to  the  highest  bidder,  at  which 
sale  said  second  party  became  the  purchaser  of  the  whole  thereof  for  the 
sum  of  $ . 

Now,  therefore,  the  said  first  party  in  consideration  of  the  premises 
and  in  pursuance  of  the  statute  in  such  case  made  and  provided,  does 
hereby  grant  to  the  said  second  party,  his  heirs  and  assigns,  that  certain 

real  property  hereinbefore  referred  to,  and  situate  in  the  county  of 

• ,  state  of  California,  more  particularly  described  as  follows,  to  wit: 

In  witness  whereof,  said  first  party  has  hereunto  set  his  hand  the  day 
and  year  first  above  written. 

> 

Tax  collector  of  the  county  of  ." 

No  other  matters  need  be  recited  in  the  said  deed  than  those  provided 
for  in  the  above  form.  No  charge  shall  be  made  by  the  tax  collector  for 
the  making  of  any  such  deed,  and  the  acknowledgment  of  all  such  deeds 
shall  be  taken  by  the  county  clerk  free  of  charge.  Said  deed  shall  be 
prima  facie  evidence  of  all  the  facts  recited  therein  and  shall  operate  to 
convey  all  of  the  interest  of  the  state  in  and  to  said  property. 

3.  Tax  collector's  report  of  sales.  Within  ten  days  after  each  sale  as 
provided  in  the  preceding  section  the  tax  collector  shall  report  to  the 
assessor  and  recorder,  giving  the  name  or  names  of  all  persons  to  whom 
deeds  have  been  issued  under  the  provisions  of  tliis  section,  together  with 
the  dates  of  such  deeds,  the  amount  for  which  the  property  was  sold,  a 
description  of  the  property  conveyed,  together  with  the  numbers  and 
dates  of  the  certificates  of  sale  and  of  the  tax  deeds  by  which  title  to 
such  property  so  granted  was  conveyed  to  the  state. 

4.  Recorder's  notations.  The  recorder  shall  note  on  the  margin  of  each 
certificate  of  sale  and  of  each  tax  deed  involved  in  the  sale  and  trans- 
fer of  such  property,  the  name  of  the  purchaser,  the  date  of  the  deed 
to  the  purchaser  and  the  consideration  named  therein.  The  assessor  shall 
use  such  report  in  his  determination  of  the  ownership  of  such  property 
for  assessment  purposes. 

5.  Refund  to  purchaser  not  finally  awarded  property,  (a)  Whenever 
in  any  action  at  law,  it  has  been  or  shall  be  determined  by  a  court  that 


§§  4052c-1146  POLITICAL  code.  348 

the  sale  and  conveyance  provided  for  in  this  and  the  preceding  section 
or  in  section  three  thousand  seven  hundred  seventy-one  of  this  code 
heretofore  or  hereafter  made  are  void  for  any  reason,  and  that  the  pur- 
chaser from  the  state  may  not  be  finally  awarded  the  property  so  pur- 
chased, no  decree  of  the  court  shall  be  given  declaring  a  forfeiture  of  the 
property  until  the  former  owner,  or  other  party  in  interest,  shall  have 
repaid  to  the  purchaser  the  full  amount  of  taxes,  penalties  and  costs  paid 
out  and  expended  by  him,  to  be  determined  by  the  court,  in  pursuit  of 
the  state's  title  to  the  property  so  sold.  The  said  purchaser  may  within 
one  year  after  such  decree  becomes  final  also  present  a  claim  against 
the  county,  in  the  manner  provided  by  law,  for  a  refund  of  the  amount 
paid  into  the  county  treasury  as  the  purchase  price  of  such  property  in 
excess  of  the  amount  for  which  he  may  have  been  reimbursed  for  taxes, 
penalties  and  costs  as  herein  provided,  and  such  excess  shall  be  refunded 
in  accordance  with  section  three  thousand  eight  hundred  four  of  this 
code. 

(b)  Kefund  for  goveniment  land  erroneously  sold.  Whenever  it  shall 
be  determined  to  the  satisfaction  of  the  board  of  supervisors  of  the 
county  in  which  the  land  is  situated  that  any  land  belonging  to  the 
United  States  government  or  to  this  state,  a  municipality  or  other  polit- 
ical subdivision  of  this  state  has  been  erroneously  sold  and  conveyed 
under  the  provisions  of  this  or  the  preceding  section,  or  section  three 
thousand  seven  hundred  seventy-one  of  this  code,  and  the  said  land 
should  not  have  been  so  sold,  the  purchaser  at  said  sale  may  present  a 
claim  against  the  county  in  the  manner  provided  by  law  for  a  refund  of 
the  amount  so  paid  into  the  county  treasury  by  reason  of  such  sale. 
[Amendment  approved  May  18,  1917;  Stats.  1917,  p.  715.] 

§  4052c.  Erection  of  historic  monuments.  The  boards  of  supervisors 
In  the  several  counties  shall  have,  and  they  are  hereby  given,  the  power 
to  appropriate  money  from  the  general  fund  of  the  county  to  erect  monu- 
ments or  to  place  tablets  to  commemorate  historic  spots  or  places  within 
the  limits  of  the  county.  [New  section  added  May  31,  1917;  Stats. 
1917,  p.  1366.] 

§  4115.  Money  found  on  dead  body.  The  treasurer  upon  receiving 
from  the  coroner  or  justice  of  the  peace  acting  as  coroner  money  found 
on  a  dead  body  must  place  it  to  the  credit  of  the  county.  All  said  mon- 
eys must  be  kept  in  a  separate  fund.  [Amendment  approved  May  5, 
lit  17;  Stats.  1917,  p.  259.] 

§  4146.  Duties  of  coroner  as  to  property  of  deceased  persons.  The  Cor- 
mier must  witliin  thirty  (hiys  after  an  inijue.st  upon  ;i  dead  body  deliver 
to  the  legal  representatives  of  the  deceased  ajiy  money  or  otiier  property 
found  ufion  the  body.  If  within  the  said  thirty  days  no  such  legal  rep- 
resentative makes  a  demand  ujjon  the  coroner  for  the  said  money  or 
jiroperty  found  upon  the  body  of  the  decedent,  then,  upon  the  expiration 
(if  th(!  said  lliiity  djiys,  the  (ioroner  must  deliver  to  the  treasurer  any 
money  found  ii|>iim  t  lie  body  of  the  deceased,  together  with  the  proceeds 
of  tiie  sale  of  1lir  property  found  n|i(in  tlie  body  of  the  decedent,  wiiich 
sale  shall  lie  lidd  in  accordance  willi  the  [irovisious  of  section  four  thou- 
sand one  hundred  forty-six  a  of  this  code,  and  at  llie  same  time  an  alli- 
(iii\it   wilh  the  treasurer  showing: 


349  POLITICAL  CODE.  §§  4146a-4:149b 

1.  The  amount  of  money  belonging  to  the  estate  of  the  deceased  per- 
son which  has  come  into  his  possession  since  his  last  statement. 

2.  The  disposition  made  of  such  property. 

If  the  coroner  or  any  justice  of  the  peace  acting  as  coroner  fails  to 
ilolivor  to  the  treasurer  within  forty  days  after  any  inquest  upon  a  dead 
body  all  money,  or  proceeds  from  the  sale  of  property  found  upon  such 
body,  unless  claimed  in  the  meantime  by  the  public  administrator  or  other 
legal  representative  of  the  decedent  as  required  by  this  section,  the  dis- 
trict attorney  must  ])roceed  against  the  coroner  or  justice  of  the  jjeace 
iicting  as  coroner  to  recover  the  same 'by  civil  action  in  the  name  of 
the   county.     [Amendment   approved   May  5,   1917;   Stats.   1917,   p.   259.] 

§  4146a.  Sale  of  property  at  public  auction.  If  within  thirty  days 
after  an  inquest  u[ion  a  dead  body  no  legal  representative  of  such  dece- 
dent shall  have  demanded  from  the  coroner  or  any  justice  of  the  jjeace 
acting  as  coroner  the  property  found  upon  the  person  of  the  decedent, 
the  coroner  or  justice  of  the  peace  acting  as  coroner  shall  sell  such  prop- 
erty at  public  auction  upon  reasonable  public  notice,  and  must  immediately 
thereafter  deliver  the  proceeds  of  such  sale  to  the  treasurer,  who  shall 
place  the  same  to  the  credit  of  the  county,  in  the  same  manner  as  pre- 
scribed in  section  four  thousand  one  hundred  fifteen  of  this  code.  [New 
section  added  May  5,  1917;  Stats.  1917,  p.  259.] 

§  4147a.  Powers  of  deputy  coroners.  If  the  coroner  is  absent  or  un- 
able to  attend,  the  duties  of  his  office  may  be  discharged  by  any  of  his 
deputies  with  like  authority,  and  subject  to  the  same  obligations  and  pen- 
alties as  the  coroner.  [New  section  added  May  5,  1917;  Stats.  1917, 
p.  248.]  ,     ;    ,^ 

§  4149b.  Appointment  of  county  fish  and  game  wardens.  Deputy  fish 
and  game  wardens.  The  board  of  supervisors  of  each  county  may,  in 
the  discretion  of  the  board,  at  the  first  meeting  thereof  held  in  January, 
1909,  and  in  January  every  two  years  thereafter,  appoint  a  suitable  per- 
son to  serve  for  the  period  of  two  years  from  the  date  of  his  appoint- 
ment as  fish  and  game  warden  of  the  county.  Such  fish  and  game 
warden  may  be  removed  by  the  board  of  supervisors  for  intemperance, 
neglect  of  duty,  or  other  good  and  sufficient  reason.  Said  fish  and  game 
warden  shall,  before  entering  upon  the  discharge  of  his  duties,  execute 
a  bond  with  sureties  in  such  sum  as  may  be  required  by  the  board  of 
supervisors,  for  the  faithful  and  proper  discharge  of  his  duties  as  such 
fish  and  game  warden;  and  provided,  further,  that  in  counties  of  the 
third  class  the  board  of  supervisors  in  their  discretion  may  appoint  a 
deputy  fish  and  game  warden.  Deputy  fish  and  game  wardens  shall  have 
the  same  duties  and  powers  as  their  principals.  The  salary  of  the  deputy 
fish  and  game  warden  in  counties  of  the  third  class  shall  be  seventy-five 
dollars  a  month  and  shall  be  paid  in  the  same  manner  and  out  of  the 
same  fund  that  the  salary  of  the  fish  and  game  warden  is  paid,  and  the 
bond  of  the  fish  and  game  warden  shall  also  be  conditioned  for  the 
faithful  discharge  of  the  duties  of  his  deputy,  as  well  as  of  himself. 
[Amendment  approved  April  5,  1917;  Stats.  1917,  p.  41.] 


§  4232  POLITICAL   CODE.  350 

§  4232.  Counties  of  third  class,  salaries  of  ofB.cers.  In  counties  of  the 
third  class  tlie  eouut}-  and  township  olUeers  shall  receive  as  full  com- 
pensation for  the  services  required  of  them  by  law  or  by  virtue  of  their 
office  the  following  salaries: 

I.  County  clerk.  The  county  clerk,  five  thousand  dollars  per  annum; 
provided,  that  the  compensation  of  the  county  clerk  in  counties  of  this 
class  during  the  present  term  of  office  of  the  present  incumbent  ending 
on  the  first  Monday  after  the  first  day  of  January,  1919,  shall  be  four 
thousand  dollars  per  annum;  provided,  that  in  counties  of  this  class 
there  shall  be  and  there  hereby  is  allowed  to  the  county  clerk  one  chief 
deputy,  whose  salary  is  hereby  fixed  at  the  sum  of  two  thousand  four 
hundred  dollars  jier  annum;  one  deputy,  whose  salary  is  hereby  fixed 
at  one  thousand  eight  hundred  dollars  per  annum;  twenty-four  deputies, 
whose  salaries  are  hereby  fixed  at  the  sum  of  one  thousand  six  hundred 
twenty  dollars  per  annum  each;  two  deputies,  whose  salaries  are  hereby 
fixed  at  the  sum  of  one  thousand  two  hundred  dollars  per  annum  each. 
All  the  foregoing  deputies  herein  provided  for,  shall  be  appointed  by  the 
county  clerk  of  said  county,  and  their  salaries  shall  be  paid  by  the 
county  in  equal  monthly  installments  at  the  same  time  and  in  the  same 
manner  and  out  of  the  same  fund  as  is  the  salary  of  the  county  clerk; 
provided,  further,  that  in  such  years  as  the  compilation  of  a  great  register 
of  voters  is  required  by  law  to  be  made,  the  county  clerk  in  counties  of 
this  class  shall  be,  and  he  is  hereby  allowed  the  following  additional 
help:  Fifteen  clerks  for  a  period  of  and  not  exceeding  six  months,  whose 
salaries  are  hereby  fixed  at  one  hundred  dollars  per  month  each;  fifteen 
clerks  for  a  period  of  not  exceeding  one  month,  whose  salaries  are  hereby 
fixed  at  one  hundred  dollars  per  month  each;  and  also  for  any  such  year 
at  least  one  additional  deputy  in  each  voting  precinct  in  the  county,  who 
shall  be  a  qualified  elector  of  such  precinct,  for  the  purpose  of  register- 
ing electors;  such  additional  deputies  shall  be  paid  five  cents  per  name 
for  each  elector  legally  registered  by  them  in  the  same  manner  as  other 
county  claims  are  paid;  and  provided,  further,  that  if  no  help  is  allowed 
to  county  clerks  under  the  direct  primary  law,  the  county  clerk  in  coun- 
ties of  this  class,  in  such  years  as  a  general  state  direct  primary  election 
is  held,  shall  be  and  he  is  hereby  allowed  the  following  additional  help: 
Fifteen  clerks  for  a  period  of  and  not  exceeding  two  months  immediately 
next  preceding  the  direct  primary  election  day,  whose  salaries  are  hereby 
fixed  at  one  hundred  dollars  per  month  each;  and  provided,  further,  that 
in  the  event  of  a  special  election  being  held  throughout  the  county,  the 
county  clerk  is  allowed  fifteen  additional  deputies  for  a  period  of  one 
month  immediately  preceding  the  day  of  such  election,  at  a  compensa- 
tion of  one  hundred  dollars  per  month  each;  such  clerks  shall  be  ap- 
pointed by  the  county  clerk  of  said  county,  and  during  their  respective 
periods  of  employment  their  salaries  shall  be  paid  by  such  county  in 
equal  monthly  installments,  at  the  same  time  and  in  the  same  manner 
and  out  of  the  same  fund  as  is  the  salary  of  the  county  clerk  of  such 
county;  provided,  further,  any  provision  of  law  to  the  contrary  notwith- 
standing, lliat  ill  the  event  the  departments  of  the  superior  court  in 
counties  of  the  third  class  are  increased  to  more  than  six,  that  at  the 
lime  of  such  increase  there  is  allowed  the  county  clerk  to  be  appointed 
by  such  clerk  an  extra  deputy  to  act  as  courtroom  clerk  for  each  depart- 


351  POLITICAL    CODE.  §  4232 

meiit  of  said  superior  court  so  created  iu  excess  of  the  six  departineuts 
now  existing,  the  salaries  of  such  deputies  to  be  one  thousand  six  hun- 
dred twenty  dollars  %cr  annum  each,  to  be  paid  by  the  county  in  equal 
monthly  installments  at  the  same  time  and  in  the  same  manner  and  out 
of  the  same  fund  as  is  the  salary  of  the  county  clerk  of  such  county. 

2.  Sheriff,  The  sheriff,  four  thousand  dollars  per  annum;  provided, 
that  in  counties  of  this  class  there  shall  be  and  there  hereby  is  allowed  to 
the  sheriff,  one  under-sheriff,  whose  salary  is  hereby  fixed  at  the  sum  of 
two  thousand  four  hundred  dollars  per  annum;  two  deputies,  whose  sal- 
aiios  are  hereby  fixed  at  the  sum  of  one  thousand  eight  hundred  dollars 
per  annum  each;  twenty-four  deputies,  whose  salaries  are  hereby  fixed 
at  the  sum  of  one  thousand  six  hundred  twenty  dollars  per  annum  each; 
two  engineers  for  the  jail,  whose  salaries  are  hereby  fixed  at  the  sum  of 
one  thousand  six  hundred  twenty  dollars  per  annum  each;  one  matron 
for  the  jail,  whose  salary  is  hereby  fixed  at  one  thousand  twenty  dollars 
per  annum;  one  assistant  matron,  for  a  period  not  to  exceed  two  weeks 
in  any  one  year  and  to  serve  only  during  the  vacation  of  the  matron, 
at  a  salary  of  fortj'-two  and  one-half  dollars  for  such  two  weeks;  pro- 
vided, further,  that  the  under-sheriff,  all  deputies,  matron,  assistant 
matron  and  engineers  herein  provided  for  shall  be  appointed  by  the 
sheriff  and  their  salaries  shall  be  paid  by  the  said  county  in  equal 
monthly  installments,  at  the  same  time,  and  in  the  same  manner  and  out 
of  the  same  fund  as  the  salary  of  the  sheriff;  the  sheriff  shall  also  re- 
ceive the  amount  of  money  necessarily  expended  by  him  in  serving  all 
process  and  notices  and  all  expenses  necessarily  incurred  by  him  in  the 
pursuit  of  criminals  and  the  same  shall  be  a  charge  against  the  county 
and  allowed  as  such  by  the  board  of  supervisors  and  paid  as  other  county 
charges  are  paid;  provided,  further,  any  provision  of  law  to  the  con- 
trary notwithstanding,  that  in  the  event  the  departments  of  the  superior 
court  in  counties  of  the  third  class  are  increased  to  more  than  six,  that  at 
the  time  of  such  increase  there  is  allowed  the  sheriff  to  be  appointed  by 
him  an  extra  deputy  to  act  as  bailiff  for  each  department  of  said  superior 
court  so  created  in  excess  of  the  six  departments  now  existing,  the  sal- 
aries of  such  deputies  to  be  one  thousand  six  hundred  twenty  dollars  per 
annum  each,  to  be  paid  by  the  county  in  equal  monthly  installments  at 
the  same  time  and  in  the  same  manner  and  out  of  the  same  fund  as  is 
the  salary  of  the  sheriff  of  such  county. 

3.  Recorder.  The  recorder,  four  thousand  dollars  per  annum;  provided, 
that  in  counties  of  this  class  there  shall  be  and  there  hereby  is  allowed 
to  the  recorder  the  following  deputies  and  copyists  who  shall  be  appointed 
by  the  recorder  of  such  county  and  shall  be  paid  salaries  and  compensa- 
tions as  follows:  One  chief  deputy,  whose  salary  is  hereby  fixed  at  the 
sum  of  two  thousand  four  hundred  dollars  per  annum;  thirteen  deputies, 
whose  salaries  are  hereby  fixed  at  the  sum  of  one  thousand  five  hundred 
dollars  per  annum  each;  one  deputy,  whose  salary  is  hereby  fixed  at  the 
?um  of  one  thousand  eighty  dollars  per  annum;  provided,  further,  that 
I  he  salary  of  the  chief  deputy  and  the  salaries  of  the  deputies  herein 
provided  for  shall  be  paid  by  said  county  in  equal  monthly  installments, 
at  the  same  time  and  in  the  same  manner  and  out  of  the  same  fund  as 
the   salary   of   the   recorder;    provided,   further,   that   in   counties   of   the 


§  4232  POLITICAL   CODE.  352 

class,  the  recorder  shall  be  entitled  to  the  actual  cost  incurred  by  him 
for  the  recording  of  all  papers  and  documents  and,,  records  in  his  office 
not  to  exceed  six  and  three-fourths  cents  per  folicfffor  longhand  record- 
ing and  not  to  exceed  four  and  one-half  cents  per  folio  for  typewritten 
recording  for  each  paper  or  document  so  recorded;  and  provided,  further, 
that  said  recorder  shall  file  monthly  with  the  county  auditor  a  sworn 
statement  showing  in  detail  the  persons,  and  the  amount  paid  to  each 
for  such  recording. 

4.  Auditor,  The  auditor,  four  thousand  dollars  per  annum;  provided, 
that  in  counties  of  this  class  there  shall  be  and  there  hereby  is  allowed 
to  the  auditor,  one  chief  deputy,  whose  salary  is  hereby  fixed  at  the  sum 
of  two  thousand  four  hundred  dollars  per  annum;  six  deputies,  whose 
salaries  are  hereby  fixed  at  the  sum  of  one  thousand  six  hundred  twenty 
dollars  per  annum  each;  one  deputy,  whose  salary  is  hereby  fixed  at  the 
sum  of  one  thousand  two  hundred  dollars  per  annum  and  such  additional 
assistance  as  the  auditor  may  appoint  and  whose  compensation  shall  not 
in  the  aggregate  exceed  the  sum  of  two  thousand  five  hundred  dollars 
per  annum;  and  provided,  that  the  auditor  shall  file  with  the  county  clerk 
a  sworn  statement  showing  in  detail  the  amounts  paid  and  the  persons 
to  whom  said  compensation  is  paid  for  such  extra  assistance  as  aforesaid; 
provided,  further,  that  the  chief  deputy  and  deputies  shall  be  appointed 
by  the  auditor  of  said  county  and  their  salaries  shall  be  paid  by  the  said 
county  in  equal  monthly  installments,  at  the  same  time  and  in  the  same 
manner  and  out  of  the  same  funds  as  is  the  salary  of  the  auditor. 

5.  Treasurer.  The  treasurer,  six  thousand  dollars  per  annum;  provided, 
that  in  counties  of  this  class  there  shall  be  and  there  hereby  is  allowed 
to  the  treasurer,  one  chief  deputy,  whose  salary  is  hereby  fixed  at  the 
sum  of  two  thousand  four  hundred  dollars  per  annum;  one  deputy,  whose 
salary  is  hereby  fixed  at  the  sum  of  two  thousand  one  hundred  dollars 
per  annum;  two  deputies,  whose  salaries  are  hereby  fixed  at  the  sum  of 
one  thousand  eight  hundred  dollars  per  annum  each,  which  sums  shall 
be  paid  by  said  county  in  equal  monthly  installments  at  the  same  time 
and  in  the  same  manner  and  out  of  the  same  fund  as  is  the  salary  of 
the  treasurer;  provided,  that  the  chief  deputy  and  the  three  deputies 
herein  provided  for  shall  be  appointed  by  the  treasurer  of  said  county; 
and  provided,  further,  that  all  commissions  and  fees  required  or  per- 
mitted by  any  law  of  this  state,  or  of  the  United  States,  to  be  collected 
by  the  treasurer  either  as  an  officer  or  ex-officio  officer,  his  deputies  or 
iissistants,  for  the  performance  of  any  official  duty,  shall  be  collected  for 
the  benefit  of  the  county  and  shall  bo  jiaid  into  the  salary  fund  of  the 
county  monthly. 

G.  Tax  collector.  Tiio  tax  collector,  four  thousand  dollars  per  annum; 
provided,  that  in  counties  of  this  class  there  shall  be,  and  there  hereby 
is,  allowed  to  the  tax  collector  one  chief  deputy,  whose  salary  is  hereby 
fixed  at  two  thousand  four  hundred  dollars  per  annum;  two  deputies, 
whose  salaries  are  horehy  fixed  at  the  sum  of  one  thousand  eight  hun- 
dred dollars  jkt  anninn  (!ach;  eiglit  il('|int ics,  whose  salaries  are  hereby 
fixed  at  tlu!  sum  of  oni'  thousand  five  hiinilred  dollars  ])er  annum  each; 
one  dc|Mify  to  l)e  ilcsignatccl  as  I  lie  land  agent  whose  salary  is  hereby 
fix('(|  at  the  sum  of  one  tlioiisiuid  six  hnndied  twenty  dollars  per  annum; 


353  POLITICAL   CODE.  §  4232 

provided,  further,  that  there  shall  be.  and  there  hereby  is  allowed  to  the 
tux  collector  three  extra  deputies  for  a  period  uot  to  exceed  eight  months 
ill  any  one  year,  at  a  salary  of  one  hundred  dollars  per  month  each;  six 
extra  deputies  for  a  period  not  to  exceed  five  mouths  in  any  one  year, 
at  a  salary  of  one  hundred  dollars  per  month  each;  six  extra  deputies 
for  a  period  not  to  exceed  four  months  in  any  one  year,  at  a  salary  of 
one  hundred  dollars  per  month  each;  provided,  further,  that  in  counties 
of  this  class  the  tax  collector  shall  appoint  six  persons  to  be  known  as 
iudexers,  which  office  is  hereby  created,  and  whose  duties  it  shall  be 
under  the  supervision  and  direction  of  the  tax  collector  to  compile,  make 
out,  and  complete  an  index  of  the  assessment-rolls  of  the  county,  and  of 
the  sanitary  assessment-rolls  for  each  sanitary  district  in  counties  of 
this  class,  yearly,  commencing  with  the  year  nineteen  hundred  nine,  as 
soon  as  the  said  rolls  are  completed  by  the  assessor  of  the  county  and 
each  assessor  of  said  sanitary  districts  and  for  each  year  thereafter.  The 
said  indexes  to  be  a  public  record  for  use  of  the  tax  collector  and  the 
general  public  and  to  be  kept  in  the  office  of  the  tax  collector  during 
the  collection  of  taxes  and  to  be  turned  over  to  the  auditor  at  the  same 
time  as  the  assessment-rolls  are  turned  over  iia  the  final  settlement  of 
the  tax  collector  with  the  county  auditor.  Such  iudexers  shall  be  paid  a 
salary  of  one  hundred  dollars  per  mouth  each,  payable  at  the  same  time 
and  in  the  same  manner  as  other  county  officers  are  paid,  but  such  iu- 
dexers shall  not  be  employed  to  exceed  four  months  in  any  one  year; 
provided,  further,  that  the  chief  deputy  and  all  other  deputies  herein 
provided  for  shall  be  appointed  by  the  tax  collector  of  said  county,  and 
the  salaries  of  said  chief  deputy  and  all  other  deputies  herein  provided 
for  shall  be  paid  by  said  county  during  the  time  which  they  shall  hold 
office  as  herein  provided  at  the  same  time  and  in  the  same  manner  and 
out  of  the  same  fund  as  the  salary  of  the  tax  collector. 

7.  License  collector.  The  license  collector  shall  receive  fifteen  per  cent 
of  all  licenses  collected  by  him. 

S.  Assessor.  The  assessor,  seven  thousand  dollars  per  annum  and 
necessary  traveling  expenses  in  the  performance  of  the  duties  of  his 
office;  provided,  that  in  counties  of  this  class  there  shall  be,  and  there 
hereby  is,  allowed  to  the  assessor,  the  following  assistants  and  deputies 
who  shall  be  appointed  by  the  assessor  and  shall  be  paid  salaries  as  fol- 
lows: One  assistant  assessor,  whose  salary  is  hereby  fixed  at  the  sum  of 
three  thousand  dollars  per  annum;  one  chief  deputy,  whose  salary  is 
hereby  fixed  at  the  sum  of  two  thousand  four  hundred  dollars  per  annum; 
four  deputies,  whose  salaries  are  hereby  fixed  at  the  sum  of  one  thousand 
eight  hundred  dollars  per  annum  each;  four  deputies,  whose  salaries  are 
hereby  fixed  at  the  sum  of  one  thousand  six  hundred  twenty  dollars  per 
annum  each;  twenty-five  deputies,  whose  salaries  are  hereby  fixed  at 
the  sum  of  one  thousand  five  hundred  dollars  per  annum  each;  four 
deputies,  whose  salaries  are  hereby  fixed  at  the  sum  of  one  thousand 
two  hundred  dollars  per  annum  each;  ten  deputies  for  a  period  not  to 
exceed  six  months  in  any  one  year,  whose  salaries  are  hereby  fixed  at 
the  sum  of  one  hundred  twenty-five  dollars  per  mouth  each;  two  deputies 
for  a  period  not  to  exceed  six  months  in  any  one  year,  whose  salaries  are 
hereby  fixed  at  the  sum  of  one  hundred  fifty  dollars  per  month  each; 
.23 


§  4232  POLITICAL   CODE.  354 

and  such  additional  deputies  as  the  assessor  may  appoint  and  whose  com- 
pensation  shall  not  in  the  aggregate  exceed  the  sum  of  three  thousand 
six  hundred  dollars  per  annum;  and  provided,  that  the  assessor  shall  file 
with  the  county  auditor  a  verified  statement  showing  in  detail  the 
amounts  paid  and  the  persons  to  whom  such  compensation  is  paid  for 
such  extra  assistants  as  aforesaid. 

The  salaries  herein  provided  for  shall  be  paid  by  the  said  county  in 
monthly  installments  at  the  same  time  and  in  the  same  manner  and  out 
of  the  same  fund  as  the  salary  of  the  assessor  is  paid;  provided,  however, 
that  should  the  assessor  be  directed  by  any  law,  or  by  any  order  of  the 
board  of  supervisors,  or  by  any  municipality  within  said  counties  of  the 
third  class  to  prepare  maps,  plats  or  block-books  for  the  use  of  the 
county  or  assessment-rolls  for  the  use  of  any  municipality,  then  said 
assessor  shall  make  such  maps,  plats  or  block-books,  or  assessment-rolls 
for  the  use  of  any  municipality,  but  shall  only  receive  the  actual  cost 
by  him  incurred  in  making  or  preparing  said  maps,  plats,  block-books,  or 
assessment-rolls;  and  provided,  further,  that  he  shall  file  with  the  county 
auditor  a  sworn  statement  showing  the  persons  to  whom  and  the  amounts 
paid  to  each  for  such  maps,  block-books  or  assessment-rolls,  and  shall 
account  forthwith  and  pay  over  to  the  county  any  difference  between 
such  costs  and  the  amount  allowed  him  for  such  work;  and  provided,  fur- 
ther, that  the  salaries  herein  named  shall  be  in  full  compensation  for  all 
services  of  every  kind  and  description  rendered  by  the  assessor,  his  dep- 
uties and  assistants;  and  it  is  further  provided,  that  in  counties  of  this 
class  the  assessor  shall  receive  no  commission  for  his  collection  of  taxes 
on  personal  property  nor  shall  the  said  assessor  receive  any  compensa- 
tion for  making  out  the  military  roll  of  persons  returned  by  him  as  sub- 
ject to  military  duty  as  provided  by  section  one  thousand  nine  hundred 
one  of  the  Political  Code. 

9.  District  attorney.  Assistants.  The  district  attorney,  four  thousand 
dollars  per  annum;  provided,  that  in  counties  of  this  class  there  shall  be 
and  there  is  hereby  allowed  to  the  district  attorney  the  following  assist- 
ant, deputies  and  employees,  who  shall  be  appointed  by  the  district 
attorney  of  said  county,  and  who  shall  be  paid  salaries  as  follows:  One 
assistant  district  attorney,  whose  salary  is  hereby  fixed  at  the  sum  of 
two  hundred  seventy-five  dollars  per  month;  one  chief  deputy  district 
attorney,  whose  salary  is  hereby  fixed  at  the  sum  of  two  hundred  fifty 
dollars  per  month;  two  deputies  district  attorney,  whose  salaries  are 
hereby  fixed  at  the  sum  of  two  hundred  twenty-five  dollars  per  month 
each;  two  deputies  district  attorney,  whose  salaries  are  hereby  fixed  at 
the  sum  of  two  hundred  dollars  per  month  each;  two  deputies  district 
attorney,  whose  salaries  are  hereby  fixed  at  the  sum  of  one  hundred 
seventy-five  dollars  per  month  each;  one  deputy  district  attorney,  whose 
salary  is  hereby  fixed  at  the  sum  of  one  hundred  fifty  dollars  per  month; 
two  deputies  district  attorney,  whose  salaries  are  hereby  fixed  at  the  sum 
of  two  hundred  dollars  per  month  each,  whose  duty  it  sliall  be,  in  addi- 
tion to  [xTforming  services  as  deputies  district  attorney,  to  attend  the 
sessions  of  the  ])oiice  courts  in  cities  of  the  second  class  and  conduct, 
on  behalf  of  the  peoj)]e,  all  jirosecutions  for  public  offenses  of  which 
said  police  courts  shall  have  jurisdiction;  one  clerk  whose  salary  is 
hereby  fixed  at  the  sum  of  one  hundred  thirty-five  dollars  per  month;  one 


355  POLITICAL   CODE.  §  4232 

eJcrk  and  private  exchange  operator  at  a  salary  of  nine  hundred  dollars 
per  annum  J  one  process  server,  whose  salary  is  hereby  fixed  at  the  sum 
of  one  hundred  dollars  per  month;  three  stenographers,  whose  salaries 
are  hereby  fixed  at  the  sum  of  one  hundre.d  dollars  per  month  each;  one 
detective  who  shall  assist  the  district'  attorney  in  the  detection  of  crime 
and  jirosccution  of  criminal  cases,  whose  salary  is  hereby  fixed  at  the 
sum  of  one  hundred  seventy-five  dollars  per  month;  and  provided,  fur- 
ther, that  nothing  herein  contained  shall  be  construed  to  prevent  the 
boards  of  supervisors  of  counties  of  this  class  from  employing  sxiecial 
counsel  in  civil  cases,  when  in  the  judgment  of  said  boards  the  interests 
of  said  county  require  it. 

The  salaries  of  said  assistants,  deputies,  clerk,  detective,  process  server, 
private  exchange  operator,  stenographers  and  special  counsel  in  this 
subdivision  provided  for  shall  be  payable  by  the  county  in  monthly  in- 
stallments at  the  same  time  and  in  the  same  manner  and  out  of  the 
same  fund  as  the  salary  of  the  district  attorney  is  paid. 

10.  Coroner.  The  coroner,  four  thousand  dollars  per  annum  and  his 
necessary  traveling  expenses  as  follows:  Ten  cents  per  mile  for  distance 
actually  traveled  outside  the  cities  of  Oakland,  Berkeley,  Alameda,  Pied- 
mont, Emeryville*  and  San  Leandro,  said  traveling  expenses  not  to  exceed 
twenty  dollars  in  any  one  calendar  month;  provided,  further,  that  in 
counties  of  this  class,  there  shall  be,  and  there  hereby  is,  allowed  to  the 
coroner  one  autopsy  physician  and  surgeon  whose  salary  is  hereby  fixed 
at  the  sum  of  one  thousand  eight  hundred  dollars  per  annum  who  shall 
perform  all  autopsies  and  inspections  in  all  cases  required  by  the  coroner 
except  that  where  the  distance  from  the  county  seat  exceeds  twenty  miles 
the  coroner  may  subpoena  a  physician  or  surgeon  to  perform  such  autopsy 
or  to  inspect  the  body;  one  deputy  whose  salary  is  hereby  fixed  at  the 
sum  of  one  thousand  eight  hundred  dollars  per  annum  and  one  stenog- 
rapher, whose  salary  is  hereby  fixed  at  the  sum  of  two  thousand  four 
hundred  dollars  per  annum,  and  who  shall  be  paid,  in  addition  thereto, 
for  transcribing  all  the  testimony  and  proceedings  taken  by  him  at  any 
inquest,  the  sum  of  fifteen  cents  per  one  hundred  words  for  one  copy, 
and  ten  cents  per  one  hundred  words  for  two  copies  made  at  one  time 
and  in  every  case  where  the  death  of  any  person  shall  have  been  caused 
by  the  criminal  act  of  another,  such  stenographer  shall  make  a  copy  of 
the  transcript  of  the  testimony  and  proceedings  taken  at  such  inquest 
for  the  use  of  the  district  attorney  of  such  county;  in  all  inquests  so  re- 
ported, the  fees  for  transcribing,  as  provided  herein,  shall  be  paid  out 
of  the  county  treasury  upon  the  order  of  the  coroner. 

When  such  testimony  is  taken  down  by  such  stenographer  as  herein 
set  forth  his  transcription  thereof,  duly  certified  to  by  him,  shall  consti- 
tute the  deposition  of  the  witnesses  testifying  at  such  inquest  so  reported 
by  such  stenographer.  The  autopsy  physician  and  surgeon,  deputy  and 
stenographer  herein  provided  for  shall  be  appointed  by  the  coroner,  and 
their  salaries  shall  be  paid  by  said  county  in  equal  monthly  installments 
at  the  same  time,  and  in  the  same  manner  and  out  of  the  same  fund, 
as  is  the  salary  of  the  county  officers  in  counties  of  this  class.  The  cor- 
oner must  hold  inquests  as  prescribed  by  chapter  two,  title  twelve,  part 
two  of  the  Penal  Code,  and  he,  or  any  other  officer  holding  the  inquest 


§  4232  POLITICAL   CODE.  356 

upon  the  body   of  a  deceased  person,  may  subpoena  a  chemist  to  make 
an  analysis  of  the  contents  of  the  stomach  or  of  the  tissues  of  the  body. 

11.  Public  administrator.  The  public  administrator  such  fees  as  are 
now  or  may  be  hereafter  allowed  .by  law. 

12.  Superintendent  of  schools.  The  superintendent  of  schools,  four 
thousand  dollars  per  annum;  provided,  that  in  counties  of  this  class  there 
shall  be  and  hereby  is  allowed  to  the  superintendent  of  schools,  one 
assistant  superintendent  of  schools,  one  chief  deputy  superintendent  of 
schools  and  one  deputy  superintendent  of  schools,  all  of  whom  shail  be 
appointed  by  the  superintendent  of  schools  of  said  county,  and  whose 
salaries  shall  be  as  follows:  The  salary  of  the  assistant  superintendent  of 
schools  shall  be  two  hundred  dollars  per  month;  the  salary  of  the  chief 
deputy  superintendent  of  schools  shall  be  one  hundred  fifty  dollars  per 
month;  and  that  of  the  deputy  superintendent  of  schools  shall  be  one 
hundred  twenty-five  dollars  per  month.  The  salaries  shall  be  paid  out 
of  the  same  fund  and  in  the  same  manner  as  the  salary  of  the  superin- 
tendent of  schools  is  paid. 

13.  Surveyor.  The  surveyor  shall  receive  a  salary  of  four  thousand 
dollars  per  annum;  provided,  that  in  counties  of  this  class  there  shall  be, 
and  there  is  hereby  allowed  to  the  surveyor  one  deputy,  whose  salary  is 
hereby  fixed  at  the  sum  of  two  thousand  seven  hundred  dollars  per 
annum.  The  salary  of  such  surveyor  shall  be  paid  by  such  county  in 
equal  monthly  installments,  at  the  same  time  and  in  the  same  manner 
and  out  of  the  same  fund  as  the  salaries  of  other  county  ofiicers  are 
paid.  All  work  which  the  surveyor  is  directed  or  charged  to  perform 
by  law,  or  by  order  of  the  board  of  supervisors  of  such  county  shall  be 
performed  by  the  said  surveyor  at  actual  cost;  provided,  however,  that 
on  all  such  work  other  than  block-book  work  hereinafter  provided  for, 
transit  men  and  office  men  when  actually  engaged  on  such  county  work 
shall  receive  a  per  diem  of  not  to  exceed  six  dollars,  and  chainmen  when 
actually  engaged  on  such  county  work  shall  receive  a  per  diem  of  not  to 
exceed  three  dollars;  and  provided,  further,  that  for  the  making,  plat- 
ting, tracing,  or  otherwise  preparing  maps,  plats  or  block-books  for  the 
use  of  the  county  or  any  municipality  within  such  county  there  shall  be 
and  there  hereby  is  allowed  to  the  surveyor  the  following  draftsmen  who 
shall  be  paid  salaries  as  follows: 

One  chief  draftsman,  whose  salary  is  hereby  fixed  at  the  sum  of  one 
hundred  seventy-five  dollars  per  month;  one  assistant  draftsman,  whose 
salary  is  hereby  fixed  at  the  sum  of  one  hundred  thirty-five  dollars  per 
month;  four  assistant  draftsmen  for  a  period  not  to  exceed  eight  months 
in  any  one  year  whose  salaries  are  hereby  fixed  at  the  sum  of  one  hun- 
dred thirty-five  dollars  per  mouth  each;  and  provided,  further,  that  the 
surveyor  shall  be  allowed  all  necessary  expenses  for  work  performed  for 
the  county  by  virtue  of  his  office  and  all  necessary  expenses  and  trans- 
portation for  work  performed  in  the  field.  The  said  surveyor  shall  render 
to  the  auditor  of  said  county  a  monthly  sworn  statement  showing  therein 
the  kind  or  nature  of  work  performed,  the  dates,  amount  paid  to  assist- 
ants and  paid  for  expenses.  The  salary  herein  fixed  for  said  surveyor 
shall  be  in  lieu  of  all  odicr  fees,  commissions  or  compensations  of  what- 
soever kind  or  nature  iOi'  services  performed  by  said  surveyor  for  said 
county. 


357  POLITICAL   CODE,  §  4232 

The  deputy,  draftsman  and  assistant  draftsmen  herein  provided  for 
shall  be  appointed  by  the  surveyor  and  their  salaries  shall  be  paid  by 
said  county  in  equal  monthly  installments  at  the  same  time  and  in  the 
same  manner  and  out  of  the  same  fund  as  is  the  salary  of  county  officers 
in   counties  of  this  class. 

14.  Justices  of  the  peace.  .Tustices  of  the  peace  shall  receive  the  fol- 
lowing monthly  salaries  to  be  paid  each  month  and  in  the  manner  and 
out  of  the  same  fund  as  county  officers  are  paid,  which  shall  be  in  full 
for  all  services  rendered  by  them  as  justices  of  the  peace:  In  tovpnships 
iiaving  a  population  of  more  than  seventy-five  thousand,  four  thousand 
dollars  per  annum;  in  townships  having  a  population  of  forty-five  thou- 
sand and  less  than  seventy-five  thousand,  two  thousand  four  hundred 
dollars  per  annum;  in  townships  having  a  population  of  twenty  thousand 
and  less  than  forty-five  thousand,  two  thousand  four  hundred  dollars  per 
annum;  in  townships  having  a  population  of  less  than  twenty  thousand,  one 
thousand  three  hundred  eighty  dollars  per  annum;  and  provided,  further, 
that  each  justice  of  the  peace  must  keep  a  book,  open  for  the  inspection 
of  the  public  during  office  hours,  in  which  .must  be  entered  at  once  and 
in  detail  the  amount  of  all  fees  and  fines  collected  by  him  as  such  justice 
of  the  peace  and  on  the  first  Monday  of  each  and  every  month  he  must 
pay  such  fees  and  fines  so  collected  into  the  county  treasury  or  city 
treasury  as  provided  by  law;  and  provided,  further,  that  the  board  of 
supervisors  of  counties  of  the  third  class  shall  furnish  each  justice  of  the 
peace  with  a  suitable  office  in  which  to  hold  court  and  shall  also  furnish 
the  necessary  furniture,  books,  blanks  and  supplies  for  said  court;  and 
provided,  further,  that  in  townships  having  a  population  of  more  than 
seventy-five  thousand  there  shall  be  one  justice's  clerk,  and  one  deputy 
justice's  clerk,  who  shall  be  appointed  by  the  justice  of  the  peace  of 
said  township  or  justices,  if  more  than  one,  and  who  shall  perform  such 
duties  as  are  required  of  them  by  law  or  the  justice  or  justices  of  said 
township.  The  salary  of  said  clerk  is  hereby  fixed  at  the  sum  of  one 
thousand  eight  hundred  dollars  per  annum,  and  that  of  the  deputy  clerk 
at  one  thousand  two  hundred  dollars  per  annum,  payable  in  equal  monthly 
installments  out  of  the  same  fund  and  in  the  same  manner  and  at  the 
same  time  as  the  salary  of  the  justice  of  the  peace  is  paid.  For  the  pur- 
pose of  this  section  the  population  of  townships  in  counties  of  this  class 
is  hereby  determined  to  be  the  poulation  of  such  townships  as  shown  by 
the  federal  census  taken  in  the  year  Anno  Domini  nineteen  hundred  ten. 

Any  increase  in  the  compensation  of  any  justice  of  the  peace  in  this 
subdivision  provided  shall  not  become  effective  until  the  end  of  the 
present  term  of  office  of  the  present  incumbent;  during  the  present  term 
such  justice  shall  receive  the  salary  fixed,  by  law  prior  to  this  amendment 
of  this  section. 

15.  Constables.  Constables  shall  receive  the  following  monthly  salaries 
to  be  paid  each  month  and  in  the  same  manner  and  out  of  the  same 
fund  as  other  county  officers  are  paid  which  shall  be  in  full  for  all 
services  rendered  by  them  in  criminal  cases:  In  townships  having  a  popu- 
lation of  more  than  seventy-five  thousand,  one  hundred  fifty  dollars;  in 
townships  having  a  population  of  twenty  thousand  and  less  than  seventy- 
five  thousand,  one  hundred  twenty-five  dollars;  in  townships  having  a 
population   of   less   than   twenty   thousand,   one   hundred   fifteen   dollars. 


§  4233  POLITICAL   CODE.  358 

In  additiou  to  the  eompeusatiou  received  iu  criminal  cases  each  constable 
may  receive  and  retain  for  his  own  use  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law  for  all  services  performed  by  him  in  civil 
cases;  provided,  that  in  counties  of  this  class  constables  shall  be  and 
they  are  hereby  allowed  such  expenses  as  are  actually  and  necessarily 
incurred  by  them  in  conveying  prisoners  to  and  from  the  county  jail, 
such  expenses  to  be  itemized  and  presented  as  a  claim  against  the  county 
and  to  be  audited  and  allowed  by  the  board  of  supervisors  and  paid  out 
of  the  county  treasury  in  the  same  manner  as  are  other  claims.  For  the 
purpose  of  this  section  the  population  of  townships  in  counties  of  this 
class  is  hereby  determined  to  be  the  population  of  such  townships  as 
shown  by  the  federal  census  taken  in  the  year  Anno  Domini  nineteen 
hundred  ten. 

16.  Supervisors.  Each  supervisor,  two  hundred  twenty-five  dollars  per 
mohth;  provided,  that  in  counties  of  this  class  supervisors  charged  as 
road  commissioners  with  the  inspection  of  five  hundred  or  more  miles 
of  roads  within  their  respective  districts,  shall  be  and  they  are  hereby 
allowed  their  actual  traveling  expenses  not  to  exceed  the  sum  of  seventy- 
five  dollars  in  any  one  calendar  month;  and  provided,  further,  that,  in 
counties  of  this  class  supervisors  charged  as  road  commissioners  with  the 
inspection  of  two  hundred  fifty  and  not  exceeding  five  hundred  miles  of 
roads  within  their  respective  districts,  shall  be,  and  they  are  hereby 
allowed  their  actual  traveling  expenses  not  to  exceed  fifty  dollars  in  any 
one  calendar  month;  and  provided,  further,  that  in  lieu  of  the  above- 
mentioned  amounts  for  traveling  expenses,  said  supervisors  charged  as 
road  commissioners  may  be  furnished  with  automobiles  by  counties  of  the 
third  class.     [Amendmeut  approved  May  28,  1917;  Stats.  1017,  p.  1227.] 

§  4233.  Counties  of  fourth  class,  salaries  of  officers.  In  counties  of 
the  fourth  class  county  officers  shall  receive  as  compensation  for  the 
services  required  of  them  by  law,  or  by  virtue  of  their  office,  the  follow- 
ing salaries,  to  wit: 

1.  County  clerk.  The  county  clerk,  three  thousand  six  hundred  dol- 
lars per  annum;  provided,  that  in  counties  of  this  class  there  shall  be 
and  there  hereby  is  allowed  to  the  county  clerk  one  deputy  county 
clerk  who  shall  act  as  clerk  of  the  probate  department,  who  shall  re- 
ceive a  salary  of  one  thousand  eight  hundred  dollars  per  annum;  also 
one  deputy  county  clerk  to  act  as  clerk  to  the  board  of  supervisors, 
who  shall  receive  a  salary  of  one  thousand  eight  hundred  dollars  per 
annum;  also  one  deputy  county  clerk  who  shall  be  the  registrar  of 
voters  and  who  shall  receive  a  salary  of  one  thousand  six  hundred 
twenty  dollars  per  annum;  also  one  deputy  county  clerk  who  shall 
serve  as  general  office  clerk  who  shall  receive  a  salary  of  one  thousand 
eight  hundred  dollars  per  annum;  also  three  deputy  county  clerks 
who  shall  serve  as  clerks  of  the  several  departnuMits  of  the  superior 
court  wlio  shall  receive  a  salary  of  one  tliousand  five  hundred  dollars 
per  annum  each;  also  one  deputy  county  clerk  who  sliall  serve  as  desk 
clerk  who  shall  receive  a  salary  of  one  thousand  three  hundred  eighty 
dollars  per  annum;  provided,  however,  that  the  county  clerk  shall  not 
be    aliowcd   the   additional   deputy   provided   by   section   four   thousand 


359  POLITICAL  CODE.  §  4233 

two  hundred  ninety  of  the  Political  Code  of  the  State  of  California; 
also  one  deputy  county  clerk  who  shall  be  "copyist  in  the  probate  de- 
partment," who  shall  receive  a  salary  of  one  thousand  two  hundred 
dollars  per  annum;  the  deputies  herein  provided  for  shall  be  appointed 
by  the  clerk  of  said  county  and  their  salaries  shall  be  paid  by  said 
county  in  equal  monthly  installments  at  the  same  time  and  in  the  same 
manner  and  out  of  the  same  funds  as  the  salary  of  the  county  clerk; 
provided,  further,  that  in  such  years  as  the  compilation  of  a  great 
register  of  voters  is  required  by  law  to  be  made  the  said  clerk  may 
appoint  two  deputies  who  shall  serve  for  a  term  of  twelve  months, 
who  shall  each  receive  a  salary  of  eighty-five  dollars  per  month,  to 
be  paid  as  are  other  deputies  herein  provided  for;  two  deputies  who 
shall  serve  for  a  term  of  eight  months  who  shall  each  receive  a  salary 
of  eighty-five  dollars  per  month,  to  be  paid  as  are  other  deputies  herein 
provided  for;  and  two  deputies  who  shall  serve  for  a  term  of  six  months 
who  shall  each  receive  a  salary  of  eighty-five  dollars  per  month,  to 
be  paid  as  are  other  deputies  herein  provided  for;  also  one  additional 
deputy  in  each  voting  precinct  in  the  county,  outside  of  the  corporate 
limits  of  municipalities  containing  twenty-five  thousand  or  more  in- 
habitants, for  the  purpose  of  registering  electors  in  such  precincts,  who 
shall  be  paid  ten  cents  per  name  for  each  elector  legally  registered 
by  them;  provided,  that  said  county  clerk  may  be  allowed  the  actual 
and  necessary  expenses  incurred  by  him  in  the  performance  of  his  of- 
ficial duties,  and  shall  pay  into  the  county  treasury  all  fees  received 
by  him  in  his  ofiicial  capacity  from  whatever  source  they  may  be  de- 
rived. 

2.  Sheriff.  The  sheriff,  four  thousand  dollars  per  annum;  provided,, 
that  there  shall  be  and  there  hereby  is  allowed  to  the  sheriff  one  under- 
sheriff  whose  salary  is  hereby  fixed  at  the  sum  of  one  thousand  eight 
hundred  dollars  per  annum;  also  two  deputies  who  shall  each  receive 
a  salary  of  one  thousand  five  hundred  dollars  per  'annum;  also  seven 
deputies  who  shall  each  receive  a  salary  of  one  thousand  three  hun- 
dred twenty  dollars  per  annum,  one  of  whom  shall  speak  the  Italian 
language  and  shall  be  competent  to  act  as  an  Italian  interpreter;  also 
one  deputy  who  shall  act  as  matron  of  the  county  jail  who  shall  re- 
ceive a  salary  of  one  thousand  twenty  dollars  per  annum.  The  under- 
sheriff  and  deputies  herein  provided  for  shall  be  appointed  by  the 
sheriff  and  paid  at  the  same  time  and  in  the  same  manner  and  out  of 
the  same  funds  as  is  the  salary  of  the  sheriff;  provided,  that  said  sheriff 
shall  be  allowed  the  actual  and  necessary  expenses  incurred  in  the 
performance  of  his  ofiicial  duties.  He  shall  pay  into  the  county  treas- 
ury all  fees  and  mileage  collected  by  him  for  the  service  of  papers  or 
process  issued  by  any  court  of  this  state. 

3.  Recorder.  The  county  recorder,  three  thousand  six  hundred  dol- 
lars per  annum,  and  said  recorder  may  appoint  one  deputy  recorder 
who  shall  receive  a  salary  of  one  thousand  eight  hundred  dollars  per 
annum;  three  deputy  recorders  who  shall  each  receive  a  salary  of  one 
thousand  two  hundred  dollars  per  annum;  also  six  deputy  recorders 
who  shall  each  receive  a  salary  of  nine  hundred  dollars  per  annum. 
The  deputies  herein  provided  for  shall  be  paid  at  the  same  time  and  in 


§  -1233  POLITICAL   CODE.  360 

the  same  manner  and  out  of  the  same  funds  as  the  county  recorder; 
provided,  that  such  recorder  may  be  allowed  the  actual  and  necessary 
expenses  incurred  by  him  in  the  performance  of  his  official  duties  and 
shall  pay  into  the  county  treasury  all  fees  received  by  him  in  his  of- 
ficial  capacity  from  whatever  source  they  may  be  derived. 

4.  Auditor.  The  county  auditor,  three  thousand  six  hundred  dollars 
per  annum,  and  said  auditor  may  appoint  one  deputy  auditor  who  shall 
receive  a  salary  of  one  thousand  eight  hundred  dollars  per  annum;  also 
one  deputy  auditor  who  shall  receive  a  salarj-  of  one  thousand  five  hundred 
dollars  per  annum;  also  one  deputy  auditor  who  shall  receive  a  salary  of 
one  thousand  three  hundred  eighty  dollars  per  annum;  also  two  additional 
deputies  for  a  period  of  six  months  in  each  year  who  shall  each  receive  a 
salary  of  one  hundred  dollars  per  month;  provided,  that  for  the  purpose  of 
performing  the  work  imposed  upon  him  in  connection  with  the  annual 
assessment  and  collection  of  property  taxes,  the  auditor  may  be  allowed 
six  additional  deputies  for  a  period  of  one  month  who  shall  each  receive 
a  salary  of  one  hundred  dollars  per  month  and  five  additional  deputies 
for  a  period  of  two  months  who  sliall  each  receive  a  salary  of  one  hun- 
dred dollars  per  month.  The  deputies  herein  provided  for  shall  be  paid 
at  the  same  time  and  in  the  same  manner  as  is  the  county  auditor;  pro- 
vided, that  such  auditor  shall  pay  into  the  county  treasury  all  fees  re- 
ceived by  him  in  his  official  capacity. 

5.  Treasurer.  The  county  treasurer,  three  thousand  six  hundred  dol- 
lars per  annum,  and  said  treasurer  may  appoint  one  deput.v  treasurer, 
who  slial]  receive  a  salary  of  one  thousand  eight  hundred  dollars  per  an- 
num. The  premium  on  the  bond  of  said  deputy  treasurer  shall  be  paid 
by  the  county.  All  fees  and  commissions  collected  by  him  in  his  official 
capacity  shall  be  paid  into  the  county  treasury;  provided,  that  the  county 
treasurer  shall  be  entitled  to  retain  for  his  own  use  the  fees  which  are 
now  or  which  may  hereafter  be  allowed  by  the  state  law  for  the  collec- 
tion and  payment  to  the  state  treasurer  of  inheritance  taxes.  When- 
ever the  fees  received  on  account  of  any  one  estate  paying  inheritance 
taxes  shall  exceed  the  sum  of  two  hundred  dollars  such  excess  shall  be 
by  the  county  treasurer  paid  into  the  county  treasury  as  in  the  case  of 
fees  received  by  him  from  other  sources.  The  deputy  herein  provided 
for  shall  be  paid  at  the  same  time  and  in  the  same  manner  and  out  of 
the  same  funds  as  is  the  county  treasurer. 

6.  Tax  collector.  The  tax  collector,  three  thousand  six  hundred  dol- 
lars per  aiiiiuin,  ;iiid  said  tax  collector  may  appoint  one  deputy  tax  col- 
lector who  sliall  receive  a  salary  of  one  thousand  eight  hundred  dollars 
per  annum;  one  additional  deputy  tax  collector  who  shall  receive  a  sal- 
ary of  one  thousand  five  hundred  dollars  per  annum;  also  twelve  addi- 
tional deputy  tax  collectors  to  serve  as  such  only  for  a  period  of  two 
and  one-half  months  in  cnch  year,  and  who  shall  receive  a  salary  of  one 
hundred  dollars  each  jior  month;  also  three  additional  deputy  tax  col- 
lectors who  shall  serve  as  such  only  during  two  months  of  each  year  and 
who  shall  receive  a  salary  of  one  hundred  dollars  each  per  month;  also 
eleven  copyists  who  shall  serve  only  during  one  and  one-half  months  of 
each    year,    and    shall    each    receive    a    salary    of    eighty-five    dollars    per 


361  POLITICAL    CODE.  §  4233 

month.  The  deputies  and  copyists  herein  provided  for  shall  be  paid  at 
the  same  time  and  in  the  same  manner  and  out  of  the  same  funds  as 
is  the  salary  of  the  tax  collector;  provided,  that  said  tax  collector  shall 
be  allowed  the  actual  and  necessary  expenses  incurred  by  him  in  the 
performance  of  his  official  duties,  including  the  making  and  compiling 
of  the  necessary  indices  to  the  assessment-roll,  and  shall  pay  into  the 
county  treasury  all  fees  received  by  him  in  his  official  capacity  from 
whatever  source  they  may  be  derived. 

7.  License  collector.  The  license  collector,  fifteen  per  cent  of  the 
whole  amount  of  license  collected  by  him;  provided,  that  the  entire  com- 
pensation of  said  license  collector  shall  not  exceed  the  sum  of  one  thou- 
sand five  hundred  dollars  per  annum. 

8.  Assessor.  The  county  assessor,  three  thousand  six  hundred  dollars- 
per  annum;  and  said  assessor  may  appoint  one  chief  deputy  assessor  who 
shall  receive  a  salary  of  one  thousand  eight  hundred  dollars  per  annum; 
one  supervising  deputy  assessor  who  shall  receive  a  salary  of  one  thou- 
sand six  hnudred  "dollars  per  annum;  one  office  deputy  assessor  who  shall 
receive  a  salary  of  one  thousand  five  hundred  dollars  per  annum;  one 
searcher  of  records  and  office  deputy  to  serve  as  such  at  a  salary  of  one 
thousand  five  hundred  dollars  per  annum;  also  twenty  deputy  assessors 
who  shall  serve  as  such  during  the  months  of  March,  April,  May  and 
June  of  each  year,  who  shall  each  receive  a  salary  of  one  hundred  dol- 
lars per  month,  also  five  additional  deputy  assessors  who  shall  serve  as 
such  only  during  the  months  of  March,  April,  May,  June  and  July  of 
each  year  who  shall  each  receive  a  salary  of  one  hundred  dollars  per 
month;  two  copyists  who  shall  each  receive  a  salary  of  one  thousand 
two  hundred  dollars  per  annum,  and  also  five  copyists  to  serve  as  such 
only  during  four  months  of  each  year  who  shall  receive  a  salary  of  one 
hundred  dollars  each  per  month;  provided,  that  the  above  salaries  and 
compensations  shall  be  in  full  for  all  services  rendered  by  him  as  such 
assessor  and  that  no  commission  for  the  collection  of  state  or  infirmary 
poll  taxes  or  personal  property  taxes  shall  be  retained  by  him  but  that 
all  such  commissions  shall  be  paid  into  the  county  treasury.  The  depu- 
ties and  copyists  herein  provided  for  shall  be  paid  at  the  same  time  and 
in  the  same  manner  and  out  of  the  same  fund  as  is  the  county  assessor; 
provided,  that  the  assessor  shall  be  allowed  the  actual  and  necessary 
expenses  incurred  by  him  in  the  performance  of  his  official  duties. 

9.  District  attorney.  The  district  attorney,  three  thousand  six  hundred 
dollars  per  annum;  he  may  appoint  a  chief  deputy  at  a  salary  of  two 
thousand  seven  hundred  dollars  per  annum;  one  assistant  district  attor- 
ney at  a  salary  of  two  thousand  one  hundred  dollars  per  annum;  one 
assistant  district  attorney  at  a  salary  of  one  thousand  eight  hundred 
dollars  per  annum;  and  a  deputy  district  attorney  at  a  salary  of  one 
thousand  eight  hundred  dollars  per  annum;  one  detective  who  shall  serve 
at  a  salary  of  one  thousand  five  hundred  dollars  per  annum;  provided, 
however,  that  no  further  or  additional  amounts  shall  be  allowed  for 
detective  services  without  the  previous  consent  and  authority  of  the 
board  of  supervisors,  and  a  clerk  at  a  salary  of  one  thousand  two  hun- 
dred dollars  per  annum,  all  of  whom  shall  be  paid  in  the  same  manner 


§  4233  POLITICAL   CODE.  362 

as  said  district  attorney;  provided,  that  said  district  attorney  shall  be 
allowed  the  actual  and  necessary  expenses  incurred  by  him  in  the  per- 
formance of  his  official  duties.  All  fees  and  commissions  collected  by 
him  shall  be  paid  into  the  county  treasury. 

10.  Coroner  and  public  administrator.  The  coroner  and  public  adminis- 
trator such  fees  as  are  now  or  may  hereafter  be  allowed  by  law.  Said 
coroner  may  appoint  a  deputy  coroner  to  serve  in  the  absence  from  the 
county  or  inability  of  the  coroner  to  act;  provided,  that  said  deputy 
coroner  shall  receive  only  such  fees  as  the  coroner  would  receive  if 
acting. 

11.  Superintendent  of  schools.  The  county  superintendent  of  schools, 
three  thousand  dollars  per  annum,  and  the  said  superintendent  of  schools 

■  may  appoint  a  deputy  superintendent  of  schools  who  shall  receive  a  sal- 
ary of  one  thousand  three  hundred  twenty  dollars  per  annum  and  the 
said  superintendent  of  schools  shall  also  be  paid  his  actual  traveling 
expenses  when  visiting  the  schools  of  the  county.  The  deputy  herein 
provided  for  shall  be  paid  at  the  same  time  and  in  the  same  manner  and 
out  of  the  same  fund  as  is  the  superintendent  of  schools. 

12.  Surveyor.  The  county  surveyor,  the  sum  of  three  thousand  six 
hundred  dollars  per  annum;  provided,  that  the  increase  over  the  salary 
heretofore  allowed  said  county  surveyor  shall  not  take  effect  until  the 
first  Monday  in  January,  1919.  Said  surveyor  may  appoint  a  deputy  sur- 
veyor who  shall  receive  a  salary  of  one  thousand  six  hundred  dollars  per 
annum;  also  one  deputy  who  shall  receive  a  salary  of  one  thousand  three 
hundred  twenty  dollars  per  annum;  and  one  deputy  who  shall  be  a  drafts- 
man whose  duties  shall  include  the  preparation  of  maps  for  the  county 
assessor  at  a  salary  of  one  thousand  two  hundred  dollars  per  annum;  one 
deputy  at  a  salary  of  one  thousand  two  hundred  dollars  per  annum  and 
one  dieputy  at  a  salary  of  one  thousand  eighty  dollars  per  annum;  and 
one  deputy  at  nine  hundred  dollars  per  annum.  Such  compensation  and 
salaries  as  above  set  forth  shall  be  in- full  for  all  services  as  such  county 
surveyor,  and  all  fees  and  compensation  received  or  collected  by  him  for 
surveying  other  than  for  the  county,  shall  be  paid  into  the  county  treas- 
ury; provided,  that  said  county  surveyor  shall  be  allowed  all  necessary 
transportation  and  expenses  incurred  by  himself  or  deputies  for  work 
performed  in  the  field,  and  in  the  official  discharge  of  his  duties.  Such 
salaries  shall  be  paid  at  the  same  time  and  in  the  same  manner  as  the 
salaries  of  other  county  officers  are  paid.  Said  surveyor  shall  also  have 
power  to  appoint  such  inspectors  as  he  may  deem  necessary,  for  the 
proper  supervision  of  all  roads  and  bridges  under  construction,  and  the 
compensation  of  said  inspectors  shall  be  a  proper  charge  against  the 
county. 

13.  Fish  and  game  warden.  The  fish  and  game  warden,  one  thousand 
two  hundred  dollars  per  annum  and  the  actual  and  necessary  expenses 
incurred  by  him  in  the  performance  of  his  official  duties,  not  to  exceed 
fifty  dollars  for  any  one  mnnlli. 

1  1.  Supervisors.  The  Ikj.hiI  of  supci-N  isors  may  at  any  lime  grant  such 
additional  assistance,  or  pay  for  such  additional  employees  or  service  as 


363  POLITICAL   CODE.  §  4233 

it  deems  necessary  to  perform  any  service  required  by  or  in  connection 
with  any  of  the  foregoing  county  offices  in  counties  of  this  class. 

15.  Justices  of  the  peace.  In  counties  of  this  class,  justices  of  the 
peace  shall  be  compensated  as  follows,  and  all  salaries  shall  be  payable 
monthly  in  the  same  manner  as  the  salaries  of  county  officers  are  paid, 
viz: 

(1)  In  townships  having  a  population  of  twenty  thousand  or  more, 
justices  of  the  peace  shall  each  receive  a  salary  of  two  hundred  fifty 
dollars  per  month  as  full  compensation  for  all  services  rendered  by  them, 
except  as  hereinafter  provided;  provided,  however,  that  in  all  such  town- 
ships having  a  population  of  twenty  thousand  or  more,  there  shall  be 
two  township  justices  of  the  peace  in  and  for  any  such  township,  and 
said  justices  shall  each  be  allowed  a  clerk  to  be  appointed  by  the  justices 
of  the  peace  at  a  salary  of  one  hundred  dollars  per  month,  each,  payable 
monthly  in  the  same  manner  as  salaries  of  county  officers  are  paid,  and 
shall  be  furnished  with  offices  and  necessary  supplies  by  the  board  of 
supervisors. 

(2)  In  townships  _having  a  population  of  five  thousand  and  less  than 
twenty  thousand,  justices  of  the  peace  shall  each  receive  a  salary  of  one 
hundred  thirty-seven  dollars  and  fifty  cents  per  month  for  all  services 
rendered  by  them,  except  as  hereinafter  provided. 

(3)  In  townships  having  a  population  of  four  thousand  four  hundred 
and  less  than  five  thousand,  justices  of  the  peace  shall  each  receive  a 
salary  of  one  hundred  thirty-five  dollars  per  month  as  full  compensation 
for  all  services  rendered  by  them,  except  as  hereinafter  provided. 

(4)  In  townships  having  a  population  of  two  thousand  five  hundred 
and  less  than  four  thousand  four  hundred,  justices  of  the  peace  shall  each 
receive  a  salary  of  seventy-five  dollars  per  month  as  full  compensation 
for  all  services  rendered  by  them  except  as  hereinafter  provided. 

(5)  In  townships  having  a  population  of  two  thousand  two  hundred 
fifty  and  less  than  two  thousand  five  hundred,  justices  of  the  peace  shall 
each  receive  the  sum  of  sixty  dollars  per  month  as  salary  for  all  services 
rendered  in  both  civil  and  criminal  cases.  All  fees  collected  by  them 
shall  be  paid  monthly  by  them  into  the  county  treasury. 

(6)  In  townships  having  a  population  of  one  thousand  and  less  than 
two  thousand  five  hundred,  justices  of  the  peace  shall  each  receive  a  sal- 
ary of  fifty  dollars  per  month  as  full  compensatiqn  for  all  serAdces  ren- 
dered by  them,  except  as  hereinafter  provided. 

(7)  In  townships  having  a  population  of  less  than  one  thousand,  jus- 
tices of  the  peace  shell  each  receive  a  salary  of  thirty  dollars  per  month 
as  full  compensation  for  all  services  rendered  by  them,  except  as  herein- 
after provided. 

Justices  of  the  peace  in  all  townships  in  counties  of  the  fourth  class 
shall  be  permitted  to  receive  and  retain  for  their  own  use,  fees  for  cele- 
brating marriages  and  returning  certificates  thereof,  but  all  other  fees 
shall  be  collected  by  them  and  by  them  paid  into  the  county  treasury  at 
least  once  a  month. 

'  16.  Constables.     Population   of  townships.     In   counties   of   this   class 
constables  shall  be  compensated  as  follows,  and  all  salaries  herein  pro- 


§  4233  POLITICAL   CODE.  364 

vided  shall  be  paid  in  the  s'ame  manner  as  the  salaries  of  county  officers 
are  paid,  viz: 

(1)  In  townships  having  a  population  of  twenty  thousand  or  more,  con- 
stables shall  each  receive  a  salary  of  one  hundred  dollars  per  month  for 
all  services  rendered  by  them  in  criminal  cases.  As  compensation  for  all 
services  rendered  in  civil  cases  and  all  other  matters  wherein  they  may 
charge  fees  for  their  services,  a  constable  may  collect  and  retain  for  his 
own  use  as  his  compensation  such  fees  as  are  now,  or  may  hereafter  be 
allowed  by  law. 

(2)  In  townships  having  a  population  of  five  thousand  and  less  than 
twenty  thousand,  constables  shall  each  receive  the  sum  of  seventy-seven 
dollars  and  fifty  cents  per  month  as  a  salary  for  all  services  rendered  by 
them  in  criminal  cases.  As  compensation  for  all  services  rendered  by 
them  in  civil  cases  and  in  all  other  matters  wherein  they  may  charge 
fees  for  their  services,  a  constable  may  collect  and  retain  for  his  own 
use  as  his  compensation  such  fees  as  are  now  or  may  hereafter  be  allowed 
by  law. 

(3)  In  townships  having  a  population  of  four  thousand  four  hundred 
and  less  than  five  thousand,  constables  shall  each  receive  the  sum  of 
seventy-seven  dollars  and  fifty  cents  per  month  as  a  salary  for  all  ser- 
vices rendered  by  them  in  criminal  cases,  civil  cases  and  in  the  perform- 
ance of  all  other  duties  imposed  upon  them  by  law.  All  fees  chargeable 
and  collectible  in  both  criminal  cases,  civil  cases,  and  in  all  other  cases 
wherein  fees  are  chargeable  by  constables,  they  shall  collect  in  advance 
and  pay  monthly  into  the  county  treasury. 

(4)  In  townships  having  a  population  of  two  thousand  five  hundred  and 
less  than  four  thousand  four  hundred,  constables  shall  each  receive  the 
sum  of  sixty  dollars  per  month  as  a  salary  for  all  services  rendered  by 
them  in  both  civil  and  criminal  cases.  All  fees  collected  by  them  in  civil 
and  criminal  cases  shall  be  paid  monthly  by  them  into  the  county  treas- 
ur}'.  For  all  services  performed  by  them,  they  may  charge  and  retain 
for  their  own  use  such  fees  as  are  chargeable  at  law. 

(5)  In  townships  having  a  population  of  two  thousand  two  hundred 
fifty  and  less  than  two  thousand  five  hundred,  constables  shall  each  re- 
ceive the  sum  of  sixty  dollars  per  month  as  salary  for  all  services  ren- 
dered in  both  civil  and  criminal  cases.  All  fees  collected  by  them  shall 
be  paid  monthly  by  them  into  the  county  treasury. 

(6)  In  townships  having  a  population  of  one  thousand  and  less  than 
Uvo  hundred  fifty,  constables  shall  each  receive  the  sum  of  forty  dollars 
per  month  as  salary  for  all  services  rendered  in  criminal  cases.  All  fees 
collected  by  them  in  criminal  cases  shall  be  paid  monthly  by  them  into 
tlie  county  treasury.  For  all  other  services  performed  by  them  they  may 
charge  and  collect  for  their  own  use  such  fees  as  are  allowed  by  law. 

(7)  In  townships  having  a  population  of  less  than  one  thousand,  con- 
stables shall  each  receive  the  sum  of  thirty  dollars  per  month  as  a  salary 
for  all  services  rendered  by  them  in  criminal  cases.  All  fees  collected  by 
tlioni  in  criminal  cases  shall  be  jiaid  monthly  into  the  county  treasury. 
I'or  all  other  services  performed  by  them  they  may  charge  and  collect 
for  tlieir  own  use  such  fees  as  are  allowed  by  law. 


365  POLITICAL  CODE.  §  4233 

Constables  shall  be  allowed  all  necessary  expenses  incurred  in  con- 
veying prisoners. 

The  population  herein  referred  to  in  classifying  townships  for  the  pur- 
pose of  regulating  the  compensation  of  justices  of  the  peace  and  con- 
stables shall  be  the  population  found  and  determined  by  the  federal 
census  taken  in  the  year  1910;  provided,  however,  that  a  township  census 
may  be  taken  for  the  purpose  of  establishing  the  official  census  of  such 
township  in  the  manner  hereinafter  specified  and  when  so  taken,  such 
census  shall  be  known  as  and  shall  become  the  official  census  of  such 
township  in  which  it  is  taken  and  the  population  therein  determined 
shall  be  and  become  the  official  population  of  such  township.  Whenever 
there  shall  be  presented  to  the  board  of  supervisors  of  the  county  a  peti- 
tion signed  by  the  qualified  electors  of  any  township  or  townships  in  num- 
ber equal  to  twenty-five  per  cent  of  the  votes  cast  at  the  preceding  gen- 
eral election,  praying  that  said  township  or  townships  may  be  allowed 
to  take  the  census  of  said  township  or  townships  for  the  purpose  of 
ascertaining  the  population  therein  contained,  the  board  of  supervisors 
may  order  such  census  to  be  taken  by  one  or  more  suitable  persons 
appointed  therefor  by  the  board  of  supervisors  and  such  census  shall  be 
taken  by  such  persons  so  appointed,  of  all  of  the  inhabitants  of  such 
township  or  townships.  The  full  name  of  each  person  shall  be  plainly 
written,  the  names  alphabetically  arranged  and  regularly  numbered  in 
one  complete  series  and  when  completed,  shall  be  verified  by  the  proper 
official  authorized  to  administer  oaths  and  be  filed  with  the  county  clerk 
and  thereupon,  the  same  shall  be  known  and  shall  be  the  official  census 
of  said  township  or  townships. 

17.  Supervisors.  Each  supervisor,  two  thousand  four  hundred  dollars 
per  annum  and  mileage  of  ten  cents  per  mile  for  each  mile  actually 
traveled  in  going  to  and  from  their  residence  to  the  county  seat  or  in 
the  performance  of  the  duties  required  of  them  by  law  or  by  virtue  of 
their  office;  provided,  that  in  attending  sessions  of  the  board  only  four 
mileages  shall  be  allowed  for  each  month  and  that  the  total  mileage 
allowed  shall  not  exceed  five  hundred  dollars  in  any  one  calendar  year; 
provided,  that  nothing  in  this  subdivision  shall  be  deemed  to  affect  the 
compensation  or  mileage  of  any  incumbent  supervisor,  but  said  incum- 
bent shall  be  paid  such  compensation  and  allowed  such  mileage  as  is  now 
provided  and  allowed  by  law. 

18.  Jurors.  The  fees  of  grand  jurors  and  trial  jurors  in  the  superior 
courts  of  said  counties  of  the  fourth  class,  in  civil  and  criminal  cases 
shall  be  three  dollars,  in  lawful  money  of  the  United  States,  for  each 
day's  attendance,  and  mileage  to  be  computed  at  the  rate  of  fifteen  cents 
per  mile  for  each  mile  necessarily  traveled  in  attending  court,  in  going 
only.  In  criminal  eases  such  fees  and  mileage  of  said  trial  jurors  in  the 
superior  court  shall  be  paid  by  the  treasurer  of  the  county  out  of  the 
general  fund  of  said  county  upon  warrants  drawn  by  the  county  auditor 
upon  the  written  order  of  the  judge  of  the  court  in  which  said  juror  was 
in  attendance,  and  the  treasurer  of  said  county  shall  pay  said  warrants. 
The  board  of  supervisors  of  said  county  is  hereby  directed  to  make  suit- 
able appropriation  for  the  payment  of  the  fees  herein  provided  for. 
[Amendment  approved  May  28,  1917;  Stats.  1917,  p.  1260.] 


§  4234  POLITICAL   CODE.  366 

§  4234.  Counties  of  fifth  class,  salaries  of  officers.  In  counties  of  the 
fifth  class  the  county  oificers  shall  receive  as  compensation  for  the  ser- 
vices required  of  them  by  law  or  by  virtue  of  their  offices,  the  following 
salaries,  to  wit: 

1.  County  clerk.  The  county  clerk,  three  thousand  four  hundred  dol- 
lars per  annum;  he  shall  have  one  deplity  at  a  salary  of  two  thousand 
dollars  per  annum,  one  deputy  at  a  salary  of  one  thousand  eight  hundred 
dollars  per  annum;  six  deputies  at  a  salary  of  one  thousand  five  hundred 
dollars  per  annum  each;  three  deputies  at  a  salary  of  one  thousand  two 
hundred  dollars  per  annum  each,  one  of  whom  shall  be  a  competent  sten- 
ographer. He  shall  also  have  two  additional  deputies  for  a  period  ot 
not  to  exceed  ten  months  during  each  and  every  even-numbered  year,  at, 
a  salary  of  eighty  dollars  per  month  each  during  their  said  employment 
and  four  copyists  for  a  period  not  to  exceed  six  months  during  each  and 
every  even-numbered  year,  such  copyists  to  receive  a  salary  of  sixty 
dollars  per  month  during  their  said  employment  and  also  for  any  such 
even-numljered  years  shall  appoint  such  deputies  in  the  county  as  are 
necessary  for  the  purpose  of  registering  electors,  such  deputies  to  receive 
five  cents  per  name  for  each  elector  legally  registered  by  them.  The  county 
clerk  shall  pay  into  the  county  treasury  at  the  close  of  each  month  all 
fees  received  by  him  during  the  month,  accompanied  by  a  statement  of 
sources  from  whence  received. 

2.  Sheriff.  The  sheriff,  six  thousand  dollars  per  annum  and  all  fees 
for  the  service  of  process  issued  without  his  county.  He  shall  have  an 
under-sheriff  at  a  salary  of  one  thousand  eight  hundred  dollars  per  an- 
num; one  field  deputy  at  a  salary  of  one  thousand  eight  hundred  dollars 
per  annum,  and  two  field  deputies  at  a  salary  of  one  thousand  five  hun- 
dred dollars  per  annum  each;  one  office  deputy  who  shall  have  charge  of 
the  records  made  under  the  Bertillon  system  and  who  shall  act  as  photog- 
rapher and  who  shall  receive  a  salary  of  one  thousand  five  hundred  dol- 
lars per  annum;  five  deputies  whose  salaries  shall  be  one  thousand  two 
hundred  dollars  per  annum  each;  a  stenographer  at  a  salary  of  one  thou- 
sand two  hundred  dollars  per  annum;  and  a  jailer  at  a  salary  of  one 
thousand  five  hundred  dollars  per  annum.  The  sheriff  shall  pay  into  the 
county  treasury  all  sums  received  by  him  for  service  of  processes  issued 
within  the  county. 

!!.  Recorder.  The  recorder,  two  tliousand  seven  hundred  dollars  per 
annum  up  to  and  until  the  first  Monday  in  January,  1919,  after  which 
time  he  shall  receive  a  salary  of  three  thousand  dollars  per  annum. 
lie  shall  have  two  deputies  at  a  salary  of  one  thousand  eight  hundred 
dollars  each  per  annum  and  two  deputies  at  salaries  of  one  thousand  five 
Inindred  dollars  each  per  annum;  a  statistician  for  compiling  the  vital 
statistics  of  the  county  at  a  salary  of  one  thousand  five  hundred  dollars 
Iter  annum  and  an  abstract  clerk  at  a  salary  of  one  thousand  five  hundred 
dollars  per  annum;  and  one  deputy  for  not  to  exceed  six  months  in  each 
year  at  a  salary  of  one  hundred  dollars  per  month.  The  recorder  shall 
liavc  such  copyists  as  are  necessary  to  ])erform  tlie  duties  of  the  office 
at   a  comitciisalioii   oT  six  cents  per   folio. 

4.  Auditor.  The  auditor,  two  tliousaiid  scxcn  hundred  dollars  per 
annum   up   to  and    until    the   first    Monday   in   January,   1919,  after  which 


367  POLITICAL   CODE.  §  4234 

time  he  shall  receive  a  salary  of  three  thousand  dollars  per  annum.  He 
shall  have  one  deputy  at  a  salary  of  one  thousand  eight  hundred  dollars 
per  annum  and  one  deputy  at  a  salary  of  one  thousand  five  hundred  dol- 
lars per  annum;  a  redemption  clerk  at  a  salary  of  one  thousand  five 
hundred  dollars  per  annum;  an  additional  deputy  to  act  as  bookkeeper 
at  a  salary  of  one  thousand  five  hundred  dollars  per  annum  and  three 
deputies  for  not  to  exceed  one  hundred  twenty  days  in  each  year  at  a 
salary  of  four  dollars  per  day  each  who  shall  make  segregation  of  road 
district   values  and  perform  such  other  service  as  required  by  law. 

5.  Treasurer.  The  treasurer,  two  thousand  seven  hundred  dollars  per 
annum  up  to  and  until  the  first  Monday  in  January,  1919,  after  which 
time  he  shall  receive  a  salary  of  three  thousand  dollars  per  annum.  He 
shall  have  one  deputy  at  a  salary  of  one  thousand  eight  hundred  dollars 
per  annum,  one  additional  deputy  who  shall  act  as  bookkeeper  at  a 
salary  of  one  thousand  five  hundred  dollars  per  annum,  and  one  deputy 
at  a  salary  of  one  thousand  two  hundred  dollars  per  annum. 

6.  Tax  collector.  The  tax  collector,  two  thousand  seven  hundred  dol- 
lars per  annum  up  to  and  until  the  first  Monday  in.  January,  1919,  after 
which  time  he  shall  receive  three  thousand  dollars  per  annum.  He  shall 
have  one  deputy  who  shall  act  as  cashier  at  a  salary  of  one  thousand 
eight  hundred  dollars  per  annum;  one  deputy  who  shall  act  as  assistant 
cashier  and  tax  sale  clerk  at  a  salary  of  one  thousand  eight  hundred 
dollars  per  annum;  one  deputy  at  a  salary  of  one  thousand  five  hundred 
dollars  per  annum;  one  deputy  at  a  salary  of  one  thousand  two  hundred 
dollars  per* annum;  one  deputy  who  shall  act  as  bookkeeper  at  a  salary 
of  one  thousand  eight  hundred  dollars  per  annum;  and  one  deputy  who 
shall  act  as  stenographer  and  assistant  bookkeeper  at  a  salary  of  one 
thousand  two  hundred  dollars  per  annum,  and  eight  additional  deputies 
for  not  to  exceed  three  months  in  each  year  at  salaries  of  one  hundred 
dollars  per  month  each. 

7.  Assessor.  The  assessor  shall  receive  four  thousand  dollars  per  an- 
num for  all  services  rendered  as  assessor.  He  shall  have  one  deputy  at 
a  salary  of  one  thousand  eight  hundred  dollars  per  annum;  one  drafts- 
man at  a  salary  of  one  thousand  five  hundred  dollars  per  annum  and  one 
real  estate  transfer  deputy  at  a  salary  of  one  thousand  two  hundred  dol- 
lars per  annum.  He  shall  also  have  one  stenographer  at  a  salary  of  nine 
hundred  dollars  per  annum.  He  shall  also  have  three  field  deputies  for 
a  period  not  to  exceed  three  months  each  year  at  salaries  of  six  dollars 
per  day  each  when  actually  employed;  twenty-two  field  deputies  for  a 
period  not  to  exceed  three  months  each  year  at  salaries  of  five  dollars 
per  day  each  when  actually  employed;  eight  deputies  for  a  period  not  to 
exceed  six  months  each  year  at  salaries  of  four  dollars  per  day  each, 
and  five  copyists  for  a  period  not  to  exceed  six  months  each  year  at  sala- 
ries of  three  dollars  per  day  each  when  actually  employed.  All  sums 
collected  by  the  assessor  or  his  deputies  as  personal  property  taxes  shall 
be  paid  into  the  county  treasury  monthly  as  collected,  with  a  statement 
of  account  of  such  collections. 

8.  Jurors.  In  counties  of  this  class  grand  and  trial  jurors  shall  receive 
three   dollars  per   day  while   engaged  in   the  performance  of   the   duties 


§  4234  POLITICAL    CODE.  368 

required  of  them,  and  iu  addition  thereto  shall  receive  the  mileage  now 
allowed  by  law. 

9.  District  attorney.  The  district  attorney,  three  thousand  six  hun- 
dred dollars  per  annum.  He  shall  have  one  assistant  at  a  salary  of  two 
thousand  four  hundred  dollars  per  annum;  two  deputies  at  salaries  of  one 
thousand  eight  hundred  dollars  per  annum  each;  one  deputy  at  a  salary 
of  one  thousand  five  hundred  dollars  per  annum;  a  detective  at  a  salary 
of  one  hundred  ten  dollars  per  month;  one  stenographer  at  a  salary  of 
one  hundred  dollars  per  month  and  one  stenographer  at  a  salary  of 
eighty-five  dollars  per  month.  Neither  of  these  stenographers  shall  re- 
ceive other  compensation  for  reason  of  services  as  stenographic  reporter 
in  any  action  or  proceeding  wherein  the  fee  or  per  diem  of  the  sten- 
ographic reporter  constitutes  a  charge  against  the  county. 

10.  Coroner.  The  coroner,  such  fees  as  arc  now  or  may  hereafter  be 
allowed  by  law. 

11.  Public  administrator.  The  public  administrator,  such  fees  as  are 
now  or  may  hereafter  be  allowed  by  law. 

12.  Superintendent  of  schools.  Wuiierintendent  of  schools,  two  thou- 
sand seven  hundred  dollars  per  annm  up  to  and  including  the  first  Mon- 
day in  January,  1919,  after  which  time  he  shall  receive  a  salary  of  three 
thousand  dollars  per  annum.  He  shall  have  three  supervising  assistants 
at  salaries  of  one  thousand  eight  hundred  dollars  per  annum  each;  one 
deputy  at  a  salary  of  one  thousand  eight  hundred  dollars  per  annum; 
one  deputy  at  a  salary  of  one  thousand  five  hundred  dollars  j^ev  annum 
and  one  stenographer  at  a  salary  of  nine  hundred  dollars  per  annum. 
The  superintendent  and  his  supervising  assistants  shall  be  allowed  their 
actual  traveling  expenses  incurred  while  visiting  schools  in  the  county. 

13.  Surveyor.  The  surveyor,  two  thousand  dollars  per  annum  up  to 
and  until  the  first  Monday  in  January,  1919,  after  which  time  he  shall 
receive  a  salary  of  three  thousand  dollars  per  annum  in  full  compen- 
sation for  all  services  as  county  surveyor,  as  road  viewer  or  inspector, 
and  shall  receive  his  actual  and  necessary  expenses  when  at  work  in  the 
field.  He  shall  have  one  field  deputy  at  a  salary  of  one  thousand  eight 
hundred  dollars  per  annum;  one  deputy  at  a  salary  of  one  thousand  five 
hundred  dollars  per  annum.  After  the  first  Monday  in  January,  1919, 
the  surveyor  and  his  deputies  shall  devote  their  entire  time  and  service 
to  the  work  of  the  county,  and  are  prohibited  from  engaging  in  private 
surveying  and  engineering  work,  and  shall  do  all  surveying  and  engineer- 
ing work  for  the  county,  including  the  pi'oparation  of  plans  and  specifica- 
tions for  the  construction  of  bi-idges. 

14.  Population  of  townships.  Classification  of  townships.  The  regis- 
tered |)opula1ion  of  the  several  judicial  townships  of  this  county  is 
iiereby  deterniined  to  be  the  registered  votes  asi  shown  by  the  great 
register  of  the  (ounty  in  the  office  of  the  county  clerk  .Tanuary  first,  one 
thousaml    nine   Inirnlred   fifteen,  as  follows,  to  wit: 

.liHlirinl  townshiji  No.      1 814 

.lu.lici:.]  townsiiip  No.     2 2,205 

.Judicial  township  No.     ^5 17,730 

.liulicial  townshi])  No.      4 2,058 


369  POLITICAL   CODE.  §  4234 

Judicial  township  No.     5 2,171 

Judicial  township  No.     6 2,841 

Judicial  township  No.     7 1,931 

Judicial  township  No.     8 1,807 

Judicial  township  No.     i1 858 

Judicial  township  No.   10 863 

Judicial  township  No.  11 1,219 

Judicial   township  No.   12 277 

.Judicial  township  No.   1.3 683 

Judicial  township  No.   14 679 

Judicial  township  No.  15 1,021 

And  for  the  purpose  of  regulating  the  compensation  of  the  constables 
and  justices  of  the  peace,  townships  of  this  class  of  counties  are  hereby 
classified  as  follows:  Townships  having  a  registered  voting  population  of 
ten  thousand  and  more  shall  belong  to  and  be  known  as  townships  of 
the  first  class;  townships  having  a  like  population  of  one  thousand  four 
hundred  fifty  and  less  than  ten  thousand  shall  belong  to  and  be  known  as 
townships  of  the  second  class;  townships  having  a  like  population  of  six 
liundred  and  less  than  one  thousand  four  hundred  fifty  shall  belong  to  and 
be  known  as  townships  of  the  third  class;  townships  having  a  like  popu- 
lation of  less  than  six  hundred  shall  belong  to  and  be  known  as  town- 
ships of  the  fourth  class. 

15.  Justices  of  the  peace.  .Justices  of  the  peace,  and  persons  now 
performing  the  duties  of  justices  of  the  peace,  shall  receive  the  following 
monthly  salaries,  to  be  paid  each  month  as  the  county  officers  are  paid, 
and  the  same  shall  be  in  full  compensation  for  all  services  rendered  and 
shall  include  their  office  rent,  except  as  otherwise  provided  by  law,  to 
wit:  In  townships  of  the  first  class,  two  hundred  dollars;  in  townships 
of  the  second  class,  eighty-five  dollars;  in  townships  of  the  third  class, 
seventy  dollars;  in  townships  of  the  fourth  class,  fifty  dollars. 

Justices  of  the  peace  shall  pay  to  the  county  treasurer  once  a  month  all 
fees  and  fines  collected  by  them,  and  shall  be  responsible  for  the  collec- 
tion and  payment  to  the  county  treasurer  of  all  such  fees  and  fines  as 
herein  provided. 

16.  Constables.  Constables  shall  receive  the  following  monthly  sal- 
aries, to  be  paid  each  month  as  the  county  officers  are  paid,  and  to  be  in 
full  compensation  for  all  services  rendered  by  them  in  criminal  cases,  to 
wit:  In  townships  of  the  first  class,  one  hundred  dollars;  in  townships  of 
the  second  class,  seventy-five  dollars;  in  townships  of  the  third  class, 
sixty  dollars;  in  townships  of  the  fourth  class,  fifty  dollars. 

In  addition  to  the  monthly  salaries  above  provided,  each  constable 
may  receive  and  retain  for  his  own  use  such  fees  as  are  now  or  may 
hereafter  be  allowed  by  law  for  all  services  rendered  by  him  in  civil 
cases,  and  shall  also  be  allowed  all  necessary  expenses  actually  incurred 
in  arresting  and  conve^'ing  prisoners  to  court  or  prison,  which  expenses 
shall  be  audited  by  the  board  of  supervisors  and  paid  out  of  the  county 
treasury. 

17.  Supervisors.  The  supervisors  shall  receive  each  the  sum  of  one 
thousand  eight  hundred  dollars  per  annum,  payable  monthly  in  install- 
ments of  one  hundred  fifty  dollars  per  month,  in  full  compensation  for 
all  services  rendered  either  as  supervisors  or  road  overseers. 

24 


§  4236  POLITICAL   CODE.  370 

18.  Monthly  payment.  The  salaries  of  all  county  and  township  officers 
and  their  deputies  shall  be  payable  in  installments  monthly  on  the  first 
day  of  each  month. 

19.  Salaries  for  all  services.  Beginning  with  the  first  Monday  in  Janu- 
ary, 1919,  officers  of  the  counties  of  the  fifth  class  shall  receive  for  all 
services  required  of  them  by  law  only  such  salaries  as  are  herein  pro- 
vided, and  beginning  with,  and  after  the  first  Monday  in  January,  1919, 
all  county  officers  of  the  fifth  class  shall  pay  over  to  the  county  treasurer, 
at  the  close  of  each  and  every  month,  all  fees  and  commissions  heretofore 
retained  by  them  together  with  a  statement  of  sources  from  whence 
received.      [Amendment  approved  May  28,  1917;  Stats.  1917,  p.  1144.] 

§  4236.  Counties  of  seventh,  class,  salaries  of  ofa.cers.  In  counties  of 
the  seventh  class  the  county  and  township  officers  shall  receive  as  full 
compensation  for  the  services  required  of  them  by  law,  or  by  virtue  of 
their  office  the  following  salaries: 

1.  County  clerk.  The  county  clerk,  three  thousand  six  hundred  dollars 
per  annum;  provided,  that  in  counties  of  this  class  there  shall  be  and 
there  hereby  is  allowed  to  the  county  clerk  one  ehief  deputy  who  shall 
receive  a  salary  of  one  thousand  eight  hundred  dollars  per  annum;  one 
registration  clerk  who  shall  receive  a  salary  of  one  thousand  six  hundred 
eighty  dollars  per  annum;  four  court  clerks  who  shall  receive  salaries  of 
one  thousand  five  hundred  dollars  each  per  annum;  one  deputy  who  shall  re- 
ceive a  salary  of  one  thousand  three  hundred  fifty  dollars  per  annum; 
one  index  clerk  who  shall  receive  a  salary  of  one  thousand  two  hundred 
dollars  per  annum;  one  stenographer  who  shall  receive  a  salary  of  one 
thousand  twenty  dollars  per  annum;  two  copyists  who  shall  receive  sal- 
aries of  one  thousand  twenty  dollars  each  per  annum;  and  a  deputy  or 
deputies,  not  to  exceed  five,  for  the  purpose  of  registering  electors,  to 
bo  paid  not  to  exceed  three  dollars  per  diem  each;  provided,  that  said 
deputies  so  employed  for  registering  electors  shall  not  be  employed  except 
during  a  year  when  a  general  election  is  to  be  held  throughout  the  state, 
and  then  only  between  the  first  day  of  May  and  the  fifteenth  day  of 
November  of  said  year,  and  not  more  than  one  deputy  for  each  precinct 
for  the  purpose  of  registering  electors  in  precincts  outside  of  the  corpo- 
rate limits  of  municipalities  containing  twenty-five  thousand  or  more 
iiihaVjitants  during  said  year  of  the  general  election,  who  shall  be  paid  ten 
rents  per  name  for  each  person  legally  registered  by  them,  the  salaries 
;wid  compensations  of  each  of  said  deputies  and  clerks  to  be  paid  out  of 

I  lie   county  treasury  in  equal  monthly  installments  in  the  same  manner 
:ind  at  (he  same  time  as  the  other  county  officials  are  paid. 

2.  Sheriff.  The  sheriff,  three  thousand  six  hundred  dollars  per  annum; 
provided,  tliat  in  counties  of  this  class  there  siiall  be  and  there  hereby 
is  allowed  to  the  sheriff  one  under-sheriff,  whose  salary  is  hereby  fixed 
lit  the  sum  of  one  tliousaiid  eight  hundred  dollars  per  annum,  and  the 
following  deputies  and  employees:  One  deputy  who  shall  be  head  jailer, 
!ind  who  shall  receive  the  salary  of  one  thousand  five  hundred  dollars 
per  annum;  one  deputy  who  shall  receive  a  salary  of  one  thousand  two 
liiiridred  dollars  per  annum;  one  deputy  who  shall  receive  a  salary  of  nine 
hiiiidreil  dollars  per  aiiiiniii;  two  service  deputies  who  shall  receive  a 
salary  of  one  thousainl  fi\c  Imiidrrd  dolhiis  (■a<-li  per  annum;  five  deputies 


371  POLITICAL   CODE,  §  4236 

who  shall  receive  salaries  of  one  thousand  two  hundred  dollars  each,  per 
annum;  one  stenographer  who  shall  receive  a  salary  of  nine  hundred 
ilollars  per  annum;  one  bookkeeper  who  shall  receive  a  salary  of  one 
thousand  two  hundred  dollars  per  annum;  six  deputies  who  shall  be  turn- 
keys at  the  jail,  whose  salaries  shall  be  one  thousand  twenty  dollars  each, 
per  annum,  but  no  more  turnkeys  are  to  be  employed  than  are  absolutely 
necessary  to  handle  the  requirements  of  the  jail;  and  three  deputies  who 
shall  be  known  as  county  deputies,  who  shall  receive  salaries  of  one 
thousand  two  hundred  dollars  each  per  annum.  In  counties  of  this  class 
there  shall  be  a  matron  of  the  county  jail,  to  be  appointed  by  the  sheriff, 
und  who,  under  the  direction  of  the  sheriff,  shall  have  charge  of  all  female 
prisoners  in  the  county  jail,  and  who  shall  receive  a  salary  of  nine  hun- 
dred dollars  per  annum,  to  be  paid  by  the  county  in  monthly  install- 
ments at  the  same  time,  in  the  same  manner,  and  out  of  the  same  fund 
as  is  the  salary  of  the  sheriff.  In  counties  of  this  class  the  sheriff  shall 
be  allowed  by  the  board  of  supervisors  his  actual  necessary  expenses  for 
pursuing  criminals,  or  for  transacting  of  criminal  business,  and  his  actual 
necessary  expenses  for  service  of  all  process  and  notices,  and  each  and 
all  such  expenses  shall  be  a  charge  against  the  county  and  allowed  by 
the  board  of  supervisors,  and  paid  as  other, county  charges  are  paid.  In 
counties  of  this  class  the  sheriff  shall  not  be  allowed  to  retain  for  his  own 
use  any  fees  or  mileage  for  the  service  of  any  process  issued  out  of  any 
court  of  this  county  but  such  fees  and  mileage  when  collected  shall  be 
paid  into  the  county  treasury. 

3.  Recorder.  The  recorder,  three  thousand  six  hundred  dollars  per  an- 
num; provided,  that  in  counties  of  this  class  there  shall  be  and  there  is 
hereby  allowed  the  recorder  the  following  deputies  and  copyists  who  shall 
be  appointed  by  the  recorder  of  said  county,  and  shall  be  paid  as  fol- 
lows: One  chief  deputy  who  shall  receive  one  thousand  eight  hundred 
dollars  per  annum;  one  index  deputy  who  shall  receive  a  salary  of  one 
thousand  three  hundred  fifty  dollars  per  annum;  one  assistant  index  clerk 
who  shall  receive  a  salary  of  one  thousand  two  hundred  dollars  per  an- 
num; one  chief  tiling  clerk  who  shall  act  as  deputy  registrar  who  shall 
receive  a  salary  of  one  thousand  five  hundred  dollars  per  annum;  one 
assistant  filing  clerk  who  shall  receive  a  salary  of  one  thousand  twenty 
dollars  per  annum;  one  compilation  clerk  who  shall  receive  a  salary  of 
one  thousand  twenty  dollars  per  annum;  and  as  many  copyists  as  may  be 
required,  who  shall  receive  as  compensation  the  sum  of  five  cents  per 
folio  for  recording  all  instruments  or  notices  except  maps  and  plats,  and 
for  copies  of  any  records,  five  cents  per  folio. 

4.  Auditor.  The  auditor,  three  thousand  six  hundred  dollars  per  an- 
num; })rovided,  that  there  is  hereby  allowed  to  the  auditor  the  following 
deputies:  One  chief  deputy  who  shall  receive  a  salary  of  one  thousand. 
nine  hundred  fifty  dollars  per  annum;  one  deputy  who  shall  receive  a 
salary  of  one  thousand  six  hundred  eighty  dollars  per  annum;  one  deputy 
who  shall  receive  a  salary  of  one  thousand  three  hundred  fifty  dollars 
per  annum;  one  deputy  who  shall  receive  a  salary  of  nine  hundred  dollars 
per  annum;  five  additional  deputies  at  a  salary  of  four  dollars  per  day 
each,  for  each  day  employed  for  a  period  not  to  exceed  one  hundred  fifty- 
six  days  in  any  one  year. 


§  4236  POLITICAL!   CODE.  372 

5.  Treasurer.  The  treasurer,  three  thousand  six  hundred  dollars  per 
annum;  provided,  that  in  counties  of  this  class  there  shall  be  and  there 
hereby  is  allowed  to  the  treasurer,  the  following  deputies,  who  shall  be 
appointed  by  the  treasurer  and  shall  receive  salaries  as  follows:  One 
deputy  who  shall  receive  a  salary  of  two  thousand  one  hundred  dollars 
per  annum.  The  salary  of  the  treasurer  hereinabove  provided  shall  be 
in  full  compensation  for  all  services  rendered,  and  the  fees  heretofore 
chargeable  and  collected  by  him  for  returning  to  the  state  the  collateral 
inheritance  tax  and  for  the  performance  of  his  official  duties  in  connec- 
tion therewith  shall  be  paid  into  the  county  treasury  and  be  the  property 
of  said  county;  and  said  treasurer  shall  receive  no  fees,  compensation  or 
commissions  of  any  kind  or  character  for  any  service  rendered  by  him  in 
connection  with  said  collateral  inheritance  tax.    . 

6.  Tax  collector.  The  tax  collector,  three  thousand  six  hundred  dollars 
per  annum  and  such  fees  as  are  allowed  by  law;  one  chief  deputy  who 
shall  receive  a  salary  of  two  thousand  one  hundred  dollars  per  annum; 
two  deputies  who  shall  receive  salaries  of  one  thousand  three  hundred 
fifty  dollars  each,  per  annum;  two  deputies  who  shall  receive  salaries  of 
one  thousand  two  hundred  dollars  each,  per  annum;  a  stenographer  who 
shall  receive  a  salary  of  one.  thousand  twenty  dollars  per  annum;  nine 
additional  clerks  at  a  salary  of  four  dollars  per  day  each,  for  each  day 
employed,  for  a  period  not  to  exceed  one  hundred  fifty-six  days  in  any 
one  year. 

7.  Assessor.  The  assessor,  three  thousand  six  hundred  dollars  per 
annum,  and  traveling  expenses  incurred  in  the  discharge  of  his  official 
duties,  not  exceeding  three  hundred  sixty  dollars  per  annum;  provided, 
that  in  counties  of  this  class  there  shall  be,  and  there  hereby  is  allowed 
to  the  assessor,  one  chief  deputy  who  shall  receive  a  salary  of  one  thou- 
sand eight  hundred  dollars  per  annum;  one  deputy  who  shall  receive  a 
salary  of  one  thousand  six  hundred  fifty  dollars  per  annum;  one  deputy 
who  shall  receive  a  salary  of  one  thousand  three  hundred  fifty  dollars 
per  annum;  two  deputies' for  a  period  not  exceeding  six  months  in  any 
one  year  at  salaries  of  one  hundred  dollars  per  month  each;  one  deputy 
for  a  period  not  exceeding  five  months  in  any  one  year  at  a  salary  of 
one  hundred  dollars  per  month;  four  deputies  for  a  period  not  exceeding 
four  months  in  any  one  year,  at  salaries  of  one  hundred  dollars  each  per 
month;  one  stenographer  who  shall  receive  a  salary  of  one  thousand 
twenty  dollars  per  annum;  six  deputies  for  a  period  not  exceeding  one 
hundred  four  days  each  fourth  year,  whose  per  diem  shall  be  four  dollars 
each  when  actually  employed.  It  is  further  provided,  that  in  counties  of 
this  class  the  assessor  shall  receive  no  commission  for  his  collection  of 
taxes  on  personal  property,  nor  shall  such  assessor  receive  any  compen- 
sation or  commission  for  the  collection  of  poll  taxes,  or  road  poll  taxes, 
nor  shall  the  assessor  receive  any  compensation  for  making  out  the 
military  roll  of  persons  returned  to  him  as  subject  to  military  duty  as 
I)rovided  by  section  one  thousand  nine  hundred  one  of  the  Political  Code; 
provided,  however,  that  fifteen  per  cent  of  all  moneys  collected  by  him 
for  i>oll  taxes  and  road  poll  taxes  shall  be  allowed  to  such  counties  on 
their  settlement  with  tiic  slate,  and  l)c  and  remain  the  property  of  such 
counties.     It  is  furtiier  ],rovid(ii,  that  in  coiiuties  of  this  class,  in  addition 


373  POLITICAL  CODE.  §  4236 

to  the  deputies  already  allowed,  there  shall  be  and  is  hereby  allowed  to 
ihe  assessor,  eighteen  deputies  who  shall  receive  salaries  of  four  fiollars 
per  day  each,  five  de{)uties  who  shall  receive  salaries  of  five  dollars  per 
day  each,  and  three  deputies  who  shall  receive  salaries  of  three  dollars 
per  day  each  for  a  period  not  exceeding  seventy-eight  days  in  any  one 
year. 

8.  District  attorney.  The  district  attorney,  four  thousand  dollars  per 
annum;  also  one  assistant  district  attorney,  who  shall  receive  a  salary  of 
three  thousand  dollars  per  annum;  two  deputy  district  attorneys  who 
shall  receive  salaries  of  two  thousand  four  hundred  dollars  each  per  an- 
num; one  deputy  district  attorney  who  shall  receive  a  salary  of  two 
thousand  dollars  per  annum;  one  deputy  district  attorney  who  shall  re- 
ceive a  salary  of  one  thousand  eight  hundred  dollars  per  annum,  and  two 
stenograiihers  who  shall  receive  salaries  of  one  thousand  two  hundred 
dollars  each,  per  annum.  It  is  further  provided,  that  in  counties  of  this 
class  the  district  attorney  be  and  is  hereby  allowed  a  detective  who  shall 
receive  a  salary  of  one  thousand  six  hundred  fifty  dollars  per  annum. 

9.  Superintendent  of  schools.  The  superintendent  of  public  schools,  two 
thousand  seven  hundred  fifty  dollars  per  annum;  provided,  that  in  coun- 
ties of  this  class  there  shall  be  and  there  is  hereby  allowed  the  superin- 
tendent of  public  schools  one  assistant  superintendent  who  shall  receive  a 
salary  of  one  thousand  five  hundred  dollars  per  annum  and  one  book- 
keeper who  shall  receive  a  salary  of  one  thousand  two  hundred  dollars  per 
annum.  In  counties  of  this  class  the  secretary  of  the  county  board  of 
education  shall  not  be  paid  or  allowed  to  receive  any  compensation  what- 
ever for  his  services  as  secretary  of  such  board,  or  for  any  services  ren- 
dered in  connection  therewith;  and  provided,  further,  that  in  counties  of 
this  class,  the  county  school  superintendent  shall  receive  his  actual  and 
necessary  traveling  expenses  for  visiting  and  examining  schools  and 
school  properties  of  the  county  and  in  performing  such  other  duties  as 
are  incident  to  the  full  discharge  of  the  requirements  of  the  office  of 
superintendent  of  schools,  the  claims  for  such  expenses  to  be  subject  to 
the  approval  of  the  board  of  supervisors. 

10.  Public  administrator.  The  public  administrator,  such  fees  as  are 
now  or  may  hereafter  be  allowed  by  law. 

11.  Coroner.  The  coroner,  one  thousand  five  hundred  dollars,  and  in 
addition  thereto  the  board  of  supervisors  shall  allow  the  coroner  his 
actual  traveling  expenses  in  the  performance  of  his  official  duties  within 
the  county-,  when  called  away  from  the  county  seat.  It  is  further  pro- 
vided, that  in  counties  of  this  class  there  shall  be  and  there  is  hereby 
allowed  the  coroner,  one  assistant  coroner,  who  shall  receive  a  salary 
of  one  thousand  two  hundred  dollars  per  annum,  who  shall  also  act  as 
autopsy  surgeon.  The  sheriff  shall  act  as  summoning  officer  for  the  cor- 
oner and  shall  serve  all  processes  requested  by  him. 

12.  Surveyor.  The  surveyor,  three  thousand  six  hundred  dollars  per 
annum,  also  one  office  deputy  who  shall  receive  a  salary  of  one  thousand 
eight  hundred  dollars  per  annum;  one  principal  field  deputy  who  shall 
receive  a  salary  of  one  thousand  eight  hundred  dollars  per  annum;  one 
assistant  field  deputy  in  the  assessor's  office  who  shall  receive  a  salary  of 


§  4236  POLITICAL   CODE.  374 

one  thousand  two  hundred  dollars  per  annum;  one  assistant  office  deputy 
who  shall  receive  a  salary  of  one  thousand  eighty  dollars  per  annum;  one 
draftsman  who  shall  receive  a  salary  of  nine  hundred  dollars  per  annum; 
two  deputies,  chiefs  of  parties,  who  shall  receive  salaries  of  one  thou- 
sand two  hundred  dollars  each  per  annum;  two  instrument  men  who  shall 
receive  salaries  of  nine  hundred  sixty  dollars  each  per  annum,  and  such 
other  assistants  as  may  be  necessary  for  field  work,  who  shall  receive 
a  compensation  of  three  dollars  per  diem  and  expenses  when  working 
in  the  field. 

13.  Classification  of  townships.  For  the  purpose  of  regulating  the 
compensation  of  the  justices  of  the  peace  and  constables,  townships  in 
counties  of  this  class  are  hereby  classified  as  follows:  Townships  having 
a-  population  of  thirty  thousand  or  more  shall  belong  to  and  be  known 
as  townships  of  the  first  class;  townships  having  a  population  of  twelve 
thousand  and  less  than  thirty  thousand  shall  belong  to  and  be  known 
as  townships  of  the  second  class;  townships  having  a  population  of  five 
thousand  and  less  than  twelve  thousand  shall  belong  to  and  be  known  as 
townships  of  the  third  class;  townships  having  a  population  of  one  thou- 
sand and  less  than  five  thousand  shall  belong  to  and  be  knovni  as  town- 
ships of  the  fourth  class;  townships  having  a  population  of  less  than  one 
thousand  shall  belong  to  and  be  known  as  townships  of  the  fifth  class. 

The  population  referred  to  in  classifying  townships  as  above  provided 
for  shall  be  the  population  found  and  determined  by  multiplying  the 
registered  vote  at  the  last  general  election  by  three,  and  such  population 
BO  determined  shall  be  and  become  the  official  population  of  such  town- 
ship for  the  purpose  of  this  act. 

14.  Justices  of  the  peace.  In  counties  of  this  class  justices  of  the 
peace  shall  receive  the  following  compensation,  and  all  such  salaries  shall 
be  paid  monthly  in  the  same  manner  as  the  salaries  of  county  officers  are 
paid,  viz: 

In  townships  of  the  first  class,  three  thousand  dollars  per  annum  each. 

In  townships  of  the  second  class,  one  thousand  two  hundred  dollars  per 
annum. 

In  townships  of  the  third  class,  six  hundred  dollars  per  annum. 

In  townships  of  the  fourth  class,  three  hundred  sixty  dollars  per  annum. 

In  townships  of  the  fifth  class,  one  hundred  twenty  dollars  per  annum. 

Such  salaries  shall  be  as  full  compensation  for  all  services  rendered 
by  them  in  both  civil  and  criminal  cases.  All  fees  chargeable  and  col- 
lectible by  justices  of  the  peace  in  civil  and  criminal  cases  for  service 
rendered  by  them  shall  be  paid  monthly  into  the  county  treasury. 

In  townships  of  the  first  class  the  board  of  supervisors  of  counties  of 
this  class  shall  furnish  the  justices  of  the  peace  suitable  courtrooms. 

In  townships  of  the  first  class,  in  counties  of  this  class,  there  shall  be 
two  justices  of  the  peace  and  the  said  offices  are  hereby  created.  In  all 
other  townships  in  counties  of  this  class  there  shall  be  one  justice  of  the 
peace. 

^').  Constables.  In  counties  of  this  Mass  constables  shall  receive  the 
following  compensation,  and  all  such  salaries  shall  be  paid  monthly  in 
the  same  manner  as  the  salaries  of  county  officers  arc  paid,  viz: 

In  townships  of  the  first  class  in  all  criminal  cases  in  lieu  of  fees  now 
n] lowed  bv  law  one  thousand  two  hundred  dollars  per  annum. 


375  POLITICAL   CODE.  §  4237 

111  townships  of  the  second  class  in  all  criminal  eases  in  lieu  of  fees 
now  allowed  by  law  six  hundred  dollars  per  annum. 

In  towusliips  of  the  third  class  in  all  criminal  cases  in  lieu  of  fees  now 
allowed  by  law  six  hundred  dollars  per  annum. 

In  townships  of  the  fourth  class  in  ^11  criminal  cases  in  lieu  of  fees 
now  allowed  by  law  three  hundred  sixty  dollars  per  annum. 

In  townships  of  the  fifth  class  in  all  criminal  cases  in  lieu  of  fees  now 
allowed  by  law  two  hundred- forty  dollars  per  annum. 

In  all  townships  in  counties  of  this  class  the  constables  shall  be  allowed 
in  addition  to  the  compensation  above  set  forth  all  fees  in  civil  cases  as 
are  now  or  may  hereafter  be  allowed  by  law,  and  actual  traveling  ex- 
penses only  in  lieu  of  mileage  for  taking  prisoners  to  the  county  jail. 

In  townships  of  the  first  class,  in  counties  of  this  class  the  board  of 
supervisors  shall  furnish  the  constables'  offices  and  with  necessary  and 
proper  furniture  for  each  of  said  constables. 

16.  Supervisors.  Each  member  of  the  board  of  supervisors,  one  thou- 
sand five  hundred  dollars  per  annum  and  fifteen  cents  per  mile  in  going 
from  his  residence  to  the  county  seat  at  each  meeting  of  the  board.  Also 
five  hundred  dollars  per  annum  each  and  not  more  than  fifteen  cents  per 
mile  actually  traveled  in  performing  services  as  road  commissioner  for 
actual  expenses  incurred  in  such  service;  provided,  that  said  supervisors 
shall  not  in  any  one  year  receive  more  than  one  thousand  dollars  each 
in  mileage  as  road  commissioner. 

17.  Jurors.  In  counties  of  this  class,  trial  jurors  in  all  criminal  cases 
tried  in  the  superior  court  and  grand  jurors  shall  receive  two  dollars 
fifty  cents  per  day  for  each  day's  attendance  while  engaged  in  the  per- 
formance of  the  duties  requiied  of  them  and  in  addition  thereto  shall  re- 
ceive for  each  mile  actually  traveled  in  going  only,  while  acting  as  such 
juror,  twenty-five  cents;  and  the  judge  of  said  court  shall  make  an  order 
directing  the  auditor  to  draw  his  warrant  on  the  treasurer  in  favor  of  such 
juror  for  said  per  diem  and  mileage  and  the  treasurer  shall  pay  the  same. 

18.  Deputies,  clerks,  etc.  The  deputies,  clerks,  copyists  and  employees 
mentioned  in  this  section  are  hereby  allowed  to  the  respective  county 
officers  named,  who  shall  appoint  the  same,  and  said  deputies,  clerks, 
copyists  and  employees  shall  be  paid  by  the  counties  of  this  class  in 
monthly  installments,  at  the  same  time,  in  the  same  manner  and  out  of 
the  same  fund  as  the  salaries  of  the  county  officers  are  paid.  [Amend- 
ment approved  May  28,  1917;  Stats.  1917,  p.  1269.] 

§  4237.  Counties  of  eighth  class,  salaries  of  offi.cers.  In  counties  of 
the  eighth  class,  the  county  and  township  officers  shall  receive  as  compen- 
sation for  the  services  required  of  them  by  law,  or  by  virtue  of  their 
office,  the  following  salaries  and  shall  have  as  deputies  or  assistants  the 
respective  employees  hereinafter  named,  to  wit: 

1.  County  clerk.  The  county  clerk,  two  thousand  four  hundred  dollars 
per  annum,  and  there  shall  be  and  there  is  hereby  allowed  to  the  county 
elerk  in  addition,  one  chief  deputy,  to  be  appointed  by  the  county  clerk, 
who  shall  be  paid  a  salary  of  one  thousand  five  hundred  dollars  per  an- 
num, two  additional  deputies,  who  shall  be  paid  the  sum  of  one  thousand 


§  4237  POLITICAL   CODE.  376 

two  hundred  dollars  per  annum  each,  and  one  additional  deputy  who 
shall  be  paid  the  sum  of  nine  hundred  dollars  per  annum;  said  salaries 
to  be  paid  by  such  county  in  monthly  installments  at  the  time  and  in  the 
manner  and  out  of  the  same  fund  as  the  salaries  of  county  officers  are 
paid.  All  fees  which  are  now  or  may  hereafter  be  allowed  by  law  for 
all  services  performed  by  the  county  clerk  shall  by  him  be  paid  into  the 
county  treasury,  and  no  part  thereof  shall  be  retained  by  him  as  com- 
pensation. 

2.  Sheriflf.  The  sheriff,  two  thousand  four  hundred  dollars  per  annum, 
and  there  shall  be,  and  there  is  hereby  created  the  office  of  jailer;  such 
jailer  shall  be  appointed  by  the  sheriff  and  shall  be  paid  a  salary  of  one 
thousand  two  hundred  dollars  per  annum,  and  also  one  chief  deputy,  to 
be  designated  under-sheriff,  to  be  appointed  by  the  sheriff,  who  shall  be 
paid  a  salary  of  one  thousand  five  hundred  dollars  per  annym,  and  also 
three  deputies  to  be  appointed  by  the  sheriff  who  shall  be  paid  a  salary 
of  one  thousand  two  hundred  dollars  per  annum  each;  also  one  deputy, 
who  shall  be  paid  a  salary  of  eight  hundred  dollars  per  annum;  there  is 
also  hereby  created  the  office  of  jail  matron;  such  matron  shall  be  ap- 
pointed by  the  sheriff  and  shall  be  paid  a  salary  of  four  hundred  eighty 
dollars  per  annum;  said  salaries  to  be  paid  by  such  county  in  monthly 
installments,  at  the  time  and  in  the  manner  and  out  of  the  same  fund 
as  the  salary  of  county  officers  are  paid;  provided,  further,  that  there 
shall  be  allowed  the  said  sheriff  and  his  deputies  their  actual  traveling 
expenses  incurred  in  attending  to  the  duties  of  the  office,  both  civil  and 
L-riminal,  including  their  necessary  expenses  incurred  in  purs^iing  crim- 
inals or  transacting  any  criminal  business.  All  fees,  commissions  and 
mileage  which  are  now  or  may  hereafter  be  allowed  by  law  to  the  sheriff 
sliall  by  him  be  paid  into  the  county  treasury  and  no  part  thereof  shall 
be  retained  by  him  as  compensation. 

3.  Recorder.  The  recorder,  two  thousand  four  hundred  dollars  per  an- 
num, in  addition  thereto  there  is  hereby  allowed  to  the  county  recorder, 
one  deputy  to  be  appointed  by  the  county  recorder  who  shall  be  paid  a 
salary  of  one  thousand  two  hundred  dollars  per  annum,  and  said  recorder 
is  hereby  allowed  one  deputy,  to  be  appointed  by  said  county  recorder, 
who  shall  receive  a  salary  of  nine  hundred  dollars  per  annum;  said  sal- 
aries to  be  paid  by  such  county  in  monthly  installments,  at  the  time  and 
in  the  manner,  and  out  of  the  same  fund  as  the  salary  of  county  officers 
are  paid;  provided,  further,  that  in  counties  of  this  class  the  recorder 
shall  be  entitled  to  the  actual  costs  necessarily  incurred  by  him  for  the 
recording  of  all  papers,  documents  and  records  in  his  office,  not  to  exceed 
five  cents  per  folio,  and  not  to  exceed  three  and  one-half  cents  per  folio 
for  typewriting  done  in  the  recording  of  each  paper  or  document  so  re- 
corded; provided,  further,  that  said  recorder  shall  file  monthly  with  the 
county  auditor  a  statement  under  oath  showing  in  detail  the  names  of 
Iho  [(orsons  employed  by  him  as  copyists,  the  number  of  folios  copied  and 
the  amount  paid  to  each  of  such  persons  for  services  rendered  as  copy- 
ists. All  fees  which  are  or  may  hereafter  be  allowed  by  law  to  the 
county  dccorder  shall  by  him  be  paid  into  the  county  treasury  and  no 
|.art  thereof  shall  be  retained  as  compensation. 


377  POLITICAL   CODE.  '  §  4237 

4.  Auditor.  The  auditor,  two  thousand  four  hundred  dollars  per  an- 
num, and  in  addition  thereto  there  is  hereby  allowed  to  the  county  audi- 
tor one  chief  deputj'  to  be  appointed  by  the  auditor  who  shall  be  paid 
a  salary  of  one  thousand  two  hundred  dollars  per  annum,  and  there  shall 
be,  and  there  is  allowed  to  the  auditor  in  addition,  four  deputies  to  be 
appointed  by  the  auditor  who  shall  be  paid  a  salary  of  one  thousand  two 
hundi'ed  dollars  per  annum  each,  said  salaries  to  be  paid  by  such  county 
in  monthly  installments  at  the  time  and  in  the  manner  and  out  of  the 
same  fund  as  the  county  officers  are  paid.  All  fees  which  are  or  may 
liereafter  be  allowed  by  law  to  tlie  county  auditor  shall  by  him  be  paid 
into  the  county  treasury,  and  no  part  thereof  shall  be  retained  as  com- 
pensation. 

5.  Treasurer.  The  treasurer,  two  thousand  four  hundred  dollars  per 
annum,  in  addition  thereto  there  is  hereby  allowed  to  the  treasurer  one 
deputy,  to  be  appointed  by  the  county  treasurer,  who  shall  receive  a 
salary  of  one  thousand  two  hundred  dollars  per  annum.  Said  salaries 
shall  be  paid  by  such  county  in  monthly  installments  and  at  the  time 
and  in  the  manner  and  out  of  the  same  fund  as  the  salary  of  the  county 
officers  are  paid.  All  fees  which  are  or  may  hereafter  be  allowed  by 
law  to  the  treasurer  shall  be  paid  by  him  into  the  county  treasury  and 
no  part  thereof  shall  be  retained  as  compensation. 

6.  Tax  collector.  The  tax  collector,  two  thousand  four  hundred  dollars 
per  annum,  and  there  shall  be  and  there  is  allowed  to  the  tax  collector 
one  deputy,  to  be  appointed  by  the  tax  collector,  who  shall  be  paid  a 
salary  of  one  thousand  two  hundred  dollars  per  annum;  and  there  is 
hereby  allowed  to  the  tax  collector  such  additional  assistants  as  the  tax 
collector  may  require;  such  additional  assistants  shall  be  paid  a  salary 
of  four  dollars  per  day,  each;  provided,  however,  that  the  compensation 
of  such  additional  assistants  shall  not  exceed  in  the  aggregate  the  sum 
of  two  thousand  dollars  per  annum.  Said  salaries  shall  be  paid  by  such 
county  in  monthly  installments  at  the  time  and  in  the  manner  and  out 
of  the  same  fund  as  the  salary  of  county  officers  are  paid.  All  fees  which 
are  or  may  hereafter  be  allowed  by  law  to  the  tax  collector  shall  by  him 
be  paid  into  the  county  treasury  and  no  part  thereof  shall  be  retained  as 
compensation. 

7.  Assessor.  The  assessor,  two  thousand  four  hundred  dollars  per 
annum,  and  there  shall  be  and  there  is  hereby  allowed  to  the  assessor  in 
addition  one  chief  deputy  to  be  appointed  by  the  assessor  and  who  shall 
be  paid  a  salary  of  one  thousand  five  hundred  dollars  per  annum,  and 
one  deputy,  who  shall  be  paid  a  salary  of  eight  hundred  forty  dollar? 
per  annum,  and  there  is  hereby  allowed  to  the  assessor,  in  addition 
thereto,  two  office  clerks  at  a  salary  of  seven  hundred  eighty  dollars  per 
annum,  each,  and  there  shall  be  and  there  is  hereby  allowed  to  the  asses- 
sor seventeen  other  deputies  for  such  time  as  may  be  necessary  between 
the  first  Monday  in  March  and  the  first  Monday  in  July  of  each  year; 
each  of  said  seventeen  deputies  shall  be  paid  the  sum  of  four  dollars  per 
day  for  the  time  actually  employed  by  them  in  making  assessments;  said 
salaries  to  be  paid  by  such  county  in  monthly  installments  at  the  time 
and  in  the  manner  and  out  of  the  same  fund  as  the  salaries  of  county 


§  4237  poLiTiCAi.  CODE.  378 

officers  are  paid;  provided,  further,  that  there  shall  be  and  there  is  hereby 
allowed  said  assessor  and  his  deputies  their  actual  traveling  expenses 
necessarily  incurred  in  attending  to  the  duties  of  the  office.  All  fees 
and  percentages  which  are  or  may  hereafter  be  allowed  by  law  to  the 
assessor  shall  be  paid  by  him  into  the  county  treasury  and  no  part 
thereof  shall  be  retained  as  compensation. 

8.  District  attorney.  The  district  attorney,,  two  thousand  seven  hun- 
dred dollars  per  annum,  and  there  shall  be,  and  there  is  allowed  to  the 
district  attorney  in  addition,  one  chief  deputy,  to  be  appointed  by  the 
district  attorney,  who  shall  be  paid  a  salary  of  one  thousand  eight  hun- 
dred dollars  per  annum;  and  there  is  hereby  allowed  to  the  district  attor- 
ney, in  addition  thereto,  one  chief  trial  deputy  to  be  appointed  by  the 
district  attorney,  who  shall  be  paid  a  salary  of  one  thousand  eight  hun- 
dred dollars  per  annum,  and  one  additional  deputy,  to  be  appointed  by 
the  district  attorney,  who  shall  be  paid  a  salary  of  one  thousand  two 
hundred  dollars  per  annum,  each  of  whom  shall  be  an  attorney  at  law  reg- 
ularly admitted  to  practice  before  the  supreme  court  of  California,  and 
there  is  hereby  allowed  to  the  district  attorney  one  office  stenographer 
to  be  appointed  by  the  district  attornej'',  w'ho  shall  receive  a  salary  of 
seven  hundred  eighty  dollars  per  annum,  and  there  is  hereby  allowed  to 
the  district  attorney  one  special  officer,  who  may  be  a  deputy  sheriff; 
such  special  officer  shall  be  appointed  by  the  district  attorney,  and  shall 
be  paid  a  salary  of  one  thousand  two  hundred  dollars  per  annum;  said 
salaries  to  be  paid  by  such  county  in  monthly  installments  at  the  time 
and  in  the  manner  and  out  of  the  same  fund  as  the  salary  of  the  county 
officers  are  paid.  All  fees  which  are  or  may  hereafter  be  allowed  by 
law  to  the  district  attorney  shall  be  by  him  paid  into  the  county  treasury 
and  no  part  thereof  shall  be  retained  as  compensation. 

9.  Coroner.  The  coroner,  two  thousand  four  hundred  dollars  per  an- 
num, which  salary  shall  be  paid  by  such  county  in  monthly  installments 
at  the  time  and  in  the  manner  and  out  of  the  same  fund  as  the  salary  of 
county  officers  are  paid.  All  fees  which  are  or  may  hereafter  be  allowed 
by  law  to  the  coroner  shall  by  him  be  paid  into  the  county  treasury  and 
no  ])art  thereof  shall  be  retained  by  him  as  compensation. 

10.  Public  administrator.  The  public  administrator,  one  dollar  per 
annum,  which  salary  shall  be  paid  by  such  county  in  monthly  installments 
at  the  time  and  in  the  manner  and  out  of  the  same  fund  as  the  salary 
of  county  officers  are  paid.  All  fees  which  are  or  may  hereafter  be 
allowed  by  law  to  the  public  administrator  shall  by  him  be  paid  into  the 
county  treasury  and  no  ])nv\  tluM'cof  slinll  Itc  retained  by  liini  as  com- 
|)('iiHatioii. 

11.  Superintendent  of  schools.  The  superintendent  of  schools,  for  full 
services  including  attendance  on  the  county  board  of  education,  two  thou- 
sand four  hundred  dollars  per  annum,  and  all  actual  traveling  expenses 
necessarily  incurred  in  the  performance  of  his  duties,  and  there  is  allowed 
to  the  superiiilend(!nt  of  schools  in  addition,  one  deputy,  to  be  appointed 
by  the  superintendent  of  schools,  who  shall  be  paid  a  salary  of  one  thou- 
sand two  hundred  dollars  per  annum.  Said  salaries  shall  be  paid  by  such 
county  iu  monthly  installments  at  the  time  and  in  tiie  manner  and  out  of 


379  POLITICAL   CODE,  §  4237 

the  same  fund  as  the  salaries  of  county  officers  are  paid.  The  office  of 
superintendent  of  schools  shall  be  kept  open  upon  all  business  days  from 
nine  o'clock  A.  M.  until  five  P.  M. 

12.  Board  of  education.  Each  member  of  the  board  of  education  shall 
receive  five  dollars  per  day  as  compensation  for  his  services  when  in 
actual  attendance  on  said  board,  and  actual  traveling  expenses  incurred 
in  traveling  to  and  from  his  home  and  a  meeting  place  of  said  board. 
Said  compensation  of  the  members  of  said  board  shall  be  paid  out  of  the 
same  fund  as  the  salaries  of  county  officers  are  paid.  Claims  for  such 
services  and  mileage  shall  be  presented  to  the  board  of  supervisors  and 
allowed  by  them  in  the  same  manner  as  other  claims  against  the  county 
are  allowed.  The  compensation  of  the  county  board  of  education  herein 
provided  is  not  in  addition  to  that  provided  in  section  one  thousand 
seven  hundred  seventy  of  this  code. 

13.  Surveyor,  The  surveyor,  two  thousand  four  hundred  dollars  per 
annum,  and  in  addition  thereto  all  necessary  expenses  incurred  in  the 
field  in  performance  of  the  county  work,  to  be  paid  by  the  board  of 
supervisors,  and  there  shall  be  and  there  is  allowed  to  the  surveyor  in 
addition,  one  chief  deputy,  who  shall  be  a  competent  civil  engineer  to  be 
appointed  by  the  surveyor,  who  shall  be  paid  a  salary  of  one  thousand 
five  hundred  dollars  per  annum,  and  also  two  deputies,  who  shall  be  com- 
petent draftsmen,  to  be  appointed  by  the  surveyor,  who  shall  be  paid 
a  salary  of  one  thousand  three  hundred  fifty  dollars  per  annum,  each,  and 
also  one  assistant  draftsman,  which  office  of  assistant  draftsman  is 
hereby  created,  who  shall  be  paid  a  salary  of  nine  hundred  sixty  dollars 
per  annum,  and  also  one  clerk  who  shall  be  appointed  by  the  surveyor, 
which  office  of  clerk  is  hereby  created,  who  shall  be  paid  a  salary  of  nine 
hundred  dollars  per  annum.  Said  salaries  to  be  paid  in  monthly  install- 
ments at  the  same  time  and  in  the  same  manner  and  out  of  the  same  funds 
as  the  salary  of  county  officers  are  paid.  All  fees  and  compensation  re- 
ceived for  outside  surveying  shall  be  paid  into  the  county  treasury  and 
no  part  thereof  shall  be  retained  as  compensation. 

14.  Justices  of  the  peace.  Justices  of  the  peace,  the  following  monthly 
salaries  to  be  paid  each  month  as  salaries  of  other  county  officers  are 
paid,  which  shall  be  in  full  for  all  services  rendered  by  them  in  both 
criminal  and  civil  cases:  In  townships  having  a  population  of  eighteen 
thousand  and  over,  one  hundred  forty  dollars  per  month;  in  townships 
having  a  population  of  twelve  thousand  and  less  than  eighteen  thousand, 
one  hundred  ten  dollai'S  per  month;  in  townships  having  a  population  of 
six  thousand  and  less  than  twelve  thousand,  ninety  dollars  per  month; 
in  townships  having  a  population  of  two  thousand  four  hundred  and  less 
than  six  thousand,  seventy  dollars  per  month;  in  townships  having  a 
population  of  one  thousand  five  hundred  and  less  than  two  thousand 
four  hundred,  sixty  dollars  per  month;  in  townships  having  a  population 
of  eight  hundred  and  less  than  one  thousand  five  hundred,  fifty-five  dol- 
lars per  month;  in  townships  having  a  population  of  five  hundred  and 
less  than  eight  hundred,  thirty  dollars  per  month;  in  townships  having 
a  population  of  less  than  five  hundred,  ten  dollars  per  month.  And  the 
justices  of  the  peace  of  each  township  shall  charge  and  collect  the  fees 


§  4238  POLITICAL   CODE.  380 

which  are  now  or  may  hereafter  be  allowed  by  general  law,  in  civil  cases, 
and  pay  the  same  monthly  to  the  county  treasurer. 

15.  Constables.  Constables,  the  following  monthly  salaries,  to  be  paid 
each  month  as  the  salaries  of  county  ofJEicers  are  paid,  which  shall  be  in 
full  for  all  services  rendered  by  them  in  criminal  cases:  In  townships 
having  a  population  of  ten  thousand  and  more,  one  hundred  dollars  per 
month  J  in  townships  having  a  population  of  five  thousand  and  less  than 
ten  thousand,  eighty-five  dollars  per  month;  in  townships  having  a 
population  of  two  thousand  five  hundred  and  less  than  five  thousand, 
seventy-five  dollars  per  month;  in  townships  having  a  population  of  one 
thousand  five  hundred  and  less  than  two  thousand  five  hundred,  sixty 
dollars  per  month;  in  townships  having  a  population  of  eight  hundred 
and  less  than  one  thousand  five  hundred,  fifty  dollars  per  month;  in 
townships  having  a  population  of  five  hundred  and  less  than  eight  hun- 
dred, twenty  dollars  per  month;  in  townships  having  a  population  of 
less  than  five  hundred,  ten  dollars  per  month.  In  addition  to  the 
monthly  salary  allowed  herein,  each  constable  may  receive  and  retain 
for  his  own  use  such  fees  as  are  now  or  may  hereafter  be  allowed  by  law 
for  all  services  performed  by  him  in  civil  cases. 

16.  Supervisors.  The  supervisors,  the  sum  of  one  hundred  twenty-five 
dollars  per  month,  each,  as  supervisors  and  road  commissioners  and  actual 
traveling  expenses  not  to  exceed  five  hundred  dollars  for  each  supervisor 
in  any  one  year. 

17.  Jurors.  The  grand  jurors  and  jurors  in  the  superior  court  in  crim- 
inal cases  shall  be  paid  two  dollars  and  fifty  cents  per  day  for  each  day's 
attendance,  and  for  each  mile  actually  traveled  in  going  only,  while  acting 
as  such  jurors,  fifteen  cents,  and  the  judge  of  said  court  shall  make  an 
order  directing  the  auditor  to  draw  his  warrant  on  the  treasury  in  favor 
of  such  jurors  for  said  per  diem  and  mileage  and  the  treasurer  shall  pay 
the  same. 

18.  PopiUation  of  townships.  The  population  of  townships  shall,  for 
the  purposes  of  this  section,  be  determined  to  be  the  population  of  such 
townships  as  shown  by  the  federal  census  taken  in  the  year  Anno  Domini 
one  thousand  nine  hundred  ten,  or  by  a  subsequent  census  taken  as  in 
section  four  thousand  fifty-five  of  the  Political  Code,  provided;  and  in 
case  townships  are  formed  after  the  taking  of  the  census,  then  the  popu- 
lation shall  be  determined  by  multiplying  the  vote  for  governor  cast  in 
such  township,  at  the  last  preceding  election,  by  four.  [Amendment  ap- 
I-roved  May  28,  1917;  Stats.  1917,  p.  1113.] 

§  4238.  Counties  of  ninth  class,  salaries  of  offtcers.  In  counties  of  the 
ninth  clas.s,  the  county  :mhI  lownsliip  oflicers  shall  receive  as  compensa- 
tion for  the  services  rc(|iiiicd  of  them  l)y  law,  or  by  virtue  of  their  office, 
the  following  sularict^,  to  wit: 

1.  County  clerk.  The  (•(mnt.v  clerk,  tliree  thousand  six  liundred  dollars 
per  ;inniini. 

L'.  Sheriff.  The  sheriff,  four  thf)usand  five  hundred  dollars  per  annum. 
'I'lie  shfriLff  shall  also  be  allowed  his  actual,  reasonable  and  necessary  ex- 
penses in  all  civil  and  criminal  cases. 


381  POLITICAL   CODE.  §  4238 

,'?.  Recorder.  Tho  reconler,  two  thousand  seven  lumdred  fifty  dollars 
per  annum. 

4.  Auditor.  Tlie  auditui',  three  thousand  six  hundred  dollars  per 
annum. 

5.  Treasurer.  The  treasurer,  two  thousand  six  hundred  dollars  per 
annum.  ^ 

6.  Tax  collector.  The  tax  uolleotor,  one  thousand  nine  hundred  dollars 
per  annum.     The  tax  collector  shall  pay  all  his  own  traveling  expenses. 

7.  Assessor.  The  assessor,  four  thousand  dollars  per  annum.  The 
assessor  shall  also  receive  his  actual,  reasonable  and  necessary  expenses 
while  engaged  in  liis  olfieial  duties  in  the  field. 

8.  District  attorney.  The  district  attorney,  three  thousand  six  huniJred 
dollars  per  annum. 

9.  Coroner.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

10.  Public  administrator.  Tiie  public  administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law. 

11.  Superintendent  of  schools.  The  superintendent  of  schools,  three 
thousand  three  hundred  dollars  per  annum.  The  superintendent  of  schools 
shall  pay  all  his  own  traveling  expenses  when  visiting  the  schools  of  this 
county. 

12.  Surveyor.  The  surveyor,  two  thousand  four  hundred  dollars  per 
annum,  and  actual,  reasonable  and  necessary  expenses  when  engaged  in 
the  field  or  in  the  oflSce  in  the  discharge  of  his  ofiicial  duties  in  the 
county, 

13.  Justices  of  the  peace.  Justices  of  the  peace  shall  receive  the  fol- 
lowing salaries  for  all  services  rendered  by  them,  payable  in  the  same 
manner  as  county  officers  are  paid,  viz:  In  townships  having  a  popula- 
tion of  twenty  thousand  or  more,  two  hundred  fifty  dollars  per  month  j 
in  townships  having  a  population  of  not  less  than  five  thousand  nor  more 
than  twenty  thousand,  one  hundred  dollars  per  month;  in  townships  hav- 
ing a  population  of  not  less  than  three  thousand  nor  more  than  five 
thousand,  sixty  dollars  per  month;  in  townships  having  a  population  of 
not  less  than  two  thousand  nor  more  than  three  thousand,  forty-five  dol- 
lars per  month;  in  townships  having  a  population  of  not  less  than  one 
thousand  four  hundred  nor  more  than  two  thousand,  thirty-five  dollars 
per  month;  in  all  townships  having  a  population  of  less  than  one  thousand 
four  hundred,  twenty-five'  dollars  per  month;  provided,  that  for  the  pur- 
poses of  this  section  the  population  of  the  several  townships  shall  be 
ascertained  by  multiplying  the  number  of  registered  voters  at  the  last 
general  election  by  three  and  one-half.  The  compensation  herein  fixed 
for  justices  of  the  peace  shall  be  in  full  for  all  services  rendered,  and  all 
fees  collected  by  them  shall  be  paid  into  the  county  treasury  as  provided 
by  law;  provided,  that  justices  of  the  peace  now  holding  office  shall,  dur- 
ing their  present  term,  be  entitled  to  retain  for  their  own  use  all  civil 
fees.  In  townships  having  a  population  of  twenty  thousand  or  more,  the 
justice  of  the  peace  shall  be  allowed  a  clerk,  which  position  is  hereby 
created.     Such   clerk  shall  be   appointed  by  the  justice  of  the  peace  of 


§  4238  POLITICAL   CODE.  382 

said  township,  and  shall  hold  office  during  the  pleasure  of  said  justice 
of  the  peace.  Said  clerk  shall  give  a  bond  in  the  sum  of  five  thousand 
dollars,  with  at  least  two  sureties  to  be  approved  by  a  judge  of  the 
superior  court  of  the  county  in  which  said  township  is  situated,  condi- 
tioned for  the  faithful  discharge  of  the  duties  of  the  office;  and  he  shall 
receive  an  annual  salary  of  one  thousand  five  hundred  dollars.  The  jus- 
tice's clerk  shall  keep  a  record  of  the  proceedings  of  the  said  court,  and 
shall  issue  all  process  ordered  by  the  court,  and  shall  collect  and  receive 
all  fines  and  forfeitures  in  criminal  cases  and  pay  the  same  to  the  author- 
ities legally  entitled  to  receive  the  same,  at  the  time  and  in  the  manner 
provided  by  law.  He  shall  prepare  bonds,  justify  bail  when  the  amount 
has  been  fixed  by  the  court,  and  shall  have  authority  to  administer  and 
certify  oaths  and  take  and  certify  affidavits  in  any  action,  suit  or  pro- 
ceeding in  said  justice's  court.  The  clerk  shall  be  in  attendance  on  the 
court  in  the  courtroom  of  said  justice's  court  for  the  dispatch  of  official 
business,  daily.,  legal  holidays  excepted,  from  the  hour  of  nine  o'clock 
A.  M.  until  five  o'clock  P.  M.,  and  during  such  reasonable  times  there- 
after as  may  be  necessary  for  the  proper  performance  of  his  duty. 

14.  Constables.  Constables  shall  receive  the  following  salaries  for  all 
services  rendered  by  them  in  criminal  cases,  payable  monthly  in  the  same 
manner  as  county  officers  are  paid,  viz:  In  townships  having  a  population 
of  fourteen  thousand  or  more,  one  hundred  dollars  per  month;  in  town- 
ships having  a  population  of  not  less  than  five  thousand  and  not  more 
than  fourteen  thousand,  seventy-five  dollars  per  month;  in  townships 
having  a  population  of  not  less  than  three  thousand  nor  more  than  five 
thousand,  fifty  dollars  per  month;  in  townships  having  a  population  of 
not  less  than  two  thousand  nor  more  than  three  thousand,  forty-five  dol- 
lars per  month;  in  townships  having  a  population  of  not  less  than  one 
thousand  four  hundred  nor  more  than  two  thousand  thirty -five  dollars 
per  month.  In  all  townships  having  a  population  of  less  than  one  thou- 
sand four  hundred  twenty-five  dollars  per  month.  Constables  in  coun- 
ties of  this  class  shall  also  receive  for  their  own  use  and  benefit  such 
fees  as  are  now  or  may  be  hereafter  allowed  by  law  for  mileage  in  crim- 
inal cases  and  shall  also  receive  such  fees  as  are  now  or  may  hereafter 
be  allowed  by  law  in  civil  cases.  Such  mileage  in  criminal  cases  is 
intended  to  cover  the  ordinary  expenses  of  constables,  and  other  than 
such  mileage,  they  shall  be  allowed  the  following  expenses  and  no  other, 
to  wit:  In  criminal,  insane,  inebriate  and  drug  habitue  cases,  the  actual, 
reasonable  and  necessary  cost  of  transporting  prisoners  to  and  from  the 
county  jail;  of  supporting  such  prisoners  while  in  their  custody;  of  pur- 
suing criminals  when  a  felony  has  been  committed  within  their  township 
and  no  warrant  has  been  issued,  whether  an  arrest  is  made  or  not;  of 
transporting  inebriates,  drug  habitues  and  insane  persons  from  the  jus- 
tice's court  to  the  i)lace  of  detention  and  from  the  place  of  detention 
to  the  superior  court,  and  from  tlie  sujierior  court  to  the  insane  asylum, 
liiit  no  mileage  shall  be  allowcil  for  sm-li  transportation  to  the  ]ilaec  of 
ilctcntion,  to  the  siijx'rior  idiirt,  or  to  tlic  iiisaiie  asyliiin. 

I.l.  Supervisors.  I'lnch  incinhcr  of  the  lioiiril  of  supervisors,  twelve 
liiiiirlrcd  dollars  jx'r  aimnm,  ami  their  necessary  ex[)enses  wiien  attending 
lo  the  business  of  Die  county,  other  thun  the  meetings  of  the  board;  and 


383  POLITICAL   CODE.  §  4238 

fifteen  cents  a  mile  in  traveling  to  and  from  his  residence  to  the  county 
seat;  provided,  that  no  more  than  one  mileage  at  any  one  term  of  the 
board  shall  be  allbwed.  Each  member  of  said  board  may  be  allowed  his 
actual  expenses  in  attending  the  annual  state  convention  of  members  of 
county  boards  of  supervisors;  provided,  that  the  total  expense  of  all 
members  attending  such  convention  shall  not  exceed  fifty  dollars  in  any 
one  year. 

16.  Bonds.  The  bonds  of  the  clerk,  s^herift',  recorder,  auditor,  treas-, 
nrer,  tax  collector,  assessor,  district  attorney,  coroner,  public  adminis- 
trator, superintendent  of  schools  and  surveyor,  shall  be  executed  with  a 
reliable  bond  and  security  company  and  the  cost  of  said  bond,  when  duly 
approved,  shall  be  a  charge  against  the  county,  and  payable  out  of  the 
general  fund. 

17.  Deputies,  etc.  The  county  clerk  shall  have  one  chief  deputy,  at  a 
salary  of  two  thousand  one  hundred  dollars  per  annum;  three  court-room 
deputies  at  a  salary  of  one  thousand  five  hundred  dollars  per  annum  each; 
three  office  deputies  at  a  salary  of  one  thousand  two  hundred  dollars  per 
annum  each;  one  judgment  clerk  at  a  salary  of  one  thousand  five  hundred 
dollars  per  annum;  one  deputy  who  shall  act  as  clerk  to  the  board  of 
supervisors  at  a  salary  of  one  thousand  five  hundred  dollars  per  annum; 
and  a  deputy  or  deputies  not  to  exceed  ten,  for  the  purpose  of  register- 
ing electors  or  other  emergencies,  who  shall  be  paid  not  to  exceed  three 
and  a  half  dollars  per  diem  each;  also  a  deputy  or  deputies,  to  register 
electors  outside  of  the  county  seat,  who  shall  receive  a  compensation  of 
eight  cents  for  each  elector  registered,  and  shall  receive  no  other  com- 
pensation or  expenses.  The  county  recorder,  one  first  assistant  at  a 
salary  of  one  thousand  eight  hundred  dollars  per  annum;  one  second 
assistant  at  a  salary  of  one  thousand  five  hundred  dollars  per  annum;  two 
comparing  or  indexing  clerks  at  a  salary  of  one  thousand  two  hundred 
dollars  per  annum  each;  two  copyists  at  a  salary  of  one  thousand  two 
hundred  dollars  per  annum  each;  the  recorder  may,  with  the  consent  of 
the  board  of  supervisors,  hire  necessary  assistance  in  cases  of  emergency 
at  a  salary  not  to  exceed  three  dollars  and  fifty  cents  per  diem  each,  nor 
shall  the  aggregate  salaries  for  such  work  exceed  two  thousand  four  hun- 
dred dollars  in  any  one  calendar  year.  The  treasurer,  one  chief  deputy 
at  a  salary  of  two  thousand  four  hundred  dollars  per  annum,  and  one 
deputy  at  a  salary  of  one  thousand  eight  hundred  dollars  per  annum;  and 
one  deputy  at  a  salary  of  one  thousand  five  hundred  dollars  per  annum, 
and  an  emergency  deputy  or  deputies,  which  position  is  hereby  created 
at  a  salary  of  four  dollars  per  diem;  which  said  emergency  deputy  or 
deputies  shall  not  receive  more  than  one  thousand  eight  hundred  dollars 
in  any  one  calendar  year.  The  county  auditor,  one  chief  deputy  at  a 
salary  of  one  thousand  eight  hundred  dollars  per  annum,  one  deputy  at 
a  salary  of  one  thousand  five  hundred  dollars  per  annum;  the  auditor 
may,  with  the  consent  of  the  board  of  supervisors,  hire  necessary  assist- 
ants for  the  purpose  of  extending  taxes,  and  in  cases  of  emergency  at 
a  salary  not  to  exceed  three  and  a  half  dollars  per  diem  each,  nor  shall 
the  aggregate  salaries  for  such  emergency  work  exceed  six  hundred  dol- 
lars in  any  one  calendar  year.  The  district  attorney,  an  assistant  district 
attorney,. at  a  salary  of  two  thousand  seven  hundred  dollars  per  annum; 


§  4238  P0LiTiCAr>  code,  384 

and  two  deputies,  at  a  salary  of  one  thousand  eight  hundred  dollars  per 
annum  each;  and  one  stenographer  at  a  salary  of  two  thousand  one  hun- 
dred  dollars  per  annum;  the  superintendent  of  schools,  one  deputy  at  a 
salary  of  one  thousand  two  hundred  dollars  per  annum.  The  sheriff,  an 
under-sheriff,  who  shall  receive  a  salary  of  two  thousand  one  hundred 
dollars  per  annum;  a  clerk  who  shall  receive  a  salary  of  one  thousand  five 
hundred  dollars  per  annum;  a  stenographer  and  clerk  who  shall  receive  a 
salary  of  one  thousand  two  hundred  dollars  per  annum;  three  deputy 
sheriffs,  who  shall  receive  a  salary  of  one  thousand  two  hundred  dollars 
per  annum  each;  three  bailiffs  or  courtroom  deputies,  who  shall  receive 
a  salary  of  one  thousand  two  hundred  dollars  per  annum  each;  and  one 
motor  boat  deputy,  which  office  is  hereby  created,  who  shall  receive  a 
salary  of  one  hundred  dollars  per  month;  two  speed  cop  deputies,  which 
office  is  hereby  created,  who  shall  furnish  and  maintain  at  their  own 
expense  the  motorcycle  for  their  use,  and  whose  salary  and  expense  for 
the  purpose  herein  named  shall  be  one  hundred  thirty-five  dollars  per 
month;  two  jailers  who  shall  receive  a  salary  of  one  thousand  two  hun- 
dred dollars  per  annum  each;  one  deputy  sheriff  for  emergencies  and  as 
a  guard  for  the  working  prisoners,  who  shall  receive  a  salary  of  one 
thousand  two  hundred  dollars  per  annum;  and  a  deputy  sheriff  for  the 
purpose  of  serving  papers  and  other  emergencies  who  shall  be  paid  not 
to  exceed  three  and  a  half  dollars  per  diem.  The  county  surveyor,  one 
chief  deputy,  which  position  is  hereby  created,  who  shall  be  paid  a  sal- 
ary of  one  thousand  eight  hundred  dollars  per  annum.  The  coroner,  one 
deputy,  which  position  is  hereby  created,  who  shall  be  paid  by  the  coroner 
out  of  his  fees.  The  county  assessor  shall  have  one  chief  deputy  at  a 
salary  of  two  thousand  one  hundred  dollars  per  annum;  one  draftsman 
at  a  salary  of  one  thousand  eight  hundred  dollars  per  annum;  one  sten- 
ographer and  copyist  at  a  salary  of  nine  hundred  dollars  per  annum;  one 
office  deputy  to  serve  not  to  exceed  two  hundred  four  days  in  each  year 
at  a  salary  of  four  dollars  per  diem;  one  platter  to  serve  not  to  exceed 
one  hundred  four  days  in  each  year  at  a  salary  of  four  dollars  per  diem; 
two  office  deputies  for  preparing  assessment-rolls  to  serve  not  to  exceed 
one  hundred  days  each  in  any  one  year  at  a  salary  of  four  dollars  per  diem 
each;  one  office  deputy  for  preparing  assessment-rolls  to  serve  not  to 
exceed  one  hundred  four  days  in  any  one  year  at.  a  salary  of  four  dollars 
per  diem;  one  copyist  to  serve  not  to  exceed  forty-three  days  in  any  one 
year  at  a  salary  of  four  dollars  per  diem;  fifteen  field  deputies  to  serve 
not  to  exceed  eighty  days  each  in  any  one  year  at  a  salary  of  four  dollars 
jier  diem  each;  one  office  deputy  for  preparing  assessment-rolls  to  serve 
not  to  exceed  one  hundred  four  days  in  any  one  year  at  a  salary  of  four 
dollars  per  diem;  one  copyist  to  serve  not  to  exceed  forty-three  days 
in  any  one  year  at  a  salary  of  four  dollars  per  diem;  fifteen  field  deputies 
to  serve  not  to  exceed  eighty  days  each  in  any  one  year  at  a  salary  of 
four  dollars  per  diem  each;  and 'an  emergency  deputy  or  deputies,  which 
position  is  hereby  created  at  a  salary  of  four  dollars  per  diem,  which  Said 
emergency  deputy  or  deputies  shall  not  receive  more  than  four  hundred 
dollars  in  any  one  calendar  year;  all  the  deputies,  assistants,  emergency 
help  and  clerks  herein  mentioned  shall  be  paid  at  the  time  and  in  the  same 
manner  that  the  prijicipals  are  pai<l.  and  they  shall  be  paid  from  the 
salary  fund. 


385  POLITICAL   CODE.  §  4239 

18.  Salaries  full  compensation.     Fees,  etc.,  paid  into  county  treasury. 

The  salaries,  foes,  mileage  and  commissions  herein  provided  shall  be  in 
full  for  all  official  services  performed.  No  county,  district  or  township 
officer  shall  receive  from  the  county  any  salary,  compensation,  fees,  com- 
mission or  mileage,  except  as  in  this  section  provided.  All  compensation, 
commissions,  fees  and  mileage  now  or  hereafter  provided  by  law  to  be 
jiaid  to  any  county,  district  or  township  officer  for  any  official  service, 
except  as  in  this  sectioii  otherwise  provided,  shall  be  paid  into  the  county 
treasury  to  the  credit  of  the  general  fund,  unless  some  other  fund  is 
specially  designated  by  law.  All  compensations,  fees,  commissions  and 
mileage,  except  as  in  this  section  otherwise  provided,  received  by  any 
county,  district  or  township  officer,  either  as  such  officer,  or  as  the  agent 
of  the  state  of  California,  or  of  any  officer  thereof,  or  as  the  agent  of 
any  political  subdivision  of  the  state  of  California,  or  of  any  officer 
thereof,  shall  be  paid  into  the  county  treasury  to  the  credit  of  the  general 
fund,  unless  some  other  fund  is  specially  designated  by  law.  Until  such 
county,  district  or  township  officer  shall  pay  into  the  county  treasury 
all  compensation,  commissions,  fees  and  mileage  as  herein  required  to 
be  paid,  he  shall  receive  no  salary,  and  it  shall  be  the  duty  of  the  auditor 
to  refuse  to  deliver  to  him  thereafter  a  salary  warrant  and  it  shall  be 
the  duty  of  the  treasurer  to  refuse  to  pay  the  same. 

19.  Jurors.  For  attending  as  a  grand  juror  or  as  a  juror  in  the  supe- 
rior court,  for  each  day's  attendance  per  day  three  dollars  and  fifty  cents. 
For  each  mile  actually  traveled  in  attending  court  as  a  juror,  in  going 
only,  per  mile,  twenty-five  cents.  [Amendment  apj^roved  .May  29,  1917; 
Stats.  1917,  p.  1294.] 

§  4239.  Counties  of  tenth  class,  salaries  of  officers.  In  counties  of  the 
tenth  class  the  county  officers  shall  receive  as  compensation  for  the 
services  required  of  them  by  law  or  by  virtue  of  their  office,  the  follow- 
ing salaries,  to  w'it: 

1.  County  clerk.  The  county  clerk,  two  thousand  five  hundred  dollars 
per  annum  and  such  fees  as  are  allowed  by  law;  provided,  that  he  shall 
appoint  one  deputy  at  a  salary  of  one  thousand  five  hundred  dollars  per 
annum,  two  courtroom  deputies  at  a  salary  of  one  thousand  two  hundred 
dollars  per  annum  each,  two  office  deputies  at  one  thousand  two  hundred 
dollars  per  annum  each,  and  one  copyist  at  a  salary  of  nine  hundred  dol- 
lars per  annum,  whose  duty  it  shall  be  to  act  as  copyist  for  the  county 
clerk  as  such,  as  well  as  for  the  clerk  as  ex-officio  clerk  of  the  board  of 
supervisors,  and  do  copying  work  when  required  by  the  board  of  super- 
visors; and  deputy  clerks  not  to  exceed  three  in  number  for  the  purpose 
of  registering  electors  in  the  office  of  the  county  clerk,  to  be  paid  at  not 
to  exceed  seventy-five  dollars  per  month  each;  provided,  that  such  dep- 
uties so  employed  for  registering  electors  shall  not  be  employed  except 
during  a  year  when  a  general  election  is  held  throughout  the  state  and 
one  of  which  deputies  shall  be  employed  only  between  the  first  day  of 
January  and  the  fifteenth  day  of  November  of  such  year,  and  the  other 
two  of  which  deputies  may  be  employed  from  the  first  day  of  April  to 
and  including  the  fifteenth  day  of  November  of  said  year;  provided, 
however,  that  in  a  year  when  the  presidential  primary  is  held,  all  of  said 


§  4239  POLITICAL   CODE.  386 

deputies  shall  be  employed  from  the  first  day  of  January  to  the  fifteenth 
day  of  November,  in  said  year,  and  also,  for  any  such  year,  one  or  more 
deputies  for  the  i:)urpose  of  registering  electors  outside  of  the  county  seat, 
who  shall  receive  a  compensation  of  ten  cents  for  each  elector  legally 
registered  by  them,  and  shall  receive  no  other  compensation  or  expenses. 
Each  of  said  deputies  to  be  paid  at  the  same  time  and  in  the  same 
manner  as  county  officers  are  paid. 

2.  Sheriff.  The  sheriff",  two  thousand  dollars  per  annum;  provided,  ho 
shall  appoint  one  under-sheriff  at  a  salary  of  one  thousand  five  hundred 
dollars  per  annum  and  four  deputy  sheriffs  at  a  salary  of  one  thousand 
two  hundred  dollars  per  annum  each;  one  deputy  sheriff  at  a  salary  of 
nine  hundred  dollars  per  annum;  and  one  deputy  sheriff  to  be  paid  for 
only  between  June  first  and  October  first  each  year  (four  months),  at 
a  salary  of  seventy-five  dollars  per  month;  and  a  person  to  act  as  matron 
of  the  county  jail  at  a  salary  of  seventy-five  dollars  per  month.  Said 
under-sheriff  and  each  of  said  deputies  and  assistants  shall  be  paid  at  the 
same  time  and  in  the  same  manner  as  county  officers  are  paid.  The 
sheriff  shall  also  receive  such  fees  as  are  allowed  sheriffs  by  section  four 
thousand  three  hundred  b  of  the  Political  Code  of  the  state  of  California, 
except  that  for  traveling  in  the  service  of  any  paper  required  by  law  to 
be  served,  in  either  civil  or  criminal  process  or  proceeding  for  each  mile 
actually  and  necessarily  traveled,  one  way  only,  twenty  cents.  No  con- 
structive mileage  to  be  allowed. 

.  3.  Recorder.  The  recorder,  two  thousand  four  hundred  dollars  per 
annum;  provided,  that  the  recorder  shall  appoint  one  chief  deputy  at  a 
salary  of  one  thousand  five  hundred  dollars  per  annum,  one  copyist,  who 
may  also  perform  the  duties  of  a  deputy  at  a  salary  of  one  thousand 
dollars,  three  copyists  at  a  salary  of  nine  hundred  dollars  each  per  an- 
num, to  be  paid  at  the  same  time  and  in  the  same  manner  as  county 
officers  are  paid. 

4.  Auditor.  The  auditor,  two  thousand  four  hundred  dollars  per  an- 
num; provided,  that  the  expenses  incurred,  if  any,  in  making  extensions 
of  assessments  and  tax  rolls  shall  be  paid  out  of  said  sum  of  two  thousand 
four  hundred  dollars,  compensation  above  mentioned;  and  provided,  fur- 
ther, that  said  auditor  shall  appoint  one  deputy  at  a  salai-y  of  one  thou- 
sand dollars  per-  annum,  to  be  paid  at  the  same  time  and  in  the  same 
manner  as  county  officers  are  paid. 

.■J.  Treasurer,  The  treasurer,  two  thousand  dollars  per  annum,  and  such 
fees  as  are  now  or  may  hereafter  be  allowed  by  law;  provided,  that 
the  treasurer  shall  appoint  one  deputy  at  a  salary  of  nine  hundred  dollars 
per  annum,  to  be  paid  at  the  same  time  and  in  the  same  manner  as  county 
officers  are  paid. 

('>.  Tax  collector.  The  tax  collector,  three  thousand  dollars  per  annum; 
jirovided,  that  said  tax  collector  shall  appoint  one  revenue  and  taxation 
deputy  at  a  salary  of  one  thousand  three  hundred  fifty  dollars  per  annum; 
;ind  provided,  further,  that  he  shall  appoint  one  stenographer  to  be  paid 
only  between  July  first  and  January  first  of  each  year,  at  a  salary  of 
seventy-five  dollars  per  month,  and  both  last  named  shall  be  paid  at  the 
same  time  and  in  the  same  manner  as  county  officers  are  paid. 


387  POLITICAL   CODE.  §  4239 

7.  Assessor.  The  abscssor,  three  thousand  dollars  per  annum;  provided, 
ihat  the  assessor  shall  appoint  one  revenue  and  taxation  deputy  at  a 
salary  of  one  thousand  five  hundred  dollars  per  annum,  one  chief  deputy 
at  a  salary  of  one  thousand  five  hundred  dollars  per  annum  and  one  title 
transfer  deputy  at  a  salary  of  one  thousand  two  hundred  dollars  per 
annum,  one  draftsman  at  a  salary  of  one  thousand  two  hundred  dollars 
per  annum,  one  pro]3erty  ownership  deputy  at  a  salary  of  one  thousand 
I  wo  hundred  dollars  per  annum,  and  one  office  deputy  at  a  salary  of  one 
thousand  twenty  dollars  per  annum.  The  salaries  of  which  deputies  shall 
be  paid  in  the  same  manner  and  at  the  same  time  and  from  the  same 
funds  as  county  officers  are  paid.  The  assessor  may  also  appoint  as  many 
deputies  as  may  be  necessary  to  carry  on  his  work  at  an  expense  to  the 
county  not  to  exceed  four  thousand  dollars  during  any  one  fiscal  year. 
The  salaries  of  which  last  named  deputies  shall  be  paid  at  the  same  time 
alid  in  the  same  manner  and  from  the  same  f\md  as  the  assessor  is  paid. 
The  amount  of  each  of  w'hich  payments  shall  be  determined  by  the 
auditor  from  a  certificate  furnished  by  the  assessor  showing  the  person 
and  amount  to  which  payments  are  due  and  the  period  of  time  for  which 
compensation  is  made,  or,  the  salaries  of  said  deputies  may  be  paid  by 
claim  presented  to  the  board  of  supervisors  in  regular  form  and  approved 
by  the  assessor,  the  total  amount  of  which  claims,  however,  shall  not 
exceed  the  sum  of  four  thousand  dollars  above  mentioned,  for  an}'  one 
fiscal  year.  The  assessor  shall  also  receive  six  per  cent  of  the  personal 
property  tax  collected  by  him  and  the  amount  allowed  by  law  for  making 
out  the  military  roll. 

S.  District  attorney.  The  district  attorney,  three  thousand  dollar.^ 
per  annum;  provided,  that  he  shall  appoint  one  assistant  district  attor- 
ney at  a  salary  of  one  thousand  eight  hundred  dollars  per  annum,  and 
one  deputy  district  attorney  at  a  salary  of  one  thousand  two  hundred 
dollars  per  annum,  and  one  stenographer  at  a  salary  of  nine  hundred 
dollars  per  annum;  said  assistant,  deputy  and  stenographer  to  be  paid 
at  the  same  time  and  in  the  same  manner  as  county  officers  are  paid. 

9.  Coroner.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by   law. 

10.  Public  administrator.  The  public  administrator,  such  fees  as  are 
now  or  may  be'  hereafter  allowed  by  law. 

11.  Superintendent  of  schools.  The  superintendent  of  schools,  two 
thousand  dollars  per  annum,  and  actual  traveling  expenses  when  visiting 
the  schools  of  his  county;  provided,  said  .superintendent  of  schools  may 
appoint  an  assistant  superintendent  at  a  salary  of  one  thousand  five 
hundred  dollars  per  annum,  payable  at  the  same  time  and  in  the  same 
manner  as  county  officers  are   paid. 

12.  Surveyor.  The  surveyor,  one  thousand  eight  hundred  dollars  per 
annum  for  all  work  performed  for  the  county,  and  in  addition  thereto 
all  necessary  and  actual  traveling  expenses  incurred  in  connection  with 
field  work,  and  all  fees  allowed  bj'  law;  provided,  that  out  of  the  com 
pensation  hereinabove  provided  he  shall  pay  the  cost  of  platting,  trac- 
ing or  otherwise  preparing  maps,  plats  or  block-books  for  the  use  of 
the    county    assessor;    provided,    further,    that    all    property    ownership 


§  4239  POLITICAL   CODE.  388 

books,  data,  and  transcript  records  required  for  making  such  maps,  plats, 
or  block-books  shall  be  procured  at  the  expense  of  the  county  in  such 
manner  and  by  such  persons  as  the  board  of  supervisors  may  direct; 
and  provided,  further,  that  the  fees  for  land  surveys,  except  wheu 
done  for  the  county,  shall  be  ten  dollars  per  day,  or  fraction  thereof, 
and  in  addition  thereto  all  necessary  and  actual  traveling  expenses. 
And  it  shall  be  the  duty  of  the  county  surveyor  to  prepare  and  furnish 
all  necessary  plans  and  specifications  for  all  bridges  and  bridge  work, 
in  addition  to  his  other  duties,  without  extra  compensation.  He  shall 
appoint  a  deputy  at  a  salary  of  nine  hundred  dollars  per  annum,  pay- 
able at  the  same  time  and  in  the  same  manner  as  county  officers  arc 
paid;  provided,  however,  that  in  cases  of  emergency  additional  help 
may  be  furnished  the  county  surveyor  by  the  board  of  supervisors  at 
a  compe-nsation  to  be  fixed  by  the  board. 

13.  Justices  of  the  peace.  The  justices  of  the  peace,  the  followin;jC 
monthly  salaries,  to  be  paid  each  month  as  the  salaries  of  county  officers 
are  paid,  which  shall  be  in  full  for  all  services  rendered  by  them  in 
criminal  cases. 

In  townships  having  a  population  of  thirteen  thousand  or  more,  one 
hundred  fifty   dollars   per  month; 

In  townships  having  a  population  of  over  eight  thousand  and  less 
than  thirteen  thousand,  ninety  dollars  per  month; 

In  townships  having  a  population  of  four  thousand  and  less  than  eight 
thousand,  sixty  dollars  per  month; 

In  townships  having  a  population  of  two  thousand  five  hundred  and 
less  than  four  thousand,  forty  dollars  per  month; 

In  townships  having  a  population  of  one  thousand  five  hundred  and 
less  than  four  thousand,  thirty-five  dollars  per  month; 

In  townships  having  a  population  of  one  thousand  and  less  than  one 
thousand  five  hundred,  thirty  dollars  per  month; 

In  townsliips  having  a  population  of  nine  hundred  and  less  than  one 
thousand  five  hundred,  twenty  dollars  per  month; 

In  townships  having  a  population  of  less  than  nine  hundred,  fifteen 
dollars  per  month.  In  addition  to  the  monthly  salaries  herein  allowed, 
each  justice  of  the  peace  may  receive  and  retain  for  his  own  use  sucli 
fees  as  are  now  or  may  hereafter  be  allowed  by  law  for  all  services  ren- 
dered by  him  in  civil  actions.  Each  justice  of  the  peace  must  pay  into 
the  county  treasury  once  a  montli  all  fines  collected  by  him;  and  pro- 
vided, further,  that  for  the  purposes  of  this  subdivision  the  population 
of  the  several  townshi[)s  shall  l)e  ascertained  from  the  United  States 
census  reports  of   1910. 

14.  ConstaMes.  In  to\viislii|is  having  a  poi)ulatioii  of  thirteen  tliou- 
sand  or  more,  constables  siiali  receive  as  comi)easation,  in  lieu  of  all 
fees  in  criminal  cases,  tiic  sum  of  one  hundred  dollars  per  month;  in 
townships  hnviiig  a  population  of  eight  thousand  and  less  than  thir- 
teen tlious.'nul,  (he  smii  of  sixty  dollars  a  month;  in  townships  having 
a  ]»o[)ulation  oC  four  Ihousand  and  less  than  eight  thousand,  the  sum 
of  forty  dollars  ;i  nidiitli;  in  lovvnships  having  a  population  of  one 
llioii.sand  f'lvc.  hnndrcil  and  less  thnn  four  Ihousand,  fifteen  dollars  per 
month;  in  townships  having  a  popninfinn  of  one  thousand  and  less  than 
line   IhoiisatMJ    live   hundred,  len    doli;irs   jut  inonih;   in   townships   having 


389  POLITICAL   CODE.  §  4240 

a  population  of  less  than  one  thousand,  five  dollars  per  month;  provided, 
that  in  addition  to  the  fees  and  salaries  herein  allowed,  each  constable 
shall  receive  for  traveling  expenses  outside  of  his  own  township,  but 
within  his  own  county,  for  the  service  of  a  civil  or  criminal  process, 
the  sum  of  fifteen  cents  per  mile  for  each  mile  actually  and  necessarily 
traveled,  one  way  only,  no  constructive  mileage  to  be  allowed;  and 
jirovided,  further,  that  such  salaries  for  services  in  criminal  cases  shall 
be  paid  at  the  same  time  and  in  the  same  manner  as  the  salaries  of 
county  officers  are  paid;  and  provided,  further,  that  in  addition  to  the 
salaries  provided  for  herein,  constables  in  all  townships  shall  receive 
for  their  own  use  the  fees  which  are  now  or  may  hereafter  be  allowed 
by  law  in  civil  cases;  and  provided,  further,  that  for  the  purpose  of 
this  subdivision,  the  population  of  the  several  townships  shall  be  ascer- 
tained from  the  United  States  census  reports  of  191  ij. 

15.  Supervisors.  Each  member  of  the  board  of  supervisors  for  all 
services  required  of  them  by  law,  or  by  virtue  of  their  office,  except 
as  road  commissioners,  shall  be  allowed  one  thousand  dollars  per  annum 
as  a  salary,  and  fifteen  cents  per  mile  in  traveling  to  and  from  his 
place  of  residence  to  the  courthouse;  provided,  that  only  one  mileage 
must  be  allowed  at  each  term;  and  provided,  further,  that  said  salary 
and  mileage  shall  be  in  lieu  of  all  fees  otherwise  provided  by  law  for 
supervisors.  Each  supervisor  shall  receive  for  services  as  road  commis- 
sioner, thirty  cents  per  mile  one  way  for  all  distances  actually  traveled 
by  him  in  the  performance  of  his  duties;  provided,  that  he  shall  not 
in  any  one  year  receive  more  than  six  hundred  dollars  as  such  road 
commissioner;  provided,  that  no  member  of  the  board  of  supervisors 
or  other  county  officer,  shall,  except  for  his  own  services  or  expenses, 
present  or  verify  by  his  oath  attached  thereto,  any  claim,  account,  or 
demand   for  allowance   against   the   county. 

16.  Monthly  payments.  All  salaries  herein  not  otherwise  provided 
for  shall  be  paid  out  of  the  treasury  of  said  county  in  equal  monthly 
payments  on  the  last  day  of  each  month. 

17.  Jurors.  The  fees  for  jurors  in  counties  of  this  class  shall  be  as 
follows:  For  attending  as  a  grand  juror  or  juror  in  the  superior  court, 
for  each  day's  attendance,  while  serving  as  such  juror,  per  day,  three 
dollars;  for  each  day's  attendance  when  not  selected  to  serve  two  dol- 
lars. For  attending  justice's  court,  for  each  juror  sworn  to  try  th« 
cause,  per  day,  in  civil  cases,  only,  one  dollar  and  fifty  cents.  A  juror 
excused  at  his  own  request  shall  not  be  entitled  to  a  per  diem  fee.  For 
each  mile  actually  and  necessarily  traveled  in  attending  court  as  a 
juror,  except  in  criminal  cases  in  justice's  court,  for  which  no  allow- 
ance shall  be  made,  in  going  only,  per  mile,  fifteen  cents.  [Amendment 
approved  May  28,  1917;   Stats.  1917,  p.  1155.] 

§  4240.  Counties  of  eleventh  class,  salaries  of  officers.  In  counties 
of  the  eleventh  class  the  officers  shall  receive  as  compensation  for  the 
services  required  of  them  by  law,  or  by  virtue  of  their  office,  the  follow- 
ing salaries,   to  wit: 

1.  County  clerk.  The  county  clerk,  three  thousand  si.x  hundred  dol- 
lars per  annum,   and   twelve   and   one-half   cc}its  for   each  elector  regis- 


§  4240  POLITICAL    CODE.  390 

tered;  provided,  that  in  counties  of  this  class  there  shall  be,  and  thor<', 
is  hereby  allowed  to  the  county  clerk,  which  said  positions  are  hereby 
created,  the  following  deputies,  who  shall  be  appointed  by  the  eounty 
clerk  of  such  county,  and  shall  be  paid  salaries  as  follows:  Two  deputieK 
at  a  salary  of  one  thousand  eight  hundred  dollars  each  per  annum,  four 
deputies  at  a  salary  of  one  thousand  five  hundred  dollars  each  per 
annum,  two  deputies  at  a  salary  of  one  thousand  two  hundred  dollars- 
each  per  annum,  and  a  deputy  or  deputies  not  to  exceed  three  for  a 
period  of  employment  not  to  exceed  one  calendar  mouth  preceding  each 
county  election  to  be  paid  four  dollars  per  diem.  The  deputies  herein 
provided  for  shall  be  paid  by  such  county  at  the  same  time  and  in  the 
same  manner  and  out  of  the  same  fund  that  the  salary  of  the  county 
clerk  is  paid.  In  counties  of  this  class  the  county  clerk  shall  pay  into 
the  county  treasury  all  fees  received  by  him  in  his  official  capacity. 

2.  Sheriff.  The  sheriff,  four  thousand  eight  hundred  dollars  per  an- 
num. The  sheriff  shall  also  receive  for  his  own  use  the  fees  for  mile-" 
age  which  are  now,  or  which  may  hereafter  be  allowed  by  law,  and  the 
fees  and  commission  for  the  service  of  all  papers  whatsoever  issued  by 
any  court  of  this  state,  outside  of  this  county.  The  sheriff  shall  also 
receive  the  necessary  expenses  in  all  criminal  cases;  provided,  that  no 
constructive  mileage  shall  be  allowed.  In  counties  of  this  class  there 
shall  be,  and  there  is  hereby  allowed  to  the  sheriff,  which  said  positions 
are  hereby  created,  the  following  deputies  who  shall  be  appointed  by 
the  sheriff  of  such  county,  and  shall  be  paid  salaries  as  follows:  One 
deputy  at  a  salary  of  one  thousand  eight  hundred  dollars  per  annum, 
nine  deputies  at  a  salary  of  one  thousand  five  hundred  dollars  each 
per  annum,  and  one  deputy,  who  shall  be  a  woman,  at  a  salary  of  one 
thousand  two  hundred  dollars  per  annum.  The  deputies  herein  provided 
for  shall  be  paid  by  said  countj^  at  the  same  time  and  in  the  same 
manner  and  out  of  the  same  fund  that  the  salary  of  the  sheriff  is  paid. 
In  counties  of  this  class  the  sheriff  shall  make  no  charge  for  the  board- 
ing of  prisoners  over  and  above  the  actual  cost  of  materials. 

3.  Recorder.  The  recorder,  four  thousand  dollars  per  annum;  pro- 
vided that  in  counties  of  this  class  there  shall  be,  and  there  is  hereby 
allowed  to  the  recorder,  which  said  positions  are  hereby  created,  the 
following  de])uties  and  copyists,  who  shall  be  appointed  by  the  recorder 
of  sucji  county,  and  shall  be  paid  salaries  as  follows:  One  deputy  re- 
corder at  a  salary  of  one  thousand  five  hundred  dollars  x>er  annum,  one 
deputy  at  a  salary  of  one  thousand  dollars  per  annum,  three  copyists 
at  a  salar}'  of  nine  hundred  dollars  per  annum;  i>rovided,  that  said 
copyists  being  eligible,  may  be  also  appointed  deputy  recorders  without 
further  compensation.  The  recorder  may  also  employ  such  additional 
cojiyists,  not  to  exceed  two,  as  maj'  be  required  to  copj-  instrument.-' 
filed  for  record  within  a  reasonable  time  after  the  same  are  filed  for 
record,  and  which  the  other  copyists  herein  provided,  are  unable  to  co^w 
within  such  time.  The  compensation  of  such  additional  copyists  shall 
be  [>aid  out  of  the  general  fund  of  said  county  at  the  rate  of  seventy- 
five  dollars  a  month,  and  pro[)er  claims  therefor  shall  be  presented  to 
and  allowed  by  the  board  of  suj>ervisors.  The  deputies  and  copyists 
herein    providful    for,    other   than    additional    copyists,    shall    be    paid   I)y 


391  POLITICAL   CODE.  §  4240 

said  county  at  the  same  time  and  in  the  s;ime  manner  and  out  of  tlu- 
same  fund  that  the  salary  of  the  recorder  is  i)aid;  provided,  that  in 
counties  of  this  class  the  recorder  may  be  allowed  the  actual  necessary 
expenses  incurred  by  him  in  the  performance  of  his  official  duties  and 
shall  pay  into  the  county  treasury  all  fees  received  by  him  in  his  official 
capacity  from  whatsoever  source  they  may  be  derived. 

-!.  Auditor.  The  auditor,  four  thousand  dollars  per  annum;  provided, 
that  in  counties  of  this  class  there  shall  be,  and  there  is  hereby  allowed 
to  the  auditor,  which  said  positions  are  hereby  created,  the  following 
deputies  and  assistants  who  shall  be  appointed  by  the  auditor  of  such 
county,  and  shall  be  paid  salaries  as  follows:  Three  deputy  auditors 
at  a  salary  of  one  thousand  eight  hundred  dollars  each  per  annum,  one 
stenographer  at  a  salary  of  one  thousand  two  hundred  dollars  per  an- 
num; provided,  further,  that  the  auditor  may  appoint  ten  additiona' 
assistants,  for  a  period  of  employment  not  to  exceed  two  months  in 
each  year,  to  be  paid  four  dollars  each  per  diem.  The  deputies  and 
assistants  herein  provided  for  shall  be  paid  ))y  said  county  at  the  same 
time  and  in  the  same  manner  and  out  of  the  same  fund  as  the  salarx 
of  the  auditor  is  paid.  In  counties  of  this  class  the  auditor  shall  pay 
into  the  county  treasury  all  fees  received  by  him   in   his  official  cui)acitv. 

5.  Treasurer.  The  treasurer,  four  thousand  dollars  per  annum;  pro 
vided,  that  in  counties  of  this  class  there  shall  be,  and  there  is  hei'eb\ 
allowed  to  the  treasurer,  which  said  position  is  hereby  create<l,  one  dep- 
uty, who  shall  be  appointed  by  the  treasurer  of  such  county,  and  shall 
be  paid  a  salary  of  two  thousand  one  hundred  dollars  per  annum.  TIm' 
deputy  herein  provided  for  shall  be  paid  by  said  county  at  the  sanu- 
time  and  in  the  same  manner  and  out  of  the  same  fund  that  the  salary 
of  the  treasurer  is  paid.  In  counties  of  this  class  the  treasurer  sha'l 
pay  in  to  the  count}'  treasury  all  fees  received  by  him  in  his  official 
capacity. 

G.  Tax  and  license  collector.  The  tax  and  license  collector,  four  thou 
sand  dollars  per  annum;  provided,  that  in  counties  of  this  class  there 
shall  be,  and  there  is  hereby  allowed  to  the  tax  and  license  collector, 
which  said  i)ositions  are  hereby  created,  the  following  deputies  and 
assistants,  who  shall  be  ajijiointed  by  the  tax  and  license  collector  of 
said  county,  and  shall  be  paid  salaries  as  follows:  One  deputy  at  a 
salary  of  one  thousand  five  hundred  dollars  per  annum,  one  deputy  at 
a  salary  of  one  thousand  two  hundred  dollars  per  annum,  two  assistants 
for  a  period  of  employment  not  exceeding  eight  months  each  per 
year  to  be  paid  three  dollars  per  diem  each,  and  two  assistants  for  a 
period  of  employment  not  exceeding  five  months  each  per  year  to  b* 
paid  three  dollars  per  diem  each,  and  four  additional  copyists  for  a 
period  of  employment  not  exceeding  four  months  each  per  year  to  be 
paid  three  dollars  per  diem  each.  The  deputies  and  assistants  herein 
provided  for  shall  be  paid  by  said  county  at  the  same  time  and  in  th.' 
same  manner  and  out  of  the  same  fund  that  the  salary  of  the  tax  an  1 
license  collector  is  paid. 

7.  Assessor.  The  assessor,  five  thousand  dollars  per  annum.  In  coun- 
ties of  this  class  there  shall  be,  and  there  is  hereby  allowed  to  the 
assessor,  the   following  deputies  and  employees,  who   shall   be  ap]iointed 


§  4240  POLITICAL   CODE.  392 

by  the  assessor  aud  who  shall  be  paid  salaries  as  follows:  One  deputy 
assessor  who  shall  receive  a  salary  of  one  thousand  eight  hundred  dol- 
lars per  annum  J  one  deputy  assessor  who  shall  receive  a  salary  of  one 
thousand  five  hundred  dollars  per  annum;  four  deputies  who  shall  be 
employed  not  to  exceed  one  hundred  four  days  each  year  whose  per 
diem  shall  be  seven  dollars  each  when  actually  employed;  four  deputies 
who  shall  be  employed  not  to  exceed  one  hundred  four  days  in  each 
year  whose  per  diem  shall  be  six  dollars  each  when  actually  employed; 
four  deputies  who  shall  be  employed  not  to  exceed  one  hundred  four 
days  in  each  year  whose  per  diem  shall  be  five  dollars  each  when  actu- 
ally employed;  six  deputies  who  shall  be  employed  not  to  exceed  one 
hundred  four  days  in  each  _year  whose  per  diem  shall  be  four  dollars 
each  when  actually  employed;  such  additional  deputies,  whose  aggre- 
gate eomjjensation  shall  not  exceed  two  thousand  dollars  in  any  fiscal 
year,  as  may  be  necessary  to  carry  on  the  work  of  his  office;  two  copy- 
ists who  shall  be  employed  not  to  exceed  one  hundred  thirty  days  in 
each  year,  whose  per  diem  shall  be  two  and  one-half  dollars  each  when 
actually  employed;  and  one  stenographer  who  shall  be  employed  not 
to  exceed  four  months  in  each  year  whose  salary  shall  be  eighty  dollars 
per  month;  provided,  that  the  above  salaries  and  compensations  shall 
be  in  full  payment  for  all  services  rendered  by  him  as  such  assessor 
and  that  no  commission  for  the  collection  of  state  taxes  or  infirmary 
poll  taxes  or  road  taxes  or  personal  property  taxes  shall  be  retained 
by  him,  nor  shall  the  assessor  receive  any  compensation  for  making  out 
the  military  roll  of  persons  returned  to  him  as  subject  to  military  duty 
as  provided  by  section  one  thousand  nine  hundred  one  of  the  Political 
Code  of  the  state  of  California,  but  that  all  fees  and  commissions  shall 
be  paid  into  the  county  treasury.  The  deputies  herein  provided  for  shall 
be  paid  at  the  same  time  and  in  the  same  manner  and  out  of  the  same 
fund  as  the  salary  of  the  county  assessor  is  paid;  provided,  that  the 
assessor  shall  be  allowed  the  actual  and  necessary  expenses  incurred  by 
him  in  the  performance  of  his  official  duties. 

S.  District  attorney.  The  district  attorney,  four  thousand  dollars  per 
annum;  provided,  that  in  counties  of  this  class  there  shall  be,  and  there 
is  hereby  allowed  to  the  district  attorney,  w^hich  said  positions  are 
hereby  created,  the  following:  One  assistant  district  attorney  at  a 
salary  of  two  thousand  four  hundred  dollars  per  annum,  two  deputy 
district  attorneys  at  a  salary  of  two  thousand  one  hundred  dollars 
each  per  annum,  and  one  stenograjjher  at  a  salary  of  one  thousand 
two  hundred  dollars  per  annum.  The  assistant  deputies  and  stenog- 
rapher herein  provided  for  shall  be  appointed  by,  and  hold  onice  at  the 
pleasure  of,  the  district  attorney,  and  shall  be  paid  by  said  county  at 
the  same  time  and  in  the  same  manner  and  out  of  the  same  fund  that 
Ihe  salai-y  of  the  district  attorney  is  pai<l;  provided,  further,' that  no 
employee'  of  fhc  district  attorney's  office  sliiill  m  rcpt  any  otlier  coni- 
iK'iisatioii  by  rciison  of  services  iciiili-red  in  :niy  :i(tioii  or  proceeding 
wherein   fees  or  jxm'  diem   would   constitute  a    (di;irn(.  against   t  iu>  county. 

9.  Coroner  and  public  administrator.  The  coroner  and  public  admin- 
istrator    three    thousand    dollars    i)er    annum,    and    his    actual    necessary 


393  POLITICAL   CODE,  §  4240 

expeusea  in  travoliny  outside  of  the  couuty  seat,  lie  shall  hohl  in- 
quests as  prescribed  by  chapter  two,  title  twelve,  part  two  of  tlie  Penal 
Code,  except  that  ho  maj^  in  his  discretion  dispense  with  a  jnry.  The 
coroner  or  other  officer  holding  an  inquest  upon  the  body  of  a  deceased 
person  may  subpoena  a  physician  or  surgeon  to  inspect  the  body,  or  a 
chemist  to  make  analysis  of  the  contents  of  the  stomach  or  tissues  of 
the  body,  or  hold  a  post-moitem  examination  of  the  deceased,  and  give 
his  professional  opinion  as  to  the  cause  of  death.  The  coroner,  in  coun- 
ties of  this  class,  shall  be  and  is  hereby  allowed  one  deputy  at  a  salary 
of  one  hundred  dollars  per  month,  and  his  necessary  traveling  expenses 
in  traveling  outside  of  the  county  seat;  said  deputy  shall  have  the 
])Ower,  and  it  shall  be  his  duty,  w^hen  directed  by  the  coroner,  to  hold 
inquests,  and  all  power  conferred  by  law  upon  the  coronor  may  be 
exercised  by  said  deputy;  one  clerk,  which  office  is  hereby  created,  at 
a  salary  of  one  hundred  fifty  dollars  per  month  and  his  actual  neces- 
sary expenses  in  traveling  outside  of  the  county  seat,  whose  duty  it 
shall  be,  when  called  upon  by  the  coroner,  to  attend  all  inquests  and 
take  down  in  shorthand  the  testimony  of  all  witnesses  at  such  inquests; 
when  such  testimony  is  taken  down  by  such  clerk,  his  transcription 
thereof,  duly  certified  to  by  him,  shall  constitute  the  depositions  of  the 
witnesses  testifying  at  such  inquests  so  reported  by  such  clerk;  the 
salary  of  the  said  deputy  and  said  clerk  herein  provided  for  shall  be 
paid  by  the  county,  in  the  same  manner,  at  the  same  time,  and  out 
of  the  same  funds  as  the  salary  of  the  coroner  and  public  administrator 
is  paid.  Said  deputy  and  said  clerk  shall  be  appointed  by  the  coroner, 
and  shall  hold  office  at  the  pleasure  of  the  coroner.  All  fees  and  com- 
missions collected  by  the  coroner  and  public  administrator  in  his  official 
capacity  and  by  his  said  deputy  and  clerk  in  their  official  capacity 
shall  be  paid  into  the  county  treasury. 

10.  Superintendent  of  schools.  The  superintendent  of  schools,  three 
thousand  dollars  per  annum;  provided,  that  in  counties  of  this  class 
there  shall  be,  and  is  hereby  allowed  to  the  superintendent  of  schools, 
which  said  positions  are  hereby  created,  the  following  deputies,  who 
shall  be  appointed  by  the  superintendent  of  schools  of  such  county,  and 
shall  be  paid  salaries  as  follows:  One  deputy  at  a  salary  of  one  thou- 
sand eight  hundred  dollars  per  annum,  and  two  deputies  at  a  salary  of 
one  thousand  two  hundred  dollars  per  annum  each.  The  deputies  herein 
provided  shall  be  paid  by  said  county  at  the  same  time  and  in  the  same 
manner  and  out  of  the  same  fund  that  the  salary  of  the  superintendent 
of  schools  is  paid.  In  counties  of  this  class  the  superintendent  of  schools 
shall  receive  his  actual  and  necessary  traveling  expenses  for  visiting 
and  examining  schools  and  school  properties  of  the  county  and  in  per- 
forming such  other  duties  as  are  incident  to  the  full  discharge  of  the 
requirements  of  the  office   of  superintendent  of  schools. 

11.  Surveyor.  The  surveyor,  one  thousand  eight  hundred  dollars  per 
annum;  provided,  that  in  counties  of  this  class  there  shall  be,  and 
there  is  hereby  allowed  to  the  surveyor,  which  said  position  is  hereby 
created,  one  deputy  who  shall  be  appointed  by  the  surveyor  of  such 
county,  and  shall  receive  a  salary  of  one  thousand  five  hundred  dollars 


§  4240  POLITICAL    CODE.  394 

per  annum.  The  deputy  herein  provided  shall  bo  paid  by  said  county 
at  the  same  time  and  in  the  same  manner  and  out  of  the  same  fund 
as  the  salary  of  the  surveyor  is  paid. 

12.  Supervisors.  Supervisors,  two  thousand  four  hundred  dollars  per 
annum  each,  and  actual  and  necessary  traveling  expenses  in  the  per- 
formance of  the  duties  of  their  office. 

13.  Township     officers.     Monthly    salaries.     Population    of     townships.^ 

In  counties  of  this  class  the  township  officers  shall  receive  the  follow- 
ing compensation,  to  wit:  In  townships  having  a  population  of  twenty- 
five  thousand  or  more,  justices  of  the  peace  shall  receive  a  monthly 
salary  of  two  hundred  dollarsj  and  may  appoint  one  clerk  at  a  salary 
of  fifty  dollars  per  month;  and  constables  a  monthly  salary  of  one 
hundred   twenty-five   dollars. 

In  townships  having  a  population  of  ten  thousand,  or  more,  and  less 
than  twenty-five  thousand,  justices  of  the  peace  shall  receive  a  monthly 
salary  of  one  hundred  sixty-five  dollars  and  constables  a  monthly  salary 
of  one  hundred  dollars. 

In  townships  having  a  population  of  four  thousand  nine  hundred 
thirty,  or  more,  and  less  than  ten  thousand,  justices  of  the  peace  shall 
receive  a  monthly  salary  of  one  hundred  forty  dollars,  and  constables  a 
monthly  salary  of  one  hundred  twenty-five  dollars. 

In  townships  having  a  population  of  four  thousand  one  hundred  forty, 
or  more,  and  less  than  four  thousand  nine  hundred  thirty,  justices  of 
the  peace  shall  receive  a  monthly  salary  of  seventy-five  dollars,  and 
constables  a   monthly  salary  of  one  hundred  dollars. 

In  townships  having  a  population  of  three  thousand  nine  hundred 
thirty-five,  or  more,  and  less  than  four  thousand  one  hundred  forty, 
justices  of  the  peace  shall  receive  a  monthly  salary  of  one  hundred 
dollars,  and  constables  a  monthly  salary  of  ninety  dollars. 

In  townships  having  a  population  of  three  thousand  five  hundred 
eighty,  or  more,  and  less  than  three  thousand  nine  hundred  thirty-five, 
justices  of  the  peace  shall  receive  a  monthly  salary  of,  seventy-five  dol- 
lars,  and   constables  a   monthly   salary   of   seventy-five  dollars. 

In  townships  having  a  population  of  three  thousand  four  hundred 
ninety-five,  or  more,  and  less  than  three  thousand  five  hundred  eighty, 
justices  of  the  peace  shall  receive  a  monthly'  salary  of  twenty  dollars, 
and   constables  a  monthly  salary  of   twentj'-five   dollars. 

In  townships  having  a  population  of  two  thousand  six  hundred  thirty 
or  more,  and  less  than  three  thousand  four  hundred  ninety-five,  justices 
of  the  peace  shall  receive  a  monthly  salary  of  sixty-fne  dollars,  and 
constables   a   montiily   salary   of  seventy-five   dollars. 

In  townships  having  a  pojiulation  of  (wo  thousand  four  hundred 
ninety,  or  more,  and  less  tlian  two  thousand  six  hundred  thirty,  jus- 
tices of  the  peace  shall  receive  a  montiily  salary  of  scveiity-five  dollars. 
anil   (•rnistal)l('s  a    monthly  salary   of  sixty-five    dollars. 

Ill  tdwiisliips  lia\iiig  a  |FO|iulatioi)  of  1  wo  llioiisainl  four  hundred  fifty- 
five,  or  more,  and  loss  than  two  lliousaud  four  huinlrod  ninety,  justices 
of  th(!  jicace  shall  receive  a  monlhly  salary  of  ninety  dollars,  and  con- 
stables a  monthly  salary  of  seventy-five  dollars. 


395  POLITICAL   CODE.  .  §  4240 

In  townships  having  a  jjopulatioii  of  one  thousand  seven  hundred 
seventy,  or  more,  and  less  than  two  thousand  four  hundred  fifty-five, 
justices  of  the  peace  shall  receive  a  monthly  salary  of  sixty-five  dollars, 
and   constables   a    monthly   salary   of   seventy-five   dollars. 

In  townships  having  a  population  of  one  thousand  four  hundred  thirty- 
five,  or  more,  and  less  than  one  thousand  seven  hundred  seventy,  jus- 
tices of  the  peace  shall  receive  a  monthly  salary  of  fifty  dollars,  and 
constables  a  monthly  salary  of  sixty  dollars. 

In  townships  having  a  population  of  one  thousand  two  hundred  fifteen, 
or  more,  and  less  than  one  thousand  four  hundred  thirty-five,  justices 
of  the  peace  shall  receive  a  monthly  salary  of  ninety  dollars,  and  eon- 
stables  a  monthly  salary  of  ninetj-  dollars. 

In  townships  having  a  population  of  eight  hundred  fifty-five,  or  more, 
and  less  than  one  thousand  two  hundred  fifteen,  justices  of  the  peace 
shall  receive  a  monthly  salary  of  twenty  dollars,  and  constables  a 
monthly  salary  of  tv:enty  dollars. 

In  townships  having  a  population  of  eight  hundred,  or  more,  and 
less  than  eight  hundred  fiftj'-five,  justices  of  the  peace  shall  receive  a 
monthly  salary  of  thirty  dollars,  and  constables  a  monthly  salary  of 
thirty  dollars. 

In  townships  having  a  population  of  five  hundred  eighty,  or  more, 
and  less  than  eight  hundred,  justices  of  the  peace  shall  receive  a  monthly 
salary  of  one  hundred  dollars,  and  constables  a  monthly  salary  of  one 
hundred   dollars. 

In  townships  having  a  population  of  three  hundred  thirty,  or  more, 
and  less  than  five  hundred  eighty,  justices  of  the  peace  shall  receive 
a  monthly  salary  of  twenty  dollars,  and  constables  a  monthly  salary  of 
twenty  dollars. 

Salaries  of  justices  of  the  peace  shall  be  in  full  compensation  for  all 
services  rendered  by  them  in  both  civil  and  criminal  cases.  Salaries  of 
constables  shall  be  in  full  compensation  for  all  services  rendered  by 
them  in  criminal  cases,  and  in  addition  to  the  monthly  salaries  herein 
allowed,  each  constable  may  receive  and  retain  for  his  own  use  such 
fees  as  are  now  or  m-ay  hereafter  be  allowed  by  law  for  all  services 
rendered  by  him  in  civil  eases,  and  shall  also  be  allowed  all  necessary 
expenses  actually  incurred  in  arresting  and  conveying  prisoners  to  court 
or  to  prison,  which  said  expense  shall  be  audited  and  allowed  by  the 
board  of  supervisors  and  paid   out  of  the   county  treasury. 

The  salaries  of  justices  of  the  peace  and  of  constables  shall  be  paid 
monthly  by  the  county  in  the  same  manner  that  the  salaries  of  county 
officers  are  paid;  provided,  that  for  the  purposes  of  this  section,  the 
population  of  the  several  judicial  townships  of  this  county  shall  be 
ascertained  by  multiplying  the  number  of  votes  cast  for  president  at 
the  election  held  in  the  year  1916,  A.  D.,  by  five,  which  said  population 
in  said  judicial  townships  has  been  computed  and  is  determined  to  be 
as  follows  to  wit: 

Judicial  township  No.  1 1435 

Judicial  township  Xo.  2 121.5 

Judicial  township  No.  3 13025 

Judicial  townshin  No.  1 3580 


§  4241  POLITICAL   CODE.  396 

Judicial  township  No.  5 2490 

Judicial  township  No.  G 27350 

Judicial  township  No.  7 475 

Judicial  township  No.  8 330 

Judicial  township  No.  9 855 

Judicial  township  No.  10 580 

Judicial  township  No.  11 2455 

Judicial  township  No.  12 3495 

Judicial  township  No.  13 2630 

Judicial  township  No.  14. 800 

Judicial  township  No.  15 3935 

Judicial  township  No.  Ifi 4930 

Judicial  township  No.  17 4140 

Judicial  township  No.  18 1770 

14.  Fees  of  jurors  and  witnesses.  In  the  superior  court,  jurors  fees 
aud  witness  fees  shall  be  as  follows: 

For  attending  as  a  grand  juror,  for  each  day's  actual  attendance  per 
day,  three  dollars,  and  tw^enty-five  cents  per  mile  for  each  mile  actually 
traveled  in  going  only,  and  but  once  during  the  term  for  which  such 
juror  is  drawn,  and  the  judge  of  said  court  shall  make  an  order  directing 
the  auditor  to  draw  his  warrant  in  favor  of  such  juror  for  said  per  diem 
and  mileage  and  the  treasurer  shall  pay  the  same. 

For  attending  as  a  trial  juror  for  each  day's  actual  attendance,  per 
day  three  dollars,  and  fifteen  cents  per  mile  for  each  mile  actually 
traveled'  in  going  only,  and  the  judge  of  said  court  shall  make  an  order 
directing  the  auditor  to  draw  his  warrant  in  favor  of  such  juror  for 
said  per  diem  and  mileage  and  the  treasurer  shall  pay  the  same. 

For  attending  as  a  witness  in  criminal  cases  and  before  the  grand 
jury,  for  each  day's  actual  attendance  the  sum  of  two  dollars,  and  fifteen 
cents  per  mile  for  each  mile  actually  traveled  in  going  only,  and  the 
judge  of  said  court  shall  make  an  order  directing  the  auditor  to  draw 
his  warrant  in  favor  of  such  witness  for  said  per  diem  and  mileage,  and 
the  treasurer  shall  pay  the  same;  provided,  however,  that  in  criminal 
cases  such  per  diem  and  mileage  shall  only  be  allowed  on  a  showing  to 
the  court  by  the  witness,  that  the  same  was  necessary  for  the  expenses 
of  the  witness  in  attending,  and  the  court  shall  determine  the  necessity 
for  the  same,  and  may  disallow  any  fees  to  a  witness  unnecessarily 
subpoenaed. 

The  fees  for  jurors  in  criminal  eases  in  justice  courts  shall  be  two 
dollars  per  day  for  each  day  of  actual  service  as  a  juror,  and  the  jus- 
tice of  said  court  shall  make  an  order  directing  the  auditor  to  draw 
his  warrant  in  favor  of  such  juror  for  said  per  diem  and  the  treasurer 
shall  pay  the  same.  [Amendment  approved  May  28,  1917;  Stats.  1917, 
p.  1027.] 

§4241.  Counties  of  twelfth  class,  salaries  of  officers.  In  counties  of 
the  twelfth  class,  th-;  connly  olTiccrs  slinll  receive  as  compensation  for 
the  services  required  of  them  liy  law,  or  liy  virtue  of  their  office,  the 
following  salaries; 


397  POLITICAL    CODE.  §  4241 

1.  County  clerk.  The  county  clerk,  four  thousand  dollars  per  annum, 
one  deputy  at  one  thousand  two  hundred  dollars  per  annum,  and  also 
one  deputy  to  act  as  courtroom  clerk  at  one  thousand  two  hundred  dol- 
lars per  annum.  The  county  clerk  shall  also  have  for  use  in  his.  office, 
and  under  his  supervision  and  control,  two  stenographers,  and  each 
of  said  stenographers  shall  receive  a  salary  of  seventy-five  dollars  per 
month,  to  be  paid  in  the  same  manner  and  out  of  the  same  fund  as  the 
salaries  of  county  officers  are  paid.  The  said  positions  of  stenographers 
shall  be  filled  by  the  county  clerk  in  the  same  manner  as  deputies  are 
appointed  by  him.  The  county  clerk  shall  also  receive  ten  cents  per 
name  of  each  elector  entered  upon  the  great  register  of  the  county,  and 
also  such  fees  as  may  be  allowed  by  law  for  issuing  hunting  and  fish- 
ing licenses,  and  all  naturalization  fees  allowed  to  the  clerk  by  the 
naturalization  laws  of  the  United  States.  In  any  county  of  this  class 
where  an  additional  deputy  clerk  has  been  allowed  on  account  of  an 
increase  in  the  number  of  departments  of  the  superior  court  in  and  for 
said  county  since  the  year  1910,  the  deputy  herein  provided  for  to  act 
as  courtroom  clerk  shall  take  the  place  of,  and  perform  the  duties  of 
such  additional  deputy  so  allowed  on  account  of  an  increase  in  the 
number  of  departments  of  the  superior  court. 

2.  Sheriff.  The  sheriff,  six  thousand  five  hundred  dollars  per  annum, 
and  mileage  for  the  service  of  any  and  all  processes  required  by  law 
to  be  served  by  him  at  the  rate  of  ten  cents  per  mile  necessarily  trav- 
eled in  the  performance  of  such  duty  within  the  county,  and  at  the  rate 
of  ten  cents  per  mile,  one  way  only,  for  every  mile  necessarily  traveled 
in  the  performance  of  such  duty  outside  of  the  county.  He  shall  have 
a  deputy  at  a  salary  of  one  thousand  five  hundred  dollars  per  annum. 
In  any  county  of  this  class  where  an  additional  deputy  sheriff  has  been 
allowed  on  account  of  an  increase  in  the  number  of  departments  of  the 
superior  court  in  and  for  said  county  since  the  year  1910,  the  deputy 
herein  provided  for  shall  take  the  place  of  and  perform  the  duties  of 
such  additional  deputy  so  allowed  on  account  of  an  increase  in  the 
number  of  departments  of  the  superior  court.  Whenever  any  female 
prisoner  or  prisoners, are  in  custody  in  the  county  jail  of  counties  of 
this  class,  the  sheriff  of  said  county  is  hereby  authorized  and  eTnpow- 
ered,  immediately  upon  such  prisoner  or  prisoners  being  brought  to  the 
jail,  to  employ  a  matron,  and  to  retain  such  matron  in  employment  at 
the  county  jail  so  long  as  any  female  prisoner  is  in  custody  therein. 
Said  matron  shall  perform  the  duties  prescribed  for  matrons  of  the 
county  jail  in  section  four  thousand  two  hundred  twenty-six  of  the 
Political  Code,  and  shall  have  the  same  rights  and  authority  as  are  pre- 
scribed in  said  section  for  matrons. of  the  county  jail.  For  each  and 
every  day  that  said  matron  is  actually  employed,  she  shall  receive  a 
salary  of  three  dollars,  payable  upon  the  presentation  of  a  proper  claim 
therefor,  presented  to  and  allowed  by   the  board  of  supervisors. 

3.  Recorder.  The  county  recorder,  two  thousand  dollars  per  annum, 
and  one  deputy  at  one  thousand  five  hundred  dollars  per  annum;  and 
six  cents  per  folio  for  every  instrument  of  any  character  transcribed 
by  him  or  his  deputies,  which  said  amount  shall  be  paid  by  the  county 
treasurer  out  of  the  county  treasury. 


§  4241  POLITICAL   CODE.  398 

4.  Auditor.  The  county  auditor,  two  thousand  four  hun,dred  dollars 
pel  anuiiiu,  and  two  deputies  each  to  receive  one  thousand  five  hundred 
dollars  per  annum.  In  addi*^ion  to  said  deputies,  the  county  auditor 
shall  have  the  right  to  employ  from  time  to  time  in  his  office,  such 
additional  assistants  as  may  be  required  to  promptly  perform  the  work 
required  to  be  done  therein.  Such  assistants  shall  receive  a  salary  of 
three  dollars  each,  for  each  day  that  they  are  actually  and  necessarily 
employed,  and  such  salary  shall  be  paid  out  of  the  general  fund  of  the 
county  upon  proper  claims  presented  therefor  to  the  board  of  super- 
visors; provided,  however,  that  the  total  amount  to  be  paid  such  as- 
sistants shall   not  exceed   three   hundred  dollars   in   any   one  year. 

5.  Treasurer.  The  county  treasurer,  two  thousand  four  hundred  dol- 
lars per  annum,  and  one  deputj'  at  oue  thousand  five  hundred  dollars 
per  annum.  All  fees  and  commissions  collected  by  the  treasurer  in  his 
official  capacity  shall  belong  to  the  county,  and  shall  be  paid  into  the 
county  treasury. 

6.  Tax  collector.  The  tax  collector,  two  thousand  four  hundred  dol- 
lars per  annum,  and  one  deputy  at  one  thousand  five  hundred  dollars 
per  annum.  The  tax  collector  shall  also  have  ten  clerks  at  seventy-five 
dollars  per  month  each  for  not  to  exceed  two  months  during  each  and 
every  year.  In  addition  to  said  deputy  and  said  clerks,  the  tax  collector 
shall  have  the  right  to  employ  from  time  to  time ,  in  his  office,  such 
additional  assistants  as  may  be  required  to  promptly  perform  the  work 
required  to  be  done  therein.  Such  assistants  shall  receive  a  salary  of 
three  dollars  each,  for  each  day  that  they  are  actually  and  necessarily 
employed  and  such  salary  shall  be  paid  out  of  the  general  fund  of  the 
county  upon  proper  claims  presented  therefor  to  the  board  of  super- 
visors; provided,  however,  that  the  total  amount  to  be  pfiid  such  assist- 
ants shall  not  exceed  three  hundred  dollars  in  any  one  j^ear. 

7.  Assessor.  The  count}-  assessor,  two  thousand  four  hundred  dollars 
per  annum,  a  chief  deputy  at  one  thousand  five  hundred  dollars  per 
annum,  and  fifteen  field  deputies  for  the  months  of  March,  April,  May 
and  June  of  each  year,  each  of  which  field  deputies  shall  receive  a  salary 
of  five  dollars  per  day  for  each  day  actually  employed  in  the  performance 
of  his  duties.  He  shall  also  have  two  clerks  for  the  months  of  January, 
February,  March,  April,  May  and  .Tune  of  each  year  at  a  salary  of 
seventy-five  dollars  per  month  each,  and  one  index  clerk  for  the 
months  of  April,  May  and  June  of  each  year  at  a  salary  of  seventy- 
five  dollars  per  month.  He  shall  also  have  for  use  in  his  office,  and 
under  his  supervision  and  control,  a  draftsman,  which  office  of  drafts- 
man is  hereby  by  the  terms  of  this  act  expressly  created.  It  shall  be 
the  duty  of  said  draftsman  to  prepare,  under  the  supervision  of  the 
assessor  for  use  in  said  office,  jn-oper  books,  blanks  and  plat-books.  Said 
position  of  draftsman  shall  be  filled  by  the  assessor  in  the  same  manner 
as  deputies  are  appointed  by  him,  and  said  draftsman  shall  receive  a 
salary  of  om-  thousand  five  hundred  dollars  ])er  anr^nm,  to  bo  paid  in  the 
same  ni;iiiiicr  Jis  the  salaries  oi'  iMuinty  officers  are  paid. 

8.  District  attorney.  The  district  attorney,  three  thousand  dollars  per 
annum.     He   shall    iia\c    one    dc]»uty   at   a   salary   of   two   thousand   four 


399  POLITICAL   CODE.  §  4241 

liuudred  dollars  per  aimuni,  and  one  deputy  at  a  salary  of  one  thousand 
five  hundred  dollars  per  annum;  and  he  shall  also  have  for  use  in  his 
office,  and  under  his  supervision  and  control,  a  stenographer,  which  office 
of  stenographer  is  hereby,  by  the  terms  of  this  act,  expressly  created. 
The  said  position  of  stenographer  shall  be  filled  by  the  district  attorney 
in  the  same  manner  as  deputies  are  appointed  by  him,  and  said  sten- 
ographer shall  receive  a  salary  of  seventy-five  dollars  per  month,  to  be 
paid  in  the  same  manner  as  the  salaries  of  county  officers  are  paid. 

9.  Coroner.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

10.  Public  administrator.  The  public  administrator,  such  fees  as  are 
now,  or  ma_y  be  hereafter  allowed  by  law. 

11.  Superintendent  of  schools.  The  superintendent  of  schools,  for  full 
services,  including  his  duties  with  and  on  the  county  board  of  education, 
two  thousand  five  hundred  dollars  per  annum,  and  actual  traveling  ex- 
penses when  visiting  schools  of  his  county.  He  shall  have  two  deputies 
at  a  salary  of  one  thousand  two  hundred  dollars  each  per  annum. 

12.  Surveyor.  The  county  surveyor  shall  receive  a  salary  of  two  thou- 
sand dollars  per  annum,  and  he  shall  be  allowed  one  deputy  at  a  salary 
of  one  thousand  five  hundred  dollars  per  annum.  The  county  surveyor 
shall  be  allowed  all  necessary  traveling  and  field  expenses  of  self  and 
chainmen  or  other  help  in  the  field.  In  addition,  the  county  surveyor 
shall  be  allowed  to  employ  all  necessary  inspectors  and  field  or  office 
help;  provided,  however,  that  before  employing  such  inspectors  or  field 
or  office  help,  the  surveyor  shall  first  obtain  the  consent  of  the  board  of 
supervisors  to  such  employment.  The  salaries  and  expenses  of  such  in- 
spectors or  field  or  office  help  shall  be  paid  out  of  the  county  general 
fund  upon  proper  claims  presented  therefor  to  the  board  of  supervisors. 
In  any  county  of  this  class  where  bonds  have  been  or  shall  hereafter 
be  issued  under  the  provisions  of  section  four  thousand  eighty-eight  of  the 
Political  Code  for  the  construction  of  roads,  bridges  or  highways,  the 
board  of  supervisors  may  at  any  time  during  the  planning,  laying  out  or 
construction  of  such  roads,  bridges,  or  highways,  employ  all  necessary 
inspectors  and  field  or  office  help  to  assist  the  surveyor  in  planning,  laying 
out  or  constructing  such  roads,  bridges  and  highways.  All  inspectors  and 
field  or  office  help  so  employed  by  the  board  of  supervisors,  shall  work 
under  the  supervision  of  the  surveyor,  and  board  of  supervisors,  and  shall 
not  be  employed  longer  than  is  necessary  to  actually  complete  the  roads, 
bridges  or  highways  constructed  with  funds  created  by  such  bond  issue. 
The  salaries  of  all  persons  so  employed  by  the  board  of  supervisors  as 
such  inspectors  or  field  or  office  help,  shall  be  prescribed  by  the  said 
board,  and  all  such  salaries,  together  with  the  field  expenses  of  all  such 
inspectors  or  field  or  office  help,  shall  be  paid  out  of  the  fund  created 
by  such  issue  of  bonds  upon  proper  claims  presented  therefor  to  the  board 
of  supervisors. 

13.  Justices  of  the  peace.  Justices  of  the  peace  shall  receive  the  fol- 
lowing monthly  salaries  to  be  paid  each  month  as  salaries  of  county  offi- 
cers are  paid,  which  shall  be  in  full  compensation  for  all  services  ren- 
dered as  hereinafter  provided:  In  townships  having  a  population  of  three 


§  4241  POLITICAL  coDii;.  400 

thousand  or  more,  one  hundred  dollars  per  month.  In  townships  having 
a  poj^ulation  of  not  less  than  two  thousand  and  under  three  thousand, 
fifty  dollars  per  month.  In  townships  having  a  population  of  not  less 
than  one  thousand  and  under  two  thousand,  forty  dollars  per  month.  In 
townships  having  a  population  of  less  than  one  thousand,  thirty  dollars 
per  month;  provided,  however,  that  in  townships  having  a  population  of 
six  thousand  or  more,  no  person  other  than  a  duly  qualified  attorney  at 
law  shall  be  eligible  to  the  office  of  justice  of  the  peace.  Said  salaries 
enumerated  in  this  paragraph  shall  be  in  full  compensation  for  all  ser- 
vices rendered  by  said  justices  of  the  peace  in  both  civil  and  criminal 
cases.  All  such  fees  as  are  allowed  by  law  in  civil  cases  shall  be  paid 
by  all  justices  into  the  county  treasury  in  the  same  manner  as  the  fees 
of  county  officers  are  paid.  It  is  hereby  found  as  a  fact  that  as  to  all 
townships  having  a  population  of  less  than  three  thousand  the  salaries 
provided  for  in  this  subdivision  do  not  work  an  increase  in  compensation 
and  the  same  shall  apply  immediately  to  incumbents. 

14.  Constables.  Constables  shall  receive  the  following  monthly  sal- 
aries to  be  paid  each  month  as  salaries  of  county  officers  are  paid,  which 
shall  be  in  full  compensation  for  all  services  rendered  by  them  in  criminal 
cases:  In  townships  having  a  population  of  more  than  three  thousand, 
eighty  dollars  per  month.  In  townships  having  a  population  of  not  less 
than  two  thousand  and  under  three  thousand,  sixty  dollars  per  month. 
In  townships  having  a  population  of  not  less  than  one  thousand  and 
under  two  thousand,  forty  dollars  per  month.  In  townships  having  a 
population  of  less  than  one  thousand,  twenty-five  dollars  per  month.  All 
such  fees  as  are  now  or  may  be  hereafter  allowed  by  law  in  civil  cases 
shall  be  paid  by  all  constables  into  the  county  treasury  in  the  same 
manner  as  the  fees  of  county  officers  are  paid.  It  is  hereby  found  as  a 
fact  that  the  changes  in  salaries  of  constables  do  not  work  an  increase 
in  compensation  and  the  same  shall  apply  immediately  to  incumbents. 
In  addition  to  the  monthly  salary  allowed  herein,  each  constable  shall 
be  allowed  ten  cents  per  mile,  for  each  mile  necessarily  traveled  in  the 
execution  of  all  criminal  process  within  the  county,  and  ten  cents  per 
mile  one  way  only,  for  each  mile  necessarily  traveled  in  the  execution 
nf  all  criminal  process  outside  the  county.  In  addition,  each  constable 
Khali  be  allowed  all  expenses  necessarily  and  actually  incurred  by  him 
i„  transporting  prisoners  to  court,  and  to  prison,  and  all  expenses  neces- 
sarily and  actually  incurred  by  him  in  exc-mti-.g  all  process  in  civil  cases. 

15  Statements  by  constables  and  justices  of  the  peace.  It  shall  be  the 
,|,.ly  of  each  and  every  constable  and  justice  of  the  peace  to  file  on  or 
iH-for.'  the  first  Mondav  of  each  and  every  month,  a  full  and  complete 
statement,  showing  all  business,  both  civil  and  criminal,  done  during  the 
^receding  month,  with  the  board  of  supervisors,  and  he  shall  file  the  same 
on  or  before  said  date  above  mentioned,  with  the  clerk  of  said  board. 
The  statement  of  the  constables  shall  contain  a  full  and  correct  account 
,,r  ■ill  process  served  in  both  civil  and  criminal  actions,  also  in  criminal 
.•uses  the  places  where  defendants  were  arrested,  together  with  the  mile- 
,<re  "  And  justices  of  the  peace  shall  file  a  full  and  correct  statement  of 
',11  "..ivil  and  criminal  actions  and  fees  received  therefrom.  Said  state- 
l,„.„ts  to  ho  sworn  to  either  before  the  county  clerk  or  some  officer 
allowed  l)y  law  1"  ininiinister  oaths. 


401  POLtTlCAl.   CODE.  §  4242 

16.  Population  of  townships.  The  board  of  supervisors  shall  determine 
the  populatiou  of  each  township  for  the  purpose  of  fixing  the  salary  of 
the  township  officers  aforesaid. 

17.  Supervisors.  Each  supervisor,  one  thousand  five  hundred  dollars 
per  annum,  for  personal  services  performed  by  him  as  supervisor,  member 
of  the  board  of  equalization,  and  road  commissioner.  Each  supervisor 
shall  also  receive  his  actual  and  necessary  traveling  expenses  incurred  in 
performing  any  of  the  duties  of  his  office,  to  be  allowed  by  the  board 
of  supervisors  and  paid  out  of  the  county  general  fund;  provided,  that 
the  amount  so  allowed  him  for  such  expenses  shall  not  exceed  eighty 
dollars  for  any  one  mouth. 

18.  No  fees  for  collecting  licenses.  No  fees  shall  be  allowed  the  sheriff 
or  tax  collector  for  collecting  licenses  in  counties  of  this  class.  [Amend- 
ment approved  May  28,  1917;  Stats.  1917,  p.  995.] 

§  4242.  Counties  of  thirteenth  class,  salaries  of  officers.  In  counties 
of  the  thirteenth  class,  county  officers  shall  receive  as  compensation  for 
the  services  required  of  them  by  law  or  by  virtue  of  their  offices,  the 
following  salaries,  to  w^it: 

1.  County  clerk.  The  county  clerk,  two  thousand  eight  hundred  dollars 
per  annum,  and  there  shall  be  and  there  is  hereby  allowed  to  the  county 
clerk,  in  addition,  one  deput,y  who  shall  be  paid  the  sum  of  one  thousand 
five  hundred  dollars  per  annum,  and  one  deputy  who  shall  be  paid  the 
sum  of  one  thousand  three  hundred  dollars  per  annum,  and  one  deputy 
who  shall  be  paid  the  sum  of  one  thousand  two  hundred  dollars  per  an- 
num, and  one  deputy  who  shall  be  paid  the  sum  of  one  thousand  dollars 
per  annum;  the  said  salaries  to  be  paid  by  such  county  in  monthly  in- 
stallments at  the  time  and  in  the  manner  and  out  of  the  same  fund  as 
the  salaries  of  the  county  officers  are  paid;  and  provided,  further,  that 
in  each  year  in  which  a  new  and  complete  registration  of  voters  is  re- 
quired by  law,  said  county  clerk  shall  appoint  an  additional  deputy  or 
deputies,  who  shall  receive  the  sum  of  seven  and  one-half  cents  per  name 
for  taking  affidavits  of  registration,  and  claims  for  their  service  at  said 
rate  shall  be  presented  to  and  allowed  by  the  board  of  supervisors  as 
other  claims  are  presented  and  allowed;  and  provided,  further,  that  all 
fees  and  commissions  received  by  this  office  shall  be  turned  over  to  the 
county  and  become  the  property  of  the  county.  All  provisions  of  this 
paragraph  shall  apply  to  the  present  incumbent. 

2.  Sheriff.  The  sheriff,  three  thousand  three  hundred  dollars  per  an- 
num, and  all  commissions,  fees  and  mileage  for  the  service  of  papers  or 
{irocess  coming  from  courts  other  than  those  of  his  own  county;  provided, 
that  in  counties  of  this  class  there  shall  be  and  is  hereby  allowed  to  the 
sheriff,  one  under-sheriff  whose  salary  is  hereby  fixed  at  the  sum  of  one 
thousand  five  hundred  dollars  per  annum,  and  one  deputy  who  shall  be 
jailer,  whose  salary  is  hereby  fixed  at  the  sum  of  one  thousand  dollars 
per  annum;  and  one  deputy  whose  salary  is  hereby  fixed  at  the  sum  of 
nine  hundred  dollars  per  annum;  said  deputies  to  be  appointed  by  the 
sheriff  and   their   salaries   to   be   paid   by   the   county   in   equal   monthly 

26 


§  4242  POLITICAL   CODE.  402 

installments  at  the  time  and  in  the  manner  and  out  of  the  same  fund  as 
the  salaries  of  county  officers  arc  paid.  All  the  provisions  of  this  para- 
graph shall  apply  to  the  present  incumbent. 

3.  Recorder.  The  recorder,  two  thousand  eight  hundred  dollars  per 
annum;  and  one  deputy,  whose  office  is  hereby  expressly  created,  to  be 
appointed  by  the  recorder  who  shall  receive  a  salary  of  one  thousand 
four  hundred  dollars  per  annum,  payable  in  monthly  installments;  and 
provided,  further,  that  the  recorder  is  hereby  allowed  as  many  copyists 
as  may  be  required,  who  shall  receive  as  compensation  the  sum  of  four 
cents  per  folio  for  recording  any  instrument  or  notice.  The  salaries  of 
the  deputy  recorder  and  copyists  herein  provided,  shall  be  paid  by  the 
county  in  monthly  installments,  at  the  same  time  and  in  the  same  manner 
and  out  of  the  same  fund  as  the  salaries  of  county  officers  are  paid.  All  - 
fees  and  commissions  received  by  this  office  shall  be  turned  over  to  the 
county  and  become  the  property  of  the  county.  All  the  provisions  of 
this  paragraph  are  to  apply  to  the  present  incumbent. 

i.  Auditor.  The  auditor,  two  thousand  eight  hundred  dollars  per 
annum;  and  there  shall  be  and  there  is  hereby  allowed  to  the  auditor  in 
addition  one  chief  deputy  to  be  appointed  by  the  auditor  who  shall  be 
paid  a  salary  of  one  thousand  eight  hundred  dollars  per  annum,  and  one 
dejjuty  who  shall  be  appointed  by  the  auditor  who  shall  be  paid  a  salary 
of  one  thousand  two  hundred  dollars  per  annum,  and  one  deputy  who 
shall  be  appointed  by  the  auditor  who  shall  be  paid  a  salary  of  nine 
hundred  dollars  per  annum,  and  such  additional  clerks  and  assistants  as 
the  auditor  may  require,  and  whose  compensation  in  the  aggregate  shall 
not  exceed  four  hundred  dollars  in  any  one  year;  and  provided,  that  the 
auditor  shall  file  with  the  county  clerk  a  verified  statement  showing  in 
detail  the  amount  paid,  and  the  persons  to  whom  said  compensation  is 
paid  for  such  extra  assistants  aforesaid.  The  salaries  herein  provided 
shall  be  paid  by  the  county  in  monthly  installments  at  the  same  time  and 
out  of  the  same  fund  as  the  salaries  of  county  officers  are  paid.  All  that 
portion  of  this  jiaragraph  relating  to  deputies  and  other  assistants  shall 
apply  to  the  present  incumbent. 

5.  Treasurer,  The  treasurer,  two  thousand  eight  hundred  dollars  per 
annum;  provided,  that  in  counties  of  this  class  there  shall  be  and  there 
is  hereby  allowed  to  the  treasurer,  one  deputy,  to  be  appointed  by  him, 
who  shall  receive  from  the  county  a  salary  of  one  thousand  dollars  per 
annum,  to  be  paid  by  said  county  in  monthly  installments  at  the  same 
time  and  in  the  same  manner  and  out  of  tlie  same  fund  as  the  salaries  of 
county  officers  are  paid.  All  that  portion  of  this  paragraph  relating  to 
the  salary  of  deputy  shall  apply  to  the  present  incumbent.  All  fees  and 
commissions  received  by  the  treasurer  shall  be  turned  over  to  the  county 
and  become  the  property  of  the  county. 

n.  Tax  collector.  The  tax  collector,  two  thousand  eight  hundred  dol- 
lars per  annnin;  provided,  that  in  counties  of  this  class  there  shall  be  and 
there  is  hereby  allowed  to  the  tax  collector  the  following  deputies  and 
assistants,  whose  offices  are  hereby  created  and  who  shall  be  appointed 
by  the  tax  collector;  one  deputy  at  a  salary  of  one  thousand  three  hun- 
dred dollars  per  annum;  and  such  assistants  as  the  tax  collector  may  re- 


403  POLITICAL   CODE.  §  4242 

quire;  provided,  that  the  compeusation  of  such  assistants  shall  not,  in  the 
aggregate  exceed  the  sum  of  one  thousand  two  hundred  fifty  dollars  in 
any  one  year;  and  provided,  that  the  tax  collector  shall  file  with  the 
county  auditor  a  verified  statement  showing  in  detail,  the  amounts  and 
the  persons  to  whom  said  compensation  is  paid.  The  salaries  of  the  said 
deputy  and  other  assistants  shall  be  paid  by  said  county  in  monthly 
installments,  at  the  same  time  and  in  the  same  manner  and  out  of  the 
same  fund  as  the  salaries  of  the  county  officers  are  paid.  All  that  por- 
tion of  this  paragraph  relating  to  deputy  and  other  assistants  shall  apply 
to  the  present  incumbent. 

7.  Assessor.  The  assessor,  two  thousand  eight  hundred  dollars  per 
annum,  and  his  actual  traveling  expenses  when  away  from  his  office  on 
county  business;  provided,  that  iu  counties  of  this  class  there  shall  be 
and  there  is  hereby  allowed  to  the  assessor  the  following  deputies  and 
assistants,  whose  offices  are  hereby  created  and  who  shall  be  appointed 
by  the  assessor t  one  deputy  at  a  salary  of  one  thousand  six  hundred  dol- 
lars per  annum,  one  stenographer  at  a  salary  of  nine  hundred  dollars  per 
annum,  one  stenographer  at  a  salary  of  eight  hundred  dollars  per  annum, 
and  such  other  deputies  as  the  assessor  may  require,  and  whose  compensa- 
tion in  the  aggregate  shall  not  exceed  the  sum  of  five  thousand  dollars 
in  any  one  year;  and  provided,  that  the  assessor  shall  file  with  the 
county  auditor,  a  verified  statement  showing  in  detail,  the  amounts,  and 
the  persons  to  whom  said  compensation  is  paid.  The  salaries  of  such 
deputies  and  stenographers  shall  be  paid  by  said  county  in  monthly  in- 
stallments and  at  the  same  time  and  in  the  same  manner  and  out  of  the 
same  fund  that  county  officers  are  paid.  All  the  provisions  of  this  para- 
graph are  to  apply  to  the  present  incumbent.  All  fees  and  commis- 
sions, including  poll  tax,  collected  by  this  officer  shall  be  turned  over  to 
the   county   and   become   the  property   of  the   county. 

8.  Coroner.  The  coroner,  such  fees  as  are  now,  or  may  hereafter  be 
allowed  by  law. 

9.  Public  administrator.  The  public  administrator,  such  fees  as  are 
now,  or  may  hereafter  be  allowed  by  law. 

10.  District  attorney.  The  district  attorney,  two  thousand  five  hun- 
dred dollars  per  annum,  and  actual  traveling  expenses  when  away  from 
his  office  on  county  business;  provided,  that  in  counties  of  this  class 
there  shall  be  and  there  is  hereby  allowed  to  the  district  attorney,  one 
deputy  to  be  appointed  by  the  district  attorney  who  shall  be  paid  the 
salary  of  one  thousand  two  hundred  dollars  per  annum;  and  one  deputy 
to  reside  at  Blythe  or  vicinity,  who  shall  be  paid  a  salary  of  five  hun- 
dred dollars  per  annum;  and  provided,  further,  that  a  stenographer  be 
appointed  by  the  district  attorney  to  be  paid  a  salary  of  nine  hundred 
dollars  per  annum.  Said  deputies  and  stepographer  shall  be  paid  out 
of  the  county  treasury  in  rftonthly  installments  in  the  same  manner  and 
out  of  the  same  fund  as  county  officers  are  paid.  All  the  provisions  of 
this  paragraph  shall   apply  to  the  present  incumbents. 

11.  Superintendent  of  schools.  The  superintendent  of  schools,  two 
thousand  four  hundred  dollars  per  annum;  his  office  shall  be  kept  open 
on  all  business  days  from  nine  A.  M.  to  five  P.  M.;  he  shall  be  allowed 


§  4242  POLITiCAl,   CODE.  404 

his  actual  traveling  expenses  when  visiting  the  schools  of  his  county; 
provided,  that  in  counties  of  this  class  there  shall  be  and  there  hereby 
is  allowed  to  the  superintendent  of  schools,  one  deputy  to  be  appointed 
by  him  who  shall  receive  from  the  county  a  salary  of  one  thousand  two 
hundred  dollars  per  annum  to  be  paid  by  said  county  in  monthly  in- 
stallments in  the  same  manner  and  out  of  the  same  fund  as  the  salaries 
of  county  officers  are  paid.  That  portion  of  this  paragraph  relating  to 
deputies  shall  apply  to  the  present  incumbent. 

12.  Surveyor.  The  surveyor,  one  thousand  five  hundred  dollars  per 
annum,  and  in  addition  thereto,  all  necessary  field  assistants;  provided, 
that  in  counties  of  this  class  there  shall  be  and  there  hereby  is  allowed 
the  surveyor,  two  deputies  who  shall  be  appointed  by  the  surveyor  of 
said  county,  and  who  shall  be  paid  salaries  as  follows:  one  deputy  at  a 
salary  of  one  thousand  five  hundred  dollars  per  annum  and  one  deputy 
at  nine  hundred  dollars  per  annum.  The  salaries  of  said  deputies  herein 
provided  for  shall  be  paid  by  said  county  in  monthly  installments  at 
the  same  time  and  in  the  same  manner  and  out  of  the  same  fund  as  the 
salaries  of  county  officers  are  paid.  All  necessary  expenses  for  field 
assistants  shall  be  paid  by  the  county,  and  the  actual  cost  of  preparing 
assessor's  maps,  whenever  a  complete  set  of  such  maps  is  ordered  pre- 
pared by  the  board  of  supervisors,  said  cost  of  preparing  said  assessor's 
maps  not  to  exceed  the  sum  of  one  thousand  eight  hundred  dollars. 

13.  Township  officers.  From  and  after  the  first  Monday  after  the  first 
day  of  January,  one  thousand  nine  hundred  fifteen,  the  officers  of  town- 
ships in  counties  of  this  class  shall  be  one  justice  of  the  peace  and  one 
constable,  anything  in  the  provisions  of  section  four  thousand  fourteen 
of  this  code  to  the  contrary  notwithstanding. 

14.  Justices  of  the  peace.  The  justice  of  the  peace  in  townships  hav- 
ing a  city  or  a  portion  thereof,  situated  therein  and  having  a  population 
of  twelve  thousand  or  more,  one  thousand  five  hundred  dollars  per 
annum,  payable  in  monthly  installments,  which  shall  be  in  full  for  all 
services  rendered  by  him  in  both  civil  and  criminal  cases  tried  before 
him,  and  he  shall  each  month  pay  to  the  county  treasurer  all  fines,  com- 
missions and  fees  collected  by  him  as  such  justice  of  the  peace,  includ- 
ing fees  for  celebrating  marriages  and  returning  certificates  thereof  to 
tlie  county  recorder;  and  provided,  further,  that  the  board  of  super- 
\isors  of  counties  of  the  thirteenth  class  shall  furnish  each  justice  of 
the  peace  in  townships  having  a  population  of  twelve  thousand  or  more, 
with  a  suitable  office  in  which  to  hold  court  and  shall  also  furnish  the 
necessary  furniture,  books,  blanks  and  supplies  for  said  court;  and  pro- 
vided, further,  tliat  in  townships  having  a  population  of  twelve  thou- 
i^and  or  more  there  shall  be  and  there  is  hereby  allowed  to  the  justice  of 
tlie  peace,  one  clerk  which  office  is  hereby  created  who  shall  be  appointed 
by  the  justice  of  the  peace  of  said  township,  subject  to  the  approval 
of  the  board  of  supervisors  of  the  county  and  whose  salary  is  hereby 
fixed  at  tlic  sum  of  six  hundred  dollars  per  annum,  payable  in  equal 
iiiontlily  installments  out  of  the  same  fund  and  in  the  same  manner  and 
at  the  same  time  as  the  salary  of  the  justice  of  the  peace  is  paid.  Said 
dork  shall  take  tlie  oath  of  office  prescribed  for  county  officers  and  give 


405  POLITICAL   CODE.  §  4242 

a  bond  in  the  sum  of  oue  thousand  dollars  conditioned  for  the  faithful 
discharge  of  the  duties  of  his  office  which  bond  shall  be  approved  and 
filed  in  the  same  manner  as  are  bonds  of  county  officers.  He  shall  keep 
a  record  of  the  proceedings  of  said  court  and  issue  all  processes  .ordered 
by  the  justice  of  said  court  and  receive  and  pay  into  the  county  treas- 
ury all  fines,  forfeitures  and  fees  paid  into  said  court.  He  shall  render 
each  month  to  the  county  auditor  and  the  county  treasurer,  an  exact  ac- 
count under  oath  of  all  fines,  forfeitures  and  fees  paid  and  collected  and 
he  shall  prepare  bonds,  and  justified  bail  when  the  amount  has  beeu 
fixed  by  the  court  or  justice  and  may  administer  and  certify  oaths  and 
shall  remain  in  the  courtroom  of  said  court  during  court  hours  and  dur- 
ing such  other  reasonable  times  as  may  be  necessary  for  the  proper  per- 
formance of  his  duty.  He  shall  have  the  custody  of  all  records  and 
papers  of  said  court.  For  the  jiurpose  of  this  section  the  population  of 
townships  in  counties  of  this  class  is  hereby  determined  to  be  the  popu- 
lation of  such  townships  as  shown  by  the  federal  census  taken  in  the 
year  A.  D.  one  thousand  nine  hundred  ten.  In  townships  having  a  popu- 
lation of  six  thousand  and  less  than  twelve  thousand  the  justice  of 
the  peace  therein  shall  receive  seventy-five  dollars  per  month;  in  town- 
ships having  a  population  of  four  thousand  and  less  than  six  thousanc', 
thirty-five  dollars  per  month;  in  townships  having  a  population  of  one 
thousand  five  hundred  and  less  than  four  thousand,  twenty-five  dollars 
per  month;  in  townships  having  a  population  of  one  thousand  and  less 
than  one  thousand  five  hundred,  fifteen  dollars  per  month,  and  in  all 
other  townships  in  said  county,  ten  dollars  per  month;  provided,  how- 
ever, that  in  all  townships  having  an  area  equal  to  or  exceeding  one 
thousand  square  miles  such  salary  shall  not  be  less  than  fifty  dollars 
per  month.  Each  justice  of  the  peace  must  pay  into  the  county  treasury 
once  each  month  all  fines  collected  by  him  in  criminal  cases,  and  the 
auditor  shall  withhold  the  warrant  for  salary  until  a  sworn  statement 
has  been  filed  with  him  of  all  criminal  cases  tried  and  fines  collected 
and  paid  into  the  county  treasury.  All  provisions  of  this  paragraph  to 
apply  to  present  incumbents. 

15.  Constables.  Constables  in  townships  having  one  or  more  cities,  or 
portions  thereof  situated  therein,  and  having  a  population  of  twelve  thou- 
sand or  more,  fifteen  hundred  dollars  per  annum,  payable  in  monthly  in- 
stallments, and  their  actual  traveling  expenses  when  engaged  in  official 
business  outside  of  such  townships,  which  shall  be  in  full  for  all  services 
rendered  by  them  in  all  civil  and  criminal  business.  They  shall  charge 
and  collect  such  fees  as  are  allowed  by  law,  and  they  shall  each  month 
pay  into  the  county  treasury  all  fees,  forfeitures,  fines,  and  commissions 
collected  by  them  in  the  discharge  of  their  duties  as  such  constables. 
In  townships  having  a  population  of  six  thousand  and  less  than  twelve 
thousand  the  constable  shall  receive  fifty  dollars  per  month;  in 
townships  having  a  population  of  four  thousand  and  less  than  six  thou- 
sand, twenty-five  dollars  per  month;  in  townships  having  a  population  of 
one  thousand  five  hundred  and  less  than  four  thousand,  twenty  dollars 
per  month;  and  in  all  other  townships  in  said  county  ten  dollars  per 
month;  provided,  that  in  all  townships  having  an  area  equal  to  or  exceed- 
ing oue   thousand   square  miles  such  salary   shall  not  be  less  than  fifty 


§  4242  POLITICAL   CODE.  406 

dollars  per  month;  provided,  further,  that  in  addition  to  the  salaries 
herein  allowed,  each  constable  except  constables  in  townships  having  a 
city  or  portion  thereof  situated  therein,  and  having  a  population  of 
twelve  thousand  or  more  shall  receive  for  their  own  use  in  civil  cases,  the 
fees  allowed  by  law,  and  shall  be  paid  out  of  the  treasury  of  the  county 
his  actual  traveling  expenses  outside  of  his  own  township,  but  within  his 
county,  for  the  service  of  the  warrant  of  arrest  or  any  other  paper  in  a 
criminal  case,  both  going  and  returning,  ten  cents  per  mile;  for  each 
mile  actually  traveled  outside  of  his  county  both  going  and  returning 
from  the  place  of  arrest  or  other  service,  five  cents  per  mile;  and  for 
transporting  prisoners  to  the  county  jail,  the  actual  cost  of  transportation. 

16.  Population  of  townships.  The  population  of  several  judicial  town- 
ships for  the  purpose  of  fixing  compensation  of  township  otficers  shall  be 
ascertained  and  declared  by  the  board  of  supervisors  on  the  first  Monday 
after  the  first  day  of  January,  every  odd  numbered  year. 

17.  Supervisors.  Each  supervisor  one  thousand  five  hundred  dollars 
per  annum,  payable  in  monthly  installments,  and  fifteen  cents  per  mile 
one  way  for  traveling  expenses  from  his  residence  to  the  place  of  meet- 
ing of  the  board  at  the  county  seat,  for  not  more  than  four  board  meet- 
ings per  month,  and  the  necessary'  actual  expenses  incurred  by  him  while 
engaged  in  county  business  outside  of  his  district,  not  exceeding  in  the 
aggregate  the  sum  of  three  hundred  dollars  per  annum. 

18.  Purchasing  agent.  The  board  of  supervisors  may  appoint  one  of 
their  own  number  as  [mrchasiug  agent  under  the  provision  of  section  four 
thousand  forty-one  of  the  Political  Code,  and  may  pay  him  not  to  exceed 
seventy-five  dollars  per  mouth  in  addition  to  his  salary  as  supervisor, 
and  may  make  rules  and  regulations  and  pass  ordinances  relating  to  the 
conduct  of  such  office. 

19.  When  work  not  brought  down  to  date.  Whenever  tlie  work  of  an 
office  has  not  been  brouglit  down  to  date  by  the  retiring  officer  and  the 
jirosent  incumbent  shall,  present  to  the  board  of  supervisors  a  signed 
sworn  statement  setting  forth  explicitly,  and  in  detail  the  work  so  lack- 
ing and  which  was  in  that  condition  when  .he  was  inducted  into  office, 
and  provided  the  county  auditor  f5hall  also  certify  to  the  public  necessity 
of  the  work,  the  board  of  supervisors  shall  investigate  such  condition  and 
may,  if  they,  by  resolution,  certify  that  the  public  necessity  demands  it 
before  the  new  incumbent  can  make  up  such  work,  employ  additional 
help  and  provide  for  compensation  for  such  time  as  such  work  consumes. 

20.  Additional  help.  Whenever  the  board  of  supervisors  shall  by  reso- 
lution certify  that  on  account  of  the  formation  of  drainage,  road  or 
olher  special  districts,  the  formation  of  which  is  provided  by  law,  and 
the  work  of  which  imposes  temporary  and  excessive  clerical  burdens  upon 
any  county  office,  or  offices,  they  may  appoint  such  additional  help  as 
they  deem  necessary  until  the  said  extra  work  is  completed,  and  they 
shall  fix  the  cf)inpensation  therefor;  and  they  may  designate  that  such 
extra  lielp  shall  work  part  of  the  time  in  one  office  and  part  of  the  time 
in  anotiier  office.  This  shall  not  be  construed  to  provide  for  permanent 
positions  in  any  office  to  care  for  work  which  the  law  now  may  impose 
on  such  county  office,  but  which  shall  only  be  exercised  as  a  temporary 
Micasiirc  to  exj)edit('  the  )iub!ic  business  in  a  reasonable  ami  business-like 


407  POLITICAL   CODE.  §  4243 

manner  for  tho  purposes  and  under  the  conditions  named.     [Amendment 
approved  May  28,  1917;  Stats.  1917,  p.  1125.] 

§  4243.  Counties  of  fourteenth  class,  salaries  of  oflBcers.  In  counties  of 
the  fourteenth  class,  the  county  ofScers  shall  receive  as  compensation  for 
the  services  required  of  them  by  law,  or  by  virtue  of  their  office,  the 
following  salaries,  to  wit: 

1.  County  clerk.  The  county  clerk,  two  thousand  four  hundred  dollars 
per  annum;  provided,  that  in  counties  of  this  class  there  shall  be  and 
there  is  hereby  allowed  to  the  county  clerk  one  deputy  for  each  depart- 
ment of  the  superior  court  in  each  of  said  counties,  which  offices  are 
hereby  created,  as  provided  by  section  four  thousand  two  hundred  ninety 
of  the  Political  Code  of  the  state  of  California.  Said  deputies  shall  be 
appointed  by  said  county  clerk,  shall  be  courtroom  clerks  of  said  depart- 
ments, and  shall  each  receive  a  salary  of  one  hundred  twenty-five  dollars 
per  month,  which  shall  be  paid  by  said  county  in  monthly  installments 
at  the  same  time,  in  the  same  manner  and  out  of  the  same  funds  as  the 
salary  of  the  county  clerk  is  paid.  There  shall  be  also  and  is  hereby 
allowed  to  said  county  clerk  one  office  deputy,  which  office  is  hereby 
created.  Said  deputy  shall  be  appointed  by  said  county  clerk  and  re- 
ceive a  salary  of  one  hundred  dollars  per  month,  which  shall  be  paid  by 
said  county  in  monthly  installments  at  the  same  time  and  in  the  same 
manner  and  out  of  the  same  funds  as  the  salary  of  the  county  clerk  is 
paid.  In  each  year  in  which  a  new  and  complete  registration  of  voters  is 
required  by  law,  said  county  clerk  shall  appoint  an  additional  deputy 
or  deputies,  who  shall  receive  the  sum  of  seven  and  one-half  cents  per 
name  for  taking  the  affidavits  of  registration  outside  of  the  office  of  said 
county  clerk,  and  the  claims  for  their  services  at  said  rate  shall  be  pre- 
sented to  and  allowed  by  the  board  of  supervisors  as  other  claims  are 
presented  and  allowed.  In  each  year  in  which  a  general  election  is  held 
the  county  clerk  may  appoint  assistant  clerks,  which  offices  are  hereby 
created,  and  whose  compensation  shall  not  exceed  the  sum  of  nine  hun- 
dred dollars  in  the  aggregate  for  all  assistants  so  employed.  All  fees 
received  by  this  office  shall  be  turned  over  to  the  county  and  become  the 
property  of  the  county.  All  the  provisions  in  this  paragraph  are  to 
apply  to  the  present  incumbent. 

2.  Sheriff.  The  sheriff,  two  thousand  five  hundred  dollars  per  annum 
and  such  mileage  as  is  now  allowed  by  law,  and  also  all  fees  for  service 
of  papers  in  actions  arising  outside  of  this  county;  provided,  that  in 
counties  of  this  class  there  shall  be  and  hereby  is  allowed  to  the  sheriff 
six  deputies,  whose  offices  are  hereby  created,  and  who  shall  be  appointed 
by  the  sheriff,  and  shall  be  paid  salaries  as  follows:  One  chief  deputy 
sheriff  at  a  salary  of  one  thousand  two  hundred  dollars  per  annum;  one 
deputy  sheriff,  to  act  as  a  finger-print  expert,  at  a  salary  of  one  thousand 
eighty  dollars  per  annum;  one  deputy  sheriff,  to  act  as  jailer,  at  a  salary 
of  one  thousand  two  hundred  dollars  per  annum;  one  deputy  sheriff,  to 
act  as  assistant  jailer,  at  a  salary  of  nine  hundred  dollars  per  annum; 
two  of  said  deputies  shall  act  as  bailiffs  of  the  superior  court  of  said 
county,  at  a  salary  of  one  thousand  .dollars  per  annum  each,  one  for  each 
department  thereof,  as  provided  by  section  four  thousand  two  hundred 
ninety  of  the  Political  Code  of  the  state  of  California;  and  there  shall 


§  -1243  POLITICAL   CODE.  408 

be  and  hereby  is  allowed  to  said  sheriff  an  additional  deputy,  which  office 
is  hereby  created,  who  shall  be  an  office  deputy,  at  a  salary  of  one  thou- 
sand dollars  per  year,  and  who  shall  be  appointed  by  the  sheriff.  The 
salaries  of  all  of  said  deputies  shall  be  paid  by  said  county  in  equal 
monthly  installments  at  the  same  time  and  in  the  same  manner  and  out 
of  the  same  funds  as  the  salary  of  the  sheriff  is  paid.  All  fees  and  com- 
missions except  as  hereinbefore  in  this  paragraph  mentioned  shall  be 
turned  over  to  the  county  and  become  the  property  of  the  county.  All 
the  provisions  of  this  paragraph  are  to  apply  to  the  present  incumbent. 

8.  Kecorder.  The  recorder,  two  thousand  two  hundred  dollars  per  an- 
num; provided,  that  in  counties  of  this  class  there  shall  be  and  there  is 
hereby  allowed  the  recorder  six  deputies  who  shall  be  appointed  by  the 
recorder,  and  shall  be  paid  the  following  salaries,  to  wit: 

One  chief  deputy  at  a  salary  of  one  thousand  two  hundred  dollars  per 
annum;  five  deputies  at  a  salarj'-  of  nine  hundred  dollars  per  annum.  The 
salaries  of  said  deputies  shall  be  paid  by  the  county  in  equal  monthly 
installments  at  the  same  time  and  in  the  same  manner  and  out  of  the 
same  funds  as  the  salary  of  the  county  officers  are  paid.  All  fees  and 
commissions  received  by  this  office  shall  be  turned  over  to  the  county 
and  become  the  property  of  the  count3\  All  the  provisions  of  this 
paragraph  are  to  apply  to  the  present  incumbent. 

4.  Auditor.  The  auditor,  two  thousand  dollars  per  annum.  In  coun- 
ties of  this  class  the  auditor  may  appoint  assistant  auditors,  which  offices 
are  hereby  created,  and  whose  compensation  shall  not  exceed  the  sum 
of  two  thousand  five  hundred  dollars  per  annum  in  the  aggregate  for 
all  assistants  so  employed;  and  provided,  that  the  auditor  shall  file  with 
the  county  clerk  a  verified  statement,  showing  in  detail  the  amounts  paid 
and  the  persons  to  whom  such  compensation  has  been  paid  for  such 
assistance  as  aforesaid.  The  salaries  of  assistant  auditors  herein  pro- 
vided for  shall  be  paid  by  the  said  county  at  the  same  time  and  in  the 
same  manner  and  out  of  the  same  funds  as  the  salary  of  the  auditor  is 
paid;  provided,  that  on  and  after  January  1,  1919,  the  auditor  shall 
receive  two  thousand  two  hundred  dollars  per  annum. 

5.  Treasurer.  Tke  treasurer,  one  thousand  five  hundred  dollars  per 
annum;  provided,  that  in  counties  of  this  class,  there  shall  be  and  there 
hereby  is  allowed  to  the  treasurer  two  office  deputies,  which  offices  are 
hereby  created,  at  a  salary  of  seventy-five  dollars  per  month,  and  who 
shall  be  appointed  by  the  treasurer.  The  salary  of  said  deputies  herein 
provided  for  shall  be  paid  by  said  county  in  monthly  installments,  at  the 
same  time  and  in  the  same  manner  and  out  of  the  same  fund  as  the 
salary  of  the  treasurer  is  paid;  provided,  tliat  on  and  after  January  1, 
1919,   the   treasurer  .shall   receive   two   thousand   dollars   per   annum. 

6.  Tax  collector.  The  tax  collector,  two  thousand  dollars  per  annum; 
provided,  that  in  counties  of  this  class  there  shall  be  and  there  is  hereby 
allowed  to  the  tax  collector  the  following  deputies,  whose  offices  are 
hereby  created,  and  who  shall  be  appointed  by  the  tax  collector:  One 
ciiief  deputy  at'  a  salary  of  one  hundred  dollars  per  month,  and  such 
assistants  as  the  tax  collector  may  require;  provided,  that  the  compcnsa- 
lion  of  such  asuistants  shall  not  in  the  aggregate  exceed  the  sum  of  two 
thousand  six   hundred  dollars    in   any   one  year;   and   provided,   further, 


409  POLITICAL   CODE.  §  4243 

that  the  tax  collectur  shall  file  with  the  county  auditor  a  verified  state- 
ment, showing  in  detail  the  amounts  and  the  persons  to  whom  said  com- 
pensation is  paid.  The  salaries  of  the  said  deputy  and  assistants  herein 
provided  for  shall  be  paid  by  said  county  in  monthly  installments  at 
the  same  time  and  in  the  same  manner  and  out  of  the  same  fund  as  the 
salary  of  the  tax  collector  is  paid;  provided,  that  on  and  after  January 
1,  1919,  the  tax  collector  shall  receive  two  thousand  two  hundred  dollars 
per  annum. 

7.  Assessor.  The  assessor,-  three  thousand  dollars  per  annum;  provided, 
that  in  counties  of  this  class  there  shall  be  allowed  to  the  assessor  the 
following  deputies,  whose  offices  are  hereby  created,  and  who  shall  be 
appointed  by  the  assessor:  One  deputy  who  shall  be  chief  office  deputy  at 
a  salary  of  one  hundred  twenty-five  dollars'  per  month;  one  office  deputy 
at  a  salary  of  seventy-five  dollars  per  month,  and  such  field  deputies  as  the 
assessor  may  require,  and  whose  compensatioii  in  the  aggregate  shall  not 
exceed  six  thousand  five  hundred  dollars  in  any  one  year;  and  provided, 
that  the  assessor  shall  file  with  the  county  auditor  a  verified  statement 
showing  in  detail  the  amounts  and  the  persons  to  whom  said  compensa- 
tion is  paid.  The  salaries  of  such  deputies  shall  be  paid  by  said  county 
in  monthly  installments  at  the  same  time  and  in  the  same  manner  and 
out  of  the  same  fund  as  the  county  officers  are  paid.  All  fees  and  com- 
missions including  commissions  on  poll  taxes  collected  by  this  office  shall 
be  turned  over  to  the  county  and  become  the  property  of  the  county.  All 
the  provisions  of  this  paragraph  are  to  apply  to  the  present  incumbent. 

S.  District  attorney.  The  district  attorney,  two  thousand  five  hundred 
dollars  per  annum ;  provided,  that  in  counties  of  this  class  there  shall  be 
and  there  is  hereby  allowed  to  the  district  attorney,  two  deputies,  to  be 
appointed  by  the  district  attorney,  and  who  shall  be  regularly  admitted 
to  practice  before  the  courts  of  the  state  of  California.  Each  of  said 
deputies  shall  receive  a  salary  of  one  thousand  six  hundred  twenty  dollars 
per  annum,  which  salaries  shall  be  paid  by  said  county  in  equal  monthly 
installments  at  the  same  time  and  in  the  same  manner  and  out  of  the 
same  fund  as  the  salary  of  the  said  district  attorney  is  paid.  There  shall 
be  and  there  is  hereby  allowed  to  the  district  attorney  a  stenographer 
to  be  appointed  by  the  district  attorney,  at  a  salary  of  seventy-five  dol- 
lars per  month,  which  said  salary  shall  be  paid  by  said  county  in  equal 
monthly  installments  at  the  same  time  and  in  the  same  manner  and  out 
of  the  same  funds  as  the  salary  of  the  district  attorney.  All  the  provi- 
sions of  this  paragraph  are  to  apply  to  the  present  incumbent. 

9.  Coroner.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law. 

10.  Public  administrator.  The  public  administrator,  -such  fees  as  are 
now  or  may  hereafter  be  allowed  by  law. 

11.  Superintendent  of  schools.  The  superintendent  of  schools,  two 
thousand  two  hundred  fifty  dollars  per  annum  and  actual  traveling  ex- 
penses when  visiting  the  schools  of  the  county;  provided,  that  in  counties 
of  this  class  there  shall  be  and  there  is  hereby  allowed  to  the  superin- 
tendent of  schools  one  office  deputy,  which  office  is  hereby  created,  at  a 


§  4243  POLITICAL   CODE.  410 

salary  of  sixty-five  dollars  per  month,  and  who  shall  be  appointed  by  the 
said  superintendent  of  schools.  The  salary  of  said  deputy  herein  pro- 
vided for  shall  be  paid  by  said  county  in  monthly  installments  at  the 
same  time  and  in  the  same  manner  and  out  of  the  same  fund  as  the  salary 
of  the  superintendent  of  schools  is  paid. 

12.  Surveyor.  The  surveyor,  eiglit  dollais  per  day  when  actually 
omployed  by  the  county. 

13.  Justices  of  the  peace.  Justices  of  the  jjeace  shall  receive  the  fol- 
lowing monthly  salaries,  to  be  paid  each  month  in  the  same  manner  and 
out  of  the  same  fund  as  county  officers  are  paid,  which  shall  be  in  full 
for  all  services  rendered  by  them  as  such  officers:  (1)  In  townships  hav- 
ing a  population  of  twelve  thousand  or  over,  one  hundred  twenty-five 
dollars;  (2)  in  townships  having  a  population  of  nine  thousand  or  over 
up  to  twelve  thousand,  one  hundred  dollars;  (3)  in  townships  having 
a  population  of  six  thousand  or  over  up  to  nine  thousand,  fifty  dollars; 
(4)  in  townships  having  a  population  of  three  thousand  or  over  up  to 
six  thousand,  twenty-five  dollars;  (5)  in  townships  having  a  population 
less  than  three  thousand,  ten  dollars. 

14.  Constables.  Constables  shall  receive  the  following  monthly  sal- 
aries, to  be  paid  each  month  in  the  same  manner  and  out  of  the 
same  fund  as  county  officers  are  paid;  which  shall  be  in  full  for  all  services 
rendered  by  them  in  criminal  cases:  (1)  In  townships  having  a  population  of 
twelve  thousand  or  over,  one  hundred  twenty-five  dollars;  (2)  in  town- 
ships having  a  population  of  nine  thousand  or  over  up  to  twelve  thou- 
sand, one  hundred  dollars;  (3)  in  townships  having  a  population  of  six 
thousand  or  over  up  to  nine  thousand,  fifty  dollars;  (4)  in  townships 
having  a  population  of  three  thousand  or  over  up  to  six  thousand,  twent.y- 
five  dollars;  (5)  in  townships  having  a  population  less  than  three  thou- 
sand, ten  dollars;  provided,  that  in  townships  having  more  than  one 
constable,  each  such  officer  shall  receive  a  salary  of  seventy-five  dollars 
per  month;  also  provided,  further,  that  each  constable  shall  receive  his 
actual  and  necessary  expenses  incurred  in  conveying  prisoners  to  the 
court  or  to  the  county  jail.  In  addition  to  the  compensation  received 
in  criminal  cases,  each  constable  shall  receive  and  retain  for  his  own 
use,  sucli  fees  as  are  now  or  may  hereafter  be  allowed  by  law  for  all 
services  performed  by  him  in  civil  actions. 

1".  Supervisors.  Kach  su])ervisor,  one  thousand  five  hundred  dollars 
|iiT  ;unniiii,  iJayM])le  in  monthly  installments,  and  fifteen  cents  per  mile 
one  wa.y  for  traveling  expenses  from  his  residence  to  the  place  of  meet- 
ing of  the  board  at  the  county  seat,  for  not  more  than  four  board 
meetings  per  month,  and  tlie  neces.sary  actual  expenses  incurred  by 
liiiii  while  engaged  in  (-(Muity  business  outside  of  his  district,  not  ex- 
ceeding in  the  aggregate  tln'  sum  of  three  hundred  dollars  per  annum. 

16.  Livestock  inspector.  A  livestock  inspector,  nine  hundred  dollars 
per  annum,  which  sh;ill  be  in  I'uil  |i:iynicnt  for  all  serxices  rcMidered  by 
said  inspector. 


411  POLITICAL    CUDE.  §  4244 

17.  Population  of  townships.  For  the  purposes  of  .subdivisious  thirteen 
and  fourteen  of  this  section,  the  population  of  the  several  judicial  town- 
ships shall  be  determined  by  the  United  States  census  taken  in  one 
thousand  nine  hundred  ten;  provided,  that  the  board  of  supervisors  of 
said  county  may  each  four  years  thereafter  cause  a  census  of  any  or  all 
townships  in  the  county  to  be  taken  for  the  purpose  of  determining  the 
population  of  said  township  or  townships  upon  which  to  base  the  salaries 
of  justices  of  the  peace  and   constables. 

18.  Fees  of  jurors.  In  counties  of  this  class  grand  and  trial  jurors  in 
superior  courts  shall  receive  for  each  day's  attendance,  per  day  the  sum 
of  two  dollars.  In  justices'  courts  in  civil  cases  jurors  shall  receive  for 
each  day's  attendance  per  day  the  sum  of  two  dollars.  In  justices'  and 
recorder's  courts  in  criminal  cases  jurors  shall  receive  for  each  day's 
attendance  per  day  the  sum  of  one  dollar  and  fifty  cents.  And  all  jurors 
shall  receive  for  each  mile  actually  and  necessarily  traveled  from  their 
residences  to  the  place  of  service,  in  going  only,  the  sum  of  fifteen  cents 
per  mile,  such  mileage  to  be  allowed  but  once  during  any  session  of  the 
court  where  such  jurors  serve;  provided,  that  the  fees  of  all  trial  jurors 
in  civil  cases  shall  be  paid  by  the  litigants  as  other  costs  are  paid,  and 
jurors  in  criminal  cases  in  recorders'  courts  shall  be  paid  by  the  muni- 
cipality in  which  such  court  is  or  may  be  established. 

19.  Constitutionalty.  If  any  paragraph,  sentence,  clause  or  phrase  of 
this  act  is  for  any  reason  held  to  be  unconstitutional,  such  decision  shall 
not  affect  the  validity  of  the  remaining  portions  of  this  section.  The 
legislature  herebj'  declares  that  it  would  have  passed  this  section  and 
each  paragraph,  sentence,  clause  and  phrase  thereof,  irrespective  of  the 
fact  that  any  one  or  more  paragraphs,  sentences,  clauses  or  phrases  is 
declared  unconstitutional.  [Amendment  approved  May  28,  1917;  Stats. 
1917,  p.  1007.] 

§  4244.  Counties  of  the  fifteenth  class,  salaries  of  officers.  In  counties 
of  the  fifteenth  class,  the  county  and  township  ofiicers  shall  receive,  as 
compensation  for  the  services  required  of  them  by  law,  or  by  virtue  of 
their  office,  the  following  salaries,  to  wit: 

1.  County  clerk.  The  county  clerk  shall  receive  three  thousand  six 
hundred  dollars  per  annum;  provided,  that  in  counties  of  this  class  there 
shall  be,  and  there  hereby  is  allowed  to  the  county  clerk  the  following 
clerks,  deputies  and  employees  who  shall  be  appointed  by  the  county 
clerk  and  shall  be  paid  salaries  as  follows:  Two  deputies  at  a  salary 
of  one  hundred  twenty-five  dollars  per  month  each;  one  deputy  at  a  salary 
of  seventy-five  dollars  per  month,  and  one  stenographer  and  one  copyist 
at  a  salary  of  sixty  dollars  per  month  each. 

2.  Sheriff.  The  sheriff  shall  receive  four  thousand  eight  hundred  dol- 
lars per  annum;  and  there  shall  be  and  there  is  hereby  allowed  to  the 
sheriff  the  following  deputies,  who  shall  be  appointed  by  the  sheriff  and 
shall  be  paid  salaries  as  follows:  One  chief  deputy  at  a  salary  of  one 
thousand  eight  hundred  dollars  per  annum;   one  courtroom   deputy  at   a 


§  4244  POLITICAL   CODE.  412 

salary  of  one  thousand  two  hundred  dollars  per  annum;  one  deputy  sheriff 
to  act  as  jailer,  at  a  salary  of  one  thousand  two  hundred  dollars  per 
annum. 

The  salaries  of  the  deputies  herein  provided  for  shall  be  paid  by  the 
county  in  monthly  installments  at  the  same  time  and  in  the  same  manner 
and  out  of  the  same  fund,  as  the  salary  of  the  sheriff  is  paid. 

3.  Kecorder.  The  recorder,  two  thousand  five  hundred  dollars  per  an- 
num, and  there  shall  be  and  there  is  hereby  allowed  to  the  county  re- 
corder two  deputies  who  shall  be  appointed  by  the  recorder  and  shall 
be  paid  a  salary  of  nine  hundred  dollars  per  annum  each.  The  recorder 
shall  collect  and  pay  into  the  county  treasury  the  fees  required  by  law; 
provided,  that  whenever  the  amount  of  the  fees  so  collected  in  any  one 
month  shall  exceed  the  sum  of  four  hundred  dollars,  the  recorder  may 
in  addition  to  his  salary,  retain  for  his  own  use  one-half  of  all  such 
excess. 

4.  Auditor.  The  auditor  shall  receive  three  thousand  dollars  per  an- 
num, and  there  is  hereby  allowed  to  the  auditor  three  deputies  who  shall 
be  appointed  by  the  auditor,  one  who  shall  be  paid  one  thousand  eighty 
dollars  per  annum  and  one  who  shall  be  paid  one  thousand  dollars  per 
annum  and  one  from  August  first  to  October  first  inclusive  of  each  year 
who  shall  be  paid  sixty  dollars  per  month;  and  it  is  further  provided, 
that  if  the  board  of  supervisors  in  any  year  shall  act,  order  or  direct  the 
auditor  to  prepare  and  compile  its  annual  statistical  report,  and  on  so 
performing  such  services  and  in  that  event,  he  shall  be  allowed  the 
further  sum  of  three  hundred  dollars  payable  upon  the  completion  and 
acceptance  of  said  report.  The  salaries  of  the  deputies  herein  provided 
for  shall  be  paid  in  the  same  manner  as  the  salary  of  the  auditor  is  paid. 

5.  Treasurer.  The  treasurer  shall  receive  two  thousand  four  hundred 
dollars  per  annum;  and  there  is  hereby  allowed  to  the  treasurer  one 
deputy  to  be  appointed  by  him  who  shall  receive  a  salary  of  six  hundred 
dollars  per  annum  which  shall  be  paid  by  the  county  in  monthly  install- 
ments, at  the  same  time  and  in  the  same  manner  and  out  of  the  same 
fund  as  the  salary  of  the  treasurer  is  paid. 

6.  Tax  collector.  The  tax  collector  shall  receive  two  thousand  eight 
hundred  dollars  per  annum;  and  there  shall  be  and  there  hereby  is  al- 
lowed to  the  tax  collector  one  deputy  who  shall  be  appointed  by  the  tax 
collector  and  sliall  receive  a  salary  of  one  hundred  dollars  per  month. 

7.  License  collector.  The  license  collector  shall  receive  ten  per  cent 
of  all  licenses  collected  by  him. 

8.  Assessor.  The  assessor  shall  receive  four  thousand  dollars  per  an- 
num; provided,  that  in  counties  of  this  class  there  shall  be  and  there 
herel)y  is  allowed  to  the  assessor  the  following  deputies,  clerks  and 
assistants  to  be  appointed  by  said  assessor  which  positions  are  hereby 
created  and  the  salaries  of  which  arc  hereby  fixed  as  follows:  One  chief 
deputy  assessor,  one  thousand  eight  hundred  dollars  per  annum;  one 
ollicc  dc])uty  assessor,  seven  hundred  twenty  dollars  per  annum;  eight 
field  dejjuty   assessors  for  not  exceeding  four  months  in  any   one  year, 


413  POLITICAL   CODE,  §  4244 

one  hundred  twenty-five  dollars  each  per  month;  four  field  deputy  asses- 
sors for  not  exceeding  three  months  in  every  one  year,  one  hundred 
twenty-five  dollars  per  month;  three  copyists  for  not  exceeding  three 
months  in  any  one  year,  eighty  dollars  per  month;  and  such  additional 
assistants  as  the  assessor  may  require,  and  whose  compensation  shall 
not  in  the  aggregate,  exceed  the  sum  of  one  thousand  five  hundred  dol- 
lars per  annum,  said  additional  assistants  to  be  paid  for  their  services 
on  the  presentation  and  filing  with  the  board  of  supervisors  of  said 
county  a  duly  verified  claim  or  claims  therefor.  Said  assessor  may  em- 
ploy such  assistants  as  may  be  necessary  in  making  maps,  plats  and 
drawings  essential  for  the  use  in  the  assessor's  office  in  the  performance 
of  his  duty,  and  the  expense  thereof  shall  be  a  charge  against  the  county. 
It  is  hereby  further  provided,  that  the  said  assessor  shall  retain  no 
commission  for  the  collection  of  personal  property  taxes,  state  poll  taxes 
or  road  poll  tax,  but  that  all  such  claims  shall  be  paid  into  the  county 
treasury  and  become  the  property  of  the  county. 

9.  District  attorney.  The  district  attorney  shall  receive  three  thou- 
sand six  hundred  dollars  per  annum,  and  said  district  attorney  while  in 
receipt  of  said  salary  shall  be  disqualified  from  engaging  in  the  practice 
of  law  in  any  and  all  of  the  courts  of  this  state,  in  any  action  or  cause 
wherein  the  county  in  which  he  is  elected  and  serves  or  the  state  of 
California  is  not  a  party  or  parties;  and  there  is  hereby  allowed  to  the 
district  attorney  one  deputy  to  be  appointed  by  him  who  shall  receive  a 
salary  of  one  thousand  eight  hundred  dollars  per  annum,  one  stenographer 
who  shall  receive  a  salary  of  one  thousand  two  hundred  dollars  per  an- 
num, and  there  is  hereby  allowed  the  district  attorney  one  detective  to 
be  appointed  by  him  who  shall  receive  a  salary  of  one  thousand  two 
hundred  dollars  per  annum,  and  shall  be  subject  to  removal  at  any 
time  by  the  district  attorney. 

10.  Coroner.  The  coroner  shall  receive  such  fees  as  are  now,  or  may 
hereafter  be  allowed  by  law. 

11.  Public  administrator.  The  public  administrator  shall  receive  such 
fees  as  are  now,  or  may  hereafter  be  allowed  by  law. 

12.  Superintendent  of  schools.  The  superintendent  of  schools,  two 
thousand  five  hundred  dollars  per  annum;  and  there  shall  be  and  there 
is  hereby  allowed  to  the  superintendent  of  schools,  one  deputy,  who 
shall  be  appointed  by  the  superintendent  of  schools,  and  shall  be  paid  a 
salary  of  nine  hundred  dollars  per  annum. 

13.  Surveyor.  The  surveyor  shall  receive  two  thousand  dollars  per 
annum,  and  necessary  traveling  expenses  while  in  the  performance  of  the 
duties  of  his   office. 

14.  Supervisors.  Ea(;h  supervisor,  one  thousand  two  hundred  dollars 
per  annum,  and  mileage  at  twenty  cents  per  mile,  for  all  distances  traveled 
by  him  as  supervisor  or  as  road  commissioner;  such  mileage  not  to  ex- 
ceed in  any  one  year  the  sum  of  one  thousand  dollars. 

15.  Reporter.  The  official  shorthand  reporter  shall  receive  two  thou- 
sand   dollars   per   annum   for   the    department    of    the    superior    court    to 


§  4244  POLITICAL    CODE.  414 

which  he  has  been  appointed.  Whenever  one  reporter  shall  be  appointed 
to,  and  shall  perform  the  duties  required  of  the  oflSeial  shorthand  re- 
porter, for  more  than  one  department  of  said  superior  court,  he  shall 
receive  a  salary  therefor  of  two  thousand  eight  hundred  dollars  per 
annum.  In  addition  thereto  he  shall  receive  for  transcribing  notes, 
the  sum  of  ten  cents  per  folio  for  the  original,  and  five  cents  per  folio 
for  all  copies  thereof. 

16.  Justices  of  the  peace.  Fees  of  justices.  In  townships  having  a 
population  of  seven  thousand  or  over,  two  justices  of  the  peace  shall 
be  elected,  and  each  shall  receive  a  salary  of  one  hundred  twenty-five 
dollars  per  month.  In  townships  having  a  population  less  than  seven 
thousand  and  over  four  thousand  there  shall  be  but  one  justice  of  the 
peace  elected  and  he  shall  receive  a  salary  of  fifty  dollars  per  month. 
In  all  other  townships  there  shall  be  but  one  justice  of  the  peace,  who 
shall  receive  a  salary  of  twenty  dollars  per  month.  All  justices  in 
counties  of  this  class  shall  collect  in  civil  eases  only,  the  following 
fees,  to  wit: 

(1)  For  all  services  before  trial  or  entry  of  judgment  by  default  or 
confession,  two  dollars,  and  for  all  additional  services  in  such  action, 
including  execution  and  satisfaction  of  judgment,  two  dollars. 

(2)  For  the  trial  of  civil  actions  and  all  proceedings  subsequent 
thereto,  three  dollars. 

(3)  For  certificate  and  transmitting  papers  and  transcript  on  appeal, 
one  dollar. 

(4)  For  copies  of  papers  on  docket  per  folio,  ten  cents. 

(5)  For  issuing  a  search  warrant,  the  fee  to  be  paid  by  the  party  de- 
manding the  same,  one  dollar. 

(6)  For  celebrating  a  marriage,  and  returning  a  certificate  thereof  to 
the  county  recorder,  five  dollars. 

(7)  For  taking  an  acknowledgment  of  an  instrument,  for  the  first 
name  fifty  cents,  and  for  each  additional  name  twenty-five  cents. 

(8)  For  administering  an  oath,  and  certifying  the  same,  fifty  cents. 

(9)  For  issuing   a   commission   to   take   testimony,    one    dollar. 

(10)  For  all  services  connected  wth  the  posting  of  estrays  one  dollar. 

(11)  For  issuing  each  affidavit,  certificate,  process,  writ,  order,  or 
paper,  or  paper  required  by  law  to  be  issued,  not  otherwise  herein  pro- 
vided for,  twenty-five  cents. 

(12)  For  taking  bail  in  all  jiroceedings,  pending  before  another  magis- 
trate, fifty  cents. 

All  such  fees  collected  by  such  justice  shall  be  paid  into  the  general 
fund  of  the  coui\ty  treasury. 

17.  Constables.  Fees  of  constables.  In  townships  having  a  population 
of  seven  thousand  or  over,  two  constables  shall  be  elected  and  each 
shall  receive  a  salary  of  forty  dollars  per  month.  In  townships  having 
a  population  less  than  seven  and  over  four  thousand,  there  shall  be  but 
one  constable  elected,  and  he  shall  receive  a  salary  of  twenty-five  dollars 
per    month.     In    all    other    townships    there    shall    be    but    one    constable 


415  POLITICAL    CODE.  §  4244 

who  shall  receive  twenty  dollars  per  month.  All  constables  in  addition 
to  the  salaries  above  provided  for,  shall  receive  and  collect,  for  their 
use  and  benefit,  in  civil  cases  only,  the  following  fees,  to  wit: 

(1)  For  serving  summons  and  complaints,  for  each  defendant  served 
fifty  cents. 

(2)  For   each   copy   of   summons   made   by   him,   twenty-five   cents. 

(3)  For  levying  writ  of  attachment  or  execution,  or  executing  an 
order  of  arrest,  in  a  civil  case  or  for  delivery  of  personal  property, 
two  dollars. 

(4)  For  serving  a  writ  of  attachment  or  execution  on  any  ship,  boat, 
or  vessel,  three  dollars. 

(5)  For  keeping  personal  property,  such  sum  as  the  court  may  order, 
but  no  more  than  two  dollars  fifty  cents  per  day,  for  a  keeper,  when 
necessarily  employed. 

(6)  For  taking  a  bond  or  undertaking,  one  dollar. 

(7)  For  copies  of  writs  or  other  papers,  except  summons,  complaints, 
and  subpoenas,  per  folio  fifteen  cents;  provided,  that  when  correct  copies 
are  furnished  him  for  use,  no  charges  shall  be  made  for  such  copies. 

(8)  For  serving  any  writ,  notice  or  order,  except  summons,  complaint, 
or  subpoena,  for  each  person  served,  fifty  cents. 

(9)  For  writing  and  posting  each  notice  of  sale  of  property,  fifty 
cents. 

(10)  For  furnishing  notice  of  publication,  twenty-five  cents. 

(11)  For  serving  subpoenas,  each  witness  including  copy,  fifty  cents. 

(12)  For  collecting  money  on  execution  two  and  one-half  per  cent. 

(13)  For  executing  and  delivering  certificate  of  sale,  fifty  cents. 

(14)  For  executing  and  delivering  constable's  deed,  two  dollars  and 
fifty  cents. 

(15)  For  each  mile  actually  traveled  within  his  county  in  the  service 
of  any  civil  suit,  order,  or  paper,  in  going  only,  per  mile,  twenty-five 
cents.     No  constructive  mileage  shall  be  allowed. 

(16)  For  each  mile  necessarily  traveled  within  his  county,  in  execut- 
ing a  warrant  of  arrest,  both  in  going  to  and  returning  from  the  place  of 
arrest,  fifteen  cents;  and  the  actual  cost  of  the  transportation  of  the 
prisoner  or  prisoners  from  the  place  of  arrest  to  the  justice  court,  and 
the  necessary  expense  of  assistance;  provided,  that  for  traveling  in 
perf^-mance  of  two  or  more  official  services  at  the  same  time,  including 
the  service  of  criminal  process,  but  one  mileage  shall  be  charged. 

(17)  For  each  mile  necessarily  traveled  outside  his  county  in  execut- 
ing a  warrant  of  arrest,  both  in  going  to  and  returning  from  the  place 
fifteen  cents. 

(18)  For  transporting  prisoners  to  the  county  jail,  from  the  justice's 
court  or  from  the  county  jail  to  the  justice's  court  actual  cost  of  trans- 
portation and  assistance,  and  mileage  at  twenty-five  cents  per  mile, 
one  way.  In  conveying  two  or  more  prisoners,  but  one  mileage  shall  be 
charged. 

(19)  For  each  day  in  which  the  constable  is  charged  with  the  custody 
of  a  prisoner  or  prisoners,  two  dollars  fifty  cents,  and  for  necessary  ex- 
pense of  maintenance  and  assistance  in  keeping  said  prisoners. 


§  4245  POLITICAL    CODE,  416 

(20)  For  summoning  a  jury  in  a  civil  case,  twenty-five  cents  for  each 
of  the  persons  so  summoned,  and  mileage  at  the  rate  of  twenty-five  cents 
per  mile,  going  only.  » 

(21)  For  attending  court  during  the  trial  of  a  civil  cause,  per  day, 
three  dollars. 

(22)  For  making  sales  of  estrays  in  civil  cases,  the  same  fees  as  for 
sales  on  execution. 

(23)  For  serving  writ  of  possession  or  restitution,  putting  a  person 
in  possession  of  the  premises,  and  removing  the  occupants  therefrom 
three  dollars  per  day,  and  mileage  at  twenty-five  cents  per  mile,  going 
only. 

(24)  The  mileage  provided  for  heroin  shall  be  computed  for  the  shortest 
practicable  traveled  route  between  the  two  points  for  which  mileage 
is  claimed. 

IS.  Jurors.  The  fees  of  grand  jurors  and  trial  jurors  in  the  superior 
courts  of  said  counties  of  the  fifteenth  class,  in  civil  and  criminal  cases 
shall  be  three  dollars,  in  lawful  moriey  of  the  United  States,  for  each 
day's  attendance,  and  mileage  to  be  computed  at  the  rate  of  fifteen 
cents  per  mile  for  each  mile  necessarily  traveled  in  attending  court, 
in  going  only.  In  criminal  cases  such  fees  and  mileage  of  said  trial 
jurors  in  the  superior  court  shall  be  paid  by  the  treasurer  of  the  county 
out  of  the  general  fund  of  said  county  upon  warrants  drawn  by  the 
county  auditor  upon  the  written  order  of  the  judge  of  the  court  in  which 
said  juror  was  in  attendance,  and  the  treasurer  of  said  county  shall 
pay  said  warrants.  The  board  of  supervisors  of  said  county  is  h'ereby 
directed  to  make  suitable  appropriations  for  the  payment  of  the  fees 
herein  provided  for. 

19.  Jurors  in  justices'  courts.  The  fees  of  jurors  in  justices'  courts 
in  civil  and  criminal  cases,  shall  be  two  dollars  in  lawful  money  of  the 
United  States  for  each  day's  attendance  and  mileage  to  be  computed 
at  the  rate  of  fifteen  cents  per  mile  for  each  mile  necessarily  traveled 
in  attending  court  in  going  only;  in  criminal  cases  such  fees  and  mile- 
age of  said  trial  jurors  in  the  justices'  courts  shall  be  paid  by  the  treas- 
urer of  the  county  out  of  the  general  fund  of  said  county  upon  warrants 
drawn  by  the  county  auditor  upon  the  written  order  of  the  judge  of 
the  court  in  which  said  jury  was  in  attendance  and  the  treasurer  of  said 
county  shall  pay  said  warrants.  The  board  of  supervisors  of  said  county 
is  hereby  directed  to  make  suitable  appropriations  for  the  payments  of 
the  fees  herein  provided  for. 

2n.  Monthly  payments.  All  salaries  provided  for  in  this  article  shall 
lie  paid  out  of  tin"  treasury  of  the  county  in  monthly  installments,  and 
all  fees  shall  be  paid  from  the  county  treasury  as  other  bills  against  the 
county  are  paid.  [Amendment  approved  May  2S,  1917;  Stats.  1917, 
]K  1219.] 

§  4245.  Counties  of  sixteenth  class,  salaries  of  officers.  In  counties  of 
the  sixtffcnMi  class,  the  county  and  townsliip  oflicors  shall  receive,  as  full 
compensation  for  the  services  required  fif  (hem  by  law,  or  l»y  virtue  of 
their  ofTicc,  the  following  salaries: 


-H7  POLJTKJAL    CUDK.  §  4245 

J.  County  clerk.  The  county  clerk,  three  thousand  six  hundred  dollars 
per  auiiuui;  provided,  that  in  counties  of  this  class,  there  shall  be  and 
there  is  hereby  allowed  to  the  county  clerk  the  following  clerks,  deputies 
and  employees  who  shall  be  appointed  by  the  county  clerk  and  shall 
be  paid  salaries  as  follows:  One  chief  deputy  at  a  salary  of  one  hundred 
thirty-five  dollars  per  month;  two  courtroom  deputies  at  a  salary  of  one 
hundred  twenty-five  dollars  each  per  mouth;  one  office  deputy  at  a  salary 
of  one  hundred  dollars  per  month;  one  stenographer  at  a  salary  of  ninety 
dollars  per  month;  one  copyist  at  a  salary  of  seventy  dollars  per  month; 
provided,  further,  that  in  any  year  the  compilation  of  a  registration  of 
voters  is  required  by  law,  or  supplements  to  be  made  thereto,  the  county 
clerk  shall  receive  as  expenses  for  compiling  such  registration  of  voters 
and  making  supplements  thereto,  and  work  incident  to  elections,  the  sum 
of  five  cents  for  each  name  registered,  to  be  paid  upon  the  filing  and 
presentation  of  duly  verified  claims  therefor,  by  the  county  clerk  with 
the  board  of  su^^ervisors  of  said  county;  and  jirovided,  further,  that  in 
any  year  when  a  registration  of  voters  is  required  by  law  or  supplements 
to  be  made  thereto,  the  said  county  clerk  may  appoint  such  number  of 
registration  deputies  as  may  be  necessary  for  the  registration  of  voters 
in  their  respective  precincts,  each  of  said  deputies  to  receive  the  sum  of 
ten  cents  per  name  for  each  elector  registered  by  him;  said  registration 
deputies  to  be  paid  for  their  services  on  the  presentation  and  filing  with 
the  board  of  supervisors  of  said  county,  a  duly  verified  claim  therefor  on 
the  general  fund  of  said  county,  after  proper  allowance  of  said  claim  by 
said  board  of  supervisors;  the  salaries  of  the  deputies,  clerks  and  em- 
ployees herein  provided  for  shall  be  paid  by  said  county  in  monthly  in- 
stallments at  the  same  time  and  in  the  same  manner  and  out  of  the  same  ■ 
fund  as  the  salary  of  the  county  clerk  is  paid;  provided,  further,  that 
the  compensation  for  registration  of  electors  and  compilation  of  the  regis- 
tration of  voters  and  supplements  thereto  as  herein  provided  for,  shall 
not  be  paid  in  monthly  installments  but  shall  be  paid  after  proper  allow- 
ance of  such  claims  by  the  board  of  supervisors  of  said  county. 

2.  Sheriff.  The  sheriff,  five  thousand  dollars  per  annum.  All  mileage 
for  service  of  papers  in  civil  action  arising  either  inside  or  outside  of 
the  county,  excepting  actions  in  which  the  county  is  interested.  All  fees 
for  service  of  papers  in  civil  actions.  All  expenses  incurred  in  criminal 
cases  and  mileage  in  criminal  eases,  for  each  mile  actually  and  neces- 
sarily traveled  by  automobile  twelve  and  one-half  cents  per  mile.  The 
sum  of  thirty-seven  and  one-half  cents  per  day  for  feeding  each  prisoner 
committed  to  his  custody;  provided,  that  in  counties  of  this  class  there 
shall  be  and  there  here'by  is  allowed  to  the  sheriff,  the  following  deputies, 
clerks  and  employees,  who  shall  be  appointed  by  the  sheriff,  and  shall  be 
paid  salaries  as  follows:  One  chief  deputy  sheriff  at  a  salary  of  one  hun- 
<lred  sixty-six  and  seventy -five  one-hundredths  dollars  per  month;  one 
deputy  sheriff  for  the  office  at  a  salary  of  one  hundred  twenty-five  dol- 
lars per  month;  one  depvtty  sheriff  to  act  as  jailer  at  a  salary  of  one  hun- 
dred dollars  per  month;  two  deputy  sheriffs  to  act  as  bailiffs  at  a  salary 
of  one  hundred  dollars  per  month  each,  and  a  stenographer  to  the  sheriff 
at  a  salary  of  ninety  dollars  per  month.  The  salaries  of  the  deputies, 
clerks  and  employees  herein  provided  for  shall  be  paid  by  the  county  in 
27 


§  4245  POLITICAL   CODE.  418 

monthly  installments,  at  the  same  time  and  in  the  same  manner  and  out 
of  the  same  fund  as  the  salary  of  the  sheriff  is  paid. 

3.  Recorder.  The  recorder,  three  thousand  two  hundred  fifty  dollars 
per  annum;  provided,  that  in  counties  of  this  class  there  shall  be  and 
there  is  hereby  allowed  to  the  recorder  the  following  deputies,  clerks  and 
emijloyees,  who  shall  be  appointed  by  the  county  recorder,  and  shall  be 
paid  salaries  as  follows:  One  chief  deputy,  at  a  salary  of  one  hundred 
thirty-five  dollars  per  month;  one  deputy  at  a  salary  of  one  hundred  ten 
dollars  per  month;  two  index  clerks,  at  a  salary  of  seventy-five  dollars 
each  per  month;  three  copyists,  at  a  salary  of  eighty  dollars  each  per 
month;  and  two  copyists  at  a  salary  of  seventy-five  dollars  each  per 
mouth.  The  salaries  of  the  deputies,  clei'ks  and  employees  herein  pro- 
vided for  shall  be  paid  by  the  county  in  monthly  installments,  at  the 
same  time  and  in  the  same  manner  and  out  of  the  same  fund  as  the  sal- 
ary of  the  county  recorder  is  paid. 

4.  Auditor.  The  auditor,  three  thousand  two  hundred  fifty  dollars  per 
annum;  provided,  that  in  counties  of  this  class,  there  shall  be  and  there 
hereb}^  is  allowed  to  the  auditor  the  following  clerks  and  employees,  who 
shall  be  appointed  by  the  county  auditor,  and  shall  be  paid  salaries  as 
follows:  One  deputy  auditor  at  a  salary  of  one  hundred  twenty-five  dol- 
lars per  month  and  a  sum  not  to  exceed  nine  huildred  dollars  in  any  one 
year  for  such  additional  clerk  hire  as  may  be  necessary,  said  clerks  not 
to  secure  a  greater  amount  than  three  dollars  per  day  each.  The  salaries 
of  the  clerks  and  employees  herein  provided  for  shall  be  paid  by  the 
county  in  monthly  installments,  at  the  same  time  and  in  the  same  manner 
and  out  of  the  same  fund  as  the  salary  of  the  county  auditor  is  paid. 
The  auditor  is  further  allowed  a  deputy  who  shall  be  a  qualified  account- 
ant, to  act  as  chief  accountant  provided  that  the  uniform  system  of  ac- 
counting as  devised  by  the  state  board  of  control  is  installed  and  continu- 
ously employed,  who  shall  receive  a  salary  of  one  hundred  fifty  dollars 
j)er  month. 

o.  Treasurer.  The  treasurer,  three  thousand  two  hundred  fifty  dollars 
per  annum;  provided,  that  in  counties  of  this  class  there  shall  be  and 
there  is  hereby  allowed  to  the  treasurer,  one  deputy  treasurer  who  shall 
be  appointed  by  the  treasurer  and  who  shall  receive  a  salary  of  one  hun- 
dred dollars  per  month,  said  salary  to  be  paid  in  monthly  installments,  at 
the  same  time  and  in  the  same  manner  and  out  of  the  same  fund  as  the 
salary  of  the  treasurer  is  paid;  provided,  however,  that  the  bond  of  the 
treasurer  shall  be  executed  with  a  reliable  bonding  and  surety  company 
and  that  the  cost  of  said  bond,  when  dul}'  approved,  shall  be  a  charge 
against  the  county  and  payable  out  of  the  general  fund. 

6.  Tax  collector.  The  tax  collector,  three  thousand  two  hundred  fifty 
dollars  jicr  annum;  provided,  that  in  counties  of  this  class  there  shall  be 
aud  there  hereby  is  allowed  to  the  tax  collector  the  following  clerks, 
deputies  and  employees,  who  shall  be  appointed  by  the  tax  collector,  and 
sli;ill  be  jiaid  salaries  as  follows:  One  deputy  tax  collector  at  a  salary 
nf  one  liiiiidrcd  thirty-five  dollars  per  month;  one  •stenographer  to  the  tax 
collector  at  a  salary  of  ninety  dollars  per  month;  and  such  copyists  as 
the  tax  collector  may  appoint  at  a  salary  of  not  to  exceed  two  and  one- 


419  POLITICAL    CODE.  §  4245 

half  dollars  per  day  caeli;  provided,  however,  that  the  total  amount  of 
salary  and  compensation  paid  to  such  copyists  shall  not  exceed  the  sum 
of  one  thousand  seven  hundred  dollars  per  annum;  one  index  clerk  to  be 
]iaid  not  to  exceed  one  cent  for  each  separate  assessment  appearing  on 
the  rolls  each'  year;  such  copyists  and  index  clerk  to  be  paid  for  their 
services  on  the  presentation  and  filing  with  the  board  of  supervisors  of 
said  county  a  duly  verified  claim  therefor.  The  salaries  of  the  deputies, 
clerks  and  employees  herein  provided  for  shall  be  paid  by  said  county  in 
monthly  installments  at  the  same  time  and  in  the  same  manner  and  out 
of  the  same  fund  as  the  salary  of  the  tax  collector  is  paid;  provided, 
however,  that  the  compensation  of  said  copyists  and  said  index  clerks 
shall  be  paid  on  the  presentation  and  filing  of  claims  with  the  board  of 
supervisors  as  hereinbefore  provided. 

7.  District  attorney.  The  district  attorney,  three  thousand  two  hun- 
dred fifty  dollars  per  annum;  provided,  that  in  counties  of  this  class 
there  shall  be  and  there  hereby  is  allowed  to  the  district  attorney  the 
following  deputies,  clerks  and  employees  who  shall  be  appointed  by  the 
district  attorney,  who  shall  hold  oflfiee  at  the  pleasure  of  the  district 
attorney  and  shall  be  paid  salaries  as  follows:  One  chief  deputy  district 
attorney  at  a  salary  of  two  hundred  dollars  per  month;  one  deputy  dis- 
trict attorney  at  a  salary  of  one  hundred  fifty  dollars  per  month;  and 
one  stenogi'apher  to  the  district  attorney  at  a  salary  of  ninety  dollars 
per  month.  The  salaries  of  the  deputies,  clerks  and  employees  herein 
provided  for  shall  be  paid  by  said  county  in  monthly  installments  at  the 
same  time  and  in  the  same  manner  and  out  of  the  same  fund  as  the  sal- 
ary of  the  district  attorney  is  paid.  The  district  attorney  shall  be 
allowed  twelve  and  one-half  cents  per  mile  without  any  constructive  mile- 
age for  his  expenses  for  traveling,  necessarily  done  by  automobile;  and 
his  actual  traveling  expenses  when  he  travels  by  rail. 

S.  Superintendent  of  schools.  The  superintendent  of  schools,  three 
thousand  two  hundred  fifty  dollars  per  annum;  provided,  that  in  counties 
of  this  class  there  shall  be  and  there  hereby  is  allowed  to  the  superintend- 
ent of  schools,  one  deputy  superintendent  of  schools,  who  shall  be  ap- 
pointed by  the  superintendent  of  schools,  and  shall  be  paid  a  salary  of 
one  hundred  dollars  per  month;  one  field  deputy  superintendent  of 
schools,  who  shall  be  appointed  by  the  superintendent  of  schools,  to  assist 
the  superintendent  of  schools  in  the  discharge  of  his  duty  in  visiting  and 
examining  schools,  as  provided  by  the  state  law,  and  it  shall  be  his  duty 
to  make  written  report  of  his  examination,  to  be  transmitted  by  the 
superintendent  of  schools  to  each  trustee  of  all  districts  so  examined. 
Said  field  deputy  shall  receive  a  salajy  of  two  thousand  dollars  per  an- 
num, necessary  and  traveling  expenses  not  to  exceed  four  hundred  dollars 
per  annum;  the  salary  of  the  deputies  herein  provided  for  shall  be  paid 
by  said  county  in  monthly  installments,  at  the  same  time  and  in  the  same 
manner  and  out  of  the  same  fund  as  the  salary  of  the  superintendent  of 
schools  is  paid. 

9.  Assessor.  The  assessor,  five  thousind  dollars  per  annum;  pro- 
vided, that  in  counties  of  this  class  there  shall  be  and  there  hereby  is 
allowed  to  the  assessor  the  following  clerks,  deputies  and  emploj-ees, 
who  shall   be   appointed  by   the   assessor,   and   shall  be   paid   salaries   as 


§  4245  POLITICAL   CODE.  420 

follows:  Two  deputy  assessors  at  a  salary  of  one  hundred  thirty-five 
dollars  per  month  each;  three  field  deputy  assessors  to  hold  office  dur- 
ing not  to  exceed  five  months  each  in  any  one  year  at  a  salary  of  one 
hundred  twenty-five  dollars  per  month  each;  one  field  deputy  assessor 
to  hold  office  not  to  exceed  five  months  in  any  one  year  at  a  salary 
of  one  hundred  dollars  per  month;  one  transfer  deputy  at  a  salary  of 
ninety  dollars  per  month  and  such  additional  dejjuty  assessors  and 
clerks  as  the  assessor  may  appoint  at  a  salary  not  to  exceed  five  dol- 
lars per  day  each,  not  to  exceed  the  sum  of  two  thousand  dollars  per  an- 
num, and  a  sum  not  to  exceed  four  hundred  dollars  per  annum  for  traveling 
expenses,  for  field  work;  said  additional  deputies  and  clerks  to  be  paid 
for  their  services  on  the  presentation  and  filing  with  the  board  of  sup- 
visors  of  said  county  a  duly  verified  claim  therefor.  The  salaries  of 
the  deputies,  clerks  and  employees  herein  provided  for  shall  be  paid 
by  said  county  in  monthly  installments,  at  the  same  time  and  in  the 
same  manner  and  out  of  the  same  fund  as  the  salary  of  the  assessor 
is  paid;  provided,  however,  that  the  compensation  of  said  additional 
deputy  assessors,  at  a  salary  of  not  to  exceed  five  dollars  per  day,  shall 
be  paid  on  the  presentation  and  filing  of  claims  with  the  board  of  su- 
pervisors as  hereinbefore  provided;  provided,  however,  that  in  counties 
of  this  class  the  assessor  shall  receive  no  compensation  or  commissions 
for  the  collection  of  personal  property  taxes,  nor  shall  such  assessor 
receive  any  compensation  or  commission  for  making  out  the  military 
roll  of  persons  returned  by  him  as  subject  to  military  duty  as  provided 
by  section  one  thousand  nine  hundred  one  of  the  Political  Code. 

10.  Coroner.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law;  provided,  however,  that  in  counties  of  this  class  there 
shall  be  and  there  hereby  is  allowed  to  the  county  coroner  one  sten 
ographer  to  the  coroner  to  be  appointed  by  him  at  a  salary  of  seventy 
five  dollars  per  month.  The  salai'y  of  the  stenographer  herein  provided 
for  shall  be  paid  by  said  county  in  monthly  installments,  at  the  same 
time  and  in  the  same  manner  and  out  of  the  same  fund  as  the  salaries 
of  the  county  officers  are  paid.  All  subpoenas  or  processes  issued  by 
said  coroner  may  be  served  by  any  peace  officer  and  fees  for  such  ser- 
vice shall  be  paid  as  provided  by  law. 

11.  Public  administrator.  Public  administrator,  such  fees  as  are  now 
or  may  be  hereafter  allowed  by  law. 

12.  Surveyor.  The  surveyor,  three  thousand  two  hundred  fifty  dollars 
2)er  annum  and  in  addition  thereto  he  shall  by  and  with  the  approval 
of  the  board  of  supervisors  be  allowed  his  actual,  reasonable  and  neces- 
sary expenses  when  engaged  in  the  field  or  in  the  office  in  the  discharge 
of  his  official  duties;  and  shall  have  such  field  and  office  assistants,  as 
he  may  need  by  and  with  the  approval  of  the  board  of  supervisors,  to 
be  paid  as  follows:  Assistant  surveyors  at  not  to  exceed  six  dollars  per 
day,  office  and  transit  men  at  not  to  exceed  six  dollars  per  day  and 
chainmen  at  not  to  exceed  three  dollars  per  day.  The  assistant  sur- 
veyors, office  and  transit  men,  chainmen  and  other  employees  herein 
provided  for  shall  be  appointed  by  the  county  surveyor  and  their  sal- 
aries shall   be   iciid   by  sjiid   c(Hnity   in   ('(pial  monthly   installments  at  the 


421  POLITICAL    CODE.  §  4245 

same   time  and   in   the   same   manner  and   out  of   the   same   fund   as  ar*' 
the  salaries  of  county  officers  of  counties  of  this  class. 

13.  Justices  of  the  peace.  Justices  of  the  peace  shall  receive  the 
following  monthly  salaries  to  be  paid  each  month  as  the  salaries  of 
county  officers  are  paid  which  shall  be  in  full  for  all  services  rendered 
by  them  in  criminal  cases:  (1)  in  townships  having  a  population  of  ten 
thousand  or  more,  one  hundred  seventy-five  dollars  per  month;  (2)  in 
townships  having  a  population  of  three  thousand  or  more,  one  hundred 
dollars  a  month;  (3)  in  townships  having  a  population  of  two  thousand 
five  hundred  or  more  and  less  than  three  thousand,  fifty  dollars  a  month; 
(4)  in  townships  having  a  population  of  two  thousand  or  more  and  less 
than  two  thousand  five  hundred,  forty -five  dollars  a  month;  (5)  in 
townships  having  a  population  of  one  thousand  two  hundred  or  more 
and  less  than  two  thousand,  forty  dollars  a  month;  (6)  in  townships 
having  a  population  of  one  thousand  or  more  and  less  than  one  thousand 
two  hundred,  twenty  dollars  a  month;  (7)  in  townships  having  a  population 
of  four  hundred  fifty  or  more  and  less  than  one  thousand,  fifteen  dol- 
lars a  month;  (8)  in  townships  having  a  population  of  less  than  four 
hundred  fifty,  five  dollars  per  month.  Each  justice  must  pay  into  the 
county  once  a  month,  all  fines  and  fees  collected  by  him  in  criminal 
and  civil  cases,  and  the  auditor  must  withhold  warrants  for  salary  until 
a  certified  statement  has  been  filed  with  him  of  all  criminal  and  civil 
cases  tried  or  filed  and  fines  and  foes  collected  and  paid  into  the  county 
treasury.  In  addition  to  the  monthly  salary  allowed  herein,  each  jus- 
tice may  receive  as  expenses  for  maintaining  his  office  such  sum  as  may 
be  necessary  not  to  exceed  twenty  per  cent  of  the  amount  allowed  him 
as  salary. 

14.  Constables.  Constables  shall  receive  the  following  salaries  to  be 
paid  each  month  as  salaries  of  county  officers  are  paid,  which  shall  be 
in  full  for  all  services  rendered  by  them  in  criminal  cases:  (1)  In  town- 
ships having  a  population  of  three  thousand  or  more,  one  hundred 
twenty-five  dollars  per  month;  (2)  in  townships  having  a  population  of 
two  thousand  five  hundred  or  more  and  less  than  three  thousand,  eighty 
dollars  a  month;  (3)  in  townships  having  a  population  of  two  thou- 
sand or  more  and  less  than  two  thousand  five  hundred,  seventy-seven 
and  one-half  dollars  a  month;  (4)  in  townships  having  a  population 
of  one  thousand  two  hundred  or  more  and  less  than  two  thousand, 
seventy-five  dollars  a  month;  (5)  in  townships  having  a  population  of 
one  thousand  or  more  and  less  than  one  thousand  two  hundred,  thirty- 
five  dollars  a  month;  (6)  in  townships  having  a  population  of  four 
hundred  fifty  or  more  and  less  than  one  thousand,  twenty-five  dollars 
a  month;  (7)  in  townships  having  a  population  of  less  than  four  hun 
dred  fifty,  five  dollars  a  month;  provided,  further,  that  in  addition  to 
the  salary  herein  allowed,  each  constable  shall  be  paid  out  of  the  treas- 
ury of  the  county  for  traveling  exjaenses  outside  of  his  own  townships, 
for  service  of  a  warrant  of  arrest  or  any  other  paper  in  a  criminal 
case  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law.  For 
serving  a  coroner's  subpoena  the  same  fees  and  mileage  as  are  now 
or  may  hereafter  be  allowed  by  law  for  the  service  of  a  subpoena  issued 
out  of  a  justice's  court.     For  summoning  of  a  coroner's  jury  the  same  fees 


§  4:246  POLITICAL   CODE.  422 

as  are  now  or  may  be  hereafter  allowed  for  summoning  a  jury  in  a  civil 
action  in  the  justice's  court.  For  transporting  prisoners  to  the  county 
jail,  the  expenses  of  such  transportation.  In  addition  to  the  monthly 
salaries  allowed  him  herein,  each  constable  may  receive  for  his  own 
use  in  civil  cases  the  fees  allowed  by  law. 

15.  Population  of  townships.  The  population  of  the  several  judicial 
townships,  for  the  p)urpose  of  fixing  the  compensation  of  township  of- 
ficers, shall  be  ascertained  and  declared  by  the  board  of  suervisors 
in  the  month  of  September,  1917,  and  in  the  mouth  of  September  every 
four  years  thereafter. 

16.  Board  of  supervisors.  Each  member  of  the  board  of  supervisors 
one  thousand  five  hundred  dollars  per  annum  for  personal  services  per- 
formed by  him  as  supervisor,  member  of  the  board  of  equalization,  and 
road  commissioner.  Each  supervisor  shall  also  receive  as  expenses,  as 
supervisor  and  road  commissioner  not  to  exceed  twenty  cents  per  mile 
each  way  for  traveling  to  and  from  his  residene  while  engaged  in  the 
performance  of  the  duties  of  supervision  of  public  roads  as  road  com- 
missioner, or  other  business  of  the  county,  said  expenses  not  to  exceed 
fifty  dollars  in  any  one  month. 

21.  Bonds.  The  bonds  of  county  officers,  their  assistants,  deputies, 
and  employees  such  as  required  by  law  to  be  furnished,  when  executed 
with  a  reliable  bond  and  surety  company,  the  cost  of  said  bond,  when 
duly  approved,  shall  be  a  charge  against  the  county  payable  out  of 
the  general  fund. 

22.  Expenses.  Actual,  reasonable  and  necessary  expenses  shall  be 
allowed  all  the  officers  of  the  county  in  the  discharge  of  their  official 
duties.  Detailed  expense  accounts  must  be  rendered  on  the  first  day 
of  each  month  for  the  expenses  incurred  within  the  previous  month. 
For  traveling  necessarily  done  by  automobile  an  officer  shall  be  allowed 
mileage  at  the  rate  of  twelve  and  one-half  cents  i)er  mile  without  anj^ 
constructive  mileage,  except  as  herein  otherwise  provided.  [Amendment 
approved  May  2(5,  1917;  Stats.  1917,  p.  97S.J 

§  4246.  Counties  of  seventeenth  class,  salaries  of  officers.  In  counties 
of  the  seventeenth  class  the  county  officers  shall  receive  as  compensation 
for  services  required  of  them  bj-  law  or  by  virtue  of  their  offices,  the 
following  salaries,  to  wit: 

].  County  clerk.  The  county  clerk,  three  thousand  dollars  per  annum; 
pro\id(;(l,  that  in  counties  of  this  class  there  shall  be  and  there  hereby 
is  allowed  to  the  county  clerk  the  following  deputies  who  shall  be  ap- 
pointed by  the  county  clerk  and  shall  be  paid  salaries  as  follows:  One 
deputy  clerk,  at  a  salary  of  one  thousand  six  hundred  dollars  per  an- 
num; one  deputy  clerk,  at  a  salary  of  one  thousand  five  hundred  dollars 
per  aiiiiiiiii;  and  one  dejjuty  clerk,  at  a  salary  of  one  thousand  dollars 
per  annum.  The  salaries  of  tlie  deputies  herein  provided  for  shall  be 
paid  by  said  county  in  equal  monlhly  installments  at  the  same  time 
and  in  the  same  manner  and  out  of  the  same  funds  as  the  salary  of 
the  county  clerk.  There  shall  be  and  hereby  is  allowed  to  the  county 
clerk  for  the  making  of  a  complete  registration  of  voters  and  of  revis- 


423  POLITICAL   CODE,  §  4246 

ing  the  same  from  .time  to  time,  as  required  by  law,  such  additional 
clerks  and  assistants  as  he  may  require  and  whose  compensation  in  the 
aggregate  shall  not  exceed  one  thousand  dollars  in  any  one  year,  and 
he  shall  also  receive  an  additional  sum  of  seven  and  one-half  cents  per 
name  for  each  affidavit  for  registration  taken  outside  of  the  office  by 
deputy  registration  clerks,  claims  for  the  services  of  such  additional 
clerks  and  assistants  and  for  registrations  outside  of  his  office  shall  be 
presented  to  ancJ  allowed  by  the  board  of  supervisors  as  other  claims 
against  the  county  are  presented  and  allowed. 

2.  Sheriff.  The  sheriff,  four  thousand  dollars  per  annum;  provided, 
that  in  counties  of  this  class  there  shall  be  and  hereby  is  allowed  to 
the  sheriff  two  deputies,  whose  offices  are  hereby  created  and  who  shall 
be  api^ointed  by  the  sheriff;  one  at  a  salary  of  one  hundred  twenty-five 
dollars  per  month;  and  one  at  a  salary  of  ninety  dollars  per  month. 
The  salaries  of  said  deputies  shall  be  paid  by  said  county  at  the  same 
time  and.  in  the  same  manner  and  out  of  the  same  funds  as  the  salary 
of  the  sheriff  is  paid;  provided,  further,  that  there  shall  be  allowed  the 
said  sheriff  and  his  deputies  the  actual  traveling  expenses  in  attending 
to  the  duties  of  the  office  both  civil  and  criminal,  including  his  neces- 
sary expenses  for  pursuing  criminals  or  transacting  any  criminal  busi- 
ness. All  fees,  commissions  and  mileage  shall  be  turned  over  to  the 
county  and  become  the  property  of  the  county. 

3.  Recorder.  The  recorder,  two  thousand  eight  hundred  dollars  per 
annum;  provided,  that  in  counties  of  this  class  there  shall  be  and  is 
hereby  allowed  to  the  recorder  the  following  deputies,  who  shall  be 
appointed  by  the  recorder  and  shall  be  paid  salaries  as  follows:  One 
chief  deputy  at  a  salary  of  ninety  dollars  per  month,  and  two  dejsuties 
at  a  salary  of  seventy-five  dollars  per  month  each,  said  salai'ies  to  be 
paid  by  said  counties  in  monthly  installments  at  the  same  time  and  in 
the  same  manner  and  out  of  the  same  funds  as  the  salary  of  the 
recorder  is  paid. 

4.  Auditor.  The  auditor,  two  thousand  five  hundred  dollars  per  an- 
num; provided,  that  in  counties  of  this  class  there  shall  be  and  is 
hereby  allowed  to  the  auditor  one  chief  deputy,  who  shall  be  appointed 
by  the  auditor  and  paid  a  salary  of  one  hundred  dollars  per  month,  said 
salary  to  be  paid  by  the  county  in  monthly  installments  at  the  same 
time  and  in  the  same  manner  and  out  of  the  same  funds  as  the  salarj' 
of  the  auditor  is  paid;  provided,  also,  that  in  counties  of  this  class 
there  shall  be  and  hereby  is  allowed  to  the  auditor  such  additional  clerks 
and  assistants  as  the  auditor  may  require,  and  whose  compensation 
in  the  aggregate  shall  not  exceed  five  hundred  dollars  in  any  one  year. 
Claims  for  the  services  of  such  additional  clerks  and  assistants  to  be 
allowed  and  paid  as  other  claims  against  the  county  are  allowed  and 
paid. 

5.  Treasurer.  The  treasurer,  one  thousand  five  hundred  dollars  per 
annum. 

6.  Tax  collector.  The  tax  collector,  two  thousand  five  hundred  dol- 
lars  per   annum,   which   shall   be   in   full   compensation   for   all    services 


§  4246  POLITICAL   CODE.  424 

rendered  by  hiia;  provided,  that  in  counties  of  this  class  there  shall  be 
and  hereby  is  allowed  to  the  tax  collector  one  deputy  who  shall  be 
appointed  by  said  tax  collector,  at  a  salary  of  one  thousand  two  hun- 
dred dollars  per  annum,  said  salary  to  be  paid  by  said  county  in  monthly 
installments  at  the  same  time,  in  the  same  manner  and  out  of  the  same 
funds  as  the  salary  of  the  tax  collector  is  paid;  also  provided,  that  the 
said  tax  collector  shall  be  allowed  such  additional  clerks  and  assistants 
as  he  may  require  and  whose  compensation  in  the  aggregate  shall  not 
exceed  the  sum  of  two  hundred  dollars  in  any  one  year.  Claims  for 
services  of  such  additional  clerks  and  assistants  to  be  allowed  and  paid 
as  other  claims  against  the  county  are  paid.  All  commissions  and  fees 
of  whatever  character  of  the  tax  collector  shall  be  paid  into  the  county 
treasury. 

7.  Assessor.  The  assessor,  two  thousand  five  hundred  dollars  per 
annum,  which  shall  be  in  full  compensation  for  all  services  rendered  by 
him;  provided,  that  in  counties  of  this  class  there  shall  be  and  is  hereby 
allowed  to  the  assessor  two  office  deputies,  one  for  a  period  of  twelve 
months  during  each  fiscal  year,  who  shall  be  appointed  by  said  assessor 
and  be  paid  a  salary  tif  one  hundred  dollars  per  month;  and  one  for  a 
period  of  seven  months  during  each  fiscal  year,  who  shall  be  appointed 
by  said  assessor  and  be  paid  a  salary  of  seventy-five  dollars  per  month;, 
provided,  also,  that  in  the  counties  of  this  class  there  shall  be  and  is 
hereby  allowed  to  the  assessor  the  following  field  deputies;  Two  for  a 
period  of  four  months  each  during  each  fiscal  year,  who  shall  be  ap- 
pointed by  the  assessor  and  be  paid  a  salary  of  two  hundred  dollars  per 
month  each;  two  for  a  period  of  four  months  each  during  each  fiscal 
year,  who  shall  be  appointed  by  the  assessor  and  be  paid  a  salary  of 
one  hundred  twenty-five  dollars  per  month  each,  and  one  for  a  period 
of  four  months  during  each  fiscal  year,  who  shall  be  appointed  by  the 
assessor  and  be  paid  a  salary  of  sixty  dollars  per  month;  said  salaries 
to  be  paid  by  said  county  in  monthly  installments  at  the  same  time  and 
in  the  same  manner  and  out  of  the  same  funds  as  the  salary  of  the 
assessor  is  paid;  and  provided,  further,  that  said  assessor  shall  be  al- 
lowed such  additional  clerks  and  assistants  as  he  may  require  and  whose 
compensation  in  the  aggregate  shall  not  exceed  the  sum  of  one  thousand 
dollars  in  any  one  year.  Claims  for  the  services  of  such  additional 
clerks  and  assistants  to  be  allowed  and  paid  as  other  claims  against 
the  county  are  paid;  and  provided,  further,  that  the  assessor  shall  be 
allowed  his  actual  traveling  expenses  including  the  expense  of  operating 
and  maintaining  an  automobile,  when  engaged  in  attending  to  official 
business  not  exceeding  the  sum  of  two  hundred  dollars  in  any  one  year, 
claims  for  whiih  (>xpenses  shall  li«'  allowed  and  paid  as  other  claims 
against  the  county  aic  allowed  and  |i;iid,  hut  if  the  county  shall  provide 
and  maintain  an  automohile  for  tlic  use  of  the  assessor's  office  no  trans- 
portation exjienses  shall  ln'  ;ili<i\vc(|  the  assessor  or  his  deputies  when 
traveling  in  the  I'ounty.  .Ml  commissions  on  personal  property  tax  col- 
lections and  any  otlicr  c'miniissions  or  fees  heretofore  or  now  allowed 
bv  law  to  the  assessor,  shall  be  paid   by  him  into  the  county  treasury. 

'v.  District  attorney.  Tlu'  ilistiiri  atlornry,  two  thousand  five  hundred 
rldlhus  per  anniiiii;   pro\idrd,  1li;it    in  ((inntics  nf  this  class  there  shall  be 


425  POLITICAL   CODE.  §  4246 

and  is  hereby  allowed  to  the  district  attorney  the  following  deputies, 
who  shall  be  appointed  by  the  district  attorney  and  shall  be  paid  sal- 
aries as  follows:  One  chief  deputy  at  a  salary  of  one  hundred  dollars 
per  month;  one  deputy  at  a  salary  of  seventy-five  dollars  per  month  and 
one  deputy  at  a  salary  of  fifty  dollars  per  month;  said  salaries  to  be 
paid  by  said  county  in  monthly  installments  at  the  same  time  and  in 
the  same  manner  and  out  of  the  same  funds  as  the  salary  of  the  district 
attorney  is  paid. 

9.  Coroner.  The  coroner,  such  fees  as  are  now  or  may  lie  hereafter 
allowed  by  law. 

10.  Public  administrator.  The  public  administrator,  such  fees  as  arc 
now  or  may  be  hereafter  allowed  by  law. 

11.  Superintendent  of  schools.  The  superintendent  of  schools,  two 
tliousand  dollars  per  annum,  and  actual  traveling  expenses  when  visiting 
the  schools  of  his  or  her  county;  provided,  that  in  counties  of  this  class 
there  shall  be  and  is  hereby  allowed  to  the  superintendent  of  schools 
one_  deputy,  who  shall  be  appointed  by  the  superintendent  of  schools  and 
paid  a  salary  of  ninety  dollars  per  month,  said  salary  to  be  paid  by  said 
county  in  monthly  installments,  and  at  the  same  time  and  in  the  same 
manner  and  out  of  the  same  funds  as  the  salary  of  the  superintendent 
of  schools  is  paid. 

12.  Surveyor.  The  county  surveyor,  for  all  services  required  of  him 
as  county  surveyor  and  also  for  all  services  which  may  be  required  of 
him  as  a  road  engineer,  shall  receive  one  thousand  five  hundred  dollars 
per  annum  and  necessary  costs  of  transportation  to  and  from,  and 
necessary  expenses  in  the  field  while  engaged  on  public  work;  provided, 
that  in  counties  of  this  class  there  shall  be  and  there  is  hereby  allowed 
the  county  surveyor  one  deputy  who  shall  be  appointed  by  said  county 
surveyor  at  a  salary  of  ninety  dollars  per  month,  to  be  paid  at  the 
same  time  and  in  the  same  manner  and  out  of  the  same  funds  as  the 
salary  of  the  county  surveyor  is  paid;  provided,  further,  that  whenever 
said  surveyor  is  directed  by  the  assessor  to  plat,  trace  or  otherwise 
prepare  maps,  plats  or  block-books  for  the  use  of  the  county  assessor 
without   charge,  or   extra    compensation  therefor. 

13.  Justices  of  the  peace.  The  justices  of  the  peace  shall  receive  the 
following  monthly  salaries,  to  Tae  paid  each  month  in  the  same  manner 
and  at  the  same  time  and  out  of  the  same  funds  as  other  county  officers 
are  paid,  which  shall  be  in  full  for  all  services  rendered  by  them  in 
civil  and  criminal  eases:  In  Townships  having  a  population  of  more 
than  ten  thousand,  ninety  dollars  per  month;  in  townships  having  a 
population  of  three  thousand  five  hundred  and  not  over  ten  thousand, 
seventj'-five  dollars  jier  month;  in  townships  having  a  population  of  two 
thousand  and  not  over  three  thousand  five  hundred,  fifty  dollars  per 
month;  in  townships  under  two  thousand  population,  twenty-five  dollars 
per  month;  provided,  that  in  townships  where  there  have  been  no  jus- 
tices of  the  peace  appointed  or  elected  for  two  years  preceding,  justices 
or  the  peace  shall  be  allowed  such  foes  as  are  now  or  may  hereafter  be 
allowed  by  law  in  criminal  cases.     For  the  purposes  of  this  section  the 


§  4247  POLITICAL    CODE.  426 

population  of  townships  in  counties  of  this  class  is  hereby  determined  to 
be  the  population  of  such  townships  as  shown  by  the  federal  census 
taken  in  the  year  A.  D.  1910. 

14.  Constables.  Constables  shall  receive  the  following  monthly  sala- 
ries, to  be  paid  each  month  and  in  the  same  manner  and  at  the  same 
time  and  out  of  the  same  funds  as  other  county  officers  are  paid,  which 
!-hall  be  in  full  for  all  services  rendered  by  them  in  criminal  cases:  In 
townshijjs  having  a  population  of  more  than  ten  thousand,  seventy-tive 
dollars  per  month;  in  townships  having  a  population  of  three  thousand 
live  hundred  and  not  over  ten  thousand,  seventy  dollars  per  month;  in 
townships  having  a  population  of  two  thousand  and  not  over  three 
thousand  five  hundred,  forty  dollars  per  month;  in  townships  having  a 
population  of  under  two  thousand,  twenty-five  dollars  per  month;  pro- 
vided, that  in  townships  where  there  have  been  no  constables  appointed 
or  elected  for  two  years  preceding,  constables  shall  be  allowed  such 
fees  as  are  now  or  may  hereafter  be  allowed  by  law  in  criminal  eases. 
In  addition  to  the  above  compensation  received  in  criminal  cases,  each 
constable  may  receive  and  retain  for  his  own  use  such  fees  as  are  now 
or  may  hereafter  be  allowed  by  law  for  all  services  performed  by  him 
in  civil  cases.  Constables  shall  also  be  allowed  all  necessary  expenses 
incurred  in  conveying  prisoners.  For  th^  purposes  of  this  section  the 
population  of  townships  in  counties  of  this  class  is  hereby  determined 
to  be  tlie  population  of  such  townships  as  shown  by  the  federal  census 
taken  in  the  year  A.  D.  1910. 

15.  Supervisors.  Each  supervisor  for  all  services  required  of  Mm  as 
supervisor  and  ex-officio  road  commissioner,  one  thousand  five  hundred 
dollars  per  annum  and  twenty  cents  per  mile  for  traveling  from  his 
residence  to  the  county  seat  to  attend  meetings  of  the  board  of  super- 
visors. No  other  mileage  or  remuneration,  and  no  traveling  expenses 
shall  be  allowed.  [Amondment  approved  May  28,  1917;  Stats.  1917, 
p.   lOlJ.'i.] 

§  42^7.  Counties  of  eighteenth  class,  salaries  of  officers.  In  counties 
of  the  eighteenth  class  the  county  officers  shall  receive,  as  compensa- 
tion for  services  required  of  them  by  law  or  by  virtue  of  their  offices, 
the  following  salaries,  to  wit: 

1.  County  clerk.  The  county  clerk,  three  thousand  three  hundred 
dollars  per  annum,  and  such  fees  as  arc  allowed  by  law  for  issuing 
hunting  and  fishing  licenses,  and  for  the  naturalization  of  persons  desir- 
ing to  become  citizens;  also  five  hundred  dollars  additional  per  year  for, 
the  registration  of  voters.  He  shall  also  be  allowed  to  appoint  one 
chief  deputy,  which  office  of  chief  deputy  is  hereby  created,  who  shall 
receive  as  compensation  the  sum  of  one  thousand  five  hundred  dollars 
per  annum,  payable  out  of  the  same  fund  and  in  the  same  manner  as 
the  salaries  of  other  county  officers  are  jjaid;  and  provided,  further, 
that  in  any  year  when  a  registration  of  voters  is  required  by  law,  that 
said  county  clerk  may  appoint  such  number  of  deputies,  who  are  hereby 
designated  and  shall  be  known  as  registration  deputies,  with  full  power 
to  register  electors  as  may  be  necessary  for  the  convenient  registration 


427  POLITICAL  CODE.  §  4247 

of  voters  in  their  respective  precincts  or  townships,  each  of  said  regis- 
tration deputies  to  receive  the  sum  of  ten  cents  per  name  for  each 
elector  registered  by  him.  The  compensation  of  such  registration  depu- 
ties for  such  registration  of  electors  shall  be  paid  out  of  the  general 
fund  of  the  county  on  a  duly  verified  claim  therefor  approved  by  said 
county  clerk  and  allowed  by  the  board  of  supervisors  of  said  county. 

2.  Sheriff.  The  sheriff,  four  thousand  five  hundred  dollars  per  annum, 
and  the  fees  or  commissions  for  the  service  of  all  papers  whatsoever 
issued  by  any  court  outside  of  the  superior  court  in  and  for  his  county. 
He  shall  appoint  a  jailer  to  take  charge  of  the  branch  county  jail,  at 
a  salary  of  nine  hundred  dollars  per  annum,  an  under-sheriff  at  a  salary 
of  one  thousand  five  hundred  dollars  per  annum,  a  deputy  jailer  at  a 
salary  of  one  thousand  two  hundred  dollars  per  annum,  who  shall  act 
as  a  jailer  for  the  county  jail,  and  a  deputy  jailer  who  shall  be  cus- 
todian of  the  courthouse  grounds  at  a  salary  of  one  thousand  two  hun- 
dred dollars  per  annum,  and  the  salaries  of  which  deputies  shall  be  paid 
by  the  county  in  the  same  manner  and  out  of  the  same  fund  as  the 
salaries  of  other  county  officers  are  paid. 

3.  Recorder.  The  recorder,  two  thousand  four  hundred  dollars  per 
annum.  He  shall  also  be  allowed  one  deputy  which  office  of  deputy 
recorder  is  hereby  created,  who  shall  receive  as  compensation  the  sum 
of  one  thousand  five  hundred  dollars  per  annum,  payable  out  of  the 
same  fund  and  in  the  same  manner  as  the  salaries  of  other  county 
officers  are  paid.  He  shall  also  be  allowed  two  copyists  which  two 
offices  of  copyists  are  hereby  created,  who  shall  receive  as  compensation 
the  sum  of  seven  hundred  eighty  dollars,  each  per  annum,  payable  out 
of  the  same  fund  and  in  the  same  manner  as  the  salaries  of  other  county 
officers  are  paid. » 

4.  Auditor.  The  auditor,  two  thousand  four  hundred  dollars  and 
such  fees  as  are  allowed  by  law.  The  auditor  shall  also  be  allowed  one 
deputy  auditor  which  office  of  deputy  auditor  is  hereby  created,  who 
shall  receive  as  compensation  the  sum  of  one  thousand  five  hundred  dol- 
lars per  annum,  payable  out  of  the  same  fund  and  in  the  same  manner 
as  the  salaries  of  other  county  officers  are  paid. 

5.  Treasurer.  The  treasurer,  two  thousand  eight  hundred  dollars  per 
annum.  He  shall  also  be  allowed  one  deputy  which  office  of  deputy 
treasurer  is  hereby  created,  who  shall  receive  as  compensation  the  sum 
of  one  thousand  five  hundred  dollars  per  annum,  payable,  out  of  the 
same  fund  and  in  the  same  manner  as  the  salaries  of  other  county 
officers  are  paid. 

6.  Tax  collector.  The  tax  collector,  three  thousand  dollars  per  an- 
num. He  shall  also  be  allowed  one  deputy,  which  office  of  deputy  tax 
collector  is  hereby  created,  who  shall  receive  as  compensation  the  sum 
of  nine  hundred  dollars  per  annum,  payable  out  of  the  same  fund  and 
in  the  same  manner  as  the  salaries  of  the  other  county  officers  are  paid. 

7.  Assessor.  The  assessor,  four  thousand  dollars  per  annum.  He  shall 
also  be  allowed  one  deputy  which  office  of  deputy  is  hereby  created,  who 
shall   receive    as    compensation   one    thousand   five    hundred    dollars    per 


§  4247  POLITICAL   CODE.  428 

annum,  payable  out  of  the  same  fund  and  in  the  same  manner  as  the 
salaries  of  other  county  officers  are  paid.  The  assessor  shall  also  be 
allowed  all  fees  and  commissions  allowed  him  by  law  for  collection  of 
personal  property  taxes  and  for  preparation  of  roll  of  persons  subject 
to  military  duty. 

8.  District  attorney.  The  district  attorney,  two  thousand  seven  hun- 
dred dollars  per  annum.  The  district  attorney  shall  also  be  allowed 
one  stenographer,  which  office  of  stenographer  is  hereby  created,  who 
shall  receive  as  compensation  the  sum  of  one  thousand  twenty  dollars 
per  annum,  payable  out  of  the  same  fund  and  in  the  same  manner  as 
the  salaries  of  other  county  officers  are  paid. 

9.  Coroner.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law. 

10.  Public  administrator.  The  public  administrator,  eight  hundred 
dollars  per  annum. 

11.  Superintendent  of  schools.  The  superintendent  of  schools,  two 
thousand  four  hundred  dollars  per  annum,  and  actual  traveling  expenses 
when  visiting  the  schools  in  his  county;  provided,  the  superintendent  of 
schools  may  appoint  one  assistant  superintendent  of  schools,  which  office 
of  assistant  superintendent  of  schools  is  hereby  created,  who  shall  re- 
ceive as  compensation  the  sum  of  one  thousand  twenty  dollars  per 
annum,  payable  at  the  same  time  and  in  the  same  manner  as  the  salaries 
of  other  county  officers  are  paid. 

12.  Surveyor.  The  surveyor  shall  receive  ten  dollars  per  diem  for 
each  day  actually  employed  in  the  performance  of  his  duties  as  a 
county  officer,  and  in  addition  thereto  all  necessary  expenses,  such  as 
transportation  and  'pay  of  help  which  may  be  necessary  for  the  per- 
formance of  county  duties. 

13.  Justices  of  the  peace.  Justices  of  peace,  the  following  monthly 
salaries,  to  be  paid  each  month  as  the  salaries  of  county  officers  are 
paid,  which  shall  be  in  full  for  all  services  rendered  by  them  in  criminal 
cases:  In  townships  having  a  population  of  six  thousand  or  more,  one 
hundred  dollars  per  month;  in  townships  having  a  population  of  two 
thousand  four  hundred  and  less  than  six  thousand,  seventy-five  dollars; 
in  townships  having  a  population  of  two  thousand  and  less  than  two 
thousand  four  hundred,  sixty-five  dollars;  in  townships  having  a  popula- 
tion of  one  thousand  five  hundred  and  loss  than  two  thousand,  fifty-five 
dollars;  in  townships  having  a  population  of  one  thousand  and  less  than 
one  tjiousand  five  hundred,  thirty  dollars;  in  townships  having  a  popula- 
tion of  eight  hundred  and  less  than  one  thousand,  twenty  dollars;  in 
townships  having  a  population  of  five  hundred  and  less  than  eight  hun- 
ilrcd,  fifteen  dollars;  in  townsiiips  having  a  population  of  less  than  five 
hundred,  ten  dollars.  Each  justice  must  pay  into  the  county  treasury, 
once  a  month,  all  fines  and  fees  collected  by  him  in  criminal  and  civil 
cases  as  provided  for  by  law. 

14.  Constables.  Constables,  the  following  salari(>s  which  shall  bo  ])aid 
iDOiithJy   as  salaries  of  the   coiiiity  officers  are   paid,  and   which   shall  be 


429  POLITICAL  CODE.  §  4248 

in  full  for  all  services  rendered  by  them  in  criminal  cases,  to  wit:  In 
townships  having  a  population  of  one  thousand  eight  hundred  and 
more,  one  hundred  dollars;  in  townships  having  a  population  of  one 
thousand  five  hundred  and  less  than  one  thousand  eight  hundred,  eighty 
dollars;  in  townships  having  a  population  of  one  thousand  and  less  than 
one  thousand  five  hundred,  fifty  dollars;  in  townships  having  a  popula- 
tion of  eight  hundred  and  less  than  one  thousand,  thirty  dollars;  in 
townships  having  a  population  of  five  hundred  and  less  than  eight  hun- 
dred, fifteen  dollars;  in  townships  having  a  population  of  less  than  five 
hundred,  ten  dollars.  In  addition  to  the  monthly  salary  allowed  herein, 
each  constable  may  receive  and  retain  for  his  own  use  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law  for  all  services  performed  by 
him  in  civil  actions.  For  the  purpose  of  this  section,  the  basis  of  cal- 
culation for  fixing  the  compensation  of  justices  and  constables  above 
mentioned,  the  population  of  the  different  townships  of  the  county  shall 
always  be  based  upon  the  figures  as  shown  by  the  last  United  States 
census;  provided,  however,  that  whenever  the  census  of  any  township 
or  townships  shall  have  been  taken  under  the  provisions  of  this  title, 
said   census   may  become  the  basis  of  'calculation. 

15.  Supervisors.  Each  member  of  the  board  of  supervisors,  one  thou- 
sand two  hundred  dollars  per  annum  for  all  services v-rendered  including 
mileage  and  including  services  as  road  commissioners;  provided,  that 
when  required  to  go  on  business  to  any  point  outside  of  said  county, 
they  shall  be  allowed  actual  expenses. 

16.  Board  of  education.  Eafh  member  of  the  county  board  of  educa- 
tion shall  receive  ten  cents  per  mile  for  traveling  from  his  or  her  resi- 
dence to  the  county  seat;  provided,  that  mileage  be  not  allowed  for 
more  than  two  meetings  in  any  one  month. 

17.  In  effect,  when.  Sections  one,  three,  four,  five,  seven,  eight, 
eleven  and  the  provisions  of  section  fourteen  relating  to  townships  hav- 
ing a  population  of  one  thousand  eight  hundred  and  more  shall  go  into 
effect  ninety  days  after  final  adjournment  of  the  legislature. 

The  salaries  herein  allowed  are  in  full  compensation  for  all  duties  per- 
formed by  either  principals  or  their  deputies  and  all  fees  of  every  kind 
collected  by  each  officer  or  his  deputy  except  the  assessor  and  his  depu- 
ties, as  provided  in  section  seven  of  this  act,  shall  be  paid  into  the 
county  treasury  as  provided  by  law  except  that  the  county  clerk,  sheriff, 
assessor,  coroner,  and  constables,  shall  each  be  allowed  the  fees  and 
commissions  as  provided  for  in  subdivisions  one,  two,  seven,  nine,  and 
fourteen,  respectively  of  this  act.  [Amendment  approved  May  28,  1917; 
Stats.  1917,  p.  1137.] 

§  4248.  Counties  of  nineteenth  class,  salaries  of  officers.  In  counties 
of  the  nineteenth  class,  the  county  officers  shall  receive,  as  compensa- 
tion for  the  services  required  of  them  by  law  or  by  virtue  of  their  offices, 
the  following  salaries,  to  wit:  > 

1.  County  clerk.  The  county  clerk,  four  thousand  five  hundred  dol- 
lars per  annum;  provided,  that  in  years  when  a  great  register  of  voters 
is  required  by  law  to  be  made,  the  county  clerk  shall  receive  in  addition 


§  4-248  POLITICAL   CODE.  430 

to  his  regular  salary  tho  sum  of  one  thousand  two  hundred  dollars  for 
such  service.  The  said  clerk  may  appoint  one  chief  deputy  clerk,  which 
said  office  of  chief  deputy  clerk  is  hereby  created.  The  salary  of  such 
chief  deputy  clerk  is  hereby  fixed  at  one  thousand  two  hundred  dollars 
per  annum,  such  salary  to  be  paid  at  the  same  time  and  in  the  same 
manner  as  the  salary  of  county  officers  is  paid. 

2.  Sheriff.     The  sheriff,  six  thousand   dollars  per  annum. 

3.  Recorder.  The  recorder,  three  thousand  two  hundred  dollars  per 
annum.  The  recorder  shall  also  be  allowed  two  copyists,  to  be  appointed 
by  himself,  at  a  salary  of  seventy-five  dollars  .per  month,  to  be  paid  at 
the  same  time  and  in  the  same  manner  as  the  salary  of  county  officers 
is  paid. 

4.  Auditor.  The  auditor,  one  thousand  five  hundred  dollars  per 
annum. 

5.  Treasurer.  The  treasurer,  two  thousand  four  hundred  dollars  per 
annum. 

6.  Tax  collector.     The  tax  collector,  three  thousand  dollars  per  annum. 

7.  Assessor.  The  assessor,  three  thousand  five  hundred  dollars  per 
annum,  and  the  fees  and  commissions  now  or  hereafter  allowed  by  law. 
The  assessor  shall  also  be  allowed  the  following  deputies,  to  be  ap- 
pointed by  him,  viz:  One  chief  deputy  assessor,  which  office  is  hereby 
created,  at  a  salary  of  two  thousand  one  hundred  dollars  per  year;  and 
four  deputy  assessors.  Each  of  such  deputy  assessors  shall  receive  a 
monthly  compensation  of  one  hundred  dollars,  for  the  months  of  March, 
April,  May  and  June  of  each  year,  the  salary  of  such  deputies  to  be 
paid  in  the  same  manner,  and  out  of  the  same  fund  as  the  assessor, 
upon  the  presentation  of  a  certificate  that  services  have  been  performed, 
and  signed  by  the  assessor.  The  salary  of  the  chief  deputy  assessor 
shall  be  paid  by  the  said  county,  in  monthly  installments,  at  the  same 
time,  manner  and  out  of  the  same  fund  as  the  county  assessor  is  paid. 

8.  District  attorney.  The  district  attorney,  two  thousand  four  hun- 
dred dollars  per  annum;  assistant  district  attorney,  one  thousand  five 
hundred  dollars  per  annum;  provided,  that  in  counties  of  this  class  the 
district  attorney  may  appoint  a  stenographer,  which  office  of  stenog- 
rapher to  the  district  attorney  is  hereby  created,  and  such  stenographer 
shall  receive  as  compensation  for  his  or  her  services  the  sum  of  six 
liundred  dollars  per  annum,  to  be  paid  in  equal  monthly  installments  in 
the  same  manner,  at  tho  same  time  and  out  of  tlio  same  fund  as  the 
salary  of  otber  county  officers  is  paid. 

!).  Coroner.  The  coroner,  sucli  fc^os  as  are  now  or  may  lie  hereafter 
alhjwcd   by   law. 

10.  Public  administrator.  Tlic  |iul)lir  administrator,  such  fees  as  are 
now  or  niiiy  Ijc  iicrcaftcr  allowed  by  law. 

11.  Superintendent  of  schools.  The  superintendent  of  schools,  two 
thousand  dollars  per  annum,  and  his  actual  traveling  expenses  when 
visiting  schools,   not   to  exceed   ten   dollars  per  district;   provided,   that 


431  POLITICAL   CODE.  §  42i8 

the  said  suiierintendont  of  schools  may  appoint  one  deputy  superintend- 
ent of  schools,  which  office  of  deputy  superintendent  of  schools  is  hereby 
created,  and  such  deputy  slitiU  receive  compensation  for  his  or  her 
services  the  sum  of  seven  hundred  twenty  dollars  per  annum,  to  be  paid 
in  equal  monthly  installments  in  the  same  manner,  at  the  same  time  and 
out  of  the  same  fund  as  the  salary  of  other  county  officers  is  paid. 

12.  Surveyor.  The  surveyor,  such  fees  as  are  now  or  may  be  here- 
after allowed  b}-  law. 

13.  Township  officers.  In  counties  of  this  class  the  township  officers 
shall  receive  the  following  compensation,  to  wit: 

(a)  In  townships  having  a  population  of  four  thousand  five  hundred, 
or  more,  each  justice  of  the  peace  shall  receive  a  salary  of  one  hundred 
fifty  dollars  per  month,  and  each  constable  a  salary  of  ninety  dollars 
per  month. 

(b)  In  townships  having  a  population  of  two  thousand,  or  more,  and 
less  than  four  thousand  five  hundred,  each  justice  of  the  peace  shall 
receive  a  salary  of  sixty  dollars  per  month,  and  each  constable  a  salary 
of  sixty  dollars  per  month. 

(c)  In  townships  having  a  population  of  one  thousand  nine  hundred 
twenty-five  or  more,  and  less  than  two  thousand,  each  justice  of  the 
peace  shall  receive  a  salary  of  forty-five  dollars  per  month,  and  each 
constable  a  salary  of  fifty  dollars  per  month. 

(d)  In  townships  having  a  population  of  one  thousand  eight  hundred, 
or  more,  and  less  than  one  thousand  nine  hundred  twenty-five,  each  jus- 
tice of  the  peace  shall  receive  a  salary  of  thirty-two  dollars  and  fifty 
cents  per  month,  and  each  constable  a  salary  of  forty  dollars  per  month. 

(e)  In  townships  having  a  population  of  seven  hundred  thirty,  or 
more,  and  less  than  one  thousand  eight  hundred,  each  justice  of  the 
peace  shall  receive  a  salary  of  twenty  dollars  per  month,  and  each  con- 
stable a  salary  of  twenty-five  dollars  per  month. 

(f)  In  townships  having  a  population  of  less  than  seven  hundred 
thirty,  each  justice  of  the  peace  shall  receive  a  salary  of  five  dollars 
per  month,  and  each  constable  a  salary  of  five  dollars  per  month. 

The  above-named  salaries  shall  be  in  full  compensation  for  all  ser- 
vices of  said  justices  of  the  peace  and  constables  in  criminal  cases;  pro- 
vided, that  each  constable  shall  be  allowed  and  paid  the  actual  expense 
of  transporting  prisoners,  after  conviction,  to  the  county  jail,  which 
said  expense  shall  be  audited  and  allowed  by  the  board  of  supervisors 
and  paid  out  of  the  county  treasury. 

Said  justices  of  the  peace  and  constables  may  receive  and  retain  for 
their  own  use  such  fees  as  are  now  or  may  hereafter  be  allowed  by  law 
for  all  services  rendered  by  them  in  civil  actions.  • 

The  salaries  of  township  officers  as  herein  provided  for  shall  be  paid 
in  the  same  manner,  at  the  same  time,  and  out  of  the  same  funds  that 
county  officers  are  paid. 

For  the  purpose  of  this  subdivision  the  population  of  the  several  judi- 
cial townships  is  hereby  determined  to  be  the  population  of  said  town- 
ships as  shown  by  the  federal  census  taken  in  the  year  A.  D.  nineteen 
hundred  and  ten. 


§  4249  poLiTiCiU.  CODE.  432 

14.  Supervisors.  Each  member  of  the  board  of  supervisors,  one  thou- 
sand two  hundred  dollars  per  annum,  and  mileage  when  acting  as  road 
commissioner,  twenty-five  cents  per  mile  one  way;  provided,  the  amount 
of  mileage  shall  not  exceed  the  sum  of  three  hundred  dollars  in  any 
one  year. 

15.  Board  of  education.  Members  of  the  board  of  education,  each  the 
sum  of  five  dollars  per  day  for  actual  service,  together  with  mileage 
at  ten  cents  per  mile.  , 

16.  Jurors.  In  counties  of  this  class  grand  jurors  and  trial  jurors  in 
criminal  cases  in  the  superior  court  shall  each  receive  for  each  day's 
attendance  the  sum  of  three  dollars,  and  the  mileage  allowed  by  law. 

17.  In  effect,  when.  Sections  one,  two,  three,  four,  five,  six,  seven, 
eight,  nine,  ten,  eleven,  twelve,  thirteen,  fourteen,  fifteen  and  sixteen 
hereof  shall  become  operative  as  soon  as  this  act  takes  effect,  and  shall 
apply  to  incumbents  in  office.  [Amendment  approved  May  28,  1917; 
Stat's.  1917,  p.  124.5.] 

§  4249.  Counties  of  twentieth  class,  salaries  of  officers.  In  counties 
of  the  twentieth  class,  the  county  and  township  officers  shall  receive 
as  full  compensation  for  the  services  required  of  them  by  law,  or  by 
virtue  of  their  office,  the  following  salaries  and  fees,  to  wit: 

1.  County  clerk.  The  county  clerk,  three  thousand  dollars  per  an- 
num, and  such  fees  as  are  now,  or  may  be  hereafter  allowed  by  law, 
and  in  any  year  when  a  new  great  register  of  voters  is  required  by  law, 
he  shall  receive,  in  addition  thereto,  ten  cents  per  name  for  each  person 
registered.  He  may  appoint  one  deputy  who  shall  receive  a  salary  of 
one  thousand  eight  hundred  dollars  per  annum;  one  deputy  who  shall 
receive  a  salary  of  one  thousand  five  hundred  dollars  per  annum;  one 
deputy  who  shall  receive  a  salary  of  one  thousand  two  hundred  dollars 
per  annum;  and  one  deputy  who  shall  be  a  stenographer,  at  a  salary  of 
nine  hundred  dollars  per  annum;  and  during  any  year  when  an  official 
primary  election  is  held  in  the  county,  he  may  appoint  one  additional 
deputy,  to  serve  for  a  period  of  four  months  onlj',  at  a  monthly  salary 
of  seventy-five  dollars.  The  deputies,  clerks  and  stenographer  herein 
provided  f^r  shall  be  paid  by  the  county  at  the  same  time  and  in  the 
same  manner  and  out  of  the  same  fund  as  the  county  clerk  is  paid. 
In  any  year  when  a  new  registration  of  voters  is  required  by  law, 
he  may  appoint  such  number  of  deputies  as  may  be  necessary  for  the 
convenient  registration  of  voters  in  their  respective  precincts,  such 
deputyships  and  offices  being  hereby  created.  Each  of  said  deputies 
shall  be  paid  by  the  county  the  sum  of  ten  cents  per  name  for  eaoh 
elector  registered  by  him.  Said  compensation  to  be  paid  out  of  the 
general  fund  of  the  county,  on  the  presentation  and  filing  with  the 
board  of  supervisors  of  the  county,  of  a  duly  verified  claim  therefor, 
approved  by  the  county  clerk.  On  and  after  January  sixth,  1919,  all 
fees,  commissions  and  perquisites  from  whatever  source  received  and 
collected  by  the  county  clerk,  except  the  said  sum  of  ten  cents  per  name 
received  by  him  for  each  ])erson  registered,  shall  bo  paid  into  the 
county  treasury,  and  shall   belong  to  the  county. 


433  POLITICAL   CODE.  §  4249 

2.  Sheriff.  The  sheriff,  four  thousand  five  hundred  dollars  per  an- 
num; provided,''  there  shall  be  and  there  hereby  is  allowed  to  the 
sheriff  the  following  deputies,  which  oflEiecs  are  hereby  created,  who 
shall  be  appointed  by  the  sheriff,  and  shall  be  paid  salaries  as  fol- 
lows: One  fhief  deputy  at  a  salary  of  one  Ifundred  fifty  dollars  per 
month,  one  deputy  at  a  salary  of  one  hundred  dollars  per  month, 
and  one  deputy  to  act  as  jailer  at  a  salary  of  one  hundred  dollars  per 
month.  The  salaries  of  the  deputies  and  emplbyces  herein  provided  for 
shall  be  paid  by  the  county  in  monthly  installments  at  the  same  time 
and  in  the  same  manner  and  out  of  the  same  funds  as  the  salary  of 
the  sheriff  is  paid.  In  criminal  cases,  and  actions  in  which  the  county 
is  interested,  the  sheriff  shall  receive  only  actual  expenses  incurred 
and  no  more.  All  claims  against  the  county  shall  be  itemized  and 
sworn  to  by  the  sheriff' or  chief  deputy,  and  filed  with  the  board  of 
supervisors  monthly  before  the  tenth  day  of  each  month.  Expense 
accounts  to  be  sworn  to  and  filed  as  separate  claims.  A  monthly  state- 
ment of  all  fees  collected  from  whatever  source  derived,  duly  sub- 
scribed and  sworn  to  by  the  sheriff"  or  chief  deputy  shall  be  filed  with 
the  county  treasurer  on  or  before  the  tenth  day  of  each  month.  The 
board  of  supervisors  may  allow  the  sheriff  a  sum  not  to  exceed  thirty- 
seven  and  one-half  cents  per  day  for  feeding  each  prisoner  committed 
to  his  custody.  Prisoners  shall  be  fed  three  meals  each  day.  The 
changes  in  this  subdivision  made  shall  apply  to  the  incumbent  and  shall 
be   in  lieu   of   all   fees,   commissions,   and   mileage. 

3.  Recorder.  The  recorder,  three  thousand  five  hundred  dollars  per 
annum;  and  said  recorder  may  appoint  two  deputy  recorders,  one  of 
whom  shall  receive  a  salary  of  one  thousand  two  hundred  dollars  per 
annum,  and  one  who  shall  receive  a  salary  of  eight  hundred  dollars  per 
annum.  He  may  appoint  such  copyists  as  may  be  required  for  the 
recording  of  all  papers,  notices  or  documents  in  his  office,  except  maps 
or  plats,  who  shall  receive  for  their  services  the  sum  of  six  cents  per 
iolio;  and  for  copies  of  an^^  paper  or  record  six  cents  per  folio.  The 
salaries  and  compensation  of  all  deputies  and  copyis.ts  herein  provided 
for  shall  be  paid  by  the  county  in  monthly  installments  out  of  the  same 
fund  as  the  recorder  is  paid.  All  fees,  commissions  and  perquisites 
collected  by  the  recorder,  from  whatever  source  received,  shall  be  paid 
into  the  county  treasury.  The  recorder  shall  file  monthly,  on  or  before 
the  tenth  day  of  each  month,  with  the  county  auditor,  a  verified  state- 
ment showing  in  detail  the  fees  received  by  him,  and  the  amounts  paid 
to  copyists  or  other  employees  in  his  office,  and  the  names  of  the  persons 
to  whom  the  same  were  paid. 

4.  Auditor.  The  auditor,  three  thousand  dollars  per  annum.  He  may 
appoint  one  deputy,  who  shall  receive  a  salary  of  one  thousand  five 
hundred  dollars  per  annum;  and  one  clerk  at  a  salary  of  seventy-five 
dollars  per  month;  and  one  copyist  for  the  months  of  September  and 
October  in  each  year,  at  a  salary  of  one  hundred  dollars  per  month. 
The  deputy,  clerk  and  copyist  herein  provided  for  shall  be  paid  by  the 
county  in  monthly  installments  in  the  same  manner  and  out  of  the 
same  fund  as  the  auditor  is  paid. 

28 


§  4249  POLITICAL   CODE.  434 

5.  Treasurer.     Tlic  treasurer,  three  thousand  dollars  per  annum. 

6.  Tax  collector.  The  tax  collector,  three  thousand  five  hundred 
dollars  per  annum.  He  may  appoint  one  deputy,  which  office  is  hereby 
created,  at  a  salary  of  one  thousand  two  hundred  dollars  per  annum; 
and  four  clerks,  for  four  months  in  each  year,  at  a  salary  of  fifty  dollars 
per  month;  he  may  also  api^oint  one  copyist,  at  a  salary  of  fifty  dollars 
per  month  for  four  months,  and  two  indexers,  at  a  salary  of  sixty  dollars 
each  per  month  for  four  months  in  each  year,  whose  duty  it  shall  be 
to  compile  an  index  to  the  assessment-rolls  of  the  county,  and  of  each 
sanitary  district,  said  index  to  be  a  public  record,  and  to  be  kept  in 
the  office  of  the  tax  collector  for  public  use.  Said  deputy,  clerks  and 
indexers  to  be  paid  .by  the  county  in  monthly  installments  at  the  same 
time  and  in  the  same  manner  and  out  of  the  same  fund  as  the  salary 
of  the  tax  collector  is  paid.  All  fees,  perquisites  and  commissions  from 
whatever  source  derived,  collected  by  the  tax  collector,  shall  be  paid 
into   the  county  treasury,   and   shall  belong  to   the  county. 

7.  Assessor.  The  assessor,  four  thousand  dollars  per  annum.  In 
counties  of  this  class  there  shall  be  and  there  hereby  is  allowed  to  the 
assessor  the  following  clerks,  deputies  and  employees,  who  shall  be 
appointed  by  the  assessor,  and  shall  be  paid  salaries  as  follows:  One 
chief  deputy  assessor  at  a  salary  of  one  hundred  dollars  per  month; 
one  deixity  assessor  at  a  salary  of  seventy-five  dollars  per  month;  and 
such  additional  field  deputy  assessors  and  clerks  as  the  assessor  may 
appoint  at  a  salary  not  to  exceed  five  dollars  per  day  each;  provided, 
however,  that  the  total  amount  of  salary  and  compensation  paid  to 
such  additional  deputies  and  clerks  who  receive  a  per  diem  shall  not 
exceed  the  sum  of  three  thousand  dollars  per  annum.  Said  additional 
deputies  and  clerks  to  be  paid  by  the  county  on  the  presentation  and 
filing  with  the  board  of  supervisors  of  duly  verified  claims,  showing 
the  services  rendered,  approved  by  the  assessor.  The  salaries  of  all 
deputies,  clerks  and  employees  shall  be  paid  by  the  county,  at  the  same 
time  and  in  the  same  manner  and  out  of  the  same  fund  as  the  salary 
of  the  assessor  is  paid.  The  assessor  shall  receive  no  compensation  or 
commissions  for  the  collection  of  personal  property  taxes,  or  compiling 
tlie  military  roll,  and  all  commissions,  perquisites  and  fees  from  what- 
ever source  received,  collected  by  him,  shall  be  paid  into  the  county 
treasury,  and  shall  belong  to  the  county.  The  changes  herein  made  are 
intended  to  place  the  oflice  of  the  assessor  on  a  fixed  salary  basis,  in 
lieu  of  the  assessor's  present  compensation,  fees  and  conimissions  allowed 
liim  by  law,  and  shall  apply  to  the  incumbent. 

s.  District  attorney.  Tlie  district  attorney,  Ihicc  thousand  dollars 
)icr  aiiiiiiiii;  and  said  (]islri(-t  attorney  may  appoint  a  stenographer,  whicli 
office  is  hereby  created,  who  shall  receive  a  salary  of  seventy-five  dollars 
jier  month;  provided,  however,  that  such  stenographer  shall  receive  a 
salary  of  ninety  dollars  per  month  in  case  such  stenographer  shall  per- 
form all  the  services  required  in  the  county  as  official  reporter  in  all 
jiroliminary  hearings  in  felony  eases.  Said  stenographer  shall  be  paid 
liv  the  county  at  the  same  time  and  in  the  same  manner  and  out  of 
tlic   same   fund   as   the   district  attorney   is   jiaid.     The   district   attorney 


435  por.iTicAL  CODE.  §  4249 

shall  be  allowed,  in  addition  to  the  monthly  salary  herein  allowed,  the 
sum  of  sixty  dollars  per  month,  which  shall  be  in  full  for  all  his  travel- 
ing and  other  personal  expenses  in  criminal  cases  and  civil  actions  in 
which  the  county  is  interested,  as  provided  for  in  subdivision  two  of 
section  four  thousand  three  hundred  seven  of  the  Political  Code. 

9.  Coroner.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

10.  Public  administrator.  The  public  administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law. 

11.  Superintendent  of  schools.  The  sui)erintendent  of  schools,  two 
thousand  seven  hundred  dollars  per  annum,  and  actual  traveling  ex- 
penses when  visiting  the  schools  of  the  county;  a  verified 'itemized  state- 
ment of  such  expenses  shall  be  filed  by  said  superintendent  monthly 
with  the  board  of  supervisors. 

12.  Surveyor.  The  surveyor  shall  receive  two  thousand  four  hundred 
dollars  per  annum  for  all  work  performed  for  the  county,  and,  in  addi- 
tion thereto,  actual  traveling  and  other  necessary  expenses  incurred  in 
connection  with  field  work.  Whenever  the  surveyor  is  directed  by  the 
board  of  supervisors  or  assessor  to  plat,  trace  or  otherwise  prepare  maps^ 
plats  or  block-books  for  the  use  of  the  county  assessor  or  said  board,  he 
shall  be  allowed  only  the  actual  cost  of  preparing  the  same. 

13.  Justices  of  the  peace.  Justices  of  the  peace  shall  receive  the 
following  monthly  salaries,  to  be  paid  each  month  as  salaries  of  the 
county  officers  are  paid,  which  shall  be  in  full  for  all  services  rendered 
by  them,  and  of  all  fees.  In  townships  having  a  population  of  three 
thousand  five  hundred  or  more,  one  hundred  dollars  per  month.  In 
townships  having  a  population  of  not  less  than  one  thousand  five  hundred 
and  not  more  than  three  thousand  five  hundred,  seventy-five  dollars  per 
month.  In  all  townships  having  a  population  less  than  one  thousand 
five  hundred,  forty  dollars  per  month.  All  fees  collected  by  justices  of 
the  peace  shall  be  paid  into  the  county  treasury,  and  shall  belong  to  the 
county.     The  provisions  of  this  subdivision  shall  apply  to  the  incumbents. 

14.  Constables.  Constables  shall  receive  the  following  monthly  sala- 
ries, to  be  paid  each  month  as  salaries  of  the  county  officers  are  paid, 
which  shall  be  in  full  for  all  services  rendered  by  them  in  criminal  eases: 
In  townships  having  a  population  of  three  thousand  five  hundred  or 
more,  ninety  dollars  per  month;  in  townships  having  a  population  of 
not  less  than  one  thousand  five  hundred  nor  more  than  three  thousand 
five  hundred,  eighty-five  dollars  per  month;  in  all  townships  having  a 
population  of  less  than  one  thousand  five  hundred,  forty-five  dollars  per 
month.  In  addition  to  the  monthly  salary  allowed  herein,  each  con- 
stable may  collect  and  retain  for  his  own  use  such  fees  as  are  now  or 
may  be  hereafter  allowed  by  law  for  all  services  performed  by  him  in 
civil  actions;  and  he  shall  also  be  allowed  his  actual  and  necessary  ex- 
penses incurred  in  executing  any  warrant  outside  of  his  county  issued 
by  a  magistrate  or  justice  of  his  county.  Constables  shall  also  be 
allowed  all  necessary  expenses  actually  incurred  in  arresting  and  con- 
f-eying  prisoners  to  the  county  jail,  which  said  expenses  shall  be  audited 


§  4249  POLITICAL  CODE.  436 

and  allowed  by  the   board   of  supervisors,   and   paid   out   of   the   county 
treasury. 

15.  Board  of  education.  Each  member  of  the  board  of  education  shall 
receive  five  dollars  per  day  as  compensation  for  his  services  when  in 
actual  attendance  upon  said  board,  and  mileage  at  the  rate  of  twenty- 
five  cents  jDer  mile  one  way  only,  from  his  residence  to  the  place  of 
meeting  of  said  board.  The  secretary  of  said  board  of  education  shall 
receive  five  dollars  per  day  for  his  services  for  the  actual  time  that  the 
board  may  be  in  session.  Said  compensation  of  the  members  of  said 
board,  and  of  said  secretary,  shall  be  paid  out  of  the  same  fund  as 
the  salary  of  the  superintendent  of  schools  is  paid.  Claims  for  such 
services  and  mileage  shall  be  presented  to  the  board  of  supervisors,  and 
shall  be  allowed  at  the  rate  above  named,  in  the  same  manner  as  other 
claims  against  the  county  are  allowed.  The  compensation  of  the  mem- 
bers of  the  county  board  of  education  herein  provided  is  not  in  addition 
to  that  provided  in  section  one  thousand  seven  hundred  seventy  of  this 
code. 

16.  Supervisors.  Each  supervisor,  one  thousand  five  hundred  dollars 
per  annum,  and  twenty  cents  per  mile  for  traveling  from  his  residence 
to  the  county  seat;  provided,  that  when  a  supervisor  is  also  road  com- 
missioner he  shall  receive  in  addition  to  the  twenty  cents  per  mile 
allowed  to  him  by  law  as  such  road  commissioner  his  actual  traveling 
expenses,  the  total  mileage  and  expenses  not  in  any  one  year  to  exceed 
the  sum  of  three  hundred  dollars.  The  changes  as  to  salary  made  in  this 
subdivision   shall   not   apply  to  incumbents. 

17.  Jurors.  In  counties  of  this  class,  grand  jurors  and  trial  jurors 
in  the  superior  court  shall  each  receive  for  each  day's  attendance,  per 
day,  the  sum  of  three  dollars,  and  for  each  mile  actually  and  necessarily 
traveled  from  their  residence  to  the  county  seat,  in  going  only,  per  mile, 
the  sum  of  twenty  cents;  such  mileage  to  be  allowed  but  once  during 
each  session  such  jurors  are  required  to  attend. 

18.  Justices  of  the  peace.  Justices  of  the  peace  shall  be  allowed  for 
their  office  rent  and  expenses  the  sum  of  fifteen  dollars  each  per  month 
in  addition  to  the  monthly  salaries  herein  allowed.  Each  justice  of  the 
peace  must  pay  into  the  county  treasury  monthly,  all  fees  and  fines  col- 
lected by  him;  and  he  must  keep  a  book  open  for  the  inspection  of  the 
public,  during  office  hours,  in  which  must  be  entered  at  once  and  in 
detail  the  amount  of  all  fees  and  fines  collected  by  him.  The  auditor 
must  withold  warrants  for  salary  and  office  rent  until  a  sworn  state- 
ment has  been  filed  with  him,  of  all  cases  tried,  and  fees  and  fines  col- 
lected; and  the  same  are  paid  into  the  county  treasury.  No  justice  of 
the  peace  shall  draw  or  receive  any  monthly  salary  unless  he  shall  make 
and  subscribe  an  affidavit  before  an  officer  entitled  to  administer  oaths, 
that  no  cause  in  his  court  remains  pending  and  undecided,  that  has  been 
submitted  to  him  for  decision  for  a  period  of  thirty  days;  said  affidavit 
fo  lie  filed  with   llie  auditor  of  the  county. 

H).  Jail  matron.  In  counties  of  this  class  there  shall  be  appointed  by 
thi-  slieriir  a  suitaljle  woman  as  jail  matron,  who  shall  have  care  of 
female  prisoners  confined  in  the  county  jail.     She  shall  be  paid  a  salary 


437  POLITICAL   CODE.  §  4250 

of  fifty  dollars  per  month,  to  be  paid  by  the  couuty  in  monthly  install- 
ments at  the  same  time,  in  the  same  manner,  and  out  of  the  same  fund 
that  the  salary  of  the  sheriff  is  paid. 

20.  Incumbents.  The  changes  made  in  this  act  shall  apply  to  the  in- 
cumbents unless  otherwise  herein  provided.  [Amendment  approved  May 
28,  1917;  Stats.  1917,  p.  1131.] 

§  4250.  Counties  of  twenty-first  class,  salaries  of  officers.  In  counties 
of  the  twenty-first  class  t!ie  county  find  township  officers  shall  receive,  as 
full  compensation  for  the  services  required  of  them  by  law  or  by  virtue 
of  their  officers,  the  following  fees  and  salaries: 

1.  County  clerk.  County  clerk,  three  thousand  five  hundred  dollars 
per  annum,  and  shall  receive  in  addition  the  sum  of  six  hundred  dollars 
a  year  for  every  year  that  an  election  is  held  throughout  the  state  of 
California;  he  also  shall  receive  in  addition  the  sum  of  ten  cents  per 
name  for  each  voter  registered  in  the  county  of  Santa  Cruz,  which 
shall  be  in  full  for  all  services  required  in  registering  voters  and  mak- 
ing up  the  great  register,  and  the  performing  of  all  other  acts  incident 
to  or  pertaining  to  elections;  provided,  that  in  counties  of  this  class 
there  shall  be  and  is  hereby  allowed  to  the  county  clerk  one  copyist 
and  index  clerk  who  shall  be  appointed  by  the  county  clerk  and  who 
shall  be  paid  a  salary  of  nine  hundred  dollars  per  annum,  and  whose 
salary  shall  be  paid  in  monthly  installments  in  the  same  manner  and 
out  of  the  same  fund  as  the  salary  of  the  county  clerk  is  paid. 

2.  Sheriff.  Sheriff,  three  thousand  dollars  per  annum;  provided,  that 
there  shall  be  and  there  is  hereby  allowed  to  said  sheriff  an  under-sheriff 
who  shall  receive  a  salary  of  one  thousand  two  hundred  dollars  per 
annum  and  one  deputy  sheriff,  who  shall  also  act  as  night  jailer,  at  a 
salary  of  five  hundred  dollars  per  annum;  the  said  under-sheriff  and  the 
said  deputy  to  be  appointed  by  the  sheriff  and  the  salaries  of  which 
shall  be  paid  by  the  county  in  monthly  installments  at  the  same  time 
and  in  the  same  manner  and  out  of  the  same  fund  as  the  salary  of  the 
sheriff  is  paid;  and  provided,  further,  that  in  addition  thereto,  the 
sheriff  shall  receive  and  retain  for  his  own  and  benefit  all  of  the  fees, 
per  diem,  mileage  and  expenses  which  are  now  or  which  may  hereafter 
be  allowed  by  law;  and  the  fees  and  commissions  for  the  service  of 
all  papers  whatsoever  issued  by  any  court  in  the  state  outside  of  Santa 
Cruz  county. 

3.  Recorder.  The  recorder,  two  thousand  four  hundred  dollars  per 
annum;  provided,  however,  that  in  counties  of  this  class  the  recorder 
shall  be  entitled  to  the  actual  cost  incurred  by  him  for  the  recording 
of  all  papers  and  documents  in  his  office  not  exceeding  seven  cents 
per  folio  for  each  paper  or  document  so  recorded;  provided,  further, 
that  said  recorder  shall  file  monthly,  with  the  "county  auditor,  a  verified 
statement  showing  in  cletail  the  persons  and  the  amounts  paid  to  each  for 
such  recording. 

4.  Auditor.  The  auditor,  two  thousand  seven  hundred  fifty  dollars 
per  annum. 


§  4:250  POLITICAL   CODE.  438 

5.  Treasurer.  The  treasurer,  two  thousand  four  liurnlred  dollars  per 
annum.  .  ■~^,  .;^ 

6.  Tax  collector.  The  tax  collector,  two  thousand  seven  hundred  fifty- 
dollars  per  annum;  provided,  that  in  lieu  of  the  clerk  now  allowed  this 
office  for  six  months  during  each  year,  the  said  tax  collector  is  hereby 
allowed  one  deputy  for  the  entire  year  who  shall  receive  a  salary  of 
nine  hundred  dollars  per  annum;  said  salary  to  be  paid  by  the  county 
in  monthly'  installments  at  the  same  time  and  in  the  same  manner  and 
out  of  the  same  fund  as  the  salary  'of  the  tax  collector  is  paid. 

7.  Assessor.  The  assessor,  three  thousand  dollars  per  annum;  pro- 
vided, that  in  addition  the  assessor  shall  be  allowed  one  office  deputy 
at  nine  hundred  dollars  pe.r  annum;  one  draftsman  at  one  thousand 
two  hundred  dollars  per  annum;  one  deputy  for  five  months  in  the  year 
at  one  hundred  dollars  per  month;  one  copyist  for  five  months  in  the 
year  at  forty  dollars  per  month;  one  deputy  for  five  months  in  the  year 
at  one  hundred  dollars  per  month;  one  deputy  for. three  months  in  the 
year  at  one  hundred  dollars  per  month,'  and  one  deputy  for  four  months 
in  the  year  at  one  hundred  dollars  per  month;  and  provided  further, 
that  all  of  said  deputies,  clerks  and  draftsmen,  herein  provided  for, 
shall  be  appointed  by  the  assessor  and  shall  be  paid  by  the  county  in 
monthly  installments  at  the  same  time  and  in  the  same  manner  and  out 
of  the  same  fund  as  the  salary  of  the  assessor  is  paid. 

S.  District  attorney.  The  district  attorney,  two  thousand  dollars  per 
annum;  provided,  that  in  counties  of  this  class,  there  shall  be  and  there 
is  hereby  allowed  to  the  district  attorney  one  deputy,  to  be  appointed 
by  the  district  attorney,  and  who  shall  be  regularly  admitted  to  practice 
before  the  courts  of  the  state  of  California.  Said  deputy  shall  receive 
a  salary  of  six  hundred  dollars  per  annum,  which  salary  shall  be  paid 
by  said  county  in  equal  monthlj'  installments  at  the  same  time  and  in 
the  same  manner  and  out  of  the  same  fund  as  the  salary  of  the  dis- 
trict attorney  is  paid.  The  district  attorney  shall  be  allowed  in  addition 
to  the  monthly  salary  herein  allowed,  the  sum  of  sixty  dollars  per 
month,  which  shall  be  in  full  for  all  his  traveling  and  other  personal 
expenses  in  criminal  cases  and  civil  cases  in  which  the  county  is  in- 
terested, as  provided  for  in  subdivision  two  of  section  four  thousand 
tliroo  luindrcd  seven  of  the  Political  Code.  Payment  of  said  sum  of 
sixty  dollars  per  month  shall  be  in  full  also  for  all  office  stenographic 
services  required  by  said  district  attorney  in  criminal  actions  and  in 
civil  actions  and  other  matters  in  which   the   county  is  interested. 

9.  Coroner.  The  coroner,  such  fees  as  are  nor  or  may  be  hereafter 
ullowod  by  law. 

10.  Prblic  administrator.  'I'lic  puljlic  administrator,  such  fees  as  are 
now  or  may  ]>('  licreafter  allowed  by  hnv. 

11.  Superintendent  of  schools.  Tiie  suiierintendont  of  .  schools,  one 
thousand  oiglit  hundred  dollars  jicr  aiiiiuin,  and  actual  traveling  expenses 
when  visiting  the  schools  of  his  couiily;  jirovided,  that  in  counties  of 
this  class  there  shall  be  and  there  is  hereby  allowed  to  the  superin- 
tendent  of  schools,   a   clerk   which   office  is  hereby   created,   at   a   salary 


439  poijTiCAL  CODE.  §  4250 

of  fifty  dollars  iK>r  iiioiitli,  and  who  shall  lie  aiipoiiited  by  the  superin- 
tendent of  schools.  The  salary  of  said  clerk  herein  provided  for  shall 
be  paid  by  said  county  in  monthly  installments  at  the  same  time  and  in 
the  same  manner  and  out  of  the  same  fund  as  the  salary  of  the  super- 
intendent of  schools  is  paid. 

12.  Surveyor.  Tlie  county  surveyor  for  all  services  required  of  him 
as  county  surveyor,  and  also  for  all  services  which  may  be  required  of 
him,  as  a  road  engineer,  shall  receive  two  thousand  four  hundred  dollars 
per  annum,  and  necessary  cost  of  transportation  to  and  from,  and 
necessary  expenses  in  the  field,  while  engaged  on  public  work,  and  he 
is  hereby  required  to  devote  all  his  time  to  the  county  work. 

IH.  Board  of  supervisors.  Board  of  supervisors,  each  member  of  the 
board  of  supervisors  one  hundred  dollars  per  month  and  no  mileage; 
provided,  that  whenever  it  shall  be  necessary  for  any  member  of  the 
board  of  supervisors  to  leave  the  county  of  Santa  Cruz  for  the  purpose  of 
performing  any  of  his  duties,  that  then  and  in  that  event,  said  super- 
visor shall  be  allowed  his  actual  expenses. 

14.  Population  of  townships.  For  the  purpose  of  regulating  the  com- 
pensation of  justices  of  the  peace  and  constables,  judicial  townships  in 
this  class  of  counties  are  hereby  classified  according  to  their  population 
as  follows:  Townships  containing  a  population  of  ten  thousand  or  more 
shall  belong  to  and  be  known  as  townships  of  the  first  class;  townships 
containing  a  population  of  less  than  ten  thousand  and  more  than  six 
thousand  shall  belong  to  and  be  known  as  townships  of  the  second  class; 
tiwnships  containing  a  jjopulation  of  less  than  six  thousand  and  more 
than  four  thousand  shall  belong  to  and  be  known  as  townships  of  the 
third  class;  townships  containing  a  population  of  less  than  four  thousand 
and  more  than  two  thousand  shall  belong  to  and  be  known  as  townships 
of  the  fourth  class;  townships  containing  a  population  of  less  than  two 
thousand  shall  belong  to  and  be  known  as  townships  of  the  fifth  class; 
the  population  of  the  several  judicial  townships  shall  be  determined  for 
the  purpose  of  this  and  the  succeeding  subdivisions  by  multiplying  by 
three  the  total  number  of  names  registered  as  voters  in  such  townships 
as  shown  by  the  complete  index  to  great  register  as  compiled  and  certi- 
fied by  the  county  clerk  of  said  class  of  counties  in  October,  A.  D.  1912. 

15.  Justices  of  the  peace.  From  and  after  January  4,  1915,  justices 
of  the  peace  of  townships  in  said  county  shall  receive  the  following 
salaries,  which  shall  be  jitxid  monthly  in  the  same  manner  as  the  salaries 
of  the  county  officers  are  paid,  out  of  the  salary  fund  of  the  county, 
which  shall  be  in  full  for  all  services  rendered  by  them  in  criminal  and 
civil  cases;  provided,  however,  that  if  two  justices  of  the  peace  shall  be 
elected  and  qualify  in  any  one  township,  then  the  said  justices  shall 
each  receive  one-half  of  the  salaries  therein  provided  for,  to  wit:  In 
townships  of  the  first  class,  two  hundred  dollars  per  month;  in  town- 
ships of  the  second  class,  one  hundred  twenty-five  dollars  per  month; 
in  townships  of  the  third  class,  fifty  dollars  per  month;  in  townships  of 
the  fourth  class,  thirty-five  dollars  per  month;  in  townships  of  the  fifth 
class,   twenty-five   dollars   per   month.     All   fees   fixed   and   provided   by 


§  4250  POLITICAL    CODE.  440 

law  and  collected  by  any  justices  of  the  peace  shall  be  paid  into  the 
county  treasury  at  the  end  of  each  month.  Justices  of  the  peace  in  the 
first  and  second  classes  shall  be  allowed  their  actual  office  rent,  not  to 
exceed  the  sum  of  fifteen  dollars  each,  for  any  one  month. 

Constables.  Constables  shall  receive  the  following  fees  and  salaries 
which  shall  be  paid  monthly  and  in  the  same  manner  as  the  salaries 
of  the  county  officqrs  are  paid,  out  of  the  salary  fund  of  the  county, 
VA'hich  shall  be  in  full  for  all  services  rendered  by  them  in  criminal 
cases,  to  wit:  In  townships  of  the  first  class,  seventy^five  dollars  per 
month;  in  townships  of  the  second  class,  seventy-five  dollars  per  month; 
in  townships  of  the  third  class,  forty  dollars  per  month;  in  townships 
of  the  fourth  class,  twenty-five  dollars  per  month;  in  townships  of  the 
fifth  class,  fifteen  dollars  per  month;  provided,  that  in  addition  to  the 
salaries  herein  allowed,  each  constable  shall  be  paid  out  of  the  general 
fund  of  the  county  for  traveling  expenses  outside  of  his  own  township 
for  the  service  of  a  warrant  of  arrest,  or  ony  other  process,  in  a  criminal 
case  (where  said  service  is  in  fact  made),  his  actual  expenses  each  way; 
for  each  mile  traveled  outside  of  his  county,  both  going  to  and  returning 
from  the  place  of  arrest  or  other  service  of  process,  his  actual  expenses 
each  way;  for  transporting  prisoners  to  the  county  jail  a  constable  shall 
be  allowed  his  actual  expenses  each  way,  which  said  actual  expenses 
are  hereby  defined  to  be  the  actual  cost  of  transportation  of  said  con- 
stable or  his  prisoner  or  prisoners.  In  addition  to  the  monthly  salaries 
herein  allowed,  each  constable  may  receive  and  retain  for  his  own  use, 
such  fees  as  are  now  or  may  hereafter  be  allowed  by  law  for  service 
rendered  by  him  in  civil  cases. 

16.  Reporter.  The  official  re]iortcr  of  the  superior  court  shall  receive 
the  fees  allowed  by  law. 

17.  Probation  officer.  The  probation  officer  of  this  county  shall  re- 
ceive, from  and  after  January  4,  1917,  the  sum  of  seven  hundred  eighty 
dollars  per  annum. 

IS.  Salaries  full  compensation.  Exception.  In  fixing  the  compensa- 
tion of  tlie  abo\e-named  officers  in  the  amounts  liereinabove  specified,  it 
is  hereby  expressly  provided  that  the  salaries  and  fees  above  provided 
shall  be  in  full  compensation  of  all  services  of  every  kind  and  descrip- 
tion rendered  by  the  officers  named  herein,  either  as  officers  or  ex  officio 
officers,  their  deputies  and  assistants;  and  it  is  hereby  further  expressly 
provided,  that  all  of  the  fees,  commissions,  per  diem  and  expenses  pro- 
vided for  in  section  four  thousand  two  hundred  ninety  of  the  Political 
Code  of  the  state  of  California,  and  all  other  moneys  coming  into  the 
hands  of  the  county  and  township  oflu'ers,  no  nuitter  from  what  source 
licrived  or  received,  shall  belong  1o  and  lie  tlw  |ii(i|M'ity  of  tlie  county 
of  Santa  Cruz  and  shall  l)e  i)aid  into  the  county  Irt'asiiry  l)y  said  officer 
at  the  same  time  ami  in  tlic  sain'.'  manner  that  other  moneys  are  re- 
quired by  law  to  be  jiaiiJ  into  tlu;  county  treasury  by  him  save  and  ex- 
(;ej)t,  however,  that  the  provisions  of  this  subdivision  shall  not  apply 
to  the  offices  of  sherifT,  recorder,  district  ;\ttorn(>y  and  superintendent 
(if  schools,  anil   llicy   aic   cxpr-cssh'   exempt  cij    fi-om   I  lie   jirovisions   of   this 


441  POLITICAL    CODE.  §  4251 

subdivision,  and  as  to  said  offices  herein  last  named,  to  wit:  sheriff, 
recorder,  district  attorney  and  superintendent  of  schools,  they  shall  re- 
ceive the  salaries,  fees  and  commissions  provided  for  by  law,  as  pro- 
vided for  in  subdivisions  two,  three,  eight  and  eleven  of  this  act. 
[Amendment  approved   April    1«,  1917;  Stats.   1917,  p.  1.33.] 

§  4251.  Comities  of  twenty-second  class,  salaries  of  officers.  In  coun- 
ties of  the  twenty-second  class  the  county  officers  shall  receive,  as  com- 
pensation for  the  services  required  of  them  by  law  or  by  virtue  of  their 
offices,  the  following  salaries,  to  wit: 

1.  County  clerk.  The  county  clerk,  two  thousand  five  hundred  dollars 
per  annum,  and  when  a  new  register  of  voters  is  required  by  law  to  be 
made,  he  shall  receive  in  addition,  fifteen  cents  per  name  for  each  voter 
registered,  which  shall  be  in  full  for  all  services  required  in  registering 
voters  and  making  the  great  register;  provided,  that  in  counties  of  this 
class  there  shall  be  and  is  hereby  allowed  to  the  county  clerk,  one 
deputy,  who  shall  be  appointed  by  said  county  clerk,  who  shall  be  paid 
a  salary  of  one  hundred  twenty-five  dollars  per  month,  and  one  deputy 
who  shall  be  appointed  by  said  county  clerk,  who  shall  be  paid  a  salary 
of  seventy-five  dollars  per  month,  said  salaries  of  said  deputies  to  be 
paid  by  said  county  monthly  at  the  same  time  and  in  the  same  manner 
and  out  of  the  same  fund,  as  the  salary  of  the  county  clerk  is  paid. 

2.  Sheriff.  The  sheriff,  four  thousand  five  hundred  dollars  per  annum; 
and  also  all  fees  for  service  of  papers  in  actions  arising  out  of  his 
county;  provided,  that  in  counties  of  this  class  there  shall  be  and  is 
hereby  allowed  to  the  sheriff  a  deputy,  who  shall  be  appointed  by  said 
sheriff,  who  shall  be  paid  a  salary  of  one  hundred  twenty-five  dollars 
per  month,  said  salary  to  be  paid  by  said  county  monthly  at  the  same 
time  and  in  the  same  manner  and  out  of  the  same  fund  as  the  salary  of 
the   sheriff  is   paid. 

3.  Recorder.  The  recorder,  two  thousand  five  hundred  dollars  per  an- 
num; provided,  that  in  counties  of  this  class  there  shall  be  and  is 
hereby  allowed  to  the  recorder,  one  deputy,  who  shall  be  appointed  by 
said  recorder,  who  shall  be  paid  a  salary  of  one  hundred  dollars  per 
month,  and  three  copyists  who  shall  be  appointed  by  said  recorder,  who 
shall  be  paid  a  salary  of  seventy-five  dollars  a  month  each,  said  salaries 
of  said  deputies  and  of  said  copyist  to  be  paid  by  said  county  monthly 
at  the  same  time  and  in  the  same  manner  and  out  of  the  same  fund,  as 
the  salary  of  the  recorder  is  paid. 

4.  Auditor.  The  auditor,  three  thousand  dollars  per  annum;  provided, 
that  in  counties  of  this  class  there  shall  be  and  is  hereby  allowed  to  the 
auditor  a  deputy  who  shall  be  appointed  by  said  auditor,  who  shall  be 
paid  a  salary,  of  one  hundred  twenty-five  dollars  per  month,  said  salary 
of  said  deputy  to  be  paid  by  said  county  monthly  at  the  same  time  and 
in  the  same  manner  and  out  of  the  same  fund,  as  the  salary  of  the 
auditor  is  paid;  and  provided,  further,  that  in  counties  of  this  class 
there  shall  be  and  is  hereby  allowed  to  the  auditor  a  deputy  who  shall 
be  appointed  by  said  auditor  for  the  period  of  time  embraced  between 
the  first   day  of  September  and  the  first  day  of   October  in  each   fiscal 


§  4251  POLITICAL    CODE.  442 

year,  who  shall  be  paid  a  salary  of  seventy-five  dollars  per  month,  said 
salary  to  be  paid  by  said  county  monthly  during  the  period  of  time  said 
deputy  shall  be  employed  at  the  same  time  and  in  the  same  manner  and 
out  of  the  same  fund  as  the  salary  of  the  auditor  is  paid. 

5.  Treasurer.     Tlie  treasurer,  three  thousand  dollars  per  annum. 

6.  Tax  collector.  The  tax  collector,  two  thousand  five  hundred  dollars 
per  annum;  provided,  that  in  counties  of  this  class  there  shall  be  and 
is  hereby  allowed  to  the  tax  collector,  a  deputy,  who  shall  be  appointed 
by  said  tax  collector,  who  shall  be  paid  a  salary  of  one  hundred  dollars 
per  month,  said  salary  to  be  paid  by  said  county  monthly  at  the  same 
time  and  in  the  sarne  manner  and  out  of  the  same  fund  as  the  salary  of 
the  tax  collector  is  paid;  provided,  further,  that  in  counties  of  this  class 
there  shall  be  and  is  hereby  allowed  to  the  tax  collector  a  deputy  for 
the  period  of  time  embraced  between  the  first  day  of  July  and  the 
thirty-first  of  December  in  each  fiscal  year,  and  also  for  the  period  of 
time  embraced  between  the  first  day  of  April  and  the  first  day  of  June 
in  each  fiscal  year.  Said  deputy  shall  be  appointed  by  said  tax  collector, 
and  shall  be  paid  a  salary  of  seventy-five  dollars  per  month  during  the 
period  of  time  said  deputy  shall  be  employed,  to  be  paid  by  said  county 
monthly  at  the  same  time  and  in  the  same  manner  and  out  of  the  same 
fund  as  the  salary  of  the  tax  collector  is  paid;  provided,  further,  that 
in  counties  of  this  class  there  shall  be  and  is  hereby  allowed  to  the  tax 
collector  a  copyist  for  the  period  of  time  embraced  between  the  fifteenth 
day  of  August  and  the  fifteenth  day  of  December  in  each  year.  Said 
copyist  shall  be  appointed  by  said  tax  collector,  and  shall  be  paid  a 
salary  of  fifty  dollars  per  month  during  the  period  of  time  said  copyist 
shall  be  employed,  to  be  paid  by  said  county  monthly  at  the  same  time 
and  in  the  same  manner  and  out  of  the  same  fund  as  the  salary  of  the 
collector  is  paid. 

7.  Assessor.  The  assessor,  four  thousand  dollars  per  annum,  and  also 
such  fees  and  commissions  as  are  allowed  by  law;  provided,  that  in 
counties  of  this  class  there  shall  be  and  is  hereby  allowed  to  the  assessor, 
a  deputy,  who  shall  be  appointed  by  said  assessor,  who  shall  be  paid  a 
salary  of  one  hundred  twenty-five  dollars  per  month,  to  be  paid  by  said 
county  monthly  at  the  same  time  and  in  the  same  manner  and  out  of  the 
same  fund,  as  the  salary  of  the  assessor  is  paid;  and  provided,  further, 
that  in  counties  of  this  class  there  shall  be  and  is  hereby  allowed  to  the 
assessor,  a  deputy  who  shall  be  appointed  by  said  assessor,  who  shall 
be  paid  a  salary  of  one  hundred  dollars  per  month,  to  be  paid  by  said 
county  monthly,  at  the  same  time,  and  in  the  same  manner  and  out  of 
the  same  fund  as  the  salary  of  the  assessor  is  paid;  and  provided, 
further,  that  in  counties  of  this  class  the  board  of  supervisors  is  hereby 
authorized  and  empowered  to  furnish  the  assessor  with  a  copyist  for 
whatever  time  said  board  of  supervisors  may  deem  necessary  during 
cnch  year.  Baid  copyist  shall  be  paid  a  salary  of  seventy-five  dollars 
a  moiilh  to  ])('  i>aid  by  said  county  monthly,  at  the  same  time,  and  in  the 
saMic  iiiaiiiicr  and  out  of  tlie  same  fund  as  llie  salary  of  said  assessor  is 
paid. 

H.  District  attorney.  The  district  attorney  three  thousand  dollars  per 
annuMi;    provided,    tliat    in    counties    of    this    class,    the    district    attorney 


443  POLITICAL  CODE.  ,     1 4251 

may  appoint  a  deputy  which  oflice  of  doputy  district  attorney  is  hereby 
created;  said  deputy  to  be  employed  at  sucli  times  aud  to  receive  such 
salary  not  to  exceed  the  sum  of  one  hundred  fifty  dollars  per  month 
as  the  board  of  supervisors  may  fix  by  resolution;  provided,  further,  that 
said  district  attorney  may  appoint  a  stenographer  at  a  salary  of  sev- 
enty-five dollars  per  month.  Said  deputy  and  said  stenographer  shall  be 
paid  at  the  same  time  and  out  of  the  same  fund  as  other  county  officers 
are  paid. 

9.  Superintendent  of  schools.  Tlie  superintendent  of  schools,  two 
thousand  four  hundred  dollars  per  annum  and  actual  traveling  expenses, 
when  visiting  schools  of  his  county;  provided,  that  in  counties  of  this 
class  there  shall  be  and  is  hereby  allowed  to  the  superintendent  of 
schools,  a  deputy  who  shall  be  appointed  by  said  superintendent  of 
schools,  and  who  shall  be  paid  a.  salary  of  one  hundred  dollars  per  month, 
to  be  paid  by  said  county  monthly,  at  the  same  time  and  in  the  sarne 
manner  and  out  of  the  same  fund  as  the  salary  of  the  superintendent 
of  schools  is  paid. 

10.  Coroner.  The  coroner,  such  fees  as  are  now^  or  may  be  hereafter 
allowed  by  law. 

11.  Public  administrator.  The  public  administrator  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law. 

12.  Surveyor.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

13.  Population  of  townships.  Justices  of  the  peace.  For  the  purpose 
of  fixing  the  compensation  of  justices  of  the  peace  according  to  their 
duties,  townships  in  counties  of  this  class  are  hereby  classified  according 
to  their  population  as  follows:  Tow^nships  having  a  population  of  ten 
thousand  or  more  shall  belong  to  and  be  known  as  townships  of  the  first 
class;  townships  having  a  population  of  less  than  ten  thousand  and  more 
than  five  thousand  shall  belong  to  and  be  known  as  townships  of  the 
second  class;  townships  having  a  population  of  less  than  five  thousand 
and  more  than  ten  thousand  shall  belong  to  and  be  known  as  townships 
of  the  third  class;  townships  having  a  population  of  less  than  one  thou- 
sand and  more  than  nine  hundred  shall  belong  to  and  be  known  as  town- 
ships of  the  fourth  class;  townships  having  a  population  of  less  than 
nine  hundred  shall  belong  to  and  be  known  as  townships  of  the  fifth 
class.  The  population  of  the  several  townships  shall  be  determined  by 
the  board  of  supervisors  upon  the  enactment  of  this  act  and  also  at 
the  time  of  the  formation  of  any  new  township  or  townships  for  the 
purpose  of  this  and  the  succeeding  subdivisions  by  the  last  federal  cen- 
sus taken  during  the  year  1910.  Justices  of  the  peace  shall  receive  the 
following  salaries: 

In  townships  of  the  first  class  the  sum  of  one  hundred  fiftj'  dollars 
jier  month; 

In  townships  of  tlie  second  class  the  sum  of  one  hundred  twentj'-five 
dollars  per  month ; 

In  townships  of  the  third  class  the  sum  of  thirty  dollars  per  month; 

In  townships  of  the  fourth  class  the  sum  of  ten  dollars  per  month; 

In  townships  of  the  fifth  class  the  sum  of  five  dollars  per  mouth; 


§  4252  POLITICAL   CODE.  444 

Such  salaries  shall  be  paid  in  the  same  manner  and  out  of  the  same 
fund  as  the  salaries  of  county  officers  are  paid  and  shall  be  compensa- 
tion in  full  for  all  services  rendered.  All  fees  received  by  justices  of 
the  peace  shall  be  paid  into  the  county  treasury  every  month.  Justices 
of  the  peace  in  the  first,  and  second  classes  shall  be  allowed  their  actual 
office  rent  not  to  exceed  the  sum  of  fifteen  dollars  ($15.00)  per  month. 
Also  their  civil  and  criminal  dockets  and  legal  blanks. 

14.  Constables.  Constables,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law,  and  in  addition  thereto  three  dollars  per  day  for  each 
day's  actual  attendance  in  court  during  a  jury  trial  therein  or  prelimi- 
nary examination  for  felony;  provided,  that  no  constable  shall  receive 
more  than  three  dollars  for  any  one  day's  attendance  on  any  court. 

15.  Supervisors.  Bach  member  of  the  board  of  supervisors,  fifty  dol- 
lAs  per  month  and  mileage  at  the  rate  of  ten  cents  per  mile  for  travel- 
ing to  and  from  his  residence  to  the  county  seat;  and  also  mileage  for 
his  services  as  road  commissioner  at  the  rate  of  twenty  cents  per  mile 
one  w^ay,  for  all  distances  actually  traveled  in  the  discharge  of  his  duties 
as  such  road  commissioner;  provided,  that  such  mileage  as  road  com- 
missioner shall  not  in  any  one  year  exceed  the  sum  of  three  hundred 
dollars. 

16.  Board  of  education.  Each  member  of  the  board  of  education  in- 
cluding the  secretary,  five  dollars  per  day  when  the  board  is  in  session, 
and  ten  cents  per  mile  for  traveling  to  and  from  his  or  her  residence  to 
the  county  seat  at  each  session,  unless  otherwise  provided  for  by  law. 
[Amendment  approved  May  28,   1917;   Stats.   1917,  p.   1003.] 

§  4252.  Counties  of  twenty-third  class,  salaries  of  officers.  In  coun- 
ties of  the  twenty-third  class,  the  county  and  township  officers  shall 
receive  as  compensation  for  services  required  of  them  by  law,  or  by 
virtue  of  their  office,  the  following  salaries,  to  wit: 

1.  County  clerk.  The  county  clerk,  three  thousand  dollars  per  annum; 
provided,  that  he  shall  have  power  to  appoint  one  deputy  at  a  salary  of 
one  thousand  five  hundred  dollars  per  annum,  payable  at  the  same  time 
and  in  the  same  manner  as  that  of  other  county  officers;  and  further 
provided,  that  he  shall  have  powder  to  appoint  one  deputy  at  a  salary  of 
one  thousand  two  hundred  dollars  per  annum,  payable  at  the  same  time 
and  in  the  same  manner  as  that  of  other  county  officers;  and  further 
provided,  that  in  every  even  numbered  year  he  shall  have  power  to  ap- 
point one  deputy  at  a  salary  of  nine  hundred  dollars  per  annum,  payable 
at  the  same  time  and  in  the  same  manner  as  that  of  other  county  officers; 
and  further  provided,  that  he  shall  receive  six  hundred  dollars  per  an- 
num for  compiling  a  great  register  and  for  services  performed  in  prepar- 
ation for  any  and  all  elections,  which  shall  be  in  full  for  all  services 
required  in  registering  voters  and  for  all  services  performed  in  prepara- 
tion for  elections.  The  county  clerk  shall  also  receive  and  retain,  for 
his  own  use  and  benefit,  all  fees  and  commissions  wMiich  now  are,  or 
which  may  hereafter  be  allowed  by  law. 

2.  Sheriff.  The  sheriff,  three  thousand  five  hundred  dollars  per  an- 
num;   provided,  that  he   shall   have  the  power   to  appoint  two  deputies. 


445  POLITICAL  CODE.  §  4252 

vvliicli  offices  are  hereby  created,  at  a  salary  of  one  thousand  five  hun- 
dred dollars  each  per  annum,  payable  at  the  same  time  and  in  the  same 
manner  as  that  of  other  couuty  officers.  The  sheriff  shall  also  receive 
aud  retain  in  all  civil  cases  for  his  own  use  and  benefit,  fees,  commis- 
sions and  mileage  which  now  are  or  which  may  hereafter  be  allowed  by 
law;  and  also  all  expenses  incurred  in  the  pursuit  of  criminals  or  trans- 
acting any  criminal  business.  The  sheriff  shall  also  receive  and  retain 
for  his  own  use  and  benefit  mileage  and  fees  for  the  service  of  process 
or  papers  issued'  by  any  court  in  the  state. 

3.  Recorder.  In  effect  when.  The  recorder,  two  thousand  four  hun- 
dred dollars  per  anniiiu;  provided,  that  he  shall  have  the  power  to  ap- 
point one  deputy  at  a  salary  of  one  thousand  two  hundred  dollars  per 
annum,  and  one  deputy  at  a  salary  of  one  thousand  eighty  dollars  per 
annum,  payable  at  the  same  time  and  in  the  same  manner  as  that  of 
other  couuty  officers;  provided,  however,  that  the  foregoing  provisions  of 
this  subdivision  of  this  section  shall  not  be  in  force,  or  go  into  effect, 
until  the  expiration  of  the  term  of  office  of  the  incumbent;  and  until 
then,  the  provisions  of  subdivision  three  of  section  four  thousand  two 
hundred  fifty-two  of  the  Political  Code,  approved  June  1,  1915,  shall 
continue  in  force. 

4.  Auditor.  The  county  auditor,  two  thousand  four  hundred  dollars; 
provided,  that  he  shall  have  the  power  to  appoint  one  deputy  at  a  salary 
of  one  thousand  two  hundred  dollars  per  annum,  and  one  deputy  at  a 
salary  of  nine  hundred  dollars  per  annum;  and  provided,  that  in  coun- 
ties of  this  class  there  shall  be  and  hereby  is  allowed  to  the  county 
auditor,  such  additional  assistants  as  the  auditor  may  require,  during 
the  months  of  July,  September  and  December  of  each  year,  and  whose 
compensation  in  the  aggregate  shall  not  exceed  two  hundred  dollars  in 
any  one  year. 

5.  Treasurer.  The  treasurer,  two  thousand  four  hundred  dollars  per 
annum;  provided,  that  he  shall  have  power  to  appoy^t  one  deputy,  which 
office  is  hereby  created,  at  a  salary  of  one  thousand  eighty  dollars  per 
annum,  payable  at  the  same  time  and  in  the  same  manner  as  that  of 
other  county  officers.  The  treasurer  shall  receive  and  retain  for  his  own 
use  the  fees  and  commissions  now  or  hereafter  to  be  allowed  him  by  law. 

6.  Tax  collector.  The  tax  collector,  two  thousand  four  hundred  dol- 
lars per  annum;  provided,  he  shall  have  power  to  appoint  one  deputy, 
which  office  is  hereby  created,  at  a  salary  of  one  thousand  eighty  dollars 
per  annum,  payable  at  the  same  time  and  in  the  same  manner  as  that 
of  other  county  officers;  and  provided,  further,  he  shall  have  power  to 
appoint  one  deputy  during  the  months  of  August,  September,  October, 
November  and  December  of  each  year,  which  office  is  hereby  created,  at 
a  salary  of  seventy-five  dollars  per  month,  payable  at  the  same  time 
and  in  the  same  manner  as  that  of  other  county  officers. 

7.  Assessor.  The  assessor,  four  thousand  two  hundred  dollars  per 
annum;  provided,  that  he  shall  have  power  to  appoint  one  deputy,  which 
office  is  hereby  created,  at  a  salary  of  one  thousand  eighty  dollars  pei' 
annum,  payable  at  the  same  time  and  in  the  same  manner  as  that  of 
other   county   officers,   and   said   assessor   shall   also   receive   the   commis 


§  4252  POLITICAL   CODE.  446 

sions  on  the  amount  of  personal  property  tax  as  is  provided  in  and  by 
section  four  thousand  two  hundred  ninety  of  the  Political  Code  and  five 
cents  per  name  for  military  roll. 

8.  District  attorney.  The  district  attorney,  two  thousand  four  hun- 
dred dollars  per  auuuui,  and  his  actual  traveling  expenses  when  prose- 
cuting criminals  within  the  county;  provided,  that  he  shall  have  power 
to  appoint  two  deputies,  which  offices  are  hereby  created,  one  of  said 
deputies  to  receive  a  salary  of  one  thousand  two  hundred  dollars  per 
annum^  and  the  other  deputy  to  receive  a  salary  of  nine  hundred  dollars 
per  annum;  the  salary  of  each  of  said  deputies  to  be  payable  in  the 
same  manner  and  at  the  same  time  as  that  of  other  county  officers. 

9.  Coroner.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be 
allowed  bj'  law. 

10.  Public  administrator.  The  public  administrator,  such  fees  as  now 
or  may  hereafter  be  allowed  by  law. 

11.  Superintendent  of  schools.  The  superintendent  of  schools,  two 
thousand  four  hundred  dollars  per  annum,  and  his  actual  traveling  ex- 
penses when  visiting  the  schools  of  the  county;  provided,  that  he  shall 
have  the  power  to  appoint  one  deputy,  which  office  is  hereby  created,  at 
a  salary  of  one  thousand  five  hundred  dollars  per  annum,  payable  at  the 
same  time  and  in  the  same  manner  as  that  of  other  county  officers;  and 
provided,  that  he  shall  not  receive  in  any  one  year  of  his  term  of  office, 
compensation  for  his  services  as  secretary  of  the  county  board  of  educa- 
tion, in  excess  of  two  hundred  dollars. 

12.  Surveyor.  The  surveyor,  one  thousand  eight  hundred  dollars  per 
annum,  for  all  work  performed  for  the  county,  and  in  addition  thereto 
his  actual  necessary  traveling  and  other  expenses  incurred  in  connection 
with  field  work,  and  cost  of  preparing  maps,  plats,  block-books  and  trac- 
ings, for  the  assessor  when  directed  by  him. 

i:!.  Justices  of  tffe  peace.  The  justices  of  the  peace  shall  receive 
tlie  following  monthly  salaries,  to  be  paid  each  month  as  the  salaries  of 
the  county  officers  are  paid,  which  shall  be  in  full  for  all  services  ren- 
dered by  them:  (1)  in  townships  having  a  population  of  five  thousand 
or  more,  one  hundred  thirty  dollars  per  month;  provided,  that  where 
there  is  now  or  may  be  hereafter  created  in  such  township  more  than 
one  justice  of  the  peace,  the  monthly  salary  of  said  two  justices  shall 
each  be  one  hundred  dollars  per  month;  (2)  in  townships  having  a  popu- 
lation of  two  thousand  five  hundred  and  less  than  five  thousand,  sixty- 
five  dollars  per  month;  (3)  in  townships  having  a  population  of  one 
thousand  five  hundred  and  less  than  two  thousand  five  hundred,  sixty 
dollars  per  month;  (4)  in  townships  having  a  population  of  one  thousand 
;ind  less  than  one  thousand  five  hundred,  forty-five  dollars  per  month; 
(."})  in  townships  having  a  population  of  five  hundred  and  less  than  one 
thousand,  thirty-five  dollars  per  month;  (6)  and  in  townships  having  a 
pO[)nlation  of  less  than  five  hundred,  thirty  dollars  ])ev  month.  Each  jus- 
tice must  pay  into  the  county  treasury  once  a  iiKtnlli  all  fres  and  fines 
collcclcd  by  him. 

14.  Constables.  'I'hc  coiisfnMc  slmll  receive  the  following  salaries  to 
!)(•   ]iai(|    cacl:    iiionlli    as    salaries    of    Ihi;   county   oflicers    are    jiaid,   which 


447  POLITICAL  CODE.  §§  4252a-4254 

shall  be  in  full  for  all  services  rendered  by  them  in  criminal  cases  and 
in  all  other  criminal  matters:  (1)  in  townships  having  a  population  of 
five  thousand  or  more,  seventy-five  dollars  per  month;  (2)  in  townships 
having  a  population  of  two  thousand  five  hundred,  and  less  than  five 
thousand,  fifty  dollars  per  month;  (3)  in  townships  having  a  population 
of  one  thousand  five  hundred  or  less  than  two  thousand  five  hundred, 
forty-five  dollars  per  month;  (4)  in  townships  having  a  population  of 
one  thousand  and  less  than  one  thousand  five  hundred,  thirty-five  dollars 
per  month;  (5)  in  townships  having  a  population  of  five  hundred  and 
less  than  one  thousand,  thirty  dollars  per  month;  (6)  in  townships  hav- 
ing a  population  of  less  than  five  hundred,  twenty  dollars  per  month; 
])rovided,  that  in  addition  to  the  salary  herein  allowed,  each  constable 
shall  be  paid  out  of  the  treasury  of  the  county  for  necessary  traveling 
expenses  in  his  own  district,  forthe  service  of  a  warrant  of  arrest  or 
any  other  process  in  a  criminal  case,  or  other  criminal  matters,  wheii 
such  service  is  in  fact  made,  both  going  and  returning,  ten  cents  per 
mile;  for  each  mile  traveled  out  of  his  county,  both  going  and  returning, 
from  the  place  of  arrest  in  the  service  of  process,  five  cents  per  mile; 
and  for  transporting  persons  to  the  county  jail,  ten  cents  per  mile  each 
way.  In  addition  to  the  monthly  salary  allowed  him  herein  each  con- 
stable shall  receive  for  his  own  use,  the  fees'  in  civil  eases,  which  now 
or  may  hereafter  be  allowed  hj  law. 

15.  Supervisors.  The  supervisors,  each,  the  sum  of  one  thousand  two 
hundred  dollars  x'<?i'  annum,  and  twenty  cents  per  mile  for  all  distances 
actually  traveled,  in  the  performance  of  his  duty  as  road  commissioner, 
not  to  exceed  two  hundred  dollars  per  annum,  together  with  mileage 
at  the  rate  of  twenty  cents  per  mile,  in  going  only,  from  his  place  of 
residence  to  the  county  seat  at  each  session  of  the  board. 

16.  Phonographic  reporter.  In  counties  of  this  class  the  official  phono- 
graphic reporter  of  the  superior  court  shall  receive  as  compensation  for 
his  services  the  fees  and  compensation  now  or  hereafter  provided  by 
law,  and  in  addition  thereto  shall  receive  five  dollars  per  day  when  not 
actually  engaged  in  reporting  in  said  court,  but  when  in  attendance  on 

■  court  in  compliance  with  and  as  provided  by  section  two  hundred  sev- 
enty-one of  the  Code  of  Civil  Procedure,  the  said  per  diem  of  five  dol- 
lars to  be  paid  in  the  same  manner  as  provided  in  criminal  cases. 

17.  Population  of  townships.  For  the  purpose  of  subdivisions  thirteen 
and  fourteen  of  this  section,  the  population  of  the  several  townships 
shall  be  ascertained  and  determined  by  the  board  of  supervisors  by 
multiplying  by  three  and  one-half,  the  vote  cast  for  presidential  electors 
in  each  township  at  the  next  preceding  election  therefor.  [Amendment 
approved  April  6,  1917;   Stats.  1917,  p.  66.]. 

§  4252a.  Counties  of  twenty-third  class,  salaries  of  jurors.  In  coun- 
ties of  the  twenty-third  class,  grand  jurors  and  trial  jurors  in  the  supe- 
rior court  shall  receive  for  each  day's  attendance,  three  dollars,  and  for 
every  mile  actually  traveled  in  attending  court  as  such  juror,  in  going 
only  fifteen  cents.     [New  section  added  April  6,  1917;  Stats.  1917,  p.  70.] 

§  4254.  Counties  of  twenty-fifth  class,  salaries  of  oflacers.  In  counties 
of  the  twenty-fifth  class,  the  county  officers  shall  receive  as  compensa- 


§  4254  POLITICAL   CODE.  448 

tioii   for   the   services   required   of   them   by   law,   or   by   virtue    of    their 
offices,  the  followiug  salaries,  to  wit: 

1.  County  clerk.  The  county  clerk,  two  thousand  seven  hundred  dol- 
lars per  annum,  and  registration  fees;  all  other  fees  of  the  clerk's  office 
to  be  paid  into  the  county  treasury;  provided,  that  in  counties  of  this 
class  there  shall  be  a  chief  deputy  clerk  who  shall  be  paid  a  salary  of 
one  thousand  seven  hundred  fifty  dollars  per  annum  in  equal  monthly 
installments,  said  chief  deputy,  in  addition  to  his  other  duties,  to  pre- 
pare all  deeds  for  the  county  without  extra  cost  to  the  county;  also,  in 
addition  to  the  deputy  clerk  authorized  by  the  special  act  of  the  legisla- 
ture at  a  salary  of  one  thousand  two  hundred  dollars  per  annum,  one 
deputy  clerk  who  shall  be  paid  a  salary  of  one  thousand  two  hundred 
dollars  per  annum,  to  be  paid  in  equal  monthly  installments;  also  one 
deputy  clerk  who  shall  be  paid  nine  hundred  sixty  dollars  per  annum, 
to  be  paid  in  equal  monthly  installments;  and  also  a  stenographer  at  a 
salary  of  fifty  dollars  per  month  for  one  month  preceding  an  election 
where  a  register  of  voters  is  required;  the  salaries  of  said  deputy  clerks 
to  be  paid  at  the  same  time,  and  in  the  same  manner,  and  out  of  the 
same  fund  as  the  salary  of  the  county  clerk,  the  clerk  also  to  receive 
ten  cents  a  name  for  each  person  registered,  which  shall  be  allowed  by 
the  board  of  supervisors  of  the  county.  He  shall  also  be  allowed  not  to 
exceed  ten  deputies  for  the  purpose  of  registering  electors,  who  shall  be 
paid  not  to  exceed  five  cents  for  each  elector  registered;  that  any  of 
such  deputies  as  are  required  to  work  in  the  ofiice  shall  receive  not  to 
exceed  two  dollars  and  fifty  cents  per  day  for  the  time  so  employed. 
The  change  in  compensation  hereby  made  is  not  an  increase  in  eompen- 
satioD  of  a  county  officer  and  shall  become  operative  as  soon  as  this  act 
takes  effect  as  to  the  deputy  clerks  and  the  stenographer  and  their  sal- 
aries, but  shall  not  become  operative  as  to  the  county  clerk  and  his  salary 
and  fees  until  the  first  Monday  after  the  first  day  of  January,  1919. 

2.  Sheriff.  The  sheriff,  three  thousand  dollars  per  annum  and  mileage 
for  the  service  of  papers  or  process  coming  from  courts  other  than  those 
of  his  own  county;  provided,  that  in  counties  of  this  class  there  shall 
be  one  chief  deputy  sheriff  at  one  thousand  three  hundred  twenty 
dollars  per  annum,  to  be  paid  in  equal  monthly  installments;  one  deputy 
sheriff  at  one  thousand  three  hundred  twenty  dollars  per  annum,  who 
shall  act  as  jailer  of  the  county  jail,  and  one  deputy  sheriff  at  one  thou- 
sand two  hundred  dollars  per  annum,  said  deputy  sheriff  to  be  in  addi- 
tion to  the  deputy  sheriff  authorized  by  special  act  of  the  legislature 
at  a  salary  of  one  thousand  two  hundred  dollars  per  annum.  The  change 
in  compensation  hereby  made  is  not  an  increase  in  the  compcusation  of 
a  county  officer  and  shall  become  operative  as  soon  as  this  act  takes 
effect. 

3.  Recorder.  The  recorder,  two  thousand  two  hundred  dollars  per 
annum;  and  said  recorder  shall  collect  and  pay  into  the  county  treasury 
for  the  use  and  benefit  of  the  county  the  fees  required  by  law  to  be 
collected;  provided,  that  in  counties  of  this  class  there  shall  be  one 
chief  deputy  recorder  who  shall  receive  a  salary  of  one  thousand  five 
hundred  dollars  per  aunnni,  one   indexing  deputy  recorder  who  shall  re- 


4-49  POLITICAL   CODE.  §  4254 

ceive  a  salary  of  oue  thousand  two  hundred  dollars  per  annum,  and  two 
copyists  who  shall  each  receive  a  salary  of  nine  hundred  dollars  per 
annum,  the  salaries  of  said  recorder,  deputies  and  copyists  to  be  paid  in 
equal  monthly  installments  by  the  county.  This  section  shall  not  go 
into  effect  until  the  first  Monday  after  the  first  day  of  January,  1919. 

4.  Auditor.  The  auditor,  two  thousand  four  hundred  dollars  per  an- 
num; provided,  that  in  counties  of  this  class  there  shall  be  one  deput,y 
auditor  who  shall  receive  a  salary  of  one  thousand  five  hundred  dollars 
per  annum,  and  one  deputy  auditor  who  shall  receive  a  salary  of  nine 
hundred  dollars  per  annum.  This  section  shall  not  go  into  effect  until 
the  first  Monday  after  the  first  day  of  January,  1919. 

5.  Treasurer.  The  treasurer,  one  thousand  eight  hundred  dollars  per 
annum  and  the  fees  and  commissions  now  or  hereafter  allowed  by  law. 

6.  Tax  collector.  The  tax  cQllector,  one  thousand  two  hundred  dollars 
per -annum,  and  the  fees  and  commissions  now  or  hereafter  allowed  by 
law;  provided,  that  in  counties  of  this  class,  there  shall  be  one  deputy 
tax  collector  who  shall  receive  a  salary  of  one  thousand  eight  hundred 
dollars  per  annum,  to  be  paid  in  equal  monthly  installments  at  the  same 
time  and  out  of  the  same  fund  as  the  salary  of  the  tax  collector;  also 
provided,  that  in  counties  of  this  class  there  shall  be  one  deputy  tax 
collector  for  not  exceeding  four  months  in  each  year  at  a  salary  of  sev- 
enty-five dollars  per  month,  also  one  deputy  tax  collector  for  not  exceed- 
ing five  months  in  each  year,  at  seventy-five  dollars  per  annum,  said 
salaries  to  be  paid  by  the  county  out  of  the  same  fund  as  the  tax 
collector's. 

7.  Assessor.  The  assessor,  two  thousand  six  hundred  dollars  per  an- 
num, and  the  fees  and  commissions  now  or  hereafter  allowed  by  law; 
provided,  that  in  counties  of  this  class  there  shall  be  allowed  two  depu- 
ties who  shall  be  appointed  by  the  assessor,  one  to  receive  a  salary  of 
one  thousand  five  hundred  dollars  per  annum  and  one  to  receive  a  salary 
of  one  thousand  three  hundred  twenty  dollars  per  annum  in  equal 
monthly  installments,  at  the  same  time  and  in  the  same  manner  and  out 
of  the  same  fund  as  the  salary  of  the  assessor  is  paid.  It  shall  be  the 
duty  of  said  deputies,  among  other  things,  to  make  and  correct  all 
necessary  plats,  maps,  and  block-books  for  the  assessor's  office;  pro- 
vided, also,  that  for  each  name  upon  the  assessment-roll,  representing 
oue  or  more  statements  in  excess  of  four  thousand  five  hundred,  the 
assessor  shall  receive  fifty  cents.  The  change  in  compeasation  hereby 
made  is  not  an  increase  in  compensation  of  a  county  officer  and  shall 
become  operative  as  soon  as  this  act  takes  effect. 

8.  District  attorney.  The  district  attorney,  two  thousand  six  hundred 
dollars  per  annum;  provided,  that  in  counties  of  this  class  there  shall 
be  one  deputy  district  attorney  at  a  salary  of  one  thousand  dollars  per 
annum,  to  be  paid  in  equal  monthly  installments  by  the  county. 

9.  Coroner.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law. 

10.  Public  administrator.  The  public  administrator,  such  fees  as  are 
now  or  may  hereafter  be  allowed  by  law. 

29 


§  4254  POLITICAL   CODE.  450 

11.  Superintendent  of  schools.  The  superintendent  of  scliools,  two 
thousand  dollars  per  annum.  He  shall  also  be  allowed  his  actual  travel- 
ing expenses  when  visiting  the  schools  of  the  county,  which  expenses 
shall  not  exceed  the  sum  of  five  hundred  dollars  in  any  one  year.  He 
shall  receive  nothing  for  his  services  as  a  member  of  the  board  of  edu- 
cation. The  superintendent  of  schools  shall  be  allowed  one  deputy,  to 
be  appointed  by  the  principal,  which  said  deputy  shall  be  allowed  a 
salary  of  one  thousand  twenty  dollars  per  annum,  to  be  paid  at  the  same 
time,  in  the  same  manner,  and  out  of  the  same  fund  as  the  salary  of 
the   superintendent  of   schools   is   paid. 

12.  Surveyor.  The  surveyor  shall  receive  three  thousand  dollars  per 
annum,  and  in  addition  thereto,  all  actual  traveling  and  other  necessary 
expenses  incurred  in  connection  with  field  work.  He  shall  have  one 
deputy  county  surveyor  at  a  salary  of  one  thousand  eight  hundred  dol- 
lars per  annum,  and  one  draftsman  at  a  salary  of  one  thousand  five 
hundred  dollars  per  annum,  said  deputy  and  draftsman  to  be  appointed 
by  the  principal  and  paid  at  the  same  time  and  in  the  same  manner 
as  the  county  surveyor.  It  shall  be  the  duty  of  the  surveyor  among 
other  things,  to  make  all  necessary  county  and  road  maps,  and  all  neces- 
sary plans  and  specifications  for  bridge  work  and  county  buildings;  pro- 
vided, however,  that  when  in  the  judgment  of  the  board  of  supervisors 
of  the  county,  it  is  necessary  to  employ  additional  assistance  for  the 
performance  of  said  work,  other  than  with  regard  to  roads,  the  board  of 
supervisors  may  allow  the  necessary  actual  expense  thereof.  Also  to 
prepare  all  maps  or  plats  necessary  to  accompany  reports  made  by  him 
on  road  work,  and  prepare  and  keep  all  the  necessary  and  proper 
records  in  his  office;  provided,  he  shall  receive  nothing  for  preparing 
any  map  or  plat  necessary  to  accompany  reports  made  by  him  on  road 
work,  nor  for  preparing  and  keeping  the  proper  records  in  his  office. 
He  shall  at  all  times  be  subject  to  the  orders  of  the  board  of  super- 
visors. The  office  of  the  county  surveyor  shall  be  kept  open  for  the 
accommodation  of  the  public,  with  the  surveyor,  a  deputy,  or  a  com- 
petent clerk  in  charge  from  nine  o'clock  A.  M.  until  five  o'clock  P.  M., 
the  same  as  other  county  offices.  The  county  surveyor  shall  be  allowed 
the  services  of  a  competent  clerk,  to  be  appointed  by  the  principal, 
and  receive  a  salary  of  sixty  dollars  per  month,  to  be  paid  out  of  the 
same  fund,  at  the  same  time  and  in  the  same  manner  as  other  county 
officers  are  paid.  Such  compensation  and  salaries  as  above  set  forth 
shall  be  in  full  for  all  services  as  such  county  surveyor,  and  all  fees 
and  compensation  received  or  collected  by  him  for  services  other  than 
for  the  county,  shall  be  paid  into  the  county  treasury. 

13.  Classification  of  townships.  For  the  purpose  of  regulating  the 
compensation  of  justices  of  the  peace  and  constables,  townships  of  this 
class  of  counties  are  hereby  classified  according  to  their  population,  as 
shown  by  the  total  number  of  registered  voters,  in  each  township,  at 
the  next  preceding  general  election,  prior  to  the  fixing  of  the  classifica- 
tion, the  said  population  to  bo  determined  by  multiplying  the  said  total 
number  of  registered  voters  by  three;  townships  having  a  population  of 
fifteen  thousand  and  more  shall  belong  to  and  be  known  as  townships 
of  the  first  class;  townships  having  a  population  of  eight  thousand  and 


451  POLITICAL    CODE.  §  4254 

less  than  fifteen  thousand  shall  belong  to  and  be  known  as  townships 
of  the  second  class;  townships  having  a  population  of  three  thousand 
and  less  than  eight  thousand  shall  belong  to  and  be  known  as  town- 
ships of  the  third  class;  townships  having  a  population  of  one  thousand 
and  less  than  three  thousand  shall  belong  to  and  be  known  as  town- 
ships of  the  fourth  class;  townships  having  a  population  of  less  than 
one  thousand  shall  belong  to  and  be  known  as  townships  of  the  fifth 
class;  provided,  that  the  board  of  supervisors  of  the  county  may,  prior 
to  any  general  election,  consolidate  two  or  more  of  such  townships 
into  one. 

13a.  Justices  of  the  peace.  Justices  of  the  peace  shall  receive  the 
following  monthly  salaries,  to  be  paid  each  month  as  county  ofiicers 
are  paid,  which  shall  be  in  full  compensation  for  all  services  rendered 
by  them,  to  wit :  In  townships  of  the  first  class,  one  hundred  forty  dol- 
lars per  month;  in  townships  of  the  second  class,  eighty  dollars  per 
month;  in  townships  of  the  third  class,  fifty-five  dollars  per  month;  in 
townships  of  the  fourth  class,  thirty  dollars  per  month;  in  townships 
of  the  fifth  class,  twenty  dollars  per  month.  Each  justice  must  pay 
into  the  county  treasury  once  a  month  all  fees  and  fines  collected  by 
him.  .Justices  of  the  peace  of  the  first  class  are  required  to  keep  their 
offices  open  from  nine  o'clock  A.  M.  until  five  o'clock  P.  M.  In  town- 
ships of  the  first,  second  and  third  classes  the  board  of  supervisors 
shall  furnish  adequate  office  room,  in  all  other  townships  all  justices 
shall  be  allowed  not  to  exceed  five  dollars  per  month  for  office  rent. 
These  salaries  shall  also  apply  to  incumbents. 

14.  Constables.  Constables  shall  receive  the  following  monthly  sal- 
aries, to  be  paid  each  month  as  the  county  officers  are  paid,  whi^h 
shall  be  in  full  compensation  for  all  services  rendered  by  them  in 
criminal  cases,  to  wit:  In  townships  of  the  first  class,  one  hundred 
twenty-five  dollars;  in  townships  of  the  second  class,  one  hundred  dol- 
lars; in  townships  of  the  third  class,  eighty  dollars;  in  townships  of 
the  fourth  class,  sixty  dollars;  in  townships  of  the  fifth  class,  forty 
dollars.  In  addition  to  the  monthly  salaries  herein  allowed,  each  con- 
stable may  receive  and  retain  for  his  own  use,  such  fees  as  are  now 
allowed  or  may  hereafter  be  allowed  by  law,  for  all  services  rendered 
b}^  him  in  civil  actions,  and  shall  also  be  allowed  all  necessary  expenses 
actually  incurred  in  arresting  and  conveying  prisoners  to  court  or  to 
prison,  which  expenses  shall  be  audited  and  allowed  by  the  board  of 
supervisors,  and  paid  out  of  the  county  treasury;  provided,  further, 
that  when  a  constable  is  required  to  go  out  of  his  own  county  to  serve 
a  warrant  of  arrest  or  any  other  papers  in  a  criminal  case,  he  shall  be 
allowed  all  necessary  expenses  actually  incurred  in  arresting  and  con- 
veying prisoners  to  court  or  to  prison,  which  expenses  shall  be  audited 
by  the  board  of  supervisors.  These  salaries  shall  also  apply  to  in- 
cumbents. 

15.  Supervisors.  Supervisors  shall  receive  the  sum  of  seven  hundred 
twenty  dollars  per  annum,  each,  and  mileage  at  the  rate  of  ten  cents 
per  mile  for  each  mile  traveled  in  coming  to  and  from  the  meetings 
of  the  board;  provided,  that  only  one  mileage  at  any  one  session  of  the 


§  4255  POLITICAL   CODE.  452 

board  shall  be  allowed.  They  shall  act  as  road  commissioners  in  their 
respective  districts,  and  shall  therefor  receive  for  their  services  as  such 
road  commissioners  the  sum  of  three  hundred  dollars  per  annum,  and 
mileage  at  the  rate  of  fifteen  cents  per  mile  each,  one  way,  for  all  dis- 
tances actually  traveled  by  them  in  the  discharging  of  their  duties  as 
such  road  commissioners;  provided,  that  said  expense  as  road  commis- 
sioners shall  not  exceed  the  sum  of  seven  hundred  eighty  dollars  per 
annum  for  any  of  the  commissioners.  The  change  in  compeijsation 
hereby  made  is  not  an  increase  in  compensation  of  a  county  ofifieer  and 
shall  become  operative  as  soon  as  this  act  takes  effect. 

15a.  County  librarian.  There  is  created  for  counties  of  the  twenty- 
fifth  class  a  county  librarian,  who  shall  be  appointed  by  the  board  of 
supervisors  for  a  term  of  four  years  and  shall  receive  a  salary  of  one 
thousand  eight  hundred  dollars  per  annum,  to  be  paid  at  the  time  and 
in  the   manner   as   other   county   officers. 

16.  Witnesses.  Witnesses  in  criminal  cases  and  in  eases  of  depend- 
ent and  delinquent  persons  shall  receive  two  dollars  per  day,  and  ten 
cents  per  mile  for  each  mile  actually  traveled,  one  way  only.  The  court 
shall  make  an  order  directing  the  auditor  to  draw  his  warrant  on  the 
county  treasury  for  the  amount  due,  and  the  treasurer  shall  pay  the 
same.  The  court  may  disallow  any  fee  to  a  witness  unnecessarily 
subpoenaed. 

17.  Jurors.  Jurors  in  a  county  of  this  class,  both  grand  and  petty 
jurors  in  the  superior  court,  shall  each  receive  for  each  day's  attend- 
ance, per  day,  the  sum  of  three  dollars,  and  for  each  mile  actually 
and  necessarily  traveled  from  their  residence  to  the  county  seat  in 
going  only,  the  sum  of  twenty  cents  per  mile,  such  mileage  to  be  al- 
lowed but  once  during  each  session  such  jurors  are  required  to  attend. 
The  court  shall  make  an  order  directing  the  auditor  to  draw  his  war- 
rant on  the  county  treasury  for  the  amount  due,  and  the  treasurer  shall 
pay  the  same. 

This  act  to  go  into  effect  immediately,  and  apply  to  all  present  in- 
cumbents, except  as  hereinbefore  provided  and  excepted.  [Amend- 
ment approved  June  1,  1917;  Stats.  1917,  p.  1574.  In  effect,  see  §§1,  3, 
4,  17.] 

§  4255,  Counties  of  twenty-sixth  class,  salaries  of  officers.  In  coun- 
ties of  the  twenty-sixtli  class,  the  county  and  township  officers  shall 
receive  as  compensation  for  the  services  required  of  them  by  law,  or 
by  virtue  of  tlieir  offices,  the   following  salaries,  to  wit: 

1.  County  clerk.  The  county  clerk,  three  thousand  dollars  per  an- 
num, iiDil  five  liinidred  dollars  additional  per  annum  for  compiling  the 
great  register  of  the  county.  In  counties  of  this  class  the  county  clerk 
may  appoint  a  deputy  county  clerk,  which  office  of  deputy  county  clerk 
is  hereby  created,  and  said  deputy  county  clerk  shall  receive  as  com- 
j)ensation  for  all  services  performed  as  such,  the  sum  of  nine  hundred 
dollars  per  annum,  to  be  paid  out  of  the  county  treasury  in  equal 
monthly  installments,  at  tlic  time,  in  the  same  manner  and  out  of  the 
same    fund    as    salaries    of   county    officers    are   paid.     The    county   clerk 


453  POLITICAL   CODE.  §  4255 

may  appoint  such  number  of  deputies  as  may  be  necessary  for  the  con- 
venient registration  of  electors  in  their  respective  precincts  or  town- 
ships, and  eacli  such  registration  deputy  shall  receive  as  compensation 
for  all  services  performed  as  such  the  sum  of  ten  cents  per  name  for 
each  elector  registered  by  him,  to  be  paid  monthly,  at  the  same  time, 
in  the  same  manner  and  out  of  the  same  fund  as  salaries  of  county 
officers  are  paid;  provided,  that  each  such  registration  deputy,  when 
so  appointed,  shall,  prior  to  the  drawing  of  any  warrant  for  such  com- 
pensation, first  file  with  the  auditor  a  statement,  verified  by  the  oath 
of  such  registration  deputy,  and  approved  in  writing  by  the  county 
clerk,  showing  the  number  of  electors  so  registered  by  him  during  the 
period  covered  by  such  statement.  The  county  clerk  shall  also  re- 
ceive and  retain  for  his  own  use  such  fees  as  are  now  or  may  hereafter 
be  allowed  by  law  for  issuing  hunting  and  fishing  licenses,  for  the 
naturalization  of  persons  desiring  to  become  citizens  and  such  other 
fees  of  similar  character  as  are  now  or  may  hereafter  be  allowed  by 
law  for  the  performance  of  any  service  rendered  by  the  county  clerk 
other  than  in  his  official  character  as  county  clerk.  All  other  fees  or 
commissions  shall  be  collected  by  the  county  clerk  and  shall  be  paid 
by  him  into  the  county  treasury  and  no  part  thereof  shall  be  retained 
by   him  as  a  part  of  his  compensation. 

2.  Sheriff.  The  sheriff,  four  thousand  five  hundred  dollars  per  an- 
num. In  counties  of  this  class  the  sheriff  may  appoint  an  undersheriff, 
which  of3tice  of  undersheriff  is  hereby  created,  and  said  undersheriff 
shall  receive  as  compensation  for  all  services  performed  as  such  the 
sum  of  one  thousand  five  hundred  dollars  per  annum,  to  be  paid  out 
of  the  county  treasury,  in  equal  monthly  installments,  at  the  same  time, 
in  the  same  manner  and  out  of  the  same  fund  as  salaries  of  county 
ofl&cers  are  paid.  In  counties  of  this  class  the  sheriff  shall  be  allowed 
such  sum  as  the  board  of  supervisors  shall  fix  for  fhe  board  of  pris- 
oners confined  in  the  county  jail,  and  his  actual  necessary  expenses  for 
pursuing,  searching  for  and  arresting  criminals  and  persons  charged 
with  being  insane,  and  for  conveying  prisoners  and  persons  charged  with 
being  insane  to  court  and  to  prison  or  other  place  of  confinement  or 
detention  and  to  and  from  state  prisons,  state  hospitals  and  other  in- 
stitutions, and  his  actual  necessary  expenses  for  keeping,  preserving 
and  selling  property  seized,  held  or  sold  on  attachment,  execution  or 
other  process,  and  for  the  service  and  posting  of  all  process  papers  and 
notices  recpiired  by  law  to  be  served  or  posted  by  the  sheriff.  All  such 
actual  necessary  expenses  and  said  sum  for  the  board  of  prisoners  shall 
be  a  proper  legal  charge  against  the  county  and  shall  be  allowed, 
audited  and  paid  out  of  the  county  treasury  in  the  same  manner  as 
other  county  charges  are  allowed,  audited  and  paid.  The  sheriff  shall 
collect  from  the  state  all  per  diem  and  expenses  incurred  in  conveying 
prisoners  and  persons  adjudged  insane,  to  and  from  state  prisons,  state 
hospitals  and  other  institutions  and  pay  the  same,  when  so  collected, 
into  the  county  treasury,  and  the  same  and  all  other  fees,  commissions 
and  compensations  other  than  as  hereinabove  provided,  which,  in  other 
counties  of  other  classes,  are  allowed  by  law  to  the  sheriff,  as  a  part 
of  his  compensation  shall  be  paid  into  the  county  treasury,  and  no  part 
thereof  shall  be  retained  by  him  as  a  part  of  his  compensation. 


§  4255  POLITICAL,   CODE.  454 

3.  Recorder.  The  recorder,  two  thousand  dollars  per  annum;  pro- 
vided, that  in  counties  of  this  class  the  recorder  may  appoint  a  deputy, 
which  office  is  hereby  created,  and  said  deputy  county  recorder  shall 
receive  as  compensation  for  all  services  performed  as  such  the  sum  of 
seven  hundred  twenty  dollars  per  annum,  payable  out  of  the  county 
treasury  in  equal  monthly  installments,  in  the  same  manner,  at  the  same 
time  and  out  of  the  same  fund  as  salaries  of  county  officers  are  paid. 
The  recorder  may  employ  as  many  copyists  as  may  be  required,  who 
shall  receive  as  compensation,  the  sum  of  five  cents  per  folio  for  record- 
ing any  instrument  or  notice,  except  maps  or  plats,  and  for  making 
copies  of  any  records  or  papers,  five  cents  per  folio.  The  salaries  of 
such  copyists  shall  be  paid  out  of  the  county  treasury,  in  the  same 
manner,  at  the  same  time  and  out  of  the  same  fund  as  salaries  of  county 
officers  are  paid;  provided,  that  the  recorder  shall  file  monthly  with 
the  auditor  a  verified  statement  showing  in  detail  the  persons  employed 
as  copyists  and  the  amount  due  to  each  for  such  copying.  All  fees, 
commissions  or  other  compensation  allowed  by  law  to  the  recorder  in 
other  counties  of  other  classes,  as  a  part  of  his  compensation,  shall 
be  paid  into  the  county  treasury  and  no  part  thereof  shall  be  retained 
by  him  as  a  part  of  his   compensation. 

4.  Auditor.  The  auditor,  one  thousand  five  hundred  dollars  per  an- 
num; provided,  that  in  counties  of  this  class  the  auditor  may  appoint 
a  deputy,  which  office  of  deputy  auditor  is  hereby  created;  said  deputy 
auditor  shall  receive  as  compensation  for  all  services  performed  as 
such,  the  sum  of  six  hundred  dollars  per  annum,  to  be  paid  out  of  the 
county  treasury,  in  the  same  manner,  at  the  same  time  and  out  of  the 
same  fund  as  salaries  of  county  officers  are  paid.  This  subdivision  of 
this  section  shall  not  go  into  effect  or  be  in  force  until  the  expiration 
of  the  term  of  office  of  the  present  incumbent. 

5.  Treasurer.  The  county  treasurer,  two  thousand  dollars  per  annum; 
provided,  that  in  counties  of  this  class  the  treasurer  may  appoint  a 
deputy,  which  office  of  deputy  treasurer  is  hereby  created,  and  the  said 
deputy  treasurer  shall  receive  as  compensation  for  all  services  per- 
formed as  such  tlie  sum  of  six  hundred  dollars  per  annum,  to  be  paid  out 
of  the  county  treasury,  in  equal  monthly  installments,  in  the  same  man- 
ner, at  the  same  time  and  out  of  the  same  fund  as  salaries  of  county 
officers  are  paid.  All  fees,  commissions  or  other  compensation  allowed 
by  law  to  the  treasurer  in  other  counties  of  other  classes  shall  be  col- 
lected by  the  treasurer  and  be  by  him  paid  into  the  county  treasury 
and  no  part  thereof  shall  be  retained  by  him  as  a  part  of  his  com- 
pensation. 

G.  Tax  collector.  The  tax  collector,  two  thousand  dollars  per  annum; 
provided,  that  in  counties  of  this  class  the  tax  collector  may  appoint  a 
deputy  tax  collector,  which  office  of  deputy  tax  collector  is  hereby 
created,  and  said  deputy  tax  collector  shall  receive  as  compensation 
for  all  services  performed  as  such,  the  sum  of  seven  hundred  fifty  dol- 
lars i)er  annum,  to  be  paid  out  of  the  county  treasury,  in  equal  monthly 
installments,  in  tlie  same  manner,  at  the  same  time  and  out  of  the  same 
fund   us  salaries   of   county   officers  are   paid.     In   counties  of  this  class 


455  POLITICAL   CODE.  §  4255 

the'  tax  collector  may  appoint  a  cashier,  which  office  of  cashier  to  the 
tax  collector  is  hereby  created,  and  said  cashier  shall  receive  as  com- 
pensation for  all  services  performed  as  such  the  sum  of  four  dollars 
per  day  for  each  day  actually  employed  as  such,  to  be  paid  out  of 
the  county  treasury,  in  the  same  manner,  at  the  same  time  and  out  of 
the  same  fund  as  salaries  of  county  officers  are  paid;  provided,  that 
such  cashier  shall  be  paid  for  not  to  exceed  one  hundred  days  in  any 
one  calendar  year.  All  fees,  commissions  or  compensation  allowed  by 
law  to  the  tax  collector  in  other  counties  of  other  classes  shall  be 
collected  by  the  tax  collector  and  be  by  him  paid  into  the  county 
treasury,  and  no  part  thereof  shall  be  retained  by  him  as  a  part  of  his 
compensation. 

7.  Assessor.  The  assessor,  three  thousand  six  hundred  dollars  per 
annum;  provided,  in  counties  of  this  class  the  assessor  may  appoint 
a  chief  deputy  assessor,  which  office  of  chief  deputy  assessor  is  hereby 
created,  and  said  chief  deputy  assessor  shall  receive  as  compensation 
for  all  services  performed  as  such  the  sum  of  one  thousand  two  hun- 
dred dollars  per  annum,  to  be  paid  out  of  the  county  treasury,  in  equal 
monthly  installments,  at  the  same  time,  in  the  same  manner,  and  out 
of  the  same  fund  as  salaries  of  county  officers  are  paid.  The  assessor 
may  also  appoint  six  field  deputies,  which  offices  of  field  deputies  are 
hereby  created,  to  serve  for  not  exceeding  ninety  days  in  any  one  year, 
and  said  field  deputy  assessors  shall  each  receive  as  compensation  for 
all  services  performed  as  such  the  sum  of  four  dollars  per  day  for  each 
day  actually  and  necessarily  employed  as  such,  to  be  paid  out  of  the 
county  treasury,  in  the  same  manner,  at  the  same  time  and  out  of  the 
same  fund  as  salaries  of  county  officers  (are  paid;  providing,  that  each 
field  deputy,  when  so  employed,  shall  file  with  the  auditor  a  statement 
verified  by  the  oath  of  such  field  deputy  and  approved  by  the  assessor, 
showing  the  number  of  days  actually  and  necessarily  employed  in  the 
performance  of  the  duties  of  such  employment  during  the  period  cov- 
ered by  said  statement  before  any  warrant  for  the  payment  of  such 
compensation  shall  be  drawn  by  the  auditor.  All  commissions,  fees  or 
compensation  for  the  collection  of  taxes  on  personal  property,  for  the 
collection  of  poll  taxes  and  road  poll  taxes,  and  for  services  in  making 
out  the  roll  of  persons  subject  to  military  duty,  and  all  other  fees  or 
commissions  shall  be  collected  by  the  assessor  and  by  him  paid  into 
the  county  treasury  and  no  part  thereof  shall  be  retained  by  him  as  a 
part   of  his  compensation. 

8.  District  attorney.  The  district  attorney,  two  thousand  five  hun- 
dred dollars  per  annum.  In  counties  of  this  class  the  district  attorney 
may  appoint  a  deputy  attorney,  which  office  of  deputy  district  attorney 
is  hereby  created,  and  said  deputy  district  attorney  shall  receive  as 
compensation  for  all  services  performed  as  such  the  sum  of  one  thou- 
sand five  hundred  dollars  per  annum,  to  be  paid  out  of  the  county 
treasury,  in  equal  monthly  installments,  at  the  same  time,  in  the  same 
manner  and  out  of  the  same  fund  that  salaries  of  county  officers  are 
paid.  The  district  attorney  may  also  appoint  a  stenographer  for  service 
in  his  office,  which  office  of  stenographer  to  the  district  attorney  is 
hereby  created,  and  said  stenographer  shall  receive  as  compensation  for 


§  4255  POLITICAL   CODE.  45G 

all  services  performed  as  such  the  sum  of  six  hundred  dollars  per  an- 
uum,  to  be  paid  out  of  the  county  treasury,  in  equal  monthly  install- 
ments, at  the  same  time,  in  the  same  manner  and  out  of  the  same  fund 
that  salaries  of  county  oflfieers  are  paid. 

9.  Coroner.  The  coroner,  nine  hundred  dollars  per  annum.  In  coun- 
ties of  this  class  the  coroner  shall  be  allowed  his  actual  traveling  ex- 
penses in  the  performance  of  his  oflfieial  duties  in  the  county  when 
called  away  from  the  county  seat,  which  are  hereby  declared  to  be  a 
proper  legal  charge  against  the  county,  and  shall  be  allowed,  audited 
and  paid  out  of  the  county  treasury  in  the  same  manner  as  other  county 
charges  are  allowed,  audited  and  paid.  All  fees,  commissions  or  other 
compensations  allowed  by  law  to  the  coroner  in  other  counties  of  other 
classes  as  a  part  of  his  compensation  shall  be  paid  into  the  county 
treasury  and  no  part  thereof  shall  be  retained  by  him  as  a  part  of 
his  compensation;  provided,  that  this  subdivision  of  this  section  shall 
not  go  into  effect  or  be  in  force  until  the  expiration  of  the  term  of 
office   of  the  present   encumbent. 

10.  Public  adjtninistrator.  The  public  administrator,  such  fees  as  are 
now  or  may  hereafter  be  allowed  by  law. 

11.  Superintendent  of  schools.  The  superintendent  of  schools,  one 
thousand  six  hundred  dollars  per  annum  and  actual  necessary  traveling 
expenses  when  visiting  schools  of  the  county.  The  superintendent  of 
schools  may  appoint  a  deputy  superintendent  of  schools,  which  office  of 
deputy  superintendent  of  schools  is  hereby  created,  and  said  deputy 
superintendent  of  schools  shall  receive  as  compensation  for  all  services 
performed  as  such  the  sum  of  nine  hundred  dollars  per  annum,  to  be 
paid  out  of  the  county  treasur}^,  in  the  same  manner,  at  the  same  time 
and  out  of  the  same  fund  as  salaries  of  county  officers  are  paid. 

12.  Surveyor.  The  surveyor,  one  thousand  dollars  per  annum,  for  all 
work  performed  for  the  county  and  in  addition  thereto  his  actual 
necessary  travefing  expenses  incurred  in  connection  with  field  work,  and 
also  actual  necessary  expenses  incurred  in  such  field  work  and  actual 
expenses  and  costs  of  supplies  in  preparing  maps,  tracings,  plats  and 
diagrams  for  the  county  assessor  or  other  county  officers,  when  directed 
by  him  or  them  to  prepare  the  same.  All  of  such  expenses  and  costs 
shall  be  proper  legal  charges  against  the  county  and  shall  be  allowed, 
audited  and  paid  out  of  the  county  treasury,  in  the  same  manner  that 
otlier  county  charges  are  allowed,  audited  and  paid.  All  fees,  com- 
missions, or  other  compensation  allowed  to  the  surveyor  in  other  coun- 
ties of  other  classes,  except  fees  or  charges  for  surveys  made  for  private 
persons  and  not  directed  by  the  board  of  supervisors  or  county  officers 
for  county  uses  or  purposes,  shall  be  collected  by  the  survej^or  and  by 
Dim  paid  into  the  county  treasuiy  and  no  part  thereof,  except  such 
fess  or  cliarges  for  such  private  siirv(>ys,  shall  bo  r(>tained  by  him  us 
a  part  of  his  compensation. 

i:;.  Classification  of  townships.  \'\<v  the  imriuisc  (if  regulating  the 
co)n|)ciisatioii  of  just  ices  of  tlic  jicace  and  constables,  townships  in  coun- 
ties of  this  class  arc;  herel)y  classified  according  to  their  population,  as 
fhowii    iiy   the   federal   census  of  one   thousand   nine  hundred  ten  as  fol- 


^57  POLITICAL   CODE.  ^  4255 

lows:  Townships  having  a  population  of  five  thousand,  or  more,  shall 
belong  to  and  be  known  as  townships  of  the  first  class;  townships  having 
a  population  of  three  thousand,  and  less  than  five  thousand,  shall  belong 
to  and  be  known  as  townships  of  the  second  class;  townships  having  a 
population  of  one  thousand,  and  less  than  three  thousand,  shall  belong  to 
and  be  known  as  townships  of  the  third  class;  and  townships  having  a 
population  of  less  than  one  thousand  shall  belong  to  and  be  known  as 
townships  of  the  fourth  class. 

14.  Justices  of  the  peace.  Justices  of  the  peace  shall  receive  the  fol- 
lowing salaries,  which  shall  be  paid  monthly,  out  of  the  county  treasury, 
in  the  same  manner,  at  the  same  time  and  out  of  the  same  fund  as  sal- 
aries of  county  officers  are  paid,  to  wit: 

1.  In  townships  of  the  first  class,  one  hundred  dollars  per  month. 

2.  In  townships  of  the  second  class,  seventy  dollars  per  month. 

3.  In  townships  of  the  third  class,  forty  dollars  per  month. 

4.  In  townships  of  the  fourth  class,  twenty -five  dollars  per  month. 

In  addition  to  the  said  monthly  salaries  herein  provided  for,  each  jus- 
tice of  the  peace  may  receive  and  retain  for  his  own  use  such  fees  as 
are  now  or  may  hereafter  be  allowed  by  law  for  all  services  rendered  by 
him  in  civil  actions  or  proceedings. 

Justices  of  the  peace,  in  townships  of  the  first  class,  shall  be  allowed 
their  actual  office  rent  and  necessary  incidental  expenses,  not  to  exceed 
the  sum  of  twenty-five  dollars  for  any  one  month. 

15.  Constables.  Fees.  Constables  shall  receive  the  following  salaries, 
which  shall  be  paid  monthly,  out  of  the  county  treasury,  at  the  same 
time,  in  the  same  manner  and  out  of  the  same  fund  that  salaries  of 
county  officers  are  paid,  and  which  shall  be  in  full  of  all  services  ren- 
dered by  them  in  criminal  cases,  to  wit: 

1.  In  townships  of  the  first  class,  seventy-five  dollars  per  month. 

2.  In  townships  of  the  second  class,  fifty-five  dollars  per  month. 

3.  In  townships  of  the  third  class,  thirty  dollars  jjer  mouth. 

4.  In  townships  of  the  fourth  class,  twenty  dollars  per  month. 

Fees.  In  addition  to  said  monthly  salaries  each  constable  may  receive 
and  retain  for  his  own  use  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law  for  all  services  rendered  by  him  in  civil  actions  or  pro- 
ceedings, and  shall  also  be  allowed  all  necessary  expenses  actually  in- 
curred in  arresting  and  pursuing  criminals  and  in  conveying  prisoners  to 
court  or  to  prison,  which  said  actual  necessary  expenses  shall  be  allowed, 
audited  and  paid  out  of  the  county  treasury,  in  the  same  manner  other 
county  charges  are  allowed,  audited  and  paid. 

16.  Supervisors.  Each  member  of  the  board  of  supervisors  shall  re- 
ceive one  thousand  two  hundred  dollars  per  annum,  payable  in  equal 
monthly  installments  and  which  shall  be  in  full  for  all  services  rendered 
as  supervisors. 

17.  Jurors.  In  counties  of  this  class  the  fees  of  grand  jurors  and 
trial  jurors,  in  the  superior  court,  in  civil  and  criminal  actions  and 
in  all  special  proceedings,  shall  be  three  dollars  a  day  for  each  day's 
attendance,  and  mileage,  to  be  computed  at  the  rate  of  fifteen  cents  per 
mile  for  each  mile  necessarily  traveled  in  attending  court,  or  in  attend- 
ing sessions  of  the  grand  jury,  in  going  only. 


§  4256  POLITICAL   CODE.  458 

In  criminal  actions  such  fees  and  mileage  of  such  trial  jurors  shall  be 
paid  by  the  treasurer,  out  of  the  general  funds  of  the  county,  upon 
warrants  drawn  by  the  auditor,  who  shall  draw  such  warrants  upon  the 
written  order  of  the  judge  of  the  superior  court  in  which  said  juror  was 
in  attendance,  and  the  treasurer  shall  pay  all  such  warrants.  [Amend- 
ment approved  May  2S,  1917;  Stats.  1917/p.  1119.] 

§  4256.  Counties  of  twenty-seventh  class,  salaries  of  officers.  In  coun- 
ties of  the  twenty-seventh  class,  the  otiicers,  their  clerks,  deputies, 
stenographers  and  assistants,  shall  receive,  as  compensation  for  the  ser- 
vices required  of  them  by  law  or  by  virtue  of  their  offices  or  appoint- 
ments the  following  salaries,  to  wit: 

1.  County  clerk.  The  county  clerk,  three  thousand  six  hundred  dollars 
per  annum  and  such  fees  as  are  now  or  may  hereafter  be  allowed  by  law; 
and  provided,  that  in  counties  of  this  class,  there  shall  be,  and  is  hereby 
allowed  to  the  county  clerk  one  deputy  who  shall  be  appointed  by  said 
county  clerk,  who  shall  be  paid  a  salary  of  one  thousand  five  hundred 
dollars  per  annum,  and  one  deputy,  who  shall  be  appointed  by  said 
county  clerk,  and  who  shall  be  paid  a  salary  of  one  thousand  two  hun- 
dred dollars  per  annum,  which  salary  of  said  deputies  herein  provided 
for  shall  be  paid  out  of  the  same  fund,  at  the  same  time,  and  in  the  same 
manner  as  the  salaries  of  other  county  officers  are  paid;  provided,  fur- 
ther, that  in  any  year  when  a  registration  of  voters  is  required  by  law, 
the  county  clerk  may  appoint  such  number  of  deputies  as  may  be  neces- 
sary for  the  convenient  registration  of  voters  in  their  respective  pre- 
cincts, and  that  each  of  said  deputies  so  appointed  for  such  purpose  shall 
receive  as  compensation  therefor  the  sum  of  ten  cents  for  each  elector 
registered  by  each  of  said  deputies,  said  compensation  to  be  paid  out  of 
the  general  fund  of  the  county  on  presentation  and  filing  with  the  board 
of  supervisors  of  said  county  a  duly  verified  claim  therefor  approved  by 
said  county  clerk. 

2.  Sheriff.     The  sheriff,  five   thousnnd   five   hundred  dollars  per  annum. 

;■).  Recorder.  The  recorder,  two  tliousaml  dollars  per  annum  and  six 
i-ciifs  for  each  folio  recorded. 

\.  Auditor.  'I'he  audilor,  two  thousand  foui'  iiundri^d  dollars  per  an- 
num, and  he  may  also  appoint  a  deputy,  which  office  of  deputy  auditor  is 
iiereby  created,  whose  salary  shall  be  one  thor.sand  five  hundred  dollars 
per  annum,  payable  at  tlie  same  time,  out  of  the  same  fund  and  in  the 
same  manner  as  the  salaries  of  other  county  officers  are  paid. 

").  Treasurer.  'I'hc  trcasuicr,  two  Ihonsiiinl  seven  liundrcd  dollars  ]ier 
annnm. 

I'l.  Tax  collector.  Tlie  tax  (•iijjector,  two  thoiisMiid  dollars  per  annum; 
ami  proxidcd,  that  in  counties  of  tliis  class,  there  shall  he,  and  is  hereby 
allowed  to  the  lax  collector,  a  (lc|iuty,  who  shall  be  appointed  by  said  tax 
(■(/llci'tor,  who  shall  he  |>aiil  ;i  siilnry  of  one  thousand  two  hundred  dollars 

|,,.|-  anni which  saiil  salary  sli;ill  he  jiaid  at  the  same  time,  in  the  same 

Mianner.  and  out  of  tlir  same  tnnd  as  the  salaries  of  other  county  officers 
are  paid;  pro\iilc.|.  further,  that  in  rouiities  of  this  class  there  shall  be 
anil    is   hcrehy   mIIo\\c(1    to   the   tax   collector  one   depiity   for  the   period  of 


459  POLITICAL   CODE.  §  4256 

time  embraced  between  the  firnt  day  of  October  and  the  thirty-first  day 
of  December  in  each  fiscal  year,  which  said  deputy  shall  be  appointed 
by  said  tax  collector,  and  shall  be  paid  a  salary  of  seventy-five  dollars 
per  month  during  the  period  of  time  said  deputy  shall  be  employed  and 
which  salary  shall  be  paid  at  the  same  time,  in  the  same  manner  and  out 
of  the  same  fund  as  the  salaries  of  other  county  officers  are  paid. 

7.  Assessor.  The  assessor,  four  thousand  dollars  per  annum,  and  such 
fees  and  commissions  as  are  now  or  may  hereafter  be  allowed  by  law; 
and  provided,  that  in  counties  of  this  class  there  shall  be  and  there  is 
hereby  allowed  the  assessor,  a  deputy,  who  shall  be  appointed  by  said 
assessor  and  who  shall  receive  a  salary  of  one  thousand  five  hundred 
dollars  per  annum,  payable  out  of  the  same  fund  and  in  the  same  manner 
as  the  salaries  of  county  officers  are  paid;  provided,  further,  that  in 
counties  of  this  class  there  shall  be  and  there  is  hereby  allowed  the  as- 
sessor, two  copyists  for  a  period  not  exceeding  four  mouths  in  any  one 
3'ear,  at  a  salary  of  fifty  dollars  each  per  month. 

8.  District  attorney.  The  district  attorney,  two  thousand  five  hun- 
dred dollars  per  annum;  he  may  also  appoint  an  assistant  district  attor- 
ney, which  office  is  hereby  created,  whose  salary  shall  be  nine  hundred 
dollars  per  annum;  and  in  counties  of  this  class  he  may  also  appoint  a 
clerk,  who  shall  be  a  stenographer,  which  office  of  clerk  to  the  district 
attorney  is  hereby  created,  whose  salary  shall  be  six  hundred  dollars 
l)er  annum;  the  salaries  of  said  assistant  district  attorney  and  clerk  shall 
be  payable  as  the  salaries  of  other  county  officers. 

9.  Coroner.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

10.  Public  administrator.  The  public  administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law. 

11.  Superintendent  of  schools.  The  superintendent  of  schools,  two 
thousand  dollars  per  annum;  and  actual  traveling  expenses  when  visiting 
the  schools  of  his  county,  and  one  deputy,  at  a  salary  of  one  thousand 
two  hundred  dollars  per  annum. 

12.  Surveyor.  The  surveyor,  one  thousand  five  hundred  dollars  per 
annum,  for  all  work  performed  for  the  county;  provided,  that  in  counties 
ot  this  class  there  shall  be  and  hereby  is  allowed  to  the  surveyor  one 
assistant  to  be  appointed  by  the  surveyor,  whose  salary  shall  be  nine 
hundred  dollars  per  annum,  payable  at  the  same  time,  out  of  the  same 
fund  and  in  the  same  manner  as  the  salary  of  the  surveyor  is  paid;  and  in 
addition  thereto  the  surveyor  shall  be  allowed  actual  traveling  and  other 
necessary  expenses,  incurred  in  connection  with  field  work;  provided, 
that  whenever  the  surveyor  is  directed  by  the  assessor  to  plat,  trace  or 
otherwise  prepare  maps,  plats,  or  block-book  for  the  use  of  the  county 
assessor  he  shall  be  allowed  only  the  actual  cost  of  preparing  the  same. 

13.  Justices  of  the  peace.  .Tustices  of  the  peace  in  counties  of  this 
class  shall  receive  the  following  monthly  salaries  to  be  paid  each  month 
in  the  same  manner,  at  the  same  time  and  out  of  the  same  funds  as  the 
county  officers  are  paid,  which  shall  be  in  full  for  all  services  rendered 
by  them:   In  townships  having  a  population  of  more  than  five  thousand, 


§  4256  POLITICAL   CODE.  460 

one  liuudred  fifty  dollars  per  month;  in  townships  having  a  population 
of  more  than  two  thousand  five  hnudred  and  less  than  five  thousand, 
seventy-five  dollars  per  month;  in  townships  having  a  population  of  more 
than  one  thousand  and  less  than  two  thousand  five  hundred,  thirty-five 
dollars  per  month;  in  townships  having  a  population  of  more  than  five 
hundred  and  less  than  one  thousand,  twenty-five  dollars  per  month;  in 
townships  having  a  population  of  less  than  five  hnudred,  ten  dollars  per 
month.  The  board  of  supervisors  of  such  counties  shall  furnish  and 
maintain  for  the  use  of  justices  of  the  peace  in  townships  having  a  popu- 
lation of  two  thousand  five  hundred  or  more,  an  office  suitable  for  use  as 
a  courtroom,  equipped  with  the  necessary  furniture  for  the  proper  and 
convenient  conduct  of  business  therein.  The  board  of  supervisors  of 
such  counties  shall  furnish  and  supply  to  the  justices  of  the  peace  of  the 
various  townships  in  such  counties  the  codes  of  this  state  and  amend- 
ment thereto,  and  all  necessary  stationery,  legal  blanks  and  forms  for 
the  proper  and  convenient  conduct  of  business. 

li.  Constables.  The  constables  shall  receive  the  following  salaries  to 
be  paid  each  month  as  salaries  of  the  county  officers  are  paid,  which  shall 
be  in  full  for  all  services  rendered  by  them  in  criminal  cases,  and  in 
all  other  criminal  matters:  In  townships  having  a  population  of  more 
than  five  thousand,  one  huiidred  dollars  per  month;  in  townships  having 
a  population  of  more  than  two  thousand  five  hundred  and  less  than  five 
thousand,  seventy-five  dollars  per  month;  in  townships  having  a  popula- 
tion of  more  than  one  thousand  and  less  than  two  thousand  five  hundred, 
thirty-five  dollars  per  month;  in  townships  having  a  population  of  more 
than  five  hundred  and  less  than  one  thousand  twenty-five  dollars  per 
month;  in  townships  having  a  population  of  less  than  five  hundred,  ten 
dollars  per  month;  provided,  that  in  addition  to  the  salary  herein  al- 
lowed, each  constable  shall  be  paid  out  of  the  treasury  of  the  county  for 
traveling  expenses  in  his  own  district,  for  the  service  of  a  warrant  of 
arrest  or  any  other  process  in  a  criminal  case,  or  other  criminal  matters 
(when  such  service  is  in  fact  made)  both  going  and  returning,  ten  cents 
per  mile;  for  each  mile  traveled  out  of  his  county,  both  going  to  and 
returning  from  the  place  of  arrest  in  the  service  of  process  five  cents 
per  mile,  and  for  transporting  persons  to  the  county  jail  ten  cents  p«r 
mile  each  way.  Tn  addition  to  the  monthly  salary  allowed  him  herein 
each  constable  shall  receive  for  his  own  use,  the  fees  in  civil  eases,  which 
are  now  or  may  hereafter  be  allowed  by  law. 

15.  Supervisors.  Each  member  of  the  board  of  supervisors,  eight  hun- 
dred dollars  per  annum,  and  his  necessary  expenses  when  attending  to 
the  business  of  the  county,  and  ten  cents  per  mile  in  going  from  his  resi- 
dence to  the  county  seat  in  attending  upon  all  meetings  of  the  board  of 
supervisors.  For  serving  as  road  commissioner  tvvo  hundred  dollars  per 
annum.  Each  supervisor  shall  be  allowed  not  to  exceed  thirty  dollars 
per  month  as  traveling  expenses  while  supervising  tlie  roads  of  his  dis- 
trict. 

l(j.  Reporter.  In  countit's  of  tliis  class  the  oflicinl  ])]ionographic  re- 
porter of  tlie  superior  court  shall  receive  as  compensation  for  his  services 
the  foes  and  comiiensation  now  or  licreafter  provided  by  law,  and  in 
addition   Ihrrcfo  shall   receive   five   dnll;irs   per   day   wlicu    not  actually   en- 


4G1  POLITICAL  CODE.        §§  4256a,  4257 

gaged  in  reporting  in  said  court,  but  when  in  attendance  on  said  court  in 
compliance  with  and  as  provided  by  section  two  hundred  seventy-one  of 
tlie  Code  of  Civil  Procedure,  the  said  per  diem  of  five  dollars  to  be  paid 
in  the  same  manner  as  provided  in  criminal  cases.  [Amendment  ap- 
proved May  28,  1917;  Stats.  1917,  p.  1038.] 

§  4256a.  Fees  of  jurors,  counties  of  twenty-seventh  class.  In  counties 
of  the  twenty-seventh  class  the  fees  and  mileage  of  jurors  shall  be  as 
follows:  Grand  jurors  and  trial  jurors  whenever  summoned  to  attend 
before  the  superior  court  shall  be  paid  three  dollars  per  day  for  each 
day's  attendance,  and  mileage,  to  be  computed  at  the  rate  of  fifteen  cents 
per  mile  for  each  mile  necessarily  traveled  in  attending  said  court  or  in 
attending  sessions  of  the  grand  jury,  in  going  only.  The  court  shall 
make  an  order  directing  the  auditor  to  draw  his  warrant  on  the  county 
treasurer  for  the  amount  due,  and  the  treasurer  shall  pay  the  same; 
provided,  however,  that  such  jurors  as  shall  be  sworn  to  try  issues  in  civil 
cases  or  special  proceedings  of  a  civil  nature  shall  be  paid  as  the  court 
shall  order  except  where  otherwise  provided  by  law.  [New  section 
adtled  May  28,  1917;   Stats.  1917,  p.   1042.] 

§  4257.  Counties  of  twenty-eighth  class,  salaries  of  officers.  In  coun- 
ties of  the  twenty-eighth  class  the  county  and  township  officers  shall  re- 
ceive as  compensation  for  the  services  required  of  them  by  law  or  by 
virtue  of  their  offices  the  following  salaries,  to  wit: 

1.  County  clerk.  The  county  clerk,  three  thousand  dollars  per  annum, 
and  when  a  new  great  register  of  voters  is  required  by  law  to  be  made, 
he  shall  receive  three  hundred  dollars  additional,  which  shall  be  in  full 
for  all  services  required  in  registering  voters  and  making  the  great 
register;  provided,  that  in  counties  of  this  class  there  shall  be  and  is 
hereby  allowed  to  the  county  clerk,  a  deputy  who  shall  be  appointed  by 
said  county  clerk,  who  shall  be  paid  a  salary  of  one  thousand  two  hun- 
dred dollars  per  annum,  said  salary  to  be  paid  in  monthly  installments 
at  the  same  time,  in  the  same  manner,  and  out  of  the  same  fund  as  the 
county  clerk  is  paid,  said  deputj'  to  be  in  lieu  of  the  deputy  now  allowed 
to  the  county  clerk  under  subdivision  nineteen  of  section  four  thousand 
two  hundred  fifty-seven,  of  the  Political  Code  of  the  state  of  California; 
provided,  further,  that  it  is  expressly  provided  that  in  counties  of  this 
class  where  the  number  of  judges  of  the  superior  court  shall  have  been 
increased  since  the  first  day  of  January,  eighteen  hundred  ninety-seven, 
or  shall  hereafter  be  increased,  there  must  be  and  there  hereby  is  allowed 
to  the  county  clerk  one  additional  deputy  to  act  as  courtroom  clerk  for 
each  judge  so  appointed  or  elected,  at  a  salary  not  exceeding  one  thou- 
sancj  two  hundred  dollars  per  annum  for  each  of  said  deputies,  to  be 
paid  at  the  same  time  and  in  the  same  manner  as  other  county  officers 
are  paid. 

2.  Sheriff.  The  sheriff,  five  thousand  one  hundred  dollars  per  annum, 
and  he  is  hereby  allowed,  in  addition  thereto,  one  under-sheriff  to  be 
appointed  by  him,  who  shall  receive  one  thousand  two  hundred  dollars 
per  annum,  whose  salary  shall  be  paid  by  the  county,  in  monthly  install- 
ments, at  the  same  time  and  in  the  same  manner  and  out  of  the  same 
fund   as   the   sheriff  is  paid;   provided,  however,   that   said  under-sheriff 


§  4257  POLITICAL   CODE.  464 

the  county  and  which  shall  be  in  full  for  all  services  rendered  by  them 
in  criminal  cases,  to  wit:  In  townships  of  the  first  class,  one  hundred 
ten  dollars  per  month;  in  townships  of  the  second  class,  ninety  dollars 
per  month;  in  townships  of  the  third  class,  seventy-five  dollars  per 
month;  in  townships  of  the  fourth  class,  seventy-five  dollars  per  month; 
in  townships  of  the  fifth  class,  fifteen  dollars  per  month;  and  in  town- 
ships of  the  sixth  class,  fifteen  dollars  per  month.  In  addition  to  the 
monthly  salaries  herein  allowed  for  services  in  criminal  actions,  cases 
and  examinations,  each  justice  of  the  peace  may,  for  his  own  use,  col- 
lect the  following  fees,  and  no  other,  in  civil  actions;  provided,  that  the 
existing  fee  bill  for  the  justices  of  the  peace  in  counties  of  this  class 
be  repealed  and  the  general  fee  bill  of  the  state  of  California  as  pro- 
vided for  justices  of  the  peace  in  section  four  thousand  three  hundred  e 
of  the  Political  Code  be  substituted  therefor. 

15.  Constables.  Constables  shall  receive  the  following  salaries,  which 
shall  be  paid  monthly,  in  the  same  manner  as  the  salaries  of  county 
officers  are  paid  out  of  the  general  fund  of  the  county,  and  which  shall 
be  in  full  of  all  services  rendered  by  them  in  criminal  cases,  to  wit: 
In  townships  of  the  first  class,  one  hundred  dollars  per  month;  in  town- 
ships of  the  second  class,  seventy-five  dollars  per  month;  in  townships 
of  the  third  class,  seventy-five  dollars  per  month;  in  townships  of  the 
fourth  class,  seventy-five  dollars  per  month;  in  townships  of  the  fifth 
class,  fifteen  dollars  per  month;  and  in  townships  of  the  sixth  class, 
fifteen  dollars  per  month.  In  addition  to  the  monthly  salaries  herein 
allowed  for  services  in  criminal  actions,  cases  and  proceedings,  each 
constable  shall  also  be  allowed  all  necessary  expenses  actually  and 
properly  incurred,  in  arresting  and  conveying  prisoners  to  court  or  to 
prison,  and  also  all  necessary  expenses  actually  incurred  in  the  trans- 
portation of  prisoners  from  prison  to  court,  and  the  return  of  said 
prisoner  to  prison;  and  shall  be  allowed,  also,  for  each  mile  actually 
traveled,  both  in  going  and  coming  in  the  service  of  subpoenas,  in  crim- 
inal actions,  per  mile,  ten  cents;  which  said  expense  and  mileage  shall 
be  audited  and  allowed  by  the  board  of  supervisors  as  other  claims 
against  the  county  are  audited  and  allowed,  and  shall  be  paid  out  of 
the  county  treasury. 

In  addition  to  the  monthly  salaries  herein  allowed  for  services  in  crim- 
inal actions  and  cases,  each  constable  may,  for  liis  own  use,  collect  the 
following  fees,  and  no  others,  in  civil  actions: 

For  serving  summons  and  complaint,  for  each  ilefondant  served,  fifty 
cents. 

For  each  cojjy  of  suiniiions  for  service,  wiioii  actually  made  by  him, 
twenty-five  cents. 

For  levying  writ  of  attachment  or  execution,  or  executing  order  of 
arrest,  or  for  delivery  of  personal  property,  one  dollar. 

For  serving  writ  of  attachment  or  execution  on  any  ship,  boat  or  ves- 
sel, three  dollars. 

For  keeping  personal  j)roperty,  such  sum  as  tlie  court  may  order;  but 
no  more  than  one  dollar  and  fifty  cents  jier  day  shall  be  allowed  for  a 
Uooi)cr  when  necessarily  PTii|ilnyoil. 

For  taking  bond  or  inuh'rtnking,  fifty  cents. 


465  POLITICAL  C0DI5.  §  4257 

For  copies  of  writs  and  other  papers,  except  summons,  complaint  and 
subpoenas,  per  folio,  ten  cents;  provided,  that  when  correct  copies  are 
furnished  to  him  for  use,  no  charge  shall  be  made  for  such  copies. 

For  serving  any  writ,  notice,  or  order,  except  summons,  complaint  and 
subpoenas,  for  each  person  served,  fifty  cents. 

For  writing  and  posting  each  notice  of  sale  of  property,  fifty  cents. 

For  furnishing  notice  for  publication,  twenty-five  cents. 

For  serving  subpoenas,  each  witness,  including  copy,  twenty-five  cents. 

For  collecting  money  on  execution,  one  and  one  half  per  cent. 

For  executing  and  delivering  certificate  of  sale,  fifty  cents. 

For  executing  and  delivering  constable's  deed,  one  dollar  ami  fifty 
cents. 

For  each  mile  actually  traveled  within  his  township  in  the  service  of 
any  writ,  order,  or  paper,  in  civil  actions,  in  going  only,  per  mile,  twenty- 
five  cents. 

For  traveling  outside  of  his  township  to  serve  such  writ,  order,  or 
paper,  in  civil  actions,  in  going  only,  twenty-five  cents  per  mile;  pro- 
vided, that  a  constable  shall  not  be  required  to  travel  outside  of  his 
township  to  serve  any  civil  process,  order,  or  paper.  No  constructive 
mileage  shall  be  charged,  allowed,  or  paid  in  criminal  or  civil  cases. 

For  each  day's  attendance  in  court,  in  civil  cases,  three  dollars  per  day. 

For  executing  a  search  warrant,  two  dollars;  and  for  each  mile  neces- 
sarily traveled  within  his  own  county  in  executing  a  search  warrant, 
both  in  going  and  returning  from  the  place  of  search,  fifteen  cents;  said 
fee  and  mileage  to  be  paid  by  the  party  demanding  the  search. 

For  summoning  a  jury,  in  civil  cases,  two  dollars,  including  mileage. 

For  commissions  for  receiving  and  paying  over  money  'on  execution 
without  levy,  or  when  the  goods  or  land  levied  on  shall  not  be  sold, 
one  per  cent.  The  fees  herein  allowed  for  the  levy  of  an  execution,  and 
for  making  or  collecting  the  money  on  execution,  shall  be  collected  from 
the  judgment  debtor,  by  virtue  of  such  execution,  in  the  same  manner 
as  the  sum  herein  directed  to  be  paid. 

16.  When  new  township  formed.  Payment  of  fees.  It  is  expressly  pro- 
vided that  in  counties  of  this  class,  where  a  township  has  been  created,  or 
may  hereafter  be  created  out  of  any  township,  the  population  of  which  is 
shown  in  the  federal  census  of  nineteen  hundred  ten,  the  population  of  the 
newly  created  township  and  the  population  of  the  township  from  which 
the  newly  created  township  was  taken  shall  be  separately  ascertained 
and  determined  by  the  board  of  supervisors  in  the  following  manner: 
By  appointing  a  suitable  person  in  each  of  such  townships  to  take  said 
census,  and  said  census  shall  be  taken  by  said  person  so  appointed  of  all 
the  inhabitants  of  each  of  said  townships;  the  full  name  of  each  person 
shall  be  fully  written,  the  names  alphabetically  and  regularly  numbered 
in  one  complete  series,  and  when  completed  shall  be  verified  before 
any  officer  authorized  to  administer  oaths,  and  be  filed  with  the  county 
clerk,  and  thereupon  the  same  shall  be  the  official  census  of  said  town- 
ship or  townships.  The  expense  of  taking  said  census  shall  be  a  county 
charge.  From  the  taking  of  such  census  the  salary  of  the  justices  of 
the  peace  and  of  the  constables  of  the  newly  created  township,  and 
the  township  irom   which  the   newly  created  township  was   taken,  shall 

30 


§  4257  POLITICAL    CODE.  464 

the  county  and  which  shall  be  in  full  for  all  services  rendered  by  them 
in  criminal  cases,  to  wit:  In  townships  of  the  first  class,  one  hundred 
ten  dollars  per  month;  in  townships  of  the  second  class,  ninety  dollars 
per  month;  in  townships  of  the  third  class,  seventy-five  dollars  per 
month;  in  townships  of  the  fourth  class,  seventy-five  dollars  per  month; 
in  townships  of  the  fifth  class,  fifteen  dollars  per  month;  and  in  town- 
ships of  the  sixth  class,  fifteen  dollars  per  month.  In  addition  to  the 
monthly  salaries  herein  allowed  for  services  in  criminal  actions,  cases 
and  examinations,  each  justice  of  the  peace  may,  for  his  own  use,  col- 
lect the  following  fees,  and  no  other,  in  civil  actions;  provided,  that  the 
existing  fee  bill  for  the  justices  of  the  peace  in  counties  of  this  class 
be  repealed  and  the  general  fee  bill  of  the  state  of  California  as  pro- 
vided for  justices  of  the  peace  in  section  four  thousand  three  hundred  e 
of  the  Political  Code  be  substituted  therefor. 

15.  Constables.  Constables  shall  receive  the  following  salaries,  which 
shall  be  paid  monthly,  in  the  same  manner  as  the  salaries  of  county 
officers  are  paid  out  of  the  general  fund  of  the  county,  and  which  shall 
be  in  full  of  all  services  rendered  by  them  in  criminal  cases,  to  wit: 
In  townships  of  the  first  class,  one  hundred  dollars  per  month;  in  town- 
ships of  the  second  class,  seventy-five  dollars  per  month;  in  townships 
of  the  third  class,  seventy-five  dollars  per  month;  in  townships  of  the 
fourth  class,  seventy-five  dollars  per  month;  in  townships  of  the  fifth 
class,  fifteen  dollars  per  month;  and  in  townships  of  the  sixth  class, 
fifteen  dollars  per  month.  In  addition  to  the  monthly  salaries  herein 
allowed  for  services  in  criminal  actions,  cases  and  proceedings,  each 
constable  shall  also  be  allowed  all  necessary  expenses  actually  and 
properly  incurred,  in  arresting  and  conveying  prisoners  to  court  or  to 
prison,  and  also  all  necessary  expenses  actually  incurred  in  the  trans- 
portation of  prisoners  from  prison  to  court,  and  the  return  of  said 
prisoner  to  prison;  and  shall  be  allowed,  also,  for  each  mile  actually 
traveled,  both  in  going  and  coming  in  the  service  of  subpoenas,  in  crim- 
inal actions,  per  mile,  ten  cents;  which  said  expense  and  mileage  shall 
be  audited  and  allowed  by  the  board  of  supervisors  as  other  claims 
against  the  county  are  audited  and  allowed,  and  shall  be  paid  out  of 
the  county  treasur3^ 

In  addition  to  the  monthly  salaries  herein  allowed  for  services  in  crim- 
inal actions  and  cases,  each  constable  may,  for  his  own  use,  collect  the 
following  fees,  and  no  others,  in  civil  actions: 

For  serving  summons  and   complaint,  for  each   ilefeiidaiit  served,  fifty 

ci'Ilts. 

i'or  cacli  coijy  of  suiruufins  for  scm\  ic(>,  wiioii  :ictnii]ly  made  by  him, 
tuenty-five  cents. 

For  levying  writ  oJ'  altacluiKMit  or  execution,  or  oxecntiiig  order  of 
.irrest,  or  for  delivery  of  [<ersonal  jiroperty,  one  dollar. 

For  serving  writ  of  attachment  or  execution  on  any  sliip,  boat  or  ves- 
sel, three  dollars. 

For  keeping  j)ers()iial   ]iro])erty,  such   sum   as  the  court  may  order;  but 
no  more  tlian   one  dollar  and  fitly  cents  per  dny   siiall    i)e  allowed   for  a 
keeper  when  necessarily  employed. 
■  For  taking  Itomi  or  niiili'rtnkiii^,  fifl  v   cents. 


465  POLITICAL   CODR.  §  4257 

For  copies  of  writs  and  other  pafjers,  except  summons,  complaint  and 
.subpoenas,  per  folio,  ten  cents;  provided,  tliat  when  correct  copies  are 
furnished  to  him  for  use,  no  charge  shall  be  made  for  such  copies. 

For  serving  any  writ,  notice,  or  order,  except  summons,  complaint  and 
subpoenas,  for  each  person  served,  fifty  cents. 

For  writing  and  posting  each  notice  of  sale  of  property,  fifty  cents. 

For  furnishing  notice  for  publication,  twenty-five  cents. 

For  serving  subpoenas,  each  witness,  including  copy,  twenty-five  cents. 

For  collecting  money  on  execution,  one  and  one  half  per  cent. 

For  executing  and  delivering  certificate  of  sale,  fifty  cents. 

For  executing  and  delivering  constable's  deed,  one  dollar  and  fifty 
cents. 

For  each  mile  actually  traveled  within  his  township  in  the  service  of 
any  writ,  order,  or  paper,  in  civil  actions,  in  going  only,  per  mile,  twenty- 
five  cents. 

For  traveling  outside  of  his  township  to  serve  such  writ,  order,  or 
paper,  in  civil  actions,  in  going  only,  twenty-five  cents  per  mile;  pro- 
vided, that  a  constable  shall  not  be  required  to  travel  outside  of  his 
township  to  serve  any  civil  process,  order,  or  paper.  No  constructive 
mileage  shall  be  charged,  allowed,  or  paid  in  criminal  or  civil  cases. 

For  each  day's  attendance  in  court,  in  civil  cases,  three  dollars  per  day. 

For  executing  a  search  warrant,  two  dollars;  and  for  each  mile  neces- 
sarily traveled  within  his  own  county  in  executing  a  search  warrant, 
both  in  going  and  returning  from  the  place  of  search,  fifteen  cents;  said 
fee  and  mileage  to  be  paid  by  the  party  demanding  the  search. 

For  summoning  a  jury,  in  civil  cases,  two  dollars,  including  mileage. 

For  commissions  for  receiving  and  paying  over  money  'on  execution 
without  levy,  or  when  the  goods  or  land  levied  on  shall  not  be  sold, 
one  per  cent.  The  fees  herein  allowed  for  the  levy  of  an  execution,  and 
for  making  or  collecting  the  money  on  execution,  shall  be  collected  from 
the  judgment  debtor,  by  virtue  of  such  execution,  in  the  same  manner 
as  the  sum  herein  directed  to  he  paid. 

16.  When  new  township  formed.  Payment  of  fees.  It  is  expressly  pro- 
vided that  in  counties  of  this  class,  where  a  township  has  been  created,  or 
may  hereafter  be  created  out  of  any  township,  the  population  of  which  is 
shown  in  the  federal  census  of  nineteen  hundred  ten,  the  population  of  the 
newly  created  township  and  the  population  of  the  township  from  which 
the  newly  created  township  was  taken  shall  be  sei^arately  ascertained 
and  determined  by  the  board  of  supervisors  in  the  following  manner: 
By  appointing  a  suitable  person  in  each  of  such  townships  to  take  said 
census,  and  said  census  shall  be  taken  by  said  person  so  appointed  of  all 
the  inhabitants  of  each  of  said  townships;  the  full  name  of  each  person 
shall  be  fully  written,  the  names  alphabetically  and  regularly  numbered 
in  one  complete  series,  and  when  completed  shall  be  verified  before 
anv  officer  authorized  to  administer  oaths,  and  be  filed  with  the  county 
clerk,  and  thereupon  the  same  shall  be  the  official  census  of  said  town- 
ship or  townships.  The  expense  of  taking  said  census  shall  be  a  county 
charge.  From  the  taking  of  such  census  the  salary  of  the  justices  of 
the  peace  and  of  the  constables  of  the  newly  created  township,  and 
the  township  trom  which  the  newly  created  township  was  taken,  shall 
30 


§  4258  POLITICAL  CODE.  466 

be  estimated  and  paid  on  the  basis  of  the  classification  hereinbefore 
given  under  the  federal  census  of  nineteen  hundred  ten  pro  rata  accord- 
ing to  the  population  of  the  newly  created  and  former  township  as  shown 
by  the  census  taken  as  hereinbefore  provided  to  be  ascertained  and 
determined  by  the  board  of  supervisors.  County  officers  must,  and  town- 
ship officers  may,  demand  the  payment  of  all  fees  in  advance.  Justices 
of  the  peace  shall,  on  or  before  the  first  Monday  of  each  month,  pay 
into  the  county  treasury  all  moneys  collected  by  them  on  fines  imposed 
and  collected  and  all  moneys  belonging  to  the  county  coming  from  any 
source. 

17.  Supervisors.  Each  member  of  the  board  of  supervisors,  one  thou- 
sand five  hundred  dollars  per  annum  and  ten  cents  per  mile,  one  way 
between  residence  and  county  seat,  in  attending  upon  all  regular,  spe- 
cial or  adjourned  meetings  of  the  board  of  supervisors;  provided,  that 
the  chairman  of  the  board  of  supervisors  may  receive  twenty-five  cents 
per  mile,  one  way,  between  residence  and  the  county  seat,  when  attend- 
ing at  the  county  seat  for  the  single  purpose  of  counting  the  money  in 
the  county  treasure'  as  required  by  law.  [Amendment  approved  May  28, 
1917;  Stats.  1917,  p.  1016.] 

§  4258.     Counties  of  twenty-ninth  class,  salaries  of  officers.    In  counties 

of  the  twenty-ninth  class,  the  county  officers  shall  receive,  as  compensa- 
tion for  the  services  required  of  them  by  law  or  by  virtue  of  their  office, 
the  following  salaries,  to  wit: 

1.  County  clerk.  The  county  clerk,  three  thousand  five  hundred  dol- 
lars per  annum  and  such  fees  as  are  now  or  may  be  hereafter  by  law; 
provided,  that  in  counties  of  this  class  there  shall  be  and  there  is  hereby 
allowed  to  the  county  clerk,  one  clerk,  which  office  is  hereby  created, 
at  a  salary  of  one  hundred  dollars  per  month  and  who  shall  be  appointed 
by  the  county  clerk.  The  salary  of  said  clerk  herein  provided  for  shall 
be  paid  by  said  county  in  monthly  installments  at  the  same  time,  and 
in  the  same  manner  and  out  of  the  same  fund  as  the  salary  of  the  county 
clerk  is  paid. 

2.  Sheriff.     The  sheriff,  six  thousand  dollars  per  annum. 

3.  Recorder.  The  recorder,  three  thousand  five  hundred  dollars  per 
annum. 

4.  Auditor.  The  auditor,  two  thousand  four  hundred  dollars  per  an- 
num; provided,  that  in  counties  of  this  class  there  shall  be  and  there 
is  hereby  allowed  to  the  auditor  one  clerk,  which  office  is  hereby  created, 
at  a  salary  of  seventy-five  dollars  per  month,  and  who  shall  be  appointed 
by  the  auditor.  The  salary  of  said  clerk  herein  provided  for  shall  be 
paid  by  said  county  in  monthly  installments  at  the  same  time  and  in 
the  same  manner  and  out  of  the  same  fund  as  the  salary  of  the  auditor 
is  paid. 

5.  Treasurer.  The  treasurer,  two  thousand  four  hundred  dollars  per 
aiiniiiii. 

(').  Tax  collector.  Tiio  tax  collector,  two  tliousaiul  dollars  per  annum; 
[trovidcid,  he  shall  have  power  to  appoint  one  deputy  at  a  salary  of 
seventy-five  dollars  per  month,  payable  at  the  same  time  and  in  the  same 


467  POLITICAL   CODE.  §  4258 

manner  as  that  of  other  county  officers;  and  provided,  further,  that  in 
counties  of  this  cdass  all  the  fees  and  commissions  of  ev(T?y  name  and 
nature  received  by  the  tax  collector  shall  be  paid  into  the  county 
treasury. 

7.  Assessor.  The  assessor,  four  thousand  dollars  per  annum;  provided, 
that  in  counties  of  this  class  there  shall  be  and  there  is  hereby  allowed 
to  the  assessor  one  clerk,  which  office  is  hereby  created,  at  a  salary  of 
one  hundred  dollars  per  month,  and  who  shall  be  appointed  by  the 
assessor.  The  salary  of  said  clerk  herein  provided  for  shall  be  paid  by 
said  county  in  monthly  installments  at  the  same  time,  and  in  the  same 
manner,  and  out  of  the  same  fund  as  the  salary  of  the  assessor  is  paid. 
The  assessor  may  also  appoint  five  field  clerks,  which  offices  of  field 
clerks  are  hereby  created,  to  serve  not  exceeding  sixty  days  in  any 
one  year,  and  said  field  clerks  shall  receive  as  compensation  for  all 
services  performed  as  such,  the  sum  of  five  dollars  per  day  for  each 
day  actually  and  necessarily  employed  as  such,  to  be  paid  out  of  the 
county  treasury  in  the  same  m'anner,  at  the  same  time  and  out  of  the 
same  fund  as  the  salaries  of  the  county  officers  are  paid;  provided,  that 
each  field  deputy,  when  so  employed,  shall  file  w^ith  the  auditor  a  state- 
ment verified  by  the  oath  of  such  field  deputy  and  approved  by -the  as- 
sessor, showing  the  number  of  days  actually  and  necessarily  employed 
in  the  duties  of  such  employment  during  the  period  covered  by  said 
statement,  before  any  warrant  for  the  payment  of  such  compensation 
shall  be  drawn  by  the  auditor.  All  commissions,  fees  or  compensation 
for  the  collection  of  taxes  on  personal  property,  for  services  in  making 
out  the  roll  of  persons  subject  to  military  duty,  and  all  other  fees  and 
commissions  shall  be  collected  by  the  assessor  and  by  him  paid  into 
the  county  treasury  and  no  part  shall  be  retained  by  him  as  part  of  his 
comiiensation. 

8.  District  attorney.  The  district  attorney,  two  thousand  four  hun- 
dred dollars  per  anniim,  and  he  is  hereby  allowed  in  addition  thereto 
one  clerk  to  be  appointed  by  him,  who  shall  receive  nine  hundred  dol- 
lars per  annum,  said  salary  to  be  paid  in  the  same  manner,  at  the  same 
time,  and  out  of  the  same  fund  as  the  salaries  of  other  county  officers 
are  paid. 

9.  Coroner.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

10.  Public  administrator.  The  public  administrator,  such  fees  as  are 
now  or  may  hereafter  be  allowed  by  law. 

11.  Superintendent  of  schools.  The  superintendent  of  schools,  two 
thousand  one  hundred  dollars  per  annum  and  actual  traveling  expenses 
when  visiting  schools  of  his  county,  and  such  per  diem  as  he  may  be 
now  or  hereafter  allowed  by  law  for  his  services  on  the  board  of  edu- 
cation; provided,  that  in  counties  of  this  class  there  is  allowed  to  the 
superintendent  of  schools  one  clerk,  which  office  of  clerk  is  hereby  cre- 
ated, at  a  salary  of  seventy-five  dollars  per  month,  and  who  shall  be 
appointed  by  the  superintendent  of  schools.  The  salary  of  said  clerk 
is  to  be  paid  at  the  same  time,  in  the  same  manner,  and  out  of  the 
same  fund  as  the  salaries  of  the  other  county  officers  are  paid. 


§  4258  POLITICAL  CODE.  468 

12.  Surveyor.  The  county  surveyor,  two  thousand  seven  humlred  fifty 
dollars  per  annum;  provided,  that  in  counties  of  this  class  there  shall 
be  and  there  hereby  is  allowed  to  the  surveyor  one  deputy,  who  shall 
be  appointed  by  the  surveyor  of  said  county,  and  shall  be  paid  a  salary 
of  one  thousand  five  hundred  dollars  per  annum;  the  salary  of  such  sur- 
veyor shall  be  paid  by  such  county  in  equal  monthly  installments  at 
the  same  time  and  in  the  same  manner  and  out  of  the  same  f.und  as 
the  salaries  of  other  county  officers  are  paid.  The  county  surveyor  shall 
make  up  all  maps,  plats  and  block-books  required  by  the  county  assessor; 
he  shall  do  all  work  for  the  county  in  which  the  county  employs  'a 
surveyor  or  civil  engineer;  he  shall  have  general  advisory  supervision 
over  all  road  and  bridge  work  for  the  county  and  shall  file  annually 
with  the  board  of  supervisors  a  statement,  which  shall  be  published 
as  a  part  of  the  proceedings  of  said  board,  showing  the  cost  of  all  new 
road  and  bridge  construction  in  the  county,  also  the  cost  per  mile  of 
maintaining  the  different  roads  of  the  county  for  the  preceding  fiscal 
year;  and  provided,  further,  that  when  in  the  judgment  of  the  board 
of  supervisors  of  the  county  it  is  necessary  to  employ  additional  assist- 
ants for  the  performance  of  any  of  said  work,  the  board  of  supervisors 
shall  allow  the  necessary  actual  expense  thereof;  and  provided,  further, 
that  said  county  surveyor  shall  be  allowed  all  necessary  transportation 
and  expenses  incurred  by  himself  or  deputies  for  work  performed  in 
the  field;  the  salary  of  the  deputy  herein  provided  for  shall  be  paid  by 
said  county  in  monthly  installments  at  the  same  time  and  in  the  same 
manner  and  out  of  the  same  fund  as  other  county  officers  are  paid. 
The  salary  herein  fixed  for  said  surveyor  shall  be  in  lieu  of  all  fees,  com- 
missions or  compensation  of  whatsoever  kind  or  nature  for  services 
performed  by  said  surveyor  for  said  county.  All  acts  or  parts  of  acts 
relative  to  such  fees,  commissions  or  compensation  for  work  performed 
for  counties  of  this  class  by  such  county  surveyor  are  hereby  repealed. 

13.  Justices  of  the  peace.  Justices  of  the  peace  shall  receive  the  fol- 
lowing monthly  salaries,  to  be  paid  each  month  as  salaries  of  other 
county  officers  are  paid,  which  shall  be  in  full  for  all  services  rendered 
in  both  civil  and  criminal  cases:  In  townships  where  the  population  is 
three  thousand  five  hundred,  or  more,  seventy-five  dollars  per  month, 
and  said  justice  of  the  peace  shall  be  furnished  with  offices  and  neces- 
sary supplies  by  the  board  of  supervisors  of  said  county;  in  townships 
where  the  population  is  two  thousand  five  hundred,  or  more,  and  less 
tliaii  three  thousand  five  hundred,  fifty  dollars  per  month;  in  townships 
where  the  population  is  one  thousand  five  hundred,  or  more,  and  less 
tlian  two  thousand  five  hundred,  thirty-five  dollars  per  month;  in  town- 
.ships  where  the  population  is  one  thousand,  or  more,  and  less  than  one 
thousand  five  hundred,  twenty-five  dollars  per  month;  in  townships  where 
Ihe  pojiulalion  is  less  than  one  thousand,  fifteen  dollars  per  month; 
provided,  that  all  fees  and  fines  chargeable  and  collectible  by  justices 
of  the  peace  in  civil  and  criminal  cases  for  services  rendered  by  them 
shall  be  collected  by  them  and  by  thoni  paid  monthly  into  the  county 
treasury;  j.rovided,  furtlier,  that  for  I  lie  purpose  of  this  subdivision, 
the  population  of  the  several  townships  shall  be  ascertained  by  the  board 
of  supervisors,  by  multiplying  the  number  of  registered  voters  at  the 
last  general  election   of  each   townshii)  l)y  three. 


469  POLITICAL   CODE.  §  4259 

14.  Constables.  Constables,  iu  townships  having  a  population  of  two 
thousand  or  more,  shall  receive  a  monthly  salary  of  fifty  dollars  per 
month;  in  townships  having  a  population  of  one  thousand  or  less  than 
two  thousand,  shall  receive  a  salary  of  forty  dollars  per  month  and 
in  townships  having  a  population  of  less  than  one  thousand  shall  re- 
ceive a  salary  of  twenty  dollars  per  month.  Constables  shall  also  re- 
ceive actual  traveling  expenses  in  transporting  prisoners  to  the  county 
jail.  The  salaries  of  township  officers,  herein  provided  for,  shall  be 
paid  monthly,  in  the  same  manner  as  the  salaries  of  the  county  officers 
are  paid,  and  shall  be  in  full  compensation  for  all  services  rendered 
by  them  in  criminal  cases. 

15.  Supervisors.  The  meetings  of  the  board  of  supervisors  shall  be 
monthly  and  shall  be  held  on  the  first  Monday  of  each  and  every  month. 
Each  member  of  the  board  of  supervisors  is  to  receive  a  salary  of  one 
thousand  two  hundred  dollars  per  annum  and  mileage  at  the  rate  of 
twenty  cents  per  mile  from  his  home  to  and  from  county  seat. 

16.  Fees  of  jurors.  Grand  jurors  and  trial  jurors  in  the  superior  court 
shall  receive  from  each  day's  attendance  per  day  the  sum  of  three 
dollars.  In  justices'  courts  in  civil  and  criminal  cases,  the  jurors  sworn 
to  try  the  case  shall  receive  for  each  day's  attendance  per  day  the 
sum  of  two  dollars.  All  jurors  shall  receive  for  each  mile  actually  and 
necessarily  traveled  from  his  residence  to  the  place  of  service  the  sum 
of  fifteen  cents  per  mile;  provided,  that  in  justice  courts  mileage  shall 
be  allowed  only  to  those  sworn  to  try  the  case.  [Amendment  approved 
May  28,  1917; 'stats.  1917,  p.  1013.] 

§  4259.  Counties  of  thirtieth  class,  salaries  of  officers.  Tn  counties 
of  the  thirtieth  class  the  county  officers  shall  receive  as  compensation 
for  the  services  required  of  them,  b}-  law  or  by  virtue  of  their  offices 
the  following  salaries,  to  wit: 

1.  County  clerk.  The  county  clerk,  two  thousand  five  hundred  dollars 
per  annum;  provided,  that  in  counties  of  this  class  there  shall  be,  and 
there  hereby  is,  allowed  to  the  county  clerk  the  following  deputies,  who 
shall  be  appointed  by  the  county  clerk  and  who  shall  be  paid  salaries 
as  follows:  One  chief  deputy  clerk,  at  a  salary  of  one  hundred  twenty- 
five  dollars  per  month,  one  deputy  clerk  at  a  salary  of  one  hundred  dollars 
per  month,  and  one  stenographer  at  a  salary  of  seventy-five  dollars  per 
month.  The  salaries  of  the  deputies  hereinabove  provided  for  shall  be 
paid  by  the  county  in  monthly  installments,  at  the  time  and  in  the 
manner,  and  out  of  the  same  fund  as  the  salaries  of  other  county  officers 
are  paid;  provided,  further,  however,  that  in  each  year  in  which  a  new 
and  complete  registration  of  voters  is  required  by  law  the  county  clerk 
may  appoint  an  additional  deputies  or  deputies  whose  compensation 
in  the  aggregate  shall  not  exceed  four  hundred  dollars  in  any  one  year; 
and  provided,  further,  that  the  county  clerk  shall  file  with  the  county 
auditor  a  certified  statement  showing  in  detail  the  amount  and  persons 
to  whom  said  compensation  is  paid.  Such  salaries  of  such  deputies  shall 
be  paid  out  of  the  same  fund  as  the  salaries  of  other  county  officers  are 
paid. 


§  4259  POLITICAL   CODE.  470 

2.  Sheriff.  The  sheriff,  four  thousand  dollars  per  annum;  provided, 
that  in  counties  of  this  class  there  shall  be  and  there  hereby  is  allowed  to 
the  sheriff  the  following  deputies,  who  shall  be  appointed  by  the  sheriff 
and  shall  be  paid  salaries  as  follows,  to  wit:  One  undersheriff  at  a 
salary  of  two  hundred  dollar^  per  month,  one  deputy  sheriff  at  a  salary 
of  one  hundred  dollars  per  month,  and  one  deputy  sheriff  at  seventy- 
five  dollars  per  month,  who  shall  be  head  jailer  at  the  county  jail  in 
said  county;  provided,  that  if  the  sheriff  shall  not  be  allowed  the 
privilege  of  boarding  the  prisoners  as  heretofore  provided,  in  this  county, 
then  the  deputy  who  shall  be  head  jailer  shall  receive  the  salary  of 
one  hundred  dollars  per  month;  said  sheriff  and  his  deputies  shall  be 
allowed  their  actual  traveling  expenses  in  the  performance  of  their 
duties,  but  no  other  fees  or  mileage  of  any  nature  or  kind  shall  be  al- 
lowed in  civil  or  criminal  matters;  all  fees  of  every  nature  and  kind 
collected  by  the  sheriff  shall  be  turned  into  the  county  treasury.  The 
salaries  of  the  deputies  hereinbefore  provided  shall  be  paid  in  monthly 
installments  by  said  county,  at  the  same  time  and  manner  and  out  of 
the  same  fund  as  the  salaries  of  other  county  officers  are  paid. 

3.  Recorder.  The  recorder,  three  thousand  dollars  per  annum;  pro- 
vided, that  in  counties  of  this  class,  there  shall  be  and  there  is  hereby 
allowed  to  the  recorder^  two  copyists  who  shall  be  appointed  by  the 
recorder  of  said  county,  each  of  whom  shall  be  paid  a  salary  of  seventy- 
five  dollars  per  month,  which  salaries  shall  be  paid  by  said  county  in 
monthly  installments,  at  the  same  time  and  in  the  same  manner  and 
out  of  the  same  fund  as  the  salaries  of  other  county  officers  are  paid. 

4.  Auditor.  The  auditor,  on  thousand  eight  hundred  dollars  per  an- 
num. 

o.  Tax  collector.  The  tax  collector,  two  thousand  one  hundred  dollars 
]>er  annum;  [uovided,  that  in  counties  of  this  class,  there  shall  be  and 
there  hereby  is  allowed  to  the  tax  collector  a  deputy  to  be  appointed  by 
the  tax  collector,  who  shall  receive  a  salary  of  seventy-five  dollars  per 
month,  which  salary  shall  be  paid  by  said  county  in  monthly  installments, 
at  the  same  time  and  in  the  same  manner  and  out  of  the  same  fund 
as  the  salaries  of  other  county  officers  are  paid. 

6.  Assessor.  The  assessor,  three  thousand  six  hundred  dollars  per 
annum;  and  said  assessor  may  appoint  one  chief  deputy,  who  shall 
receive  a  salary  of  one  thousand  two  hundred  dollars  per  annum,  which 
salary  shall  be  paid  by  the  county  in  equal  monthly  installments;  also, 
he  may  appoint  other  field  deputies  whose  compensation  in  the  aggregate 
.shall  not  exceed  two  thousand  dollars  in  any  one  year,  payable  to  them 
in  installments,  at  such  time  and  in  such  amounts  as  may  be  designated 
by  the  assessor;  provided,  that  the  assessor  shall  file  with  the  county 
auditor  a  verified  statement  showing  in  detail  the  amounts  and  the  per- 
sons to  whom  said  compensation  is  paid.  All  of  the  salaries  of  the  above 
deputies  shall  be  paid  in  the  same  manner  :nid  nut  of  the  same  fund 
as  the  salaries  of  other  coniity  officials  ;ir,'  jiaid.  All  coinmissions  or 
fees  now  or  hereafter  allowcil  by  law  shall  be  i>aid  into  the  county 
treasury  and  no  compensation  sliaH  he  allowed  the  assessor  for  prepar- 
ing l.lie  military  roll  of  a  f-ounty  of  this  class.     The  office  of  the  county 


471  POLITICAL   CODE.  §  4259 

assessor  shall  be  kept  open  ou  each  and  every  day,  except  Sundays  and 
legal  holidays,  from  nine  o'clock  A.  M.  to  twelve  o'clock  M.,  and  from 
one  o'clock  P.  M.  to  five  o'clock  P.  M.  The  changes  provided  in  this 
section  do  not  atfect  an  increase  in  the  compensation  of  a  county  officer 
and  shall  apply  immediately  to  incumbents. 

7.  Treasurer.  The  county  treasurer,  two  thousand  one  hundred  dollars 
per  annum;  provided,  that  all  commissions  received  by  the  treasurer  on 
the  collection  of  inheritance  taxes  shall  be  paid  into  the  county  treas- 
ury; provided,  further,  that  in  counties  of  this  class  the  county  treasurer 
may  appoint  a  deputy  or  deputies  whose  compensation  in  the  aggregate 
shall  not  exceed  three  hundred  dollars  in  any  one  year,  payable  to  them 
in  installments  at  such  times  and  in  such  amounts  as  may  be  decided 
by  the  county  treasurer;  provided,  that  said  treasurer  shall  file  with 
the  county  auditor  a  verified  statement  showing  in  detail  the  amounts 
and  the  persons  to  whom  said  compensation  is  paid.  All  of  the  salaries 
of  such  deputies  shall  be  paid  in  the  same  manner  and  out  of  the  same 
fund  as  the  salaries  of  other  count}'  officials  are  paid. 

8.  District  attorney.  The  district  attorney,  two  thousand  five  hun- 
dred dollars  per  annum;  provided,  that  in  counties  of  this  class  there 
shall  be  and  there  hereby  is  allowed  to  the  district  attorney  a  deputy, 
who  shall  be  appointed  by  the  district  attorney  of  said  county,  and 
w^ose  salary  is  hereby  fixed  at  the  sum  of  one  thousand  two  hundred 
dollars  per  annum,  which  shall  be  paid  by  said  county  in  equal  monthly 
installments  at  the  same  time  and  in  the  same  manner  and  out  of  the 
same  fund  as  is  the  salary  of  the  district  attorney. 

9.  Coroner.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law. 

10.  Public  administrator.  Public  administrator,  such  fees  as  are  now 
or  may  hereafter  be  allowed  by  law. 

11.  Superintendent  of  schools.  The  superintendent  of  schools,  two 
thousand  one  hundred  dollars  per  annum.  His  office  shall  be  kept  open 
on  all  business  days  from  nine  A.  M.  to  twelve  M.,  and  from  one  P.  M. 
to  five  P.  M.  He  shall  be  allowed  his  actual  traveling  expenses,  when 
visiting  the  schools  of  this  county  and  such  per  diem  as  is  now  or  may 
hereafter  be  allowed  by  law  for  services  as  a  member  of  the  county 
board  of  education;  provided,  that  in  counties  of  this  class  there  shall  be 
and  there  hereby  is  allowed  to  the  superintendent  of  schools  a  deputy,  to 
be  appointed  by  the  superintendent  of  schools,  who  shall  receive  from 
the  county  a  salary  of  one  thousand  dollars  per  annum,  which''  salary 
shall  be  paid  by  the  county  in  equal  monthly  installments,  and  which 
said  salary  shall  be  paid  at  the  same  time  and  in  the  same  manner 
and  out  of  the  same  funds  as  is  the  salary  of  the  superintendent  of 
schools. 

12.  Surveyor.  The  county  surveyor,  two  thousand  five  hundred  dol- 
lars per  annum;  provided,  that  if  the  county  surveyor  shall  be  ap- 
pointed superintendent  of  the  permanent  highways  in  the  county 
constructed  under  bond  issue,  under  any  statute  of  this  state  providing 
for  the  appointment  of  sn>h  superintendent,  then  and  in  that  event  said 


§  4259  POLITICAL   CODE.  472 

county  surveyor  shall  receive  a  salary  of  four  thousand  dollars  per 
annum;  and  said  surveyor  may  appoint  one  chief  deputy  surveyor  who 
shall  receive  a  salary  of  one  thousand  five  hundred  dollars  per  annum: 
also,  one  deputy  who  shall  receive  a  salary  of  one  thousand  two  hun- 
dred dollars  per  annum;  such  compensation  and  salary  as  above  set 
forth  shall  be  paid  in  full  for  all  services  rendered  by  such  county 
surveyor;  provided,  that  said  county  surveyor  shall  be  allowed  all  neces- 
sary transportation  and  expenses  incurred  by  himself  or  deputies  for 
work  performed  in  the  field,  and  in  the  official  discharge  of  his  duties; 
such  salary  to  be  paid  at  the  same  time,  in  the  same  manner  and  out 
of  the  same  fund  as  salaries  of  other  county  officials  are  paid. 

13.  Board  of  education.  In  counties  of  this  class,  each  member  of 
the  county  board  of  education  shall  receive  five  dollars  for  each  day 
the  board  of  education  is  in  session,  not  to  exceed  a  total  of  three  hun- 
dred fifty  dollars  per  annum.  In  addition  each  member  shall  receive 
the  same  mileage  as  is  allowed  the  members  of  the  board  of  super- 
visors of  said  county.  Compensation  of  the  members  of  the  county 
board  of'  education  shall  be  payable  out  of  the  same  funds  and  in  the 
same  manner  as  is  the  salary  of  the  county  superintendent  of  schools. 

14.  Justices  of  the  peace.  Justices  of  the  peace  shall  receive  the  fol- 
lowing monthly  salaries,  to  be  paid  each  month  as  salaries  of  other 
county  officers  are  paid,  which  shall  be  in  full  for  all  services  rend<^ed 
in  both  civil  and  criminal  cases:  In  townships  where  the  population  is 
four  thousand  or  more,  one  hundred  fifty  dollars  per  month,  and  said 
justice  of  the  peace  shall  be  furnished  with  offices  and  necessary  sup- 
plies by  the  board  of  supervisors  of  said  countj^;  in  townships  where  the 
population  is  two  thousand  and  less  than  four  thousand,  eighty  dollars 
per  month;  in  townships  where  the  population  is  one  thousand  and  less 
than  two  thousand,  forty  dollars  per  month;  in  townships  where  the 
population  is  less  than  one  thousand,  twenty  dollars  per  month;  pro- 
vided, that  the  justice  of  the  peace  shall,  before  receiving  his  monthly 
salary,  file  with  the  auditor  a  statement  of  all  fines  received,  together 
with  the  treasurer's  receipt  for  same;  provided,  further,  that  no  justice 
of  the  peace  shall  hold  the  office  of  city  recorder. 

15.  Constables.  Constables  shall  receive  the  following  monthly  sal- 
aries to  be  paid  each  month  as  salaries  of  county  officers  are  paid, 
which  shall  be  in  full  for  all  services  rendered  by  them  in  criminal 
cases:  In  townships  where  the  population  is  four  thousand  or  more, 
eighty  dollars  per  month;  in  townships  where  the  population  is  two 
thousand  and  less  than  four  thousand,  seventy  dollars  per  month;  in 
townships  where  the  population  is  one  thousand  and  less  than  two  thou- 
sand, fifty  dollars  per  month;  in  townships  where  the  population  is  less 
than  one  thousand,  twenty-five  dollars  per  month.  In  addition  to  the 
monthly  salary  herein  allowed,  each  constable  may  retain  for  his  own 
use  such  fees  as  are  now  or  may  hereafter  be  allowed  by  law  for  all 
ficrvices  rendered  by  him  in  civil  actions,  and  shall  also  be  allowed  all 
necessary  expenses  actually  incurred  in  arresting  or  conveying  pris- 
oners to  court  or  to  prison,  which  said  expenses  shall  be  audited  and 
;,||ovvcd  by  the  l)0!ird  of  supervisors  and  paid  out  of  the  county  treasury. 


473  POLITICAL    CODE.  §  4260 

16.  Population  of  townships.  For  the  purposes  of  subdivisions  four- 
teen and  fifteen  of  this  section,  the  population  of  the  several  judicial 
townships  shall  be  ascertained  by  the  board  of  supervisors  by  multiply- 
ing by  three  the  vote  for  governor  of  the  state  of  California  east  in 
each  township  at  the  next  preceding  election. 

17.  Supervisors.  Each  member  of  the  board  of  supervisors,  one  thou- 
sand two  hundred  dollars  per  annum,  and  their  necessary  expenses  when 
attending  to  the  business  of  the  county,  other  than  the  meetings  of  the 
board  at  the  county  seat,  and  twenty  cents  per  mile  in  traveling  from 
liis  residence  to  the  county  seat;  provided,  that  not  more  than  one 
mileage  for  any  one  regular  session  of  the  board  shall  be  allowed,  and 
not  more  than  one  mileage  for  any  special  session  of  the  board  shall 
be  allowed. 

18.  Salaries  payable  monthly.  The  salaries  of  all  county  and  town- 
ship officers  and  their  deputies  shall  be  payable  in  monthly  installments 
on  the  first  day  of  each  month. 

19.  Grand  jurors.  For  acting  as  a  grand  juror  in  the  superior  court, 
for  each  day's  attendance  per  day,  three  dollars.  For  every  mile 
actually  traveled  in  attending  court  as  a  grand  juror,  in  going  only, 
twenty-five  cents  per  mile.  [Amendment  approved  April  16,  1917;  Stats. 
1917,   p.   126.] 

§  4260.  Counties  of  thirty-first  class,  salaries  of  officers.  In  counties 
of  the  thirty-first  class  the  county  and  township  officers  shall  receive, 
as  compensation  for  the  services  required  of  them  by  law  and  by  virtue 
of  their  offices,  the  following  salaries  and  fees,  to  wit: 

1.  County  clerk.  The  county  clerk,  three  thousand  two  hundred  fifty 
dollars  per  annum;  and  also  such  compensation  as  is  now  or  may  here- 
after be  allowed  by  law;  and  in  each  year  in  which  a  new  and  complete 
registration  of  voters  is  required  by  law  he  shall  receive  such  an  amount 
as  shall  be  necessary  to  pay  deputy  registration  clerks  for  taking  affi- 
davits of  registration  outside  of  the  office  at  "the  rate  of  ten  cents  each, 
and  such  an  amount  as  shall  be  necessary  to  pay  deputies  in  the  office 
for  enrolling  the  registrations  upon  the  great  register  at  the  rate"  of 
four  cents  each,  the  claims  for  which  shall  be  presented  and  allowed 
by  the  board  of  supervisors  as  other  claims  are  presented  and  allowed; 
he  may  also  appoint  a  deputy  clerk,  which  office  of  deputy  clerk  is 
liereby  created,  whose  salary  shall  be  nine  hundred  dollars  per  annum, 
payable  as  the  salaries  of  county  officers  are  paid. 

2.  Sheriff.     The  sheriff,  six  thousand  dollars  per  annum. 

3.  Recorder.  The  recorder,  two  thousand  two  hundred  fifty  dollars  per 
annum;  provided,  that  such  recorder  shall  collect  and  pay  into  the  county 
treasury  for  the  use  and  benefit  of  the  county  the  fees  required  by  law 
to  be  so  collected;  and  provided,  that  when  the  amount  of  said  fees  so 
collected  shall  amount  to  more  than  two  hundred  dollars  in  any  one 
month,  the  said  recorder  may  receive  and  retaii\  for  his  own  use,  in  addi- 
tion to  his  salary,  one-half  of  all  fees  in  excess  of  two  hundred  dollars 
in  one  month  so  collected;  and  provided,  that  in  counties  of  this  class 


§  4260  POLITICAL  CODE.  474 

the  recorder  may  appoint  two  copyists  for  service  iu  his  office,  which 
office  of  copyists  for  the  county  recorder  is  hereby  created,  and  said 
ccpjdsts  shall  receive  as  compensation  for  their  services  the  sum  of ■  five 
hundred  forty  dollars  each  per  annum,  to  be  paid  out  of  the  county 
treasury  iu  equal  monthly  installments,  at  the  same  time  and  in  the  same 
manner  and  out  of  the  same  fund  as  the  salary  of  the  recorder  is  paid. 

i.  Auditor.  The  auditor,  two  thousand  dollars  per  annum;  he  may 
also  aiJ^ioint  a  deputy  auditor,  which  office  of  deputy  auditor  is  hereby 
created,  whose  salary  shall  be  seventy-five  dollars  i^er  month,  payable  as 
the  salaries  of  all  other  county  officers  are  paid.  The  provisions  of  this 
subsection  do  not  increase  the  compensation  of  a  county  officer  and  shall 
take  effect  immediately. 

5.  Treasurer.     The  treasurer,  two  thousand  dollars  per  annum. 

6.  Tax  collector.  The  tax  collector,  one  thousand  dollars  per  annum; 
provided,  that  said  tax  collector  shall  perform  the  duties  and  receive  and 
retain  for  his  own  use,  the  fees  provided  by  law  for  the  license  tax  col- 
lector. 

7.  Assessor.  The  assessor,  four  thousand  two  hundred  fifty  dollars 
per  annum;  provided,  that  in  counties  of  this  class  the  assessor  may 
appoint  a  field  deputy,  which  office  of  field  deputy  is  hereby  created, 
who  shall  hold  office  from  the  first  day  of  March  of  each  year  up  to  and 
including  the  last  day  of  July  of  each  year.  The  salary  of  said  field 
deputy  herein  provided  for  is  fixed  at  the  sum  of  one  hundred  fifty  dol- 
lars per  month,  to  include  expenses  for  each  month  during  which  the  said 
field  deputy  holds  office,  as  herein  provided.  The  salary  of  said  field 
deputy  shall  be  paid  at  the  same  time,  in  the  same  manner  and  out  of 
the  same  fund  as  the  salaries  of  other  county  officers  are  paid. 

8.  District  attorney.  The  district  attorney,  two  thousand  four  hun- 
dred dollars  per  annum;  lie  may  also  appoint  a  deputy,  which  office  of 
deputy  district  attorney  is  hereby  created,  whose  salary  shall  be  one 
thousand  dollars  per  annum,  payable  as  the  salaries  of  other  county  offi- 
cers are  paid. 

9.  Coroner.  The  coroner,  sucli  fees  as  are  now  or  may  hereafter  be 
allowed  liy  l;iw. 

1(1.  Public  administrator.  The  pnlilic  administrator,  such  fees  as  are 
now  or  may  liereafter  be  allovvcil  liy  law. 

11.  Superintendent  of  schools.  The  superintendent  of  schools,  one 
thoiisan.l  cigiit  liundred  dollars  per  annum,  including  services  on  the 
board  of  education,  lie  shall  be  allowed  his  actual  traveling  expenses 
not  to  exceed  three  hundred  dollars  per  annum;  he  shall  also  be  allowed 
one  deputy  whose  salary  shall  be  fifty  dollars  per  month,  payable  the  same 
as  the  salary  of  county  officers;  provided,  that  he  shall  keep  his  office 
„peii  from  n"iiie  o'clock   \.  M.  to  five  o'clock  P.  M.  of  each  business  day. 

12.  Surveyor.  The  surveyor  shall  receive  a  per  diem  of  ten  dollars  for 
all  work  performed  for  the  counly,  in  addition  thereto  all  necessary 
.xi.enseH  and  transportation  on  work  performed  in  the  field. 

i:;.  Population  of  townships.  Justices  of  the  peace.  For  the  luirposc 
of    fixing    the    coinpriisarion    of    .jiislici's    of    the    peace    according    to    their 


475  POLITICAL  CODE.  §  4260 

duties,  townships  of  this  class  of  counties  are  hereby  classified  according 
to  population.  The  population  shall  be  determined  by  the  board  of 
supervisors  upon  the  enactment  of,  this  act,  and  also  at  the  time  of  the 
formation  of  any  new  township  of  townships.  The  board  may  determine 
such  population  by  multiplyiug  by  three  the  number  of  registered  voters 
at  the  last  general  election  next  preceding  the  date  of  such  determina- 
tion. 

Townships  having  a  population  of  five  thousand  eight  hundred  or  more 
shall  belong  to  and  be  known  as  townships  of  the  first  class;  townships 
having  a  population  of  four  thousand  and  less  than  five  thousand  eight 
hundred  shall  belong  to  and  be  known  as  townships  of  the  second  class; 
townships  having  a  population  of  three  thousand  and  less  than  four  thou- 
sand shall  belong  to  and  be  known  as  townships  of  the  third  class;  town- 
ships having  a  population  of  two  thousand  two  hundred  and  less  than 
three  thousand  shall  belong  to  and  be  known  as  townships  of  the  fourth 
class;  townships  having  a  population  of  one  thousand  seven  hundred  and' 
less  than  two  thousand  two  hundred  shall  belong  to  and  be  know^n  as  a 
township  of  the  fifth  class;  towniships  having  a  population  of  one  thou- 
sand two  hundred  and  less  than  one  thousand  seven  hundred  shall  belong 
to  and  be  known  as  townships  of  the  sixth  class;  townships  having  a 
population  of  six  hundred  and  less  than  one  thousand  two  hundred  shall 
Ijelong  to  and  be  known  as  townships  of  the  seventh  class;  townships 
having  a  population  of  three  hundred  and  less  than  six  hundred  shall 
belong  to  and  be  known  as  townships  of  the  eighth  class;  townships  hav- 
ing a  population  of  less  than  three  hundred  shall  belong  to  and  be  known 
as  townships  of  the  ninth  class. 

Justices  of  the  peace  shall  receive  the  following  salaries:  In  townships 
of  the  first  class,  the  sum  of  nine  hundred  dollars  for  the  period  begin- 
ning with  the  date  upon  which  this  act  becomes  effective  and  ending 
Decemt)er  31,  1915,  and  thereafter  a  salary  of  nine  hundred  dollars  per 
annum;  in  townships  of  the  second  class,  the  sum  of  seven  hundred 
eighty  dollars  for  the  period  beginning  with  the  date  upon  which  this 
act  becomes  effective  and  ending  December  31,  1915,  and  thereafter  a  sal- 
ary of  seven  hundred  eighty  dollars  per  annum;  in  townships  of  the  third 
class,  the  sum  of  six  hundred  sixty  dollars  for  the  period  beginning  with 
the  date  upon  which  this  act  becomes  eft'ective  and  ending  December  31, 
1915,  and  thereafter  a  salary  of  six  hundred  sixty  dollars  per  annum; 
in  townships  of  the  fourth  class,  the  sum  of  six  hundred  dollars  for  the 
period  beginning  with  the  date  upon  which  this  act  becomes  effective 
and  ending  December  31,  1915,  and  thereafter  a  salary  of  six  hundred 
dollars  per  annum;  in  townships  of  the  fifth  class,  the  sum  of  three  hun- 
dred twenty  dollars  for  the  period  beginning  with  the  date  upon  which 
this  act  becomes  effective  and  ending  December  31,  1915,  and  thereafter 
a  salary  of  three  hundred  twenty  dollars  per  annum;  in  townships  of  the 
sixth  class,  the  sum  of  two  hundred  forty  dollars  for  the  period  begin- 
ning with  the  date  upon  which  this  act  becomes  effective  and  ending 
December  31,  1915,  and  thereafter  a  salary  of  two  hundred  forty  dollars 
per  annum;  in  townships  of  the  seventh  class,  the  sum  of  one  hundred 
eighty  dollars  for  the  period  beginning  with  the  date  upon  which  this 
act  becomes  effective  and  ending  with  December  31,  1915,  and  thereafter 
a  salary  of  one  hundred  eighty  dollars  per  annum;  in  townships  of  the 
eighth  class,  the  sum  of  one  hundred  twenty  dollars  for  the  period  he- 


§  4260  POLITICAL   CODE.  476 

ginning  with  the  date  upon  which  this  act  becomes  effective  and  ending 
December  31,  1915,  and  thereafter  a  salary  of  one  hundred  twenty  dol- 
lars per  annum;  in  townships  of  the  ninth  class,  the  sum  of  sixty  dollars 
for  the  period  beginning  with  the  date  upon  which  this  act  becomes 
effective  and  ending  December  31,  1915,  and  thereafter  a  salary  of  sixty 
dollars  per  annum. 

Such  salaries  shall  be  paid  in  the  same  manner  and  out  of  the  same 
fund  as  the  salaries  of  county  officers  are  paid  and  shall  be  compensation 
ill  full  for  all  services  rendered. 

All  fees  received  by  justices  of  the  peace  shall  be  paid  into  the  county 
treasury  every  month. 

14.  Constables.  The  constable  shall  receive  the  following  fees,  to  wit: 
For  serving  summons  and  complaint,  for  each  defendant  served  one  dol- 
lar; for  each  copy  of  summons  tor  service  when  made  by  him,  twenty- 
five  cents;  for  levying  writ  of  attachment  or  execution  or  executing 
order  of  arrest  or  for  the  delivery  of  personal  property,  one  dollar;  for 
keeping  personal  proj^erty,  such  sum  as  the  court  may  order,  but  no  more 
than  two  dollars  per  day  shall  be  allowed  for  a  keeper  w^hen  necessarily 
employed;  for  taking  bond  or  undertaking,  tifty  cents;  for  copies  of  writs 
and  other  papers,  except  summons,  complaints  and  subpoenas,  per  folio 
ten  cents;  provided,  that  when  correct  copies  are  furnished  him  for  use, 
no  charge  shall  be  made  for  copies,  for  serving  any  writ,  notice  or  order, 
except  summons,  complaint  or  subpoenas,  for  each  person  served,  fifty 
•cents;  for  writing  and  posting  each  notice  of  sale  of  property,  twenty- 
five  cents;  for  serving  subpoenas,  each  witness,  including  copy,  twenty- 
five  cents;  for  collecting  money  on  execution,  two  and  one-half  per  cent, 
to  be  charged  against  the  defendant  named  in  the  execution;  for  execut- 
ing and  delivering  a  certificate  of  sale,  one  dollar;  for  executing  and  de- 
livering constable's  deeds,  two  dollars;  for  every  mile  necessarily  trav- 
eled in  his  township,  in  going  only,  to  serve  any  civil  or  criminal  process 
or  paper,  or  to  take  a  prisoner  before  a  magistrate  or  to  a  prison,  twenty- 
five  cents,  outside  of  his  township,  but  within  his  county,  twenty  cents; 
but  when  two  or  more  persons  are  served  or  summoned  in  the  same  suit 
and  at  the  same  time,  mileage  shall  be  charged  only  for  the  more  distant 
if  they  live  in  the  same  direction;  for  each  mile  traveled  outside  his 
county  in  making  criminal  arrests,  both  going  and  returning  from  the 
place  of  arrest,  ten  cents;  in  transporting  prisoners  to  the  county  jail, 
or  before  a  magistrate,  either  upon  arrest  or  for  trial  or  examination, 
or  after  conviction,  he  shall  receive  in  addition  to  the  above  mileage  his 
actual  and  necessary  expenses  for  himself  and  prisoners;  provided,  that 
if  two  or  more  prisoners  are  transported  at  the  same  time,  no  more  than 
one  mileage  shall  1)0  allowed;  for  making  each  arrest  in  criminal  cases, 
one  dollar  and  fifty  cents;  for  sales  of  estrays,  the  same  fees  as  for  sales 
on  (sxecution;  for  summoning  a  jury,  two  dollars,  including  mileage;  for 
;ill  other  services,  the  same  fees  as  are  allowed  sheriffs  for  like  services; 
provided,  further,  that  no  more  than  sixty  dollars  shall  be  allowed  to 
any  constable  in  counties  of  this  cliiss  in  any  one  month  for  fees  and 
mileage  in  criniiiiii!   matters. 

15  Supervisors.  Eacli  su].crvisor,  six  luindred  dollars  per  annum,  and 
twp'nly  cents  per  mile  for  traveling  from  his  residence  to  and  from  the 
conntv  seat;  ],rovided.  such  mileage  shall  not   ho  allowed  more  than  once 


477  POLITICAL   CODE.  •  §  4261 

a  month;  and  for  his  services  as  road  eomniissioner  he  shall  receive 
twenty  cents  a  mile  one  way,  for  all  distances  actually  and  necessarily 
traveled  by  him  in  the  performance  of  his  duties;  provided,  he  shall  not 
in  any  one  year  receive  more  than  three  hundred  dollars  as  such  road 
commissioner.  The  road  commissioners  shall  be  reimbursed  for  all  travel- 
ing, personal  and  other  necessary  expenses  while  actually  engaged  in  the 
performance  of  their  duties  upon  the  road;  provided,  that  the  full 
amount  of  expenses  incurred  shall  not  exceed  six  hundred  dollars  in  any 
one  year,  to  be  allowed  as  any  other  claim  by  the  board  of  supervisors. 

16.  Probation  officer.  The  probation  officer,  one  thousand  two  hundred 
dollars  jier  annum;  provided,  further,  that  said  probation  officer  shall 
devote  his  entire  time  to  the  performance  of  the  duties  of  said  office. 

17.  Jurors.  In  counties  of  this  class  grand  jurors  and  jurors  in  the 
superior  court  shall  receive  for  each  day's  attendance  the  sum  of  three 
dollars,  and  for  each  mile  actually  and  necessarily  traveled  from  resi- 
dence to  county  seat  the  sum  of  twenty-five  cents;  such  mileage  to  be 
allowed  but  once  during  each  session  such  jurors  are  required  to  attend. 
[Amendment  approved  May  28,  1917;   Stats.  1917,  p.  1160.] 

I  §  4261.  Counties  of  thirty-second  class,  salaries  of  officers.  In  coun- 
ties of  the  thirty-second  class,  the  cuunty  officers  shall  receive  as  com- 
23ensation  for  their  services  required  of  them  by  law,  or  by  virtue  of 
their  office,  the  following  salary,  or  fees,  to  wit: 

1.  County  clerk.  The  county  clerk,  two  thousand  five  hundred  dollars 
per  annum,  and  one  deputy  at  a  salary  of  one  thousand  two  hundred 
dollars  per  annum,  and  one  deputy  at  a  salary  of  one  thousand  dollars 
per  annum.  The  salary  of  said  deputies  to  be  payable  monthly  in  the 
same  manner  as  the  salaries  of  the  other  county  officers  are  paid;  pro- 
vided, further,  however,  that  in  each  year  in  which  a  new  and  complete 
registration  of  voters  is  required  by  law  the  county  clerk  may  appoint 
an  additional  deputy  or  deputies  whose  compensation  in  the  aggregate 
shall  not  exceed  four  hundred  dollars  in  any  one  year;  and  provided, 
furthef,  that  the  county  clerk  shall  file  with  the  county  auditor  a  certi- 
fied statement  showing  in  detail  the  amount  and  persons  to  whom  said 
compensation  is  paid.  Such  salaries  of  such  deputies  shall  be  paid  out  of 
the  same  fund  as  the  salaries  of  other  county  officers  are  paid. 

2.  Sheriff.  The  sheriff,  three  thousand  dollars  per  annum  and  one 
jailer  at  a  salary  of  one  hundred  dollars  per  month,  and  one  bailiff  at  a 
salary  of  one  hundred  dollars  per  month,  one  deputy  at  a  salary  of  one 
hundred  dollars  per  month,  which  office  is  hereby  created,  the  salary  of 
said  jailer,  bailiff  and  deputy  payable  monthly  in  the  same  manner  as 
the  salaries  of  the  other  county  officers  are  paid. 

;?.  Eecorder.  The  recorder,  two  thousand  dollars  per  annum,  and  one 
copyist  at  a  salary  of  nine  hundred  dollars  per  annum,  which  office  of 
copyist  is  hereby  created,  and  one  copyist  at  a  salary  of  nine  hundred 
dollars  per  annum,  which  office  of  copyist  is  hereby  created,  the  salary 
of  said  copyists  payable  monthly  in  the  same  manner  as  the  salaries  of 
other  countj'  officers  are  paid. 

4.  Auditor.  The  auditor,  two  thousand  dollars  per  annum  and  one 
deputy  during  the  months  of  .Tuly,  August,  September,  October,  Novem- 


§  4261  POLITICAL    CODE.  478 

ber,  and  December  of  each  year,  at  a  salary  of  one  hundred  dollars  per 
month,  which  office  of  deputy  auditor  is  hereby  created,  the  salary  of 
said  deputy  payable  monthly  in  the  same  manner  as  the  salaries  of  other 
county  officers  are  paid. 

5.  Treasurer.     The  treasurer,  two  thousand  dollars   per  annum. 

6.  Tax  collector.  The  tax  collectoi",  two  thousand  five  hundred  dollars 
per  annum,  and  one  deputy  at  a  salary  of  seventy-five  dollars  per  month, 
which  office  of  deputy  tax  collector  is  hereby  created,  the  salary  of  said 
deputy  paj^able  monthly  in  the  same  manner  as  the  salaries  of  other 
county  officers  are  paid. 

7.  Assessor.  The  assessor,  four  thousand  five  hundred  dollars  per 
annum;  one  chief  deputy,  which  office  of  chief  deputy  assessor,  is  hereby 
created,  at  a  salary  of  one  thousand  two  hundred  dollars  per  annum, 
payable  monthly  in  the  same  manner  as  the  salaries  of  other  county 
officers  are  paid;  one  copyist  for  a  period  of  four  months  in  each  year, 
which  office  of  copyist  is  hereby  created,  at  a  salary  of  seventy-five  dol- 
lars per  month,  payable  during  the  months  of  March,  April,  May  and 
June  of  each  year,  in  the  same  manner  as  the  salaries  of  other  county 
officers  are  paid.  The  assessor  may  also  appoint  such  number  of  addi- 
tional deputies  as  he  shall  deem  necessary,  the  salaries  of  such  additional 
deputies  to  be  paid  by  the  assessor  out  of  his  salary  above  provided  for. 
All  sums  collected  by  the  assessor  or  his  deputies  as  fees  or  commissions 
allowed  by  law  for  the  collection  of  personal  property  taxes,  for  making 
the  military  roll  and  for  commissions  now  or  hereafter  allowed  by  law 
for  the  collection  of  poll  taxes,  shall  be  paid  into  the  county  treasury, 
for  the  use  of  said  county,  monthly  as  collected,  with  a  statement  of 
account  of  such  collection. 

S.  District  attorney.  The  district  attorney,  two  thousand  dollars  per 
annum. 

9.  Coroner.  The  coroner,  such  fees  as  are  now,  or  may  be  hereafter 
provided  by  law. 

10.  Public  administrator.  The  public  administrator,  such  fees  as  are 
now,  or  may  be  luTonfter  provided  by  law. 

11.  Superintendent  of  schools.  Tlic  superintendent  of  schools,  one 
thousand  oiglit  liundred  dollars  jier  annum,  and  one  clerk,  which  office  of 
clerk  to  tlie  superintendent  of  schools  is  hereby  created,  at  a  salary  of 
nine  hundred  dollars  per  annum,  payable  monthly  in  the  same  manner 
as  the  salaries  of  other  county  officers  are  paid. 

12.  Surveyor.  The  surveyor,  such  fees  as  are  now,  or  may  be  hereafter 
provided  by  law. 

1?..  Supervisors.  Supervisors,  each  the  sum  of  eight  hundred  dollars 
per  aniiuiii  in  full  for  all  services  performed  by  them  as  supervisors,  and 
as  members  of  the  board  of  equalization,  and  road  commissioners,  and 
in  any  and  every  capacity. 

14.  Justices  of  the  peace.  Constables.  Justices  of  the  peace  shall  re- 
ceive (lie  folldwiiiu  nu)ntlily  salaries,  to  be  paid  each  month  in  the  same 
maniici  and  out  ni'  the  same  fund  as  county  officers  are  paid,  which  shall 
he    in    lull    lor   all    services   rendered   by   them.     In   townships   having   a 


479  POLITICAL  CODE.        §§  4261a,  4262 

population  of  mure  than  six  thousand,  one  liumlrcd  dollars  per  month; 
in  townsliips  having  a  population  of  less  than  six  thousand  and  more 
than  three  thousand,  seventy-five  dollars  per  month;  in  townships  having 
a  population  of  less  than  tliree  thousand  and  more  than  seven  hundred 
fifty,  forty-five  dollars  per  month;  in  townships  having  a  population  of 
less  than  seven  hundred  fifty,  ten  dollars  per  month.  It  is  hereby  found 
as  a  fact  that  the  salaries  provided  for  this  subdivision  do  not  work  an 
increase  in  compensation,  and  the  same  shall  apply  immediately  to  in- 
cumbents. 

Constables  shall  receive  the  following  monthly  salaries,  to  be  paid 
each  month  in  the  same  manner  and  out  of  the  same  fund  as  county  offi- 
cers are  paid,  which  shall  be  in  full  for  all  services  rendered  by  them  in 
criminal  cases.  In  townships  having  a  population  of  more  than  six 
thousand,  one  hundred  dollars  per  month;  in  townships  having  a  popula- 
tion of  less  than  six  thousand  and  over  tliree  thousand,  seventy-five  dol- 
lars per  month;  in  townshijis  having  a  population  of  less  than  three 
thousand  and  over  seven  hundred  fifty,  fifty  dollars  per  month;  in  town- 
ships having  a  population  of  less  than  seven  hundred  fiftj^,  ten  dollars 
per  month.  The  constables  may  retain  for  their  own  use  all  other  fees, 
except  those  in  criminal  cases,  as  are  now  or  may  hereafter  be  provided 
by  law.      [Amendment  approved  May  2S,  1917;   Stats.  1917,  p.  1152.] 

§  4261a.  Fees  of  jurors,  counties  of  thirty-second  class.  In  counties  of 
the  thirty-second  class,  grand  jurors,  and  trial  jurors  in  the  superior 
court  in  criminal  cases,  shall  be  paid  three  dollars  per  day  for  each  day's 
attendance,  and  for  each  mile  actually  traveled  in  going  only,  while  act- 
ing as  such  juror,  ten  cents,  and  the  judge  of  said  court  shall  make  an 
order  directing  the  auditor  to  draw  his  warrant  on  the  treasury  in  favor 
of  such  juror  for  said  per  diem  and  mileage,  and  the  treasurer  shall  pay 
the  same.      [New  section  added  May  28,  1917;  Stats.  1917,  p.  1166.] 

§  4262.  Counties  of  thirty-third  class,  salaries  of  officers.  In  counties 
of  the  thirty-third  class,  the  county  officers  shall  receive  as  compensation 
for  the  services  required  of  them,  by  law,  or  by  virtue  of  their  office, 
the  following  salaries,  to  w-it: 

1.  County  clerk.  The  county  clerk,  two  thousand  four  hundred  dollars 
per  annum;  and  in  any  year  when  a  new  and  complete  or  supplemental 
registration  of  voters  is  required  by  law  to  be  made,  he  shall  receive  the 
sum  of  twelve  cents  for  each  elector  registered,  which  shall  be  allowed 
by  the  board  of  supervisors  at  the  close  of  registration  preceding  a  gen- 
eral election,  and  paid  from  the  general  fund  of  the  county.  The  county 
clerk  shall  be  allowed  one  deputy  at  a  salary  of  one  thousand  two  hun- 
dred dollars  per  annum,  and  one  deputy  at  a  salary  of  nine  hundred  dol- 
lars per  annum.  The  county  clerk  shall  also  be  allowed  two  copyists  dur- 
ing the  month  of  October  in  each  even  numbered  year  and  prior  to  the 
holding  of  the  November  general  election,  said  copyists  to  receive  a 
salary  of  fifty  dollars  each  for  said,  month;  said  deputies  and  copyists  to 
be  appointed  by  the  county  clerk. 

2.  Sheriff.  The  sheriff,  five  thousand  dollars  per  annum,  and  necessary 
expenses  for  pursuing  criminals  or  transacting  any  criminal  business. 
The  sheriff  shall   be   allowed   one.   deputy,  who   shall  be   the  jailer,   at   a 


§  4262  POLiTiCAi.  CODE.  480 

salary  of  one  thousand  two  hundred  dollars  per  annum;  said  deputy  to 
be  appointed  by  the  sheriff;  and  sueh  additional  deputies  as  may  be 
required  to  enforce  the  provisions  of  the  motor  vehicle  law,  said  deputies 
to  be  appointed  by  the  sheriff  and  to  receive  such  compensation,  to  be 
paid  out  of  the  general  fund  of  the  county,  as  the  board  of  supervisors 
may  fix. 

3.  Recorder.  The  recorder,  two  tliousand  four  hundred  dollars  per 
annum.  The  recorder  shall  be  allowed  four  copyists,  each  of  whom  shall 
receive  a  salary  of  nine  hundred  dollars  per  annum;  said  copyists  to  be 
appointed  by  the  recorder. 

4.  Auditor.  The  auditor,  two  thousand  four  hundred  dollars  per 
annum.  The  auditor  shall  be  allowed  one  deputy  at  a  salary  of  nine 
hundred  dollars  per  annum;  said  deputy  to  be  appointed  by  the  auditor. 

y.  Treasurer.  Tlie  treasurer,  two  thousand  four  hundred  dollars  per 
annum. 

6.  Tax  collector.  The  tax  collector,  two  thousand  dollars  per  annum. 
The  tax  collector  shall  be  allow^ed  one  deputy  at  a  salary  of  one  thousand 
tw^o  hundred  dollars  per  annum;  said  deputy  to  be  appointed  by  the  tax 
collector;  and  provided,  further,  that  the  said  tax  collector  shall  be 
allowed  one  deputy  w^ho  shall  hold  office  during  the  months  of  September, 
October,  November  and  December  at  a  salary  of  seventy-five  dollars  per 
month;  said  dejjuty  to  be  appointed  by  the  tax  'collector. 

7.  Assessor.  The  assessor,  three  thousand  six  hundred  dollars  per  annum. 
The  assessor  shall  be  allowed  one  chief  deputy  at  a  salary  of  one  thou- 
sand eight  hundred  dollars  per  annum;  one  deputy  at  a  salary  of  one 
thousand  three  hundred  twenty  dollars  per  annum;  one  deputy  for  a 
term  of  eight  months  each  year  at  a  salary  of  seventy-five  dollars  per 
month;  two  deputies  for  a  period  of  three  months  each  year  at  salaries 
of  one  hundred  twenty-five  dollars  per  month  each;  eight  deputies  for  a 
period  of  two  months  each  year  at  salaries  of  one  hundred  twenty-five 
dollars  per  month  each;  two  deputies  for  a  period  of  one  month  each  year 
at  salaries  of  one  hundred  twenty-five  dollars  per  month  each.  The  said 
deputies  shall  be  appointed  by  the  assessor  at  sueh  time  or  times  as  said 
assessor  shall  see  fit. 

8.  District  attorney.  The  district  attorney,  two  thousand  four  hundred 
dollars  per  annum.  The  district  attorney  shall  be  allowed  one  stenog- 
rapher at  a  salary  of  nine  hundred  dollars  per  annum;  said  stenographer 
to  be  appointed  by  the  district  attorney. 

i).  Coroner.  The  coroner,  such  fees  as  are  now  or  mny  hereafter  be 
allowed  by  law. 

10.  Public  administrator.  The  public  administrator,  such  fees  as  are 
now  or  may  hereafter  be  allowed  by  law. 

11.  Superintendent  of  schools.  The  superintendent  of  schools,  two 
fhoiisaiiil  iloiliMH  per  ainuim;  and  shall  also  be  allowed  the  compensation 
allowed  by  law  for  services  on  the  board  of  education,  and  actual  travel- 
ing expenses  when  visiting  schools  in  his  (or  her)  county.  The  superin- 
tendent of  schools  .shall   l)e  all()w(>il   one  deputy  at  a  salary  of  one  thou- 


481  POLITICAL    CODE.  §  4262 

sand   two   hiiiulred   dollars  per   aiiiiuni;    said    dejiufv    to    be   a[)[)()inte(l    by 
the  superintendent  of  schools. 

ll^.  Surveyor.  The  surveyor,  such  tees  as  are  now  or  may  hereafter 
be  allowed  by  law;  provided,  the  surveyor  shall  annually  revise  the  plats 
in  the  office  of  the  assessor,  for  which  he  shall  receive  a  sum  not  to  ex- 
ceed four  hundred  dollars  in  any  one  year. 

13.  Population  of  townships.  For  tlu>  purfiose  of  regulating  the  com- 
pensation of  justices  of  the  peace  and  constables,  townships  in  counties 
of  the  thirty-third  class  are  hereby  classified  according  to  population  to 
be  determined  by  the  board  of  supervisors  at  the  time  of  the  formation 
of  any  new  judicial  township  or  townships  in  the  manner  prescribed  by 
section  four  thousand  fifty-five  of  the  Political  Code.  Townships  having 
a  population  of  five  thousand  or  more  shall  belong  to  and  be  known  as 
townships  of  the  first  class.  Townsliips  having  a  population  of  less  than 
five  thousand  and  more  than  three  thousand  five  hundred  shall  belong 
to  and  be  known  as  townships  of  the  second  class.  Townships  having  a 
population  of  less  than  three  thousand  five  hundred  shall  belong  to  and 
be  known  as  townships  of  the  third  class.  .Tustices  of  the  peace  shall 
receive  the  following  salaries  for  all  services  rendered  by  them:  In  town- 
ships of  the  fisst  class,  one  hundred  dollars  per  month;  in  townships  of 
the  second  class,  fifty  dollars  per  month;  in  townships  of  the  third  class, 
thirty-five  dollars  per  month. 

The  amendments  provided  for  in  tlie  sultdivision  shall  not  take  effect 
until   the  expiration   of  the  terms  of  olfice   of  the   present   incumbents. 

14.  Constables.  Constables  in  counties  of  this  class  shall  receive  the 
following  salaries  for  all  services  rendered  by  them  in  criminal  cases:  In 
townships  of  the  first  class,  one  hundred  dollars  per  month;  in  townships 
of  the  second  class,  fifty  dollars  per  month;  in  townships  of  the  third 
class,  thirty-five  dollars  per  month.  Constables  shall  also  receive  for 
their  own  use  and  benefit,  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law  in  civil  cases.  They  shall  also  bo  allowed  their  actual 
expenses  in  conveying  prisoners  from  place  of  arrest  to  court,  and,  in 
case  of  conviction,  from  the  court  to  the  county  jail. 

The  amendments  provided  for  in  this  subdivision  shall  not  take  effect 
until  the  expiration  of  the  terms  of  office  of  the  present  incumbents. 

15.  Supervisors.  Supervisors,  each,  the  sum  of  one  thousand  two  hun- 
dred dollars  per  annum  for  all  services  performed  by  them  as  supervisors 
and  as  members  of  the  board  of  equalization.  Each'  supervisor  shall  re- 
ceive mileage  at  the  rate  of  ten  cents  per  mile  for  each  mile  traveled  in 
going  to  and  from  the  meeting  of  the  board.  They  shall  act  as  road 
commissioners  in  their  respective  districts  and  shall  receive  for  their 
services  as  such  road  commissioner  mileage  at  the  rate  of  twenty-five 
cents  per  mile  for  all  distances  actually  traveled  by  them  in  the  dis- 
charge of  their  duties  as  such  road  commissioner;  provided,  that  such 
mileage  as  road  commissioner  shall  not  in  any  one  year  exceed  the  sum 
of  six  hundred  dollars  for  any  one  of  the  road  commissioners. 

It  is  intended  that   the  same  shall   apply  immediately  to   the   present 
incumbents. 
31 


§  4263  POLITICAL   CODE.  482 

16.  Reporter.  The  official  reporter  of  the  superior  court,  such  fees  as 
are  now  or  may  hereafter  be  allowed  by  law. 

17.  Juror  fees.  .Turor  fees  shall  be  as  follows:  For  attending  as  a 
grand  juror,  or  a  trial  juror  in  the  superior  court,  for  each  day's  attend- 
ance, three  dollars  per  day;  for  each  mile  he  travels  in  attending  court  as 
such  juror,  fifteen  cents  per  mile  in  going  only. 

18.  Public  defender.  If  at  any  time  there  shall  be  created  and  estab- 
lished in  this  state  a  county  office  designated  the  office  of  county  public 
defender,  then,  and  in  that  case,  the  salary  to  be  allowed  such  officer  in 
counties  of  this  class  shall  be  one  thousand  two  hundred  dollars  per 
annum. 

19.  Idem.  The  2>rovisions  of  subilivision  eighteen  of  this  section  shall 
have  no  force  or  effect  unless  the  office  therein  anticipated  is  created  by 
constitutional  or  legislative  enactment. 

20.  Monthly  salaries.  The  salaries  of  all  county  and  township  officers 
and  their  deputies  sliall  be  payable  in  equal  monthly  installments  from 
the  salary  fund  of  the  county  on  the  first  day  of  each  month.  [Amend- 
ment approved  May  28,  1917;  Stats.  1917,  p.  989.] 

§  J:263.  Counties  of  thirty-fourth  class,  salaries  of  officers.  In  counties 
of  the  thirty-fourth  class  the  county  officers  shall  receive,  as  compensa- 
tion for  tiie  services  required  of  them  by  law,  or  by  virtue  of  their  offices, 
the  following  salaries,  to  wit: 

1.  County  clerk.  The  county  clerk,  three  thousand  dollars  per  annum, 
and  when  a  great  register  of  voters  is  required  by  law  to  be  made,  he 
shall  receive  six  hundred  fifty  dollars  additional,  which  shall  be  in  full 
for  all  services  rendered  in  registering  voters  and  making  the  great 
register;  provided,  that  in  any  year  when  a  primary  election  is  held,  he 
shall  receive  the  sum  of  five  hundred  dollars  additional,  which  shall  be 
in  full  for  all  services  rendered  at  said  primary  election. 

2.  Sheriti.  The  sheriff,  six  thousand  dollars  per  annum.  The  sheriff 
shall  also  receive  for  his  own  use,  for  serving  all  papers  issued  from  jus- 
tices' courts,  the  same  fees  as  are  now  or  may  be  hereafter  allowed  by 
law  to  constables  for  like  services. 

3.  Eecorder.  Tlie  recorder,  tliree  tliousand  two  hundred  dollars  per 
annum. 

4.  Auditor.      Tlie  auditor,  eight  huudrcil  iloHars  jier  annum. 

0.  Treasurer.  The  treasurer,  two  thousand  five  hundred  dollars  per 
annum. 

<].  Tax  collector.  The  tax  collector,  six  hundred  fifty  dollars  per 
annum. 

7.  Assessor.  The  assessor,  five  thousand  five  hundred  dollars  per 
aniiiiiii. 

5.  District  attorney.  The  district  attorney,  two  thousand  five  hundred 
dollars  per  aiiiiinii;  and  the  district  attorney  may  appoint  one  deputy, 
at  a'salarv  nf  six  liniMlrcil  (lidlais  per  ;iiiiiinn.  The  dei>uty  district  attor- 
nr-y  sliall  hold  oHicc  at   tlie  picasiirr  of  tlif  district   attorney.     The  salary 


483  POLITICAL   CODE.  §  4263 

of  siuh  (leimty  sliall  be  paid  monthly  and  in  the  same  manner  as  salaries 
of  ("ounty  ofiieers  are  now  [.aid. 

n.  Coroner.  The  coroner,  such  fees  as  are  or  may  he  hereafter  allowed 
by  law. 

II).  Public  administrator.  Tlie  imblic  administralor,  four  hundred  dol- 
lars jier  annum. 

11.  Superintendent  of  schools.  The  suijerintendent  of  scdiools,  two 
tiiousand  dollars  |ier  annum;  and  he  shall  receive  and  letain  for  his  own 
use  the  sum  of  five  dollars  per  diem  for  each  and  every  day  he  attends 
the  meetings  of  the  county  board  of  education,  and  shall  also  be  allowed 
his  actual  ami  necessary  traveling  expenses  in  visiting  the  schools  of  the 
county. 

1-.  Surveyor.  Tlie  surveyor,  such  fees  as  are  now  or  may  be  hereafter 
allowed  b^'  law. 

13.  Supervisors.  Each  member  of  the  board  of  supervisors  shall  re- 
ceive for  his  services  the  sum  of  nine  hundred  dollars  per  annum,  and 
the  actual  expenses  incurred  in  attendance  and  for  traveling  to  and  from 
his  residence  to  the  county  seat  at  any  regular  or  special  session  of  the 
board,  and  that  one-twelfth  of  the  annual  salary  shall  be  paid  at  the 
close  of  each  monthly  session  of  the  board;  and  provided,  further,  they 
shall  be  reimbursed  for  necessary  expenses  actually  incurred  by  attend- 
ing any  special  session  of  the  board.  The  road  commissioner  shall  be 
reimbursed  for  all  traveling,  personal  and  other  necessary  expenses  in- 
curred while  actually  engaged  in  the  performance  of  his  duty  upon  the 
roads;  such  allowance  not  to  exceed  the  sum  of  five  dollars  for  each  day 
so  actually  engaged,  and  the  total  amount  of  such  allowance  not  to  ex- 
ceed the  sum  of  three  hundred  dollars  per  annum. 

14.  Justices  of  the  peace.  From  and  after  January  4,  1919,  justices  of 
the  peace  of  townships  containing  three  thousand  inhabitants  of  more 
shall  be  allowed  a  salary  of  one  thousand  two  hundred  dollars  per  annum. 
Justices  of  the  peace  in  townships  containing  one  thousand  and  not 
more  than  three  thousand  inhabitants  shall  be  allowed  a  salary  of  six 
hundred  dollars  per  annum,  and  justices  of  the  peace  in  townships  con- 
taining not  to  exceed  one  thousand  inhabitants  shall  be  allowed  a  salary 
of  sixty  dollars  per  annum,  payable  monthly  and  in  the  same  manner  as 
salaries  of  county  officers  are  paid,  and  shall  be  in  full  for  all  services- 
provided,  further,  that  justices  of  the  peace  shall,  before  receiving  their 
monthly  salary  file  with  the  auditor  a  statement  of  all  fees  and  fines 
received,  together  w^ith  the  treasurer's  receipt  for  the  same.  All  fees 
and  fines  collected  by  justices  of  the  peace  shall  be  turned  over  to  the 
county  treasurer  of  said  county;  provided,  that  all  fines  collected  for 
city  offenses  shall  be  turned  over  to  the  city  treasurer  of  the  city  where 
the  offense  shall  have  been  committed. 

15.  Constables.  Constables,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law;  provided,  that  constables  of  townships  containing  two 
thousand  inhabitants  or  more  shall  be  allowed  a  salary  of  four  hundre<l 
eighty  dollars  per  annum,  payable  monthly  and  in  the  same  manner  as 
county  officers  are  paid  and  shall  be  in  full  for  all  services  rendered  by 
them  in  criminal  cases;  provided,  further,  that  they  shall  be  allowed  all 


§  4264  POLITICAL   CODE.  484 

necessary  expenses  actually  incurred  in  arresting  and  conveying  prisoners 
to  the  county  jail,  which  said  expense  shall  be  audited  and  allowed  by 
the  board  of  supervisors  and  paid  out  of  the  county  treasury,  in  addition 
to  the  monthly  salaries  herein  allowed,  each  constable  may  receive  and 
retain  for  his  own  use  such  fees  as  are  now  or  may  be  hereafter  allowed 
by  law,  for  all  services  rendered  by  him  in  civil  actions.  For  the  pur- 
pose of  regulating  salaries  of  justices  and  constables,  townships  in  this 
class  of  counties  are  hereby  classified  according  to  their  population  as 
shown  by  the  federal  census  of  nineteen  hundred  ten. 

16.  Reporter.  In  the  counties  of  this  class  the  official  reporter  of  the 
superior  court  shall  receive  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law,  and  when  necessary  for  such  reporter  to  travel  away 
from  the  county  seat  in  the  performance  of  his  duty  he  shall  receive  his 
actual  and  necessary  traveling  and  personal  expenses,  to  be  allowed  and 
paid  by  the  board  of  supervisors  as  are  other  county  charges.  [Amend- 
ment approved  May  28,  1917;   Stats.   1917,  p.   1242.]' 

§  4264.     Counties  of  thirty-fifth  class,  salaries  of  oflicers.     In  counties 

of  the  thirty-fifth  class  the  county  officers  shall  receive,  as  compensation 
for  the  services  required  of  them  by  law  or  hy  virtue  of  their  offices,  the 
following  salaries,  to  wit: 

1.  County  clerk.  The  county  clerk,  three  thousand  six  hundred  dollars 
per  annum,  and  when  a  new  great  register  of  voters  is  required  by  law 
to  be  made,  he  shall  receive  five  hundred  dollars  additional,  which  shall 
be  in  full  for  all  services  required  in  registering  voters  and  making  the 
great  register. 

2.  Sheriff.     The  sheriff,  four  thousand  five  hundred  dollars  per  annum. 

3.  Recorder.  The  recorder,  three  thousand  four  hundred  dollars  per 
annum. 

4.  Auditor.     The  auditor,  two  thousand  dollars  jier  annum. 

5.  Treasurer.     The  treasurer,  two  thousand  dollars  per  annum. 

().  Tax  collector.  The  tax  collector,  one  thousaml  eight  hundred  dol- 
lars per  annum. 

7.  Assessor.  The  assessor,  three  thousand  five  hundred  dollars  per 
annum,  aud  his  actual  necessary  traveling  expenses,  when  engaged  in 
assessing  the  property  of  his  county;  provided,  such  traveling  expenses 
shall  not,  in  any  one  year,  exceed  the  sum  of  three  hundred  dollars. 

8.  District  attorney.  The  distiirt  attorney,  two  thousand  three  hun- 
dred dollars  per  annum. 

9.  Coroner.  Tlie  coronci-,  such  fees  as  are  now  or  may  be  hereafter 
allowed  hy  law. 

10.  Public  administrator.  The  jjublic  administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed  liy  law. 

11.  Superintendent  of  schools.  The  superinlendent  of  schools,  one 
thou.sand  ci^lit  liiMidrcd  doll.'irs  per  annum,  and  actual  traveling  expenses 
when  vJKiling  the  scliools  of  his  county.  ' 


485  POLITICAL   CODE,  §  4265 

12.  Surveyor.  The  county  surveyor,  one  tliousaiid  five  luindred  dollars 
per  annum,  he  to  furnish  all  necessary  instruments;  but  transportation 
charges  for  field  work  shall  be  allowed  him.  He  shall  not  be  required  to 
perform  county  work  more  than  two-thirds  of  the  working  days  in  any 
month,  except  on  payment  of  fees  now  allowed  by  law. 

18.  Justices  of  the  peace.  Justices  of  the  peace,  the  following  salaries 
to  be  paid  each  month  as  county  officers  are  paid,  which  shall  be  in  full 
for  all  services  rendered  by  them  as  such  justices  of  the  peace:  In  town- 
ships having  a  population  of  five  thousand  and  more,  one  hundred  dol- 
lars; in  townships  having  a  jjopulation  of  two  thousand  five  hundred  and 
less  than  five  thousand,  sixty-five  dollars;  in  townships  having  a  popula- 
tion of  fifteen  hundred  and  less  than  two  thousand  five  hundred,  forty 
dollars;  in  townships  having  a  population  of  one  thousand  and  less  than 
one  thousand  five  hundred,  twenty-five  dollars;  in  townships  having  a 
population  of  less  than  one  thousand,  ten  dollars.  Each  justice  must  pay 
into  the  county  treasury,  once  a  month,  all  fees  and  all  fines  collected  by 
him.  In  all  townships  having  a  population  of  less  than  five  thousand, 
if  there  be  more  than  one  justice,  the  compensation  or  salary  allowed 
herein  shall  be  equally  divided  between  them  so  that  the  sum  total  of 
their  compensation  shall  not  exceed  the  salary  allowed  herein  for  a  single 
justice  in  such  township. 

14.  Constables.  Constables  the  following  salaries,  which  shall  be  paid 
monthly  as  salaries  of  county  officers  are  paid,  and  shall  be  in  full  for 
all  services  rendered  by  them  in  criminal  cases,  to  wit:  In  townships 
having  a  population  of  two  thousand  five  hundred  or  more,  seventy  dol- 
lars; in  townships  having  a  population  of  one  thousand  five  hundred  and 
less  than  tw'o  thousand  five  hundred,  forty-five  dollars;  in  townships  hav- 
ing a  population  of  one  thousand  and  less  than  one  thousand  five  hun- 
dred, thirty  dollars;  in  townships  having  a  population  of  less  than  one 
thousand,  fifteen  dollars.  In  addition  to  the  monthly  salary  allowed 
herein,  each  constable  may  receive  and  retain  for  his  own  use,  such  fees 
as  are  now  or  may  hereafter  be  allowed  by  law  for  all  the  services  per- 
formed by  him  in  civil  actions.  In  all  townships  having  a  population 
of  less  than  .two  thousand  five  hundred,  if  there  be  more  than  one  con- 
stable, the  compensation  herein  allowed  shall  be  equally  divided  between 
them,  so  that  the  sum  total  of  their  monthly  compensation  shall  not 
exceed  the  salary  allowed  herein  for  a  single  constable  in  each  township. 
The  board  of  supervisors  shall  during  each  and  every  year,  ascertain 
and  determine  the  population  of  the  several  townshi2:)s  of  the  county  for 
the  purpose  of  ascertaining  the  compensation  of  township  officers  reg- 
ulated by  this  section,  in  proportion  to  their  duties. 

15.  Supervisors.  Each  supervisor,  one  thousand  two  hundred  dollars 
per  annum  for  all  services  performed  by  him  as  supervisor,  member  of 
the  board  of  equalization  and  road  commissioner.  [Amendment  approved 
May  28,  1917;  Stats.  1917,  p.  1020.] 

§  4265,  Counties  of  thirty-sixth,  class,  salaries  of  officers.  In  counties 
of  the  thirty-sixth  class  the  county  officers  shall  receive  compensation 
for  the  services  required  of  them  by  law,  or  by  virtue  of  their  office,  the 
following  salaries,  to  wit: 


§  4265  poLiTic.vL  CODE.  486 

1.  County  clerk.  County  clerk,  two  thousand  four  hundred  dollars  per 
annum;  provided,  that  in  counties  of  this  class,  there  shall  be  and  there 
hereby  is  allowed  to  the  county  clerk  one  chief  deputy  who  shall  receive 
a  salary  of  one  thousand  five  hundred  dollars  per  annum,  two  deputies 
who  shall  each  receive  a  salary  of  one  thousand  dollars  per  annum,  and 
in  each  year  in  w^hich  a  new  and  complete  registration  of  voters  is  re- 
quired by  law,  he  shall  appoint  as  many  deputy  registration  clerks  as 
may  be  necessary  for  the  convenient  registration  of  the  voters  of  the 
county,  which  deputy  registration  clerks  shall  receive  as  compensation 
for  their  services  a  sum  of  ten  cents  per  name  for  each  and  every  voter 
registered  by  them,  and  also  one  additional  deputy  to  compile  the  great 
register  and  for  mailing  sample  ballote,  at  a  compensation  not  to  exceed 
two  hundred  fifty  dollars  for  each  such  registration  year. 

2.  Sheriff.  Sheriff,  three  thousand  dollars  per  annum;  provided,  that 
in  counties  of  this  class  there  shall  be  and  hereby  is  allowed  to  the  sher- 
iff, one  undersheriff,  whose  salary  is  hereby  fixed  in  the  sum  of  one  thou- 
sand eight  hundred  dollars  per  annum;  one  deputy  who  shall  be  jailer 
and  who  shall  receive  a  salary  of  one  thousand  two  hundred  dollars  per 
annum;  one  deputy  who  shall  be  court  bailiff  and  who  shall  receive  a 
salary  of  one  thousand  tw^o  hundred  dollars  per  annum;  one  deputy  who 
shall  also  be  a  chauffeur  and  who  shall  receive  a  salary  of  one  thousand 
tw'O  hundred  dollars  per  annum;  and  two  other  deputies  who  shall  receive 
a  salary  of  one  thousand  two  hundred  dollars  per  year  each. 

3.  Recorder.  Eecorder,  two  thousand  four  hundred  dollars  per  annum; 
provided,  that  in  counties  of  this  class  there  shall  be,  and  is  hereby 
allowed  the  recorder  one  deputy  at  a  salary  of  one  thousand  five  hundred 
dollars  per  annum,  and  two  dejiuties  for  twelve  months  in  each  year  at 
one  hundred  dollars  each  per  month,  and  as  many  copyists  as  may  be 
required  who  shall  receive  as  compensation  the  sum  of  five  cents  per  folio 
for  recording,  copying  and  comparing  any  instrument  or  notice,  except 
maps  or  plats,  and  for  copies  of  any  record  or  paper,  five  cents  per  folio. 
The  salaries  of  all  copyists  herein  provided  for  shall  be  paid  by  the 
county  in  monthly  installments  at  the  same  time,  and  in  the  same  man- 
ner, and  out  of  tlie  same  fund  that  the  salary  of  the  count}^  recorder  is 
paiil. 

4.  Auditor.  Auditor,  two  thousand  four  hundred  dollars  per  annum; 
jirovideil,  that  there  is  hereby  allowed  to  the  auditor  one  deputy  who  shall 
receive  a  salary  of  one  thousand  five  hundred  dollars  jior  annum,  one 
deputy  at  one  thousand  eighty  ddlLiis  jut  nuniiiii,  and  due  additional 
deputy  for  not  more  tluni  two  nidiitlis  in  each  year  who  shall  receive 
ninety  dollars   \>ov   inoiilli. 

').   Treasurer.     Treasurer,  two  t  IkjiisiuhI  foni'  hiimlrcil  dollars  per  annum. 

fi.  Tax  collector.  Tax  collector,  two  thousninl  tour  hundred  dollars 
per  arinuiii;  one  chief  dejiuty  t'oi'  ten  niontlis  ot'  e;ic1i  year  who  shall 
rcjceive  a  salai'\'  of  one  Imndr-ed  twenty-five  (hdjiirs  pei'  niontli  and  tliriM^ 
deputies  for  fo\ir  niontlis  of  e.-icli  year  wlio  sliall  recei\i'  salai'ies  of 
ninot.v  dolljirs   per  niontli   eacii. 

7.  Assessor.  AsK('asf)r,  two  lliousand  four  hundied  dollars  per  annum; 
one  chief  depiilv   for  ten    niontlis   in   each  year   who  shall   receive  a  salary 


487  POLITICAL   CODE.  §  4265 

of  oue  liuuilroil  fifty  dollars  per  month;  one  steiiogiapher  and  roll  writer 
for  eight  mouths  in  each  year  who  shall  receive  a  salary  of  one  hundred 
twelve  and  fifty  hundredths  dollars  per  month;  one  deputy  for  writing 
plat-books  four  months  in  each  year,  who  shall  receive  a  salary  of  one 
hundred  twenty-five  dollars  per  month;  three  deputies  for  four  months  in 
each  year  who  shall  receive  a  salary  of  one  hundred  dollars  per  month; 
five  field  deputies  for  three  months  in  each  year,  who  shall  receive  a 
salary  of  one  hundred  fifty  dollars  each,  per  month;  and  one  field  deputy 
for  three  months  in  each  year  who  shall  receive  a  salary  of  one  hundred 
seventy-five  dollars  per  month;  and  two  field  deputies  for  three  months 
in  each  year,  who  shall  each  receive  a  salary  of  one  hundred  twenty- 
five  dollars  per  month;  all  of  said  field  deputies  shall  pay  their  own 
expenses.  It  is  hereby  provided  that  in  counties  of  this  class  the  asses- 
sor shall  receive  no  fees  or  compensation  for  his  collection  of  taxes  on 
personal  property  or  possessory  interests. 

8.  District  attorney.  District  attorney,  three  thousand  dollars  per 
annum;  one  deputy  who  shall  receive  a  salary  of  one  thousand  eight 
hundred  dollars  per  annum;  one  stenographer  who  shall  receive  a  salary 
of  one  thousand  two  hundred  dollars  per  annum.  It  shall  be  the  duty 
of  this  stenographer  to  report  and  transcribe,  without  any  additional 
charge,  all  preliminary  hearings  required  of  him  by  the  district  attorney. 

9.  Coroner.  Coroner,  such  fees  as  are  now,  or  may  be  hereafter, 
allowed  by  law. 

10.  Public  administrator.  Public  administrator,  such  fees  as  are  now, 
or  may  be  hereafter  allowed  by  law. 

11.  Superintendent  of  schools.  Superintendent  of  schools,  two  thou- 
sand four  hundred  dollars  per  annum;  and  one  deputy  who  shall  receive 
a  salary  of  one  thousand  two  hundred  dollars  per  annum;  provided,  that 
in  counties  of  this  class  the  superintendent  of  schools  shall  receive  no 
compensation  for  services  as  a  member  of  the  county  board  of  education 
or  as  ex-officio  secretary  thereof. 

12.  Surveyor.  Surveyor,  one  thousand  five  hundred  dollars  per  annum; 
which  shall  be  in  full  for  all  services  required  of  him  by  the  superior 
court  or  board  of  supervisors,  or  assessor.  It  shall  be  his  duty  on  demand 
of  the  assessor,  to  prepare  any  and  all  maps,  plats  or  block-books  for  the 
use  of  the  county  assessor. 

13.  Justices  of  the  peace.  Justices  of  the  peace  shall  receive  the  fol- 
lowing monthly  salaries  to  be  paid  each  month  in  the  same  manner  and 
out  of  the  same  fund  as  county  officers  are  paid,  which  shall  be  in  full 
for  all  services  rendered  by  them;  in  townships  having  a  population  of 
more  than  five  thousand,  one  hundred  dollars  per  month;  in  townships 
having  a  population  of  less  than  five  thousand  and  more  than  two  thou- 
sand, seventy-five  dollars  per  month:  in  townships  having  a  population 
of  less  than  two  thousand,  twenty  dollars  per  month.  It  is  hereby  found 
as  a  fact  that  the  salaries  provided  for  in  this  subdivision  do  not  work 
an  increase  in  compensation,  and  the  same  shall  apply  immediately  to 
incumbents. 

14.  Constables.  Constables  shall  receive  the  following  monthly  sal- 
aries to  bo  paid  each  month  in   the  same   manner  and  out  of  the  same 


§  4266  POLITICAL    CODE.  488 

funil  as  county  officers  are  paid,  which  shall  be  in  full  for  all  services 
rendered  by  them:  in  townships  having  a  population  of  more  than  two 
thousand,  seventy-five  dollars  per  month;  in  townships  having  a  popula- 
tion of  less  than  two  thousand,  twenty  dollars  per  month.  Constables 
shall  cooperate  at  all  times  with  the  sheriff,  and  shall  perform  any  and 
all  duties  that  he  may  require  of  them.  It  is  hereby  found  as  a  fact, 
that  the  salaries  provided  for  in  this  subdivision  do  not  work  an  in- 
crease in  compensation,  an  1  the  same  shall  ajiijly  iinmediateiy  to  incum- 
bents. 

I.J.  Population  of  townships.  For  the  jiurpose  of  subdivisions  thirteen 
and  fourteen  of  this  section,  the  population  of  the  several  judicial  town- 
ships shall  be  ascertained  by  the  board  of  supervisors  by  multiplying 
by  four  the  vote  cast  for  governor  in  each  township  at  the  general  elec- 
tion next  preceding. 

1(1  Supervisors.  Each  supervisor,  one  thousand  two  hundred  dollars 
per  annum,  whirh  shall  be  in  full  for  all  services  as  supervisor  and  road 
commissioner  for  each  year. 

17.  Horticultural  commissioner.  Horticultural  commissioner,  one  thou- 
sand five  hundred  dollars  per  annum;  provided,  in  counties  of  this  class, 
said  horticultural  commissioner  may  appoint  as  many  inspectors  as  may 
be  necessary  for  the  performance  of  his  duties,-  who  shall  be  paid  three 
dollars  and  fifty  cents  for  each  day  of  eight  hours  actually  engaged  in.. 
the  performance  of  their  duties. 

IS.  Physician.     County   physician,   seventy-five   dollars  per  month. 

19.  Health  officer.  County  health  officer,  seventy-five  dollars  per 
month;  provided,  that  in  counties  of  this  class  there  shall  be  and  hereby 
is  allowed  the  health  officer,  two  deputies,  each  of  whose  salaries  shall 
be  one  hundred  fifty  dollars  ])er  month,  said  deputies  to  pay  all  their 
own  expenses. 

20.  Live  stock  inspector.  Live  stock  inspector,  who  shall  be  ex  officio 
county  veterinarian,  one  thousand  eight  hundred  dollars  per  annum;  pro- 
vided, that  in  counties  of  this  class  the  live  stock  inspector  shall  devote 
his  entire  time  to  the  performance  of  the  duties  of  the  office;  provided, 
further,  that  in  counties  of  this  class  the  live  stock  inspector  shall  be  and 
hereby  is  allowed  three  defmties  who  shall  each  receive  as  salaries  six 
hiiiidrrd    dollais   per  aniniiii. 

1^1.  Probation  officer.  I'robatidii  cdlicer,  one  tljousaiid  two  hundred 
dollais  per  annum. 

'12.  Jurors,  ill  counties  of  this  class,  grand  jurors  and  trial  jurors  in 
crimina]  cases  shall  icceive  as  conipensation  for  each  day's  attendance 
on  the  griiTid  jury,  the  supcridi  cnurl  <ir  justice  court,  the  sum  of  three 
dollars  per  'lay,  and  for  i  .n  h  mile  actually  and  necessarily  traveled  from 
their  residence  in  altcndi'ig  court  nv  grand  jury,  in  coming  only,  the 
sum  of  fifteen  cents  iter  mile;  snch  mileage  to  be  allowed  but  once  during 
each  session  said  juror;;  are  retjuired  to  attend.  |  .\  incndnicnt  apjiroved 
.April    16,   H)17;   Stats.    1SI17.  p.    122.  | 

§4266.  Counties  of  thirty-seventh  class,  salaries  of  officers.  In  coun- 
ties of   flic   Ihirtyscventh   class   the   county  oflicers  shall  receive  as  com- 


489  POLITICAL   CODE.  §  4266 

pensatioii  for  the  services  r(M|iureil  of  theiu  hv  law  ov  \>y   virtue  of  their 
offiee  tlie  following  salaries,  to   wit: 

1.  County  clerk.  The  county  c-Ierlv,  two  thousand  three  hundred  dol- 
lars per  annum;  in  counties  of  this  class  the  county  clerk  may  appoint 
a  deputy,  which  ofKce  of  deputy  county  clerk  is  hereby  created,  and  said 
deputy  shall  receive  as  compensation  for  his  services  the  sum  of  one 
thousand  two  hundred  dollars  ]ier  annum,  to  be  paid  out  of  the  county 
treasury  in  equal  monthly  installments  in  the  same  manner  and  at  the 
same  time  other  county  officials  are  paid. 

2.  Sheriff.  The  sheriff,  four  thousand  eight  hundred  dollars  per  annum, 
and  all  mileage  now  allowed  by  law. 

3.  Recorder.  The  recorder,  two  thousand  two  hundred  dollars  j)er 
annum;  provided,  that  in  counties  of  this  class,  the  recorder  shall  be 
allowed  to  appoint  two  deputies,  one  of  which  shall  be  allowed  a  salary 
of  nine  hundred  dollars  per  annum  and  one  a  salary  of  six  hundred  dol- 
lars per  annum,  and  the  offices  of  said  deputy  recorders  are  hereby 
created. 

4.  Auditor.  The  auditor,  two  thousand  four  hundred  dollars  per 
annum. 

5.  Treasurer.  The  treasurer,  two  thousanil  .  five  hundred  dollars  per 
annum. 

6.  Tax  collector.  The  tax  collector,  two  thousand  four  hundred  dollars 
per  annum,  and  such  fees  and  commissions  as  are  now  or  may  hereafter 
be  allowed  by  law;  and  shall  be  allowed  one  or  more  deputies,  to  be 
appointed  by  said  tax  collector,  which  offices  are  hereby  created;  pro- 
vided, that  the  compensation  of  said  deputy  or  deputies  shall  not  exceed 
in  the  aggregate  the  sum  of  nine  hundred  seventy-five  dollars  in  any 
one  year.  The  salaries  of  the  deputies  herein  provided  for  shall  be  paid 
by  the  county,  at  the  same  time  and  out  of  the  same  fund  as  the  salary 
of  the  tax  collector  is  paid. 

7.  Assessor.  The  assessor,  three  thousand  six  hundred  dollars  per 
annum;  provided,  that  the  assessor  shall  be  entitled  to  receive  and  retain 
for  his  own  use  four  per  cent  only  on  personal  property  tax  collected 
by  him  as  authorized  by  section  three  thousand  eight  hundred  twenty 
of  the  Political  Code;  and  provided  further,  that  the  assesor  shall  be 
allowed  to  appoint  two  deputies,  one  of  which  shall  be  allowed  a  salary 
of  one  hundred  fifty  dollars  per  month;  provided,  said  deputy  shall  not 
be  employed  for  more  than  five  months  during  any  one  year,  and  one 
deputy  at  a -salary  c-f  one  hundred  dollars  per  month;  provided,  said 
deputy  shall  not  be  employed  for  more  than  four  months  during  any  one 
year.  The  salaries  of  all  deputies  herein  provided  shall  be  paid  by  the 
said  county  in  equal  monthly  installments  at  the  same  time  and  in  the 
same  manner  as  county  officers  are  paid.  The  assessor  shall  also  be 
allowed  for  himself  and  deputies  the  sum  of  three  hundred  dollars  per 
annum  and  no  more,  for  traveling  expenses  wliile  on  ofiicial  busines^  con- 
nected with  the  duties  of  his  office  within  his  county.  All  claims  for 
traveling  expenses  incurred  by  the  assessor  or  his  deputies  while  in  the 
]ierformance  of  their  official  duties  within  the  county  shall  be  paid  out 
of  the  general  fund  of  said  county  on  duly  verified  claims  filed  with  the 


§  4266  POLITICAL    CODE.  490 

board  of  t^uiiervibors  at  the  same  time  and  in  tlie  same  manner  as  other 
county  claims. 

S.  District  attorney.  The  district  attorney,  two  thousand  four  hun- 
dred dollars  per  annum,  and  there  is  hereby  created  a  new  office  to  be 
known  as  stenographer  to  the  district  attorney,  who  shall  receive  a  sal- 
arj'  of  six  hundred  dollars  per  annum,  payable  monthly  at  the  same  time 
and  in  the  same  manner  as  the  salaries  of  the  county  officials  are  paid. 

9.  Coroner.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

10.  Public  administrator.  The  public  administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law. 

11.  Superintendent  of  schools.  The  superintendent  of  schools,  two 
thousand  dollars  per  annum  and  actual  traveling  expenses,  when  visiting 
the  schools  of  his  county.  The  superintendent  shall  be  allowed  one 
deput}^,  which  said  deputy  shall  be  allowed  a  salary  of  fifty  dollars  per 
month,  to  be  paid  at  the  same  time  and  in  the  same  manner  as  other 
county  officials. 

12.  Surveyor.  The  surveyor,  one  thousand  five  hundred  dollars  per 
annum,  which  shall  be  in  full  for  all  services  required  of  him  by  the 
superior  court  or  the  board  of  supervisors;  provided,  that  he  shall  be 
entitled  to  receive  from  the  county  his  actual  expenses  incurred  in  the 
performance  of  any  order  of  the  court  or  the  board  of  supervisors;  pro- 
vided, further,  that  whenever  the  surveyor  is  directed  by  the  board  of 
supervisors  to  plat,  trace  or  otherwise  prepare  maps,  plats  or  block-books 
for  the  use  of  the  county  assessor,  or  tax  collector,  he  shall  be  allowed 
only  the  actual  cost  of  preparing  same. 

13.  Justices  of  the  peace.  Justices  of  the  peace  shall  receive  the  fol- 
lowing monthly  salaries  to  be  paid  each  month  and  in  the  same  manner 
and  out  of  the  same  funds  as  the  county  officers  are  paid,  which  shall  be 
in  full  for  all  services  rendered  by  them  in  criminal  cases;  in  townships 
having  population  of  more  than  four  thousand,  fifty  dollars  per  month; 
in  townships  having  population  less  than  four  thousand  and  more  than 
one  thousand  two  hundred,  forty  dollars  per  month;  in  townships  having 
population  of  less  than  one  thousand  two  hundred  and  more  than  eight 
hundred,  thirty  dollars  per  month;  in  townships  having  population  of 
less  than  eight  hundred,  twenty  dollars  per  month;  and  in  civil  cases 
such  fees  as  are  or  may  be  hereafter  allowed  by  law. 

14.  Constables.  Constables  shall  receive  the  following  monthly  sal- 
aries to  be  paid  each  month  and  in  same  manner  and  out  of  the  same 
funds  as  the  county  officers  are  paid,  which  shall  be  in  full  for  all  ser- 
vices rendered  ))y  them  in  criminal  cases;  in  townships  having  a  popula- 
tion of  more  tlian  four  thousand,  fifty  dollars  per  month;  in  townships 
having  population  of  less  than  four  thousand  and  more  than  one  thou- 
sand two  hundred,  forty  dollars  per  month;  in  townships  having  a 
population  of  less  than  ono  thousand  two  hundred  and  more  than  eight 
hundred  tliirtv  dolhirs  |iit  inoiilli;  in  townships  having  a  population  of 
less  than  eight  hundred,  twenty  dollars  |ior  month;  and  in  all  civil  cases 
such  fees  as  are  now  or  may  ',ie  licreafter  allowed  by  law.  Constables 
Bhall  aNo  l)f  allowed  liy  liio  l.oard  of  supervisors  in  criminal  cases  only, 


^91  POLITICAL   CODE.  §  4267 

necessary  traveling  expenses,  and  necessary  expense  of  conveying  crim- 
inals and  persons  cliarged  with  crime. 

J.l  Supervisors.  Each  supervisor,  one  thousand  two  hundred  dollars 
per  annum,  whicdi  shall  be  in  full  for  all  services  as  supervisors  and  road 
commissioners;  and  there  shall  be  allowed  to  each  supervisor  necessary 
traveling  expenses  when  strictly  on  county  business  without  the  county. 

10.  Population  of  townships.  For  the  purjjose  of  subdivisions  thirteen 
and  fourteen  of  this  section,  the  population  of  the  several  judicial  town- 
ships shall  be  ascertained  by  the  board  of  supervisors  by  multiplying 
by  five  the  registered  vote  in  each  township  on  the  first  dav  of  June, 
1913. 

17.  Fees  of  jurors.  The  fees  of  grand  jurors  and  trial  jurors  in  the 
superior  court  of  said  counties  of  the  thirty-seventh  class,  shall  be  three 
dollars  per  day  for  each  day's  attendance  and  mileage,  to  be  computed 
at  the  rate  of  fifteen  cents  per  mile  for  each  mile  necessarily  traveled  in 
attending  court,  in  going  only.  In  criminal  cases  such  fees  and  mileage 
of  said  trial  jurors  in  the  superior  court  shall  be  paid  by  the  treasurer 
of  the  county  out  of  the  general  fund  of  said  county  upon  warrants 
drawn  by  the  county  auditor  on  the  written  order  of  the  judge  of  the 
court  in  which  the  juror  was  in  attendance,  and  the  treasurer  of  said 
county  shall  pay  such  warrants. 

18.  Salaries  monthly.  All  salaries  provided  for,  in  this  article  shall  be 
paid  out  of  the  treasury  of  the  county,  in  monthly  installments. 

The  act  amending  §  ^266  of  the  Political  Code  also  contained  the  fol- 
lowing provision: 

§2.  In  effect,  when.  As  to  subdivisions  one,  three,  six,  and  seven, 
this  act  shall  take  effect  ninety  days  after  the  adjournment  of  the  legis- 
lature; as  to  all  other  subdivisions  thereof  it  shall  not  take  effect  until 
the  expiration  of  the  present  terms  of  the  officers  hereinbefore  enumer- 
ated.     [Amendment  approved  May  28,  1917;  Stats.  1917.  p.  985.] 

§4267.  Counties  of  thirty-eighth  class,  salaries  of  officers.  In  coun- 
ties of  the  thirty-eighth  class  the  county  officers  shall  receive,  as  com- 
pensation for  the  services  required  of  them  by  law  or  by  virtue  of 
their  offices,   the   following   salaries,  to   wit: 

1.  County  clerk.  The  county  clerk,  three  thousand  dollars  per  annum 
and  the  said  county  clerk  may  appoint  one  deputy  county  clerk,  which 
said  office  of  deputy  county  clerk  is  hereby  created.  The  salary  of  such 
deputy  county  clerk  is  hereby  fixed  at  one  thousand  five  hundred  dollars 
per  annum,  such  salary  to  be  paid  at  the  same  time  and  in  the  same 
manner  as  the  salary  of  county  officers  is  paid. 

2.  Sheriff.  The  sheriff,  four  thousand  dollars  per  annum,  and  actual 
traveling  expenses  incurred  in  the  pursuit  or  arrest  of  (/viminals,  either 
in  or  out  of  his  county. 

3.  Recorder.  The  recorder,  one  thousand  five  hundred  dollars  per 
annum;  and  the  said  recorder  maj-  appoint  one  deputy  recorder,  which 
said  office  of  deputy  recorder  is  hereby  created.  The  salary  of  such 
deputy  recorder  is  hereby  fixed  at  one  thousand  two  hundred  dollars  per 
annum,  such  salary  to  be  paid  at  the  same  time  and  in  the  same  manner 
as  the  salary  of  county  officers  is  paid. 


§  4267  POLITICAL   CODE.  492 

4.  Auditor.     The   auditor,   one   thousand    dollars  per  annum. 

5.  Treasurer.  The  treasurer,  one  thousand  five  hundred  dollars  per 
annum;  and  the  said  treasurer  may  appoint  one  deputy  treasurer,  which 
said  otiiee  of  deputy  treasurer  is  hereby  created.  The  salary  of  such 
deputy  treasurer  is  hereby  fixed  at  six  hundred  dollars  per  annum,  such 
salary  to  be  paid  at  the  same  time  and  in  the  same  manner  as  the  salary 
of  county  officers  is  paid. 

6.  Tax  collector.  The  tax  collector,  one  thousand  dollars  per  annum, 
which  shall  be  in  full  for  all  services  as  tax  collector  and  as  license 
collector. 

7.  Assessor.  The  assessor,  two  thousand  five  hundred  dollars  per  an- 
num. The  said  assessor  may  appoint  one  office  deputy  assessor,  which 
said  office  of  deputy  assessor  is  hereby  created,  who  shall  serve  as  such 
only  during  five  months  of  each  calendar  year.  Said  office  deputy 
assessor  shall  receive  a  salary  of  one  hundred  dollars  per  month,  payable 
during  the  period  of  said  services,  at  the  same  time  and  in  the  same 
manner  as  the  salary  of  county  officers  is  paid.  The  said  assessor  may 
also  appoint  one  additional  deputy  assessor,  who  shall  be  designated  as 
a  "field  deputy  assessor,"  which  said  office  of  "field  deputy  assessor"  is 
hereby  created,  who  shall  serve  as  such  only  during  five  months  of  each 
calendar  year.  Said  "field  deputy  assessor"  shall  receive  a  salary  of 
one  hundred  dollars  per  month  payable  during  the  period  of  such 
service,  at  the  same  time  and  in  the  same  manner  as  the  salary  of 
county  officers  is  paid. 

8.  District  attorney.  The  district  attorney,  two  thousand  dollars  per 
annum.  Said  district  attorney  may  appoint  one  clerk  to  the  district 
attorney,  which  said  office  of  clerk  to  the  district  attorney  is  hereby 
created.  Said  clerk  to  the  district  attorney  shall  receive  a  salary  of  fifty 
dollars  per  month,  payable  at  the  same  time  and  in  the  same  manner 
as  the  salary  of  county  officers  is  paid. 

9.  Coroner.  The  coroner,  nine  hundred  dollars  per  annum,  and  his 
actual  traveling  and  other  expenses  while  performing  the  duties  of  his 
office. 

10.  Public  administrator.  The  public  administrator,  such  fees  as  are 
tio\v  or  may  be  hereafter  allowed  by  law. 

11.  Superintendent  of  schools.  The  superititendent  of  schools,  one 
thousand  eight  hundred  dollars  per  annum,  mid  actual  traveling  expenses 
when  visiting  the  schools  of  his  counly. 

12.  Surveyor.  The  surveyor,  07ie  thousand  two  hundred  dollars  per 
annum;  and  in  addition  thereto,  he  shall  rcreive  his  actual  traveling 
and  other  necessary  cxikmiscs  incurred  by  liim  while  engaged  in  work 
for  the  county. 

i:i.  Township  officers,  in  counties  of  this  class  the  township  officers 
shall   receive   the    following   ('oini)ensation,   to   wit: 

In  townships  liaving  a  population  of  three  thousand  or  more,  .justices 
of  tlie  peace  shall  receive  a  monthly  salary  of  one  imndred  dollars  per 
month;  constables  in  townships  of  this  ])opulation  shall  receive  a  salarj- 
of  sixty  dollars  per  month. 


493  POLITICAL   CODE.  §  4268 

lu  townships  having  a  population  of  one  thousand  five  hundred  and 
less  than  three  thousand,  the  justices  of  the  peace  and  constables  shall 
each  receive   a   monthly  salary  of  forty-five   dollars   per  month. 

In  townships  having  a  population  of  eight  hundi-ed  and  less  than  one 
thousand  five  hundred,  the  justices  of  the  peace  and  constables  shall 
each  receive   a  monthly   salary   of   thirty-five   dollars  per  month. 

In  townships  having  a  population  of  five  hundred  and  less  than  eight 
hundred,  the  justices  of  the  peace  and  constables  shall  each  receive  a 
monthly  salary  of  twenty  dollars  per  month. 

In  townships  having  a  population  of  less  than  five  hundred,  the  jus- 
tices of  the  peace  and  constables  shall  each  receive  a  monthly  salary 
of  ten  dollars  per  month. 

The  above  named  salaries  shall  bo  in  full  compensation  for  all  ser- 
vices of  said  justices  of  the  peace  and  constables  in  civil  and  criminal 
cases  J  provided,  that  in  addition  to  the  salary  herein  allowed,  each  con- 
stable shall  be  paid  out  of  the  treasury  of  the  county  for  traveling  ex- 
penses outside  of  his  township,  for  service  of  a  warrant  of  arrest  or 
any  other  paper  in  a  criminal  case,  such  fees  as  they  are  now  or  may 
be  hereafter  allowed  by  law^,  for  transporting  prisoners  to  the  county 
jail,  and  actual  expenses  of  such  transportation;  and  provided,  further, 
that  for  the  purpose  of  this  subdivision,  the  population  of  the  several 
townships  shall  be  ascertained  by  multiplying  the  number  of  registered 
voters   at   the   general   election   of   1914   by  three. 

14.  Supervisors.  Each  member  of  the  board  of  supervisors,  one  thou- 
sand two  hundred  dollars  per  annum,  and  mileage  when  acting  as  road 
commissioner,  twenty-five  cents  per  mile  one  way;  provided,  the  amount 
of  mileage  shall  not  exceed  the  sum  of  three  hundred  dollars  in  any 
one   year.      [Amendment   approved  May   28,   1917;   Stats.   1917,  p.   1110.] 

§  4268.  Counties  of  thirty-ninth  class,  salaries  of  officers.  In  counties 
of  the  thirty-ninth  class  the  county  officers  shall  receive  as  compensation 
for  the  services  required  of  them  by  law  or  by  virtue  of  their  office, 
the  following  salaries,  to  wit: 

1.  County  clerk.  The  county  clerk,  two  thousand  four  hundred  dol- 
lars per  annum,  and  during  each  year  in  which  a  general  election  is  held 
throughout  the  state  he  shall  in  addition  to  said  salary  receive  each 
mouth  for  the  months  of  August,  September,  October  and  November, 
one  hundred  dollars,  and  the  same  shall  be  so  paid  from  the  same  fund 
as  other  salaries  are  paid. 

2.  Sheriff.  The  sheriff,  four  thousand  dollars  per  annum,  and  the  fees, 
mileage  and  commissions  for  the  service  of  all  papers  issued  by  any 
court  of  the  state  outside  of  this  county.  Also  his  actual  traveling  ex- 
penses in  the  execution  of  a  warrant  outside  of  his  county  issued  by 
a  magistrate  or  court  of  his  county. 

3.  Recorder.  The  recorder,  one  thousand  eight  hundred  dollars  per 
annum;  provided,  that  said  recorder  shall  collect  and  pay  into  the  county 
treasury  for  the  use  and  benefit  of  the  county  all  fees  required  by  law 
to  be  collected  by  him;  and  pro  sided,  further,  that  in  counties  of  this 
class  the  recorder  shall  be  allowed  an  assistant,  who  shall  be  appointed 


§  4268  POLITICAL    CODE.  404 

by  the  recorder  and  who  shall  receive  a  salary  of  fifty  dollars  per  month, 
which  said  salary  shall  be  paid  by  said  county  at  the  time  and  in  the 
same  manner  and  out  of  the  same  fund  as  is  the  salary  of  the  recorder. 

4.  Auditor.  The  auditor,  one  thousand  five  luiudred  dollars  jier 
annum. 

5.  Treasurer.  The  treasurer,  one  thousand  eight  hundred  dollars  per 
annum. 

6.  Tax  collector.  The  tax  collector,  two  thousand  seven  hundred  fifty 
dollars  per  annum,  which  shall  be  in  full  for  all  services  as  tax  collector 
and  as  license  collector. 

7.  Assesssor.  The  assessor,  three  thousand  dollars  per  annum;  pro- 
vided, that  in  counties  of  this  class  there  shall  be  one  deputy  assessor, 
who  shall  be  appointed  by  the  assessor  of  said  county,  whose  salary 
is  hereby  fixed  at  the  sum  of  one  hundred  dollars  per  month;  which  said 
salary  shall  be  paid  by  said  county -at  the  time  and  in  the  same  man- 
ner and  out  of  the  same  i^ind  as  is  the  salary  of  the  assessor;  and  pro- 
vided, further,  that  in  counties  of  this  class  there  shall  be  one  deputy 
assessor,  who  shall  be  appointed  by  the  assessor  of  said  county  and  who 
shall  hold  oflfice  from  twelve  o'clock  meridian  of  the  first  Monday  of 
March  of  each  j^ear  up  to  twelve  o'clock  meridian  of  the  first  Monday 
of  July  of  each  year.  The  salary  of  said  last-mentioned  deputy  assessor 
herein  provided  for  is  hereby  fixed  at  the  sum  of  on'e  hundred  dollars 
per  month  during  which  months  he  shall  hold  office  as  herein  provided; 
which  said  salary  shall  be  paid  by  said  county  at  the  time  and  in  the 
same  manner  and  out  of  the  same  fund  as  is  the  salary  of  the  assessor. 

8.  District  attorney.  The  district  attorney,  one  thousand  eight  hun- 
dred dollars  per  annum;  provided,  that  in  counties  of  this  class  the 
district  attorney  may  appoint  a  stenographer  or  clerk  who  shall  receive 
a  salary  of  six  hundred  dollars  per  annum,  to  be  paid  in  equal  monthly 
installments  in  the  same  manner,  at  the  same  time  and  out  of  the  same 
fund  as  is  the  salary  of  the  district  attorney. 

9.  Coroner.     The    coroner,    nine    hundred    dollars    per    annum. 

10.  Public  administrator.  The  jniblic  administrator,  such  fees  as  arc 
now  or  may  bo  hcroafter  allowed  l)y  law. 

11.  Superintendent  of  schools.  The  suiicrintondout  of  schools,  one 
thousaiul  eight  hundred  dollars  per  annum,  and  actuiil  traveling  ex- 
penses while  visiting  the  schools  of  his  (■(luiily,  ho  to  dovoto  all  of  his 
time   to   the    duties   of   his   office. 

ll^.  Surveyor.  Tlio  siir\fyor,  suvh  fees  as  are  now  or  may  be  here- 
after allowed  by  law;  provided,  he  shall  be  given  all  work  for  the  county 
in  which  the  county  employs  a  surveyor  or  civil  engineer;  and  provided, 
further,  that  it  shall  be  the  duty  of  the  boanl  of  supervisors  of  counties 
of  this  class  to  so  employ  him. 

i;'..  Supervisors.  Supervisors,  each  liio  sum  of  ouo  thousand  dollars 
per  aninim  for  all  services  performed  by  thotii,  as  sujiorvisors,  and  mem- 
l)erH  of  the  Ijoard  of  etpialization  and  road  commissioners;  provided,  that 
each    sujiervisor   shall    receive    ton    cents   for   each   mile   traveled   by   the 


495  POLITICAL   CODE.  §  4268 

ordinary  route,  in  going  from  his  residence  to  tlie  eounty  seat  ami  re- 
turning, once  during  each  montli;  and  tlic  sui)ervisors  in  counties  of 
this  class  be  allowed  their  traveling  expenses  in  viewing  and  laying  out 
roads  and  bridges  and  in  attending  to  such  other  duties  within  tlieir 
county  as  required  by  law. 

14.  Justices  of  the  peace.  For  the  purpose  of  regulating  the  com- 
pensation of  justices  of  the  peace  and  constables,  townships  of  this  class 
of  counties  are  hereby  classified  according  to  their  population  as  shown 
by  the  federal  census  of  nineteen  hundred  ten;  townsliips  having  a 
jiopulation  of  two  thousand  four  hundred  and  over  four  thousand  shall 
be  classified  as  townships  of  the  first  class,  and  townships  having  a 
pof)ulation  of  less  than  two  thousand  four  hundred  shall  belong  to  and 
be   known  as  townships  of  the  second  class. 

15.  Justices  of  the  peace.  In  townships  of  the  first  class,  justices  of 
the  peace  shall  receive  eighty  dollars  per  month  to  be  paid  each  month 
ont  of  the  same  fund  and  at  the  same  time  as  the  county  officers  are 
paid,  and  which  sum  shall  be  in  full  compensation  for  all  services  ren- 
dered by  them. 

In  townships  of  the  second  class,  justices  of  the  peace  shall  receive 
sevent3--five  dollars  per  month  to  be  paid  each  month  out  of  the  same 
fund  and  at  the  same  time  as  the  county  officers  are  paid  and  which 
sum  shall  be  in  full  compensation  for  all  services  rendered  by  them. 

16.  Constables.  Constables  in  counties  of  this  class  shall  receive  the 
following  monthly  salaries  to  be  paid  each  month  out  of  the  same  fund 
and  at  the  same  time  as  the  county  officers  are  paid,  which  sum  shall 
be  in  full  compensation  for  all  services  rendered  by  them  in  criminal 
cases,  the  same  to  include  all  costs  of  transportation  of  all  prisoners 
within  the  county,  to  wit:  Constables  in  townships  of  the  first  class  shall 
receive  a  monthly  s.alary  of  seventy-five  dollars  per  month,  and  con- 
stables of  townships  of  the  second  elass  shall  receive  a  monthly  salary 
of  sixty  dollars  per  month;  provided,  further,  that  when  any  constable 
is  required  to  serve  a  warrant  of  arrest  or  any  other  paper  of  a  crim- 
inal case  he  shall  be  allowed  mileage  both  going  and  coming,  at  the  rate 
of  ten  cents  per  mile,  but  shall  not  be  allowed  any  sum  for  any  other 
expenses. 

17.  Reporter.  In  counties  of  this  class  the  official  reporter  of  the 
superior  court  shall  receive,  as  full  compensation  for  taking  notes  in 
civil  and  criminal  cases  tried  in  said  court,  such  fees  as  are  now  or 
may  be  hereafter  provided  by  law;  said  compensation  for  per  diem  and 
transcription  in  criminal  cases  to  be  audited  and  allowed  upon  a  written 
order  of  the  court,  and  paid  out  of  the  county  treasury,  and  in  civil 
cases  to  be  paid  by  the  party  ordering  the  same,  or,  when  ordered  by 
the  judge,  by  either  party,  or  jointly  by  both  parties,  as  the  court  may 
direct. 

18.  Jurors.  In  counties  of  this  class,  grand  jurors  and  jurors  in  the 
superior  court  in  criminal  and  civil  cases  shall  be  paid  three  dollars  per 
day  for  each  day's  attendance,  and  for  each  mile  actually  traveled  in 
attemling  court   as  such   juror   under  summons   or   under   order   of   court, 


§§  4268a-4271  political  code.  496 

in  going  only,  twenty-five  cents;  and  in  criminal  cases,  the  county  clerk 
shall  certify  to  the  auditor  the  number  of  days  attendance  and  the 
number  of  miles  traveled  by  each  such  juror,  and  the  auditor  shall  then 
draw  his  warrant  for  the  fees  and  mileage  due  such  juror,  and  the 
treasurer  shall  pay  the  same. 

19.  Witnesses.  In  counties  of  this  class,  witnesses,  when  legally  re- 
quired to  attend  upon  the  superior  court,  in  criminal  cases,  shall  be 
paid  two  dollars  per  day  for  each  day's  actual  attendance,  and  twenty- 
five  cents  per  mile  for  each  mile  actually  traveled,  in  going  only;  and 
in  criminal  cases  the  county  clerk  shall  certify  to  the  auditor  the  num- 
ber of  days  attendance  and  the  number  of  miles  traveled  by  each  such 
witness,  and  the  auditor  shall  then  draw  his  warrant  for  the  fees  and 
mileage  due  such  witness,  and  the  treasurer  shall  pay  the  same. 
[Amendment  approved  May  28,  1917;  Stats.  1917,  p.  1141. J 

§  4268a.     Fees  of  jurors  and  witnesses,  counties  of  thirty-ninth  class. 

In  counties  of  the  thirty-ninth  class,  jurors  and  witnesses  shall  receive 
the  following  fees  and  mileage: 

In  criminal  cases  the  county  clerk  shall,  dail}',  during  the  attendance 
of  each  juror  or  witness,  make  his  certificate  as  to  such  attendance  (the 
certificate  as  to  the  first  day's  attendance  of  such,  juror  or  witness,  to 
cover  and  include  the  number  of  miles  traveled  by  such  juror  or  wit- 
ness) ;  and  the  auditor  shall,  daily,  upon  the  request  of  such  juror  or 
witness  draw  his  warrant  in  favor  of  such  juror  or  witness  for  the  sum 
named  in  such  certificate,  and  the  treasurer  shall  pay  the  same; 

For  attending  as  a  grand  juror  for  each  day's  actual  attendance,  per 
day,  three  dollars,  and  twenty-five  cents  per  mile  for  each  mile  actually 
traveled  in  going  only,  such  mileage  to  be  paid  at  the  time  that  the  fee 
for  the  first  day's  attendance  is  paid; 

For  attending  as  a  trial  juror  in  criminal  cases,  for  each  day's  actual 
attendance,  per  day,  three  dollar.s,  and  twenty-five  cents  per  mile  for 
each  mile  actually'  traveled  in  going  only,  such  mileage  to  be  paid  at 
the  time  that  the  fee  for  the  first  day's  attendance  is  paid; 

For  attending  as  a  witness  in  criminal  cases,  for  each  day's  actual 
attendance,  per  day,  three  dollars,  and  twenty-five  cents  per  mile  for 
each  mile  actually  traveled  in  going  only,  such  mileage  to  be  paid  at  the 
time  that  the  fee  for  the  first  day's  attendance  is  paid.  [New  section 
added   May   28,   1917;    Stats.   1917,   p.  1140.J 

§  4271.  Counties  of  forty-second  class,  salaries  of  officers.  In  coun- 
ties of  the  forty-second  class,  llic  county  olliciTs  shall  lecciN-e,  as  com- 
pensation for  the  services  required  of  them  by  law  or  by  virtue  of 
their  offices,   the   following  salaries,  to  wit: 

1.  County  clerk.  Tlic  county  clerk,  two  thousand  four  hundred  dol- 
lars per  annum;  jirovided,  that  in  counties  of  this  class  there  shall  be 
and  is  hereby'  allowed  the  county  clerk  the  following  deputies,  who  shall 
be  ap[)ointed  by  the  county  clerk,  and  shall  be  paid  salaries  as  follows: 
one  (iei)uty  clerk  at  a  salary  of  one  hundred  twenty-five  dollars  per 
month,  and  one  dei)uty  county  clerk  at  a  salary  of  seventy-five  dollars 
per  inontli.     Tin'   siil;irics   of   said    deputy   county    clerks  siiall  be  paid   in 


497  POLITICAL   CODE.  §  4271 

monthly  installmonts  at  the  sanio  time  and  in  tlie  same  manner  and  out 
of  the  same  fund  as  the  salary  of  the  county  clerk  is  [laid;  provided, 
further,  that  in  counties  of  this  class,  in  each  year  in  which  a  new  and 
complete  or  supplemental  registration  of  voters  is  required  by  law,  the 
county  clerk  shall  appoint  as  many  deputy  registration  clerks  as  may 
be  necessary  for  the  convenient  registration  of  voters  of  the  county, 
which  deputy  registration  clerks  shall  receive  as  compensation  for  their 
services  the  sum  of  ten  cents  per  name  for  each  and  every  voter  regis- 
tered by  them;  said  compensation  to  be  paid  out  of  the  general  fund 
of  the  county,  on  the  presentation  and  filing  with  the  board  of  super- 
visors of  the  county  of  a  duly  verified  claim  therefor,  approved  by  the 
county  clerk. 

2.  Sheriff.  The  sheriff,  five  thousand  dollars  per  annum  and  such 
mileage  as  is  allowed  by  law  for  service  of  all  papers  wherever  issued 
by  any  court  outside  this  county  and  all  mileage  for  service  of  paper 
in  civil  cases  in  his  own  county  and  actual  expenses  incurred  in  criminal 
cases;  provided,  further,  that  in  counties  of  this  class  there  shall  be 
and  is  hereby  allowed  to  the  sheriff  one  deputy  who  shall  be  appointed 
by  the  sheriif  and  shall  be  paid  a  sum  of  one  hundred  dollars  per  month, 
which  said  sum  shall  be  paid  by  said  county  in  equal  monthly  install- 
ments at  the  same  time  and  in  the  same  manner  as  the  salary  of  the 
sheriff  is  paid. 

3.  Recorder.  The  recorder,  two  thousand  one  hundred  dollars  per  an- 
num; provided,  further,  that  in  counties  of  this  class  there  shall  be  and 
is  hereby  allowed  to  the  recorder,  one  deputy  recorder  who  shall  be 
appointed  by  the  recorder  and  shall  be  paid  a  sum  of  one  hundred  dol- 
lars per  month;  also,  an  additional  deputy  recorder  who  shall  be  ap- 
pointed by  the  recorder  and  who  shall  be  paid  a  salary  of  seventy-five 
dollars  per  month,  which  said  sum  shall  be  paid  by  said  county  in  equal 
monthly  installments  at  the  same  time,  in  the  same  manner  and  out  of 
the  same  fund  as  the  salary  of   the  recorder  is  paid. 

■1.  Auditor.  The  auditor,  the  sum  of  two  thousand  dollars  per  an- 
num; provided,  that  in  counties  of  this  class  there  shall  be  and  there 
is  hereby  allowed  to  the  auditor  one  deputy  auditor  which  said  office 
is  hereby  created  who  shall  be  appointed  by  the  auditor  and  shall  be 
paid  a  salary  of  seventy-five  dollars  per  month,  which  sum  shall  be 
paid  by  said  county  in  monthly  installments  at  the  same  time  and  in 
the  same  manner  and  out  of  the  same  funds  as  the  salary  of  the  auditor. 

5.  Treasurer.     The  treasurer,  two  thousand   dollars  per  annum. 

6.  Tax  collector.  The-  tax  collector,  one  thousand  eight  hundred  dol- 
lars per  annum;  provided,  that  in  counties  of  this  class  there  shall  be 
and  there  is  hereby  allowed  to  the  tax  collector  one  deputy  tax  col- 
lector, which  office  is  hereby  created,  said  deputy  tax  collector  to  be 
appointed  by  the  tax  collector  and  to  be  paid  a  salary  of  seventy-five 
dollars  per  month,  which  said  sum  shall  be  paid  by  the  county  in  monthlj' 
installments  at  the  same  time,  in  the  same  manner  and  out  of  the  same 
fund  as  the  salary  of  the  tax  collector  is  paid. 

7.  Assessor.  The  assessor,  two  thousand  five  hundred  dollars  per  an- 
num;  provided,  that  in  counties  of  this  class  there  shall  be  one  deputy 

32 


§  4271  POLITICAL   CODE.  498 

assessor,  who  shall  be  appointed  by  the  assessor  and  shall  receive  as 
compensation,  for  all  services  performed  by  him  the  sum  of  one  hun- 
dred dollars  per  month;  and  provided,  further,  that  the  assessor  may 
appoint  such  additional  dfeputies  as  may  be  required  in  the  judgment 
of  the  assessor,  the  length  of  time  that  such  deputies  shall  serve  in  any 
one  year  not  to  exceed,  in  the  aggregate,  three  hundred  twelve  days,  and 
the  aggregate  compensation  to  be  paid  all  of  said  deputies  not  to  exceed 
in  any  one  year  the  sum  of  one  thousand  two  hundred  forty-eight  dol- 
lars, which  shall  be  paid  out  of  the  county  treasury  in  the  same  manner, 
at  the  same'  time  and  out  of  the  same  funds  as  the  salaries  of  other 
county  officers  are  paid;  provided,  further,  that  the  assessor  may  ap- 
jioint  one  coi^yist,  to  be  paid  a  compensation  of  three  dollars  per  day 
for  a  period  not  to  exceed  four  months  in  any  one  year,  and  such  allow- 
ance shall  be  made  as  other  claims  are  allowed  by  the  board  of  super- 
visors, and  when  so  allowed  shall  be  paid  out  of  the  salary  fund., 

8.  District  attorney.  The  district  attorney,  two  thousand  four  hun- 
dred dollars  per  annum;  provided,  the  district  attorney  may  appoint  a 
stenographer,  whose  compensation  shall  be  seventy-five  dollars  per 
month,  and  such  allowance  shall  be  made  as  other  claims  are  allowed 
by  the  board  of  supervisors,  and  when  so  allowed  shall  be  paid  out  of 
the  salary  fund. 

9.  Coroner.  The  coroner,  siudi  fees  as  are  now  or  may  hereafter  be 
allowed  by  law. 

10.  Public  administrator.  The  public  administrator,  such  fees  as  are 
now  or  may  hereafter  be  allowed  by  law. 

n.  Superintendent  of  schools.  The  superintendent  of  schools,  one 
thousand  eight  luindred  dollars  per  annum;  provided,  that  in  counties 
of  this  class  there  shall  be  and  is  hereby  allowed  to  the  superintendent 
of  schools  a  deputy  who  shall  be  appointed  by  the  superintendent  of 
schools  and  paid  a  salary  of  five  hundred  dollars  per  annum,  said  salary 
to  be  paid  by  said  county  in  monthly  installments  at  the  same  time  and 
in  the  same  manner  and  out  of  the  same  fund  as  the  salary  of  the 
superintendent  of  schools  is  paid. 

12.  Surveyor.  The  .survryor,  ten  dollars  per  day  when  engaged  in 
(•(luiity  work,  lie  slial!  also  receive  his  actual  expenses  when  at  work 
in    llie    field. 

i:',.  Township  officers,  lu  counties  of  this  class,  the  township  officers 
shall  receive  the  following  compensation  for  all  services  rendered  by 
theni  in  criminal  matters  of  wliatever  kind,  character  or  description: 
In  towiLships  having  a  population  of  five  thousand  or  more,  justices  of 
the  peace  and  constables  shall  receive  a  monthly  salary  of  one  hundred 
twenty-five  dollars,  to  be  paid  each  month  in  the  same  manner  and  out 
of  the  same  fund  as  the  salaries  of  county  officers  are  paid.  Tn  town- 
ships having  a  population  of  less  than  five  thousand,  said  justices  of 
the  peace  shall  receive  a  salary  of  six  Inuidred  dollars  per  annum,  and 
(■onstables  shall  receive  a  salary  of  tunr  iiundred  eighty  dollars  per 
annum,   to   l.e    jiui.!    in    monlhly   installments. 


499  poLiTiOAi.  coDK.  §  4272 

14.  Supervisors.  Ividi  mcmbor  of  the  Ixiard  (if  supervisors,  one  thoii- 
s<aii(l  eight  hundred  dollars  per  annum,  in  full  payment  for  services  as 
member  of  the  board  of  supervisors,  as  member  of  the  board  of  equal- 
ization and  as  road  commissioner,  and  twenty-five  cents  per  mile  while 
traveling  from  his  residence  to  the  county  seat  not  more  than  once 
each  mouth.  It  is  hereby  found  as  a  fact  that  the  changes  provided 
for  in  this  subdivision  do  not  work  an  increase  in  compensation  of  this 
office,  and  it  is  intended  that  the  same  shall  apply  immediately  to  the 
present  incumbents. 

15.  Reporter.  In  counties  of  this  class,  the  official  reporter  of  the 
superior  court  shall  receive  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law.  The  compensation  allowed  each  officer  above  enumer- 
ated shall  be  in  full  payment  for  all  services  performed  by  him. 
[Amendment  approvedd   May  28,   1917;   Stats.   1917,  p.  992.] 

§  4272.  Counties  of  forty-third  class,  salaries  of  officers.  In  counties 
of  the  forty-third  class  the  county  officers  shall  receive,  as  compensation 
for  the  services  required  of  them  by  law  or  by  virtue  of  their  office,  the 
following  salaries,  to  wit: 

1.  County  clerk.  The  county  clerk,  one  thousand  nine  hundred  twenty 
dollars  per  annum,  and  such  fees  as  he  may  be  now  or  hereafter  allowed 
by  law  to  retain;  provided,  that  in  counties  of  this  class  there  shall 
be  and  there  hereby  is  allowed  to  the  county  clerk  one  deputy  clerk, 
who  shall  be  appointed  by  the  county  clerk  and  shall  be  paid  a  salary 
as  follows:'  the  sum  of  one  thousand  two  hundred  dollars  per  annum, 
which  sum  shall  be  paid  by  the  said  county  in  equal  monthly  install- 
ments at  the  same  time  and  in  the  same  manner  and'  out  of  the  same 
fund  as  the  salary  of  the  county  clerk  is  paid. 

2.  Sheriff.  The  sheriff,  three  thousand  five  hundred  dollars  per  an- 
num. The  sheriff  shall  also  receive  for  his  own  use  and  benefit  all  fees, 
commissions  and  mileage,  in  all  civil  cases  within  his  county,  and  all 
fees,  commissions  and  mileage  for  service  of  any  papers  issued  by  any 
court  outside  of  his  county. 

3.  Recorder.  The  recorder,  one  thousand  two  hundred  dollars  per 
annum,  and  such  fees  as  he  may  be  now  or  hereafter  allowed  by  law  to 
retain.  The  board  of  supervisors  is  hereby  authorized  to  employ  such 
number  of  copyists  at  such  salaries  and  for  such  length  of  time  as  the 
said  board  may  deem  necessary  to  properly  and  expeditiousl,y  record  all 
instruments  and  documents  filed  for  record  in  the  office  of  the  county 
recorder  of  such  county,  and  the  salary  of  such  co])yist  or  cojiyists  shall 
be  paid  out  of  the  general  fund  of  said  count^^ 

4.  Auditor.     The   auditor,  six  hundred   dollars  per   annum. 

5.  Treasurer.  The  treasurer,  one  thousand  five  hundred  sixty  dollars 
per  annum. 

6.  Tax  collector.     The  tax  collector,  seven  hundred  dollars  per  annum. 

7.  Assessor.  The  assessor,  two  thousand  four  hundred  dollars  per 
annum.     He  shall  also  be  permitted  to  appoint  such  deputies  as  ho  may 


§  4272  POLITICAL   CODE.  500 

desire,  of  whom  one  shall  be  paid  by  the  county  for  the  term  of  six 
months,  beginning  on  the  first  Monday  in  January  in  each  year  at  the 
rate  of  one  hundred  dollars  per  month,  and  one  of  whom  shall  be 
paid  by  the  county  for  the  term  of  four  months,  beginning  on  the  first 
Monday  in  March  in  each  year,  at  the  rate  of  one  hundred  dollars  per 
month,  and  one  of  whom  shall  be  paid  by  the  countj^  at  the  rate  of  one 
hundred  dollars  per  month  for  the  term  of  two  months,  said  term  be- 
ginning on  the  first  Monday  of  March  of  each  year.  The  board  of 
supervisors  shall  allow  the  assessor  to  appoint  extra  deputies,  other  than 
as  above  jjrovided,  in  the  ratio  of  one  for  every  three  hundred  assess- 
ment statements,  or  major  fraction  thereof  in  excess  of  two  thousand 
eight  hundred  statements,  and  said  extra  deputies  shall  each  serve  four 
months  in  each  year,  at  the  will  of  the  assessor,  and  shall  be  paid  each 
one  hundred  dollars  per  month.  All  salaries  of  deputies  as  above  pro- 
vided, shall  be  paid  in  the  same  manner  and  at  the  same  time  as  the 
salary  of  the  assessor  is  paid.  All  commissions  allowed  by  law  to  the 
assessor  for  the  collection  of  poll  tax,  road  poll,  personal  property  or 
special  taxes,  shall  be  paid  into  the  county  treasury  by  the  assessor, 
monthly  as  collected,  for  the  use  of  the  county,  and  shall  be  appor- 
tioned by  the  auditor  and  the  treasurer  to  the  salarj'  fund. 

8.  District  attorney.  The  district  attorney,  one  thousand  five  hun- 
dred dollars  per  annum. 

9.  Coroner.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law. 

lU.  Public  administrator.  The  public  administrator,  such  fees  as  are 
now  or  may  hereafter  be  allowed  by  law. 

11.  Superintendent  of  schools.  The  superintendent  of  schools,  one 
thousand  eight  hundred  dollars  per  annum,  and  actual  traveling  expenses 
when  visiting  the.  schools  of  his  county. 

12.  Surveyor.  The  surveyor,  such  fees  as  are  now  or  may  hereafter 
be  allowed  by  law. 

la.  Justices  of  the  peace.  Justices  of  the  peace  shall  receive  the 
following  monthly  salaries,  to  be  paid  each  month,  and  in  the  same 
manner  and  out  of  the  same  fund  as  county  officers  are  paid,  which 
shall  be  in  full  for  all  services  rendered  by  them.  In  townships  hav- 
ing a  population  of  more  than  four  thousand,  ninety  dollars  per  month; 
in  townships  having  a  population  of  less  than  four  thousand  and  more 
tlian  two  thousand  three  hundred,  seventy-five  dollars  per  month;  in 
townships  having  a  population  of  less  than  two  thousand  three  hun- 
dred and  more  than  one  thousand  five  hundred,  thirty  dollars  per  month; 
in  townships  having  a  population  of  less  than  one  thousand  five  hun- 
dred and  more  than  six  hundred,  twenty  dollars  per  month;  in  town- 
ships having  a  population  of  less  than  six  hundred,  fifteen  dollars  per 
moiitli.  The  compensation  herein  fixed  for  justices  of  the  peace  shall 
he  in  full  for  all  services  rendered,  and  all  fees  collected  by  them  shall 
lie  j>ai<l   into  the  county   treasury  as  provided  by  law. 

It.  Constables.  Constables  shall  receive  the  following  monthly  sal- 
iiries   to   be    jiaid   each   month,   and   in   the  same   manner  and   out  of  the 


501  POLITICAL   CODE.  §  4275 

same  fund  as  counts-  officers  are  paid,  which  shall  be  in  full  for  all 
services  rendered  by  them  in  criminal  cases:  In  townships  having  a 
population  of  more  than  four  thousand,  thirty-five  dollars  per  month; 
in  townships  having  a  population  of  less  than  four  thousand  and  more 
than  two  thousand,  fifteen  dollars  per  month  j  in  townships  having  a 
population  of  less  than  two  thousand,  ten  dollars  per  month;  provided, 
that  each  constable  shall  receive  his  actual  and  necessary  expenses  in- 
curred in  conveying  prisoners  to  the  county  jail.  In  addition  to  the 
compensation  received  in  criminal  cases,  each  constable  shall  receive 
and  retain  for  his  own  use  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law  for  all  services  performed  by  him  in  civil  actions. 

15.  Supervisors.  Traveling  expenses.  Each  supervisor,  nine  hundred 
dollars  per  annum,  and  twenty  cents  per  mile  for  traveling  expenses  from 
his  residence  to  the  county  seat,  and  also  necessary  expenses  when  on 
official  business  outside  of  the  county. 

16.  Board  of  education.  Each  member  of  the  county  board  of  edu- 
cation, including  the  secretary,  shall  receive  one  hundred  fifty  dollars 
per  annum  as  compensation  for  his  services  on  the  board  of  education, 
and  mileage  at  the  rate  of  twenty  cents  per  mile,  one  way,  from  his 
residence  to  the  place  of  meeting  of  said  board.  Said  compensation  of 
said  members  and  of  said  secretary  shall  be  paid  monthly  in  the  same 
manner  and  out  of  the  same  fund  as  the  salaries  of  other  county  officers 
are  paid.  Claims  for  such  mileage  shall  be  presented  to  and  allowed  by 
the  board  of  supervisors  before  payment.  The  compensation  of  the 
members  of  the  county  board  of  education  herein  provided  is  not  in 
addition  to  that  provided  in  section  one  thousand  seven  hundred  seventy. 

17.  Population  of  townships.  For  the  purposes  of  subdivisions  thir- 
teen and  fourteen  of  this  section,  the  population  of  the  several  judicial 
townships  shall  be  ascertained  by  the  board  of  supervisors,  by  multiply- 
ing by  five  the  vote  for  presidential  electors  cast  in  each  township  at 
the  next  preceding  election.  [Amendment  approved  April  16,  1917; 
Stats.  1917,  p.  130.] 

§  4275.  Counties  of  forty-sixth  class,  salaries  of  officers.  In  counties 
of  the  forty-sixth  class  the  county  officers  shall  receive,  as  compensa- 
tion for  the  services  required  of  them  by  law  or  by  virtue  of  their  office, 
the  following  salaries,  to  wit: 

(a)  County  clerk.  The  county  clerk,  two  thousand  five  hundred  dol- 
lars per  annum;  provided,  that  in  counties  of  this  class  there  shall  be 
and  there  is  hereby  allowed  to  the  county  clerk  one  deputy  who  shall 
receive  a  salary  of  one  thousand  dollars  per  annum,  and  one  deputy  who 
shall  receive  a  salary  of  eight  hundred  dollars  per  annum;  the  deputies 
herein  provided  for  shall  be  appointed  by  the  county  clerk,  and  their 
salaries  shall  be  paid  by  said  county  in  equal  monthly  installments  at 
the  same  time  and  in  the  same  manner  and  out  of  the  same  funds  as  the 
salary  of  the  county  clerk  is  paid.  All  fees  collected  by  the  clerk  as 
are  now  or  may  hereafter  be  required  by  law  shall  by  him  be  paid  into 
the  county  treasury. 


§  4275  POLITICAL    CODE.  502 

(b)  Sheriff.  The  sheriff,  five  thousand  dollars  per  annum,  and  the 
fees  or  commissions  for  the  service  of  all  papers  issued  by  any  court 
of  the  state  outside  of  his  county;  also,  his  actual  and  necessary  travel- 
ing expenses  in  the  execution  of  a  warrant  outside  of  his  county  issued 
by  a  court  or  magistrate  of  his  county. 

(c)  Recorder.  The  recorder,  one  thousand  four  hundred  forty  dollars 
per  annum,  and,  in  addition  thereto,  all  fees  which  said  recorder  is 
now  or  may  hereafter  be  entitled  to  receive  as  such  recorder,  or  which 
are  now  or  may  hereafter  be  required  by  law  to  be  collected  by  said 
recorder. 

(d)  Auditor.  The  auditor,  one  thousand  five  hundred  dollars  per 
annum. 

(e)  Treasurer.  The  treasurer,  two  thousand  four  hundred  dollars  per 
annum;  provideil,  that  all  commissions  and  fees  required  or  permitted 
by  any  law  of  this  state  or  of  the  United  States  to  be  collected  by  the 
treasurer  either  as  an  officer  or  ex  officio  officer,  his  deputies  or  assist- 
ants, for  the  performance  of  any  official  duty,  shall  be  collected  for  the 
benefit  of  the  county  and  shall  be  paid  into  the  general  fund  of  the 
county  monthly. 

(f)  Tax  collector.  The  tax  collector,  one  thousand  five  hundred  dol- 
lars per  annum. 

(g)  Assessor.  The  assessor,  four  thousand  dollars  per  annum;  pro- 
vided, that  said  assessor  shall  be  entitled  to  receive  and  retain  for  his 
own  use  four  per  cent  only  on  personal  property  tax  collected  by  him 
as  authorized  by  section  three  thousand  eight  hundred  twenty  of  the 
Political  Code  of  the  state  of  California. 

(h)  District  attorney.  The  district  attorney,  three  thousand  dollars 
per  annum;  provided,  that  said  officer  shall  refrain  from  the  private 
practice  of  law;  provided,  further,  that  in  counties  of  this  class,  there 
shall  be  and  is  hereby  allowed  to  the  district  attorney  a  stenographer 
or  oflfice  clerk,  to  be  appointed  by  the  district  attorney,  who  shall  re- 
ceive a  salary  of  six  hundred  dollars  per  annum,  to  be  paid  in  equal 
monthly  installments,  at  the  same  time,  in  the  same  manner  and  out  of 
the  same  funds  as  the  salary  of  tlie  district  attorney  is  paid. 

(i)  Coroner.  Tlie  coroner,  such  fees  as  are  now  or  may  be  hereafter 
allowed   l)y   law. 

(j)  Public  administrator.  'I'lic  |iiil>lic  ndTuinistrator  such  fees  as  are 
now   or   may   l>e   licrciiftcr   allowed    Iiy    law. 

(k)  Superintendent  of  schools.  Tlic  suiierintcnilent  of  schools,  two 
thousand  se\  en  hundred  dollars  per  annum  and  traveling  expenses  while 
visiting  schools  of  his  county;  and  for  services  as  secretary  of  the  board 
of  education  he  shall  receive  live  dollars  pei'  day  for  eacli  day  said 
hoard   is  in  session. 

CI)  Surveyor.  The  sur\'eyor,  such  fees  as  are  now  or  nmy  be  here- 
after ;il!owe(|   l)y   law. 

( ]\\ )  Justices  of  the  peace.  .Justices  of  1he  |ii';ice  siiall  receive  the 
I'cdlowing    niontlily    salaries,    lo    lie    paid    each    niduth,    and    in    the    same 


503  POLITICAL   CODE.  §  4276 

manner  ami  out  of  the  same  fund  as  county  onicers  are  paid,  which  shall 
be  in  full  for  all  services  rendered  by  them  in  criminal  cases:  In  town- 
ships having  a  population  of  more  than  nine  hundred,  seventy-five  dol- 
lars per  month;  in  townships  having  a  population  less  than  nine  hundred 
and  more  than  five  hundred,  fifty  dollars  per  month;  in  townships  hav- 
ing a  population  less  than  five  hundred,  twenty  dollars  per  month. 

(n)  Constables,  ('onstal)les  shall  receive  the  following  monthly  sal- 
aries to  be  paid  each  month,  and  in  the  same  manner  and  out  of  the 
same  fund  as  county  officers  are  paid,  which  shall  be  in  full  for  all 
services  rendered  by  them  in  criminal  cases:  In  townships  having  a 
population  of  more  than  nine  hundred,  seventy-five  dollars  per  month; 
in  townships  having  a  population  of  less  than  nine  hundred  and  more 
than  five  hundred,  fifty  dollars  per  month;  in  townships  having  a  popu- 
lation of  less  than  five  hundred,  twenty  dollars  per  montli;  provided, 
that  each  constable  shall  receive  his  actual  and  necessary  expenses  in- 
curred in  conveying  prisoners  to  the  county  jail.  In  addition  to  the 
compensation  received  in  criminal  cases  each  constable  shall  receive  and 
retain  for  his  own  use  such  fees  as  are  now  or  may  be  hereafter  allowed 
by  law  for  all  services  performed  by  him  in  civil  actions. 

(o)  Supervisors.  Supervisors  the  sum  of  one  hundred  twenty-five  dol- 
lars per  month  each;  mileage  at  the  rate  of  ten  cents  per  mile  for  each 
mile  actually  traveled  by  them  in  the  discharge  of  their  duties,  either 
as  road  commissioner  or  supervisor,  not  exceeding  in  the  aggregate  two 
hundred  fifty  dollars  per  annum.  Supervisors  shall  also  receive  their 
necessary  expenses  when  the  performance  of  duty  as  supervisor  or  road 
commissioner  takes  them  out  of  the  county. 

(p)   Reporters.     The   official   reporters,  same   as   now   provided  by  law. 

(q)  Jurors.  In  counties  of  this  class  grand  jurors  and  trial  jurors 
in  the  superior  court  shall  receive  for  each  day's  attendance  the  sum  of 
three  dollars,  and  for  each  mile  actually  and  necessarily  traveled  from 
their  residence  to  the  county  seat,  the  sum  of  fifteen  cents;  such  mileage 
to  be  allowed  but  once  during  each  session  such  jurors  are  rccjuired 
to  attend. 

(r)  Construction  of  act.  It  is  hereby  declared  that  nothing  herein 
contained  constitutes  an  increase  in  compensation  of  any  of  the  officials 
mentioned  herein  and  this  act  shall  take  effect  in  accordance  with  the 
provisions  of  section  one  of  article  four  of  the  constitution.  [Amend- 
ment approved  June  1,  1917;  Stats.  1917,  p.  1605.] 

§  4276.  Counties  of  forty-seventh  class,  salaries  of  officers.  In  coun- 
ties of  the  forty-seventh  class,  the  county  officers  shall  receive  as  com- 
pensation for  the  services  required  of  them  by  law,  or  by  virtue  of 
their  office,  the  following  salaries,  to  wit: 

1.  County  clerk.  The  county  clerk,  one  thousand  five  hundred  dollars 
per  annum;  provided,  that  in  counties  of  this  class,  there  shall  be  a 
deputy  county  clerk,  who  shall  be  appointed  by  the  country  clerk,  whose 
salary  shall  be,  per  annum,  a  sum  not  to  exceed  nine  hundred  dollars; 
which  salarv  shall  be  fixed  by  said  county  clerk,  and  which  said  salary 


§  4276  POLITICAL   CODE.  504 

shall  be  paid   by  saiil   county   at   the   time   and   in    the   same  manner  and 
out  of  the  same  fund  as  the  salary  of  the  county  clerk. 

2.  Sheriff.  The  sheriff,  five  thousand  dollars  per  annum  and  mileage 
for  service  of  any  and  all  processes  required  by  law  to  be  served  by 
him,  at  the  rate  of  ten  cents  per  mile  for  every  mile  necessarily  traveled 
in  the  performance  of  such  duty,  and  for  service  of  all  proeesseg  issued 
from  all  courts  outside  of  his  county  j  the  sheriff  to  pay  all  salaries  of 
his  deputies. 

3.  Recorder.  The  recorder,  one  thousand  six  hundred  dollars  per  an- 
num; provided  that  such  recorder  shall  collect  and  pay  into  the  county 
treasury,  for  the  use  and  benefit  of  the  county,  the  foes  required  by 
law. 

4.  Auditor.  The  auditor,  one  thousand  five  hundred  dollars  per 
annum. 

5.  Treasurer.  The  treasurer,  one  thousand  five  hundred  dollars  per 
annum. 

6.  Tax  collector.  The  tax  collector,  one  thousand  five  hundred  dol- 
lars per  annum. 

7.  Assessor.  The  assessor,  two  thousand  one  hundred  dollars  per 
annum. 

8.  District  attorney.  The  district  attorney,  two  thousand  one  hun- 
dred dollars  per  annum. 

9.  Coroner.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter 
allowed    by   law. 

10.  Public  administrator.  The  public  administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law. 

11.  Superintendent  of  schools.  The  superintendent  of  schools,  one 
thousand   five   hundred  dollars  per  annum. 

12.  Surveyor.  The  surveyor,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

13.  Justices  of  the  peace.  Justices  of  the  peace  shall  receive  the  fol- 
lowing monthly  salaries,  to  be  paid  each  month  as  salaries  of  county 
officers  are  paid,  which  shall  be  in  full  compensation  for  all  services 
rendered,  as  hereinafter  provided:  In  townships  having  a  population 
of  three  thousand  or  more,  fifty  dollars  per  month,  which  said  salary 
shall  be  in  full  compensation  for  all  services  rendered  by  said  justices 
of  the  peace  in  both  civil  and  criminal  cases,  and  all  such  fees  as  are 
allowed  by  law  in  ci\ii  cases  shall  be  paid  by  said  justices  of  the  peace 
into  the  county  treasury,  as  the  fees  of  county  officers  arc  paid  in. 
Ill  townships  having  a  population  under  three  thousand,  twenty-five 
dollars  per  iiuintli,  which  shall  be  in  full  compensation  for  all  services 
rcuidered  in  (riniiiial  cases.  In  addition  to  the  above  salary,  each 
justice  of  tlie  j)eace  shall  cdllcct  and  retain  for  his  own  use  and  benefit 
in  civil  cases,  such  fees  as  arc  now  or  may  hereafter  be  allowed  by  law. 
In  townshi|)s  having  a  iiojuilatioii  of  not  less  tlitin  one  thousand  and 
under   two   thousand,   twenty   dollars    per    inontli,    which    shall    be   in   full 


505  POLITICAL  CODE.  §  4276a 

compeusation  for  all  .services  reudered  in  criminal  cases.  In  addition 
to  the  above  salary,  each  justice  of  the  peace  shall  collect  and  retain 
for  his  own  use  and  benelfit  in  civil  cases  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law.  In  townships  having  a  population  of  less 
than  one  thousand,  fifteen  dollars  per  month,  which  shall  be  in  full 
compensation  for  all  services  rendered  in  criminal  cases.  In  addition 
to  the  above  salary  each  justice  of  the  peace  shall  collect  and  retain 
for  his  own  use  and  benefit  iu  civil  cases,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

14.  Constables.  (Jonstables,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

1.5.  Supervisors.  Each  member  of  tlie  board  of  supervisors,  six  hun- 
dred dollars  per  annum;  thirty  cents  per  mile  one  way  in  attending 
the  meetings  of  the  board.  Three  dollars  per  day  when  actually  serv- 
ing as  road  commissioner,  not  to  exceed  three  hundred  dollars  per 
annum. 

16.  Keporter.  In  counties  of  this  class,  the  official  reporter  of  the 
superior  court  shall  receive,  as  full  compensation  for  taking  notes  in 
criminal  cases  in  said  court,  before  the  grand  jury,  for  preliminary  ex- 
aminations, and  for  coroners'  inquests,  a  monthly  salary  of  seventy-five 
dollars,  payable  out  of  the  county  treasury  at  the  same  time  and  in 
the  same  manner  as  the  salaries  of  the  county  officers  are  paid,  and  shall 
receive  as  compeusation  for  taking  notes,  when  required,  in  civil  cases 
a  per  diem  of  ten  dollars,  to  be  paid  by  the  litigants  as  the  court  may 
direct;  and  for  transcription  of  said  notes,  when  required,  the  sum 
of  fifteen  cents  per  folio  for  the  original,  and  five  cents  jDer  folio  for 
each  copy  thereof;  said  compensation  for  transcription  in  criminal  cases 
and  coroners'  inquests  to  be  audited  and  allowed  by  the  board  of  super- 
visors as  other  claims  against  the  county, 'and  paid  out  of  the  county 
treasury;  and  in  civil  cases  to  be  paid  by  the  party  ordering  the  same, 
or  when  ordered  by  the  judge,  by  either  party,  or  by  both  or  all  parties, 
as  the  court  may  direct.  He  shall  also  be  allowed  his  actual  traveling 
expenses   when    reporting   outside    the    county   seat. 

17.  Population  of  townships.  The  board  of  supervisors  shall  deter- 
mine the  population  of  each  township  for  the  purpose  of  fixing  the 
salary  of  the  township  officers  aforesaid.  [Amendment  approved  May 
28,   1917;    Stats.   1917,   p.   1107.]: 

§  4276a.  Fees  of  jurors  and  witnesses,  counties  of  forty-seventh  class. 
In  counties  of  the  forty-seventh  class,  jurors  and  witnesses  shall  receive 
the  following  fees   and   mileage: 

Jurors.  For  attending  as  a  grand  juror,  for  each  day's  actual  attendance, 
per  day,  three  dollars,  and  twenty  cents  per  mile  for  each  mile  actually 
traveled,  in  going  only;  for  attending  as  a  trial  juror  in  the  superior  court 
in  civil  and  criminal  cases,  for  each  day's  actual  attendance,  per  day, 
three  dollars,  and  twenty  cents  per  mile  for  each  mile  actually  traveled, 
in  going  only;  for  attending  as  a  trial  juror  in  the  justice's  court,  in 
civil  eases  only,  for  each  day's  actual  attendance,  per  day,  two  dollars, 
and  twenty  cents  per  mile  for  each  mile  actually  traveled,  in  going  only. 


§  4277  POLITICAL  CODE.  506 

The  fee  of  such  jurors  shall  be  paid  to  them,  respectively,  on  each  day 
during  the  period  of  their  attendance,  if  demanded,  and  the  mileage 
herein  provided  for  shall  be  paid  at  the  time  the  fee  for  the  first  day's 
attendance  is  paid. 

Witnesses.  For  each  day's  actudl  attendance  when  legally  required  to 
attend  upon  the  superior  court,  per  day,  three  dollars,  and  twenty  cents 
per  mile  for  each  mile  actually  traveled,  in  going  only;  and  for  each 
day's  actual  attendance  when  legally  required  to  attend  upon  the 
justice's  court,  in  civil  cases  only,  per  day,  two  dollars,  and  twenty  cents 
per  mile  for  each  mile  actually  traveled,  in  going  only.  Witnesses 
in  criminal  eases  shall  be  paid  their  fees  and  mileage,  as  in  this  section 
provided,  immediately  upon  their  being  discharged  by  the  court.  Wit- 
nesses in  civil  cases  may  demand  the  payment  of  their  fees  and  mileage 
for  one  day,  in  advance,  and  when  so  demanded  shall  not  be  compelled 
to  attend  until  the  same  shall  have  been  paid.  [New  section  added  May 
28,   1917;   Stats.   1917,  p.   1109.] 

§  4277.  Counties  of  forty-eighth  class,  salaries  of  officers.  In  coun- 
ties of  the  forty-eighth  clasps  the  county  officers  shall  receive,  as  com- 
pensation for  the  services  required  of  them  by  law  or  by  virtue  of  their 
officers,  the  following  compensation  and  salaries,  to  wit: 

1.  County  clerk.     The   county  clerk,  two  thousand   dollars   per  annum. 

2.  Sheriff.  The  sheriff,  three  thousand  five  hundred  dollars  per  an- 
num, and  actual  traveling  expenses  incurred  in  the  pursuit  or  arrest 
of  criminals,  either  in  or  out  of  his  county. 

3.  Recorder.  The  recorder,  one  thousand  five  hundred  dollars  per 
annum;  and  the  said  recorder  may  appoint  one  deputy  recorder,  which 
said  office  of  deputy  recorder  is  hereby  created.  The  salary  of  such 
deputy  recorder  is  hereby  fixed  at  one  thousand  dollars  per  annum,  such 
salary  to  be  paid  at  the  same  time  and  in  the  same  manner  as  the  salary 
of   county   officers    is   paid. 

4.  Auditor.     The  auditor,  five  hundred  dollars  per  annum. 

:>.  Treasurer.  The  treasurer,  one  thousand  two  hundred  dollars  per 
annum. 

(J.  Tax  collector.  The  tax  collector,  eight  hundred  dollars  per  annum, 
whicli  shall  be  in  full  for  all  services  as  tax  collector  and  license  col- 
lector; provided,  that  in  counties  of  this  class  there  shall  be  one  deputy 
tax  collector  who  siiall  be  appointed  by  the  tax  collector  of  said  county, 
and  shall  receive  a  salary  of  nine  hundred  dollars  per  annum,  payable 
at  the  same  time  and  in  the  siiiiic  innnucr  as  the  salary  of  the  county 
officers   is   paid. 

7.  Assessor.  The  assessor,  one  thousaiul  ei^^lit  hundred  dollars  per 
annum;  jirovided,  that  in  counties  of  this  class  there  shall  be  one  chief 
deputy'  assessor  and  one  deputy  assessor,  who  shall  be  appointed  by 
the  assessor  of  said  county.  Said  dcimly  assessor  shall  servo  as  such 
only  during  the  montlia  of  March,  April,  May  and  .June  of  each  year 
and  shall  receive  a  salary  of  one  hundred  ilollars  per  month,  payable 
iliiriiig  the   period   of  such   service,  and  said   chief  deputy  assessor  shall 


507  POLITICAL    CODE.  §  4277 

rec-eive  a  salary  of  one  thousaiul  two  luuidiod  dollars  per  year,  such 
salaries  to  be  payable  at  the  same  time  and  in  the  same  manner  as  the 
salary   of   the    county   officers   is    paid. 

S.  Di&trict  attorney.  The  district  attorney,  one  thousaml  fiv(>  Iniii- 
dred    dollars   per   annum. 

9.  Coroner.  Tiie  coroner,  five  hundred  dollars  per  annum,  and  his 
actual  travelinjj-  and  other  exjienses  while  j)erforming  the  duties  of 
his   office. 

10.  Public  administrator.  The  public  administrator,  such  fees  as  are 
now    or   may    be    hereafter   allowed   by   law. 

n.  Superintendent  of  schools.  The  superintendent  of  schools,  one 
thousand  six  hundred  dollars  per  annum,  and  actual  traveling  expenses 
when  visiting  the  schools  of  his  county. 

12.  Surveyor.  The  surveyor,  nine  hundred  dollars  per  annum,  and  in 
addition  thereto,  he  shall  receive  his  actual  traveling  and  other  neces- 
sary expenses  incurred  by  him  while  engaged  in  work  for  the  county. 

13.  Supervisors.  Each  supervisor,  fifty  dollars  per  month,  payable 
at  the  same  time  and  in  the  same  mariner  as  other  county  officers  are 
paid,  and  his  necessary  and  actual  expenses  when  attending  to  the 
business  of  the  county  by  order  of  the  board,  and  mileage  at  the  rate  of 
twenty  cents  per  mile  for  traveling  from  his  residence  to  the  county 
seat  to  attend  the  sessions  of  the  board,  and  mileage  at  the  rate  of 
twenty  cents  per  mile  one  way  for  all  actual  distances  traveled  by  him 
in   the   performance   of  his   duties  as   road   commissioner. 

14.  Classification  of  townships.  Justices  of  the  peace.  lu  counties 
of  this  class  the  township  officers  shall  receive  the  following  compensa- 
tion: For  the  purpose  of  fixing  the  compensation  of  justices  of  the  peace 
and  constables  according  to  their  duties  townships  in  counties  of  this 
class  are  hereby  classified  according  to  their  population  as  follows: 
Townships  having  a  population  of  two  thousand  four  hundred  or  more 
shall  belong  to  and  be  known  as  townships  of  the  first  class.  Townships 
having  a  population  of  more  than  one  thousand  two  hundred  and  less 
than  two  thousand  four  hundred  shall  belong  to  and  be  known  as  town- 
ships of  the  second  class.  Townships  having  a  population  of  less  than 
one  thousand  two  hundred  shall  belong  to  and  be  known  as  townships 
of  the  third  class.  Justices  of  the  peace  shall  receive  the  follow'ing 
salaries:  In  townships  of  the  first  class  forty  dollars  per  month;  in  town- 
ships of  the  second  class  twenty  dollars  per  month,  and  in  townships  of 
the  third  class  fifteen  dollars  per  month.  Such  salaries  shall  be  paid 
in  the  same  manner  and  out  of  the  same  fund  as  salaries  of  county 
officers  are  paid,  and  shall  be  compensation  in  full  for  all  services 
rendered.  All  fees  received  by  justices  of  the  peace  shall  be  paid  into 
the    county    treasury    every    mouth. 

l.j.  Constables.  Constables  shall  receive  the  following  monthly  sal- 
aries, payable  at  the  same  time  and  in  the  same  manner  as  county 
officers  are  paid,  which  shall  be  in  full  for  all  services  rendered  by  them 
in  criminal  actions:  In  townships  of  the  first  class  thirty  dollars  per 
month;    in   townships   of   the   second   class   fifteen   dollars   per   month;   in 


§  4278  POLITICAL   CODE.  508 

townships  of  the  third  class  fifteen  dollars  per  month;  provided,  that  in 
addition  to  the  salary  herein  allowed  each  constable  shall  be  paid 
out  of  the  treasury  of  the  county  for  traveling  expenses  outside  of  his 
township  for  service  of  a  warrant  of  arrest  or  any  other  paper  in  a 
criminal  ease  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law, 
and  for  transporting  prisoners  to  the  county  jail  the  actual  expenses  for 
such  transportation,  and  his  actual  and  necessary  expenses  in  keeping 
and  caring  for  property  seized  by  him  under  a  writ  of  attachment 
or  execution;  and  provided,  further,  that  constables  may  retain  for 
their  own  use,  the  fees  which  are  now  or  may  be  hereafter  allowed  to 
them   in   civil   cases. 

16.  PopiUation,  how  ascertained.  For  the  purposes  of  sections  four- 
teen and  fifteen,  the  j)opulation  of  the  several  townships  shall  be  ascer- 
tained by  multiplying  by  two  and  one-half  the  number  of  registered 
voters  in  each  township,  at  the  last  general  election  preceding  the 
fixing  of  this  classification. 

17.  Jurors.  Grand  jurors  and  jurors  in  the  superior  court  shall  receive 
the  following  fees:  for  each  day's  attendance  three  dollars,  and  for  each 
mile  actually  traveled  in  atten'ding  court  as  a  juror,  one  way,  fifteen 
cents. 

IS.  Incumbents.  When  this  law  shall  enter  into  effect  it  shall  apply 
to  and  affect  incumbents  mentioned  in  sections  seven,  fourteen  and  fifteen 
hereof.      [Amendment  approved  May  28,  1917;  Stats.  1917,  p.  1258.] 

§  4278.  Counties  of  forty-ninth  class,  salaries  of  officers.  In  counties 
of  the  forty-ninth  class,  the  county  officers  shall  receive  as  compensation 
for  the  services  required  of  them  by  law  or  by  virtue  of  their  office,  the 
following  salaries,  to  wit: 

1.  County  clerk.  The  county  clerk,  one  thousand  eight  hundred  dol- 
lars i^er  annum;  provided,  that  in  counties  of  this  class  the  county  clerk 
shall  be  allowed  a  copyist,  who  shall  be  appointed  by  the  county  clerk 
and  paid  the  salary  of  seventy-five  dollars  per  month;  said  salary  to  be 
jiaid  at  the  same  time,  in  the  same  manner  and  out , of  the  same  fund 
as  the  salary  of  the  county  clerk;  and  provided,  further,  that  in  counties 
of  this  class,  during  the  years  when  the  compilation  of  a  great  register 
is  required  by  law,  the  county  clerks  of  the  county  shall  be  allowed  the 
sum  of  ten  cents  per  name  for  each  affidavit  legally  taken  for  registra- 
tion; said  sum  to  be  allowed  and  paid  to  said  county  clerks  by  the 
board  of  supervisors  as  other  county  charges  are  allowed  and  paid. 

2.  Sheriff.  Tlic  slieriff  shall  receive  two  thousand  five  hundred  dollars 
per  annum,  and  in  counties  of  this  class,  there  is  hereby  allowed  to  the 
sheriff,  one  deputy,  to  be  appointed  by  him,  who  shall  receive  the  salary 
of  seventy-five  dollars  per  month,  which  shall  be  paid  by  the  county  in 
monthly  installments,  at  the  same  time  and  in  the  same  manner  and  out 
of  the  same  fund  as  the  salary  of  the  sheriff  is  paid. 

.'').  Recorder,  'i'hc  rccor<lcr,  one  Hiousaiid  dollars  per  annum;  provided, 
that  in  counties  of  this  class  tlicre  shall  be  and  is  hereby  allowed  to  the 
recorder  a  cojtyist  who  shall  be  appointed  by  the  recorder,  and  paid  the 
.salary   of  seventy-five   dollars  per   month;   said   salary  to  be   paid   by  the 


509  POLITICAL   CODE.  §  4278 

said  county  in  monthly  installments,  at  tlie  time  and  in  the  same  manner 
and  out  of  the  same  fund  as  the  salary  of  the  recorder  is  paid. 

4.  Auditor.     The   auditor,   eight   hundred    dollars   per   annum. 

5.  Treasurer.  The  treasurer,  one  thousand  five  hundred  dollars  per 
annum. 

6.  Tax  collector.  The  tax  collector,  one  thousand  two  hundred  dollars 
per  annum,  and  ten  per  cent  on  all  licenses  collected  by  him  as  license 
collector;  provided,  that  in  counties  of  this  class  there  shall  be  and  is 
hereby  allowed  to  the  tax  collector  an  assistant  for  the  months  of  April, 
October  and  November,  who  shall  be  appointed  by  the  tax  collector 
and  paid  the  salary  of  seventy-five  dollars  per  month  for  said  above- 
named  months,  said  salary  to  be  paid  by  the  said  county  in  monthly 
installments,  at  the  time  and  in  the  same  manner,  and  out  of  the  same 
fund  as  the  salary  of  the  tax  collector  is  paid. 

7.  Assessor.  The  assessor,  one  thousand  five  hundred  dollars  per  an- 
num; provided,  that  in  counties  of  this  class  there  shall  be  and  is  hereby 
allowed  to  the  assessor  two  deputies,  to  be  appointed  by  him,  who  shall 
receive  the  salary  of  one  hundred  twenty-five  dollars  per  month  each, 
from  the  first  day  of  March  to  July  first  of  each  year,  said  salaries  to  be 
paid  by  said  county  in  monthly  installments,  at  the  same  time  and  in 
the  same  manner,  and  out  of  the  same  fund  as  the  salary  of  the  assessor 
is  paid. 

8.  District  attorney.  The  district  attorney,  one  thousand  eight  hun- 
dred dollars  per  annum. 

9.  Coroner.  The  coroner,  such  fees  as^  are  now  or  may  hereafter  be 
allowed  by  law. 

10.  Public  administrator.  The  public  administrator,  such  fees  as  are 
now   or   may   hereafter  be   allowed  by  law. 

11.  Superintendent  of  schools.  The  superintendent  of  schools,  one 
thousand  five  hundred  dollars  per  annum  and  actual  traveling  expenses 
when  visiting  the  schools  of  his  county,  and  the  sum  of  five  dollars  per 
day  of  each  day's  services  on  the  board  of  education;  said  sum,  together 
with  the  traveling  expenses,  to  be  allowed  and  paid  the  same  as  other 
county   charges   are   allowed   and   paid. 

12.  Surveyor.  The  surveyor,  such  fees  as  are  now  or  may  hereafter 
be  allowed  by  law. 

13.  Justices  of  the  peace.  Justices  of  the  peace  in  counties  of  this 
class  shall  receive  the  following  monthly  salaries  to  be  paid  each  month 
in  the  same  manner,  at  the  same  time  and  out  of  the  same  funds  as  the 
county  officers  are  paid,  which  shall  be  in  full  for  all  services  rendered 
by  them:  In  townships  having  a  population  of  more  than  one  thousand, 
fifty  dollars  per  month;  in  townships  having  a  population  of  more  thon 
five  hundred  and  less  than  one  thousand,  twenty-fi\'e  dollars  per  month; 
in  townships  having  a  population  of  less  than  five  hundred,  ten  dollars 
per  month.  The  board  of  supervisors  of  said  counties  shall  furnish  and 
supply  to  the  justices  of  the  peace  of  the  various  townships  in  such 
counties  the  codes  of  the  state  and  amendments  thereto  and  all  necessary 
stationery,  legal  blanks  and  forms  for  the  proper  conduct  of  business. 


§  -1278  POLITICAL    CODE.  510 

14.  Constables.  Constables  shall  receive  the  following  salaries  to  be 
paid  each  month  as  salaries  of  county  officers  are  paid,  which  shall  be 
in  full  for  all  services  rendered  by  them  in  criminal  cases:  (1)  In  town- 
ships having  a  population  of  five  hundred  or  more,  twenty  dollars  per 
month;  (2)  in  townships,  having  a  population  of  less  tlian  five  hundred, 
ten  dollars  per  month;  provided,  further,  that  in  addition  to  the  salary 
hereiji  allowed,  each  constable  shall  be  paid  out  of  the  treasury  of  the 
county  for  traveling  expenses  outside  of  his  own  township,  for  service 
of  a  warrant  of  arrest  or  any  other  p)aper  in  a  criminal  case,  such  fees 
as  are  now  or  may  be  hereafter  allowed  by  law.  For  serving  a  coroner's 
subpoena  the  same  fees  and  mileage  as  are  now  or  may  hereafter  be 
allowed  by  law  for  the  service  of  a  subpoena  issued  out  of  a  justice's 
court.  For  summoning  a  coroner's  jury  the  same  fees  as  are  now  or  may 
be  hereafter  allowed  for  summoning  a  jury  in  a  civil  action  in  the 
justice's  court.  For  transporting  prisoners  to  the  county  jail,  the  ex- 
penses of  such  transportation.  In  addition  to  the  monthly  salaries 
allowed  him  herein,  each  constable  may  receive  for  his  own  use  in  civil 
cases  the  fee  allowed  by  law.  For  transporting  prisoners  to  the  county 
jail,  the  actual  expenses  of  such  transportation.  In  addition  to  the 
monthly  salaries  allowed  him  herein,  each  constable  may  receive  for  his 
own  use  in  civil  cases  the  fees  allowed  by  law.  It  is  hereby  declared  that 
the  salaries  provided  for  in  this  subdivision  do  not  constitute  an  increase 
and  shall  apply  to  present  incumbents. 

15.  Supervisors.  Each  member  of  the  board  of  supervisors  to  receive 
a  flat  rate  of  eight  hundred  dollars  per  annum,  in  full  for  all  services. 

16.  Reporter.  In  counties,  of  this  class,  the  official  reporter  of  the 
superior  court  shall  receive,  a's  full  compensation  for  taking  notes  in 
civil  and  criminal  cases  tried  in  said  courts,  and  for  preliminary  exam- 
inations in  justices'  courts,  and  at  coroners'  inquests,  a  per  diem  of  ten 
dollars,  and  for  transcription  of  said  notes  when  required  during  the 
progress  of  a  trial,  he  shall  receive  the  sum  of  twenty-five  cents  per  folio 
for  the  original  and  five  cents  per  folio  for  one  copy;  but  if  such  tran- 
scription is  not  required  until  after  the  conclusion  of  the  trial,  then  he 
shall  receive  the  sum  of  ten  cents  per  folio  for  original,  and  five  cents 
per  folio  for  copies  required;  said  compensation  for  transcription  in  crim- 
inal cases  to  be  audited  and  allowed  by  the  board  of  supervisors  as  other 
claims  against  the  county,  and  jiaid  out  of  the  county  treasury;  and  in 
civil  cases,  to  be  paid  by  the  paily  ordeiiug  the  same,  or  when  ordered 
by  the  judge,  by  either  i)arty,  or  jointly  by  botii  parties,  as  the  court 
may  direct.  He  shall  also  be  allowed  his  actual  traveling  expenses  when 
reporting   outside    of    the    county    s(>at. 

17.  Jurors.  I'or  attending  as  a  grand  juror  or  as  a  trial  juror  in  the 
superior  court,  in  criminal  cases,  foni'  dnlhiis  per  day  for  each  day's 
attendance.  For  each  mile  actually  trincleij  in  attending  upon  the 
superior  court,  in  going  only,  |ier  mile,  twenty-five  ccMits;  proxideil,  that 
ill  counties  of  this  (dass  the  grand  jumrs  ami  trial  jurors  in  criminal 
cases  shall  lie  pai<l  warrants  drawn  by  the  comity  auditor,  issued  upon 
Mie  oriler  of  the  court,  or  judge  thereof.  |  A  nieinl  nient  approved  May  28, 
I!I17;   Stats.    I'.HT,   p.    1  I  !'.».  | 


511  POLITIC.U.   CODE.  §  4279 

§4279.  Counties  of  fiftieth  class,  salaries  of  officers.  In  comities  of 
the  fiftieth  class  the  couuty  oliieers  shall  receive,  as  coiiipeusatiou  for 
th&  services  required  of  them  by  law  or  by  virtue  of  their  office,  the 
following  salaries,  to  wit: 

1.  County  clerk.  The  county  i-leik,  one  thousand  eight  hundred  dol- 
lars per  auiuini  and  such  fees  as  he  may  be  by  law  allowed  to  retain;  and 
provided,  that  in  any  year  when  a  new  register  of  voters  is  rerjuired  by 
law  said  county  clerk  may  appoint  such  number  of  deputy  clerks  as  may 
be  necessary  for  the  convenience  of  registration  of  voters,  each  of  said 
deputies  to  receive  the  sum  of  ten  cents  per  name  for  each  elector  regis- 
tered by  him  whose  name  appears  on  the  great  register  at  the  November 
election.  Said  sum  to  be  paid  out  of  the  general  county  fund,  on  the 
presentation  and  filing  with  the  board  of  supervisors  of  said  county  a 
duly  verified  claim  therefor  approved  by  the  couuty  clerk. 

2.  Sheriff.  The  sheriff,  two  thousand  four  hundred  dollars  per  annum, 
and  the  fees  or  commissions  for  the  service  of  all  papers  issued  by  any 
court  of  the  state  outside  of  his  county,  and  his  actual  and  necessary 
traveling  expenses  while  executing  a  warrant  outside  of  his  county  issued 
by  a  magistrate  or  court  within  his  county. 

3.  Recorder.  The  recorder,  one  thousand  six  hundred  dollars  per 
annum;  provided,  tliat  when  the  amount  of  fees  collected  by  said  re- 
corder in  any  month  shall  exceed  the  sum  of  one  hundred  dollars,  the 
recorder  may  receive  and  retain  for  his  own  use,  in  addition  to  his  sal- 
ary, one-half  of  all  fees  in  excess  of  one  hundred  dollars  collected  by 
liini  in  such  montli. 

4.  Auditor.  The  auditor,  one  thousand  two  hundred  dollars  per  annum, 
and  a  fee  of  one  dollar  for  every  redemption  that  is  made  under  the 
provisions  of  section  three  thousand  eight  hundred  seventeen  of  this 
rode,  and  a  commission  of  ten  per  cent  on  all  money  collected  from  the 
state  of  California  on  claims  made  out  against  the  state  under  the  pro- 
visions of  section  four  thousand  ninety-nine  a  of  this  code.  Such  fees 
and  commissions  as  are  herein  mentioned  shall  be  allowed  the  auditor 
by  the  board  of  supervisors  out  of  the  general  county  fund  on  claims 
properly  presented;  provided,  that  said  fees  and  commissions  shall  not 
exceed  the  sum  of  three  hundred  dollars  jier  annum. 

5.  Treasurer.     Tlie   treasurer   nine   hundred   dollars  ]ier   annum. 

(i.  Tax  collector.  Tlie  tax  collector  six  hundred  dollars  per  annum, 
which  shall  be  in  full  for  all  services  as  tax  collector  and  license  col- 
lector. 

7.  Assessor.  The  assessor,  one  thousand  eight  hundred  dollars  per 
annum;  provided,  that  the  board  of  supervisors  shall  allow  the  traveling 
expenses  of  the  assessor  and  his  deputies,  necessarily  incurred  in  the 
performance  of  the  duties  of  said  office,  not  to  exceed  the  sum  of  three 
hundred  dollars  per  year,  to  be  allowed  and  paid  as  other  claims  against 
the  county  are  allowed  and  paid;  provided,  further,  that  the  provisions 
herein  contained  for  the  expenses  of  the  assessor  shall  apply  to  the 
incumbent. 

8.  District  attorney.  The  district  attorney,  one  thousand  five  hundred 
dollars  per  annum. 


§  4279  POLITICAL    CODE.  512 

9.  Coroner.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

lu.  Public  administrator.  The  publit-  administrator,  such  fees  as  are 
now  or  may  be  iiereafter  allowed  by  law. 

11.  Superintendent  of  schools.  The  superintendent  of  schools,  one 
thousand  dollars  per  annum,  and  actual  and  necessary  traveling  expenses 
when  visiting  schools  of  his  county.  He  shall  also  be  allowerl  five  dol- 
lars per  day  for  acting  as  secretary  of  the  board  of  education  for  each 
day  said  board  is  in  session. 

12.  Surveyor.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

13.  Justices  of  the  peace,  lu  counties  of  this  class  the  justices  of  the 
peace  shall  receive  the  following  compensation,  to  wit: 

(a)  In  townships  having  a  population  of  one  thousand  or  over,  the 
sum  of  three  hundred  dollars  per  annum,  payable  monthly. 

(b)  In  townships  having  a  population  of  less  than  one  thousand,  the 
sum  of  two  hundred  forty  dollars  per  annum,  payable  monthly. 

The  above  named  salaries  shall  be  in  full  compensation  for  all  services 
of  said  justices  of  the  peace  in  criminal  and  civil  cases,  and  when  acting 
as  coroner  said  justices  of  the  peace  shall  be  allowed  and  paid  actual 
expenses,  which  expenses  shall  be  audited  and  allowed  by  the  board  of 
supervisors  and  paid  out  of  the  county  treasury.  The  above  compensa- 
tion shall  be  in  lieu  of  all  other  fees  received  for  services  and  said  fees 
shall  be  accounted  for  to  the  auditor  and  paid  into  the  county  treasury. 

The  salaries  of  justices  of  the  peace  as  herein  provided  for  shall  be 
paid  in  the  same  manner,  at  the  same  time,  and  ou.t  of  the  same  funds  as 
county  officers  are  paid. 

For  the  purpose  of  this  subdivisi(jn  the  population  of  the  several  judi- 
cial townships  is  hereby  determined  to  be  the  population  of  the  townships 
as  shown  by  the  federal  census  taken  in  the  year  A.  D.  one  thousand  nine 
hundred   ten. 

14.  Constables,  (,'onstables,  the  sum  of  three  hundred  dollars  per 
annum,  which  shall  be  paid,  in  the  same  manner  and  at  the  same  time 
and  out  of  the  same  funds  as  county  officers  are  now  paid.  The  above 
compensation  shall  be  in  lieu  of  all  other  fees  received  for  services,  and 
said  fees  shall  be  accounted  for  to  the  auditor  and  paid  into  the  county 
treasury;  provided,  the  provisions  hereof  anil  h<M(>in  contained  shall 
apply  to  the  present  incumbent. 

!;■).  Supervisors.  Kach  miMiihcr  of  the  board  of  sui)ervisors,  five  dollars 
a  day  when  the  board  is  in  session,  and  ten  cents  a  mile,  in  going  only, 
for  traveling  from  his  residence  to  the  county  seat,  and  when  serving  as 
road  commissioner  thre<>  dolhns  jicr  day,  ;iiid  actual  and  necessary  ex- 
penses; proviiled,  he  shall  not  in  any  one  year  receive  more  than  three 
hundred  fifty  dollars  as  supervisor,  exclusive  of  mileage,  nor  more  than 
two  hundred  dollars  as  road  commissioner,  exclusive  of  traveling  ex- 
penses. 

16.  Board  of  education,  i^-icli  member  of  the  board  of  education  shall 
receive  five  dollars  j)er  day  as  comj)ensation  for  his  services  when  in 
actual  attend!iu<o  upon  said  l)o;ird,  and  mileage  at  the  rate  of  ten  cents 


513  POLITICAL   CODE.  §  4280 

per  mile,  oue  w'ay  only,  from  Ms  resideuce  to  the  place  of  meeting  of 
said  board.  The  secretary  of  said  board  of  education  shall  receive  five 
dollars  per  day  for  his  services  for  the  actual  time  that  the  board  may 
be  in  session.  Said  compensation  of  the  members  of  said  board  and  of 
said  secretary  shall  be  paid  out  of  the  same  fund  as  tlie  salary  of  the 
superintendent  of  schools.  Claims  for  such  service  and  mileage  shall  be 
presented  to  the  board  of  supervisors  and  shall  be  allowed  at  the  rate 
above  named  and  in  the  same  manner  as  the  claims  against  the  countv 
are  allowed.  The  compensation  of  the  members  of  the  board  of  educa- 
tion herein  provided  is  not  in  addition  to  that  provided  in  section  one 
thousand  seven  hundred  seventy  of  this  code. 

17.  Jurors.  In  counties  of  this  class,  for  attending  as  a  grand  juror 
or  as  a  trial  juror  in  a  criminal  case  in  the  superior  court,  for  each  day's 
attendance,  three  dollars.  Such  jurors  shall  receive  for  each  mile 
actually  and  necessarily  traveled  in  attending  as  a  juror,  in  going  and 
coming,  fifteen  cents. 

18.  Witnesses.  In  counties  of  this  class  witnesses  shall  be  allowed  for 
each  day's  actual  attendance,  when  legally  required  to  attend  upon  the 
superior  court  in  a  criminal  case,  three  dollars,  and  for  each  mile  actually 
and  necessarily  traveled  as  such  witness,  in  going  and  coming,  ten  cents; 
provided,  that  such  per  diem  and  such  mileage  shall  be  allowed  only 
upon  such  a  showing  to  the  court  as  is  now  or  may  be  hereafter  required 
by  law. 

19.  Compensation  not  changed.  The  legislature  hereby  declares  that 
the  provisions  of  this  act  are  not  intended  to  and  do  not  increase  or 
diminish  the  compensation  of  the  officers  herein  mentioned,  but  are 
intended  to  change  the  same  to  a  fixed  salary  basis  wherever  a  salary  is 
provided  for  compensation  of  such  officers. 

20.  In  effect  when.  The  provisions  of  this  act  shall  take  effect  ninety 
days  after  the  final  adjournment  of  the  session  of  the  legislature  which 
passed  this  act  and  said  provisions  shall  be  in  force  and  apply  to  the 
present  incumbent.  [Amendment  approved  May  29,  1917;  Stats.  1917, 
p.  1284.] 

§  4280.  Counties  of  fifty-first  class,  salaries  of  officers.  In  counties 
of  the  fifty-first  class,  the  county  officers  shall  receive  as  compensation 
for  the  services  required  of  them  by  law  or  by  virtue  of  their  office,  the 
following  salaries,  to  wit: 

1.  County  clerk.  The  county  clerk,  two  thousand  dollars  per  annum, 
except  in  the  years  when  a  general  election  is  held,  and  in  such  years 
he  shall  receive  two  thousand  three  hundred  dollars  per  annum,  and  said 
clerk  may  appoint  one  deputy  clerk,  which  office  is  hereby  created,  who 
shall  receive  a  salary  of  nine  hundred  dollars  per  annum.  The  deputy 
herein  provided  for  shall  be  paid  at  the  same  time  and  in  the  same  man- 
ner and  out  of  the  same  fund  as  the  clerk  is  paid. 

2.  Sheriff.     The  sheriff,  four  tliousand  dollars  per  annum. 

3.  Recorder.  The  recorder,  one  thousand  eight  hundred  dollars  per 
annum. 

4.  Auditor,     The  auditor,   four  hundred  dollars  per  annum. 

33 


§  4280  POLITICAL   CODE.  .  514 

5.  Treasurer.  The  treasurer,  one  thousand  six  hundred  dollars  per 
annum. 

6.  Tax  collector.  The  tax  collector,  seven  hundred  fifty  dollars  per 
annum. 

7.  Assessor.  The  assessor,  two  thousand  six  hundred  dollars  per 
annum;  provided,  however,  that  such  compensation  shall  be  in  full  for 
all  services  of  every  kind  and  descrijition  rendered  by  the  assesor;  and 
it  is  further  provided,  that  in  counties  of  this  class,  from  and  after  the 
date  upon  which  this  act  takes  effect,  the  assessor  shall  pay  into  the 
county  treasury  for  the  use  of  the  county  all  commissions  and  fees  which 
would  otherwise  be  allowed  to  him  by  the  provisions  of  section  four 
thousand  two  hundred  ninety  of  the  Political  Code,  as  compensation  for 
the  services  therein  mentioned.  The  provisions  of  this  subdivision  are 
not  intended  to  increase  the  compensation  of  the  incumbent  of  such  office, 
but  are  intended  to  change  the  compensation  of  the  assessor  from  a 
mixed  fee  and  salary  system  to  a  fixed  salary  basis  and  shall  take  effect 
ninety  days  after  the  final  adjournment  of  the  forty-second  session  of 
the  legislature. 

8.  District  attorney.  The  district  attorney,  one  thousand  five  hundred 
dollars  per  annum. 

9.  Coroner.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law. 

10.  PuWic  administrator.  The  public  administrator,  such  fees  as  are 
now  or  may  hereafter  be  allowed  by  law. 

11.  Superintendent  of  schools.  The  superintendent  of  schools,  one 
thousand  five  hundred  dollars  per  annum,  and  actual  traveling  expenses 
when  visiting  the  schools  of  the  county. 

12.  Surveyor.  The  surveyor,  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law. 

13.  Classification  of  townships.  Justices  of  the  peace.  For  the  pur- 
pose of  fixing  the  compensation  of  justices  of  the  peace  according  to 
their  duties,  townships  of  this  class  of  counties  are  hereby  classified 
according  to  population.  The  population  shall  be  determined  by  the 
board  of  supervisors  upon  the  enactment  of  this  act,  and  also  at  the 
time  of  formation  of  any  new  township  or  townships.  The  board  may 
determine  such  population  by  multiplying  by  three  the  number  of  regis- 
tered voters  at  the  last  general  election  next  preceding  the  date  of  such 
determination. 

Townships  having  a  population  of  one  thousand  two  hundred  or  more 
shall  belong  to  and  be  known  as  townships  of  the  first  class;  townships 
having  a  population  of  six  hundred  and  less  than  one  thousand  two 
hundred  shall  belong  to  and  be  known  as  townships  of  the  second  class; 
townships  having  a  population  of  three  hundred  and  less  than  six  hun- 
dred shall  belong  to  and  be  known  as  townships  of  the  third  class;  town- 
ships having  a  population  of  less  than  three  hundred  shall  belong  to  vnd 
be  known  as  townships  of  the  fourth  class. 

Justices  of  the  peace  shall  receive  the  following  salaries:  In  townships 
of  the  first  class  the  sum  of  two  hundred   forty  dollars  for  the  period 


515  .  •  POLITICAL    CODE.  §  4281 

Ijeginning  with  the  date  upon  which  this  act  takes  effect  and  ending 
December  31,  1915,  and  theieai'ter  a  salary  of  two  hundred  forty  dollars 
[)er  annum;  in  townships  of  the  second  class  the  sum  of  one  hundred 
eighty  dollars  for  the  period  beginning  with  the  date  upon  which  this 
act  takes  effect  and  ending  December  31,  1915,  and  thereafter  a  salary 
of  one  hundred  eighty  dollars  per  annum;  in  townships  of  the  third  class 
the  sum  of  one  hundred  twenty  dollars  for  the  period  beginning  with  the 
date  upon  which  this  act  takes  effect  and  ending  December  31,  1915,  and 
thereafter  a  salary  of  one  hundred  twenty  dollars  per  annum;  in  town- 
ships of  the  fourth  class  the  sum  of  sixty  dollars  for  the  period  beginning 
with  the  date  upon  which  this  act  takes  effect  and  ending  December  31, 
1915,  and  thereafter  a  salary  of  sixty  dollars  per  annum. 

Such  salaries  shall  be  paid  in  the  same  manner  and  out  of  the  same 
fund  as  the  salaries  of  county  officers  are  paid  and  shall  be  compensation 
in  full  for  all  services  rendered. 

All  fees  received  by  justices  of  the  peace  shall  be  paid  into  the  county 
treasury  every  month. 

14.  Constables.  Constables,  such  fees  as  are  now  or  may  hereafter  be 
allowed  b,y  law. 

15.  Supervisors.  Each  supervisor,  eight  dollars  per  day  while  the  board 
is  'in  session,  and  mileage  from  residence  to  the  county  seat  at  each 
sitting  of  the  board,  of  twenty  cents  per  mile;  also  twenty  cents  per 
mile  for  each  mile  actually  and  necessarily  traveled  in  discharging  the 
duties  of  road  commissioner,  but  he  shall  not  in  any  one  year  receive 
more  than  three  hundred  dollars  per  diem  as  supervisor,  and  he  shall 
not  in  any  one  year  receive  more  than  three  hundred  dollars  as  road 
commissioner. 

15a.  County  librarian.  There  is  created  for  counties  of  the  fifty-first 
class  the  office  of  county  librarian;  the  librarian  shall  be  appointed  by 
the  board  of  supervisors  for  a  term  of  four  years  and  shall  receive  a 
salary  of  one  thousand  two  hundred  dollars  per  annum,  to  be  paid  in 
equal  monthly  installments  at  the  same  time  and  in  the  same  manner  as 
other  county  officers  are  paid. 

16.  License  collector.  The  license  collector,  ten  per  cent  of  all  licenses 
collected  by  him. 

17.  Jurors.  Grand  and  trial  jurors,  three  dollars  per  day,  and  such 
mileage  fees  as  may  be  allowed  by  law. 

18.  Witnesses.  Witnesses  in  attendance  upon  either  the  superior  or 
justices'  courts,  shall  receive  two  dollars  per  day  and  such  mileage  fees 
as  may  be  allowed  by  law.  [Amendment  approved  May  28,  1917;  Stats. 
1917,  p.  1255.] 

§  4281.  Counties  of  fifty-second  class,  salaries  of  officers.  In  counties 
of  the  fifty-second  class  the  county  officers  shall  receive,  as  compensation 
for  the  services  required  of  them  by  law  or  by  virtue  of  their  office,  the 
following  salaries,  to  wit: 

1.  County  clerk.  The  county  clerk,  two  thousand  four  hundred  dollars 
per  annum. 


§  4281  POLITICAL   CODE.  *  516 

2.  Sheriff,  The  sheriff,  to  receive  a  flat  salary  of  four  thousand  five 
hundred  dollars  per  annum,  said  officer  to  pay  all  expenses  in  running 
said  office  and  to  receive  no  mileage  or  fees  in  criminal  cases. 

3.  Recorder.  The  recorder,  one  thousand  nine  hundred  dollars  per 
annum. 

4.  Auditor.     The  auditor,  eight  dollars  per  annum. 

5.  Treasurer.  The  treasurer,  one  thousand  six  hundred  dollars  per 
annum. 

6.  Tax  collector.  The  tax  collector,  eight  hundred  dollars  per  annum, 
and  ten  per  'cent  of  all  licenses  collected  by  him  as  license  collector. 

7.  Assessor.  The  assessor,  three  thousand  dollars  per  annum,  in  full 
compensation  for  all  services,  save  and  except  that  he  be  allowed  a  dep- 
ut}'  for  four  months  beginning  with  March  first  and  ending  June  thir- 
tieth, of  each  year,  at  a  compensation  of  seventy-five  dollars  per  month; 
the  salary  of  said  deputy  to  be  paid  b}-  the  county. 

S.  District  attorney.  The  district  attorney,  two  thousand  four  hun- 
dred dollars  per  annum. 

9.  Coroner.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law. 

10.  Public  administrator.  The  public  administrator,  such  fees  as  are 
now  or  may  hereafter  be  allowed  by  law. 

11.  Superintendent  of  schools.  The  superintendent  of  schools,  one 
thousand  eight  hundred  dollars  per  annum,  and  actual  traveling  expenses 
when  visiting  the  schools  of  his  county. 

12.  Surveyor.  The  surveyor,  such  fees  as  are  now^  or  may  hereafter  be 
alloweil  by  law. 

13.  Justices  of  the  peace.  Justices  of  the  peace  in  counties  of  this 
class  shall  receive  the  following  monthly  salaries  to  be  paid  each  month 
in  the  same  manner,  at  the  same  time,  and  out  of  the  same  funds  as  the 
county  officers  are  paid,  which  shall  be  in  full  for  all  services  rendered 
by  them:  In  townships  having  a  population  of  more  than  two  thousand, 
fifty  dollars  per  month;  in  townships  having  a  population  of  two  thou- 
sand or  less,  twenty  dollars  per  month;  provided,  however,  that  the 
justice  of  the  peace  of  the  township  wherein  the  county  seat  is  located 
shall  be  in  attendance  at  his  office  not  less  than  three  hours  of  each 
and  every  day  except  Sundays  and  holidays,  between  the  hours  of  nine 
A.  M.  and  three  P.  M.,  said  justice  to  receive  a  salary  of  seventy-five 
dollars  per  month.  The  board  of  supervisors  of  such  county  shall  fur- 
nish and  supply  to  the  justice  of  the  peace  of  the  various  townships 
the  codes  of  the  state  and  amendments  thereto  and  all  necessary  sta- 
tioner}', legal  blanks  and  forms  'for  the  proper  conduct  of  business.  For 
the  purpose  of  this  subdivision,  the  population  of  the  several  townships 
shall  bo  ascertained  by  multiplying  the  number  of  registered  voters  at 
the  l;isf   general  election  by  three. 

I  I.  Constables.  Constables,  twenty-five  dollars  per  monlh,  and  in  addi- 
tion tliereto,  each  constable  shall  be  paid  out  of  ihe  treasury  of  the 
county,  for  traveling  expenses,  outside  of  his  own  township  for  service 


517  POLITICAL  CODE.  §  4281a 

of  a  warrant  of  arrest  or  any  other  paper,  in  a  criminal  case,  sucli  fees 
as  are  now  or  may  be  liereafter  allowed  by  law.  For  serving  a  coro- 
ner's subpoena,  the  same  fees  and  mileage  as  are  now  or  may  hereafter 
be  allowed  by  law  for  the  service  of  a  subpoena  issued  out  of  a  justice's 
court.  For  summoning  a  coroner's  jury  the  same  fees  as  are  now  or 
may  be  hereafter  allowed  for  summoning  a  jury  in  a  civil  action  in  the 
justice's  court.  For  transporting  prisoners  to  the  county  jail,  the  actual 
expenses  of  such  transportation.  In  addition  to  the  monthly  salaries 
allowed  him  herein,  each  constable  may  receive  for  his  own  use  in  civil 
cases  the  fees  allowed  by  law. 

15.  Supervsiors.  P]ach  member  of  the  board  of  supervisors,  one  thou- 
sand dollars  per  annum,  and  mileage  from  residence  to  the  county  seat, 
at  each  sitting  of  the  board,  at  twenty-five  cents  per  mile;  which  said 
salary  and  mileage  shall  be  in  full  for  all  services. 

16.  Reporter.  In  counties  of  this  class,  the  official  reporter  of  the 
superior  court  shall  receive  a  salary  of  seventy-five  dollars  per  month, 
to  cover  all  work  done  in  criminal  cases,  both  in  the  superior  and  jus-, 
tice's  courts  of  the  county;  and  shall  receiA^e  as  compensation  for  taking 
notes  in  civil  cases  tried  in  the  superior  court  a  per  diem  of  ten  dollars, 
and  for  transcription  of  said  notes,  when  required  during  the  progress 
of  the  trial,  he  shall  receive  the  sum  of  twenty-five  cents  per  folio  for 
the  original,  and  five  cents  per  folio  for  one  copy,  in  both  criminal  and 
civil  cases;  but  if  such  transcription  is  not  required  until  after  the  con- 
clusion of  the  trial,  then  he  shall  receive  the  sum  of  ten  cents  per  folio 
for  the  original,  and  five  cents  per  folio  for  copies  required;  said 
compensation  for  transcription  in  criminal  cases  to  be  audited  and 
allowed  by  the  board  of  supervisors  as  other  claims  against  the  county, 
and  paid  out  of  the  county  treasury;  and  in  civil  cases  to  be  paid 
by  the  party  ordering  the  same,  or  when  ordered  by  the  judge,  by 
either  party,  or  jointly  by  both  parties,  as  the  court  may  direct.  He 
shall  also  be  allowed  his  actual  traveling  expenses  when  reporting  out- 
side of  the  county  seat.  [Amendment  approved  May  28,  1917;  Stats. 
1917,  p.  1000.] 

§  4281a.  Fees  of  jurors,  counties  of  fifty-second  class.  In  counties 
of  the  fifty-second  class,  grand  jurors,  and  trial  jurors,  in  criminal  cases, 
shall  receive  the  following  fees  and  mileage:  (1)  Grand  jurors,  and 
jurors  in  the  superior  court  in  criminal  cases,  shall  be  paid  three  dollars 
per  day  for  each  day's  attendance,  and  for  each  mile  actually  traveled 
in  going  onlj^,  while  acting  as  jurors,  fifteen  cents;  and  the  judge  of 
said  court  shall  make  an  order  directing  the  auditor  to  draw  his  warrant 
on  the  treasurer  in  favor  of  each  such  juror  for  said  per  diem  and  mile- 
age, and  the  treasurer  shall  pay  the  same. 

(2)  In  criminal  cases.  For  attending  as  a  trial  juror  in  criminal  cases 
only,  in  any  justice's  court  of  the  county,  for  each  day's  attendance,  two 
dollars.  The  justice  of  the  peace  shall  certify  to  the  auditor  the  number 
of  days'  attendance  of  each  juror,  and  the  auditor  shall  then  draw  his 
warrant  therefor,  and  the  treasurer  shall  pay  the  same.  [New  section 
added  May  28,  1917;  Stats.  1917,  p.  988.] 


§  4:283  POLITICAL   CODE.  •  518 

§  4283.  Counties  of  fifty-fourth  class,  salaries  of  officers,  lu  counties  of 
the  fifty-fourth  class  the  county  officers  shall  receive  as  compensatiou  for 
the  services  required  of  them  by  law,  or  by  virtue  of  their  offices,  the 
following  salaries,  to  wit: 

1.  County  clerk.  The  county  clerk,  one  thousand  eight  hundred  dol- 
lars per  auuuni. 

2.  Sheriff.  The  sheriff",  three  thousand  eight  hundred  dollars  per 
annum. 

3.  Recorder.  The  recorder,  one  thousand  five  hundred  dollars  per 
annum;  provided,  that  such  recorder  shall  collect  and  pay  into  the  county 
treasury  for  the  use  and  benefit  of  the  county,  the  fees  required  by  law 
to  be  so  collected;  and  provided,  that  when  the  amount  of  said  fees 
so  collected  shall  exceed  one  hundred  dollars  in  any  one  month,  the 
recorder  may  receive  and  retain  for  his  own  use,  in  addition  to  his  salary, 
one-half  of  all  fees  in  excess  of  one  hundred  dollars  in  any  one  month, 
so  collected;  and  provided,  that  the  recorder  may  retain  for  his  own 
use  all  fees  collected  for  filing  and  recording  proofs  of  labor  and  notices 
of  location  of  mining  claims. 

4.  Auditor.     The  auditor,  six  hundred  dollars  per  annum. 

5.  Treasurer.  The  treasurer,  one  thousand  four  hundred  dollars  per 
annum. 

6.  Tax  collector.  The  tax  collector,  one  thousand  dollars  per  annum, 
and  tea  per  cent  of  all  licenses  collected  by  him. 

7.  Assessor.  The  assessor,  one  thousand  nine  hundred  dollars  per 
annum. 

8.  District  attorney.  The  district  attorney,  one  thousand  six  hundred 
dollars  per  annum. 

9.  Coroner.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

10.  Public  administrator.  Public  administrator,  such  fees  as  are  now 
or  may  be  hereafter  allowed  by  law. 

11.  Superintendent  of  schools.  Superintendent  of  schools,  one  thou- 
sand two  hundred  dollars  per  annum,  and  actual  traveling  expenses  of 
visiting  schools  of  the  county. 

12.  Surveyor.  The  surveyoi',  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

13.  Justices  of  the  peace.  .Justices  of  the  peace,  one  hundred  twentj' 
dollars  per  annum,  and  such  further  compensation  as  may  be  provided 
by  ordinance  of  the  board  of  supervisors. 

14.  Constables.  T'onstaliles,  such  fees  as  are  now  or  may  be  hereafter 
allowefi  by  law. 

15.  Supervisors.  Sujiervisors,  each  the  sum  of  six  hundred  dollars  per 
annum,  for  all  services  performed  by  them  as  supervisors  and  members 
of  the  board  of  equalization.  They  shall  act  as  road  commissioners  in 
their  respective  districts  and  shall  receive  for  the  service  of  such  road 
commiHsioner  three  dollars   per  day  for  eacii   day's  service  as  such  road 


519  POLITICAL   CODE.  §  4285 

commissioner.     Hiu-li  compensatiou  as  road  commissioner  shall  not  exceed 
three  hundred  dollars  per  annum. 

U).  Jiirors.  Grand  jurors,  and  trial  jurors  in  the  superior  court  in  the 
civil  and  criminal  cases  shall  be  paid  three  dollars  per  day  for  each 
day's  attendance  and  for  each  mile  actually  traveled  in  going  only, 
while  acting  as  such  juror,  twenty  cents  per  mile,  and  the  judge  of  said 
court  shall  make  an  order  directing  the  auditor  to  draw  his  warrant  on 
the  treasurer  in  favor  of  such  juror  for  said  per  diem  and  mileage  and 
the  treasurer  shall  pay  the  same.  [Amendment  approved  May  28,  1917; 
Stats.  1917,  p.  1164.] 

§  4285._  Counties  of  fifty-sixth  class,  salaries  of  officers.  In  counties  of 
the  fifty-sixth  class,  the  county  officers  sliall  receive  as  compensation  for 
the  services  required  of  them  by  law  and  by  virtue  of  their  office  the 
following  salaries,  to  wit: 

T.  County  clerk.  The  county  clerk,  nine  hundred  dollars  per  annum; 
provided,  that  in  counties  of  this  class  there  shall  be  and  is  hereby 
allowed  to  the  clerk  a  deputy  to  act  as  clerk  of  the  board  of  supervisors, 
who  shall  be  appointed  by  the  county  clerk  and  be  paid  a  salary  of 
seventy-five  dollars  per  month;  said  salary  to  be  paid  by  said  county 
in  monthly  installments  at  the  time  and  in  the  manner  and  out  of  the 
same  fund  as  the  salary  of  the  county  clerk  is  paid.  In  counties  of  this 
class  the  county  clerk  is  hereby  allowed  in  addition  to  his  salary,  each 
year  when  a  new  registration  is  required,  the  sum  of  ten  cents  for  each 
elector  registered,  which  amount  shall  be  allowed  by  the  board  of 
supervisors  at  the  close  of  registration  preceding  a  general  election,  and 
be  i^aid  from  the  general  fund  of  the  county. 

2.  Sheriff.  The  sheriff,  one  thousand  eight  hundred  dollars  per  annum; 
provided,  that  in  counties  of  this  class  there  shall  be  and  is  hereby 
allowed  a  jailer  who  shall  be  appointed  by  the  sheriff  and  be  paid  a 
salary  of  fifty  dollars  per  month;  and  said  salary  to  be  paid  by  said 
county  monthly  and  at  the  time  and  in  the  manner  and  out  of  the  same 
fund  as  the  salary  of  the  sheriff  is  paid. 

3.  Recorder.  The  recorder,  six  hundred  dollars  per  annum;  provided, 
that  in  counties  of  this  class  there  shall  be  and  is  hereby  allowed  to 
the  recorder  a  copyist,  which  office  of  copyist  to  the  recorder  is  hereby 
created  and  which  copyist  shall  be  appointed  by  the  recorder  and  be 
paid  the  salary  of  fifty  dollars  per  month;  said  salary  to  be  paid  by 
said  county  in  monthly  installments  at  the  time  and  in  the  manner  and 
out  of  the  same  fund  as  the  salary  of  the  recorder  is  paid. 

4.  Auditor.     The  auditor,  seven  hundred  twenty  dollars  per  annum. 

5.  Treasurer.  The  treasurer,  one  thousand  five  hundred  dollars  per 
annum. 

6.  Tax  collector.  The  tax  collector,  one  thousand  two  hundred  dollars 
per  annum. 

7.  Assessor.  The  assessor,  nine  hundred  dollars  per  annum;  provided, 
that  in  counties  of  this  class  there  shall  be  and  is  hereby  allowed  to  the 
assessor  one  deputy  who  shall  be  appointed  by  the  assessor  and  be  paid 
a    salary   of    thirty-five    dollars    per    month;    and    said   salary   to   be    paid 


4285 


POLITICAL    CODE.  520 


by  said  county  monthly  and  at  the  time  and  in  the  manner  and  out  of 
the  same  fund  as  the  salary  of  the  assessor  is  paid. 

8.  District  attorney.  The  district  attorney,  one  thousand  two  hundred 
dollars  per  annum  and  such  fees  as  are  now  or  may  hereafter  be  paid  to 
that  ofKcer. 

9.  Coroner.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

10.  Public  administrator.  Tlie  public  administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law. 

11.  Superintendent  of  schools.  Tlie  superintendent  of  schools,  seven 
hundred  twenty  dollars  per  annum. 

12.  Surveyor.  The  surveyor,  such  fees  as  are  now  or  nmy  be  hereafter 
allowed  by  law. 

13.  Justices  of  the  peace.  For  the  purpose  of  fixing  the  compensation 
of  justices  of  tlie  peace  according  to  their  duties,  townships  in  counties 
of  this  class  are  hereby  classified  according  to  their  population  as  follows: 

Townships  having  a  population  of  one  thousand  or  more  shall  belong 
to  and  be  known  as  townships  of  the  first  class.  Townshijis  having  a 
population  of  less  than  one  thousand  shall  beloug  to  and  be  known  as 
townships  of  the  second  class. 

The  population  of  the  several  townships  shall  be  determined  by  the 
board  of  supervisors  upon  the  enactment  of  this  act,  and  also  at  the  time 
of  the  formation  of  any  new  township  or  townships  for  the  purpose  of 
this  and  the  succeeding  subdivisions  by  the  last  federal  census  taken 
dui'ing  the  year  1910.  Justices  of  the  peace  shall  receive  the  following 
salaries: 

In  townships  of  the  first  class  the  sum  of  three  hundred  dollars  for  the 
period  beginning  with  the  date  ui^on  which  this  act  becomes  effective 
and  ending  December  31,  191.5,  and  thereafter  a  salary  of  three  hundred 
dollars  per  annum ; 

In  townships  of  the  second  class  the  sum  of  one  hundred  eighty  dollars 
for  the  period  beginning  with  the  date  upon  which  this  act  becomes 
effective  and  ending  December  31,  1915,  and  thereafter  a  salary  of  one 
'hundred  eighty  dollars  per  annum. 

Such  salaries  shall  be  paid  in  the  same  manner  and  out  of  the  same 
fund  as  the  salaries  of  county  officers  are  paid,  and  shall  be  compensa- 
tion in  full  for  all  services  rendered.  All  fees  received  by  justices  of 
the  peace  shall  be  paid  into  the  county  treasury  every  month.  The 
board  of  supervisors  of  such  counties  shall  furnish  and  supply  to  the 
justices  of  the  peace  of  various  townships  in  such  counties,  the  codes  of 
the  state  and  amondments  thereto,  and  all  necessary  stationary,  legal 
blanks  and  forms  foi-  tlic  proper  conduct  of  business. 

14.  Constables.  ('(nist:il)li's.  such  fees  as  are  now  or  may  lie  liereafter 
allowed  by  law. 

if).  Board  of  supervisors,  l-'uch  member  of  tlie  board  of  supervisors, 
four  Iniiidri'd  twenty  doll'us  \n'V  nniiiim  and  twenty  cents  per  mile  in 
1i;i\.rni;r  ridiii  Ills  residence  to  llic  comity  seat,  going  only;  provided, 
that  onlv  one  mileage  shall  lie  allowed  for  any  regular  session  of  the 
hoard. 


521  POLITICAL   CODE.  §  4286 

1(5.  Reporter.  In  counties  of  this  class  the  oniuial  loporter  of  the  su- 
perior court  shall  receive  as  full  compensation  for  talcing  notes  in  civil 
and  criminal  cases  tried  in  said  court  and  for  preliminary  examinations 
in  justices'  courts  and  the  coroners'  inquests,  a  monthly  salary  not  to 
exceed  fifty  dollars,  payable  out  of  the  county  treasury  at  the  same  time 
and  in  the  same  manner  as  the  salaries  of  the  county  officers;  and  for 
transcription  of  said  notes  when  required  he  shall  receive  the  sum  of 
ten  cents  per  folio  for  the  original  and  five  cents  per  folio  for  the  copy; 
said  compensation  for  transcription  in  criminal  cases  to  be  audited  and 
allovv^ed  by  the  board  of  supervisors  as  other  clainis  against  the  county 
and  paid  out  of  the  county  treasury,  and  in  civil  cases  to  be  paid  by 
the  party  ordering  the  same  or  when  ordered  by  the  judge,  by  either 
party  or  jointly  by  both  parties  as  the  court  may  direct. 

17.  Fees  of  jurors.  The  fees  of  grand  jurors  and  trial  jurors  in  the 
superior  courts  of  said  counties  of  this  class  in  civil  and  criminal  cases, 
shall  be  three  dollars  in  lawful  money  of  the  United  States  for  each  day's 
attendance  and  mileage  to  be  computed  at  the  rate  of  fifteen  cents  per 
mile  for  each  mile  necessarily  traveled  in  attending  court,  in  going  only. 
In  criminal  cases  such  fees  and  mileage  of  said  trial  jurors  in  the 
superior  court  shall  be  paid  by  the  treasurer  of  the  county  out  of  the 
general  fund  of  said  county  upon  warrants  drawn  by  the  county  auditor 
upon  the  written  order  of  the  judge  of  the  court  in  which  said  juror 
was  in  attendance  and  the  treasurer  of  said  county  shall  pay  said 
warrants.  The  board  of  supervisors  of  said  county  is  hereby  directed 
to  make  suitable  appropriations  for  the  payment  of  the  fees  herein  pro- 
vided for.      [Amendment  approved  April  6,  1917;  Stats.  1917,  p.  74.] 

§  4286.  Counties  of  fifty-seventh  class,  salaries  of  officers*  In  counties 
of  the  fifty-seventh  class  the  county  and  township  officers  shall  respec- 
tively receive,  as  compensation  for  the  services  required  of  them  by  law 
or  by  virtue  of  their  offices,  the  following  salaries  and  compensation, 
to  wit: 

1.  County  clerk.  The  county  clerk,  one  thousand  two  hundred  dollars 
jier  annum. 

2.  Sheriff.     The  sheriff',  two  thousand  six  hundred  dollars  per  annum. 

3.  Recorder.  The  recorder,  six  hundred  dollars  per  annum.  In  coun- 
ties of  this  class  the  recorder  may  appoint  a  copyist  for  service  in  his 
office,  which  office  of  copyist  for  the  county  recorder  is  hereby  created, 
and  said  copyist  shall  receive  as  compensation  for  his  services  fifty  per 
cent  of  the  amount  collected  in  said  office  during  his  period  of  service 
for  filing  and  recording  mining  locations  and  affidavits  of  assessment 
work. 

4.  Auditor.     The  auditor,  two  hundred  dollars  per  annum. 

.5.  Treasurer.     The  treasurer,  one  thousand  dollars  per  annum. 

6.  Tax  collector.     The  tax  collector,  five  hundred  dollars  per  annum. 

7.  Assessor.  The  assessor,  one  thousand  two  hundred  dollars  per 
annum, 


§  4286  POLITICAL   CODE,  522 

8.  District  attorney.  The  district  attorney,  one  thousand  two  hundred 
dollars  per  annum. 

9.  Coroner.  The  coroner,  such  fees  as  are  or  may  hereafter  be  allowed 
by  law. 

10.  Public  administrator.  The  public  administrator,  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law. 

11.  Superintendent  of  schools.  The  superintendent  of  schools,  four 
hundred  dollars  per  annum. 

12.  Surveyor.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

13.  Population  of  townships.  For  the  purpose  of  regulating  the  com- 
pensation of  justices  of  the  peace  and  constables,  townships  of  this  class 
of  counties  are  hereby  classified  according  to  their  population,  as  shown 
by  the  total  number  of  registered  voters,  in  each  township,  at  the  next 
preceding  general  election,  prior  to  the  fixing  of  the  classification,  the 
said  ]3opulation  to  be  determined  by  the  supervisors  by  multiplying  the 
said  total  number  of  registered  voters  by  three;  townships  having  a 
population  of  not  more  than  one  hundred  shall  belong  to  and  be  known 
as  townships  of  the  first  class;  townships  having  a  population  of  not 
more  than  three  hundred  and  not  less  than  one  hundred  one  shall  be- 
long to  and  be  known  as  townships  of  the  second  class;  townships  hav- 
ing a  population  of  not  more  than  seven  hundred  fifty  and  not  less  than 
three  hundred  one  shall  belong  to  and  be  known  as  townships  of  the 
third  class;  townships  having  a  population  of  not  more  than  one  thou- 
sand five  hundred  and  not  less  than  seven  hundred  fifty-one  shall  belong 
to  and  be  known  as  townships  of  the  fourth  class;  townships  having  a 
jiopulation  in  excess  of  one  thousand  five  hundred  shall  belong  to  and 
be  known  as  townships  of  the  fifth  class;  provided,  that  the  board  of 
supervisors  may,  prior  to  any  general  election,  consolidate  two  or  more 
such  townships  into  one. 

14.  Justices  of  the  peace  and  constables.  .Justices  of  the  peace  and 
constables  each  of  townships  of  the  first  class  shall  receive  an  annual 
salary  of  one  hundred  dollars  to  be  paid  in  monthly  installments  as 
county  officers  are  paid;  justices  of  the  peace  and  constables  of  town- 
ships of  the  second  class  shall  each  receive  an  annual  salary  of  one 
liunilrc(l  fifty  dollars  to  be  paid  in  monthly  installments  as  county  offi- 
icis  arc  paid;  justices  of  the  peace  and  constables  in  townships  of  the 
third  class  shall  each  receive  an  annual  salary  of  two  hundred  dollars 
to  be  paid  in  monthly  instjillments  as  county  officers  are  paid;  justices 
of  the  peace  and  constables  in  townships  of  the  fourth  class  shall  each 
receive  an  annual  salary  of  three  hundred  dollars  to  be  paid  in  monthly 
installments  as  county  ollicers  ;ire  |i;ii(l;  justices  of  the  peace  and  eon- 
stables  in  townsliijps  of  the  filth  class  shall  each  receive  an  annual  sal- 
ary of  I'diii-  liinulred  dollars  to  be  paid  in  inimlhly  installments  as  county 
oflicers  are  jmid.  The  salaries  so  received  liy  justices  of  the  peace  and 
constables  aforesaiii  shall  be  in  full  c(ini|)ensnl  inn  for  all  services  ren- 
der<'(i    bv   them.      These   salnries   slinll   ;ils(i   a|iply    t(i   incumbents. 

1"),  Board  of  supervisors.  M.nli  niember  of  the  board  of  supei'visors, 
vlx    dollars    jier    day    during-    session,    ;ind    tliir-(y    cents    per    niil(>    one   way 


523  POLITICAL  CODE.  §§  4288-4290 

to  board  meetings;   three  dollars  per  day   (no  mileage)   as  road  commis- 
sioners when  actually  engaged  in  road  business. 

16.  Jurors.  Jurors'  fees  in  criminal  cases  shall  be  as  follows:  For 
attending  as  a  grand  juror  or  trial  juror  in  the  superior  court,  in  crimi- 
nal cases  only,  for  each  day's  attendance,  per  day,  three  dollars;  for  each 
mile  actually  traveled  in  attending  court  as  such  juror  under  sum- 
mons or  under  order  of  court,  in.  criminal  cases,  in  going  only,  per 
mile,  thirty  cents,  and  the  county  clerk  shall  certify  to  the  auditor 
the  number  of  days'  attendance  and  number  of  miles  traveled  by  each 
juror,  and  the  auditor  shall  draw  his  warrant  therefor  and  the  treasurer 
shall  pay  the  same.  [Amendment  approved  April  25,  1917;  Stats.  1917, 
p.  203.] 

§4288.  Time  of  payment  of  salaries  of  county  officials.  The  salaries 
of  such  oflhcers  named  in  this  title  as  are  entitled  to  salaries  shall  be 
paid  monthly  out  of  the  county  treasury;  and  it  shall  be  the  duty  of 
the  auditor,  on  the  first  day  of  each  and  every  month,  to  draw  his 
warrant  upon  the  treasurer  in  favor  of  each  of  said  officers  for  the 
amount  of  salary  due  him  under  the  provisions  of  this  title  for  the 
preceding  month;  except  that,  unless  in  this  title  otherwise  provided, 
one-half  of  the  annual  salary  of  the  assessor  shall  be  paid  to  him  in 
equal  monthly  installments  for  the  months  of  March,  April,  May  and 
June,  and  one-half  in  equal  monthly  installments  for  the  remaining  eight 
months  of  the  year.  The  treasurer  shall  pay  said  warrants  on  presenta- 
tion, out  of  the  salary  fund  of  the  county  treasury;  provided,  that  in 
counties  of  the  first  class  or  in  counties  operating  under  a  charter,  the 
board  of  supervisors  may,  by  ordinance,  fix  a  date  or  schedule  of  dates  for 
the  payment  of  salaries  of  the  officers,  deputies,  clerks  and  other  em- 
ployees of  the  several  departments  and  institutions  of  the  county  govern- 
ment.     [Amendment  approved  April  5,  1917;   Stats.   1917,  p.  57.] 

§  4289.  Statement  of  fees  before  salary  warrant  issued.  The  auditor 
shall  not  draw  his  warrant  for  the  salary  of  any  such  officer  for  any 
month  until  the  latter  shall  first  have  filed  with  him  the  sworn  statement 
required  in  section  four  thousand  two  hundred  ninety-four  and  a  copy  of 
the  treasurer's  receipt  for  all  fees  and  other  moneys  payable  into  the 
county  treasury,  collected  by  such  officer  in  that  month.  [Amendment 
approved  May  25,  1917;  Stats.  1917,  p.  9.36.]- 

§  4290.  Fees  and  salaries  of  county  officers.  Conveying  prisoners  to 
state  institutions.  State  settlements  of  treasurers.  The  salaries  and 
fees  i>rovide(l  in  this  title  shall  be  in  full  compensation  for  all  services 
of  every  kind  and  description  rendered  by  the  officers  named  in  this 
title  either  as  officers  or  ex-officio  officers,  their  deputies  and  assistants, 
unless  in  this  title  otherwise  provided,  and  all  deputies  employed  shall 
be  paid  by  their  principals  out  of  the  salaries  provided  in  this  title, 
unless  in  this  title  otherwise  provided;  provided  and  except,  that  the 
assessor  shall  be  entitled  to  receive  and  retain  for  his  own  use,  unless 
in  this  title  otherwise  provided,  six  per  cent  of  personal  property  tax 
collected  by  him,  as  authorized  by  section  three  thousand  eight  hundred 
twenty,  and   fifteen   per   cent   of   all   amounts   collected   by  him  for  poll 


§  4290  POLITICAL   CODE.  524 

taxes,  and  road  jjoll  taxes,  and  also  five  dollars  per  hundred  names  of 
persons  returned  by  him  as  subject  to  military  duty,  as  provided  in  sec- 
tion one  thousand  nine  hundred  one,  and  shall  also  be  allowed  by  the 
county  his  actual  expense  when  summoned  before  the  state  board  of 
equalization  in  pursuance  of  an  act  entitled  "An  act  to  carry  into  effect 
the  provisions  of  section  fourteen  of  article  thirteen  of  the  constitution 
of  the  state  of  California  as  said  constitution  was  amended  November 
S.  1910,  providing  for  the  separation  of  state  from  local  taxation,  and 
providing  for  the  taxation  of  public  service  and  other  corporations  for 
the  benefit  of  the  state,  all  relating  to  revenue  and  taxation,"  and  the 
license  collector  shall  be  entitled  to  receive  and  retain  for  his  own  use 
ten  per  cent  on  all  licenses  collected  by  him,  except  where  otherwise 
provided  in  this  title;  provided,  however,  that  in  counties  and  cities  and 
counties  of  the  first,  second  and  third  classes,  the  assessor  shall  receive 
no  commission  for  the  collection  of  taxes  on  personal  property,  nor  shall 
such  assessor  receive  any  compensation  or  commission  for  the  collection 
of  poll  taxes  or  road  poll  taxes,  nor  shall  such  assessor  receive  any  com- 
pensation for  making  out  military  roll  of  persons  returned  by  him  as 
subject  to  military  duty,  as  provided  by  section  one  thousand  nine  hun- 
dred one;  nor  shall  the  license  collector  in  counties  and  cities  and 
counties  of  the  first  and  second  classes  receive  any  commission  for 
licenses  collected  by  him;  provided,  further,  that  the  treasurer  shall 
receive  and  retain  for  his  own  use  the  commissions  on  all  inheritance  and 
transfer  taxes  collected  by  him;  and  provided,  further,  that  whenever 
the  treasurer  of  any  county  shall  employ  a  special  attorney  for  the  collec- 
tion of  such  taxes,  said  attorney  shall  be  paid  out  of  the  commissions 
and  fees  allowed  by  law  for  the  collection  of  such  taxes;  provided,  that 
in  any  county  where  the  number  of  judges  of  the  superior  court  shall 
have  been  increased  since  the  first  day  of  January,  1911,  or  shall  hereafter 
be  increased,  there  must  be  and  there  hereby  is  allowed  to  the  sheriff 
of  such  county,  by  reason  of  such  increase,  one  additional  deputy,  to  be 
appointed  by  the  sheriff,  at  a  salary  not  exceeding  one  thousand  two 
liundred  dollars  per  annum,  to  be  paid  at  the  same  time  and  in  the  same 
manner  as  other  county  officers  are  paid,  and  also  there  must  be  and  is 
hereby  allowed  to  the  county  clerk  of  such  county,  one  additional  deputy 
to  act  as  courtroom  clerk,  for  each  judge  so  appointed  or  elected,  at  a 
ealary  not  exceeding  one  thousand  two  hundred  dollars  per  annum  for 
each  of  said  deputies,  to  be  paid  at  the  same  time  and  in  the  same  manner 
county  officers  arc  paid.  The  board  of  supervisors  shall  allow  to  the 
eheriff  his  necessary  expenses  for  pursuing  criminals,  or  transacting  any 
criminal  business,  and  for  boarding  prisoners  in  the  county  jail;  provided, 
that  the  board  of  supervisors  sliall  fix  a  reasonable  price  at  -jvhich  such 
prisoners  shall  be  boarded,  if  not  otherwise  provided  for  in  this  title, 
which  price  shall  not  be  less  than  twelve  cents  for  each  meal  for  each 
[irisoner;  provided,  further,  that  the  sheriff  shall  be  entitled  to  receive  and 
retain  for  liis  own  use,  five  dollars  per  diem  for  conveying  prisoners  to  and 
from  the  state  prisons,  and  for  conveying  persons  to  and  from  the  insane 
asylums,  or  other  state  institutions,  not  otlierwise  provided  for  by  law; 
;ilso,  Jill  expenHCH  necessarily  incurred  in  conveying  insane  persons  to  and 
from  the  insane  asylums  and  in  conveying  persons  to  and  from  the  state 
prisons,  or  otlicr  slate  institutions,  which  per  diem  and  expenses  shall  be 


525  POLITICAL  CODE.  §§  4292-4294 

allowed  by  the  board  of  cxaiiiiners  and  c-ollceted  from  the  state.  The  court 
shall  also  allow  the  sheriff'  his  necessary  expenses  in  keeping  and  preserv- 
ing property  seized  on  attachment  or  executions,  to  be  paid  out  of  the  fees 
collected  in  the  action.  The  sheriff  may  retain  for  his  own  use  the  mileage 
for  service  of  papers  or  process  issued  by  any  court  of  the  state;  provided, 
further,  that  the  county  treasurers  of  the  several  counties  of  this  state, 
where  their  necessary  expense  incurred  in  the  making  of  the  state  settle- 
ments provided  for  by  section  three  thousand  eight  hundred  sixty-six 
shall  exceed  the  maximum  amount  of  mileage  allowed  them  by  section 
three  thousand  eight  hundred  seventy-six  shall  be  allowed  out  of  the 
county  treasury  of  their  respective  counties,  the  amount  of  such  excess, 
which  shall  be  paid  as  other  demands  against  the  county  are  paid;  pro- 
vided, further,  that  in  case  county  or  city  and  county  officers  perform 
municiiJal  duties  imposed  by  a  charter  framed  under  the  provisions  of 
sections  eight  and  eight  and  one-half  of  article  eleven  of  the  constitution 
the  compensation  of  such  officers  and  the  expense  of  such  officers  may  be 
apportioned  by  the  board  of  supervisors  in  proportion  to  the  duties 
rendered  as  county  officers  under  general  laws  and  rendered  as  municipal 
officers  under  charter  provisions,  and  the  compensation  determined  to  be 
for  the  performance  of  municipal  duties  shall  be  paid  from  funds  raised 
for  municipal  purposes  and  the  compensation  determined  to  be  for  county 
duties  shall  be  paid  from  funds  provided  by  sections  three  thousand 
seven  hundred  fourteen  and  four  thousand  three  hundred  five  of  this 
code.     [Amendment  approved  May  29,  1917;  Stats.  1917,  p.  1323.] 

§4292.  Payment  of  fees  into  county  treasury.  All  salaried  officers  of 
the  several  counties  and  townships  of  this  state  shall  charge  and  collect 
for  the  use  of  their  respective  counties,  and  pay  into  the  county  treasury, 
on  or  before  the  fifth  day  of  each  month,  the  fees  now  or  hereafter 
allowed  by  law  in  all  cases,  except  where  such  fees,  or  a  percentage 
thereof,  is  allowed  such  officers,  and  excepting  also  such  fees  as  are  a 
charge  against  the  county.      [Approved  May  25,  1917;  Stats.  1917,  p.  937.] 

§  4293.  Record  of  fees.  Each  of  the  officers  authorized  to  receive 
fees  under  the  provisions  of  this  title  must  keep  a  record,  open  to  the 
public  inspection  during  office  liours,  in  which  must  be  entered,  at  once 
and  in  detail,  all  fees  or  compensation,  and  fines,  of  whatever  nature, 
kind,  or  description,  collected  or  chargeable.  On  the  first  day  of  each 
and  every  month,  the  officer  must  add  up  each  column  in  his  book  to  the 
first  day  of  the  month,  and  set  down  the  totals.  On  the  expiration  of  the 
term  of  such  officer,  he  must  deliver  all  such  records  kept  by  him  to  the 
county  auditor.  [Amendment  approved  May  25,  1917;  Stats.  1917, 
p.   937.] 

§4294.  Statement  filed  with  auditor.  Form  of  affidavit.  Each  of  the 
officers  authorized  to  receive  fees  under  'the  provisions  of  this  title 
must  pay  the  fees  and  compensation  and  fines  collected  and  chargeable 
for  the  county  in  each  month,  to  the  treasurer  on  or  before  the  fifth  day 
in  the  following  month  and  must  file  with  the  auditor  a  statement,  duly 
verified,  showing  the  amounts  and  kinds  of  fees,  compensation,  and  fines 
collected  or  chargeable,  the  amounts   collected  and  the  amount  of  trust 


§§  4295-4300a  political  code.  526 

moneys  received,  disbursed,  and  on  hand.  The  affidavit  shall  be  in  sub- 
stantially the  following  form: 

"I,  A.  B.,  county  clerk  (or  other  officer,  as  the  case  may  be),  do  swear 
that  the  fee  record  in  my  office  contains  a  true  statement  in  detail  of 
all  fees  and  compensation  of  every  kind  and  nature  for  official  services 
rendered  by  me,  my  deputies  and  assistants,  and  the  amount  of  all  fines, 

and  trust  money,  received,  disbursed  and  on  hand,  for  the  month  of , 

A..   D.  ,  and   that  said  fee  record  shows   a  full  amount  received  or 

chargeable  in  said  month,  and  that  neither  myself,  nor  to  my  knowledge 
or  belief,  any  of  my  deputies  or  assistants  have  rendered  any  official 
service,  except  as  provided  in  sections  four  thousand  two  hundred  ninety- 
five  and  four  thousand  two  hundred  ninety-seven  of  the  Political  Code, 
which  is  not  fully  set  out  in  said  fee  record  and  that  the  foregoing  state- 
ment thereof  and  of  other  matters,  is  complete,  true,  and  correct." 

The  auditor  shall  file  and  preserve  in  his  office  said  statements  and 
affidavits.      [Amendment  approved  May  25,  1917;  Stats.  1917,  p.  937.] 

§  4295.  Prepayment  of  fees  for  official  services.  State,  county,  and 
township  officers  shall  not  in  any  case  except  in  proceedings  upon  habeas 
corpus  perform  any  official  services  unless  upon  the  prepayment  of  such 
fees  as  are  prescribed  by  law  for  the  performance  of  such  services;  pro- 
vided, that  the  state,  or  any  county,  city,  or  city  and  county,  or  any 
public  officer,  or  board,  or  body  acting  in  his  or  its  official  capacity  on 
behalf  of  the  state,  or  any  county,  city  or  city  and  county,  shall  not 
be  required  to  pay  or  deposit  any  fee  for  the  filing  of  any  document  or 
paper  or  for  the  performance  of  any  official  service;  provided,  further, 
that  the  state,  or  any  county,  city,  or  city  and  county,  or  any  public 
officer  or  board,  or  body,  acting  in  his  or  its  official  capacity  on  behalf  of 
the  state,  or  any  county,  city,  or  city  and  county,  shall  not  collect, 
demand,  or  receive  any  fee  or  compensation  for  any  service  whatever 
rendered  in  the  matter  of  a  pension  claim,  application,  affidavit,  voucher, 
or  furnishing  a  verified  copy  of  the  public  record  of  a  marriage,  death, 
or  divorce  or  making  a  search  for  same,  wherein  the  same  is  to  be  used  in 
a  claim  for  a  pension.  Said  services  to  be  rendered  on  the  request  of  a 
United  States  official,  a  claimant  or  his  or  her  attorney,  and  for  every 
failure  or  refusal  so  to  do  such  officer  shall  be  liable  on  his  official  bond. 

Upon  the  payment  by  any  person  of  the  fees  required  by  law,  the  officer 
must  perform  the  services  required,  and  for  every  failure  or  refusal 
so  to  do  such  officer  shall  be  liable  on  his  official  bond.  [Amendment  ap- 
proved May  26,   1917;   Stats.   1917,  p.   1175.]. 

§  4300a.  Fees  of  comity  clerk.  In  addition  to  the  charges  otherwise 
provided  for  by  law,  the  county  clerk  shall  charge  and  collect  the  fol- 
lowing fees: 

For  filing  the  first  paper  jn  a  civil  action  or  in  a  special  proceeding, 
except  a  probate  proceeding  or  an  adoption  jsroceeding,  five  dollars. 

For  filing  the  papers  transmitted  from  another  county  on  the  transfer 
of  a  civil  action  or  a  special  proceeding,  except  a  probate  proceeding  or 
an   adoption  proceeding,   five   dollars. 

For  filing  tlie  papers  transmitted  on  appeal  from  a  justice's  court  in  a 
civil  action  or  a  special  proccedi^jg,  liva  dollars. 


527  POLITICAL  CODE.  §  4300a 

On  the  appearance  of  any  defendant,  or  any  number  of  defendants 
appearing  jointly,  except  disclaimer,  to  be  paid  upon  filing  the  first  paper 
in  the  action  by  him  or  them,  two  dollars;  and  for  every  additional  de- 
fendant  appearing   separately,   one   dollar. 

For  filing  a  petition  for  letters  of  administration,  a  petition  for  special 
letters  of  administration,  a  petition  for  letters  testamentary  or  a  peti- 
tion for  letters  of  guardianship,  five  dollars;  provided,  that  when  either 
the  public  administrator  or  the  secretary  of  the  state  commission  in 
lunacy,  in  his  ofiicial  capacity  is  the  petitioner,  he  shall  be  required  to 
pay  said  fee  only  out  of  the  assets  of  the  estate  coming  into  his  pos- 
session; provided,  that  only  one  fee  must  be  collected  by  any  one  estate 
or  guardianship  matter.  On  placing  any  action  or  proceeding  for  the 
first  time  on  the  calendar  for  hearing  or  trial,  to  be  paid  by  the  party 
at  whose  request  such  action  or  proceeding  is  so  placed,  two  dollars;  pro- 
vided, no  fee  shall  be  charged  for  probate,  adoption  or  criminal  proceed- 
ings or  default  cases  in  civil  actions. 

For  issuing  an  execution,  or  order  of  sale,  one  dollar. 
The   foregoing  fees   shall  be   in   full  for   all  services   rendered  by  the 
county  clerk  to  and  including  the  making  up  of  the  judgment-roll  in  any 
action  or  proceeding  except  for  making  or  certifying  to  copies  of  filed 
papers  or  records. 

For  filing  or  docketing  an  abstract  of  judgment  from  a  justice's  court, 
one   dollar. 

On  filing  the  petition  to  contest  any  will  or  codicil,  three  dollars. 
For  filing  any  notice  of  intention  to  move  for  a  new  trial  of  any  civil 
action  or  special  proceeding,  two  dollars. 

For  preparing  a  copy  of  any  record,  proceeding,  or  paper  on  file  in 
his  office  per  folio,  ten  cents. 

For  each  certificate  of  the  clerk,  except  a  certificate  to  a  copy  of  a 
filed  record,  paper  or  proceeding  or  a  certificate  in  connection  with  a 
governmental  civil  service  examination,  twenty-five  cents. 

No  fees  shall  be  charged  by  the  clerk  for  services  rendered  in  any 
criminal  action  or  adoption  proceedings,  except  for  making  or  certifying 
to  copies  of  proceedings. 

For  issuing  a  marriage-  license,  one-half  to  be  paid  to  the  county 
recorder,  two  dollars.  This  fee  shall  be  in  full  for  all  services  in  con- 
nection with  the  issuance  of  a  marriage  license. 

For  filing  and  indexing  articles  of  incorporation,  amended  articles  of 
incorporation  or  a  certified  copy  of  articles  of  incorporation,  one  dollar. 
For  filing  a  certificate  of  increase  of  the  capital  stock  of  a  corporation, 
one  dollar. 

For  filing  a  certificate  of  decrease  of  the  capital  stock  of  a  corporation, 
one  dollar. 

For  filing  a  certificate  of  increase  of  the  number  of  directors  of  a  cor- 
poration, one  dollar. 

For  filing  certificate  of  decrease  of  the  number  of  directors  of  a  cor- 
poration, one  dollar. 

For  filing  a  certificate  of  notice  of  removal  of  the  principal  place  of 
business  of   a  corporation,   one   dollar. 

For  filing  a  certificate  of  creation  of  bonded  indebtedness  of  a  cor- 
poration, one  dollar. 


§  4300e  POLITICAL  CODE.  528 

For  filing  a  certificate  of  increase  of  bonded  indebtedness  of  a  cor- 
poration, one  dollar. 

For  filing  any  charter,  by-laws,  or  any  other  certificate,  etc.,  of  any 
corporation,  granting  power  to  do  business  in  this  state,  one  dollar. 

For  filing  and  indexing  a  certificate  of  partnership,  including  affidavit 
of  publication,  one  dollar. 

For  filing  and  indexing  a  certificate  uf  fictitious  name,  including  affi- 
davit  of   publication,    one   dollar. 

For  filing  and  indexing  an  auctioneer's  bond,  one  dollar. 

For  filing  and  indexing  all  papers  other  than  papers  filed  in  actions  or 
special  proceedings,  official  bonds,  certificates  of  appointment,  or  papers 
for  which  a  charge  is  not  elsewhere  provided,  one  dollar. 

For  either  recording  or  registering  any  license  or  certificate  or  issuing 
any  certificate,  or  both,  in  connection  with  a  license,  required  by  law, 
for  which  a  charge  is  not  otherwise  prescribed,  one  dollar. 

For  examining  and  certifying  to  any  copy  of  any  paper,  record  or  pro- 
ceeding prepared  by  another  and  presented  for  his  certificate,  fifty  cents, 
and  one  cent  per  folio  for  comparing  the  said  copy  with  the  original. 

For  taking  any  affidavit,  except  in  criminal  cases,  or  adoption  pro- 
ceedings, or  in  connection  with  governmental  civil  service  examinations, 
fifty  cents. 

For  searching  records  or  files,  of  each  year,  fifty  cents. 

For  taking  and  approving  each  undertaking,  and  the  justification 
thereof,  except  in  criminal  cases,  for  each  signature,  fifty  cents. 

For  taking  acknowledgment  of  any  deed  or  other  instrument,  including 
the  certificate,  for  each  signature,  fifty  cents. 

For  exemplification  of  record  or  other  paper  on  file  besides  the  charges 
allowed  for  copying  or  comparing,  one  dollars.  [Amendment  approved 
May  23,  1917;  Stats.  1917,  p.  902.] 

§  4:300e.  Fees  of  justices  of  the  peace.  Justices  of  the  peace,  except  as 
in  this  title  otherwise  provided:  For  all  services  to  be  performed  by  him 
before  trial,  in  a  civil  action,  two  dollars;  and  for  the  trial  of  either  a 
question  of  law  or  fact,  and  all  proceedings  subsequent  thereto,  including 
all  affidavits,  swearing  witnesses  and  jury,  and  the  entry  of  judgment 
and  issuance  of  execution  thereon,  three  dollars,  to  be  paid  when  such 
trial  is  calendared  for  hearing.  For  all  services  in  a  criminal  action  or 
j)roceeding,  wiiether  on  examination  or  trial,  three  dollars.  For  taking 
bail  after  commitment  by  another  magistrate,  fifty  cents.  For  certificate 
and  transmitting  transcript  and  papers  on  appeal,  one  dollar.  For  copies 
of  papers  on  docket,  ])er  folio,  ton  cents.  For  issuing  a  search  warrant, 
to  be  paid  by  the  party  demanding  the  same,  fifty  cents.  For  taking  an 
acknowledgment  of  any  instrument,  for  the  first  name,  fifty  cents; 
for  each  adilitioiml  iiiiiiie,  twenty-five  cents.  For  taking  deposition,  per 
folio,  fifteen  cents.  For  atlmiiiistering  an  oath,  and  certifying  the  same, 
twcniy-fivo  cents.  For  issuing  a  commission  to  take  testimony,  fifty 
cents.  For  all  services  connected  with  the  posting  of  estrays,  one  dollar. 
In  caHes  before  a  justice  of  the  peace,  when  the  venue  shall  be  changed, 
tlie  justice  before  whom  the  action  shall  be  brought,  for  all  services 
rendered,  including  the  making  up  aiid  transmission  of  the  transcript  and 
papers,   shall    receive   one   dollar;    ;ini|    the   justice  before   whom   the   trial 


529  POLITICAL  CODE.  §  4;3(j()c 

.shall  take  place  shall  receive  the  same  fees  as  if  the  action  had  been 
commenced  before  him.  For  receiving  and  filing  an  abstract  of  judg- 
ment rendered  by  a  justice  or  judge  of  another  jurisdiction,  and  for  sub- 
sequent services  based  thereon,  two  dollars.  For  performing  the  duties 
of  coroner,  when  the  coroner  fails  to  act,  the  same  fees  and  mileage 
as  are  allowed  the  coroner  in  all  cases.  For  issuing  each  process,  writ, 
order  or  paper  required  by  law  to  be  issued  not  otherwise  in  this  article 
provided  for,  twenty-five  cents.  For  administering  oath  or  affirmation 
not  otherwise  in  this  article  provided  for,  ten  cents.  For  each  certificate 
or  affidavit  not  otherwise  in  this  article  provided  for,  twenty-five  cents. 
For  taking  and  approving  bond  or  undertaking,  including  the  justification 
of  sureties,  fifty  cents.  [Amendment  approved  April  24,  1917;  Stats. 
1917,  p.  173.] 
34 


GENEEAL  LAWS 

OF  THE 

STATE  or  CALIFOMIA. 

AMENDMENTS  OF  1917. 

TITLE  6. 

ADULTEEATION. 
ACT  29. 

An  act  to  prevent  the  manufacture,  sale  or  transportation  of  adulterated, 
mislabeled  or  misbranded  foods  and  liquors  and  regulating  the  traffic 
therein,  jjroviding  penalties,  establishing  a  state  laboratory  for 
foods,  liquors   and   drugs  and  making  an  appropriation   therefor. 

[Approved  March  11,  1907,     Stats.  1907,  p.  208.] 
Amended  1909,  pp.  51,  353;  1911,  p.  1114;  1915,  p.  170;  1917,  p.  1641. 
The  amendment  of  1917  follows: 

'  §  3.  Standard  of  purity.  The  standard  of  purity  of  food  and  liquor 
shall  be  that  proclaimed  by  the  secretary  of  the  United  States  depart- 
ment of  agriculture.  Nothing  in  this  section  contained  shall  authorize  or 
permit  any  adulteration  of  any  food  or  liquor  because  the  standard  of 
purity  of  such  food  or  liquor  shall  not  be  proclaimed  by  the  secretary 
of  the  United  States  department  of  agriculture.  [Amendment  approved 
June  1,  1917;  Stats.  1917,  p.  1641.] 

§  9.  Laboratory  for  analysis  of  foods  and  drugs.  Duties  of  director, 
etc.  Salaries.  Assistants.  For  the  purpose  of  this  act  there  is  hereby 
established  a  state  laboratory  for  the  analysis  and  examination  of  foods 
and  drugs,  which  shall  be  under  the  supervision  of  the  state  board  of 
health,  which  laboratory  shall  be  located  at  such  place  as  the  state  board 
of  health  may  select.  The  state  board  of  health  shall  appoint  a  director 
of  said  laboratory,  consulting  nutrition  expert,  and  an  assistant  to  such 
director,  all  of  whom  shall  be  skilled  pharmaceutical  chemists  and  ana- 
lysts -of  foods  and  drugs.  Said  director  shall  perform  all  duties  re- 
quired by  this  act  and  which  shall  be  required  by  the  state  board  of 
health.  Said  consulting  nutrition  expert  shall  at  all  times  be  ready  for 
consultation  with,  give  advice  to,  and  perform  duties  in  connection 
with  the  director  of  said  laboratory,  and  shall  at  all  times  be  under  the 
supervision  of  and  perform  such  duties  under  this  act  as  are  required 
by  the  state  board  of  health.  As  a  part  of  his  duties  he  shall  consult 
and  advise  with  the  state  board  of  control  concerning  standards  of 
purity  and  other  matters  relating  to  foods  and  drugs  purchased  by  the 
state  of  California  for  any  or  all  of  its  institutions.     The  assistant  shall 

(531) 


Act  29,  §§  10,  20  GENERAL    LAWS.  532 

be  under  the  supervision  of  the  director  and  shall  perform  all  duties 
required  of  him  by  the  director  and  by  the  state  board  of  health. 

The  director  shall  receive  an  annual  salary  of  three  thousand  six 
hundred  dollars,  the  consulting  nutrition  expert  shall  receive  an  annual 
salary  of  one  thousand  two  hundred  dollars  and  the  assistant  to  the 
director  shall  receive  an  annual  salary  of  one  thousand  eight  hundred 
dollars.  All  such  salaries  shall  be  paid  in  the  same  manner  and  at  the 
same  time  as  the  salaries  of  state  officers. 

The  state  board  of  health,  out  of  the  appropriation  hereinafter  pro- 
vided, and  out  of  the  funds  derived  from  the  operation  of  this  act,  may 
employ  and  fix  the  compensation  of  other  and  additional  clerical  and 
professional  assistants.  [Amendment  approved  June  1,  1917;  Stats. 
1917,  p.  1641.] 

§  10.  Suspected  food  to  be  analyzed.  Duty  of  sheriffs.  Powers  of 
inspectors.  The  state  board  of  health  or  its  secretary,  shall  cause  to  be 
made  by  the  said  director  of  the  state  laboratory,  or  under  his  super- 
vision, examinations  and  analyses  of  food  and  liquor  on  sale  in  Cali- 
fornia, suspected  of  being  adulterated,  mislabled  or  misbranded  at  such 
times  and  places  and  to  such  extent  as  said  board  or  its  secretary  may 
determine,  and  may  appoint  such  agent  or  agents,  as  it  may  deem  neces- 
sary, and  the  sheriffs  of  the  respective  counties  of  the  state  are  hereby 
appointed  and  constituted  agents  for  the  enforcement  of  this  act,  and 
any  agent  or  sheriff  shall  have  free  access,  at  all  reasonable  hours,  for 
the  purpose  of  examining  any  place  where  it  is  suspected  that  any  arti- 
cle of  adulterated,  mislabled  or  misbranded  foods  exist,  and  such  agent 
or  sheriff  upon  tendering  the  market  price  of  said  articles,  if  a  sale  be 
refused,  may  take,  from  any  person,  firm  or  corporation  samples  of  any 
articles  suspected  of  being  adulterated,  mislabeled  or  misbranded,  and 
shall  deliver  or  forward  such  samples  to  the  said  director  of  the  state 
laboratory  for  examination  and  analysis.  The  director  of  the  state 
laboratory,  the  agents  and  inspectors  of  the  state  board  of  health  shall 
have  the  same  powers  as  are  possessed  by  peace  officers  in  this  state. 
[Amendment  approved  June  1,  1917;  Stats.  1917,  p.  1642.] 

§  20.     Penalty.     Adulterated  food  seized.    Adulterated  food  destroyed. 

Any  person,  firm,  eoiiipany  or  corporation  violating  any  of  the  provi- 
sions of  this  act  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
shall  be  punished  bj'  a  fine  of  not  less  than  five  dollars  nor  more  than 
five  hundred  dollars,  or  shall  be  imprisoned  in  the  county  jail  for  a 
Icrm  not  exceeding  six  months,  or  by  botli  such  fine  and  imprisonment. 
Whenever  the  director  of  tlie  state  laboratory  shall  find  after  investiga- 
tion and  examination  that  any  article  of  food  found  in  the  possession 
of  any  person,  firm,  company  or  corporation  is  adulterated,  misbranded 
or  mislabeled  within  the  meaning  of  tliis  act,  he  may  seize  such  article 
of  food  and  tag  the  same  "quarantined,"  and  said  article  of  food  shall 
not  thereafter  be  sold,  offered  for  sale,  removed  or  otherwise  disposed  of 
[lending  liearing  and  final  disposition  as  in  this  act  provided. 

Whenever  the  director  of  the  state  laboratory  or  any  agent  or  inspec- 
tor of  tiie  state  board  of  health  sliall  find  any  article  of  food  adulter- 
ated within  the  meaning  of  tlie  sixth  subdivision  of  section  four  of  this 


&33  ADULTERATION.  Acts  -iTb,  47c,  §  1 

act,  he  may  seize  sueli  article  of  food  and  tag  tlie  same  "quarantined" 
and  said  article  of  food  shall  not  thereafter  be  sold,  offered  for  sale, 
removed  or  otherwise  disposed  of  until  further  notice  in  writing  from 
said  director  of  the  state  laboratory.  Food  found  to  be  adulterated, 
mislabeled  or  misbranded  within  the  meaning  of  this  act  may,  by  order 
of  any  court  or  judge,  be  seized  and  destroyed.  [-Amendment  approved 
June  1,  1917;  Stats.  1917,  p.  1642.] 

ACT  47b. 

An  act  to  prevent  the  sale  of  impure  and  unwholesome  milk,  to  grade 
milk,  to  provide  rules  and  regulations  therefor,  and  to  empower 
cities,  groups  of  cities,  counties  and  groups  of  counties,  or  cities  and 
counties,  to  establish  inspection  service;  to  provide  for  the  enforce- 
ment of  this  act;  to  prescribe  penalties  for  violation  of  the  provi- 
sions hereof;  and  to  make  an  appropriation  therefor.  [Approved 
June  11,  191.J.     Stats.  1915,  p.  147S.] 

Repealed  1917,  p.  803.     See  next  Act. 

ACT  47c. 

An  act  to  prevent  the  sale  of  impure  and  unwholesome  milk,  butter, 
ice-cream  and  other  milk  products;  to  declare  ice-cream  a  milk 
product;  to  grade  milk;  to  provide  rules  and  regulations  therefor, 
and  to  empower  cities,  groups  of  cities,  counties  and  groups  of 
counties,  or  cities  and  counties,  to  establish  inspection  service;  to 
provide  for  the  enforcement  of  this  act;  to  prescribe  penalties  for 
violation  of  the  provisions  hereof;  and  to  repeal  an  act  entitled,  "An 
act  to  prevent  th©  sale  of  impure  and  unwholesome  milk,  to  grade 
milk,  to  provide  rules  and  regulations  therefor,  and  to  emjjower 
cities,  groups  of  cities,  counties  and  groups  of  counties,  or  cities 
and  counties,  to  establish  inspection  service;  to  provide  for  the  en- 
forcement of  this  act;  to  prescribe  penalties  for  violation  of  the 
provisions  hereof;  and  to  make  an  appropriation  therefor,"  approved 
June  11,  1915. 

[Approved  May  22,  1917.     Stats.  1917,  p.  803.     In  effect  July  27,  1917.] 

§  1.  Milk  must  be  pasteurized.  Cream  for  butter.  Butter  used  in 
manufacture  of  foodstuffs.  Marking  of  butter.  Ice-cream  a  milk  pro- 
duct. It  shall  be  unlawful  for  any  person,  firm  or  corporation,  except 
in  bulk  to  the  wholesale  trade,  to  sell  or  exchange  or  offer  or  expose 
for  sale  or  exchange  for  human  consumption  any  milk  from  cows  that 
have  not  passed  the  tuberculin  test,  until  it  has  been  pasteurized  by 
the  holding  process  at  a  temperature  not  less  than  one  hundred  forty 
degrees  Fahrenheit  for  twenty-five  minutes;  provided,  that  milk  for 
drinking  purposes  shall  not  be  heated  for  more  than  one  hour  nor  above 
one  hundred  fortiy-five  degrees  Fahrenheit;  provided,  further,  that 
cream  that  is  to  be  manufactured  into  butter  may  be  pasteurized  by 
heating  it  to  a  higher  degree  than  milk  and,  when  the  same  is  uni- 
formly heated  to  and  held  at  a  higher  degree  of  temperature  than  one 
hundred  fifty-one   degrees  Fahrenheit,   the   time   for  holding  may  be  de- 


Act47c,  §§2,  3  GENERAL   LAWS.  534 

creased  from  twenty-five  minutes  by  one  minute  for  each  degree  of 
temperature  over  one  hundred  fifty-one  degrees  Fahrenheit.  It  shall 
further  be  unlawful  for  any  person,  firm  or  corporation  to  sell  or  ex- 
change or  offer  or  expose  for  sale  or  exchange  for  human  consumption 
any  butter,  ice  cream  or  other  milk  products  except  cheese  and  butter 
as  hereinafter  provided,  into  the  composition  of  which  any  milk  enters 
other  than  that  permitted  in  this  section  of  this  act,  to  be  sold  at  retail 
for  human  consumption;  provided,  that  nothing  in  this  act  shall  be 
construed  to  prohibit  the  use  or  sale  of  butter  that  is  not  pasteurized 
or  butter  that  is  not  the  product  of  nonreacting  tuberculin-tested  cows; 
provided,  that  said  butter  be  used  by  manufacturers  of  foodstuffs  only 
and  in  the  manufacture  of  such  foodstuffs  said  butter  shall  be  subjected 
to  a  minimum  temperature  of  two  hundred  twenty-five  degrees  Fahren- 
heit; and  provided,  further,  that  it  shall  be  unlawful  to  use  any  such 
butter  except  in  the  manufacture  of  food  subjected  to  said  tempera- 
ture. Butter  offered  for  sale  for  human  consumption  shall  be  marked: 
"From  nonreacting  tuberculin-tested  cows,"  or  "Pasteurized,"  as  the  case 
may  be.  Butter,  which,  by  the  provisions  of  this  act,  is  permitted  to  be 
used  for  cooking  and  baking  purposes  only  shall  be  marked  "for  cook- 
ing and  baking  only."  Ice-cream  is  hereby  declared  to  be  a  milk  product. 
For  the  purpose  of  this  act  milk  shall  be  construed  to  include  cream. 

§  2,  Sale  of  milk  where  milk  inspection  service  established.  It  shall 
be  unlawful  for  any  person,  firm  or  corporation  to  sell  or  exchange,  or 
offer  or  expose  for  sale  or  exchange,  in  any  city,  county,  or  city  and 
county,  in  which  a  milk  inspection  service,  .approved  by  the  state  dairy 
bureau,  has  been  established,  any  milk  otherwise  than  as  hereinafter 
provided  in  this  act,  and  for  the  purpose  of  this  act,  the  term  "inspect- 
ing department"  shall  be  construed  to  mean  the  health  department  of 
a  county  or  group  of  counties,  city  or  group  of  cities,  or  city  and  county 
maintaining  a  milk  inspection  service  approved  by  the  state  dairy 
bureau,  and  such  inspecting  department  shall  include  at  least  one  regu- 
larly licensed  physician.  It  shall  be  unlawful  for  any  person,  firm  or 
corporation  to  sell  or  exchange,  or  offer  or  expose  for  sale  or  exchange 
any  milk  as  and  for,  or  under  the  designation,  label  or  other  represen- 
tation of  "guaranteed,"  "grade  A,"  or  "grade  B"  milk,  except  within  a 
county  or  group  of  counties,  city  or  group  of  cities,  or  city  and  county 
maintaining  a  milk  inspection  service  approved  by  the  state  dairy  bureau; 
provided,  that  a  person,  firm  or  corporation,  which  is  authorized  to  sell 
milk  within  the  jurisdiction  of  an  inspecting  department  may  sell  milk 
from  the  same  sufiply,  of  the  same  quality,  in  similar  containers,  and 
under  the  same  l;ilicl  in  territory  outside  the  jurisdiction  of  any  inspect- 
ing department,  if  local  ordinances  are  not  thereby  violated,  and  also 
in  territory  within  the  jurisdiction  of  any  other  inspecting  department; 
jirovided,  the  consent  of  said  other  inspecting  department  has  been 
previously  obtained. 

§  3.  Milk  not  to  be  sold  for  human  consumption.  All  milk  sold  or 
exchanged  or  olTcfred  or  exposed  for  sale  or  cxcliange  except  in  bulk  to 
the  wliolesah'  trade  in  any  county  or  group  of  counties,  city  or  group 
of  cities  or  city  and  county,  in  wliicli  a  milk  inspection  service,  approved 
hy    the   stall'    dairy    liureaii    has   b(H>ii    estaldisliod,    except   certified    Tuilk, 


535  ADULTERATION.  Act47c,  §§4-6 

guaranteed  milk,  grade  A  milk  and  grade  B  milk,  is  hereby  declared  to 
be  impure  and  unwholesome  and  must  not  be  sold  for  human 
consumption. 

§  4.  Grades  of  milk.  Where  an  inspection  service  is  maintained  as 
provided  in  section  two  of  this  act,  milk  shall  be  graded  as  follows: 
Certified  milk,  guaranteed  milk,  grade  A  milk,  grade  B  milk  and  milk 
not  suitable  for  human  consumption;  provided,  that  milk  sold  or  ex- 
changed or  offered  or  exposed  for  sale  or  exchange  as  and  for,  or  under 
the  designation,  label  or  other  representation  of  "guaranteed,"  "grade 
A"  or  "grade  B,"  milk  shall  have  the  grade  and  whether  raw  or  pasteur- 
ized marked  on  the  container  or  cap  of  the  container  in  capital  letters 
not  less  than  one-eighth  inch  long  and  one-sixteenth  inch  wide;  and 
provided,  further,  that  milk  not  suitable  for  human  consumption  shall 
be  plainly  so  marked. 

§  5.  Approval  of  inspecting  department.  No  person,  firm  or  corpora- 
tion shall  sell  or  exchange,  or  offer  or  expose  for  sale  or  exchange,  as  or 
for  guaranteed  milk,  any  milk,  raw  or  pasteurized  the  quality  of  which 
is  guaranteed  by  the  dealer,  without  approval  in  writing  of  the  inspect- 
ing department,  which  milk  must  be  of  a  higher  standard  than  that 
required  for  grade  A  raw  milk. 

§  6.  EecLuirements  for  grade  A  milk.  Dairies  having  not  more  than 
two  cows.  Sterile  containers.  Bacteria  content.  No  person,  firm  or 
corporation  shall  sell  or  exchange,  or  offer  or  expose  for  sale  or  ex- 
change, as  and  for  grade  A  milk,  any  milk  that  does  not  conform  to  the 
rules  and  regulations  and  the  methods  and  standards  for  production  and 
distribution  of  grade  A  milk  adopted  by  the  inspecting  department. 

Grade  A  milk  shall  conform  to  the  following  requirements  as  a  mini- 
mum: If  raw,  it  shall  consist  of  the  clean  raw  milk  from  healthy  cows 
as  determined  by  physical  examination  at  least  once  in  six  months  by 
a  qualified  veterinarian  under  the  supervision  of  the  inspecting  depart- 
ment, and  by  the  tuberculin  test  by  a  qualified  veterinarian  under  the 
supervision  of  the  state  veterinarian,  and  from  dairies  that  score  not 
less  than  seventy  per  cent  on  the  score  card  hereinafter  set  forth;  pro- 
vided, however,  that  dairies  having  not  more  than  two  milking  cows, 
and,  which  are  found  by  any  such  inspecting  department  to  comply  fully 
with  the  remaining  provisions  of  this  act  are  hereby  exempted  from 
such  scoring  requirements  and  from  the  use  of  the  labels  prescribed  in 
section  four  hereof.  The  tuberculin  test  must  be  repeated  annually  if 
no  reacting  animals  are  found  in  the  herd.  If  reacting  animals  are 
found  they  must  be  removed  from  the  herd,  and  the  tuberculin  test  re- 
peated in  six  months.  All  cows  are  to  be  fed,  watered,  housed  and 
milked  under  conditions  approved  by  the  inspecting  department.  All 
persons  who  come  in  contact  with  the  milk  must  exercise  scrupulous 
cleanliness  and  must  not  harbor  the  germs  of  typhoid  fever,  tubercu- 
losis, diphtheria  or  other  infectious  diseases  liable  to  be  conveyed  by 
milk.  Absence  of  such  infections  shall  be  determined  by  cultures  and 
physical  examination,  to  the  satisfaction  of  the  inspecting  department. 


Act  47c,  §§7-9  GENERAL   LAWS.  536 

This  milk  is  to  be  delivered  in  sterile  containers  and  is  to  be  kept  at 
a  temperature  established  by  the  inspecting  department  until  it  reaches 
the  ultimate  consumer,  when  it  must  contain  less  than  one  hundred 
thousand  bacteria  per  cubic  centimeter.  If  pasteurized  it  shall  come 
from  coves  free  from  disease  as  determined  by  physical  examination  at 
least  once  in  six  months,  by  a  qualified  veterinarian  under  the  super- 
vision of  the  inspecting  department.  Tt  shall  contain  less  than  two 
hundred  thousand  bacteria  per  cubic  centimeter  before  pasteurization 
and  less  than  fifteen  thousand  bacteria  per  cubic  centimeter  at  the  time 
of  delivery  to  the  ultimate  consumer.  Dairies  from  which  this  milk  is 
derived  must  score  at  least  sixty  on  the  score  card  hereinafter  set  forth. 

§  7.     Requirements  for  grade  B  milk.     Pasteurization.     Records.     No 

person,  firm  or  corporation  shall  sell  or  exchange,  or  offer  or  expose  for 
sale  or  exchange,  as  and  for  grade  B  milk,  any  milk  that  does  not  con- 
form to  the  following  requirements  as  a  minimum:  It  must  be  obtained 
from  cows  in  no  way  unfit  for  the  production  of  milk  or  use  by  man,  as 
determined  by  physical  examination  at  least  once  in  six  months  by  a 
qualified  veterinarian  under  the  supervision  of  the  inspecting  depart- 
ment. Before  pasteurization  such  milk  shall  contain  less  than  one  mil- 
lion bacteria  per  cubic  centimeter.  After  pasteurization  it  shall  con- 
tain less  than  fifty  thousand  bacteria  per  cubic  centimeter. 

Milk  for  pasteurization  must  be  kept  at  a  temperature  established  b}' 
the  inspecting  department  up  to  the  time  of  delivery  to  the  pasteuriza- 
tion plant  and  rapidly  cooled  after  pasteurization  to  a  temperature  of 
fifty  degrees  Fahrenheit  or  below  and  so  maintained  to  the  time  of  de- 
livery of  the  same.  Pasteurization  shall  be  by  the  holding  method  at 
a  temperature  not  less  than  one  hundred  forty  degrees  Fahrenheit; 
provided,  that  milk  for  drinking  purposes  shall  not  be  heated  above  one 
hundred  forty-five   degrees  Fahrenheit. 

Such  pasteurizing  plant  shall  be  equipped  with  a  self-registering  de- 
vice for  record  of  the  time  and  temperature  of  pasteurization.  Such 
records  shall  be  kept  for  two  months  and  be  available  for  inspection  by 
any  health  department,  the  state  veterinarian  or  any  of  his  agents;  or 
the  state  dairy  bureau.  Pasteurized  milk  shall  be  marked  with  the  day 
of  the  week  of  pasteurization  and  must  be  delivered  to  the  consumer 
within  forty-eight  hours  thereafter.  If  milk  is  repasteurized,  it  must 
not  be  sold  except  as  not  suitable  for  human  consumption;  provided, 
however,  if  graded,  cream  of  any  grade  shall  conform  to  all  the  stand- 
ards set  for  milk  of  the  same  grade,  except  that  the  maximum  bacterial 
count  for  cream  shall  be  not  more  than  two  times  as  great  as  that  of 
the  corresponding  grade  of  milk. 

§  8.     Milk  not  suitable  for  human  consumption.     Milk  not  suitable  for 

liuman  consunijdioTi  may  be  sold  for  industrial  purposes,  provided  it  be 
heated  to  a  higher  temperature  than  necessary  for  pasteurization,  and 
delivered  in  a  distinctive  container,  plainly  marked  with  the  words 
"Not  suitable  for  human  consumption,"  in  letters  not  less  than  one- 
(jiiarter  inch  in  length  and  one-twelfth  inch  stroke. 

§9.  Counties,  etc.,  may  maintain  Inspection  service.  Counties,  or 
groujis  of  counties,  cities  or  groups  of  citi(>s,  or  cities  and  counties,  are 
hcrey)y  authorized  to  maiutain  a   milk   inspection  service  and  laboratory 


537  ADULTERATION.  Act  4:7c.  §§  lO-l-i 

conformable  to  requirements  as  set  forth  by  the  state  dairy  bureau,  ami 
to  establisli  pasteurizing  plants. 

§  10.  Penalty  for  violation.  Any  person  who  shall  violate  any  pro- 
vision of  this  act  or  the  rules  made  in  accordance  with  section  eleven  of 
this  act  shall  be  guilty  of  a  misdemeanor  and  upon  conviction  shall  be 
punished  by  a  tine  of  not  less  than  twenty-five  dollars  nor  more  than 
two  hundred  dollars,  or  by  imprisonment  in  the  county  jail  for  not  less 
than  ten  days  nor  more  than  sixty  days,  or  by  both  such  fine  an 'I  im- 
prisonment. One-half  of  all  such  fines  shall  be  paid  into  the  state  treas- 
ury and  placed  to  the  credit  of  the  general  fund. 

§  11.  Duty  of  state  dairy  bureau.  It  shall  be  the  duty  of  the  state 
dairy  bureau,  with  the  assistance  of  the  pure  food  and  drugs  laboratory, 
to  enforce  all  the  provisions  of  this  act  except  the  tuberculin  testing  of 
cows  and  the  marking  of  reactors;  and  said  bureau,  with  the  approval 
and  assistance  of  the  pure  food  and  drugs  laboratory,  is  hereby  em- 
powered to  make  such  rules  and  regulations  as  may  be  necessary  and 
advisable  for  such  enforcement. 

§  12.  Duty  of  state  veterinarian.  It  shall  be  the  duty  of  the  state 
veterinarian,  as  soon  as  practicable,  either  directly  or  through  local  in- 
specting departments,  to  enforce  the  provisions  of  this  act  as  to  the 
tuberculin  testing  of  cows  and  the  exclusion  of  reacting  animals  from 
the  herds,  and  to  mark  indelibly  by  tattooing  the  ear  with  the  capital 
letter  "T"  one  inch  long  any  cattle  which  have  been  tested  with  tuber- 
culin under  the  provisions  of  this  act  and  found  to  react  to  the  test. 
For  such  purpose  he  may  appoint  such  veterinarians  as  may  be  necessary. 

§  13.     Dairyman  not  operating  under  inspecting  department.     If  any 

dairyman  not  operating  under  an  inspecting  department  desires  to  sell 
milk,  he  may  file  with  the  state  veterinarian  a  written  request  that  his 
cows  be  tuberculin  tested.  After  the  filing  of  such  request,  said  dairy- 
man shall  not  be  liable  under  the  provisions  of  this  act  until  such  time 
as  the  state  veterinarian  shall  be  able  to  make  the  required  test.  The 
provision  of  this  section  shall  apply  also  to  any  dairyman,  operating 
under  an  inspecting  department,  if  such  inspecting  department  approves. 

§  14.  Score  card.  The  following  score  card  sliall  be  used  in  scoring 
dairies  under  the  provisions  of  this  act: 


Act  47c,  §  14 


GENERAL   LAWS. 


538 


DAIRY  FARM  SCORE  CARD   OF  THE  UNITED    STATES    BUREAU    OF    ANIMAL 

INDUSTRY. 

f  As  approved  by  the  bureau  for  use  under  California  conditions.] 

DAIRY  FARM  SCORE  CARD. 

Score.  Score. 

Equipment.  Per-    Al-  Methods.  Per-    Al- 

fect.  lowed.  feet,  lowed. 


COWS. 

Health     6 

Apparently  in  good  health..  1 
If  tested  with  tuberculin 
within  a  year  and  no  tu- 
berculosis is  found,  or  if 
tested  within  si.x;  months 
and   all  reacting  animals 

removed    5 

If  tested  within  a  year  and 
reacting  animals  are  found 

and   removed 3 

Food   (clean  and  wholesome)  ...       1 

Water  (clean  and  fresh) 1 

STABLES. 

Location  of  stable 2 

Well    drained    1 

Free      from      contaminating 

surroundings    1 

Construction  of  stable 4 

Tight,       sound      floor      and 

proper    gutter     2 

Smooth,  tight  walls  and  ceil- 
ing       1 

Proper  stall,  tie,  and  manger   1 
Provisions  for  light :  Four  square 

feet  of  glass  per  cow 4 

(Three  square  feet  of  glass  or 
four  square  feet  of  opening, 
3  ;  two  square  feet  of  glass  or 
three  square  feet  of  opening, 
2  ;  one  square  foot  of  glass,  1. 
Deduct  for  uneven  distribu- 
tion.) 
Bedding,  or  clean  pasture  for  bed      1 

Ventilation    7 

Ventilators   in  roof 2 

Windows  hinged  at  bottom.    2 
(Sliding   windows,    1.5;    other 

openings,    1.) 
Cubic  feet  of  space  per  cow, 

.500   feet    3 

(Less  than  500  feet,  2;  less 
than  400  feet,  1;  less  than 
300    feet,    0.) 

UTENSILS. 
Construction     and     condition     of 

utensils 1 

Water   for  cleaning 1 

(Clean,  convenient  and  abun- 
dant.) 

Small-top    milking  pail 5 

Milk   cooler 1 

Clean  milking  suits 1 

MILK   ROOM   OR  MILK  HOUSE. 
Location  :  Free  from  contaminat- 
ing surroundings    1 

Construction    of    milk    room.  ...       2 
Floor,   walls,   and  ceiling...    1 
Light,   ventilation,   screens.    1 
Separate      rooms      for      washing 
Utensils  and  handling  milk.  .  .       1 

FacilitieB    for   steam 1 

(Hot  water,   0.5.) 


COWS. 

Clean    8 

(Free  from  visible  dirt,   6.) 

STABLES. 

(Cleanliness    of    stables 6 

Floor 2 

Walls    1 

Ceiling  and  ledges 1 

Mangers   and   partitions....! 
Windows 1 

Stable   air   at   milking   time....      5 

Freedom  from  dust 3 

Freedom  from  odors 2 

Cleanliness  of   bedding 1 

Barnyard     2 

Clean    1 

Well  drained 1 

Removal   of  manure   daily   to   50 
feet   from   stable 2 

MILK  ROOM  OR  MILK  HOUSE. 
Cleanliness  of  milk  room 3 

UTENSILS  AND  MILKING. 
Care  and  cleanliness  of  utensils.      8 

Thoroughly  washed 2 

Sterilized    in    steam    for    15 

minutes 3 

(Placed    over    steam     jet,     or 

scalded  with  boiling  water,  2.) 
Protected     from     contamina- 
tion     3 

Cleanliness   of   milking 9 

Clean,  dry  hands 3 

Udders  washed  and  wiped. .6 
(Udders  cleaned  with  moist 
cloth,  4;  cleaned  with  dry 
cloth  or  brush  at  least  15 
minutes  before  milking,  1.) 

HANDLING  THE  MILK. 
Cleanliness  of  attendants  in  miik 

room    2 

Milk  removed  immediately  from 
stable    without    pouring    from 

pail    2 

Cooled  immediately  after  milking 

each  cow 2 

Cooled   below   50°    F 5 

(51°  to  55°,  4;  56°  to  60°,  2.) 

Stored  below  50°  F 3 

(51°  to  55°,  2;  56°  to  60°,  1.) 
Transportation    below   50°    F...      2 
(51°  to  55°,  1.5;  56°  to  60°,  1.) 
(If  delivered  twice  a  day,  al- 
low perfect  score  for  storage 
and  transportation.) 


Total    60 


Total    40 

Kquipmont-f-Methods:=Final   Score. 
NOTE  1. — If  any  exceptionally  lllthy  (•ondition  in  found,  paiticularly  dirty  utensils, 
the   total   score   may  be   further   limited. 

NOTE  2. — If  the  water  is  exposed  to  dangerous  contamination,  or  there  is  evidence 
of  the  presence  of  a  dangerous  disease  in  animals  or  attendants,  the  score  shall  be  0. 


539  AGENTS.  Act  60,  §§  1, 2 

§15.  Stats.  1915,  p.  1478,  repealed.  The  imrposc  of  tliis  act  is  to 
amend  and  supersede  an  act  entitled  "An  act  to  prevent  the  sale  of 
impure  and  unwholesome  milk,  to  grade  milk,  to  provide  rules  and  regu- 
lations therefor,  and  to  empower  cities,  groups  of  cities,  counties  and 
groups  of  counties,  or  cities  and  counties,  to  establish  inspection  service; 
to  provide  for  the  enforcement  of  this  act;  to  prescribe  penalties  for 
violation  of  the  provisions  hereof;  and  to  make  an  appropriation  there- 
for," which  is  hereby  repealed. 

TITLE  10. 

AGENTS. 
ACT  60. 

An  act  to  define  real  estate  brokers,  agents,  salesmen,  solicitors;  to  pro- 
vide for  the  regulation,  supervision,  and  licensing  thereof;  to  create 
the  office  of  real  estate  commissioner  and  making  an  appropriation 
therefor. 

[Approved  June   1,   1917.     Stats.   1917,  p.   1579.] 

§  1,  License  for  real  estate  business.  It  shall  be  unlawful  for  any 
person,  copartnership,  or  corporation  to  engage  in  the  business  or  act  in 
the  capacity  of  a  real  estate  broker  or  a  real  estate  salesman  within 
this  state  without  first  obtaining  a  license  therefor. 

§  2.  Real  estate  broker.  Real  estate  salesman.  Application  of  act. 
Act  constituting  person,  etc.,  a  broker.  A  real  estate  broker  within  the 
meaning  of  this  act  is  a  person,  copartnership  or  corporation  who  for  a 
compensation  sells  or  offers  for  sale,  buys  or  offers  to  buy  or  negotiates 
the  purchase  or  sale  or  exchange  of  real  estate,  or  who,  for  compensa- 
tion negotiates  loans  on  real  estate,  leases  or  offers  to  lease,  rents  or 
places  for  rent  or  collects  rent  from  real  estate  or  improvements  thereon 
for  others  as  a  whole  or  partial  vocation. 

A  real  estate  salesman  within  the  meaning  of  this  act  is  one  who  is 
employed  by  a  licensed  broker  to  sell  or  offer  for  sale,  or  to  buy  or  offer 
to  buy,  or  to  negotiate  the  purchase  or  sale  or  exchange  of  real  estate, 
or  to  negotiate  a  loan  on  real  estate,  or  to  lease  or  offer  to  lease,  rent  or 
place  for  rent  any  real  estate  as  a  whole  or  partial  vocation. 

The  provisions  of  this  act  shall  not  apply  to  any  person,  copartnership 
or  corporation  who  shall  perform  any  of  the  acts  aforesaid  with  reference 
to  the  buj'ing,  selling  or  exchanging  of  propertj^  owned  by  such  person, 
copartnership  or  corporation,  or  renting,  collecting  rents,  or  negotiating 
a  loan  on  such  property;  nor  shall  the  provisions  of  this  act  apply  to 
salaried  employees  other  than  salesman  or  solicitors  of  a  licensed  real 
estate  broker;  and  provided,  further,  that  the  provisions  of  this  act  shall 
not  apply  to  persons  holding  a  duly  executed  power  of  attorney  from 
the  owner  for  the  sale  of  real  estate,  nor  shall  this  act  be  construed  to 
interfere  in  any  way  with  services  rendered  by  an  attorney  at  law,  nor 
shall  it  be  held  to  include  a  receiver,  trustee  in  bankruptcy,  or  .any  per- 
son selling  real  estate  under  order  of  any  court,  nor  to  a  trustee  sClling 
under  a  deed  of  trust,  nor  apply  to  any  corporations,  associations,  co- 
partnerships, companies,  firms  and  individuals  now  or  hereafter  subject 


Act  60,  §  3  GENERAL   LAWS.  540 

to  the  jurisdiction  or  authority  of  the  railroad  coinniission,  nor  to  cor- 
porations now  or  hereafter  organized  nnder  the  laws  of  this  state  for 
the  purpose  of  conducting  the  business  of  banking  within  this  state,  nor 
to  corporations,  associations,  copartnerships,  companies,  firms  and  indi- 
viduals after  they  have  secured  from  the  insurance  commissioner  or  the 
bureau  of  building  and  loan  supervision  a  certificate  of  authority  or 
license  to  do  business  within  this  state,  nor  to  corporations,  associations, 
copartnerships  or  companies,  subject  to  federal  regulation  or  not  organ- 
ized for  profit,  nor  to  mutual  water  companies  and  irrigation  districts. 

One  act,  for  a  compensation  of  bujdng  or  selling  real  estate  of  or  for 
another  or  offering  for  another  to  buy  or  sell,  or  exchange  real  estate, 
or  to  negotiate  a  loan  on  or  to  lease  or  rent  real  estate,  or  to  collect  rent 
therefrom  for  a  compensation  shall  constitute  the  person,  coi^artnership 
or  corporation  making  such  offer,  sale  or  purchase,  exchange  or  lease,  or 
negotiating  said  loan  or  so  renting  or  collecting  said  rent,  a  real  estate 
broker  within  the  meaning  of  this  act. 

§  3.  State  real  estate  commissioner's  department.  Salary.  Oath. 
Bond.  Clerks  and  duties.  Office  in  Sacramento.  "Real  estate  commis- 
sioner's fund"  created.  Seal.  There  is  hereby  created  a  state  real  es- 
tate commissioner's  department.  The  chief  officer  of  such  department 
shall  be  the  commissioner.  He  shall  be  appointed  by  the  governor  and 
hold  office  at  the  pleasure  of  the  governor.  He  shall  receive  an  annual 
salary  of  five  thousand  dollars,  to  be  paid  anonthly  out  of  the  state 
treasury  upon  a  warrant  of  the  controller.  He  shall  within  fifteen  days 
from  the  time  of  notice  of  his  appointment  take  and  subscribe  to  the 
constitutional  oath  of  office  and  file  the  -same  in  the  ofiice  of  the  secre- 
tary of  state  and  execute  to  the  people  of  the  state  a  bond  in  the  penal 
sum  of  ten  thousand  dollars  with  corporate  security  or  two  or  more 
sureties,  to  be  approved  bj'  the  governor  of  the  state,  for  the  faithful  dis- 
charge of  the  duties  of  his  office. 

The  real  estate  commissioner  shall  employ  such  clerks  and  deputies 
as  he  may  need  to  discharge  in  proper  manner  the  duties  imposed  upon 
him  by  law.  Neither  the  real  estate  commissioner  nor  any  of  his  clerks 
or  deputies  shall  be  interested  in  any  real  estate  company,  or  real  estate 
broker,  as  director,  stockholder,  officer,  member,  agent  or  employee. 
Such  clerks  and  deputies  shall  perform  such  duties  as  the  real  estate 
commissioner  shall  assign  to  them.  He  shall  fix  the  compensation  of 
such  clerks  and  deputies  which  compensation  shall  be  paid  monthly  on 
the  certificate  of  the  real  estate  commissioner,  and  on  the  warrant  of  the 
controller  out  of  the  state  treasury;  provided,  however,  that  the  total 
expenditures  provided  for  in  this  act  shall  not  exceed  fifty  thousand  dol- 
lars per  annum.  Kach  deputy  shall  after  his  appointment  take  and  sub- 
scribe to  the  constitutional  oatli  of  oOice  and  file  the  same  in  the  office 
of  the  secretary  of  state. 

The  real  estate  commissioner  shall  have  liis  office  in  the  city  of  Sac- 
ramento and  he  shall  from  lime  fo  lime  obtain  the  necess^-iry  furniture, 
stationery,  fuel,  liglit  and  other  proper  i-onveniences  for  the  transaction 
of  h'usincss,  flic  expenses  of  vvhidi  shall  lie  ])ai(l  out  of  the  state  treas- 
Miv   on    flic    cert  ifical  e    of   the    real    cstafc    (•(iiinnissioiitT   and    the   warrant 


541  AGENTS.  Act  60,  §§  4-6 

of  the  controller,  drawn  upon  the  real  estate  commissioner's  fund  here- 
inafter provided. 

A  fund  is  hereby  created  to  be  known  as  the  "real  estate  commis- 
sioner's fund,"  and  out  of  said  fund  shall  be  paid  all  the  expenses  in- 
curred in  and  about  the  conduct  of  the  business  of  the  real  estate  com- 
missioner, including  the  salary  of  the  commissioner  and  his  clerks  and 
deputies,  traveling  expenses,  furnishing  rooms  and  rent.  All  moneys  col- 
lected or  received  by  the  real  estate  commissioner  under  and  by  virtue 
of.  the  provisions  of  this  act  shall  be  delivered  by  him  to  the  treasurer 
of  the  state,  who  shall  deposit  the  same  to  the  credit  of  said  real  estate 
commissioner's  fund.  And  all  such  funds  so  deposited  or  such  part 
thereof  as  may  be  necessary  for  the  purposes  of  this  act  are  hereby  ap- 
l>ropriated  to  the  use  of  the  real  estate  commissioner's  fund  for  the 
purpose  of  carrying  out  the  provisions  of  this  act.  It  shall  be  the  duty 
of  the  real  estate,  commissioner  semi-annually  to  certify  under  oath  to 
the  state  treasurer  and  secretary  of  state  the  total  amount  of  receipts 
and  expenditures  of  the  real  estate  commissioner's  department  for  the 
six  months  preceding.  All  fees  and  payments  of  every  description  re- 
quired by  this  act  to  be  paid  to  the  real  estate  commissioner  shall  be 
jiaid  by  him  to  the  state  treasurer  on  the  first  day  of  each  w^eek  following 
their  receipt. 

The  real  estate  commissioner  shall  adopt  a  seal  with  the  words  "Eeal 
Estate  Commissioner,  State  of  California,"  and  such  other  device  as  the 
commissioner  may  desire  engraved  thereon,  by  which  he  shall  authenticate 
the  proceedings  of  his  office.  Copies  of  all  records  and  papers  in  the 
office  of  the  real  estate  commissioner's  department  shall  be  received  in 
evidence  in  all  cases  equally  and  with  like  effect  as  the  originals. 

§  4.  Legal  assistance.  Said  commissioner  shall  have  the  advice  and 
assistance  of  one  assistant  attorney  general  whenever  he  shall  require 
the  same  in  the  prosecution  of  matters  pertaining  to  this  act,  and  the 
commissioner  shall  have  full  power  to  regulate  and  control  the  issuance 
and  revocation,  both  temporary  and  permanent,  of  licenses,  and  to  per- 
form all  other  acts  and  duties  under  the  provisions  of  this  act. 

§  5.  Limitations  on  license.  No  real  estate  license  shall  give  author- 
ity to  do  any  act  in  connection,  with  the  real  estate  business  to  any 
person,  copartnership  or  corporation  other  than  those  to  whom  said 
license  is  issued,  and  to  the  regular  employees  of  said  person,  copartner- 
ship or  corporation;  provided,  however,  that  when  a  license  is  issued  to 
a  corporation  the  officers  thereof  other  than  the  president  shall  be  re- 
quired to  obtain  a  license  if  engaged  in  the  real  estate  business  as  a 
whole  or  partial  vocation;  and  provided,  further,  that  when  a  license 
is  granted  to  a  copartnership  the  members  of  said  firm  or  association 
shall  each  be  required  to  obtain  a  separate  license,  except  as  provided 
in  section  eiglit  hereof. 

§  6.  Application  for  licenses.  Licenses  as  salesmen.  Applications  for 
such  licenses  shall  be  made  in  writing  to  the  real  estate  commissioner, 
which  application  shall  be  accompanied  by  the  recommendation  of  two 
real  estate  owners  of  the  county  in  which  such  applicant  resides  certify- 


Act  60,  §  7  GENERAL   LAWS.  542 

ing  that  the  applicant  is  honest,  truthful  and  of  good  moral  character 
and  recommending  that  a  license  be  granted  the  applicant.  If  the  appli- 
cant shall  have  resided  less  than  one  year  in  the  county  from  which  the 
application  is  made,  then  he  shall  be  required  to  give  satisfactory  proof 
that  his  standing  is  above  reproach  and  that  his  record  for  honesty  and 
fair  dealing  is  clear  in  his  former  place  or  places  of  business.  The  real 
estate  commissioner  may  require  such  other  sufficient  and  satisfactory 
proof  as  to  him  may  seem  desirable  in  reference  to  the  character  of  any 
applicant  for  license,  or  of  the  officers  of  any  corporation,  or  the  mem- 
bers of  any  firm  making  such  application  before  authorizing  the  issuance 
of  a  license.  Every  such  application  shall  state  the  name  of  the  person, 
firm  or  corporation,  and  the  location  of  the  place  or  places  of  business 
for  which  such  license  is  desired. 

Application  for  licenses  as  salesmen  shall  be  made  in  writing  to  the 
real  estate  commissioner,  sign.ed  by  the  applicant,  setting  forth  the  period 
of  time  during  which  he  has  been  engaged  in  the  business,  stating  the 
name  of  his  last  employer  and  the  name  of  the  firm  then  employing  him 
or  in  whose  employ  he  is  to  enter.  The  application  shall  be  accompanied 
by  the  recommendation  of  his  employer,  if  employed,  certifying  that  the 
applicant  is  honest,  truthful  and  of  good  moral  character,  and  recom- 
mending that  the  license  be  granted  to  the  applicant.  The  real  estate 
commissioner  may  require  such  other  sufficient  and  satisfactory  proof  as 
to  him  may  seem  desirable  in  reference  to  the  character  of  any  applicant 
for   license. 

§  7.  Broker's  license.  Revocation  of  license.  All  applicants  for  a 
broker's  license  shall,  in  addition  to  such  recommendation,  file  with  the 
said  real  estate  commissioner  a  satisfactory  bond  to  the  people  of  the 
state  of  California,  duly  executed  by  a  sufficient  surety  or  sureties,  to 
be  approved  by  said  commissioner,  in  the  amount  of  one  thousand  dol- 
lars conditioned  for  the  faithful  performance  by  such  broker  of  any 
undertaking  as  a  licensed  real  estate  broker  under  this  act,  and  on  appli- 
cation of  any  person  injured  by  the  failure  of  a  real  estate  broker  to 
perform  his  duties  or  comply  with  the  provisions  of  this  act,  the  real 
estate  commissioner  may  grant  to  such  applicant,  in  his  discretion,  the 
right  to  prosecute  such  bond  in  the  name  of  said  real  estate  commis- 
sioner. It  shall  be  the  duty  of  the  real  estate  commissioner  to  see  that 
such  bond  remains  and  is  kept  good. 

When  any  salesman  or  solicitor  shall  be  discharged  by  his  employer 
for  dishonest  dealing,  a  written  statement  of  the  facts  in  reference 
thereto  shall  be  filed  forthwith  with  tlie  real  estate  commissioner,  b.y  the 
employer.  Any  person  injured  by  dishonest  dealing  on  the  part  of  any 
salesman  or  solicitor,  or  who  has  personal  knowledge  of  dishonest  prac- 
tice on  the  part  of  any  salesman  or  solicitor,  may  communicate  the 
facts  in  reference  thereto  to  the  real  estate  commissioner.  If,  after 
notifying  such  salesman  or  solicitor  thereof  and  affording  him  an  op- 
portunity to  be  heard  concerning  the  same,  it  appears  to  the  real  estate 
commissioner  that  said  salesman  or  solicitor  is  guilty  as  charged,  said 
real  estate  commissioner  shall  at  once  revoke  his  license  and  he  shall 
not  be  entitled  to  receive  any  license  as  sah^smun  or  broker  for  a  period 
of  two  years  thereafter. 


543  AGENTS.  Act  60,  §§  8,  9 

§8.     Fees  for  licenses.     The  fees  for  lic-euse  shall  be  as  follows: 

(1)  For  a  broker's  license,  an  annual  fee  of  ten  dollars. 

(2)  For  a  corporation,  the  annual  fee  shall  be  ten  dollars  and  said 
license  shall  entitle  the  president  of  said  corjjoration  to  engage  in  the 
real  estate  business  within  the  meaning  of  this  act.  For  officers  other 
than  the  president  of  a  corporation,  who  shall  engage  in  the  real  estate 
business  within  the  meaning  of  this  act,  the  annual  fee  shall  be  two 
dollars. 

(3)  For  a  copartnership,  the  annual  fee  shall  be  ten  dollars,  and  the 
license  issued  to  said  copartnership  shall  entitle  one  member  of  said  co- 
partnership to  engage  in  the  real  estate  business  within  the  meaning 
of  this  act.  For  each  other  member  of  such  copartnership  the  annual  fee 
shall  bo  two  dollars. 

(4)  For  salesmen  and  solicitors,  the  annual  fee  shall  be  two  dollars. 
Said  license  fee  shall  accompany  the  application  and  bond  herein  pro- 
vided for,  and  no  license  shall  be  issued  for  a  less  period  than  one  year. 

It  shall  be  unlawful  for  an  licensed  broker  to  pay  a  commission 
for  performing  any  of  the  acts  herein  specified  to  any  person  who  is 
not  a  licensed  broker,  except  a  licensed  salesman  or  solicitor  directly 
in  the  employ  of  a  licensed  broker,  who  shall  then  receive  the  same 
only  through  or  from  his  employer,  and  except  to  a  regular  salaried 
employee  who  has  been  employed  for  not  less  than  six  months  by  such 
broker. 

§  9.  Acts  for  which  license  may  be  suspended  or  revoked.  Notice  to 
holder.  Review  of  decision.  The  real  estate  commissioner  shall  have 
the  power  to  temporarily  suspend  or  permanently  revoke  licenses  issued 
under  the  provisions  of  this  act  at  any  time  where  the  holder  thereof 
in  performing  or  attempting  to  perform  any  of  the  acts  mentioned  in 
section  two  hereof  is  gnilty  of — 

(a)  Making  any  substantial  misrepresentation,  or 

(b)  Making  any  false  promises  of  a  character  likely  to  influence, 
persuade  or  induce,  or 

(c)  A  continued  and  flagrant  course  of  misrepresentation  or  making 
of  false  promises  through  agents,  salesmen,  or  solicitors,  or 

(d)  Acting  for  more  than  one  party  in  the  transaction  without  the 
knowledge  or  consent  of  all  parties  thereto,  or 

(e)  Any  other  conduct,  whether  of  the  same  or  a  different  character 
than  herein  above  specified,  which  in  the  opinion  of  said  commissioner 
is  contrary  to  good  business  morals. 

Before  suspending  or  revoking  any  license,  the  said  commissioner  shall 
notify,  in  writing,  the  holder  of  such  license  of  the  charges  against 
such  holder  of  such  license  and  afford  an  opportunity  to  be  heard  in 
person  or  by  counsel  in  reference  thereto.  The  decision  of  the  said 
commissioner  in  revoking  any  license  under  this  act  shall  be  subject 
to  review,  however,  as  follows: 

An  appeal  may  be  taken  from  any  decision  of  the  real  estate  com- 
missioner under  this  act  by  filing  with  the  clerk  of  the  superior  court 
of  the  state  of  California,  in  and  for  the  county  in  which  the  person 
affected  by  this  decision  resides  or  has  his  place  of  business  under  the 
terms  of  this  act,  a  certified  transcript  of  all  papers  in  the  office  of  the 


Act  60,  §§  10-13  GENERAL   LAWS.  544 

c-ommissioner  relating  to  such  decision,  and  all  evidence  taken  on  the 
hearing.  It  shall  be  the  duty  of  the  said  commissioner  to  make  and 
certify  to  said  transcript  upon  payment  to  him  of  a  fee  of  ten  cents 
for  each  folio  and  one  dollar  for  the  certification.  The  court  shall,  upon 
such  appeal,  be  limited  to  a  consideration  of  the  question  whether  there 
has  been  abuse  of  discretion  on  the  part  of  the  real  estate  commissioner 
in  making  such  decision. 

§  10.  Notice  of  change  of  location.  If,  after  the  issuance  and  de- 
livery of  a  license  to  any  broker  under  the  provisions  of  this  act,  any 
change  shall  be  made  in  the  place  or  places  of  business  covered  thereby, 
no  such  business  shall  be  carried  on  in  any  other  location  until  notice 
of  change  of  location  shall  be  given  in  writing  to  the  commissioner, 
and  each  person,  firm  or  corporation  so  licensed  under  the  provisions 
of  this  act  shall  be  required  to  have  and  maintain  an  office  in  the  state 
for  the  transaction  of  business. 

§  11.  Penalty  for  violation.  Auy  person  or  corporation  violating  any 
of  the  provisions  of  this  act  shall,  upon  conviction  thereof,  if  a  person, 
be  punished  by  a  fine  of  not  to  exceed  the  sum  of  two  thousand  dollars, 
or  by  imprisonment  in  the  county  jail  or  state  prison  for  a  term  not  to 
exceed  two  years,  or  bj'  both  such  fine  and  imprisonment  in  the  discretion 
of  the  court,  or  if  a  corporation,  be  punished  by  a  fine  of  not  to  exceed 
five  thousand  dollars. 

§  12.  Investigation  of  complaints.  Employer's  license  not  affected  Tiy 
employee's  violation.  The  said  commissioner  shall  receive,  consider  and 
investigate  all  verified  complaints  made  in  writing  as  to  the  action  of 
any  person,  copartnership,  corporation,  or  salesman  or  solicitor  engaged 
in  the  real  estate  business,  whether  licensed  or  unlicensed.  If  such 
]terson,  copartnership,  corporation,  or  salesman  or  solicitor  engaged  in 
the  real  estate  business  shall  not  be  license,  then  such  commissioner 
shall  cause  such  person,  copartnership,  corporation,  or  salesman  or 
solicitor  to  be  prosecuted  under  the  terms  of  this  act;  or,  if  any  person 
sliall  prove  to  be  a  licensed  broker  or  salesman  or  solicitor  under  the 
terms  of  this  act,  and  be  found  guilty  of  improper  dealing,  the  said 
commissioner  shall  have  the  power  to  discipline  said  broker  or  salesman 
or  solicitor  either  by  a  temporary  suspension  of  the  license,  or  by  the 
levocation  thereof,  as  liereinabove  provided.  The  said  commissioner  shall 
liavc  the  power  to  subpoena  and  bring  before  him  any  person  within  the 
state  for  the  purpose  of  his  investigation,  or  take  the  testimony  of  any 
such  ])erson  by  deposition  in  the  same  manner  as  prescribed  by  law  in 
.judicial  procedure  in  the  courts  of  this  state  in  civil  cases. 

\o  unlawful  act  or  violation  of  any  of  the  provisions  of  this  act  on 
the  part  of  any  salesman,  solicitor  or  eniiiloyee  of  any  licensed  broker 
ill  this  state  shall  cause  the  revocation  of  the  license,  ]iartial  or  other- 
wise, of  the  employer  of  said  salesman,  solicitor  or  eniiiloyee,  unless  it 
Hhall  appear  to  the  satisfaction  of  said  loniniissioiuM'  that  said  employer 
Lad  guilty  knowledge  thereof. 

§13.  License  displayed.  'I'lic  liccn^'es  licrcin  jirovided  for  when  issued 
bliall    be    jiroiiiiiiciit  ly    disjil.'iycil    in    the   office   of    the    real    estate   broker, 


545  AGRICULTURE ALAMEDA    CITY.  ActS  78(1-86,  §  1 

and  no  license  issued  hereunder  sliall  authorize  the  licensee  to  do  business 
except  from  the  location  stipulated  in  the  license,  and  tlie  change  of 
business  location  without  notification  to  the  commissioner  and  the  issu- 
ance by  him  of  a  new  license  (which  shall  be  without  additional  charge) 
shall  automatically   cancel  the  license  theretofore  issued. 

§  14.  Commissioner  of  corporations  iray  act.  The  governor  may  ap- 
point the  state  real  estate  commissioner  as  hereinbefore  provided,  or  he 
may,  from  time  to  time,  designate  and  appoint  the  commissioner  of  cor- 
porations to  act  as  said  real  estate  commissioner,  and  in  that  case,  all 
the  powers  and  duties  by  this  act  provided  for  such  real  estate  commis- 
sioner shall  devolve  and  be  imposed  upon  said  commissioner  of  corpora- 
.tions,  and  said  commissioner  of  corporations  shall  receive  for  his  said 
services  as  real  estate  commissioner,  the  sum  of  one  thousand  dollars 
per  year  in  addition  to  the  salary  provided  for  by  law  for  said  commis- 
sioner of  corporations,  which  said  additional  salary  shall  be  paid  out 
of  the  "real  estate  commissioner's  fund"  provided  for  herein. 

TITLE  11. 

AGRICULTURE. 
ACT  78d. 

An  act  providing  for  the  appointment  of  a  commission  to  investigate 
and  report  at  the  forty-second  session  of  the  legislature  relative 
to  the  adoption  of  a  system  of  land  colonization  and  rural  credits, 
and  making  an  appropriation  therefor.  [Approved  May  17,  1915. 
Stats.    1915,  p.  475.] 

Repealed  by  act  approved  June   1,   1917;   Stats.   1917,  p.   1573.     See 
post.    Act   3822. 

TITLE  12. 

ALAMEDA  CITY. 
ACT  85. 

Charter   of.      [Stats.   1907,   p.   1051.] 

Amended  1913,  pp.   1154,   1720.     See  new  charter  of  1917,   post  Act 
85a. 

ACT  85a. 

Charter   of.      [Stats.    1917,   p.   1752.] 

ACT  86. 

An   act  granting  to   the   city   of   Alameda   the   salt-marsh,    tide   and   sub- 
•     merged  lands  of  the  state  of  California,  including  the  right  to  wharf 
out  therefrom  to  the   city  of  Alameda,  and  regulating  the  manage- 
ment, use  and  control  thereof. 

[Approved  June   11,   1913.     Stats.    1913,   p.   707.] 
Amendeil   1917,   p.   907. 
The  amendments  of  1917  follow: 

§  1.     Tide-lands  granted  to  Alameda.     Conditions  of  grant.     There  is 
hereby  granted  to  the  city  of   Alameda,  a   municipal   corporation  of  the 
35 


Act  86,  §  1  GENERAL    LAWS.  546 

state  of  California,  and  to  its  successors,  all  the  right,  title  and  interest 
of  the  state  of  California,  held  by  said  state  by  virtue  of  its  sovereignty, 
in  and  to  the  salt  marsh,  tide  and  submerged  lands,  whether  filled  or 
unfilled,  within  the  present  boundaries  of  said  city,  and  situated  below 
the  line  of  mean  high  tide  of  the  Pacific  Ocean,  or  of  any  harbor,  es- 
tuary, bay  or  inlet  within  said  boundaries,  to  be  forever  held  by  said 
city,  and  by  its  successors,  in  trust  for  the  uses  and  purposes,  and  upon 
the  express  conditions  following,  to  wit: 

That  said  lands  shall  be  used  by  said  city  and  its  successors,  solely 
for  the  establishment,  improvement  and  conduct  of  a  harbor,  and  for  the 
construction,  maintenance  and  operation  thereon  of  wharves,  docks, 
piers,  slips,  quays,  and  other  utilities,  warehouses,  factories,  storehouses, 
structures  and  appliances  necessary  or  convenient  for  the  promotion, ' 
benefit  and  accommodation  of  commerce  and  navigation,  and  said  city, 
or  its  successors,  shall  not,  except  as  herein  authorized,  at  any  time, 
grant,  convey,  give  or  alien  said  lands,  or  any  part  thereof,  to  any  indi- 
vidual, firm  or  corporation  for  any  purpose  whatever;  provided,  that 
said  city,  or  its  successors,  may  grant  franchises  thereon,  for  limited 
periods,  for  wharves  and  other  public  uses  and  purposes,  and  may  lease 
said  lands,  or  any  part  thereof,  for  limited  periods,  for  purposes  con- 
sistent with  the  trusts  upon  which  said  lands  are  held  by  the  state  of 
California  and  this  grant,  for  a  term  not  exceeding  twenty-five  years, 
and  on  such  other  terms  and  conditions  as  said  city  may  determine,  in- 
cluding a  right  to  renew  such  lease  or  leases  for  a  further  term  not 
exceeding  twenty-five  years  or  to  terminate  the  same  on  such  terms, 
reservations  and  conditions  as  may  be  stipulated  in  such  lease  or  leases, 
and  said  lease  or  leases  may  be  for  any  and  all  purposes  which  shall 
not  interfere  with  navigation  or  commerce,  with  reversion  to  the  said 
city  on  the  termination  of  such  lease  or  leases  of  any  and  all  improve- 
ments thereon,  and  on  such  other  terms  and  conditions  as  the  said  city 
may  determine,  but  for  no  purpose  which  will  interfere  with  navigation 
or  commerce;  subject  also  to  a  reservation  in  all  such  leases  or  such 
wharfing  out  privileges  of  a  street,  or  of  sucli  other  reservation  as  the 
said  city  may  determine  for  sewer  outlets,  and  for  gas  and  oil  mains, 
and  for  hydrants,  and  for  electric  cables  and  wires,  and  for  such  other 
conduits  for  municipal  purposes,  and  for  such  public  and  municipal  pur- 
jioses  and  uses  as  may  be  doomed  necess!u-v  liv  the  said  city,  upon  com- 
pensation being  made  for  the  iiijnrv  ;niii  d;uiia^(>  done  to  any  improve- 
iiicnt  or  structure  thei'pou. 

I'rovi'lcd,  tiirthcr,  tiiat  in  the  granting  of  any  and  all  such  leases 
the  city  council  shall,  whenever  in  its  judgment  it  can  reasonably  do  so, 
give  jircference  to  the  owners  of  uj)land  abutting  on  the  salt  marsh, 
tide  or  submerged  land  pro])osed  to  be  leased;  provided,  however,  that 
the  said  city  of  Alameda  may  grant,  give,  convey  and  alien  such  lands 
or  any  |)ortion  thereof,  forever  to  the  United  States  for  public  purposes 
of  the  United  States;  providetl,  however,  that  no  such  grant  shall  be 
niafle  unless  ant  liori/.cd  ■■ind  ;i|i|irii\cd  liy  a  vote  of  the  majority  of  the 
electors  of  such  iiiiinici  pal  c(ii|joi  n  1  ion  vdtiiig  ii])  on  the  proposition  of 
making  such  grant  at  an  elcitiun  llicrciii,  at  which  such  proiiositioii  shall 
have  been  submitted. 


547  ALAMEDA   COUNTY.  Act  96b,  §§1,2 

This  grant  shall  carry  the  right  to  such  city  of  the  rents,  issues  and 
profits  in  any  manner  hereafter  arising  from  the  lands  or  wliarfing  out 
privileges  hereby  granted. 

The  state  of  California  shall  have,  at  all  times,  the  right,  together 
with  the  city  if  there  be  no  lessee  or  licensee,  or  together  with  the  les- 
see or  licensee,  if  there  be  a  leS'See  or  licensee,  to  use,  without  charge, 
all  wharves,  docks,  piers,  slips,  quays  constructed  on  said  lands  or  any 
part  thereof,  except  wharves,  docks,  piers,  slips,  quays  or  other  im- 
provements constructed  on  such  lands  by  the  United  States  for  public 
[uirposes  of  the  United  States,  for  any  vessel  or  other  water  craft,  or 
railroad,  owned  or  operated  by  the  state  of  California. 

No  discrimination  in  rates,  tolls  or  charges  for  use  or  in  facilities 
for  any  use  or  service  in  connection  with  wharves,  docks,  piers,  slips  or 
quays  or  property  operated  by  the  city,  or  property  leased,  the  use  of 
which  is  dedicated  by  the  lessee  or  licensee  for  a  public  use,  shall  ever 
be  made,  authorized  or  permitted. 

There  is  hereby  reserved  in  the  people  of  the  state  of  California  the 
right  to  fish  in  the  w^aters  on  which  said  lands  may  front  with  the  right 
of  convenient  access  to  said  waters  over  said  lands  for  said  purpose, 
such  enjoyment  of  access  and  right  to  fish  to  be  regulated  by  ordinance 
of  the  city  of  Alameda,  so  as  not  to  interfere,  obstruct,  retard  or  limit 
the  right  of  navigation  or  the  rights  of  lessees  or  licensees  under  lease 
or  license  given. 

All  leases  and  licenses  granted  by  ordinance  of  the  city  of  Alameda 
prior  to  the  first  day  of  April,  one  thousand  nine  hundred  seventeen, 
and  the  terms  and  conditions  expressed  therein  are  afiirmed.  [Amend- 
ment approved  May  24.   1917;  Stats.  1917,  p.  907.] 

§2.  Expenditures  recLUired.  Section  two  of  said  act,  ai)i)roved  June 
11,  1913,  is  hereby  repealed.  [Approved  May  24,  1917;  Stats.  1917, 
1>.  909.] 

TITLE  13. 

ALAMEDA  COUNTY. 
ACT  96b. 

An  act  to  increase  the  number  of  judges  of  the  superior  court  of  the 
county  of  Alameda,  and  for  the  appointment  of  such  additional 
judges. 

[Approved  May  5,  1917.     Stats.   1917,   p.  242.     In  effect  July  27,   1917. J 

§  1.  Judges  increased  in  Alameda  county.  The  number  of  judges  of 
the  superior  court  in  the  county  of  Alameda,  state  of  California,  is 
hereby  increased  from  six  to  eight. 

§  2.  Appointment.  Election.  Within  thirty  days  after  this  act  be- 
comes a  law  the  governor  shall  appoint  two  additional  judges  of  the 
superior  court  in  the  county  of  Alameda,  state  of  California,  who  shall 
hold  office  until  the  first  Monday  after  the  first  day  of  January,  A.  D. 
1919.  At  the  next  general  election,  to  he  held  in  November,  A.  D.  1918, 
two  additional  judges  of  said  superior  court  shall  be  elected  in  the  said 


Act  184a,  §§  1, 2  general  laws.  548 

county,  who  shall  be  the  successors  to   the  judges  appointed  hereunder, 
to  hold  office  for  the  term  prescribed  by  the  constitution  and  by  law. 

§  3.  Salary.  The  salary  of  such  additional  judges  shall  be  the  same 
in  amount  and  be  paid  in  the  same  manner  and  at  the  same  time  as  the 
salaries  of  the  other  judges  of  the  superior  court  of  said  county  now 
authorized  by  law. 

TITLE  25. 
ANIMALS. 
ACT  184a. 

An  act  to  create  a  cattle  protection  board,  to  define  its  powers  and 
duties,  to  protect  the  breeders  and  growers  of  cattle  from  theft,  to 
provide  for  the  registration  of  cattle  brands  and  the  licensing  of 
cattle  slaughterers  and  sellers  of  the  meat  thereof,  to  provide  for 
the  inspection  of  cattle  and  cattle  hides  for  brands  and  marks,  to 
provide  for  the  collection  of  license  and  inspection  fees,  to  provide 
for  the  creation  of  a  fund  to  be  known  as  the  cattle  protection 
fund,  and  to  provide  penalties  for  violation  of  the  provisions  hereof. 

[Approved  May  28,  1917.     Stats.  1917,  p.  1237.     In  effect  .July  27.  1917.] 

§  1.  Cattle  protection  board  created.  Term.  Appointees.  Cattle 
protection  fund.  Duty  of  board.  That  there  be  and  is  hereby  created 
a  cattle  jirotection  board,  to  be  appointed  by  the  governor  of  the  state 
of  California,  which  shall  consist  of  three  members,  two  of  whom  shall 
be  identified  with  and  experienced  in  the  cattle  industry  of  the  state 
of  California  and  the  other  shall  be  the  state  veterinarian.  Said  board 
shall  elect  one  of  their  number  chairman.  The  members  of  said  board 
shall  each  receive  ten  dollars  per  day  for  the  time  by  him  necessarily 
employed  in  discharging  the  duties  required  in  this  chapter;  provided, 
however,  that  in  no  one  year  shall  the  board  be  in  session  more  than 
sixty  days,  except  upon  the  call  of  the  governor. 

The  members  of  said  board  shall  hold  office  during  the  pleasure  of 
the  governor.  Said  board  is  hereby  authorized  to  appoint  a  secretary, 
counsel,  inspectors,  and  such  clerks  as  may  be  necessary  to  carry  out 
the  provisions  of  this  act,  and  fix  the  salaries  of  said  appointees.  Such 
per  diem  and  expenses  of  said  members  of  the  cattle  protection  board, 
as  well  as  the  salaries  and  expenses  of  all  appointees  of  said  board,  in- 
cluding all  other  additional  expenses  incurred  by  enforcement  of  this 
act  as  hereinafter  provided,  shall  be  paid  out  of  the  cattle  protection 
fund   which   fund   is  hereafter  provided. 

Said  board  is  hereby  authorized,  and  it  is  made  its  duty,  to  exercise 
a  general  supervision  over,  and  protect  the  cattle  of  this  state  from 
theft  and  to  make  such  rules  and  regulations  as  may  be  necessary  to 
carry  out  the  purposes  and  intent  of  this  act. 

§  2.  Cattle  brands.  Record.  Districts.  Every  person  owning  cattle 
in  this  state  except  as  hereinafter  provided  ma;\  adopt  a  brand  with 
which   to  brand   his  cattle;   providcil,   sncl:    l>i;iii,l   be   not   similar   to  the 


549  ANIMALS.  Act  184a,  §§  3-7 

brand  heretofore  adopted  by  any  other  person,  except  by  special  permit 
issued  by  the  cattle  protection  board.  Said  board  shall  cause  said 
brands  to  be  recorded  in  books  kept  for  that  purpose.  The  recording 
of  a  brand  shall  consist  of  depicting  in  the  brand  book  a  facsimile  of 
the  design  of  the  brand  adopted,  together  with  an  entry  in  said  book 
bearing  a  statement  of  the  name,  residence,  and  postoffice  address  of 
the  person  adopting  the  same,  the  date  the  brand  was  presented  for 
record,  the  place  upon  the  animal  where  the  brand  is  proposed  to  be 
used,  the  number  of  the  district  and  a  statement  of  the  location  of  the 
range  whereon  such  animals  are  to  range.  Before  any  such  record  shall 
be  made,  proof  shall  be  made  that  the  person  applying  to  have  such 
brand  recorded  is  the  owner  thereof  and  entitled  to  use  the  same. 

The  said  board  may  divide  the  state  into  a  number  of  districts.  Such 
districts  may  be  changed  from  time  to  time,  so  that  all  of  the  persons 
engaged  in  raising  cattle  within  the  state  of  California  may  adopt  and 
record  a  brand,  without  requiring  that  any  one  brand  shall  be  adopted 
or  recorded  in  any  two  contiguous  districts;  provided,  however,  that 
where  cattle  in  two  or  more  contiguous  districts  are  owned  by  one  per- 
son, said  person  shall  have  the  right  to  the  use  of  said  brand  in  con- 
tiguous districts. 

§  3.  Fees.  Forfeiture.  The  sum  of  two  dollars  shall  be  paid  to  said 
board  for  the  recordation  of  any  brand;  for  the  right  to  the  con- 
tinued use  of  said  brand,  under  the  provisions  of  this  act,  the  owner 
thereof  shall  before  the  first  day  of  January  of  each  year  after  its  re- 
cordation transmit  to  the  board  the  sum  of  one  and  one-half  dollars. 
A  failure  to  make  such  payment  shall  forfeit  the  right  to  use  said  brand. 

When  the  right  to  any  brand  recorded  hereunder  shall  have  become 
forfeited,  said  brand  shall  not  be  recorded  by  any  other  person  until 
after  the  expiration  of  one  year  from  the  date  of  the  forfeiture  thereof. 

§  i.  Unrecorded  brand.  No  person  shall  brand  any  cattle  in  this 
state  with  a  brand  that  has  not  been  recorded  under  the  provisions  of 
this  act,  nor  use  any  device  to  obliterate  a  brand. 

§  5.  Sale  of  range  cattle.  Upon  the  sale  or  transfer  of  any  range 
cattle  in  this  state,  the  actual  delivery  of  such  animal  shall  be  accom- 
panied by  a  written  bill  of  sale,  giving  the  number,  kind  and  marks  and 
brands  of  each  animal,  which  bill  of  sale  shall  be  signed  by  the  party 
giving  the  same  and  acknowledged  by  him  before  two  subscribing  wit- 
nesses who  have  been  freeholders  of  the  county  for  at  least  two  years. 

§  6.  Not  applicable  to  registered,  etc.,  cattle.  It  is  hereby  expressly 
provided  that  the  provisions  in  this  act  shall  not  apply  to  registered 
purebred  cattle  or  purebred  cattle  which  can  be  identified  as  being  en- 
titled to  registration,  or  to  the  dressed  carcasses  of  veal  with  unmarked 
or  unbranded  hides  thereon,  or  cows  actually  used  for  dairy  purposes. 

§  7.  License  to  slaughter  cattle.  Bond.  Annual  fee.  Monthly  report 
to  board.  Forfeiture  of  license  on  failure  to  make  statement.  It  shall 
be  unlawful  for  any  person  to  slaughter  any  cattle  or  offer  for  sale, 
barter  or  exchange  the  meat  thereof,  unless  he  shall  have  a  license  there- 


Act  184a,  §  7  general  laws.  550 

for  issued  in  aceordauce  with  the  provisions  of  this  act,  except  as  herein 
otherwise  provided. 

Every  person  slaughtering  cattle  as  a  business  shall  do  so  in  a  desig- 
nated slaughter-house,  and  before  he  shall  begin  the  business  of  slaugh- 
tering cattle  or  selling  the  meat  thereof,  he  shall  first  procure  from  the 
board  a  license  to  carry  on  such  business,  under  the  conditions  and  upon 
the  payment  of  the  fees  herein  provided  for.  After  procuring  such 
license  and  before  engaging  in  such  business  he  shall  execute  a  bond 
to  the  state  of  California,  in  the  penal  sum  of  one  thousand  dollars 
($1,000)  to  be  approved  by  the  secretary  of  the  board,  conditioned  that 
such  person  shall  not  slaughter,  sell  or  expose  for  sale  any  cattle  or  the 
meat  thereof,  without  first  being  the  legal  and  equitable  owner  thereof, 
or  being  authorized  to  so  slaughter,  sell  or  expose  for  sale  such  animal, 
or  the  meat  thereof,  by  such  owner,  and  that  in  case  he  shall  violate 
any  of  the  provisions  hereof,  he  shall  pay  therefor  double  the  value  of 
such  animal.  The  amount  so  recovered  shall  be  paid  as  follows:  One- 
half  to  the  owner  of  such  animal  and  the  remaining  one-half  to  the 
cattle  protection  fund. 

Said  board  shall  grant  to  every  applicant  therefor,  who  complies  with 
all  the  provisions  of  this  act  a  license  to  slaughter  cattle  and  sell  the 
meat  thereof  for  the  unexpired  portion  of  the  calendar  year  in  which 
said  license  is  granted.  Every  applicant  for  such  a  license  shall  pay 
to  said  board  the  follownng  annual  fee  which  shall  be  paid  in  advance: 
For  applicants  who  slaughter  less  than  ton  head  per  month,  one  dollar 
per  annum.  For  applicants  who  slaughter  more  than  ten  head  and  less 
than  fifty  head  per  month,  ten  dollars  per  annum.  For  applicants  who 
slaughter  more  than  fifty  head  per  month,  twenty-five  dollars  per  an- 
num. For  a  shorter  term  than  one  year  a  proportionate  part  of  said  fee 
shall  be  paid.  The  applicant  for  such  license  shall  state  in  Ms  appli- 
cation where  his  slaughter-house  is  located,  and  during  the  term  of  such 
license  he  shall  not  slaughter  any  cattle  at  any  other  place  than  that 
specified  in  his  license.  If  the  holder  of  a  license  desires  to  change 
the  location  of  his  slaughter-house,  he  shall  apply  to  said  board  to  have 
such  license  transferred  and  the  board  may  reissue  such  license  without 
any  additional  fee. 

Every  holder  of  such  a  license  shall,  at  tlie  ex})iratioii  of  each  calen- 
dar month,  make  a  written  report  and  send  the  same  by  registered  mail 
to  said  board.     Such  report  shall  include  the  following: 

(a)  'i'lie  number  and  sex  of  the  cattle  slaughtered  in  sucli  ostablish- 
luciit  during  the  calendar  month  just  past. 

(1))  The  names  and  addresses  of  persons  from  whom  said  cattle  were 
purchased  or  otherwise  obtained. 

(c)  The  brands  and  marks  on  said  cattle. 

(d)  The  dates  on  which  said  cattle  were  j>urcdiase(l  or  otherwise  ob- 
tained and  the  dates  nn   which  i-nid  cnttli'   were  slaughtered. 

Said  statement  shall  lie  signed  l)y  such  licensee  or  his  <hily  authorized 
agent.  Upon  failure  or  neglect  of  said  licensee  or  liis  duly  antiiorized 
agent  for  a  jx-riod  of  fifteen  days  to  file  such  a  statement  in  tiie  man- 
ner as  herein  provided,  the  said  l)oard  shall  Iiave  the  power  and  it  shall 
be  its  dutv  to  forfeit  the  license  of  such  licensee;  and   thereafter  it  shall 


551  ANIMALS.  Act  184a,  §§  8-10 

be  unlawful  for  tho  owner  of  said  slaughtering  establishment,  or  for 
any  other  jiei'son  to. slaughter  any  cattle  in  said  establishment  until  a 
new  ajoplication  is  made  by  him  to  said  board,  aecomi)anied  by  a  fee 
of  twenty-five  dollars;  provided,  however,  that  said  board  shall  have 
the  power  and  it  shall  be  its  duty  to  refuse  to  renew  the  license  of  any 
slaughterer  who  has  knowingly  slaughtered  cattle  without  the  consent 
of  the  owner  thereof. 

§  8.  Record  by  butcher  of  meat  purchase-i.  Slaughter  by  ranchman 
for  own  consumption.  Every  peddler,  butcher  or  retailer  of  meats,  pur- 
chasing the  meat  of  any  bovine  animal,  must  enter  in  a  book  to  be 
kept  for  that  purpose  and  exhibit  the  same  on  demand,  the  name  of  the 
person  from  whom  said  meat  was  purchased  or  otherwise  obtained, 
the  date  of  said  purchase  and  the  quantity  so  purchased. 

It  shall  be  unlawful  for  any  peddler  or  retailer  of  meat,  or  person  in 
control  of  any  butcher-shop,  to  purchase  the  meat  of  any  slaughtered 
bovine  animal  from  any  person  not  known  to  him  to  be  licensed  under 
the  provisions  of  this  act. 

Any  person  who  fails  on  demand  to  inform  any  officer  of  this  state 
where  and  from  whom  he  has  obtained  any  meat  of  any  bovine  animal 
that  he  has  in  his  possession,  shall  be  deemed  guilty  of  a  misdemeanor. 

Nothing  in  this  act  shall  be  so  construed  as  to  prohibit  an  owner  of 
property,  or  a  ranchman  located  on  a  definite  property  as  a  tenant, 
lessee  or  purchaser  under  contract,  from  slaughtering  cattle  in  small 
numbers  on  said  premises  for  his  own  consumption,  and  nothing  herein 
shall  be  so  construed  as  to  prohibit  such  ranchman  from  selling  or  giv- 
ing away  a  portion  thereof;  provided,  that  such  person  shall  not  be  re- 
quired to  take  out  a  license. 

§  9.  Hides  retained.  Record  of  cattle  slaughtered.  The  hides  of  all 
such  cattle  slaughtered  by  the  owner  thereof,  or  removed  from  any  cattle 
which  have  died  from  any  cause,  shall  be  retained  in  the  possession  of 
the  owner  where  the  same  may  be  inspected,  with  the  brands  attached 
thereto,  and  without  any  alteration  or  disfiguration  thereof,  for  a  period 
of  at  least  fiften  days  after  the  death  of  said  cattle,  or  until  said  hides 
are  inspected. 

Every  ranchman,  who  so  slaughters  cattle  on  such  premises,  shall  keeY\ 
a  record  in  a  book  to  be  kept  for  that  purpose  of  all  the  cattle  so 
slaughtered  by  him,  with  a  description  thereof,  including  all  the  marks 
and  brands  of  such  slaughtered  cattle,  the  date  of  slaughter,  and  shall 
at  the  end  of  each  month,  make  a  true  and  correct  copy  of  such  record 
and  send  the  same  by  registered  mail  to  the  office  of  the  cattle  protec- 
tion board,  and  shall  likewise  exhibit  the  said  record  on  demand  of 
any  officer  of  this  state. 

§  10.  No  cattle  slaughtered  until  inspected.  No  cattle  except  cattle 
shipped  for  slaughter  and  which  have  been  inspected  as  herein  provided 
prior  to  shipment,  shall  be  slaughtered  until  they  shall  have  been  first 
inspected  and  certified  to  as  being  the  property  of  the  person  slaughter- 
ing same  or  causing  same  to  be  slaughtered  or  being  duly  authorized 
by  the  owner  thereof  to  slaughter  said   cattle;   provided,  that   any  per- 


Act  184a,  §§  11-14  general  laws.  552 

son  licensed  hereunder  to  slaughter  cattle  after  twenty-four  hours'  notice 
in  writing,  addressed  to  the  local  inspector  demanding  his  presence  at 
a  specified  time  and  place  for  the  purpose  of  inspecting  such  cattle  for 
slaughtering,  may,  without  the  certificate  of  inspection  of  said  inspec- 
tor slaughter  said  cattle,  providing  he  makes  a  written  statement 
designating  the  general  description  of  the  animal  or  animals  slaughtered, 
such  as  the  age,  color,  weight,  etc.,  and  specifying  in  detail  the  ear- 
marks and  brands  of  such  animal  or  animals;  and  provides,  further,  that 
he  retain  the  hides  of  such  animal  or  animals  for  at  least  fifteen  days 
thereafter  as  hereinbefore  provided. 

§  11.  Certificate  of  brand,  etc.,  before  shipment.  It  shall  be  unlawful 
for  any  coniiiion  carrier  to  receive  any  cattle,  or  the  hides  of  any  cattle, 
for  transiiortation  to  points  within  or  without  this  state  until  such 
carrier  shall  have  been  furnished  with  duplicate  certificates  signed  by 
an  inspector,  showing,  in  the  case  of  cattle,  the  brands  and  earmarks 
of  such  cattle,  the  number  of  cattle  of  each  earmark  and  brand,  the 
names  of  shipper  and  consignee  and  also  the  origin  and  destination  of 
said  cattle.  In  the  case  of  cattle  hides,  the  certificates  shall  state  the 
number  of  hides,  the  names  of  shipper  and  consignee  and  also  the  origin 
and  destination  of  said  hides.  One  copy  of  said  certificates  shall  be 
mailed  forthwith  by  the  agent  or  other  person  in  control  of  the  com- 
mon carrier  at  the  point  at  which  said  cattle  are  received  for  ship- 
ment, to  the  consignee. 

§  12.  Inspection  of  cattle  to  be  shipped.  It  shall  be  the  duty  of 
inspectors  to  inspect  all  cattle  for  marks  and  brands  which  are  offered 
for  transportation  to  any  common  carrier  at  the  loading  stations  thereof. 

If  upon  such  inspection  cattle  shall  be  found  not  belonging  to  the 
shipper,  all  such  cattle  shall  be  taken  by  the  inspector  and  dealt  with  in 
accordance  with  the  rules  of  the  board  in  such  cases  made. 

Ius]iectors  must  insjiect  all  cattle  subject  to  inspection  immediately, 
and  when  inspected,  tlie  one  in  ciiarge  thereof  shall  at  once  pay  to  the 
inspector  therefor  the  sum  of  five  i-ents  jier  head,  whereupon  the  in- 
sjKM-tor  shall  certify  tiiat   said   cattle   have  becTi   inspected. 

§13.  Volumes  for  recordation  of  marks  and  brands.  It  shall  be  the 
duty  of  the  said  huanl  lo  |irepare  volumes  for  the  recordation  of  said 
marks  and  brands,  and  lo  Uee|i  a  true  record  of  all  its  official  transac- 
tions. When  cattle  or  the  hides  thereof  have  been  shipped  or 
slaughtereil.  each  record  1  hereof  must  be  entered  under  the  name  of 
the  owner  ot  said  mark  or  lnand.  and  must  l)e  entered  in  such  a  manner 
as  to  disclose  under  the  record  of  each  particular  mark  or  brand,  the 
number  of  calth  biaring  any  other  marks  or  brands.  An  index  ohall 
be  kept  of  unrecoided  bramls,  as  well  as  of  those  that  have  been  re- 
corded  under  the   provisions   hereof. 

§14.  Driving  cattle  off  range.  .\ny  person,  not  being  the  owner,  or 
having  the  right  of  |iossis-ifm,  of  an\-  cattle,  wlio  shall  he  found  driv- 
ing Huch  cattle  ofT  its  usual  ran;;e,  uilhout  the  consent  of  the  owner 
lliereof,   shall    he    guilty    f)f'    ;;rriii(|    larceny. 


553  APPROPRIATIONS.  Act  217,  §  2 

§  15.  Report  of  fees  by  secretary.  The  secretary  of  the  cattle  pro- 
tection board,  at  least  as  often  as  once  each  month,  shall  report  to  the 
state  controller  the  total  amount  of  fees  collected,  and  at  the  same 
time  he  shall  pay  into  the  state  treasury  the  entire  amount  of  such 
receipts.  All  such  receipts  shall  be  credited  to  the  cattle  protection 
fund,  which  fund  is  hereby  created,  and  shall  be  held  subject  to  the 
uses  of  the  cattle  protection  board,  as  defined   in  this  act. 

§  16.  "Range."  "Person."  "Cattle."  The  term  "range"  for  the  pur- 
pose of  the  interpretation  and  application  of  this  act  shall  be  understood 
to  mean  the  inclosed  or  uninclosed  lands  outside  of  cities,  towns  and  vil- 
lages in  this  state,  whether  of  the  public  domain  or  in  private  ownership, 
upon  which  by  custom,  license  or  otherwise,  cattle  are  kept  or  permitted 
to  roam  and  feed. 

The  term  "person"  wherever  used  includes  every  person,  persons,  firm, 
association  or  corporation. 

The  term  "cattle"  wherever  used  includes  every  kind  of  animal  of  the 
bovine  species. 

§  17.  Penalty.  Any  person  violating  any  provisions  of  this  act  shall, 
unless  otherwise  specifically  designated  herein,  be  guilty  of  a  misde- 
meanor. 

§  18.  Repealed.  All  acts  and  parts  of  acts  in  conflict  herewith  are 
hereby  repealed. 

TITLE  30. 
APPROPRIATIONS. 

ACT  217. 

An  act  making  appropriations  for  the  support  of  the  government  of  the 
state   of   California   for   the   sixty-ninth    and   seventieth  fiscal   years. 

[Apjiroved   May  14,   1917.     Stats.   1917,  p.  488.     In  effect  immediately.] 

The  general  appropriation  act  of  1917  contained  the  following  pro- 
visions: 

§  2.  Expenditures  for  printing,  etc.  The  various  sums  herein  appro- 
priated for  printing,  binding,  ruling,  materials  and  all  other  work  pro- 
vided for  by  law  to  be  done  in  the  state  printing  office  shall  be  ex- 
pended only  upon  requisitions  to  be  approved  by  the  state  board  of 
control,  and  said  board  is  authorized  and  given  power  to  reduce  the 
amount  of  such  requisitions  either  in  whole  or  in  any  item  thereof. 
When  any  state  publication  is  printed  and  paid  for  out  of  any  appro- 
priation in  this  act.  the  disposition  of  the  same  shall  be  subject  to  the 
provisions  of  section  two  thousand  two  hundred  ninety-fivea  of  the 
Political  Code  of  the  state  of  California.  The  sums  that  are  herein 
appropriated  for  expenses  of  the  senate  and  assembly  shall  be  disbursed 
under  the  direction  of  the  bodies  to  which  they  respectively  belong,  and 
shall  not  be  subject  to  any  of  the  provisions  of  section  six  hundred 
seventy-two   of   the    Political    Code;    provided,    that    the    state    controller 


Act  217,  §3  GENERAL    LAWS.  554 

shall  not  be  required  to  draw  warrants  until  the  origiual  claims  and 
vouchers,  itemized  and  properly  sworn  to,  are  filed  with  him.  The 
sums  herein  appropriated  for  the  expenses  of  the  national  guard  shall 
be  audited  by  the  adjutant-general,  as  required  by  sections  two  thou- 
sand eighty-three  and  two  thousand  eighty-five  of  the  Political  Code. 
Not  more  than  five  hundred  dollars  of  the  money  hereby  appropriated 
for  the  support  of  tlie  institutions  of  the  state  shall  be  used  in  each 
fiscal  year  for  permanent  improvements,  but  shall  be  used  solely  for 
the  payment  of  salaries  and  traveling  expenses  of  the  commissioners  or 
directors  having  charge  of  the  same  (when  such  salaries  or  expenses 
are  allowed  by  law),  the  salaries  of  employees,  the  purchase  of  material 
and  supplies  for  the  use  of  said  institutions,  and  for  such  incidental  and 
current  expenses  as  may  be  necessarily  incurred  for  the  proper  manage- 
ment and  support  of  said  institutions. 

§  3.  Biannial  statement  of  state  officers.  Original  bills  req.uired. 
Revolving  fiuid.  All  persons  having  demands  against  the  state,  the 
various  state  officers,  and  the  officers  of  all  institutions  under  the  con- 
trol of  the  state,  except  the  governor,  to  whom  and  for  which  appro- 
priations other  than  salaries  are  made  under  the  provisions  of  this  act, 
shall,  with  their  biennial  report,  submit  a  detailed  statement,  under 
oath,  of  the  manner  in  which  all  appropriations  for  their  respective  de- 
partments and  institutions  have  been  expended,  and  the  state  board  of 
control  is  hereby  expressly  prohibited  from  allowing  any  demand  pay- 
able out  of  any  such  appropriations  until  the  same  are  presented  in 
itemized  form,  accompanied  by  affidavit  and  voucher  for  money  ex- 
pended by  them,  -stating  specifically  the  service  rendered,  by  whom  per- 
formed, time  employed,  distance  traveled,  and  necessary  expenses 
thereof;  if  for  articles  purchased,  the  name  of  each  article,  together 
with  the  price  paid  for  each  and  of  whom  purchased,  with  the  date  of 
the  purchase;  provided,  that  in  instances  where  the  duties  of  any  state 
officer  or  board  make  necessary  the  use  of  moneys  for  purposes  of  a 
confidential  nature,  the  board  of  control  may  audit  claims  for  such 
expense  without  requiring  itemization  or  vouchers;  but  such  claims 
must  be  accompanied  by  a  statement  of  the  facts  surrounding  the  ex- 
penditure, which  statement  must  be  filed  in  the  office  of  the  board  of 
control;  provided,  further,  that  the  total  amount  so  allowed  for  such 
confidential  purjioses  from  ihc  moneys  herein  appropriated  shall  not 
exceed  in  any  one  fiscal  year  the  sum  of  two  thousand  dollars.  All  bills 
and  votifhors,  which  shall  be  presented  for  supplies  furnished  or  services 
rendered,  shall  be  original  bills  and  vouchers  of  the  parties  furnishing 
supplies  and  rendering  services;  i)rovided,  that  no  officer  shall  use  or 
appropriate  any  money,  appropriated  by  this  act,  for  any  purpose  what- 
soever, unless  authorized  thereto  by  law;  and  provided,  that  any  officer, 
lioard,  commission  or  dejiartnient  for  whom  any  appropriation  is  made 
herein,  may,  wi1h  tlu'  pcMiii^sidii  of  lln'  hoard  of  control,  and  without 
at  the  time  f'uriiislnn^  vonciicrs  and  itemized  statements,  draw  from 
Kuch  ap[)ropriation  a  sum  not  to  exceed  one  thousand  dollars  for  any 
.such  ollicer,  l)oard,  commission  oi'  department.  The  sum  so  drawn  shall 
be  used  as  a  revolving  fund    where  cash   advances  are  necessary,  and  at 


555  ARCATA.  Aet223 

tlie  close  of  eivcli  fij<cal  year,  or  at  aii}-  other  time,  mmoii  the  demand  of  the 
board  of  control,  must  be  accounted  for  and  su))stantiatcd  by  vouchers 
and  itemized  statements  submitted  to  and  audited  by  the  board  of 
control  and  the  controller. 

§  4.  Amounts  expendable  monthly.  Not  more  than  one  twenty-fourth 
of  the  amount  appr(>]iriated  under  this  act  for  each  department  or  in- 
stitution for  the  two  years  ending  June  thirtieth,  nineteen  hundred 
seventeen,  shall  be  expended  during  any  one  month  without  the  con- 
sent of  the  state  board  of  control,  and  not  more  than  one-half  of  such 
appropriation  shall  be  expended  during  the  sixty-seventh  fiscal  year, 
unless  the  same  has  been  expressly  authorized  by  this  act. 

§  5.  Excess  expenditures  forbidden.  The  oflicers  of  the  various  de- 
jiartments,  boards,  commissions  and  institutions  for  whose  benefit  and 
support  appropriations  are  made  in  this  act  are  expressly  forbidden 
to  make  any  expenditure  in  excess  of  such  appropriations,  except  the 
unanimous  consent  of  the  state  board  of  control  be  first  obtained,  and  a 
certificate,  in  writing,  duly  signed  by  every  member  of  said  board,  of 
the  unavoidable  necessity  of  such  expenditure;  and  any  indebtedness 
attempted  to  be  created  against  the  state  in  violation  of  the  provisions 
of  this  section  shall  be  absolutely  null  and  void;  and  shall  not  be  al- 
lowed by  said  state  board  of  control  nor  paid  out  of  any  state  appro- 
]iriations;  provided,  that  any  member  of  any  such  department,  board,  com- 
missions or  institutions,  who  shall  vote  for  any  expenditure,  or  create 
any  indebtedness  against  the  state  in  excess  of  the  respective  appro- 
priations made  by  this  act,  except  by  the  unanimous  consent  of  the  state 
board  of  control,  and  the  certificate  in  this  section  provided  to  be  first 
obtained,  shall  be  liable  on  his  official  bond  for  the  amount  of  such  in- 
debtedness, to  be  recovered  in  any  court  of  competent  jurisdiction  by 
the  person  or  persons,  firm  or  corporation  to  whom  such  indebtedness 
is  owing. 

§  6,  Fire  insurance.  No  money  approiiriated  by  this  act  shall  be  used 
to  renew,  or  pay  for  the  renewal  of  any  fire  insurance  on  any  public 
building  or  property,  nor  to  effect  or  pay  for  any  new  insurance  on  any 
jiublic  building  or  property,  excejjf  the  state  printing  office  and  its 
contents. 

§7.  Urgency  measure.  This  act,  inasmuch  as  it  provides  for  an  ap- 
propriation for  the  usual  current  expenses  of  the  state  shall,  under  the 
provisions  of  section  one,  of  article  four,  of  the  constitution  of  the  state 
of  California,  take  effect  immediately. 

TITLE  32.  ' 

ARCATA. 
ACT  223. 

An  act  granting  to  the  city  of  Areata  tide  and  submerged  lands  of  the 
state  of  California,  including  the  right  to  wharf  out  therefrom  to  the 


Act  223,  §  1  GENERAL   LAWS.  556 

city    of    Areata,    and    regulating    the    management,    use    and   control 
thereof. 
[Approved  May  18,  1917.     Stats.  1917,  p.  708.     In  effect  July  27,  1917.] 

§  1.  Tide-lands  granted  to  Areata.  Use  of  lands.  Right  to  rents. 
Right  of  state  to  use  wharves.  No  discrimination  in  rates.  Right  to 
fish  reserved.  There  is  hereby  granted  to  tiie  city  of  Areata,  a  municipal 
corporation  of  the  state  of  California,  and  to  its  successors,  all  the  right, 
title  and  interest  of  the  state  of  California,  held  by  said  state  by  virtue 
of  its  sovereignty,  in  and  to  all  tide  and  submerged  lands,  whether  filled 
or  unfilled,  situate  in  the  county  of  Humboldt,  state  of  California,  and 
described  as  follows,  to  wit: 

Commencing  at  a  point  south  eighty-nine  and  one-half  degrees  west 
five  and  ninety-one  one  hundredths  chains,  and  south  thirty-one  degrees 
fifty-two  minutes  west  sixteen  and  twenty-seven  one  hundredths  chains 
from  the  center  of  section  thirty-two,  township  six  north,  range  one  east 
of  Humboldt  meridian,  Humboldt  county,  California,  running  thence 
north  two  hundred  fifty  feet  to  south  side  of  dike;  thence  north  seventy- 
five  degrees  west  one  thousand  seven  hundred  fifty  feet  following  the 
south  side  of  the  dike  and  crossing  Daniel's  slough  to  a  point  on  the 
section  line  between  sections  thirty-one  and  thirty-two;  thence  westward 
following  the  south  side  of  the  dike  to  a  point  on  said  dike  south  seventy- 
nine  degrees  west  six  thousand  four  hundred  fifty  feet;  thence  south  six 
thousand  four  hundred  forty  feet  to  a  point  one  thousand  sixty  feet 
due  west  of  Beacon  number  nine;  thence  east  four  thousand  feet  to  a  point 
seven  hundred  eighty  feet  south  of  "pier,"  as  marked  on  United  States 
hydrographic  chart  Humboldt  bay  survey  1911,  sheet  three,  thence  north 
fifty-four  and  one-half  degrees  east  two  thousand  three  hundred  seventy- 
five  feet  to  the  end  of  the  fourth  course  as  recited  in  the  description  of 
the  tide-lands  granted  to  the  city  of  Areata  (approved  June  11,  1913); 
thence  north  eighty  degrees  east  five  thousand  seven  hundred  fifty  feet 
to  a  point  on  the  west  side  of  the  right  of  way  of  the  Northwestern 
Pacific  Railroad  Company;  thence  following  the  west  line  of  the  North- 
western Pacific  Railroad  Company's  right  of  way  to  a  point  in  the  center 
of  Butcher's  slough  north  twenty-seven  degrees  and  fifty  minutes  west 
four  thousand  five  hundred  feet;  thence  north  fifty-two  and  one-half 
degrees  west  six  and  twelve  one-hundredths  chains;  thence  north  seventy- 
one  and  one-half  degrees  west  four  and  five  one-hundredths  chains; 
thence  north  fifty-three  and  one-half  degrees  west  eleven  and  twenty- 
six  one-hundredths  chains;  thence  north  thirty-one  and  one-half  degrees 
west  two  and  six  one-hundredths  chains  to  the  place  of  beginning. 

Said  lands  shall  be  forever  held  by  said  city,  and  by  its  successors,  in 
trust  for  the  uses  and  purposes  and  iijion  the  express  conditions  follow- 
ing, to  wit: 

That  said  lands  shall  be  used  by  saitl  city  and  its  successors,  solely 
for  the  establishment,  improvement  and  conduct  of  a  harbor,  and  for 
the  construction,  maintenance  and  operation  thereon  of  wharves,  docks, 
piers,  slips,  quays,  and  otlicr  utilities,  structures  and  ajipiiances  neces- 
sary or  convenient  for  the  promotion  .ukI  accommodation  of  commerce 
and  navigation,  and  said  city,  or  its  surccssors,  shall  not,  at  any  time, 
grant,    convey,   give    or   alien    said   lands,    or    any   part   thereof,   to   any 


557  ABCATA.  Act  223,  §1 

individual,  firm  or  corporation  for  any  purpose  whatever;  provided,  that 
said  cit3',  or  its  successors,  may  grant  franchises  thereon,  for  limited 
periods,  for  wharves  and  other  public  uses  and  purposes,  and  may  lease 
said  lands,  or  any  part  thereof,  for  limited  periods,  for  purposes  con- 
sistent with  the  trusts  upon  which  said  lands  are  held  by  the  state  of 
California  and  with  the  requirements  of  commerce  or  navigation  at 
said  harbor,  for  a  term  not  exceeding  twenty-five  years,  and  on  such 
other  terms  and  conditions  as  said  city  may  determine,  including  a  right 
to  renew  such  lease  or  leases  for  a  further  term  not  exceeding  twenty- 
five  years  or  to  terminate  the  same  on  such  terms,  reservations  and 
conditions  as  may  be  stipulated  in  such  lease  or  leases,  and  said  lease 
or  leases  may  be  for  any  and  all  purposes  which  shall  not  interfere  with 
navigation  or  commerce,  with  reversion  to  said  city  on  the  termination 
of  such  lease  or  leases  of  any  and  all  improvements  thereon,  and  on  such 
other  terms  and  conditions  as  the  said  city  may  determine,  but  for  no 
purpose  which  will  interfere  with  navigation  or  commerce;  subject  also 
to  a  reservation  in  all  such  leases  or  such  wharfing  out  privileges  of  a 
street,  or  of  such  other  reservation  as  the  said  city  may  determine  for 
sewer  outlets,  and  for  gas  and  oil  mains,  and  for  hydrants,  and  for 
electric  cables  aHi  wires,  and  for  such  other  conduits  for  municipal 
purposes,  and  for  such  public  and  municipal  purposes  and  uses  as 
may  be  deemed  necessary  by  the  said  city;  provided,  however,  that 
each  person,  firm  or  corporation  or  their  heirs,  successors  or.  as- 
signs now  in  possession  of  land  or  lands  abutting  on  said  lands 
within  the  boundaries  of  the  city  of  Areata,  shall  have  a  riglit  to 
obtain  a  lease  for  a  term  of  twenty-five  years  from  said  city  of  said 
land  and  wharfing  out  privileges  therefrom  with  a  right  of  renewal  for 
a  further  term  of  twenty-five  years  pursuant  to  the  provisions  of  this 
act  and  on  such  terms  and  conditions  as  said  city  may  determine  and 
specify,  subject  to  the  right  of  said  city  to  terminate  said  lease  at  the 
end  of  the  first  twenty-five  years  or  refuse  to  renew  the  same,  or  to 
terminate  the  lease  so  renewed  during  the  term  of  such  renewed  lease  on 
such  just  and  reasonable  terms  for  compensation  for  improvements  at 
the  then  value  of  said  improvements  as  said  city  may  determine  and 
specify. 

Upon  obtaining  such  lease  and  wharfing  out  privileges  such  person,  firm 
or  corporation,  their  heirs  or  assigns,  shall  quitclaim  to  said  city  any  right 
they  or  any  of  them  may  claim  or  have  to  the  said  lands  hereby  granted. 

This  gratot  shall  carry  the  right  to  such  city  of  the  rents,  issues  and 
profits  in  any  manner  hereafter  arising  from  the  lands  or  wharfing  out 
privileges  hereby  granted. 

The  state  of  California  shall  have,  at  all  times,  the  right  to  use, 
without  charge,  all  wharves,  docks,  piers,  slips,  quays  and  other  improve- 
ments constructed  on  said  lands  or  any  part  thereof,  for  any  vessel  or 
other  water  craft,  or  railroad  owned  or  operated  by  the  state  of  Cali- 
fornia. 

No  discrimination  in  rates,  tolls  or  charges  or  in  facilities  for  any  use 
or  service  in  connection  therewith  shall  ever  be  made,  authorized  or 
permitted  by  said  city  or  its  successors  in  the  management,  conduct  or 
operation  of  any  of  the  utilities,  structures  or  appliances  mentioned  in 
this   section. 


Acts  248-297,  §  7  general  laws.  558 

There  is  hereby  reserved  in  the  people  of  the  state  of  California  the 
right  to  fish  in  the  waters  on  which  said  lands  may  front  with  the  right 
of  convenient  access  to  said  waters  over  said  lauds  for  said  purpose. 

TITLE  38. 

ASEXUALIZATION. 

ACT  2i8. 

An  act  to  provide  for  the  asexualization  of  inmates  of  state  hospitals 
for  the  insane,  the  Sonoma  State  Home,  of  convicts  in  the  state 
prisons,  and  of  idiots,  and  repealing  an  act  entitled  "An  act  to  per- 
mit asexualization  of  inmates  of  the  state  hospitals  and  the  Cali- 
fornia Home  for  the  Care  and  Training  of  Feeble-minded  Children 
and  of  convicts  in  the  state  prisons,"  approved  April  26,  1909. 

[Approved  June  13,  1913.     Stats.  1913,  p.  775.]. 

Amended  1917;  Stats.  1917,  p.  571. 

The  amendment  of  1917  follows: 

§  1.  Asexualization  of  inmates  of  hospitals  for  insane  before  release. 
Before  any  person  who  has  been  lawfully  committed  to  any  state  hospital 
for  the  insane,  or  who  has  been  an  inmate  of  the  Sonoma  State  Home,  and 
who  is  afflicted  with  mental  disease  which  may  have  been  inherited  and 
is  likely  to  be  transmitted  to  descendants,  the  various  grades  of  feeble- 
mindedness, those  suffering  from  perversion  or  marked  departures  from 
normal  mentality  or  from  disease  of  a  syphilitic  nature,  shall  be  re- 
leased or  discharged  therefrom,  the  state  commission  in  lunacy  may  in 
its  discretion,  after  a  careful  investigation  of  all  the  circumstances  of  the 
case,  cause  such  person  to  be  asexualized,  and  such  asexualization  whether 
with  or  without  the  consent  of  the  patient  shall  be  lawful  and  shall  not 
render  the  said  commission,  its  members  or  any  person  participating  in 
the   operation   liable   either   civilly   or   criminally. 

TITLE  47. 

BANKS   AND   BANKING. 
ACT  297. 

An  act  to  ileline  and  r('i;ula1o  the  business  of  banking. 
lApjiroved    March    1,    1909.     Stats.    1909,    ]>.    S7.] 

Amended   1911,  pp.  7,  958,  1003,   1008;   1911   (Ex.  Sess.),  pp.  2,  115; 

l»i:{,  pp.   130,  335;    1915,  pp.  297,  1104,   1138,   1139;   1917,  pp.  586,  598, 

(i'J2. 

§  7.  Foreign  corporations.  Capital  and  deposits  kept  separate.  Loans, 
Income  as  profits.  Attorney.  Service  of  process.  Trust  company  as 
executor.  Branch  office  prohibited.  May  lend  money.  No  foreign  cor- 
poration shall  transact  a  banking  business  in  this  state  without  first 
complving  wilii  all  the  requirements  of  the  laws  of  this  state  relative 
to  banks  as  defined  in  this  act,  and  without  having  assigned  to  its 
business  in  this  state  the  amount  of  j.aid-up  capital  and  surplus  required 
by  this  act  for  the  transaction  of  such  l)usincss  within  this  state.  No 
foreign    banking   cori^oration    shall    transact    business   in    this   state    until 


r)59  BANKS  AND  BANKING.  Ac't  297,  <;  7 

such  corporation  luis  made  the  assignment  of  capital  requireil  by  this 
section  and  has  received  a  certificate  from  the  superintendent  of  banks; 
jirovided,  that  a  foreign  banlving  corporation  shall  not  be  permitted  to 
accept  deposits  of  money  in  this  state  but  may  receive  a  certificate  from 
the  superintendent  of  banks  to  transact  in  thi?  state  only  the  business 
of  buying  or  selling,  paj'ing  or  collecting  bills  of  exchange,  or  of  issuing 
letters  of  credit  or  of  receiving  money  for  transmission  or  transmitting 
the  same  by  draft,  check,  cable  or  otherwise,  or  of  making  loans;  and 
provided,  further,  that  those  foreign  banking  corporations  that  now  have 
jiower  to  do  a  banking  business  in  this  state  and  which  now  receive  de- 
posits of  money  shall  be  permitted  to  continue  to  accept  money  on  deposit. 
Any  foreign  banking  corporation  transacting  business  in  this  state  shall 
become  subject  to  the  supervision  of  the  state  superintendent  of  banks. 
EVery  foreign  banking  corporation,  including  those  which  were  on  January 
second,  nineteen  hundred  thirteen,  transacting  business  in  this  state,  which 
receives  any  deposits  or  transacts  any  other  banking  business  or  transacts 
its  business  in  such  a  manner  as  might  lead  the  public  to  believe  that  its 
business  is  that  of  a  bank  shall  conduct  all  its  business  in  accordance 
with  the  statutes  governing  incorporated  banking  institutions  organized 
under  the  laws  of  this  state.  The  capital  of  any  such  foreign  banking 
corporation  assigned  to  its  business  in  this  state  and  all  funds  and 
deposits  of  money  received  by  any  such  corporation  in  this  state  or  for 
or  in  connection  with  its  business  in  this  state  and  all  accounts  and 
transactions  of  said  business  transacted  by  any  snch  foreign  corporation 
in  this  state  shall  be  kept  separate  and  apart  from  the  general  business, 
assets  and  accounts  of  such  foreign  corporation  in  the  same  manner 
as  if  the  business  of  such  foreign  corporation  conducted  within  this 
state  was  that  of  a  separate  and  independent  corporation  organized 
under  the  laws  of  this  state  for  the  purpose  of  doing  a  banking  business 
and  all  of  the  provisions  of  this  act  affecting  investments,  loans  of 
money,  receiving  deposits  and  conducting  business  in  any  respect  shall 
be  deemed  to  apply  to  such  assigned  capital,  investments,  loans,  deposits, 
assets,  funds  and  business  in  the  same  manner  as  if  such  assigned  capital, 
investments,  loans,  deposits,  assets,  funds  and  business  were  thal^  of 
such  separate  and  independent  corporation;  provided,  that  loans  may 
be  made  by  any  such  foreign  corporation  based  on  its  entire  paid-up 
capital  and  surplus  in  case  such  foreign  corporation  shall  have  assigned 
to  its  business  in  this  state  a  paid-up  capital  and  surplus  as  above  pro- 
vided equal  to  twenty  per  centum  of  the  deposit  liability  of  such  branch 
agency  or  office  to  residents  of  this  state.  Such  funds  and  investments 
or  loans  thereof  shall  be  appropriated  solely  to  the  security  and  payment 
of  such  deposits,  and  shall  not  be  mingled  with  the  investments  of  the 
capital  stock  or  other  money  or  property  belonging  to  such  coriJoration 
or  be  liable  for  the  debts  or  obligations  thereof.  All  income  received 
from  the  investment  of  said  funds  over  and  above  such  funds  as  may 
be  paid  to  depositors  as  interest  or  shall  be  carried  to  the  surplus  fund, 
as  provided  in  section  twenty-one  of  this  act,  shall  accrue  as  profits  to 
the  corporation  and  may  be  transferred  to  its  general  funds.  No  such 
foreign  corporation  shall  transact  any  banking  business  in  this  state  until 
it  has  executed  and  filed  with  the  superintendent  of  banks  a  written 
instrument    appointing    such    superintendent    his    successor    in    office,    its 


Act  297,  §  7  GENERAL  LAWS.  560 

true  and  lawful  attorney,  upon  whom  all  process  issued  by  authority  of 
or  under  any  law  of  this  state  may  be  served,  with  the  same  effect  as  if 
such  corporation  was  formed  under  the  laws  of  this  state  and  had  been 
lawfully  served  with  process  therein.  Such  service  upon  such  attorney 
shall  be  deemed  personal  service  on  such  corporation.  The  superintend- 
ent of  banks  shall  forthwith  forward  by  mail,  postage  prepaid,  a  copy  of 
every  process  served  upon  him  under  the  provisions  of  this  section, 
addressed  to  the  manager  or  agent  of  such  corporation,  at  its  principal 
place  of  business  in  this  state.  For  each  copy  of  process,  the  superin- 
tendent of  banks  shall  collect  the  sum  of  two  dollars,  which  shall  be 
paid  by  the  plaintiff  or  moving  party  at  the  time  of  the  service,  to  be 
recovered  by  him  as  a  part. of  his  taxable  costs  if  he  succeed  in  the  suit 
or  proceeding.  No  foreign  corporation  shall  have  or  exercise  in  this 
state  the  power  to  receive  deposits  of  trust  moneys,  securities  or  other 
personal  property  from  any  person  or  corporation  or  any  of  the  powers 
specified  in  section  six  of  this  act,  nor  have  or  maintain  an  ofl&ce  in  this 
state  for  the  transaction  of,  or  transact,  directly  or  indirectly,  any  such 
or  similar  business,  except  that  a  trust  company  incorporated  in  another 
state  may  have  or  exercise  in  this  state  such  powers  as  are  permitted  to 
foreign  corporations  by  the  provisions  of  section  ninety  of  this  act  and 
may  be  appointed  and  may  accept  appointment  and  may  act  in  this  state 
as  executor  of  or  trustee  under  the  last  will  and  testament  of  any  de- 
ceased person,  upon  giving  the  bond  required  in  such  cases  of  individuals 
unless  waived  by  the  last  will  and  testament  making  such  appointment 
and  by  taking  and  subscribing  an  oath  for  faithful  performance  of  such 
trust  by  the  president,  vice-president,  secretary,  manager  or  trust  officer 
of  said  corporation;  provided,  that  such  superintendent  of  banks,  for  the 
time  being,  shall  be  attorney  of  such  foreign  corporation  qualifying  or 
acting  in  this  state  as  such  executor  or  trustee,  upon  whom  process 
against  such  foreign  corporation  may  be  served  in  any  action  or  legal 
proceeding  against  such  executor  or  trustee  affecting  or  relating  to  the 
estate  or  property  represented  or  held  by  such  executor  or  trustee,  or  any 
act  or  default  of  such  foreign  corporation  in  reference  to  such  estate  or 
projterty,  and  it  shall  be  the  duty  of  any  such  foreign  corporation  so 
qualifying  or  acting  to  file  in  the  ofiice  of  said  superintendent  of  banks 
a  copy  of  its  articles  of  incorporation,  or  of  the  statute  chartering  such 
corporation,  certified  by  its  secretary  under  its  corporate  seal,  together 
with  the  postoffice  address  of  its  home  office,  and  a  duly  executed  ap- 
pointment of  said  superintendent  of  banks  as  its  attorney  to  accept 
service  of  process  as  above  provided,  and  said  superintendent  of  banks, 
when  any  such  process  is  served  upon  him,  shall  at  once  mail  the  papers 
so  served  to  the  home  office  of  such  corporation;  and  provided,  further, 
that  no  foreign  cor|»oration  which  may  have  or  exercise  in  this  state  such 
powers  as  are  permitted  to  foreign  corporations  by  the  provisions  of  sec; 
tion  ninety  of  this  act  or  having  authority  to  act  as  executor  of  or  trustee 
under  the  last  will  and  testament  of  any  deceased  person  shall  establish 
or  maintain,  directly  or  indirectly,  any  branch  office  or  agency  in  this 
state,  or  shall  in  any  way  solicit,  directly  or  indirectly,  any  business  as 
executor  or  Irn.stcc  therein,  and  that  for  ;iny  violation  of  this  ])roviso, 
tlie  court  having  Jurisdiction  of  such  (>xecutor  or  trustee  in  said  proceed- 
ing may   in   its  iliscrelion,   revoke   the   right   of  such   foreign   corporation 


561  BANKS  AND  BANKING.  Act  297,  §§  8,  9 

thereafter  to  act  as  executor  or  trustee  thcreiu;  provided,  that  nothing  in 
this  act  shall  limit  or  affect  the  right  of  any  foreign  corporation  doing 
a  banking  business  in  this  state,  to  lend  within  this  state,  moneys  of 
such  corporation  which  do  not  form  a  part  of  the  moneys,  deposits  or 
assets  of  such  corporation  assigned  or  belonging  to  its  business  in  this 
state. 

This  section  shall  not  be  construed  to  prohibit  foreign  banking  cor- 
porations, which  do  not  maintain  an  office  in  this  state  for  the  transac- 
tion of  business,  from  making  loans  in  this  state  secured  by  mortgages 
on  real  property,  nor  from  accepting  assignments  of  mortgages  covering 
real  property  situated  in  this  state,  nor  from  making  loans  through  cor- 
respondents which  are  engaged  in  the  business  of  banking  in  this  state 
under  the  laws  of  this  state.  [Amendment  approved  May  17,  1917; 
Stats.  1917,  p.  598.] 

§  8.  Copy  of  articles  of  incorporation.  Affidavit,  livery  corporation, 
at  the  time  it  applies  for  a  certificate  of  authority  to  do  a  banking 
business,  must  file  with  the  superintendent  of  banks  a  certified  copy  of 
its  articles  of  incorporation,  or  of  the  statute  chartering  such  corpora- 
tion, a  certified  copy  of  its  by-laws,  and  also  a  certified  copy  of  all  in- 
struments amending  or  altering  such  articles  of  incorporation  or  charter 
or  by-laws.  Thereafter  a  certified  copy  of  each  amendment  or  certificate 
designed  to  increase  or  decrease  the  capital  stock,  to  change  the  number 
of  the  directors,  to  amend  the  articles  of  incorporation,  to  change  the 
principal  place  of  business,  or  the  name  of  such  corporation,  or  to  effect 
any  other  organic  change  shall  likewise  be  so  filed  before  such  instru- 
ment takes  effect.  There  must  also  be  filed  in  the  office  of  the  superin- 
tendent of  banks  before  he  shall  issue  his  certificate  a  certified  copy  of 
the  affidavit  required  by  section  two  hundred  ninety  a  of  the  Civil  Code. 
Each  certification  required  by  the  provisions  of  this  section  other  than 
that  of  by-laws  must  be  by  the  secretary  of  state.  [Amendment  ap- 
proved May  17,  1917;  Stats.  1917,  p.  601.] 

§  9.  Approval  for  opening  branch  office.  Capital.  Discontinuance. 
Certificate  of  authority.  Fee.  Savings  banks  in  schools.  Penalty.  No 
bank  in  this  state,  or  any  officer  or  director  thereof,  shall  hereafter  open 
or  keep  an  office  other  than  its  principal  place  of  business,  without  first 
having  obtained  the  written  approval  of  the  superintendent  of  banks  to 
the  opening  of  such  branch  office,  which  written  approval  may  be  given 
or  withheld  in  his  discretion,  and  shall  not  be  given  by  him  until  he  has 
ascertained  to  his  satisfaction  that  the  public  convenience  and  advantage 
will  be  promoted  by  the  opening  of  such  branch  office;  provided,  that  no 
bank  or  any  officer  or  director  thereof,  shall  open  or  maintain  any  such 
branch  office  unless  the  capital  of  such  bank,  actually  paid  in,  in  cash, 
shall  exceed  the  amount  required  by  this  act  by  the  sum  of  twenty-five 
thousand  dollars  for  each  loranch  office  opened  and  maintained  in  the 
place  where  its  principal  business  is  transacted;  and  provided,  that  for 
each  branch  office  opened  or  maintained  by  any  bank,  other  than  a  bank 
transacting  only  the  business  described  in  section  six  of  this  act,  in 
any  place  in  this  state  other  than  the  place  where  the  principal  business 
of  such  bank  is  transacted,  the  capital  of  such  bank,  actually  paid  in, 
36 


Act  297.  §  10  GENERAL   LAWS.  562 

in  cash,  shall  exceed  the  amount  required  by  this  act  in  the  sum  required 
by  this  act  for  every  bank  hereafter  organized  in  the  place  where  each 
branch  office  is  to  be  opened  or  maintained,  exclusive  of  the  capital  re- 
quired for  a  trust  department;  and  provided,  also,  that  for  each  branch 
office  opened  or  maintained  by  any  corporation  which  has  power  to 
transact  only  such  business  as  is  described  in  section  six  of  this  act  or 
in  section  four  hundred  fifty-three  x  of  the  Civil  Code,  in  any  place  in 
this  state  other  than  the  place  where  the  principal  business  of  such  cor- 
]ioration  is  transacted,  the  capital  of  such  corporation,  actually  paid  in, 
in  cash,  shall  exceed  the  amount  required  by  this  act  in  the  sum  of 
twenty-five  thousand  dollars;  and  provided,  further,  that  no  branch 
office  may  be  discontinued  without  the  previous  written  approval  of  the 
superintendent  of  banks. 

Every  bank,  before  it  opens  a  branch  office,  shall  obtain  the  certificate 
of  authority  of  the  superintendent  of  banks  for  the  opening  of  each  of 
said  branch  offices.  The  ap^jlicant  shall  pay  for  such  certificate  a  fee 
of  fifty  dollars;  provided,  however,  that,  in  order  to  encourage  saving 
among  the  children  of  the  schools  of  this  state,  a  bank  may,  with  the 
written  consent  of  and  under  regulations  ap]3roved  by  the  superintendent 
of  banks  and,  in  the  case  of  public  schools,  by  the  board  of  education  or 
board  of  school  trustees  of  the  city  or  district  in  which  the  school  is 
situated,  arrange  for  the  collection  of  savings  from  the  school  children 
by  the  principal  or  teachers  of  such  schools  or  by  collectors.  The  prin- 
cipal, teacher  or  person  authorized  by  the  bank  to  make  collections  from 
the  school  children  shall  be  deemed  to  be  the  agent  of  the  bank  and 
the  bank  shall  be  liable  to  the  pupil  for  all  deposits  made  with  such  prin- 
cipal, teacher  or  other  person,  the  same  as  if  the  deposits  were  made  by 
the  pupil  directly  with  the  bank.  Every  bank  and  every  such  officer  or 
director  violating  the  provisions  of  this  section  shall  forfeit  to  the  peo- 
ple of  the  state  the  sum  of  one  hundred  dollars  for  every  day  during 
which  any  branch  office  hereafter  opened  shall  be  maintained  without 
such  written  approval.  [Amendment  approved  May  17,  1917;  Stats.  1917, 
p.  fiOl.] 

§  10.  Qualifications  for  bank  director.  Bank  without  capital  stock. 
No  person  shall  be  eligible  for  election  as  director  of  a  bank  having  a 
capital  stock  unless  he  is  a  stockholder  of  the  bank,  owning,  in  his  own 
right,  shares  thereof  of  the  |>ar  value  of  at  least  five  hundred  dollars; 
and  every  person  elected  to  be  director  who,  after  such  election,  shall 
cease  to  be  the  owner  in  his  own  riglit  of  the  amount  of  such  stock 
aforesaid,  or  shall  hyjiothecate  or  in  any  way  pledge  such  stock  as  secu- 
rity for  any  loan  or  debt  shall  immediately  notify  the  superintendent  of 
baiiks  in  writing  of  such  sale  or  hypothecation  and  such  director  may 
!,(•  rcMHjvcMJ  from  1lif  ollice  of  direclor  iiy  the  superintendent  of  banks; 
provided,  however,  that  any  executor  or  executrix,  administrator  or 
administratrix  holding  shares  of  a  bank  of  the  par  value  of  five  hundred 
dollars,  in  his  or  her  representative  capacity  shall  be  eligible  for  election 
as  a  director  thereof.  If  a  bank  be  organized  without  capital  stork, 
no  person  shall  be  eligible  as  a  director  thereof  unless  he  is  both  a 
niem])er  and  a  de[)Ositor  of  sudi  liank.  |  A  niiihliiient  approved  May  17, 
1017;  Stats.   1917,  p.  W2.} 


563  BANKS  AND  IJANKINCi.         Aet  207,  i;  ^  12r-20 

§  12c.  Foreign  corporations  may  lend  money  in  state.  Representative. 
License.  Fee.  Any  corporation  organized  under  the  laws  of  any  country 
or  state  otlier  than  this  state  which  has  complied  with  all  of  the  laws  of 
this  state  pertaining  to  foreign  corporations  and  is  not  engaged  in  the 
liusiness  of  banking  or  receiving  money  on  deposit  in  this  state  may 
lend  money  or  buy  and  sell  bonds  in  this  state  and,  for  that  purpose, 
may  maintain  offices  in  this  state,  and  sue  and  be  sued  in  this  .state 
under  its  pro])er  corporate  name,  notwithstanding  any  prohititions  con- 
tained in  this  act  as  to  the  use  of  any  words  in  the  name,  signs  or 
advertising  matter  of  corporations  not  under  the  supervision  of  the 
sujjerintendent  of  banks;  provided,  that  nothing  in  this  aet  shall  be 
construed  to  prohibit  any  representative  of  ^ny  foreign  banking  cor- 
poration from  maintaining  an  office  in  this  state  as  the  office  of  a  repre- 
sentative and  not  the  place  of  business  of  a  bank  or  trust  company, 
nor  to  prohibit  such  representative  from  making  use  of  any  office  sign 
at  the  place  where  such  representative's  office  is  maintained  having 
thereon  words  indicating  that  such  office  is  the  place  of  business  of  a 
representative  of  a  foreign  bank  or  trust  comj^any;  and  provided,  further, 
that  any  representative  of  a  foreign  bank  maintaining  an  office  within 
this  state  may  make  use  of  such  foreign  bank's  letterheads,  circulars 
and  other  printed  matter  in  the  transaction  of  business  as  such  repre- 
sentative; and  provided,  further,  every  representative  of  any  foreign 
bank  or  trust  company  before  opening  an  office  as  a  representative  shall 
have  received  a  license  from  the  superintendent  of  banks  to  open  such 
representative's  office.  Such  license  may  be  issued  upon  application  to 
the  superintendent  of  banks  and  the  payment  of  an  annual  license  fee 
of  fifty  dollars  and^may  be  refused  or  revoked  by  the  superintendent 
of  banks  at  his  discretion.  [Amendment  approved  May  17,  1917;  Stats. 
1917,  p.  603.] 

§  13.  Corporation  forbidden  to  engage  in  banking.  Express  com- 
panies, etc.,  may  transmit  money.  No  corporation,  domestic  or  foreign, 
other  than  a  corporation  formed  under  or  subject  to  the  banking  laws 
of  this  state  or  of  the  United  States,  except  as  permitted  by  such  laws, 
or  other  than  an  express  company  as  hereinafter  defined  in  this  section, 
shall *by  any  implication  or  construction  be  deemed  to  possess  the  power 
of  carrying  on  the  business  of  discounting  bills,  notes  or  other  evidences 
of  debt,  of  receiving  deposits,  of  buying  and  selling  bills  of  exchange, 
or  of  issuing  bills,  notes  or  other  evidences  of  debt  for  circulation  as 
money,  or  of  engaging  in  any  other  form  of  banking;  nor  shall  any 
such  corporation,  except  an  express  company  having  contracts  with  rail- 
road companies  for  the  operation  of  an  express  service  upon  the  lines 
of  such  railroad  companies,  or  a  transatlantic  steamship  company,  or  a 
transpacific  steamship  company,  or  a  telegraph  company,  or  a  telephone 
company,  possess  the  power  of  receiving  money  for  crausmission  or  of 
transmitting  the  same,  by  draft,  traveler's  check,  money  order  or  other- 
wise.     [Amendment  approved  May  17.  1917;  Stats.  1917,  p.  603.] 

§  20.  Total  reserves  of  commercial  banks.  How  maintained.  If  mem- 
ber of  federal  reserve  bank.  Penalty.  Reserve  depositaries.  Required 
capital;     New    York    banks.     Restoration    of    reserves.     Definitions    of 


Act  297,  §  20  GENERAL   LAWS.  564 

"reserves."  Every  commercial  bank  shall  maintain  total  reserves  against 
its  aggregate  deposits,  exclusive  of  state,  county  and  municipal  deposits 
for  the  repayment  of  which  bonds  have  been  deposited  as  security,  as 
follows: 

1.  Eighteen  per  centum  of  such  deposits  if  such  bank  has  its  principal 
place  of  business  in  a  city  having  a  population  of  one  hundred  thousand 
or  over. 

2.  Fifteen  per  centum  of  such  deposits,  if  such  bank  is  located  in  a 
city  having  a  population  of  fifty  tliousand  or  over  and  less  than  one 
hundred  thousand. 

3.  Twelve  per  centum  of  such  deposits  if  such  bank  is  located  else- 
where in  the  state. 

At  least  one-third  of  the  total  reserves  shall  be  maintained  as  reserves 
on  hand  and  shall  consist  of  gold  coin,  gold  bullion,  United  States  gold 
certificates  or  United  States  notes;  in  addition  thereto,  at  least  one-sixth 
of  the  total  reserves  shall  be  maintained  as  reserves  on  hand  and  shall 
consist  of  gold  coin,  gold  bullion.  United  States  gold  certificates.  United 
States  notes  or  any  form  of  currency  authorized  by  the  laws  of  the 
United  States,  and  the  remainder  of  the  total  reserves  required  by  the 
provisions  of  this  section  shall  be  maintained  as  reserves  on  deposit  or 
as  reserves  on  hand;  such  reserves  on  hand  to  consist  of  gold  coin,  gold 
bullion,  United  States  gold  certificates,  United  States  notes  or  any  form 
of  currency  authorized  by  the  laws  of  the  United  States. 

If  any  bank  shall  have  become  a  member  of  a  federal  reserve  bank, 
it  may  maintain  as  reserves  on  deposit  with  such  federal  reserve  bank 
such  portion  of  its  total  reserves  as  shall  be  required  of  members  of  such 
federal   reserve    bank. 

If  any  bank  shall  not  maintain  the  total  reserves  required  the  super- 
intendent of  banks  may  impose  a  penalty  upon  it,  based  upon  the  length 
of  time  such  encroachment  upon  its  total  reserves  amounting  to  one 
per  centum  or  more  of  its  aggregate  deposits  shall  continue,  at  the 
following   rates: 

1.  At  the  rate  of  six  per  centum  jkm-  annum  upon  any  such  encroach- 
ment not  exceeding  two  jier  centum  of  such  deposits. 

2.  At  the  rate  of  eight  per  centum  per  annum  upon  any  additional 
encroachment  in  excess  of  two  and  not  exceeding  three  per  centum  of 
such   deposits. 

3.  At  the  rate  of  ten  per  centum  per  annum  upon  any  additional 
encroachment  in  excess  of  three  ;iihI  iiol  exceeding  four  per  centum 
of  such   deposits. 

4.  At  the  rate  of  twelve  per  centum  jkt  ainuim  upon  any  additional 
encroachment  in  excess  of  four  per  centum  of  such  deposits. 

The  superintendent  of  banks  shall,  in  his  discretion,  upon  the  nomina- 
tion of  any  Ijank,  designate  a  depositary  or  depositaries  for  the  reserves 
on  deposit  of  such  bank  provided  for  by  this  act.  Except  as  otherwise 
jiiovided  in  tliis  section,  such  depositary  shall  be  a  bank  or  national 
hanking  association  located  in  this  state.  Every  reserve  depositary, 
whicli  has  its  principal  place  of  business  in  a  judicial  township  or  in  a 
city  located  in  tliis  state  in  which  the  populaton  is  less  than  fifty  thou- 
sand, shall  have  at  all  times  as  its  total  reserves  an  amount  equal  to  the 
total   reserves  required  by  the  i)rovisions  of  this  section  for  every  bank 


565  BANKS   AND   BANKING.  Act  297, §  28 

which  has  its  priucipal  place  of  business  in  a  city  having  a  population 
of  fifty  thousand  or  over  and  less  than  one  hundred  thousand.  But  no 
bank  or  national  banking  association  shall  hereafter  be  designated  as  a 
depositary  of  any  such  reserves  unless  it  shall  have  a  combined  capital 
and  surplus  of  not  less  than  the  following  amounts: 

1.  Two  hundred  fifty  thousand  dollars,  if  located  in  a  city  which  has 
a  population  of  three  hundred  thousand  or  over; 

2.  Two  hundred  thousand  dollars,  if  located  in  a  city  which  has  a  popu- 
lation of  one  hundred  thousand  or  over  and  less  than  three  hundred 
thousand; 

3.  One  hundred  fifty  thousand  dollars,  if  located  in  a  city  which  has  a 
population  of  fifty  thousand  or  over  and  less  than  one  hundred  thousand; 

4.  One   hundred  thousand  dollars,  if  located  elsewhere  in  the  state. 
Such  depositary  may  also  be  a  banking  corporation  with  a  capital  and 

surplus  of  one  million  dollars  or  more,  located  in  the  cities  of  New  York, 
Chicago,   Boston,   St.   Louis,   or  Philadelphia. 

If  the  total  reserves  of  any  bank  shall  be  less  than  the  amount  re- 
quired by  this  section,  such  bank  shall  not  increase  its  liabilities  by 
making  any  new  loans  or  discounts,  otherwise  than  by  discounting  bills 
of  exchange  on  sight,  or  by  paying  any  dividends  from  profits  until  the 
full  amount  of  its  total  reserves  has  been  restored.  The  superintendent 
of  banks  may  notify  any  bank  whose  total  reserves  shall  be  below  the 
amount  herein  required,  to  restore  such  total  reserves;  and,  if  it  shall  fail 
for  thirty  days  thereaiter  to  restore  such  total  reserves,  such  bank  shall 
be  deemed  insolvent  and  may  be  proceeded  against  under  the  provisions 
of  this  act;  provided,  that  all  deposits  of  money  herein  permitted  or  re- 
quired shall  comply  with  the  provisions  of  section  forty-three  of  this  act. 

The  term,  "reserves  on  hand,"  when  used  in  this  act,  means  the  reserves 
against  deposits  kept,  pursuant  to  the  provisions  of  this  act,  in  the  vault 
of  any  bank  or  in  any  safety  deposit  box  in  any  other  bank  in  this  state, 
said  box  to  be  under  the  exclusive  control  of  the  depositing  bank. 

The  term,  "reserves  on  deposit,"  when  used  in  this  act,  means  the 
reserves  against  deposits  maintained  by  any  bank  pursuant  to  this  act 
in  reserve  depositaries,  or  in  a  federal  reserve  bank  of  which  such  bank 
is  a  member,  and  not  in  excess  of  the  amount  authorized  by  this  act. 

The  term,  "total  reserves,"  when  used  in  this  act,  means  the  aggregate 
of  reserves  on  hand  and  reserves  on  deposit  maintained  ])ursuant  to  the 
provisions  of  this  act. 

The  term,  "reserve  depositary,"  when  used  in  this  act,  means  a  bank, 
trust  company  or  banking  corporation  designated  by  the  superintendent 
of  banks  on  the  nomination  of  the  depositing  bank  as  a  depositary  for 
reserves  on  deposit.  [Amendment  approved  May  17,  1917;  Stats.  1917, 
p.   604.] 

§  28.  Signs  must  show  kind  of  bank.  "Branch."  Every  bank  in  this 
state  must,  on  all  its  window  signs  and  in  advertising,  and  on  letter-heads 
and  other  stationery  on  which  its  business  is  transacted,  use  the  word 
"savings"  if  it  conducts  a  savings  business,  or  the  word  "trust"  if  it 
conducts  a  trust  business,  and  the  word  "commercial"  if  it  conducts  a 
commercial  business.  Every  bank,  which  maintains  a  branch  office,  must 
on   all   window   signs  and  in  advertising,  and   on  letter-heads  and  other 


Act297,  §31a  general  laws.  566 

stationery  on  which  the  business  of  said  branch  ofifice  is  transacted,  use 
in  letters  and  type,  equal  in  prominence  to  that  used  in  its  corporate 
name,  the  word  "branch"  and  the  name  of  the  place  where  its  principal 
business  is  located.  [Amendment  approved  May  17,  1917;  Stats.  1917, 
p.  606.] 

§  31a.  Consolidation  of  banks.  Eatification  by  stockholders.  Notice. 
Publication.  Articles  of  Incorporation  and  consolidation.  Certificate  of 
authorization.     Obligations  not  impaired.     Right  to  increase  stock.     Any 

bank  incoijiorated  under  the  laws  of  this  state  may  eousolidate  with  one 
or  more  banks  incorporated  under  the  laws  of  this  state,  its  capital  stock, 
properties,  trusts,  claims,  demands,  contracts,  agreements,  obligations, 
debts,  liabilities  and  assets  of  every  kind  and  description,  upon  such 
terms  and  in  such  manner  as  may  be  agreed  upon  by  their  respective 
boards  of  directors,  a  copy  of  which  agreement  must  be  filed  in  the 
office  of  tile  superintendent  of  banks;  provided,  that  such  agreement  shall 
be  subject  to  the  approval  of  the  superintendent  of  banks  and  shall  not 
be  valid  until  such  approval  be  obtained;  provided,  further,  that  no  such 
consolidation  shall  take  effect  until  such  agreement  shall  have  been 
ratified  and  confirmed  in  writing  by  the  stockholders  of  the  respective 
banks  holding  of  record  at  least  two-thirds  of  the  issued  capital  stock 
of  their  respective  banks,  or  such  agreement  may  be  submitted  to  the 
stockholders  of  each  of  such  corporations  at  a  meeting  thereof  to  be 
called  upon  notice  specifying  the  time,  place  and  object  thereof,  ad- 
dressed to  each  stockholder  at  his  last  known  postoftice  address  and 
deposited  in  the  postoffice,  postage  prepaid,  at  least  two  weeks  prior  to 
the  date  fixed  for  said  meeting,  and  published  for  at  least  two  succes- 
sive weeks,  prior  to  the  date  of  said  meeting,  in  a  newspaper  in  each  of 
the  counties  of  the  state  in  which  any  of  such  banks  shall  have  its 
principal  ])lace  of  business,  and  if  such  agreement  shall  be  approved  at 
each  of  such  meetings  of  the  respective  stockholders  separately  by  the 
vote  or  ballot  of  the  stockholders  owning  at  least  two-thirds  of  the  stock 
of  each  such  bank,  the  same  shall  be  the  agreement  of  such  banks.  In 
case  of  such  consolidation  "articles  of  incorporation  and  consolidation" 
must   be  prepared,   setting  forth: 

First — The  name  of  the  new  corporation; 

Second — The  purpose  for  which  it  is  formed; 

Tiiird — The  place   where  its  principal   business  is  to  be  transacted; 

Fourth — The  term  for  which  it  is  to  exist,  which  shall  not  exceed  fifty 
years; 

Fifth — The  iiuinbei'  of  its  directors  (which  sliall  not  bo  less  than  three) 
-.111(1  the  names  and  residences  of  the  persons  apiioiiited  tn  act  as  such 
until   their  successors  are  elected  and  qualilicil; 

Sixth — The  amount  of  its  cajiiial  slock  and  t  lie  iminbei-  of  sliares  into 
which  it  is  divided; 

Seventh — The  amount  of  stock  actually  subscribed,  and  by  wlnim; 

Eighth — The  names  of  the  constituent  corporations. 

Said  articles  of  inc()i'|iora1  inn  and  consuliiliit  ion  ninst  lie  signed  and 
connlcrsigncd  b\'  the  iiri'siiU'iit  and  secretary  (if  ^'■.^v\\  consf i1  ueiit  cor- 
|,(,r;itiiiii  ;iiiil  scnb'il  with  tlicir  c(ir|i(ira  I  c  scnls.  'j'lici'c  niusi  b(>  annexed 
tliiTctci    iIh'   a|i]ir<)\!il   of   the   supcri  ntcmlcnl    of   banks  and    inetuoranda  of 


567  BANKS  AND   BtVNKING.  Act  297,  §  ola 

the  ratifieatiuii  aiul  cciifiniiatioii  thereof  by  tlie  stockholders  of  each 
constituent  c'oi[ioration,  which  must  be  respectively  signed  and  acknowl- 
edged by  stockholders  representing  at  least  two-thirds  of  the  capital 
stock  of  their  respective  corporations.  When  completed  as  aforesaid 
said  articles  must  be  filed  in  the  office  of  the  county  clerk  of  the  county 
in  which  is  located  the  principal  place  of  business  of  the  new  corpora- 
tion, and  a  copy  of  the  articles  of  incorporation  and  consolidation  certi- 
fied by  such  county  clerk  must  be  filed  in  the  office  of  the  secretary  of 
state,  who  must  issue,  over  the  great  seaf  of  the  state,  a  certificate  that 
a  copy  of  the  articles  of  incorporation  and  consolidation  containing  the 
required  statement  of  facts  has  been  filed  in  his  office.  The  secretary 
of  state  must  file  in  his  office  a  duplicate  of  the  certificate  hereinbefore 
provided  for  and  copies  thereof,  duly  certified  by  the  secretary  of  state, 
shall  have  the  same  force  and  effect  in  evidence  as  the  original.  A  copy 
of  the  articles  of  incorporation  and  consolidation,  certified  by  said 
secretary  of  state,  must  be  filed  in  the  office  of  the  suijerintendent  of 
banks,  and  also  in  the  office  of  the  county  clerk  of  any  county  in  which 
were  filed  the  original  articles  of  incorporation  of  either  of  the  con- 
stituent corporations.  When  the  superintendent  of  banks  issues  the  cer- 
tificate of  authorization  provided  for  by  section  one  hundred  twenty-eight 
of  this  act  the  new  or  consolidated  corporation  shall  be  a  body  politic 
and  corporate  by  the  name  stated  in  the  certificate,  and  for  the  term 
of  fifty  years,  unless  it  is,  in  the  articles  of  incorporation  and  consolida- 
tion, otherwise  stated  and  thereupon  each  constituent  corporation  named 
in  the  articles  of  incorporation  and  consolidation  must  be  deemed  and 
held  to  have  become  extinct  in  all  courts  and  places,  and  said  new  cor- 
poration must  be  deemed  and  held  in  all  courts  and  places  to  have  suc- 
ceeded to  all  their  several  capital  stocks,  properties,  trusts,  claims, 
demands,  contracts,  agreements,  assets,  choses  and  rights  in  action  of 
every  kind  and  description,  both  at  law  and  in  equity,  and  to  be  en- 
titled to  possess,  enjoy,  and  enforce  the  same  and  every  thereof,  as  fully 
and  completely  as  either  and  every  of  its  constituents  might  have  done 
had  no  consolidation  taken  place.  Said  consolidated  or  new  corporation 
must  also,  in  all  courts  and  places,  be  deemed  and  held  to  have  become 
subrogated  to  its  several  constituents  and  each  thereof,  in  respect  to  all 
their  contracts  and  agreements  with  other  parties,  and  all  their  debts, 
obligations,  and  liabilities,  of  everj^  kind  and  nature,  to  any  persons, 
corporations,  or  bodies  politic,  whomsoever,  or  whatsoever,  and  said  new 
corporation  must  sue  and  be  sued  in  its  own  name  in  any  and  everj'  case 
in  wdiich  any  or  either  of  its  constituents  might  have  sued  or  might  have 
been  sued  at  law  or  in  equity  had  no  such  consolidation  been  made. 
Nothing  in  this  section  contained  shall  be  construed  to  impair  the  obliga- 
tion of  any  contract  to  whom  any  of  such  constituents  were  parties  at 
the  date  of  such  consolidation.  All  such  contracts  may  be  enforced  by 
action  or  suit,  as  the  case  may  be,  against  the  consolidated  corporation, 
and  satisfaction  obtained  out  of  the  property  which,  at  the  date  of  the 
consolidation,  belonged  to  the  constituent  which  was  a  party  to  the  con- 
tract in  action  or  suit,  as  well  as  out  of  any  other  i)roperty  belonging 
to  the  consolidated  corporation,  and  the  stockholders  of  each  constituent 
corporation  so  entering  into  such  agreement  shall  continue  subject  to  all 
the  liabilities,   claims   and   demands   existing  against   them   at    or  before 


Act  297,  §§  35-45  general  laws.  568 

such  consolidation  to  the  same  extent  as  if  the  same  hail  not  been  made. 
The  right  of  said  new  corporation  to  increase  or  decrease  its  capital 
stock,  to  change  the  number  of  its  directors,  to  amend  its  articles  of 
incorporation,  to  change  its  principal  place  of  business,  or  its  name,  or  to 
effect  any  other  organic  change  shall  be  governed  by  the  general  cor- 
poration laws  of  this  state  and  by  the  bank  act,  and  the  procedure  to 
effect  any  such  dhange  shall  be  that  defined  by  the  general  corporation 
laws  and  the  bank  act. 

The  superintendent  of  banks  shall  transmit  to  the  secretary  of  state 
a  duplicate  of  the  cCTtificate  of  authorization  hereinbefore  referred  to 
and  the  secretary  of  state  shall  file  the  same  in  his  office.  The  superin- 
tendent of  banks  shall  also  file  a  duplicate  of  such  certificate  in  his  own 
office.      [Amendment  approved  May  17,  1917;   Stats.  1917,  p.  606.] 

§  35.  Consent  to  purchase  certain  contracts.  No  bank  shall  purchase 
any  contract  arising  from  the  sale  of  real  estate  or  any  note  or  bond 
in  which  contract,  or  note,  or  bond  any  director,  officer,  employee,  or  con- 
trolling stockholder  of  such  bank  is  personally  or  financially  interested, 
directly  or  indirectly,  for  his  own  account,  for  himself,  or  as  the  partner 
or  agent  of  others,  without  the  previous  consent  in  writing  of  the  super- 
intendent of  banks.  [Amendment  approved  May  17,  1917;  Stats.  1917, 
p.   609.] 

§  41.  Consent  for  officer  to  purchase  assets  at  discount.  No  officer,  di- 
rector, agent,  or  other  employee  of  any  bank  shall  directly  or  indirectly, 
for  his  own  personal  benefit,  purchase,  or  be  interested  in  the  purchase 
of  any  of  such  bank's  obligations  or  assets  for  a  less  sum  than  shall  ap- 
[)ear  upon  the  face  of  any  such  obligations  or  assets  to  be  the  value 
thereof  except  with  the  previous  consent  of  all  the  directors  of  said  bank, 
such  consent  to  be  evidenced  by  a  resolution  adopted  by  said  directors. 
A  certified  «opy  of  said  resolution  shall  immediately  be  transmitted  to 
the  superintendent  of  banks.  Every  person  violating  any  provision  of 
this  section,  shall  for  each  offense  forfeit  to  the  people  of  the  state,  twice 
the  faK;-e  value  of  any  such  obligations  or  assets  so  purchased.  [Amend- 
ment approved  May  17,  1917;  Stats.  1917,  p.  609.] 

§43.  Deposit  of  funds  in  another  bank.  No  bank  shall  deposit  any  of 
its  funds  in  any  other  bank  unless  such  otiier  Ijank  has  been  nominated 
as  a  depositary  for  its  funds  by  the  vote  of  a  majority  of  the  directors, 
or  trustees  of  the  bank  making  the  deposit,  and  such  other  bank  has 
been  designated  by  the  superintendent  of  banks  as  such  depositary.  The 
superintendent  of  banks  may  in  his  discretion  revoke  such  a  designation. 
[Amendment  ajjproved  May   17,    1917;   Stats.   1917,  p.  609.  | 

§  4.'3.  Interest  unpaid,  hitfrcst  unpaid,  aUhoiigh  due  or  accrued,  on 
debts  owing  to  any  bank,  ^iiiill  not  be  inrhidi'd  in  calculation  of  its 
profits  j)revious  to  a  dividend;  nor  shall  any  bank,  except  with  the  pre- 
vious written  consent  nf  the  su|irrintcndcnt  of  banks,  enter  or  at  any 
time  carry  on  its  Imtiks  ;iny  of  its  assets  at  a  valuation  exceeding  its 
actual  cost  to  such  bunk.  1  Amendnient  ;ippro\cd  May  17,  1017;  Stats. 
1917,  p.  009.] 


569  BANKS  AND   BANKING.  Act  297,  §  54 

§  54.  Real  estate  to  be  sold  within  five  years.  Appraisal  of  value. 
Notice  of  sale.  Minimum  price.  Fees.  Costs.  All  real  estate  pur- 
chased by  any  baiik  at  sales  under  pledges,  mortgages  or  deeds  of  trust 
for  its  benefit  for  money  loaned  and  such  as  may  be  conveyed  to  it  by 
borrowers  in  satisfaction  and  discharge  of  loans  made  thereon  and  all 
other  real  estate  owned  or  held  by  it,  which  is  not  necessary  for  carrying 
on  its  business,  must  be  sold  or  exchanged  for  other  real  estate  by  such 
bank  wuthin  five  years  after  title  thereto  shall  have  vested  in  it  by  pur- 
chase or  otherwise;  provitied,  however,  that  no  exchange  of  such  real 
estate  for  other  real  estate  shall  be  made  unless  and  until  written  con- 
sent thereto  shall  first  be  given  by  the  superintendent  of  banks;  and 
provided,  further,  that  any  real  estate  so  taken  in  exchange  may  be  held 
for  such  period  of  time  as  the  superintendent  of  banks  may  fix  but  not  to 
exceed  five  years.  Parcels  of  such  real  estate  not  sold  or  exchanged 
within  said  time  may  be  purchased  by  any  person  wanting  the  same  upon 
the  conditions  and  proceedings  following:  The  intending  purchaser  may 
file  a  petition  in  the  superior  court  in  and  for  the  county  wherein  said 
real  estate  or  any  portion  thereof  is  situated;  upon  the  filing  of  such 
petition  a  citation  shall  be  issued  out  of  said  court  directed  to  the  bank 
owning  such  real  estate  recjuiring  such  bank  to  show  cause  on  a  day  cer- 
tain which  shall  be  not  earlier  than  ten  days  after  the  service  of  such 
citation,  why  commissioners  should  not  be  appointed  by  said  court  for 
the  purpose  of  ap]iraising  the  value  of  the  real  estate  described  in  the 
petition  and  of  selling  the  same  at  public  auction  under  the  provisions 
of  this  section.  If  there  shall  be  any  liens  or  encumbrances  of  record 
against  such  real  estate  the  person  or  persons  holding  such  liens  or  en- 
cumbrances shall  likewise  be  cited  and  the  court  shall  in  its  final  decree 
distribute  the  proceeds  of  such  sale,  if  a  sale  thereof  shall  be  made, 
according  to  the  equities  of  the  parties.  If  it  shall  appear  at  the  hearing 
of  such  petition  that  the  real  estate  therein  sought  to  be  purchased  is 
held  by  such  bank  in  violation  of  the  provisions  of  this  section  or  of  the 
constitution  of  this  state,  the  court  shall  appoint  three  commissioners  to 
appraise  the  value  thereof  and  sell  the  same  at  public  auction  at  the 
county  seat  of  the  county  wherein  said  real  estate  or  any  part  thereof  is 
located.  Notice  of  which  said  sale  shall  be  given  to  the  bank  owning 
said  real  estate  and  to  any  other  persons  interested  therein  as  shown  by 
the  records  of  such  county  at  least  ten  days  before  the  date  of  suchi 
sale  and  shall  be  published  once  a  week  for  three  successive  weeks  in 
some  newspaper  published  in  the  county  where  such  real  estate  or  any 
part  thereof  may  be  located,  or  if  no  newspaper  shall  be  published  in 
such  county  then  in  a  newspaper  published  in  some  neighboring  county. 
Such  notice  shall  state  the  time  and  place  of  such  sale  and  shall  describe 
the  real  estate  to  be  sold  with  common  certainty  and  state  the  value 
thereof  as  fixed  by  the  appraisement  of  such  commissioners  and  state  that 
no  bid  less  than  such  appraised  value  will  be  received  therefor.  No  sale 
shall  be  made  for  an  amount  less  than  the  appraised  value  of  such  real 
estate  fixed  by  said  commissioners,  and  in  the  event  that  no  bid  is  re- 
ceived at  such  sale  at  least  equal  to  said  appraised  value  of  said  real  estate 
no  intending  purchaser  can  institute  the  proceedings  provided  for  in  this 
section  within  one  year  thereafter.  In  ease  of  any  sale  made  under  the 
provisions   of  this  section   and   of  the  refusal  of  any  bank   owning  such 


Act    297,  §  61        -  GENERAL    LAWS.  570 

real  estate  or  of  an}'  lienholder  or  eneumbraneer  to  execute  the  eonvey- 
auces  or  releases  necessary  or  proper  to  vest  the  title  of  such  bank,  lien- 
holder  or  encumbrancer  in  the  purchaser  thereof  the  court  shall  have 
power  in  such  proceedings  to  direct  said  commissioner  to  execute  such 
deeds,  conveyances  or  releases  upon  the  payment  to  them  of  the  purchase 
price  therefor.  The  fees  of  such  commissioners  and  cost  of  sale  shall  be 
fixed  by  the  court,  upon  making  such  appointment,  but  the  entire  expense 
tliereof  shall  not  exceed  one  hundred  dollars.  The  cost  of  any  such  pro- 
ceedings shall  be  borne  by  the  intending  jiurchaser  if  no  sale  shall  be 
made,  but  if  a  sale  shall  be  made  the  cost  of  such  proceedings  shall  be 
borne  by  the  purchaser  of  the  property  and  the  person  who  filed  the  peti- 
tion and  advanced  the  costs  of  such  proceedings  shall  be  reimbursed  in 
case  he  shall  not  become  such  purchaser.  All  sales  hereunder  shall  be 
returned  to  the  court  having  jurisdiction  of  the  matter  in  the  same  man- 
ner as  in  the  case  of  sales,  by  commissioners,  of  real  estate  on  fore- 
closure of  mortgages.  Nothing  in  this  section  contained  shall  be  deemed 
to  affect  the  power  of  the  superintendent  of  banks  to  require  the  writing 
down  of  the  value  of  real  estate  held  by  any  bank,  at  any  time,  when 
such  writing  down  shall  be  proper.  [Amendment  approved  May  17, 
1917;  Stats.  1917,  p.  622.] 

§61.  Purchase  of  real  or  personal  property  by  savings  banks.  Any 
.savings  bank  may  purchase,  hold  and  convey  real  or  personal  propert}'  as 
follows: 

1.  Bank  premises,  etc.  The  lot  and  building  in  which  the  business  of 
the  bank  is  carried  on;  furniture  and  fixtures,  vaults  and  safe  deposit 
vaults  and  boxes  necessary  or  proper  to  carry  on  its  banking  business; 
such  lot  and  building,  furniture  and  fixtures,  vaults  and  safe  deposit 
vaults  and  boxes  shall  not,  in  the  aggregate,  be  carried  on  the  books  of 
such  bank  a»  an  asset  to  an  amount  exceeding  its  paid-up  capital  and 
surplus;  and  hereafter,  the  authority  of  a  two-thirds  vote  of  all  the  direc- 
tors shall  be  necessary  to  authorize  the  purchase  of  such  lot  and  building, 
or  the  construction  of  such  building. 

2.  Mortgaged  property.  Such  as  may  have  been  mortgaged,  pledged  or 
conveyed  to  it  in  trust  for  its  benefit  in  good  faith,  for  money  loaned  in 
pursuance   of   the   regular  business  of  the   corporation. 

:'..  Property  purchased  at  foreclosure  sales.  Limitations  on  purchase 
of  personal  property.  Purchase  of  bonds.  Sudi  as  may  have  been  pur- 
chased at  any  sales  untlvv  jilcdgc,  mortgage  or  deed  of  trust  made  for  its 
benefit  for  money  so  loaiuMl  ami  siuh  as  may  be  conveyed  to  it  by  bor- 
rowers in  satisfaction  and  disciiarge  of  loans  made  thereon. 

No  savings  bank  shall  purchase,  own,  or  sell  personal  property,  except 
such  as  may  be  requisite  for  its  immediate  accommodation  for  the  con- 
venient transaction  of  its  ])usiness,  notes  or  bonds  secured  by  trust  deeds 
or  mortgages  on  real  estalc  hoiuls,  sciiiiities  or  evidences  of  indebted- 
ness, public  or  ))rivate,  gold  m-  .sil\<'r  liiillimi  and  United  States  mint 
cortificateH  of -ascertained  value,  and  cvidciHes  of  debt  issued  by  the 
United  States.  No  savings  hank  shall  imicliase,  own,  hold  or  convey 
bonds,  securities  or  evidences  of   indebtedness,   \n\\>\\f   or  private,  except 

;iu     f■fdl'lW^<: 


571  BANKS  AND  BANKING.  Act  297,  §  (il 

(:i)  United  States  bonds.  Bonds  or  iuteiest-boaiiiig  iiotes  or  obliga- 
tions of  the  United  States,  or  those  for  whieli  the  faith  and  credit  of  the 
United  States  are  picdgeil  for  the  payment  of  principal  and  interest,  or 
those  issued  under  authority  of  the  United  States; 

(b)  State  of  California  bonds.  Bonds  of  this  state,  or  those  for  which 
the  faith  and  credit  of  the  state  of  California  are  pledged  for  the  pay- 
ment of  principal  and  interest,  or  those  of  any  county,  city  and  county, 
city  or  school  district  of  this  state; 

(c)  State  bonds.  Bonds  of  any  state  in  the  United  States  that  has 
not,  within  five  years  previous  to  making  such  investment  by  such  bank, 
defaulted  in  the  payment  of  any  part  of  either  principal  or  interest,  or 
those  of  any  county,  city  and  county,  city  or  town,  in  any  state  of  the 
United  States  other  than  the  state  of  California,  issued  under  authority  of 
any  law  of  such  state,  which  county,  city  and  county,  city  or  town,  had, 
as  shown  by  the  federal  or  state  census  next  preceding  such  investment, 
a  population  of  more  than  twenty  thousand  inhabitants;  provided,  how- 
ever, that  the  "entire  bonded  indebtedness  of  such  county,  city  and 
county,  city  or  town,  including  such  issue  of  bonds  does  not  exceed  fif- 
teen per  centum  of  the  value  of  the  taxable  property  therein  as  shown 
by  its  last  equalized  assessment-roll;  and  provided,  further,  that  such 
county,  city  and  county,  city  or  town,' or  the  state  in  which  it  is  located 
has  not  defaulted  in  payment  of  either  principal  or  interest  due  upon 
any  legally  authorized  bond  issue  within  five  years  next  preceding  such 
investment; 

(d)  District  bonds.  Bonds  of  any  district  organized  under  the  laws 
of  the  state  of  California  which  are  required  to  be  and  are  investigated 
and  approved  by  a  commission  now  or  hereafter  authorized  by  a  law  of 
this  state  to  conduct  such  investigation  and  give  such  approval  and  by 
authority  of  which  approval  said  bonds  are  declared  to  be  legal  invest- 
ments for  savings  banks; 

(e)  District  bonds.  Bonds  of  mutual  water  company.  Bonds  of  any 
district  organized  under  the  laws  of  the  state  of  California  not  other- 
wise provided  for  in  this  section;  or  those  of  any  mutual  water  company 
organized  under  the  laws  of  this  state  and  operating  wholly  within  this 
state;  provided,  that  all  bonds  specified  in  this  paragraph  shall  first  be 
certified  by  the  superintendent  of  banks  after  an  investigation  in  manner 
and  form  as  is  provided  for  by  section  sixty-one  «  of  this  act;  and  pro- 
vided, further,  that  no  bonds  of  any  mutual  water  company  shall  be  certi- 
fied by  the  superintendent  of  banks  unless  the  company  issuing  said 
bonds  shall  have  been  in  continuous  operation  for  a  period  of  five  years 
next  preceding  the  application  for  said  certificate  and  shall  have  served 
not  less  than  seventy-five  per  centum  of  the  lands  entitled  to  service  by 
said  mutual  water  company  for  a  period  of  not  less  than  three  years  next 
preceding  the  application  for  said  certificate; 

(f)  Bonds  of  railroad  corporation.,  (1)  Bonds  of  any  railroad  corpo- 
ration incor])orated  under  the  laws  of  the  state  of  California  and  operat- 
ing exclusively  therein;  provided,  said  corporation  has  had  net  eaj-nings 
for  the  period  herein  fixed  amounting  to  at  least  one  and  one-fourth 
times  the  interest  on  all  its  outstanding  mortgage  indebtedness;  or 


Act   297,  §  61  GENER.U.   LAWS.  572 

(2)  Bonds  of  railroad  corporations.  Bonds  of  any  railroad  corporation 
incorporated  under  the  laws  of  any  state  in  the  United  States,  operating 
at  least  five  hundred  miles  of  standard  gauge  track  exclusive  of  sidings; 
provided,  said  corporation  has  had  net  earnings  for  the  period  herein  fixed 
amounting  to  at  least  one  and  one-half  times  the  interest  on  all  its  out- 
standing mortgage  indebte-luess;   or 

(3)  Bonds  of  railroad  corporations.  Security.  First  mortgage.  Re- 
funding mortgage.  Trust  deed  on  operative  property.  Bonds  of  any 
railroad  corporation,  the  payment  of  which  has  been  guaranteed,  both  as 
to  principal  and  interest,  by  a  railroad  corporation  meeting  the  require- 
ments of  either  subdivision  (1)  or  (2)  of  paragraph  (f )  of  this  section;  pro- 
vided, that  such  guaranteeing  corporation  has  had  for  the  period  herein 
fixed  net  earnings  amounting  to  at  least  one  and  one-half  times  the  in- 
terest on  all  its  outstanding  mortgage  indebtedness  and,  in  addition 
thereto,  sufficient,  taken  with  the  earnings  of  all  corporations  whose 
bonds  it  has  guaranteed,  to  qualify  as  investments  for  savings  banks,  as 
in  this  section  i^rovided,  all  such  guaranteed  bonds;  provided,  that  the 
excess  of  income  of  any  corporation  w^iose  bonds  have  been  so  guaranteed, 
over  the  amount  required  by  this  section  for  which  corporation,  shall  not 
apply  to  or  be  included  in  determining  the  income  so  required. 

In  determining  the  income  of  any  corporation  specified  in  paragraph 
(f)  of  subdivision  (3)  of  this  section,  there  shall  be  included  the  income 
of  any  corporation  or  corporations  out  of  which  it  shall  have  been  formed 
through  consolidation  or  merger,  and  of  any  corporation  or  corporations, 
the  entire  business  and  income  producing  property  of  which  the  corpo- 
ration issuing  such  bonds  has  wholly  acquired. 

All  bonds  authorized  for  investment  by  paragraph  (f)  of  subdivision 
(3)  of  this  section  must  be  secured  by  a  mortgage  or  deed  of  trust  which 
is,  at  the  time  of  making  such  investment,  either 

T.     A  closed  first  mortgage  or  deed  of  trust;  or 

II.  A  first  mortgage  or  deed  of  trust  containing  provisions  restricting 
the  issuance  of  further  bonds  until  such  time  as  the  income  of  said  cor- 
poration shall  have  been  at  least  sufficient,  during  the  twelve  months  next 
preceding  the  issuance  of  any  additional  bonds,  to  meet  the  earning  re- 
quirements siiecified  in  the  respective  subdivisions  of  this  paragraph 
applicable  to  such  corporation  after  including  the  additional  bonds  then 
proposed  to  be  issued;  or 

III.  A  refunding  mortgage  or  deed  of  trust  providing  for  the  retire- 
ment of  all  prior  lien  mortgage  debts  of  said  corporation,  and  restrict- 
ing the  issuance  of  further  bonds  until  such  time  as  the  income  of  said 
corporation  shall  have  been  at  least  sufficient,  during  the  twelve  months 
next  preceding  the  issuance  of  any  additional  bonds,  to  meet  the  earning 
requirements  specified  in  the  respective  subdivisions  of  this  paragraph 
apr^licable  to  such  corporation  after  including  the  additional  bonds  then 
proposed  to  be  issued;  or 

IV.  An  underlying  or  divisionaf  closed  mortgage  or  deed  of  trust  of 
property  which  forms  ;i  pMit  ol  tlic  operating  system  of  the  corporation 
then  owning  said  properly.  In  tlu'  i-ase  of  IjoikIs  secured  by  an  under- 
lying or  divisional  clos<'d  iiinrtyMnc  or  deed  (if  trust,  the  net  income  re- 
quirofl  by  tlii«  yc'tifui  sliall  be  based  exclusively  upon  the  income,  main- 


573  BANKS  AND  BANKING.  Act  297,  §  61 

tenanee  charges,  operating  expenses,  taxes,  and  mortgage  indebtedness  of 
or  against  the  property  covfered  by  such  underlying  or  divisional  closed 
mortgage  or  deed  of  trust,  or,  if  such  income,  maintenance  charges  or 
operating  expenses  cannot  be  definitely  ascertained,  on  the  proper  propor- 
tionate share  of  sueii  property  in  the  general  income,  maintenance 
charges,  operating  expenses,  and  taxes  of  the  corporation  then  owning 
such  projjerty  and  on  the  mortgage  indebtedness  of  or  against  the  prop- 
erty covered  by  such  underlying  or  divisional  closed  mortgage  or  deed 
of  trust;  provided,  however,  that  if  the  payment  of  the  bonds  secured  by 
such  underlying  or  divisional  closed  mortgage  or  deed  of  trust  shall  be 
guaranteed  or  assumed  by  the  corporation  then  owning  the  property  se- 
curing the  same,  such  bonds  shall  be  legal  investments  for  savings  banks, 
if  the  net  income  of  such  corporation  from  all  sources  shall  equal  the 
amount  herein  required,  notwithstanding  any  insufficiency  of  the  income 
derived  from  the  property  covered  by  such  underljdng  or  divisional 
closed  mortgage  or  deed  of  trust  to  meet  the  requirements  of  this  section. 

No  savings  bank  shall  purchase  the  bonds  of  any  railroad  corporation 
deriving  less  than  twenty  per  centum  of  its  gross  receipts  from  passenger 
revenues. 

The  term  "railroad  corporation"  when  used  in  paragraph  (f)  of  sub- 
division (3)  of  this  section  shall  have  the  meaning  defined  in  the  "public 
utilities  act." 

(g)  Public  utility  bonds.  Security.  First  mortgage.  Refunding  mort- 
gage. Trust  deed  on  operative  property.  Definitions.  Bonds  of  any 
street  railroad  corporation;  or  of  any  gas;  water;  pipe-line;  light;  power; 
light  and  power;  gas,  light  and  power;  electrical;  telephone;  telegraph; 
or  telephone  and  telegraph  corporation  or  of  any  other  "public  utility" 
incorporated  under  the  laws  of  the  state  of  California;  and 

(1)  Operating  exclusively  in  the  state  of  California,  provided  said  cor- 
poration has  had,  for  the  period  herein  fixed,  net  earnings  amounting  to 
one  and  one-half  times  the  interest  on  all  its  outstanding  mortgage  in- 
debtedness;  or 

(2)  Operating  its  property  in  part  within  the  state  of  California,  pro- 
vided said  corporation  has  had,  for  each  of  its  two  fiscal  years  next  pre- 
ceding such  investment,  net  earnings  amounting  to  one  and  one-half 
times  the  interest  on  all  its  outstanding  mortgage  indebtedness;  or 

(3)  The  payment  of  which  is  guaranteed,  both  as  to  principal  and  in- 
terest, by  a  public  utility  corporation  meeting  the  requirements  of  either 
subdivision  (1)  or  (2)  of  paragraph  (g)  of  this  section,  provided  that 
such  guaranteeing,  corporation  has  had  for  the  period  required  in  the 
respective  subdivisions  of  this  paragraph  relating  thereto,  net  earnings 
amounting  to  at  least  one  and  one-half  times  the  interest  on  all  of  said 
guaranteeing  corporation's  outstanding  mortgage  indebtedness,  and,  in 
addition  thereto,  sufficient,  taken  with  the  earnings  of  all  corporations 
whose  bonds  it  has  guaranteed,  to  qualify  as  investments  for  savings 
banks,  as  in  this  section  provided,  all  such  guaranteed  bonds;  provided, 
that  the  excess  of  income  of  any  corporation  whose  bonds  have  been  so 
guaranteed,  over  the  amount  required  by  this  section  for  such  corpora- 
tion, shall  not  apply  to  or  be  included  in  determining  the  income  so  re- 
quired. 


Act   297,  §  61  GENERAL   LAWS.  574 

In  determining  tlie  income  of  any  corporation  specified  in  paragraph 
(g)  of  subdivision  (o)  of  this  section,  there  shall  be  included  the  income 
of  any  corporation  or  corporations  out  of  which  it  shall  have  been 
formed  through  consolidation  or  merger,  and  of  any  corporation  the 
entire  business  and  income  producing  property  of  which  the  corporation 
issuing  such  bonds  has  wholly  acquired. 

All  bonds  authorized  for  investment  by  paragraph  (g)  of  subdivision 
(3)  of  this  section  must  be  secured  by  a  mortgage  or  deed  of  trust  which 
is  at  the  time  of  making  such  investment;  either 

I.  A  closed  first  mortgage  or  deed  of  trust;  or 

II.  A  first  mortgage  or  deed  of  trust  containing  provisions  restricting 
the  issuance  of  further  bonds  until  such  time  as  the  income  of  said  cor- 
poration shall  have  been  at  least  sufficient,  during  the  twelve  months 
next  preceding  the  issuance  of  any  additional  bonds,  to  meet  the  earn- 
ing requirements  specified  in  the  respective  subdivisions  of  this  para- 
graph applicable  to  such  corporation  after  including  the  additional  bonds 
then  proposed  to  be  issued;  or 

III.  A  refunding  mortgage  or  deed  of  trust  providing  for  the  retire- 
ment of  all  prior  lien  mortgage  debts  of  said  corporation  and  restrict- 
ing the  issuance  of  further  bonds  until  such  time  as  the  income  of  said 
corporation  shall  have  been  at  least  sufficient,  during  the  twelve  months 
next  preceding  the  issuance  of  any  additional  bonds,  to  meet  the  earning 
requirements  of  such  corporation  after  including  the  additional  bonds 
then  proposed  to  be  issued;  or 

IV.  An  underlying  or  divisional  closed  mortgage  or  deed  of  trust  of 
proj)erty  which  forms  a  part  of  the  operating  system  of  the  corporation 
then  owning  said  property.  In  the  case  of  bonds  secured  by  an  underly- 
ing or  divisional  closed  mortgage  or  deed  of  trust,  the  net  income  re- 
quired by  this  section  shall  be  based  exclusively  upon  the  income,  mainte- 
nance charges,  operating  expenses,  taxes  and  mortgage  indebtedness  of  or 
against  the  property  covered  by  such  underlying  or  divisional  closed 
mortgage  or  deed  of  trust  or,  if  such  income,  maintenance  charges  or 
operating  expenses  cannot  be  definitely  ascertained,  on  the  proper  pro- 
portionate share  of  such  property  in  the  general  income,  maintenance 
charges,  operating  expenses  and  taxes  of  the  corporation  then  owning 
such  jjroperty  and  on  the  mortgage  indebtedness  of  or  against  the  prop- 
erty covered  by  such  underlying  or  divisional  closed  mortgage  or  deed 
of  tru.st;  provided,  however,  that  if  the  payment  of  the  bonds  secured 
by  such  underlying  or  divisional  closed  mortgage  or  deed  of  trust  shall 
be  guara-nteed  or  assumed  by  the  corporation  then  owning  the  property 
securing  the  same,  such  bonds  shall  be  legal  investfnents  for  savings 
banks,  if  the  net  income  of  such  corporation  from  all  sources  shall  equal 
the  amount  herein  required,  notwithstanding  any  insufficiency  of  the 
income  derived  from  the  property  covered  by  such  underlying  or  divi- 
sion;! I  closed  mortgage  or  deed  of  trust  to  ni('(>t  tlio  r('(|uirenionts  of  tliis 
fcci'tioii. 

'I'lie  terms,  "street  railroad  corporation,"  "jiipe-linc  coriioration,""  "gas 
corporation,"  "electric  corporation,"  "telephone  corporation,"  "telegraph 
corporation,"  "water  corporation,"  and  "public  utility,"  when  used  in 
l),'iragraiih  (g)  of  subdivision  (.3)  of  this  section,  shall  eacli  have  the 
iricMiiiiig  <l<'(iiicd    ill    till-  "jiulilic    utilities   act." 


575  ■  BANKS  AND  BANKING.  Act  297,  ^^  HI 

(li)  Notes  secured  by  first  mortgage.  Market  value  of  oil  and  timber 
land.  Notes  or  bonds  secured  by  first  mortgage  or  deed  of  trust  or  other 
first  lien  upon  real  estate,  improved  or  unimproved;  provided,  that  the 
entire  note  or  bond  issue  shall  not  exceed  sixty  per  centum  of  the  market 
value  of  such  real  estate,  or  such  real  estate  with  improvements,  taken 
as  security;  and  provided,  further,  in  ease  the  said  note  or  bond  issue  is 
created  for  a  building  loan  on  real  estate,  that  at  no  time  shall  the  en- 
tire outstanding  note  or  bond  issue  exceed  sixty  per  centum  of  the  mar- 
ket value  of  the  real  estate  and  the  actual  cost  of  the  improvements 
thereon  taken  as  security. 

In  determining  the  market  value  of  any  real  estate  uniler  the  pro- 
visions of  paragraph  (h)  subdivision  (3)  of  this  section  where  such  real 
estate,  improved  or  unimproved,  consists  of  oil  or  other  mineral  or  tim- 
ber land,  the  value  represented  by  such  oil  or  other  mineral  or  timber 
shall  not  be  included  in  fixing  such  market  value.  Nothing  herein  con- 
tained shall  prevent  savings  banks  from  making  loans  secured  by  mort- 
gage or  deed  of  trust  upon  lands  wherein  redwood  timber  is  included  in 
fixing  the   market   value   thereof. 

(i)  Collateral  trust  bonds.  Collateial  trust  bonds  or  notes  when 
secured  hy  either: 

(1)  Deposit  of  bonds  authorized  for  investment  by  this  section  of  a 
market  value  at  least  fifteen  per  centum  in  excess  of  the  par  value  of 
the  collateral  trust  bonds  or  notes  issued;  or 

(2)  Deposit  of  bonds  authorized  for  investment  by  this  section  and 
other  securities  of  a  combined  market  value  at  least  twenty  per  centum 
in  excess  of  the  par  value  of  the  collateral  trust  bonds  or  notes  issued; 
provided,  that  the  par  value  of  said  collateral  trust  bonds  or  notes  shall 
in  no  case  exceed  the  market  value  of  that  portion  of  the  security  repre- 
sented by  bonds  authorized  for  investment  by  this  section. 

(3)  Deposit  of  any  notes  or  bonds  authorized  for  investment  by  this 
section  and  other  securities  of  a  combined  market  value  of  at  least  thirty 
per  centum  in  excess  of  the  par  value  of  the  collateral  trust  bonds  or 
notes  issued;  provided,  that  the  par  value  of  such  collateral  trust  bondsf 
or  notes  issued  shall  in  no  case  exceed  the  market  value  of  that  portion 
of  the  security  represented  by  notes  or  bonds  authorized  for  investment 
by  this  section;  provided,  further,  that  the  collateral  pledged  consist  of 
bonds  authorized  for  investment  by  this  section  of  the  market  value  of 
at  least  seventy-five  per  centum  of  the  par  value  of  such  collateral  trust 
l)on(ls  or  notes  issued. 

(j)  Legal  investment  in  New  York  and  Massachusetts.  Bonds  legal 
for  investment  by  savings  banks  in  the  states  of  New  York  or  Massa- 
chusetts; provided,  however,  that  as  to  bonds  of  the  character  specified 
in  paragraph  (c)  of  subdivision  (3)  of  this  section,  such  bonds  shall 
also  conform  to  the  requirements  of  such  paragraph. 

(k)  Guaranteed  payment.  "Net  earnings."  Bonds,  etc.,  certified  by 
superintendent  of  banks.  Legality  of  previous  investments  not  affected. 
Investment  value  of  bonds.  Bonds  of  public  utilities.  State  does  not 
guarantee  validity  of  bonds.  Advertisement  of  bonds  as  legal  invest- 
ments. Notes  or  lionds  secured  ]:)y  mortgage  or  deed  of  trust,  payment 
of  which  is  guaranteed  by  a  policy  of  mortgage  insurance,  and   mortgage 


Act    297,  §  61  GENERAL   LAWS.  576 

participation  certificates,  issued  by  a  mortgage  insurance  company  in 
accordance  with  the  provisions  of  chapter  VIII  of  title  II  of  part  IV  of 
di\^sion  first  of  the  Civil  Code. 

"Net  earnings"  as  used  in  this  section  shall  be  deemed  to  mean  the 
amount  remaining  affer  deducting  from  the  gross  earnings  all  taxes, 
maintenance  charges  and  operating  exjjenses  except  depreciation  charges, 
sinking  fund  charges  and  interest  on  indebtedness. 

Unless  herein  otherwise  expressly  provided  the  period  for  which  any 
corporation  must  have  "net  earnings"  sufficient  to  qualify  its  bonds  as  an 
investment  for  savings  banks  under  this  section  shall  be  either  the  fiscal 
year  of  such  corporation  next  preceding  the  investment  therein  by  any 
savings  bank  or  twelve  consecutive  months  in  the  fourteen  months  next 
preceding  such  investment. 

No  notes,  bonds,  or  other  securities  shall  be  deemed  to  come  within  or 
conform  to  the  requirements  of  either  of  paragraphs  (f),  (g),  (h),  or 
(i)  of  subdivision  (3)  of  this  section,  unless  such  notes,  bonds  or  other 
securities  shall,  in  the  manner  jjrovided  in  this  act,  have  been  certified 
by  the  superintendent  of  banks  to  come  within  and  fully  conform  to  the 
requirements  of  one  or  the  other  of  said  paragrajjhs;  provided,  however, 
that  any  bank  may,  without  such  certification  by  the  superintendent  of 
banks,  purchase  any  note  or  bond  or  issiie  of  notes  or  bonds  provided 
for  in  said  paragraph  (h),  whenever  such  purchase  constitutes  the  entire 
amount  of  notes  or  bonds  executed  by  the  makers  thereof  and  secured 
by  the  same  real  estate;  and  provided,  further,  that  notes,  bonds  or 
other  securities,  the  payment  of  which  is  secured  by  any  mortgage  or 
deed  of  trust  executed  on  or  before  September  1,  1913,  and  now  owned 
by  any  savings  bank  in  this  state,  if  otherwise  in  full  conformity  wit-h 
the  requirements  of  this  section,  need  not  be  so  certified  by  the  superin- 
tendent of  banks,  in  order  to  be  legal  as  investments  for  savings  banks. 

The  legality  of  investments  heretofore  lawfully  made  pursuant  to  the 
provisions  of  this  section,  or  of  any  law  of  this  state  as  it  existed  on  and 
subsequent  to  July  1,  1909,  shall  not  be  aifected  by  any  amendments  to 
Jhis  section  or  this  act;  nor  shall  any  such  amendments  require  the 
clianging  of  investments  onct^  lawfully  made  under  this  act. 

Any  bonds  authorized  by  this  section  as  a  legal  investment  for  savings 
banks  may  be  carried  on  the  books  of  said  bank  at  their  investment 
value,  based  on  their  market  value  at  the  time  they  were  originally 
bought,  unless  the  superintendent  of  banks  shall  require  any  or  all  of 
the  bonds  which  may  thereafter  have  a  market  value  less  than  the 
original  investment  value  to  be  written  down  to  such  new  market  value 
wliich  shall  be  done  gradually  if  practicable  and  in  such  manner  as  he 
may  determine;  or  he  may,  by  a  plan  of  amortization  to  be  determined 
by  him,  require  sucli  gradual  extinction  of  premium  as  will  bring  such 
bonds  to  par  at  maturity. 

No  savings  V)ank  sliall  licroafter  purchase  or  loan  money  upon  any 
bond,  note  or  (jIIut  I'vidence  of  ind(!btedness,  issued  by  any  "public 
utility,"  subjcit  to  liie  jurisdiction,  regulation  or  control  of  the  railroad 
commission  of  this  state  iiinlcr  the  juovisions  of  the  "public  utilities 
act,"  approved  December  2.'!,  l'.»ll,  and  acts  amendatory  thereof  or  sup- 
plemental tliereto,  unless  each  such  ImumI,  iioIc  or  ofiu'r  evidence  of 
indebtedness  was  cither: 


577  BANKS  AND  BANKING.  Act  297,  §  61a 

(a)  Issued  prior  to  the  taking  effect   of  the  "public  utilities  act";   or 

(b)  Issued  under  authority  of  the  railroad  coinuiissioii,  in  accordance 
with  the  provisions  of  said  act;  or 

(e)  A  note  issued  for  a  period  not  exceeding  twelve  months,  in  ac- 
cordance with  the  provisions  of  subdivision  (b)  of  section  fifty-two  of 
said  act. 

No  provision  of  this  act,  and  no  act  or  deed,  done  or  performed  under 
or  in  connection  therewith,  and  no  finding  made  or  certificate  issued 
under  any  provision  thereof,  shall  be  held  or  construed  to  obligate  the 
state  of  California  to  pay,  or  be  liable  for  the  payment  of,  or  to  guar- 
antee in  any  manner  whatsoever,  the  regularity  or  the  validity  of  the 
issuance  of  any  stock  or  bond  certificate,  or  bond,  note,  or  other  evidence 
of  indebtedness  certified  under  any  provision  of  this  act,  by  the  super- 
intendent of  banks. 

It  shall  not  be  lawful  for  any  individual,  firm,  association,  bank,  trust 
company,  stock  company,  copartnership  or  corporation  to  advertise  by 
newspaper  or  circular  or  in  any  other  manner  that  any  securities  are 
legal  investments  for  savings  banks  in  this  state  or  to  use  any  adver- 
tisement which  might  lead  the  public  to  believe  that  any  securities  con- 
form to  the  requirements  of  law  relating  to  investments  by  savings 
banks  unless  such  securities  are  such  as  are  specified  in  paragraphs  (a), 
(^),  (c),  (d),  (e),  (j),  or  (k)  of  subdivision  (3)  of  this  section  or  shall, 
in  the  manner  provided  in  this  act,  have  been  certified  by  the  superin- 
tendent of  banks  to  come  within  and  fully  conform  to  the  requirements 
of  one  or  the  other  of  paragraphs  (f),  (g),  (h),  or  (i)  of  subdivision 
(3)  of  this  section  or  unless  such  advertisement  shall  have  been  ap- 
proved in  writing  by  the  superintendent  of  banks  prior  to  publishing, 
circulating  or  otherwise  issuing  the  same.  Any  individual,  firm,  asso- 
ciation, bank,  trust  company,  stock  company,  copartnership  or  corpora- 
tion who  shall  advertise  any  securities  in  violation  of  the  provisions  of 
this  paragraph  shall  be  guilty  of  a  misdemeanor  and  shall  be  punishable 
by  a  fine  not  exceeding  one  thousand  dollars  or  by  imprisonment  in  a 
county  jail  not  exceeding  one  year  or  by  both  such  fine  and  imprison- 
ment.     [Amendment  approved  May  17,  1917;  Stats.    1917,    p.    5S6.] 

§  61a.  Superintendent  of  banks  may  investigate  bonds.  Opinions  of 
attorneys.  Certiiicates  revoked.  Expenses.  The  superintendent  of 
hanks  shall  have  power,  when  any  issue  of  bonds  or  securities  is  pre- 
sented to  him  for  that  purpose,  to  investigate  and  ascertain  whether 
such  bonds  or  securities  come  within  and  fully  conform  to  all  the  re- 
quirements of  paragraph  (f),  (g),  (h),  or  (i)  of  subdivision  (3)  of  sec- 
tion sixty-one  of  this  act,  or  of  either  of  said  paragraphs.  He  may  also 
investigate  and  ascertain  for  what  period  of  time,  and  upon  what  con- 
ditions, any  franchise  granted  to  or  held  by  any  corporation  issuing 
any  such  bonds  or  securities  will  remain  in  force,  and  any  other  facts 
or  conditions  bearing  upon  the  value  or  sufficiency  of  such  bonds.  The 
superintendent  of  banks  may  accept  and  act  upon  the  opinions  and 
appraisements  of  any  attorneys,  engineers,  or  appraisers  which  may 
be  presented  by  such  person  or  corporation  so  applying,  and  the  reports 
of  any  of  the  executive  officers  of  the  corporation  issuing  such  bonds 
37 


Act  297,  §  65  GENERAL   LAWS.  578 

or  securities,  on  any  question  of  fact  concerning  or  affecting  such 
bonds  or  securities,  the  security  thereof,  the  franchise  conditions  herein 
mentioned,  or  the  financial  condition  of  the  corporation  issuing  fhe 
same.  In  lieu  of  or  in  addition  to  such  opinions,  appraisements  and 
reports,  the  superintendent  of  banks  may,  if  he  deems  proper,  have  any 
or  all  such  matters  passed  upon  and  certified  to  him  by  attorneys,  engi- 
Jieers,  appraisers  or  accountants  of  his  own  selection  at  the  expense 
of  the  applicant.  If  the  superintendent  of  banks  shall  find  from  such 
investigation  that  the  bonds  or  securities  so  presented  come  within  and 
fully  conform  to  all  the  requirements  of  any  of  said  paragraphs  of  sub- 
division (3)  of  section  sixty-one  of  this  act,  and  is  satisfied  from  such 
investigation  as  to  such  franchise  conditions,  he  shall  so  certify  unless 
for  any  reason  he  shall  be  of  the  opinion  that  such  bonds  are  not  a 
safe  or  proper  investment  for  savings  banks,  and  in  such  event  or  if 
such  bonds  shall  fail  to  meet  the  requirements  of  this  act  such  certifi- 
cate must  be  refused.  The  superintendent  of  banks  also  shall  have 
power  to  investigate  and  ascertain  the  status  and  sufficienciy  as  invest- 
ments for  savings  banks  of  any  bonds  specified  in  paragraph  (e)  of 
subdivision  (3)  of  section  sixty-one  of  this  act.  If  upon  such  investi- 
gation it  shall  be  determined  in  the  opinion  of  the  superintendent  of 
banks  that  any  bonds  specified  in  said  paragraph  (e)  of  subdivision 
(3)  of  section  sixty-one  of  this  act  constitute  a  proper  investment  for 
savings  banks  he  shall  so  certify. 

Any  certificate  issued  by  the  superintendent  of  banks  under  authority 
of  the  provisions  of  this  section  may  be  revoked  at  any  time  in  his  dis- 
cretion. Any  certificate  issued  in  relation  to  notes  or  bonds  specified 
in  paragraphs  (f),  (g),  or  (i)  of  subdivision  (3)  of  section  sixty-one 
of  this  act  shall  expire  not  later  than  three  months  after  the  end  of 
the  then  current  fiscal  year  of  the  corporation  issuing  such  notes  or 
bonds. 

The  actual  expense  of  investigating  any  issue  of  bonds  or  securities 
so  presented  shall  be  paid  by  the  person,  district  or  corporation  pre- 
senting the  same  for  investigation,  and  the  superintendent  of  banks, 
before  making  such  investigation,  may  require  a  cash  deposit  of  such 
amount  as  he  may  deem  necessary  to  cover  such  expense.  The  super- 
intendent of  banks  shall  keep  an  official  list  of  all  bonds  and  securities 
certified  by  him.  [Amendment  approved  May  17,  1917;  Stats.  1917, 
p.  594.] 

§  65.  No  loan  to  director  of  officer.  Record  of  loan.  Reporter  to 
superintendent  of  banks.  Loan  to  agent  or  employee.  Record  of  loan. 
Report  to  superintendent  of  banks.     Not  applicable  to  what  corporations. 

Xo  loan  shall  he  made,  for  himself  or  as  agent  or  partner  of  another, 
ilirectiy  or  indirectly,  to  any  director  or  officer  of  any  savings  bank  by 
such  bank,  or  on  the  indorsement,  surety  or  guaranty  of  any  such  officer 
or  director,  except  that  loans  may  be  made  to  any  corporation  in  which 
any  director  or  officer  of  such  saviugs  bank  may  own  or  hold  a  minority 
number  of  shares  of  stock,  upon  authorization  of  a  majority  of  all  the 
directors  of  such  savings  bank  and  the  affirmative  vote  of  all  directors 
of  such  savings  bank  present  at  the  meeting  authorizing  such  loan;  pro- 
vided, however,  that  such  loan  shall  in  all  other  respects  conform  to  and 


579  BANKS  AND  BANKING.  Act  297,  §  67 

comply  with  all  other  provisions  of  this  act.  Such  interested  director 
or  officer  shall  not  vote  or  pt^rticipate  in  any  manner  in  the  action  of  the 
board  on  such  loan.  Such  authorization  shall  be  entered  upon  the  rec- 
cords  or  minutes  of  such  savings  bank.  The  fact  of  making  such  loan, 
the  names  of  the  directors  authorizing  such  loan,  the  corporate  name  of 
the  borrower,  the  name  of  each  director  or  officer  of  such  bank  who  is  a 
member,  stockholder,  officer,  or  director  of  the  corporation  to  which  such 
loan  is  made,  the  amount  of  stock  held  by  him  in  such  borrowing  corpora- 
tion, the  amount  of  such  loan,  the  rate  of  interest  thereon,  the  time  when 
the  loan  will  become  due,  the  amount,  character  and  value  of  security 
given  therefor  and- the  fact  of  final  payment,  when  made,  shall  be  forth- 
with reported  in  writing  by  the  cashier  or  secretary  of  such  savings  bank 
to  the  superintendent  of  banks.  No  loan  may  be  made  to  any  corpora- 
tion, a  majority  of  the  stock  of  which  is  owned  or  controlled  by  any  one 
or  more  of  the  directors  of  officers  of  such  savings  bank,  except  with  the 
previous  consent  of  the  superintendent  of  banks. 

A  loan  may  be  made  to  any  agent  or  employee,  other  than  an  officer  or 
director,  of  any  savings  bank  by  such  bank  upon  authorization  of  a 
majority  of  all  the  directors  of  such  savings  bank  and  an  affirmative  vote 
of  all  directors  of  such  savings  bank  present  at  the  meeting  authorizing 
such  loan;  provided,  however,  that  such  loan  shall  in  all  respects  conform 
to  and  comply  with  all  other  provisions  of  this  act.  Such  authorization 
shall  be  entered  upon  the  records  or  minutes  of  such  savings  bank.  The 
fact  of  making  such  loan,  the  names  of  the  directors  authorizing  such 
loan,  the  name  of  the  borrower,  the  nature  of  his  employment,  the 
amount  of  such  loan,  the  rate  of  interest  thereon,  the  time  when  the 
loan  will  become  due,  the  amount,  character  and  value  of  the  security 
given  therefor,  and  4he  fact  of  final  payment,  when  made,  shall  be  forth- 
with reported  in  writing  bj^  the  cashier  or  secretary  of  such  savings  bank 
to  the  superintendent  of  banks.  Any  officer  or  director  of  any  savings 
bank,  who  knowingly  procures  a  loan  from  such  savings  bank,  contrary 
to  the  provisions  of  this  section,  shall  be  guilty  of  a  felony.  In  ease  of 
the  neglect  or  failure  of  the  secretary  or  cashier  of  any  such  bank,  to 
report  to  the  superintendent  of  banks,  as  herein  provided,  any  of  the 
facts  so  required  to  be  reported,  or  in  case  of  the  neglect  or  failure  of 
the  secretary  or  cashier  of  any  such  bank,  to  report  to  the  superintendent 
of  banks  any  loan  made  contrary  to  the  provisions  of  this  section,  the 
bank  shall  be  liable  therefor  and  shall  forfeit  to  the  people  of  the  state 
of  California  twenty-five  dollars  per  day  for  each  day.  or  part  thereof, 
during  which   such  neglect   or  failure   continues. 

This  section  shall  not  apply  to  any  loan  made  to  a  religious  corpora- 
tion, club,  or  other  membership  corporation  of  which  one  or  more  direc- 
tors, officers,  agents  or  employees  of  such  savings  bank  may  be  members 
or  officers,  but  in  which  they  have  no  financial  interest.  [Amendment 
approved  May  17,  1917;  Stats.  1917,  p.  609.] 

§67.  1.  Limitation  on  loans.  No  savings  bank  shall  loan  money 
except  on  adequate  security  of  real  or  personal  property,  and  no  such 
loan  shall  be  made  for  a  period  longer  than  ten  years.  No  such  loan 
shall  be  made  on  unsecured  notes;  provided,  that  a  savings  bank  may 
discount   or   purchase   bankers'   acceptances   of   which   the   acceptor   is  a 


Act  297,  §  67  GENERAL   LAWS.  580 

bank  or  trust  company  having  a  paid  in  capital  of  one  million  dollars. 
Said  bankers'  acceptances  shall  be  bills  of  exchange  of  the  kind  and 
character  defined  and  made  eligible  under  the  federal  reserve  act  and 
the  then  current  regulation  of  the  federal  reserve  board  for  rediscount 
or  for  purchase  in  the  open  market  by  a  federal  reserve  bank;  provided, 
however,  that  no  savings  bank  shall  at  any  time  acquire  by  discount 
or  purchase  an  amount  of  such  bankers'  acceptances  greater  than  five 
per  centum  of  its  deposits  nor  shall  any  savings  bank  acquire,  directly 
.or  indirectly,  by  discount  or  purchase,  any  such  bankers'  acceptances 
from  any  one  acceptor  in  an  amount  which  shall  exceed  five  per  centum 
of  the  capital  and  surplus  of  such  bank;  and  provided,  that  a  savings 
bank  may  discount  or  purchase  a  bill  which  must  comply  with  the  fol- 
lowing requirements: 

(a)  RecLuirements  for  bill  of  exchange.  It  must  be  a  bill  issued  by 
a  solvent  individual  or  firm  or  corporation  engaged  in  mercantile  or 
manufacturing  business  in  the  United  States  that  makes  statements  of 
its  condition  duly  ascertained  and  certified  to  by  a  certified  public 
accountant.  Copy  of  such  certified  statement  shall  be  on  file  in  the  office 
of  the  savings  bank  discounting  or  purchasing  such  bill  in  a  file  main- 
tained for  such  purpose.  Said  statement  shall  have  been  issued  within 
the  preceding  twelve  months  and  shall  consist  of  a  balance  sheet  show- 
ing quick  assets,  slow  assets,  permanent  or  fixed  assets,  current  liabilities 
and  accounts,  short  term  loans,  long  term  loans,  capital  and  surplus. 
Accompanying  said  balance  sheet  shall  be  a  copy  of  a  statement  from 
the  borrower  concerning  the  following: 

(1)  The  nature  of  the  business. 

(2)  All  contingent  liabilities  such  as  indorsements  or  guaranties. 

(3)  Particulars  respecting  any  mortgage  debts  and  whether  there  is 
any  lien  on  current  assets. 

(4)  The  maximum  and  minimum  liabilities  of  the  individual,  firm  or 
corporation  during  the  twelve  months  previous  to  the  date  of  audit. 

(b)  Requirements  for  bill  of  exchange.  Bills  not  eligible  for  discount 
or  purchase.  Credit  reports.  Limitation  on  amount.  It  must  be  issued 
by  ail  iuili vidual,  firm  or  corpoiatioii  whose  net  worth  is  not  less  than 
two  and  one-half  times  the  amount  of  its  outstanding  liabilities,  nor 
less  than  two  hundred  thousand  dollars.  The  quick  assets  of  said  indi- 
\ic|iial,  firm  or  corporation,  consisting  of  merchandise,  finished,  raw, 
and  ill  the  process  of  manufacture,  accounts  receivable,  bills  receivable 
and  cash,  shall  not  be  less  tlian  two  times  its  outstanding  quick  lialiili- 
tics  as  shown  by  said  statement. 

(c)  It  must  have  a  maturity  of  not   more  than  six  months. 

(d)  Jt  must  have  arisen  out  of  actual  commercial  transactions;  that 
is,  be  a  bill  whicii  has  been  issued  or  drawn  for  industrial  or  commercial 
purposes  or  tlie  proceeds  of  which  have  been  or  are  to  be  used  for  sucli 
](UipoHe. 

No  bill  shall  he  cli^ildc  for  discount  or  purchase  by  a  savings  bank, 
the  jtroceeds  of  which  iiavc  liccn  used  or  are  to  lie  used  for  any  of  the 
following  [inrposes: 

(1)  For  [icriiia  iiciit  or  (IximI  i  ii  scsI  incut s  of  any  kind  such  as  lands, 
liuildings,    inaciiinrry,    iiiclnijiiig    tiicrcin    additions,    alterations    or    Other 


581  BANKS  AND  BANKING.  Act  297,  §  67 

permanent  improvements  except  such  as  are  properl}-  to  be  regarded  as 
costs  of  operation. 

(2)  For  investments  of  a  merely  speculative  character  whether  made 
in  goods  or  otherwise. 

(3)  Must  not  have  been  issued  for  carrying  or  trading  in  stocks,  bonds 
or  other  investment  securities. 

(4)  Must  not  be  a  bill  of  any  individual,  firm  or  corporation  which 
has  under  pledge  or  hypothecation  any  of  its  personal  assets,  or  which 
has  any  contingent  liability  arising  from  the  rediscount  of  bills  receiv- 
able, or  from  accommodation  indorsements  of  such  iudiviilual,  firm  or 
corporation. 

The  word  "bill"  when  used  in  tliis  section  shall  be  construed  to  in- 
clude notes,  drafts  or  bills  of  exchange  and  the  word  "goods"  shall  be 
construed  to  include  goods,  wares  or  merchandise. 

Any  savings  bank  purchasing  or  discounting  such  paper  shall  have 
in  a  file  maintained  for  the  purpose,  letters  from  banks  and  merchants 
or  mercantile  reports  bearing  upon  the  credit  and  standing  of  the  per- 
son, firm,  copartnership  or  corporation  whose  paper  is  under  discount. 

No  savings  bank  shall  at  any  time  acquire  by  discount  or  purchase 
an  amount  of  such  commercial  paper  greater  than  five  per  centum  of 
its  deposits  nor  shall  any  savings  bank  acquire,  directly  or  indirectly, 
by  discount  or  purchase,  any  such  commercial  paper  of  any  one  person, 
firm,  copartnership  or  corporation  in  an  amount  which  shall  exceed  five 
per  centum  of  the  capital  and  surplus  of  such  bank. 

2.  Iioans  on  bonds.  No  savings  bank  shall  invest  or  loan  an  amount 
greater  than  fifty  per  centum  of  its  actual  paid-up  capital  and  surplus 
on  any  one  bond  issiie  of  the  class  specified  in  paragraph  (h)  of  subdi- 
vision (3)  of  section  sixty-one  of  this  act,  nor  more  than  five  per 
centum  of  its  assets  on  any  one  bond  issiie  of  any  other  class,  except 
bonds  of  the  United  States,  of  the  state  of  California,  bonds  for  which 
the  faith  and  credit  of  the  United  States  or  of  the  state  of  California 
are  pledged,  or  bonds  of  any  county,  city  and  county,  city  or  school 
district  in  this  state,  or  bonds  of  any  irrigation  district  such  as  are  legal 
for  investment  by  savings  banks. 

3.  No  savings  bank  shall  loan  money: 

(a)  On  bonds  of  the  character  specified  in  paragraph  (a),  (b),  (e), 
and  (d)  of  subdivision  (3)  of  section  sixty-one  of  this  act,  or  on  bonds 
of  the  character  specified  in  paragraph  (e)  of  subdivision  (3)  of  section 
sixty-one  of  this  act  the  principal  and  interest  of  which  are  to  be  paid 
in  whole  or  in  part  by  taxes  levied  upon  the  property  in  the  district 
issuing  such  bonds,  unless  such  bonds  shall  have  a  market  value  at 
least  ten  per  centum  in  excess  of  the  amount  loaned  thereon;  or, 

(b)  On  bonds  of  the  character  specified  in  paragraphs  (f)  and  (g) 
or  on  bonds  or  notes  of  the  character  specified  in  paragraph  (i)  of 
subdivision  (3)  of  section  sixty-one  of  this  act,  or  on  bonds  of  the 
character  specified  in  paragraph  (e)  of  subdivision  (3)  of  section  sixty- 
one  of  this  act  other  than  those  specified  in  the  preceding  paragraph  of 
this  section  unless  such  bonds  or  notes  shall  have  a  market  value  at 
least  fifteen  per  centum  in  excess  of  the  amount  loaned  thereon;  or 


Act  297,  §  68  GENERAL,   LAWS.  582 

(c)  On  bonds  legal  for  investment  by  savings  banks  in  the  states 
of  New  York  or  Massachusetts,  unless  such  bonds  shall  have  a  market 
value  at  least  fifteen  per  centum  in  excess  of  the  amount  loaned 
thereon;  or, 

(d)  On  personal  property  unless  such  personal  property  shall  have 
a  market  value  at  least  fifty  per  centum  in  excess  of  the  amount  loaned 
thereon;  or, 

(e)  On  other  bonds,  or  on  the  capital  stock  of  any  corporation,  unless 
such  bonds  or  stock  shall  have  a  market  value  at  least  fifty  per  centum 
in  excess  of  the  amount  loaned  thereon;  provided,  however,  that  no  loan 
shall  be  made  upon  the  capital  stock  of  any  bank  unless  such  bank 
has  been  in  existence  at  least  two  years  and  has  earned  and  paid  a 
dividend  on  its  capital  stock. 

4.  Loans  on  real  estate.  No  savings  bank  shall  make  any  loan  on 
the  security  of  real  estate,  except  it  be  a  first  lien,  and  in  no  event  to 
exceed  sixty  per  centum  of  the  market  value  of  any  real  estate  taken 
as  security  except  for  the  purpose  of  facilitating  the  sale  of  property 
owned  by  such  savings  bank;  provided,  that  a  second  lien  may  be 
accepted  to  secure  the  repayment  of  a  debt  previously  contracted  in 
good  faith;  and  provided,  also,  that  any  savings  bank  holding  a  first 
mortgage  or  deed  of  trust  on  real  estate  may  take  or  purchase  and  hold 
or  loan  upon  another  and  immediately  subsequent  mortgage  or  deed  of 
trust  thereon,  but  all  such  loans  shall  not  exceed  in  the  aggregate  sixty 
per  centum  of  the  market  value  of  the  real  estate  securing  the  same; 
provided,  further,  that  a  savings  bank  may  loan  not  to  exceed  ninety 
per  centum  of  the  face  value  of  a  note  or  bond  secure'd  by  a  first  mort- 
gage 'or  deed  of  trust  on  real  estate,  but  in  no  event  shall  any  such 
loan  exceed  ninety  per  centum  of  sixty  per  centum  of  the  market  value 
of  the  real  estate  covered  by  said  mortgage  or  deed  of  trust. 

.5.  Loans  on  capital  stock  of  corporations.  No  loans  on  mining  stock. 
No  savings  bank  shall  loan  to  any  one  borrower  on  the  security  of  the 
capital  stock  of  any  corporation  an  amount  exceeding  ten  per  centum 
of  the  capital  stock  and  surplus  of  such  savings  bank;  provided,  that 
all  loans  on  the  capital  stock  of  any  one  corporation  shall  not  exceed 
in  the  aggregate  twenty-five  per  centum  of  the  capital  stock  and  surplus 
of  such  savings  bank.  No  savings  bank  shall  purchase,  invest  or  loan 
its  capital,  surplus  or  the  money  of  its  depositors,  or  any  part  of  either, 
in  mining  shares  or  stock. 

Any  president  or  managing  officer  who  knowingly  consents  to  a  vio- 
lation of  any  provision  of  this  section  shall  be  guilty  of  a  felony. 
[Amciidincnt  a[)proved  May  17,  1917;  Stats.  1917,  p.  594.] 

§  68.  Total  reserves  of  savings  bank.  Deposits  with  commercial  banks. 
Every  savings  Itank  or  savings  departmiMit  of  a  bank,  shall  at  all  times 
maintain  total  reserves  equivalent  to  five  per  centum  of  the  aggregate 
amount  of  its  deposits  exclusive  of  state,  county  and  municipal  deposits 
for  the  repayment  id'  wliii'h  bonds  have  been  deposited  as  security;  at 
least  two  and  one  li;ilf  per  centum  of  such  deposits  shall  be  maintained 
as  reserves  on  hand,  one-half  of  which  sliall  consist  of  gold  coin,  gold 
bullion    United  States  gold  certificates  or  United  States  notes  and  one- 


583  BANKS  AND  BANKING.  Act  297,  §  80 

luilf  of  which  shall  consist  of  gold  coiu,  gold  buUiou,  United  States 
gold  certificates,  United  States  notes  or  any  other  form  of  currency 
authorized  by  the  laws  of  the  United  States  and  two  and  one-half  per 
centum  of  such  deposits  may  be  maintained  as  reserves  on  hand  and 
may  consist  of  bonds  of  the  United  States  or  of  gold  coin,  gold  bullion. 
United  States  gold  certificates,  United  States  notes  or  any  other  form 
of  currency  authorized  by  the  laws  of  the  United  States  or  may  be 
maintained  as  reserves  on  deposit  subject  to  call  with  lany  reserve  de- 
l)ositary  provided  for  in  section  twenty  of  this  act;  provided,  however, 
that  no  savings  bank  or  savings  department  shall  be  required  to  main- 
tain reserves  on  hand  in  excess  of  four  hundred  thousand  dollars,  and 
when  such  reserves  on  hand  reach  that  amount,  the  balance  of  total 
reserves  necessary  to  make  up  the  five  per  centum  may  be  kept  as 
reserves  on  deposit  subject  to  call  with  any  reserve  depositary  provided 
for  in  section  twenty  of  this  act.  No  new  loan  shall  be  made  during 
any  deficiency  in  the  total  reserves.  Deposits  with  any  commercial 
bank,  or  commercial  department  of  a  bank,  on  open  account,  as  provided 
in  this  section,  shall  be  permitted,  and  shall  not  be  construed  as  loans. 
Not  more  than  five  per  centum  of  the  deposits  of  any  savings  bank 
shall  be  deposited  with  any  one  bank,  except  with  the  consent  of  the 
superintendent  of  banks.  Not  more  than  fifteen  per  centum  of  the 
deposits  of  any  savings  bank  shall  be  deposited  with  all  commercial 
banks,  except  with  the  consent  of  the  superintendent  of  banks.  No 
savings  bank  or  savings  department  shall  receive  deposits  of  other 
banks  other  than  savings  deposits  and  such  deposits  shall  not  be  treated 
or  considered  as  a  part  of  the  reserves  on  deposit  of  such  depositing 
bank;  provided,  the  sum  so  deposited  shall  not  exceed  thirty  per  centum 
of  the  paid-in  capital  and  surplus  of  the  depositing  bank  nor  more  than 
fifteen  per  centum  of  the  paid-in  capital  and  surplus  of  the  depositary 
bank.      [Amendment  approved  May  17,  1917;  Stats.  1917,  p.  611.] 

§  80.  Loans  of  commercial  banks  without  security.  With  security. 
Restrictions  not  applicable  to  bills  of  exchange,  etc.  Computing  liabiliiies 
to  commercial  bank.  No  commercial  bank  shall  make  any  loans,  directly  or 
indirectly,  to  any  person,  firm,  cojaartnership  or  corporation,  in  an  amount 
which,  including  ther'ein  any  extension  of  credit  to  such  person,  firm, 
copartnership  or  corporation,  by  means  of  letters  of  credit,  or  by 
acceptance  of  drafts  for,  or  the  discount  or  purchase  of  the  notes,  bills 
of  exchange  or  other  obligations  of,  such  person,  firm,  copartnership 
or  corporation,  shall  exceed  the  following  percentage  of  its  capital  and 
surplus. 

1.  Ten  per  centum  without  security,  except  where  such  capital  stock 
and  surplus  is  not  more  than  twenty-five  thousand  dollars,  in  which 
event  an  amount  not  to  exceed  twenty  per  centum  of  such  capital  stock 
and  surplus  may  be  loaned  without  security,  and  where  such  camtal 
stock  and  surplus  is  greater  than  twenty-five  thousand  dollars  and  does 
not  exceed  fifty  thousand  dollars,  a  sum  not  exceeding  five  thousand 
dollars  may  be  loaned  without  security.  Nothing  herein  shall  prohibit 
any  commercial  bank  from  taking  or  receiving  any  kind,  character  or 
amount  of  security  whatsoever,  either  real  or  personal,  for  the  protection 
of  any  loan  made  under  the  provisions  of  this  subdivision,  but  no  such 


Act  297,  §  80  GENERAL   LAWS.  584 

loan  or  any  part  thereof  shall  be  considered  or  construed  as  a  secured 
loan  unless  the  whole  thereof  is  loaned  upon  security  worth  at  least 
fifteen  per  centum  more  than  the  amount  of  such  loan;  or, 

2.  Fifteen  per  centum,  in  addition  to  the  amount  that  may  be  loaned 
under  the  provisions  of  subdivision  one  of  this  section,  upon  security 
worth  at  least  fifteen  per  centum  more  than  the  amount  of  such  loan 
so  secured;  provided,  the  total  amount  which  can  be  loaned  under  sub- 
divisions one  and  two  hereof  cannot  exceed  twenty-five  per  centum  in 
all;  provided,  however,  that  a  separate  note  or  notes  shall  be  taken 
for  the  unsecured  loans  and  a  separate  note  or  notes  shall  be  taken  for 
the  secured  loans,  and  the  secured  and  unsecured  loans  shall  not  be 
combined  in  any  way  within  one  note,  or  notes;  or, 

3.  Twenty-five  per  centum  upon  security  worth  at  least  fifteen  per 
centum  more  than  the  amount  of  its  loans  so  secured;  provided,  how- 
ever, that  when  secured  loans  to  this  amount  or  any  amount  in  excess 
of  fifteen  per  centum  are  made,  then  no  unsecured  loans  shall  be  per- 
mitted in  addition  to  such  secured  loans;  or 

4.  Forty  per  centum,  provided  such  loans  are  upon  commercial  or 
business  paper  actually  owned  by  the  person  negotiating  the  same  to 
such  bank,  and  are  indorsed  hy  such  person  without  limitation;  pro- 
vided, however,  that  in  addition  to  the  amounts  permitted  to  be  loaned 
by  subdivisions  one,  two  or  three  of  this  section,  an  amount  may  be 
loaned  on  the  securities  fixed  by  subdivision  four  of  this  section,  which 
taken  with  the  amounts  so  permitted  by  said  subdivisions  one,  two  or 
three  will  not  exceed  forty  per  centum;  provided,  also,  that  the  restric- 
tions under  this  section  shall  not  apply  to  bills  of  exchange  or  drafts, 
with  bills  of  lading  attached,  drawn  in  good  faith  against  actual  exist- 
ing values;  provided,  further,  that  any  commercial  bank,  having  first 
obtained  in  writing  the  consent  of  the  superintendent  of  banks  so  to 
do  and  under  such  conditions  and  regulations  as  may  be  prescribed 
by  him,  maj-  accept  drafts  or  bills  of  exchange  drawn  upon  it  ri^nning 
for  a  period  not  longer  than  six  mouths,  but  no  commercial  bank  shall 
accept  such  drafts  or  bills  of  exchange  in  an  amount  greater  at  any 
time  in  the  outstanding  aggregate  than  one-half  of  its  capital  and  sur- 
plus; but  such  acceptance  or  acceptances  must  be  drawn  by  a  person, 
firm,  copartnership  or  corporation  engaged  in  agricultural,  industrial 
or  commorcial  business  directly  connected  with  the  production,  manu- 
facture, purchase,  sale  or  consignment  of  the  goods  involved  in  the 
transaction  in  which  the  acceptance  originated;  provided,  however,  that 
no  such  acceptance  or  acceptances  to  any  one  person,  firm,  copartnership 
or  cor])oration  shall  exceed  ten  per  centum  of  the  capital  and  surplus 
of  such  bank. 

Loans  which  arc  made  u]ion  security  availal)le  for  loans  in  a  savings 
bank  may  be  made  in  a  commercial  bank  upon  the  same  margin  of 
security  as  is  permitted  to  savings  banks  anything  in  this  section  to 
the  contrary  notwithstanding,  and  all  such  loans  shall  be  deemed  to  be 
secured  loans  within  the  meaning  of  this  section. 

In  computing  tlie  total  liabilities  of  any  i)erson  to  a  commercial  bank 
there  shall  be  included  all  liabilities  to  llu-  bank  of  any  copartnership 
or  unincorporated  association  fiT  which  he  is  a  member,  and  any  loans 
made  for  his  benefit  or  for  the  liciiefit  of  such  copartnership  or  unincor- 


585  BANKS  AND  BANKING.  Act  297,  §  83 

[loratod  asHOciatiou;  of  any  firm,  copartnership  or  uiiiucorporated  asso- 
ciation to  a  commercial  bank  there  shall  be  included  all  liabilities  of 
its  individual  members  and  all  loans  made  for  the  benefit  of  such 
copartnership  or  unincorporated  association  or  any  member  thereof; 
and  of  any  corporation  to  a  commercial  bank  there  shall  be  included 
all  loans  made  for  the  benefit  of  the  corjioration.  [Amendment  approved 
May  17,  1917;   Stats.  1917,  p.  611.] 

§  83.  Loans  to  officer,  etc.,  of  commercial  bank.  Credit  to  directors, 
etc.  Report  to  superintendent  of  banks.  Penalty.  Not  applicable  to 
what  corporations.  Xo  loan  shall  be  made  for  himself  or  as  agent  or 
partner  of  another,  directly  or  indirectly,  to  any  officer  of  any  commer- 
cial bank  by  such  bank  or  on  the  indorsement,  surety,  or  guaranty 
of  any  such  officer;  provided,  that  a  loan  may  be  made  to  a  corporation 
of  which  any  officer  of  a  commercial  bank,  proposing  to  make  such  loan, 
is  a  minority  stockholder,  director,  officer,  agent  or  employee.  Loans 
to  any  director,  agent  or  employee,  other  than  an  officer,  or  to  any  firm, 
copartnership  or  corporation  of  which  any  director,  agent  or  employee 
other  than  an  officer  is  a  member,  stockholder,  director,  officer,  agent 
or  other  employee,  or  to  any  person,  firm,  copartnership  or  corporation 
on  the  indorsement,  surety,  or  guaranty  of  any  such  director  other  than 
an  officer,  agent  or  other  employee,  can  be  made  by  any  commercial 
bank;  and  provided,  further,  that  a  loan  may  be  made  or  a  line  of 
credit  may  be  given  to  any  member  of  an  advisory  board  or  body  of 
a  commercial  bank,  not  otherwise  an  officer  of  such  bank,  or  a  loan 
may  be  made  to  any  firm,  copartnership  or  corporation  of  which  any 
member  of  such  advisory  board  or  body  is  a  member,  stockholder, 
director,  officer,  agent  or  other  employee,  or  to  any  person,  firm,  co- 
partnership, or  corporation  on  the  indorsement,  surety,  or  guaranty  of 
any  such  member  of  such  advisory  board  or  body  upon  such  conditions 
as  are  herein  fixed  for  a  loan,  directly  or  indirectly,  or  a  line  of  credit 
and  the  report  thereof,  to  any  director  of  such  bank.  Loans  herein 
authorized  can  be  made  only  on  authorization  of  or  confirmation  within 
thirty  days  after  making  such  loan,  by  a  majority  of  all  the  directors 
of  such  bank  and  the  affirmative  vote  of  all  directors  of  such  bank 
present  at  the  meeting  authorizing  or  confirming  such  loan.  Such  in- 
terested director  shall  not  vote  or  participate  in  any  manner  in  the 
action  of  the  board  on  such  loan.  The  board  of  directors  of  any  such 
bank  may  fix  the  total  amount  of  credit  that  may  at  any  one  time  during 
the  twelve  months  next  succeeding  be  given  to  any  director,  agent,  or 
other  employee,  other  than  an  officer,  or  to  any  firm,  copartnership,  or 
corporation  in  which  any  director,  agent,  or  other  employee  other  than 
an  officer  is  a  member,  stockholder,  director,  officer,  agent  or  other  em- 
ployee or  to  any  corporation  of  which  any  officer  of  a  commercial  bank, 
proposing  to  fix  such  total  amount  of  credit,  is  a  minority  stockholder, 
director,  officer,  agent  or  employee,  and  any  or  all  loans  made  within 
or  up  to  the  total  amount  of  such  authorized  credit  may  at  any  time 
during  said  twelve  months,  be  renewed  from  time  to  time,  in  whole 
or  in  part,  by  the  officers  of  the  bank  without  any  further  vote  or  action 
on  the  part  of  the  board  of  directors.  Each  such  authorization  shall 
be  entered  upon  the  records  or  minutes  of  said  bank.     No  director  shall 


Act  297,  §  90  GENERAL  LAWS.  586 

vote  or  participate  in  any  manner  in  such  action  of  the  board  fixing 
the  total  amount  of  credit  that  may  at  any  one  time  be  given  to  him- 
self or  to  any  firm,  copartnership  or  corporation  in  which  he  is  a  mem- 
ber, stockholder,  director,  officer,  agent  or  other  employee.  The  fact 
of  making  such  loan,  the  names  of  the  directors  authorizing  such  loan, 
the  name  of  the  director,  agent  or  employee,  obtaining  such  loan,  or 
the  name  of  the  firm,  copartnership  or  corporation  in  which  such  director, 
agent  or  employee  is  interested  or  the  name  of  the  corporation,  of  which 
any  ofiicer  of  a  commercial  bank  is  a  minority  stockholder,  director, 
officer,  agent  or  employee,  obtaining  such  loan,  the  amount  of  such  loan, 
the  rate  of  interest  thereon,  the  time  when  the  loan  will  become  due, 
the  amount,  character  and  value  of  security  given  therefor,  if  any^  and 
the  fact  of  final  payment  when  made  shall  forthwith  be  reported  in 
writing  by  the  cashier  or  secretary  of  such  bank  to  the  superintendent 
of  banks.  In  case  a  loan  is  made  to  a  corporation  there. shall  be  reported 
in  the  same  manner  the  name  of  each  director  and  officer  of  such  bank 
who  is  a  member,  stockholder,  director,  officer  or  employee  of  such 
borrowing  corporation  and  the  amount  of  stock  held  by  him  in  such  bor- 
rowing corporation.  All  the  provisions  of  this  section  relating  to  re- 
ports shall  apply  to  the  granting  of  credit  and  all  loans  made  under 
any  credit  given  and  payments  made  thereon  shall  also  be  reported 
immediately  after  the  same  are  made.  In  ease  of  a  loan  made  without  the 
previous  authorization  of  the  directors,  the  fact  of  making  such  loan 
shall  forthwith  be  reported  and  the  action  of  the  board  of  directors, 
in  confirming  or  refusing  to  confirm  such  loan  within  thirty  days  there- 
after, and  the  fact  of  final  payment  when  made  shall  be  reported  in 
the  same  manner  as  herein  required  for  loans  made  ainder  previous  auth- 
orization. Any  officer,  director,  agent,  or  employee  of  a  commercial 
bank,  who  knowingly  procures  a  loan  from  such  commercial  bank  con- 
trary to  the  provisions  of  this  section,  shall  be  guilty  of  a  felony.  In 
case  of  the  neglect  or  failure  of  the  secretary  or  cashier  of  any  such 
bank  to  report  to  the  superintendent  of  banks,  as  herein  provided,  any 
of  the  facts  so  required  to  be  reported,  or  in  case  of  the  neglect  or  fail- 
ure of  the  secretary  or  cashier  of  any  such  bank,  to  report  to  the  super- 
intendent of  banks  any  loan  made  contrary  to  the  provisions  of  this 
section,  the  bank  shall  be  liable  therefor  and  shall  forfeit  to  the  people 
of  the  state  of  California  "twenty-five  dollars  per  day  for  each  day,  or 
part  thereof,  during  which  such  neglect  or  failure  continues. 

This  section  shall  not  apply  to  any  loan  made  to  a  religious  corpora- 
tion, i-lub,  or  other  membership  corporation  of  which  one  or  more  direc- 
tors, officers,  agents  or  employees  of  such  commercial  bank  may  be  mem- 
bers or  officers  but  in  which  they  have  no  financial  interest.  [Amend- 
ment  iijiin-ov.-d  May    17.  1917;   Rtats.   1917.  p.  fil.",.] 

§  90.  Trust  companies.  May  receive  deposits.  Segretion  of  capital 
and  surplus  in  cities  of  less  than  100,000.  In  cities  of  more  than  100,000. 
Separate  kinds  of  capitol.  Oath  may  be  taken  by  officer.  Authority 
of  foreign  corporation  as  trustee.  .\ny  corporation  whicli  has  been  or 
sliiilj  III'  incor|ior:iti'd  nmliT  the  laws  of  this  state,  whicli  is  authorized 
by  its  articles  nf  i  iicorpdia  t  ion  to  ;ict  as  executor,  administrator,  guard- 
ian   of    estates,   assignee,    recei\Tr,    dejiositary    or    trust(>e,    under   appoint- 


587  BANKS  AND  BANKING.  Act  297,  §  90 

ment  of  any  court  or  b^'  authority  of  any  law  of  this  state,  or  as  trustee 
for  any  purpose  permitted  by  law,  which  has  its  principal  place  of  busi- 
ness in  a  city  in  which  the  population  does  not  exceed  one  hundred  thou- 
sand persons  and  which  has  a  capital  of  not  l^ss  than  one  hundred 
thousand  dollars  actually  paid  in,  in  cash,  assigned  to  or  available  for  the 
purpose  of  conducting  business  in  any  such  capacity,  or  trust  business  of 
any  character  permitted  by  law,  and  which  has  made  the  state  treasurer 
the  deposit  of  money  or  securities  t)f  the  character  and  in  the  amount 
required  by  the  terms  of  section  ninety-six  of  this  act,  and  which  has 
received  from  the  superintendent  of  banks  the  certificate  of  authority 
required  by  the  terms  of  section  one  hundred  twenty-seven  of  this  act, 
to  transact  such  business,  and  any  corporation  which  has  been  or  shall 
be  incorporated  under  the  laws  of  this  state,  which  is  authorized  by  its 
articles  of  incorporation  to  act  as  executor,  administrator,  guardian  of 
estates,  assignee,  receiver,  depositary  or  trustee,  under  appointment  of 
any  court  or  by  authority  of  any  law  of  this  state,  or  as  trustee  for 
any  purpose  permitted  by  law,  which  has  its  principal  place  of  busi- 
ness in  a  city  in  which  the  population  exceeds  one  hundred  thousand 
persons  and  which  has  a  capital  of  at  least  two  hundred  thousand  dol- 
lars actually  paid  in,  in  cash,  assigned  to  or  available  for  the  purpose 
of  conducting  business  in  any  such  capacity,  or  trust  business  of  any 
character  permitted  by  law,  and  which  has  made  with  the  state  treasurer 
the  deposit  of  money  or  securities  of  the  character  and  in  the  amount 
required  by  the  terms  of  section  ninety-six  of  this  act,  and  which  has 
received  from  the  superintendent  of  banks  the  certificate  of  authority 
required  by  the  terms  of  section  one  hundred  twenty-seven  of  this 
act,  to  transact  such  business,  may  act,  or  may  be  appointed  by  any 
court  to  act  in  such  capacity  in  like  manner  as  an  individual  and 
when  so  qualified  shall  be  known  as  a  trust  company.  Any  such  trust 
company  may,  as  provided  in  this  act,  accept  or  receive  any  deposit  of 
money  or  personal  property  authorized,  directed  or  permitted  to  be 
made  with  any  such  corporation  by  an  court  or  law  of  this  state,  and 
may  accept  and  execute  any  trust  provided  for  in  this  act,  or  permitted 
by  any  law  of  this  state,  to  be  taken,  accepted  or  executed  by  an  in- 
dividual. Any  such  trust  company,  if  located  in  a  city  the  population 
of  which  does  not  exceed,  one  hundred  thousand  persons  must  segre- 
gate that  iportion  of  its  capital  and  surplus  assigned  to  or  available 
for  its  trust  business  and  must  apportion  and  set  aside  at  least  fifty 
thousand  dollars  of  such  paid-up  capital  as  security  for  the  faithful 
performance  and  execution  of  all  x>rivate  trusts  accepted  by  it  and 
must  also  apportion  and  set  aside  at  least  fifty  thousand  dollars  of 
such  paid-up  capital  as  security  for  the  faithful  performance  and  exe- 
cution of  all  court  trusts  accepted  by  it  and  whenever  such  trust  com- 
pany shall,  under  the  provision  of  sections  ninety-six  and  ninety-eight 
of  this  act,  be  required  to  make  the  first  additional  deposit  of  securities 
witli  the  state  treasurer,  such  trust  company  must  also  apportion  and 
set  aside  an  additional  fifty  thousand  dollars  of  paid-up  capital  as  se- 
curity for  the  faithful  performance  and  execution  of  all  private  trusts 
accepted  by  it  and  must  also  apportion  and  set  aside  an  additional  fifty 
thousand  dollars  of  paid-up  capital  as  security  for  the  faithful  perform- 
ance  and    execution    of   all    court    tru?ts   accepted   by   it,   and   any   such 


Act  297,  §  98  GENERAL  LAWS.  588 

trust  company,  if  located  in  a  city,  the  population  of  which  exceeds 
one  hundred  thousand  persons  must  segregate  that  portion  of  its  capital 
and  surplus  assigned  to  or  available  for  its  trust  business  and  must 
apportion  and  set  aside  at  least  one  hundred  thousand  dollars  of  such 
paid  up  capital  as  security  for  the  faitliful  performance  and  execution 
of  all  private  trusts  accepted  by  it  and  must  also  apportion  and  set 
aside  at  least  one  hundred  thousand  dollars  of  such  paid-up  capital 
as  security  for  the  faithful  perfoi'^iance  and  execution  of  all  courts 
trusts  accepted  by  it;  provided,  that  no  such  trust  companj'  shall  at  any 
time  be  required  to  apportion  and  set  aside  any  portion  of  its  surplus 
as  security  for  the  faithful  performance  and  execution  of  such  private 
trusts,  nor  shall  it  be  prohibited  from  so  doing;  and  provided,  further, 
that  the  respective  amounts  of  capital  or  capital  and  surplus  so  appor- 
tioned and  set  aside  shall  be  treated  in  all  respects  as  the  separate 
capital  or  capital  and  surj^lus  of  each  respective  kind  or  class  of  business, 
as  though  the  same  were  conducted  by  separate  and  distinct  corporations, 
and  each  shall  be  kept,  held,  used  and  disposed  of  wholly  for  the  ex- 
clusive benefit,  protection  and  security  of  the  respective  classes  of 
trust  business  to  which  the  same  were  respectively  so  apportioned  and 
set  aside.  In  all  cases  in  w^hich  it  is  required  that  an  executor,  ad- 
ministrator, guardian  of  estates,  assignee,  receiver,  depositary  or  trus- 
tee, shall  qualify  by  taking  and  subscribing  an  oath,  or  in  which  an 
affidavit  is  required,  it  shall  be  a  sufficient  qualification  by  such  cor- 
poration if  such  oath  be  taken  and  subscribed  or  such  affidavit  made 
by  the  president,  vice-president,  secretary,  manager,  trust  officer,  assis- 
tant trust  officer  or  regularly  employed  attorney  thereof,  and  such 
officer  or  employee  shall  be  liable  for  the  failure  of  such  trust  company 
to  perform  any  of  the  duties  required  by  law  to  be  performed  by  an 
individual  acting  in  like  capacity  and  subject  to  like  penalties;  provided, 
any  such  appointment  as  guardian  shall  apply  to  the  estate  only,  and 
not  to  the  person.  A  foreign  corporation  may  be  authorized  to  act  in 
this  state  as  trustee  for  the  following  purposes: 

(1)  To  deliver  bonds,  and  receive  payment   therefor. 

(2)  To  deliver  permanent  bonds  in  exchange  for  temporary  bonds  of 
the  same  issue. 

(3)  To  deliver  refunding  bonds  in  exchange  for  those  of  a  prior 
issue  or  issues. 

(4)  To  register  l)oiu]s,  or  to  exchange  registered  bonds  for  coupon 
bonds,  or  coupon  bonds  for  registered  bonds. 

(5)  To  pay  interest  on  such  bonds,  and  to  take  u[i  aiul  cancel  coupons 
representing  such  interest  payments. 

(fi)  To  redeem  and  cancel  bonds  when  callcil  I'tir  redemption,  or  to 
pay  and  cancel  bonds  when  due. 

(7)  The  certification  of  registered  bonds  for  tlie  purpose  of  exchanging 
registered  bonds  for  coupon  bonds. 

(8)  To  act  as  trustee  under  any  mortgage,  (ieed  or  trust,  or  other 
instrument  securing  notes  or  bonds  issued  liv  any  coiporation.  [Amend- 
ment aj. proved  May    17,   11M7;  Stats.   li)17,  p.  (ii:..| 

§  98.  When  trust  funds  amount  to  $500,000.  When  funds  amount 
to     $1,000,000.     Treasurers     receipt,     "Trust     funds."     Penalty.     With- 


589  BANKS  AND  BANKING.  Act  297,  §  98 

drawal  of  securities.  Validity  of  act.  Whenever  any  trust  company, 
the  principal  place  of  business  of  which  is  located  in  a  city  the  popu- 
lation of  which  does  not  exceed  one  hundred  thousand  persons,  receives 
from  court  trusts  accepted  by  it,  trust  funds,  as  herein  defined,  to  the 
amount  of  five  hundred  thousand  dollars,  it  shall  forthwith  notity  in 
writing  the  superintendent  of  banks  of  such  fact,  and  within  thirty 
days  thereafter  shall  deposit  with  the  state  treasurer  additional  money 
or  securities  of  the  character  mentioned  and  defined  in  section  ninety- 
six  of  this  act,  approved  as  therein  provided,  in  the  amount  of  fifty 
thousand  dollars;  and  whenever  any  trust  company  receives  from  court 
trusts  such  funds  to  the  amount  of  one  million  dollars  it  shall  further 
notify  in  writing  the  superintendent  of  banks  of  such  fact  and  wi1?hin 
thirty  days  thereafter  shall  deposit  with  the  state  treasurer  additional 
money  or  securities  of  the  character  mentioned  and  defined  in  section 
ninety-six  of  this  act,  approved  as  therein  provided,  in  the  amount  of 
fifty  thousand  dollars;  and  for  each  additional  five  hundred  thousand 
dollars  of  such  trust  funds  thereafter  received  by  any  trust  company 
from  court  trusts  a  similar  notification  in  writing  shall  forthwith  be 
given  to  the  superintendent  of  banks,  and  a  further  deposit  in  the  amount 
of  twenty-five  thousand  dollars  of  such  money  or  securities,  or  of  se- 
curities, provided  for  in  section  ninety-seven  of  this  act  likewise  ap- 
proved, shall  be  made,  within  thirty  days  thereafter,  by  such  trust 
company  with  said  state  treasurer,  until  five  hundred  thousand  dollars 
of  such  securities  have  been  so  deposited.  The  treasurer  shall  give  his 
receipt  for  any  money  or  securities  so  deposited  and  each  and  all  of 
such  deposits  of  money  or  securities,  shall  be  held  by  said  state,  treas- 
urer for  the  sole  benefit  of  the  beneficiaries  of  the  class  of  business  for 
the  security  and  protection  of  which  same  were  deposited.  The  state 
shall  be  responsible  for  the  custody  and  safe  return  of  any  money  or 
securities  so  deposited  with  said  state  treasurer.  The  term  "trust  funds" 
when  used  in  this  section  shall  be  deemed  to  mean  and  shall  mean  per- 
sonal property  and  cash,  whether  received  with  the  original  trust  prop- 
erty or  as  rent,  income  or  proceeds  thereof,  in  connection  with  the  trust, 
and  shall  not  be  deemed  to  include  and  shall  not  include  real  property. 
Any  trust  company  failing  to  comply  with  the  provisions  of  this  sec- 
tion shall  forfeit  to  the  state  of  California  one  hundred  dollars  a  day 
for  each  day  during  which  such  failure  or  default  shall  continue.  Upon 
making  a  request  in  writing  to  the  superintendent  of  banks,  any  such 
trust  company  shall  be  entitled  to  withdraw  from  the  state  treasurer,  from 
time  to  time,  a  sufficient  amount  of  such  securities  so  that  at  all  times 
the  amount  of  such  securities  so  deposited  shall  conform  to  the  require- 
ments of  this  act,  and  so  that  at  ho  time  shall  such  trust  company  be 
required  to  have  on  deposit  with  the  state  treasurer  an  amount  of  se- 
curities in  excess  of  the  requirements  of  this  act.  Upon  receiving  such 
request  in  writing,  and  satisfactory  proof  of  the  facts  warranting  such 
withdrawal,  it  shall  be  the  duty  of  the  superintendent  of  banks  to 
forthwith  deliver  to  the  state  treasurer  a  written  order  directing  the 
withdrawal  of  said  securities  so  as  to  conform  with  the  provisions  of 
this  section  and  it  shall  be  the  duty  of  the  state  treasurer  to  comply 
with  such  written  order.  The  validity  or  legality  of  any  act  or  pro- 
ceeding  done    or   taken   by   any   such   trust   company,   relating  to    or  in 


Act  297,  §§  128, 139  general  laws.  590 

connection  with  the  administration  of  any  such  trusts  shall  not  be  af- 
fected or  impaired  by  the  neglect  or  failure  of  such  trust  company,  or 
of  any  officer  or  employee  thereof,  to  comply  with  any  of  the  provi- 
sions of  this  act,  but  all  such  acts  and  proceedings  done  or  taken  prior 
to  the  revocation  of  its  certificate  of  authority  to  do  such  business  by 
the  superintendent  of  banks,  under  the  provisions  of  this  act,  or  the 
revocation  by  any  court  or  judge  thereof  of  the  appointment,  order  or 
decree  theretofore  entered  in  such  trust  matter  shall  be  as  valid  and 
effective  for  all  purposes  as  if  any  such  neglect  or  failure  had  not 
occurred.      [Amendment    approved    May    17,    1917;    Stats.    1917,    p.    617.] 

§128.  Certificate  of  authorization  issued.  When  the  certified  copy 
of  articles  of  incorporation  of  any  bank  shall  have  been  filed  with  the 
secretary  of  state,  and  application  made  for  the  issuance  of  a  certificate 
to  do  business  as  a  bank,  the  superintendent  of  banks,  provided  he 
has  not  withheld  granting  his  ceitificate  for  any  of  the  reasons  set  forth 
in  section  one  hundred  twenty-seven  hereof,  shall  ascertain,  from  the 
best  sources  of  information  at  his  command,  whether  the  character  and 
general  fitness  of  the  persons  named  as  stockholders  are  such  as  to  com- 
mand the  confidence  of  the  community  in  which  such  bank  is  proposed 
to  be  located,  and,  if  so  satisfied,  he  shall,  within  sixty  days  after  such 
application  has  been  made  to  him,  issue,  under  his  hand  and  official 
seal,  the  certificate  of  authorization  required  by  this  act.  The  super- 
intendent of  banks  shall  file  a  duplicate  of  such  certificate  in  his  own 
office.     [Amendment  approved  May  17,  1917;  Stats.  1917,  p.  619.] 

§  139.  Duty  of  board  of  directors.  Report.  Contents  of  report. 
When  no  examination  made.  Special  examination  by  superintendent  of 
banks.  Report.  It  shall  be  the  duty  of  the  board  of  directors  of  every 
bank  to  examine  fully,  or  to  cause  a  committee  of  at  least  three  of  its 
members,  none  of  whom  shall  be  an  officer  of  the  bank,  to  examine 
fully  into  the  books,  papers  and  affairs  of  the  bank  of  which  they  are 
directors,  and  particularly  into  the  loans  and  discounts  thereof,  with  a 
special  view  to  ascertaining  the  value  and  security  thereof,  and  of  the 
collateral  security,  if  any  given,  in  connection  therewith,  and  into  such 
other  matters  as  the  superintendent  of  banks  may  require;  such  exam- 
ination to  be  made  at  least  once  a  year,  but  no  such  subsequent  yearly 
examinations  shall  bo  made  within  three  months  of  the  next  preceding 
examination.  Such  directors  shall  have  power  to  employ  such  assis- 
tance in  making  such  examinations  as  they  may  deem  necessary. 
Within  thirty  days  after  the  completion  of  sucli  examination,  a  report 
ill  writing  thereof,  sworn  to  by  the  directors  making  the  same,  shall 
be  made  by  the  board  of  directors  of  such  bank,  and  placed  on  file 
with  the  records  of  said  bank,  and  shall  be  subject  to  examination 
by  the  superintendent  of  banks. 

Such  report  shall  particularly  contain  a  statement  of  the  assets  and 
liabilities  of  the  bank  examined,  as  shown  by  its  books,  together  with 
any  deductions  from  the  assets,  *or  additions  to  liabilities,  which  such 
directors  or  committee,  after  such  examination,  may  determine  to  make. 
It  shall  also  contain  a  statement,  in  detail,  of  loans,  if  any,  which  in 
their    opinion    arc    worthless    or    doubtful,    together    with    their   reasons 


591  BANKS  AND  BANKING.        Act  297,  §§  142,  145 

for  so  regarding  them;  also  a  statement  of  loans  made  on  collateral 
security,  which  in  their  opinion  are  insufficiently  secured,  giving  in  each 
case  the  amount  of  the  loan,  the  name  and  market  value  of  the  col- 
lateral, if  it  has  any  market  value,  and,  if  not,  a  statement  of  that  fact, 
and  its  actual  value  as  nearly  as  possible.  Such  report  shall  also  con- 
tain a  statement  of  overdrafts,  of  the  names  and  amounts  of  such  as 
they  consider  worthless  or  doubtful,  and  a  full  statement  of  such  other 
matters  as  affect  the  solvency  and  soundness  of  the  bank. 

If  the  directors  of  such  bank  shall  fail  to  make  such  examination 
or  fail  to  cause  it  to  be  made,  or  shall  fail  to  file  such  report  of  such 
examination  in  the  manner  and  within  the  time  specified,  the  superin- 
tendent of  banks  shall  have  authority  to  make  or  cause  to  be  made  an 
extra  examination  of  such  bank,  at  the  expense  of  such  bank. 

Whenever  the  board  of  directors  of  any  bank  may  determine  by  reso- 
lution, duly  entered  in  its  minutes,  that  a  special  examination  shall  be 
made  or  caused  to  be  made  by  the  superintendent  of  banks  in  lieu  of 
the  examination  herein  required  to  be  made  by  the  board  of  directors 
of  such  bank,  a  certified  copy  of  such  resolution  shall  be  transmitted 
to  the  superintendent  of  banks,  whereupon  it  shall  be  the  duty  of  the 
superintendent  of  banks  to  make  or  cause  to  be  made  a  special  examina- 
tion of  the  affairs  of  such  bank  in  lieu  of  the  examination  of  such  bank 
by  the  board  of  directors  thereof.  Such  special  examination  shall  be 
made  at  such  time  as  the  superintendent  of  banks  may  determine  but 
in  any  event  such  examination  shall  be  made  within  sixty  days  after 
the  receipt  by  the  superintendent  of  banks  of  the  resolution  hereinbe- 
fore referred  to.  The  cost  of  making  such  examination  shall  be  a  charge 
against  the  bank  for  which  such  examination  is  made. 

Upon  the  completion  of  such  examination  the  superintendent  of  banks 
shall  cause  a  report  thereof  in  writing  to  be  prepared  and  delivered  to 
the  board  of  directors  of  such  bank  at  such  time  as  may  be  fixed  by  the 
superintendent  of  banks,  but  not  later  than  thirty  days  after  the  com- 
pletion of  such  examination.  [Amendment  approved  May  17,  1917; 
Stats.  1917,  p.  619.] 

§  142.  Official  reports  prima  facie.  Every  official  report  made  by 
the  superintendent  of  banks  and  every  report  duly  verified  of  an  exam- 
ination made,  shall  be  prima  facie  evidence  of  the  facts  therein  stated, 
for  all  purposes  in  any  action  or  proceedings  wherein  the  superintend- 
ent of  banks  is  a  party.  [Amendment  approved  May  17,  1917;  Stats. 
1917,  p.  G20.] 

§  145.  Powers  abridged,  enlarged  or  modified.  Investments  made 
prior  to  July  1,  1909.  The  powers,  privileges,  duties  and  restrictions 
conferred  and  imposed  upon  any  corporation  or  individual  existing  and 
doing  business  under  the  laws  of  this  state  are  hereby  abridged,  enlarged 
or  modified  as  each  particular  ease  may  require  to  conform  to  the 
provisions  of  this  act,  notwithstanding  anything  to  the  contrary  in 
their  respective  articles  of  incorporation  or  charters.  All  the  provi- 
sions of  this  act  shall  apply  with  equal  force  and  effect  to  all  corpora- 
tions which  are  now  doing  or  which  may  hereafter  do  a  banking  busi- 
ness  in   this   state,   except   where   express   exception   or  exemption   may 


Act  298,  §§1-4  GENERAL   LAWS.  592 

be  made  herein,  and  to  such  other  persons,  associations,  copartnerships 
or  corporations  who  shall,  by  violating  any  of  its  provisions,  become 
subject  to  the  penalties  provided  herein.  The  legality  of  investments 
heretofore  made,  or  title  to  property  heretofore  acquired  or  conveyed 
through  transactions  heretofore  had  by  any  bank  pursuant  to  any  pro- 
vision of  law  in  force  when  such  investments  were  made  or  transac- 
tions had,  shall  not  be  affected  by  the  provisions  of  this  act,  except 
that  any  such  investments  made  prior  to  July  1,  1909,  when  not  com- 
plying with  the  provisions  hereof,  shall  be  changed  to  conform  hereto; 
but  such  change  shall  be  made  gradually  and  in  such  maner  as  to  pre- 
vent loss  or  embarrassment  in  the  business  of  such  bank,  or  unnecessary 
loss  or  injury  to  the  borrowers  on  such  security;  provided  that  the 
legality  of  any  investments  heretofore  lawfully  made,  pursuant  to  the 
provisions  of  this  act  as  it  existed  on  and  subsequent  to  July  1,  1909, 
shall  not  be  affected  by  the  provisions  of  this  section.  [Amendment 
approved  May  17,  1917;  Stats.  1917,  p.  620.] 

ACT   298. 

An  act  relating  to  the  liquidation  of  banks  by  the  superintendent  of 
banks;  empowering  him  to  levy  assessments  against  the  members 
and  stockholders  of  any  bank  in  process  of  liquidation  by  him  to 
an  amount  which  he  may  determine  to  be  necessary  to  promptly  pay 
the  creditors  of  such  bank  in  full;  to  enforce  such  assessments  by 
suit  and  empowering  the  superior  court  to  determine  the  equities 
of  the  members  and  stockholders  of  any  such  bank  to  any  surplus 
which  may  remain  after  the  payment  of  the  creditors  of  such  bank 
in  full  and  to  award  and  distribute  the  same  accordingly. 

[Approved  May  17,  1917.     Stats.  1917,  p.  581.     In  effect  July  27,  1917.] 

§  1.  Assessment  of  stockholders  to  pay  creditors.  Whenever  the 
superintejiilent  of  banks  shall  hereafter  take  possession  of  the  business 
and  property  of  any  bank  doing  business  in  this  state  for  the  purpose 
of  liquidating  its  affairs,  as  provided  by  law,  he  may  at  any  time  dur- 
ing the  process  of  such  liquidation  determine  whether  it  shall  be  neces- 
sary to  assess  the  members  or  stockholders  of  such  bank  in  order  to 
promptly  pay  the  claims  of  the  creditors  of  such  bank  in  full  and  he 
shall  make  such  assessments  as  he  may  determine  to  be  necessary  for 
that  j)iirpose. 

§2.  Complaint.  Such  determination  shall  be  evidenced  by  a  com- 
plaint or  jK'titiun  against  all  of  tlie  members  and  stockholders  of  such 
bank  filed  by  the  superintendent  of  banks  in  tlie  superior  court  of  the 
t'ounty  where  the  princii)al  i)lace  of  business  of  such  bank  is  or  was 
located  at  tlio  time  of  the  taking  of  siicli   possession. 

§3.  Further  assessments.  If  such  assessment,  first  made,  shall  prove 
inadequate!  io  pay  all  nf  tlic  rroditors  of  such  bank  in  full  the  superin- 
tendent of  banks  may  make  further  assessments  or  assessments  by  fil- 
ing sujiiilemental  complaints  or  petition  in  the  same  proceeding. 

§4.  Proceeds  applied,  in  any  sucli  jirocccdiuir  such  assessment  shall 
be  .Miforced  and  collected  and  llic  proceeds  thereof  shall  be  added  to  the 


593  BENEFIT    SOCIETIES.  Act  313,  §  6 

funds  of  such  bank  and  applied  by  the  superintendent  of  banks  for  tlie 
payment  of  just  claims  against  the  same. 

§5.  Payment  of  surplus.  If  after  the  payment  of  all  just  claims 
against  such  bank  and  the  cost  of  liquidation  any  surplus  shall  remain 
said  court  shall  determine  the  equities  of  the  respective  members  and 
stockholders  of  such  bank  thereto  and  direct  the  payment  thereof  by 
the  superintendent  of  banks  accordingly. 

§  6.  Action  to  collect  assessments.  The  superintendent  of  banks  shall 
have  power  to  maintain  an  action  in  any  other  state  or  country  to 
enforce  and  collect  such  assessments  against  any  of  such  members  or 
stockholders  and  the  proceeds  thereof  shall  become  a  part  of  the  fund 
and  be  subject  to  the  same  disposition  as  if  collected  in  the  proceedings 
provided  for  in  this  act. 

§  7.  Effect  on  prior  actions.  This  act  shall  not  affect  any  action  or 
proceeding  instituted  by  the  superintendent  of  banks  prior  to  its  enact- 
ment. 

§  8.  Constitutionality.  If  any  section,  subsection,  sentence,  clause 
or  phrase  of  this  act  is  for  any  reason  held  to  be  unconstitutional,  such 
decision  shall  not  affect  the  validity  of  the  remaining  portion  of  this 
act.  The  legislature  hereby  declares  that  it  would  have  passed  this 
act,  and  each  section,  subsection,  sentence,,  clause  or  phrase  thereof, 
irrespective  of  the  fact  that  any  one  or  more  other  sections,  subsections, 
sentences,  clauses  or 'phrases  be  declared  unconstitutional  or  its  opera- 
tion or  application  is  or  may  be  limited  or  controlled  by  any  constitu- 
tional provision. 

TITLE  50. 

BENEFIT  SOCIETIES. 
ACT  313. 

An  act  for  the  regulation  and  control  of  fraternal  benefit  societies. 

[Approved  May  1,  1911.     Stats.  1911,  p.  1320.] 

Amended  1915,  p.  1273;  1917,  pp.  164,  785,  1651. 
The  amendments  of  1917  follow: 

§  6.     Beneficiaries.     Beneficiaries   of   fraternal   benefit   societies.     The 

payment  of  death  benefits  shall  be  confined  to  wife,  husband,  relative  by 
blood  to  the  fourth  degree,  father-in-law,  mother-in-law,  son-in-law, 
daughter-in-law,  stepfather,  stepmother,  stepchildren,  children  by  legal 
adoption,  or  to  a  person  or  persons  dependent  upon  the  member;  pro- 
vided, that  if  there  is  not  living  any  person  above  designated,  the  mem- 
ber may  designate  any  friend  as  his  beneficiary,  or  may  direct  that  said 
benefit  be  paid  to  his  estate;  provided,  further,  that  if  after  the  issuance 
of  the  original  certificate  the  member  shall  become  dependent  upon  an 
incorporated  charitable  institution,  he  shall  have  the  privilege,  with  the 
consent  of  the  society,  to  make  such  institution  his  beneficiary.  Within 
the  above  restrictions  each  member  shall  have  the  right  to  designate  his 
beneficiary,  and,  from  time  to  time,  have  the  same  changed  in  accord- 
38 


Act  313,  §§  23a,  23b  general  laws.  594 

ance  with  the  laws,  rules  or  regulations  of  the  society,  and  no  beneficiary 
shall  have  or  obtain  any  vested  interest  in  the  said  benefit  until  the 
same  has  become  due  and  payable  upon  the  death  of  said  member;  pro- 
vided, that  any  society  may,  by  its  laws,  limit  the  scope  of  beneficiaries 
within  the  above  classes.  [Amendment  approved  May  21,  1917;  Stats. 
1917,  p.  785.] 

§  23a.  Provisions  to  insure  future  security.  If  the  valuation  of  the 
certificates,  as  hereinbefore  provided,  on  December  31,  1917,  shall  show 
that  the  present  value  of  future  net  contributions,  together  with  the 
admitted  assets,  is  less  than  the  present  value  of  the  promised  benefits 
and  accrued  liabilities,  such  society  shall  thereafter  at  least  maintain 
said  financial  condition  at  each  succeeding  triennial  valuation  in  respect 
of  the  degree  of  deficiency  as  shown  in  the  valuation  as  of  December  31, 
1917.  If  at  any  succeeding  triennial  valuation  such  society  does  not 
show  at  least  the  same  condition,  the  insurance  commissioner  shall  direct 
that  it  thereafter  comply  with  the  requirements  herein  specified.  If  the 
next  succeeding  triennial  valuation  after  the  receipt  of  such  notice  shall 
show  that  the  society  has  failed  to  maintain  the  condition  required 
herein,  the  insurance  commissioner  may,  in  the  absence  of  good  cause 
shown  for  such  failure,  institute  proceedings  for  the  dissolution  of  such 
society,  in  accordance  with  the  provision  of  section  twenty-four  of  this 
act,  or  in  the  case  of  a  foreign  society,  its  license  may  be  cancelled  in 
the  manner  provided  in  this  act. 

Any  such  society,  shown  by  any  triennial  valuation,  subsequent  to 
December  31,  1917,  not  to  have  maintained  the-  condition  herein  re- 
quired, shall,  within  two  years  thereafter,  make  such  improvement  as 
to  show  a  percentage  of  deficiency  not  greater  than  as  of  December  31, 
1917,  or  thereafter,  as  to  all  new  members  admitted,  be  subject,  so  far  as 
stated  rates  of  contributions  are  concerned,  to  the  provisions  of  section 
twelve  of  this  act,  applicable  in  the  organization  of  new  societies;  pro- 
vided, that  the  net  mortuary  or  beneficiary  contributions  and  funds  of 
such  new  members  shall  be  kept  separate  and  apart  from  the  other 
funds  of  the  society.  If  such  required  improvement  is  not  shown  by  the 
succeeding  triennial  valuation,  then  the  said  new  members  may  be  placed 
in  a  separate  class  and  their  certificates  valued  as  an  independent 
society  in  respect  of  contributions  and  funds.  [Amendment  approved 
April  24,  1917;  Stats.  1917,  p.  164.} 

§  23b.  Value  of  certificates  on  "accumulation  basis."  Value  of  cer- 
tificate on  "tabular  basis."  Table  of  rates  and  credits.  In  lieu  of  the 
requirements  of  sections  twenty-three  and  twenty-three  a,  any  society 
accepting  in  its  laws  the  provisions  of  this  section  may  value  its  cer- 
tificates on  a  basis,  herein  designated  "accumulation  basis,"  by  crediting 
each  member  with  the  net  amount  contributed  for  each  year  and  with 
interest  at  approximately  the  net  rate  earned  and  by  charging  him  with 
his  share  of  the  losses  for  each  year,  herein  designated  "cost  of  insur- 
ance" and  carrying  the  balance,  if  any,  to  his  credit.  The  charge  for 
the  cost  of  insurance  may  be  according  to  the  actual  experience  of  the 
society  applied  to  a  table  of  mortality  recognized  by  the  law  of  this 
state,  and  shall  take  into  consideration  the  amount  at  risk  during  each 


595  BENEFIT  SOCIETIES.  Act  313,  §  23b 

year,  which  shall  be  the  amouut  payable  at  death  less  the  credit  to  the 
member.  Except  as  specifically  provided  in  its  articles  or  laws  or  con- 
tracts no  charge  shall  be  carried  forward  from  the  first  valuation  here- 
under against  any  member  for  any  past  share  of  losses  exceeding  the 
contributions  and  credit.  If,  after  the  first  valuation,  any  member's 
share  of  losses  for  any  year  exceeds  his  credit  including  the  contribution 
for  the  year,  the  contribution  shall  be  increased  to  cover  his  share  of 
the  losses,  and  if  the  credit  at  the  time  any  benefit  becomes  payable 
during  the  lifetime  of  the  member,  including  any  available  funds  does 
not  equal  such  benefit,  the  contributions  to  be  made  by  him  or  on  his 
behalf  shall  be  increased  by  the  difference.  Any  such  excess  shave  of 
losses  chargeable  to  any  member  may  be  paid  out  of  a  fund  or  contribu- 
tions especially  created  or  required  for  such  purpose. 

Any  member  may  transfer  to  any  plan  adopted  by  the  society  with 
net  rates  on  which  tabular  reserves  are  maintained  and  on  such  transfer 
shall  be  entitled  to  make  such  application  of  his  credit  as  provided  in 
the  laws  of  the  society. 

Certificates  issued,  rerated  or  readjusted  on  a  basis  providing  for  ade- 
quate rates  with  adequate  reserves  to  mature  such  certificates  upon 
assumptions  for  mortality  and  interest  recognized  by  the  law  of  this 
state  shall  be  valued  on  such  basis,  herein  designated  the  "tabular  basis"; 
provided,  that  if  on  the  first  valuation  under  this  section  a  deficiency  in 
reserve  shall  be  shown  for  any  such  certificate,  the  same  shall  be  valued 
on  the  accumulation  basis. 

"Whenever  in  any  society  having  members  upon  the  tabular  basis  and 
upon  the  accumulation  basis,  the  total  of  all  costs  of  insurance  provided 
for  any  year  shall  be  insufficient  to  meet  the  actual  death  and  disability 
losses  for  the  year,  the  deficiency  shall  be  met  for  the  year  from  the 
available  funds  after  setting  aside  all  credits  in  the  reserve;  or  from 
increased  contributions  or  by  an  increase  in  the  number  of  assessments 
applied  to  the  society  as  a  whole  or  to  classes  of  members  as  may  be 
specified  in  its  laws.  Savings  from  a  lower  amount  of  death  losses  may 
be  returned  in  like  manner  as  may  be  sj^ecified  in  its  laws. 

If  the  laws  of  the  society  so  provide,  the  assets  representing  the 
reserves  of  any  separate  class  of  members  may  be  carried  separately 
for  such  class  as  if  an  independent  society,  and  the  required  reserve 
accumulation  of  such  class  so  set  ap^rt  shall  not  thereafter  be  mingled 
with  the  assets  of  other  classes  of  the  society. 

A  table  showing  the  rates  being  paid  by  and  the  credits  to  individual 
members  at  each  age  and  year  of  entry,  and  showing  opposite  each  credit 
the  tabular  rates  and  the  tabular  reserve  required,  or  at  the  option  of 
the  society  the  required  reserve  on  a  level  rate  equivalent  to  that  being 
paid,  according  to  assumptions  for  mortality  and  interest  recognized  by 
the  laws  of  this  state  and  adopted  by  the  society,  and,  in  either  case, 
including  any  benefit  payable  at  a  specified  age  or  on  account  of  old  age 
disability  shall  be  filed  by  the  society  with  each  annual  report  and  also 
be  furnished  to  each  member  before  July  first  of  each  year. 

In  lieu  of  the  aforesaid  statement  there  may  be  furnished  to  each  mem- 
ber within  the  same  time  a  statement  giving  the  data  aforesaid  for  such 
member.  No  table  or  statement  need  be  made  or  furnished  when  the 
reserves  are  maintained  on  the  tabular  basis. 


Act  316,  §  1  GENERAL   LAWS.  59G 

For  this  purpose,  individual  bookkeeping  accounts  for  eacli  member 
shall  not  be  required  and  all  calculations  may  be  made  by  actuarial 
methods. 

Nothing  herein  contained  shall  prevent  the  maintenance  of  such  sur- 
plus over  and  above  the  credits  on  the  accumulation  basis  and  the  re- 
serves on  the  tabular  basis  as  the  society  may  provide  by  or  pursuant  to 
its  laws;  nor  be  construed  as  giving  to  the  individual  member  any  right 
or  claim  to  any  sucli  reserve  or  credit  other  than  in  manner  as  expressed 
in  the  contract  and  its  laws;  nor  as  making  any  such  reserve  or  credits 
a  liability  in  determining  the  legal  solvency  of  the  society.  [New  sec- 
tion added  April  24,  1917;  Stats.  1917,  p.  164.] 

§  31a,  Penalty  for  officer,  etc.,  borrowing  funds.  Any  officer,  director, 
agent  or  employee  of  any  fraternal  benefit  society  who  shall  directly  or 
indirectly  for  himself  or  as  partner  or  agent  of  others  borrow  any  of 
the  funds  of  such  society  or  become  indorser  or  surety  for  loans  to  others 
or  in  any  manner  be  obligor  for  moneys  borrowed  or  loaned  by  such 
society  shall  be  guilty  of  a  felony.  [New  section  added  June  1,  1917; 
Stats.  1917,  p.  1651.]  ' 

§  31b.  Penalty  for  officer,  etc.,  receiving  reward  for  aiding  loan.  Any 
officer,  trustee,  agent  or  emjiloj'ee  of  a  fraternal  benefit  society  who  asks 
or  receives  or  consents  or  agrees  to  receive  any  commission,  emolument, 
gratuity  or  reward  or  any  money,  property  or  thing  of  value  for  his  own 
personal  benefit,  or  of  personal  advantage,  for  procuring  or  endeavoring 
to  procure  for  any  person,  tirm  or  corporation  any  loans  from  the  trust 
funds  of,  or  funds  belonging  to,  a  fraternal  benefit  society  shall  be 
guilty  of  a  felony.  [New  section  added  June  1,  1917;  Stats.  1917, 
p.  1651.] 

ACT  316. 

An   act    to   provide    whole    family   protection   for   members    of   fraternal 

benefit  societies. 

[Approved  April  20,  1917.     Stats.  3917,  p.  144.     In  effect  July  27,  1917.] 

§  1.  Fraternal  benefit  society  may  insure  children.  Total  benefits 
payable.  Any  fraternal  benefit  society  authorized  to  do  business  in  this 
state  and  operating  on  the  lodge  plan,  may  provide  in  its  constitution 
and  by-laws,  in  addition  to  other  benefits  provided  for  therein,  for  the 
payment  of  death  or  annuity  benefits  upon  the  lives  of  children  between 
the  ages  of  two  and  eighteen  years  at  next  birthday,  for  whose  support 
and  maintenance  a  member  of  such  society  is  responsible.  Any  such 
society  may  at  its  option,  organize  and  operate  branches  for  such  chil- 
dren and  membership  in  local  lodges  and  initiation  therein  shall  not  be 
required  of  .such  children,  nor  shall  they  have  any  voice  in  the  manage- 
ment of  the  society.  The  total  benefits  payable  as  above  provided  shall 
in  IK)  case  exceed  the  following  amounts  at  ages  at  next  birthday  at 
time  of  deatii,  icsiiccti veiy,  as  follows:  Two,  thirty-four  dollars;  three, 
forty  dollars;  four,  forty-eight  dollars;  five,  fifty-eight  dollars;  six,  one 
huiidrcil  forty  dulhirs;  sovoii,  one  hniidrod  sixty-eight  dollars;  eight, 
two  hiindrrd   dollars;   nlnf,  twd  limidrcd    forty  dollars;  ten,  three  hundred 


597  BENEFIT  SOCIETIES.  Act  316,  §§2-4 

dollars;  eleven,  three  luiiulred  eighty  dollars;  twelve,  four  hundred  sixty- 
dollars;  thirteen  to  fifteen,  five  hundred  twenty  dollars;  and  sixteen  to 
eighteen  years,  where  not  otherwise  authorized  by  law,  six  hundred 
dollars. 

§2.  Conditions  of  benefit  certificate.  No  benefit  certificate  as  to  any 
child  shall  take  effect  until  after  medical  examination  or  inspection  by  a 
licensed  medical  practitioner,  in  accordance  with  the  laws  of  the  society, 
nor  shall  any  such  benefit  certificate  be  issued  unless  the  society  shall 
simultaneously  put  in  force  at  least  five  hundred  such  certificates,  on 
each  of  which  at  least  one  assessment  has  been  paid,  nor  where  the 
number  of  lives  represented  by  such  certificate  falls  below  five  hundred. 
The  death  benefit  contributions  to  be  made  upon  such  certificate  shall 
be  based  upon  the  "standard  industrial  mortalt_y  table"  or  the  "English 
life  table  number  six"  and  a  rate  of  interest  not  greater  than  four  per 
cent  per  annum,  or  upon  a  higher  standard;  provided,  that  contributions 
may  be  waived  or  returus  may  be  made  from  any  surjilus  held  in  excess 
of  reserve  and  other  liabilities,  as  provided  in  the  by-laws;  and  provided, 
further,  that  extra  contributions  shall  be  made  if  the  reserves  hereafter 
provided  for  become  impaired. 

§  3.  Reserve  required.  Any  society  entering  into  such  insurance 
agreements  shall  maintain  on  all  such  contracts  the  reserve  required 
by  the  standard  of  mortality  and  interest  adopted  by  the  society  for 
computing  contributions  as  provided  in  section  two,  and  the  funds  rep- 
resenting the  benefit  contributions  and  all  accretions  thereon  shall  be 
kept  as  separate  and  distinct  funds,  independent  of  the  other  funds  of 
the  society,  and  shall  not  be  liable  for  nor  used  for  the  payment  of  the 
debts  and  obligations  of  the  society  other  than  the  benefits  herein  au- 
thorized; provided,  that  a  society  may  provide  that  when  a  child  reaches 
the  minimum  age  for  initiation  into  membership  in  such  society,  any 
benefit  certificate  issued  hereunder  may  be  surrendered  for  cancellation 
and  exchanged  for  any  other  form  of  certificate  issued  by  the  society, 
provided  that  such  surrender  will  not  reduce  the  number  of  lives  insured 
in  the  branch  below  five  hundred,  and  upon  the  issuance  of  such  new 
certificate  any  reserve  upon  the  original  certificate  herein  provided  for 
shall  be  transferred  to  the  credit  of  the  new  cei-tificate.  Neither  the 
person  who  originally  made  application  for  benefits  on  account  of  such 
child,  nor  the  beneficiary  named  in  such  original  certificate,  nor  the  per- 
son who  paid  the  contributions,  shall  have  any  vested  right  in  such 
new  certificate,  the  free  nomination  of  a  beneficiary  under  the  new 
certificate  being  left  to  the  child  so  admitted  to  benefit  membership. 

§  4.  Separate  financial  statement.  An  entirely  separate  financial 
statement  of  the  business  transactions  and  of  assets  and  liabilities  ris- 
ing therefrom  shall  be  made  in  its  annual  report  to  the  insurance  com- 
missioner by  any  society  availing  itself  of  the  provisions  hereof.  The 
separation  of  assets,  funds  and  liabilities  required  hereby  shall  not  be 
terminated,  rescinded  or  modified,  nor  shall  the  funds  be  diverted  for 
any  use  other  than  as  specified  in  section  three,  as  long  as  any  certificates 
issued  hereunder  remain  in  force,  and  this   requirement   shall  be  recog- 


Acts  332-356,  §  1  general  laws.  598 

nized    and    enforced    in    any    liquidation,    reinsurance,    merger    or    other 
change  in  tlie  condition  of  the  status  of  the  society. 

§  5.  Specified  payments.  Any  society  shall  have  the  right  to  provide 
in  its  laws  and  the  certificate  issued  hereunder  for  specified  payments 
on  account  of  the  expense  or  general  fund,  which  payments  shall  or  shall 
not  be  mingled  with  the  general  fund  of  the  society  as  its  constitution 
and  by-laws  may  provide. 

§  6.  Continuation  of  certificate.  In  the  event  of  the  termination  of 
membership  in  the  society  by  the  person  responsible  for  the  support  of 
any  child,  on  whose  account  a  certificate  may  have  been  issued,  as  pro- 
vided herein,  the  certificate  may  be  continued  for  the  benefit  of  the 
estate  of  the  child,  provided  the  contributions  are  continued,  or  for  the 
benefit  of  any  other  person  responsible  for  the  support  and  maintenance 
of  such  child,  who  shall  assume  the  payment  of  the  required  contri- 
butions. 

TITLE   53. 

BERKELEY. 
ACT  332. 

Charter  of.      [Stats.   1909,  p.   1208.] 
Amended  1913;  States  1913,  p.  1502;  1917,  p.  1814. 

ACT  334. 

An  act  granting  to  the  city  of  Berkeley  the  salt-marsh,  tide  and  sub- 
merged lands  of  the  state  of  California,  including  the  right  to  wharf 
out  therefrom  to  the  city  of  Berkeley,  and  regulating  the  manage- 
ment, use  and  control  thereof.  [Approved  June  11,  1913.  Stats. 
1913,  p.  705.] 

Amended  1915,  p.  901;   1917,  p.  915. 
The  amendment  of  1917  follows: 

§2.     Issuance    of    $100,000    in    bonds    before    five    years.     [Repealed 
May  24,  1917;  Stats.  1917,  p.  915.] 

TITLE  58a, 
BOARD   OF   CONTROL. 
ACT  356. 

All  ad   to  authorize  the  state  board  of  control  to  sell  certain  lands. 
I  Approved  June  1,  1917.     Stats.  1917,  p.  1634.] 

§  1.  Authority  to  sell  certain  lands.  Tlie  state  board  of  control  is 
hereby  authorized  and  empowered  to  sell  in  such  manner  and  method 
and  at  such  time  as  said  board  may  deem  best  all  or  part  of  that  cer- 
tain property  situated  in  the  couiily  of  S;ui  .Joaquin,  state  of  California, 
and  described  as  follows,  to  wit: 

A  porfinii  of  the  east  one-half  of  section  eighteen  of  C.  M.  Weber's 
Grant  El  I;;iimIi()  Del  C.  de  Los  Franceses,  and  being  the  south  fifteen 
acres  of  the  following  described  piece  of  land:  Commencing  for  the  same 
at  a  stake  situated  at  the  southwest  corner  of  the  Maxwell  tract,  and 
niiiniiig    1henc((    along    Betts    west    line    south    sixteen    degrees,    fifty-five 


599  BONDS.  Act  387a,  §  1 

minutes  east,  thirty-four  and  fifty  one-bundredths  chains  to  a  stake; 
thence  south  seventy-three  degrees  five  hundredths  minutes  west,  eight 
and  sixty-two  and  one-half  one-hundredths  chains  to  a  point  in  the 
center  line  of  a  proposed  road,  said  center  line  of  said  road  being  the 
easterly  line  of  land  now  owned  by  Edw.  Floyd  Jones;  thence  along  said 
easterly  line  of  said  land  of  said  Edw.  Floyd  Jones  north  sixteen  degrees 
and  fifty-five  minutes  west,  thirty-four  and  fifty  hundredths  chains  to  a 
point  in  Gray  south  line;  thence  along  said  Gray  south  line  north  sev- 
enty degrees  and  fifty-one  minutes  east  eight  and  sixty-two  and  one-half 
one-hundredths  chains  to  the  point  of  beginning,  containing  thirty  acres, 
more  or  less.  Also  an  undivided  one-half  interest  in  the  right  of  way 
granted  by  A.  McCloud  to  Samuel  Hewlett  by  deed  dated  the  eleventh 
day  of  October,  eighteen  hundred  sixty-nine. 

§  2.  Expenses.  The  state  board  of  control  is  hereby  authorized  to 
pay,  out  of  the  proceeds  of  said  sale,  the  expenses  necessarily  incurred* 
by  said  board  in  making  such  sale;  which  said  proceeds,  less  the  ex- 
penses so  paid,  shall  be  duly  transferred  by  said  board  to  the  state 
treasurer. 

§  3.  Deed.  The  governor  is  hereby  authorized  and  directed  to  execute 
to  the  purchaser  or  purchasers  of  said  property  for  and  on  behalf  of 
and  in  the  name  of  the  state  of  California,  a  deed  of  conveyance  of 
said  property  in  the  usual  form  of  grant,  bargain  and  sale  and  to  de- 
liver the  same  upon  the  payment  of  the  full  amount  of  the  purchase 
price  of  said  property;  and  said  deed  shall  be  effectual  to  pass  and  con- 
vey to  said  purchaser  or  purchasers  all  of  the  right,  title,  interest  and 
estate  of  the  state  of  California  in  and  to  said  property. 

TITLE  61. 

BONDS. 
ACT  387a. 

An  act  making  bonds  of  municipal  water  districts  legal  investments  for 

certain  purposes. 

[Approved  April  20,  1917.     Stats.  1917,  p.  158.     In  effect  July  27,  1917.] 

§  1.  Municipal  water  district  bond;  legal  investments.  All  bonds 
heretofore  or  hereafter  issued  by  any  municipal  water  district  under 
and  in  pursuance  of  the  provisions  of  an  act  entitled  "An  act  to  provide 
for  the  incorporation  and  organization  and  management  of  municipal 
water  districts,  and  to  provide  for  the  acquisition  or  construction  by 
said  districts- of  waterworks,  and  for  the  acquisition  of  all  property 
necessary  therefor,  and  also  to  provide  for  the  distribution  and  sale  of 
water  by  said  districts,"  approved  May  1,  1911,  as  subsequently  amended, 
shall  be  legal  investments  for  all  trust  funds,  and  for  the  funds  of  all 
insurance  companies,  banks,  both  commercial  and  savings  and  trust  com- 
panies, and  for  the  state  school  funds,  and  whenever  any  moneys  or 
funds  may,  by  law  now  or  hereafter  enacted,  be  invested  in  bonds  of 
cities,  cities  and  counties,  counties,  school  districts,  or  municipalities  in 
the   state   of   California,  such   moneys   or  funds  may  be  invested   in   the 


Aet389a,  §§  1, 2  general  laws.  600 

said  bonds  of  municipal  water  districts;  provided,  however,  no  bank 
shall  invest  or  loan  more  than  five  per  centum  of  its  assets  on  any  one 
such  bond  issue. 

§  2.  Construction  of  act.  This  act  is  intended  to  be,  and  shall  be 
considered,  the  latest  enactment  upon  the  matters  herein  contained,  and 
is  supi^lemental  to  any  and  all  other  acts  regulating,  relating  to  and  de- 
claring what  shall  be,  legal  investments. 

ACT  389a. 

An  act  to  legalize  bonds  heretofore  issued  and  sold,  or  to  be  issued  and 
sold,  by  municijialities  where  authority  for  such  issuance  has  already 
been  given  by  a  vote  of  not  less  than  two-thirds  of  the  electors  of 
such  municipality  voting  upon  the  question  of  incurring  such 
indebtedness. 

'[Approved  April  19,  1917.     Stats.  1917,  p.  143.     In  effect  July  27,  1917.] 

§  1.     Municipal  bonds  authorized  by  vote  of  electors  legalized.     In  all 

cases  where  the  legislative  branch  of  any  municipality  in  the  state  of 
California  has  deemed  it  necessary  to  incur  any  indebtedness  in  excess  of 
the  money  in  the  treasury  applicable  to  the  purpose  for  which  said  in- 
debtedness is  to  be  incurred,  and  has  called  a  special  election  for  the 
purpose  of  submitting  to  the  qualified  electors  of  such  municipality  the 
question  whether  the  indebtedness  specified  in  the  resolution  or  ordinance 
calling  such  election  shall  be  incurred,  and  where  at  such  election  not  less 
than  two-thirds  of  all  the  qualified  electors  voting  at  such  election  shall 
have  voted  in  favor  of  incurring  such  indebtedness,  and  such  legislative 
branch  of  such  municipality  shall  have  passed  an  ordinance  or  resolution 
jiroviding  for  the  mode  of  creating  such  indebtedness  and  of  paying 
the  same,  and  the  mode  of  creating  such  indebtedness  has  been  by  the 
proposed  issuance  of  the  bonds  of  such  municipality,  the  power  of  such 
municipality  to  issue  such  bonds  and  all  the  acts  and  proceedings  of 
such  municipality  leading  up  to  and  including  the  issuance  and  sale  or 
the  proposed  issuance  and  sale  of  such  bonds,  are  hereby  legalized, 
ratified,  confirmed  and  declared  valid  to  all  intents  and  purposes;  and 
all  such  bonds,  sold  either  before  or  after  the  passage  of  this  act  for  not 
less  than  their  par  value  are  hereby  legalized  and  declared  to  be  legal 
and  valid  obligations  of  and  against  such  municipality  so  issuing  and 
selling  the  same,  and  the  faith  and  credit  of  such  municipality  is  hereby 
pledged  for  the  prompt  payment  and  redemption  of  the  principal  and 
interest  of  said  bonds. 

§2.  Exception.  This  act  sliall  not  operate  to  legalize  any  bonds  of 
any  municipality  that  have  not,  at  the  time  of  the  passage  of  this  act, 
been  authorized  by  the  vote  of  not  less  than  two-thirds  of  the  qualified 
electors  of  such  municipality  voting  at  any  such  election,  or  any  bonds 
which  have  been  sold  for  less  than  their  par  value. 


601  BUILDING  AND  LOAN  ASSOCIATIONS.      Act  428,  §§  2-15a 

TITLE  69. 

BUILDING  AND  LOAN  ASSOCIATIONS. 
ACT  428. 

Building  and  loan  commission  aft. 

■     [Approved   April   o,   1911.     Stats.   1911,   p.   007.  | 
Amended  1911  (Ex.  Sess.),  p.  6,  1915,  pp.  238,  992;  1917,  pp.  426,  91S. 
The  amendments  of  1917  follow: 

§  2.  Building  and  loan  commissioner.  Secretary.  The  administration 
of  said  bureau  shall  be  vested  in  a  conunissioner,  to  be  known  and  desig- 
nated as  the  "building  and  loan  commissioner,"  who  shall  be  appointed  by 
the  governor  and  commissioned  to  hold  oflSce  at  the  pleasure  of  the  gov- 
ernor. He  must  be  a  citizen  of  this  state;  and  he  must  not  be  in  any 
way  connected  with  any  association,  corporation  or  society  coming  under 
his  supervision.  He  shall  appoint  a  secretary,  who  shall,  ex  efl&eio,  also 
be  a  deputy  commissioner  with  full  powers  as  such,  and  who  must  be  a 
practical,  skilled  accountant,  fully  conversant  with  building  and  loan 
systems  and  accounts;  he  shall  also  appoint  one  deputy  who  shall  be 
an  accountant.    [Amendment  approved  May  24,  1917;  Stats.  1917,  p.  918.] 

§3.  Salaries.  Office  in  San  Francisco,  The  commissioner  shall  re- 
ceive a  salary  of  three  thousand  six  hundred  dollars  per  annum,  the 
secretary  shall  receive  a  salary  of  two  thousand  four  hundred  dollars 
per  annum,  and  the  deputy  one  thousand  eight  hundred  dollars  per  an- 
num, and  such  salaries  shall  be  in  full  for  all  services  rendered.  There 
shall  also  be  allowed  and  paid  the  necessary  traveling  expenses  of  the 
commissioner  and  the  secretary,  incurred  while  traveling  in  the  line  of 
their  duties,  not  to  exceed  the  sum  of  one  thousand  two  hundred  dollars 
per  annum.  The  commissioner  shall  procure  and  have  an  office  in  the 
city  of  San  Francisco,  which  office  shall  be  kept  open  for  business  every 
business  day,  during  such  hours  as  are  commonly  observed  by  the  banks 
of  that  city  as  banking  hours.  For  such  office  there  shall  be  allowed 
and  paid  a  total  rental  of  not  exceeding  seventy-five  dollars  per  month. 
Said  commissioner  may  also  provide  such  fuel,  stationery,  printing^ 
postage,  office  help  and  other  necessary  conveniences  as  may  be  requisite 
in  such  office,  at  a  cost  not  to  exceed  in  the  aggregate  t,he  sum  of  one 
thousand  six  hundred  dollars  per  annum.  All  said  salaries  and  expenses 
shall  be  audited  and  paid  in  the  same  manner  as  the  salaries  and  ex- 
penses of  other  state  officers.  [Amendment  approved  May  24,  1917; 
Stats.  1917,  p.  919.] 

§  15a.  License  to  act  as  agent  for  sale  of  stock,  etc.  List  of  persons 
holding  licenses.  No  person  receiving  compensation  therefor,  other  than 
an  officer,  director  or  salaried  employee,  no  part  of  whose  compensation 
consists  of  commissions,  or  other  than  a  local  resident  agent  who  has 
resided  in  the  county  in  which  he  holds  such  local  agency  for  a  period 
of  not  less  than  one  year  prior  to  the  time  that  he  took  such  agency,  of  a 
building  and  loan  association  or  other  similar  corporation  or  society 
which  is  duly  licensed  by  the  commissioner,  shall  act  as  solicitor  or 
agent  for  the  sale  of  the  shares  of  stock,  shares  of  membership,  certifi- 


Act  431  GENERAL   LAWB.  602 

cates  or  other  securities  or  forms  of  investment  issued  by,  or  for  the 
securing  of  loans  from,  any  such  association,  corporation  or  society 
until  he  has  first  procured  from  the  commissioner  a  license  therefor. 
To  obtain  such  license  there  must  be  filed  with  the  commissioner  a 
duplicate  of  the  authorization  or  appointment  issued  to  him  by,  together 
with  a  request  from,  a  licensed  association,  corporation  or  society  that 
a  license  be  issued  to  him  to  act  as  an  agent  or  solicitor  for  it,  and 
accompanied  by  a  fee  of  one  dollar.  All  such  licenses  shall  expire 
by  limitation  on  the  thirtieth  day  of  June  succeeding  their  issue,  but 
may  be  renewed  from  time  to  time,  for  an  additional  period  of  one  year 
upon  a  request  therefor  from  the  association,  corporation  or  society 
originally  applying,  and  payment  of  a  renewal  fee  of  one  dollar.  Any 
such  license  may  be  revoked  at  any  time  on  the  application  of  the  as- 
sociation, corporatiou  or  society  for  whom  it  was  issued,  or  may  be  re- 
voked by  the  commissioner  for  cause. 

The  commissioner  shall  keep  an  alphabetical  list  of  the  names  of  per- 
sons to  whom  such  licenses  are  issued  with  the  date  of  issue  and  renewal, 
and  the  name  of  the  association,  corporation  or  society  for  whom  such 
licensee  is  authorized  to  act.  All  such  licenses  shall  be  issued  under 
rules  and  regulations  to  be  prescribed  by  the  commissioner.  [New  sec- 
tion added  May  24,  1917;  Stats.  1917,  p."^919.] 

§  17.     Suit  to  collect  assessments.     Building  and  loan  inspection  fund- 

The  collection  of  all  moneys  assessed,  as  herein  provided,  for  the  pay- 
ment of  salaries  and  annual  expenses,  or  forfeitable  as  fines  for  failure 
to  make  payments  of  assessments,  procure  licenses,  or  make  and  file 
reports  as  herein  specified,  and  due  from  any  such  association,  corpora- 
tion or  society  coming  within  the  provisions  of  this  act,  or  imposed  as 
a  penalty  for  violation  of  any  order  or  summons,  may  be  enforced  by 
the  commissioner  by  action  instituted  in  any  court  of  competent  juris- 
diction; and  all  moneys  collected  or  received  by  the  commissioner  under 
this  act,  shall  be  deposited  with  the  state  treasurer,  to  be  credited  to 
a  fund  to  be  known  and  designated  as  the  "building  and  loan  inspection 
fund";  which  said  fund  shall  only  be  used  in  defraying  the  salaries 
and  expenses  provided  for  by  this  act;  provided,  however,  that  the  com- 
missioner may  retain  in  his  possession  and  under  his  control  a  sum 
not  exceeding  three  hundred  dollars  to  be  used  for  the  benefit  of  his 
office,  as  a  revolving  fund,  for  making  advance  payment  of  office  rent 
and  office  expenses  prior  to  the  presentation  and  allowance  of  the  periodi- 
cal  claims   therefor.      [.'\iiicii(hiieii1    uiiproved    Mav    11,    1917;    Stats.   1917, 

p.  rii>:\ 

TITLE  69a. 
BUILDINGS. 

ACT   131. 

All    at't   to    jirovide    for    llic    cslalilisliment    within    muiiicipnlitios    of   dis- 
tricts or  zones  witliin   uliidi  the  use  of  property,  liciglit    of  improve- 


(J03  BUILDINGS.  Act  431,  §§1-3 

merits   and   requisite   open   spaces   for   light   and    ventilation   of   such 
buildings,   may   be  regulated  by  ordinance. 

[Approved  May  31,  1917.     ytats.  1917,  p.  1419.     In  effect  July  30,  1917.] 

§  1.  Cities  may  create  districts  with  which  buildings  and  trades 
regulated.  For  the  public  interest,  health,  comfort,  convenience,  preser- 
vation of  the  public  peace,  safety,  morals,  order  and  the  public  welfare, 
the  city  council,  board  of  trustees  or  other  legislative  body  of  any  in- 
corporated city  and  town  of  California,  hereinafter  referred  to  as  the 
council,  may  by  ordinance  create  or  divide  the  city  in  to  districts  within 
some  of  which  it  shall  be  lawful  and  within  others  of  which  it  shall 
be  unlawful  to  erect,  construct,  alter  or  maintain  certain  buildings,  or 
to  carry  on  certain  trades  or  callings  or  within  which  the  height  and 
bulk  of  future  buildings  shall  be  limited. 

§  2.  Restriction  on  location  of  industries,  etc.  The  council  may  by 
ordinance  regulate,  restrict  and  segregate  the  location  of  industries,  the 
several  classes  of  business,  trades  or  callings,  the  location  of  apartment 
or  tenement  houses,  club  houses,  group  residences,  two-family  dwellings, 
single  family  dwellings  and  the  several  classes  of  public  and  semi-public 
buildings,  and  the  location  of  buildings  or  property  designed  for  specified 
uses,  and  may  divide  the  city  into  districts  of  such  number,  shape  and 
area  as  the  council  may  deem  best  suited  to  carry  out  the  purposes  of 
this  act,  subject  to  the  provisions  of  section  four  hereof.  For  each 
such  district  regulations  may  be  imposed  designating  the  class  of  use 
that  shall  be  excluded  or  subjected  to  special  regulations  and  desig- 
nating the  uses  for  which  buildings  may  not  be  erected  or  altered,  or 
designating  the  class  of  use  which  only  shall  be  permitted.  Such  regu- 
lations shall  be  designed  to  promote  the  public  health,  safety  and  general 
welfare.  The  council  shall  give  reasonable  consideration,  among  other 
things,  to  the  character  of  the  district,  its  peculiar  suitability  for  par- 
ticular uses,  the  conservation  of  property  values  and  the  direction  of 
building  development  in  accord  with  a  well-consiilered  plan. 

§  3.  Regulations  of  height  of  buildings.  Area  of  courts,  etc.  Uni- 
form throughout  district.  The  council  may  place  reasonable  regulations 
and  limitations  upon  the  height  and  bulk  of  buildings  hereafter  erected 
and  regulate  and  determine  the  area  of  yards,  courts  and  other  open 
spaces,  having  due  regard  to  the  nature  of  the  use  and  occupancy  in 
such  case.  The  council  may  divide  the  city  into  districts  of  such  num- 
ber, shape  and  area  as  the  council  may  deem  best  suited  to  carry  out 
the  purpose  of  this  act,  subject  to  the  provisions  of  section  four  hereof. 
The  regulations  as  to  the  height  and  bulk  of  buildings  and  the  area  of 
yards,  courts  and  other  open  spaces  shall  be  uniform  for  each  class  of 
building  throughout  each  district.  The  regulations  in  one  or  more  dis- 
tricts may  dift'er  from  those  in  other  districts.  Such  regulations  shall 
be  designed  to  secure  safety  from  fire  and  other  dangers  and  to  promote 
the  public  health  and  welfare,  and  to  secure  provisioh  for  adequate  light, 
air  and  reasonable  access.  The  council  shall  pay  reasonable  regard  to 
the  character  of  buildings  now  erected  in  each  district,  the  value  of  the 


Act  431a,  §  1  GENERAL    LAWS.  604 

land,  and  the  use  to  wliieli  it  may  be  put  to  the  end  that  such  regulations 
may  promote  public  health,  safety  and  welfare. 

§  4.  Cities  with  planning  commmission.  Hearing.  In  municipalities 
having  a  city  planning  commission  the  council  shall  require  such  commis- 
sion to  recommend  the  boundaries  of  such  districts  and  appropriate  regula- 
tions and  restrictions  to  be  enforced  therein.  Such  commission  shall 
make  a  tentative  report  and  hold  public  hearings  thereon  at  such  times 
and  places  as  said  council  shall  require  before  submitting  its  final  report. 
Said  council  shall  not  hereafter  determine  the  boundaries  of  any  district 
or  impose  any  regulations  until  after  the  final  report  of  the  city  plan- 
ning commission  is  filed  with  the  city  clerk.  Upon  receiving  such  final 
report  said  council  shall  afford  persons  particularly  interested,  and  the 
general  public,  an  opportunity  to  be  heard,  at  a  time  and  place  to  be 
specified  in  a  notice  of  hearing  to  be  published  in  a  newspaper  to  be 
designated  for  that  purpose.  Said  newspaper  to  be  a  local  newspaper, 
if  there  be  one,  otherwise  a  newspaper  of  general  circulation  within  the 
municipality,  and  to  be  published  not  less  than  three  times  in  any  daily, 
or  not  less  than  once  in  any  other  newspaper  of  general  circulation 
within  the  municipality,  and,  within  the  week  within  which  said  meet- 
ing is  to  be  held. 

§  5.  Cities  without  planning  commission.  In  municipalities  where 
there  is  no  city  planning  commission  the  council  may  proceed  in  the  man- 
ner prescribed  in  section  four  hereof  and  shall  make  the  tentative  report, 
arrange  for  and  hold  such  public  hearings,  make  such  final  report  and 
afford  all  persons  particularly  interested  and  the  general  public,  an 
opportunity  to  be  heard  at  the  time  and  place  and  in  the  manner  pre- 
scribed in  section  four  hereof. 

§  6.  Penalties.  The  council  may  establish  j)enalties  for  violations 
of  such  an  ordinance  once  established  and  in  effect. 

ACT  431a. 

An  act  authorizing  and  empowering  municipalities  to  provide  a  procedure 
for  the  fixing  and  establishing  of  set-back  lines  on  private  property 
bordering  on  the  whole  or  part  of  any  street,  avenue  or  highway,  to 
prohibit  the  erection  of  buildings,  fences  or  other  structures  between 
such  set-back  lines  and  the  lines  of  any  such  street,  avenue  or  high- 
way, and  to  condemn  any  and  all  in'oporty  necessary  or  convenient 
for  that  purpose. 

[Approved  May  31,  1917.     Stats.  1917,  p.  1421.     In  effect  -luly  30,  1917.] 

§  1.  City  council  may  establish  set-back  lines.  Whenever  public  inter- 
est or  convenience  may  roquiri",  tlie  city  couucil  of  any  municipality 
fthall  have  full  power  and  authority  to  provide  a  procedure  for  the  fix- 
ing and  establisliiiig  of  set-back  lines  on  private  property  bordering  on 
the  whole  or  part  of  any  street,  avenue  or  other  highway,  to  prohibit 
the  erection  of  buildings,  fences  or  other  structures  between  such  set- 
back  lines   U7id    llic    lines    of   any    such    street,   avenue    or    other   higliway. 


605  BUILDINGS.  Act431b,  §§  1, 2 

and  to  condeniii  any  and   all   property  necessary  or  convenient  for  that 

purpose. 

§2-  Procedure.  The  ordinance  prescribing  such  procedure  shall  pro- 
vide, among  other  things,  for  the  passage  of  a  resolution  of  intention 
describing  the  land  deemed  necessary  to  be  taken  or  damaged  therefor, 
also  the  exterior  boundaries  of  the  district  of  lands  to  be  benefited  by 
said  work  or  improvement  and  to  be  assessed  to  pay  the  damages,  costs 
and  expenses  thereof,  and  shall  require  that  a  written  protest  signed  by 
the  owners  of  a  majority  of  the  frontage  upon  the  streets  and  parts  of 
streets  within  the  district  to  be  assessed,  and  filed  with,  such  city  council, 
shall  be  a  bar  to  such  proceeding  for  a  period  of  six  months  from  the 
date  of  the  filing  of  such  protest.  The  procedure  shall  provide  for  due 
notice  and  hearing  to  property  owners  liable  to  be  assessed,  also  a 
method  for  the  assessment  and  collection  of  benefits  and  the  payment 
of  damages,  together  wdth  such  other  matters  as  may  be  necessary  or 
convenient  to  promote  the  objects  hereof. 

ACT  431b. 

An  act  to  regulate  the  construction,  reconstruction,  moving,  alteration, 
maintenance,  use  and  occupancy  of  dwellings,  and  the  maintenance, 
use  and  occupancy  of  the  premises  and  land  on  which  dwellings  are 
erected  or  located,  in  incorporated  towns,  incorporated  cities,  and 
incorporated  cities  and  counties,  and  to  provide  penalties  for  tke 
violation  thereof. 

[Approved  May  31,  1917.     Stats.  1917,  p.  1161.     In  effect  September  1, 

1917.] 

§  1.  Title.  This  act  shall  be  known  as  the  "state  dwelling-house 
act,"'  and  its  provisions  shall  apply  to  incorporated  towns,  incorporated 
cities,  and  incorporated  cities  and  counties  of  this  state. 

§  2.  Duty  of  building  department.  Duty  of  housing  department.  In 
case  no  such,  departments.  Powers  of  commission  of  immigration  and 
housing.  It  shall  be  the  duty  of  the  "building  department"  of  every  in- 
corporated city,  and  incorporated  city  and  county,  to  enforce  all  the 
provisions  of  this  act  pertaining  to  the  erection,  construction,  reconstruc- 
tion, moving,  conversion,  alteration,  and  arrangement  of  dwellings. 

It  shall  bo  the  duty  of  the  "housing  department"  of  every  incorporated 
town,  incorporated  city,  and  incorporated  city  and  county  to  enforce 
all  the  provisions  of  this  act  pertaining  to  the  maintenance,  sanitation, 
ventilation,  use  and  occupancy  of  dwellings  after  said  dwellngs  have 
been  erected,  constructed  or  altered,  as  the  case  may  be. 

In  the  event  that  there  is  no  building  department  or  no  housing  depart- 
ment in  an  incorporated  town,  incorporated  city  or  incorporated  city 
and  county,  it  shall  be  the  duty  of  the  officer  or  officers  who  are  charged 
with  the  enforcement  of  ordinances  and  laws  regulating  the  erection, 
construction  or  alteration  of  buildings,  or  the  maintenance,  sanitation, 
ventilation   or   occupancy   of   buildings,   or   of   the   police,   fire   or   health 


Act.  431b,  §§  3-5  GENERAL  LAWS.  606 

regulations  in  said  incorporated  town,  incorporated  city,  or  incorporated 
city  and  county  to  enforce  all  the  provisions  of  this  act. 

Every  incorporated  town,  incorporated  city,  or  incorporated  city  and 
county  in  the  state  of  California  shall  have,  and  it  is  hereby  empowered 
and  given  authority  to  designate  and  charge  by  ordinance  any  other 
department  or  officer  than  the  department  or  officers  mentioned  herein, 
with  the  enforcement  of  this  act,  or  any  portion  thereof. 

The  commission  of  immigration  and  housing  of  California  shall  have, 
and  it  is  hereby  empowered  and  given  authority  to  enforce  the  provisions 
of  this  act,  which  do  not  pertain  to  the  actual  creation,  construction, 
reconstruction,  moving,  alteration  or  arrangement  of  dwellings  in  all 
incorporated  towns,  incorporated  cities,  and  incorporated  cities  and 
counties,  in  the  state  of  California,  whenever  said  commission  finds  or 
discovers  a  violation  or  violations  of  the  provisions  of  this  act  and  noti- 
fies the  local  department  or  officer,  or  departments  or  officers  who  are 
charged  with  the  enforcement  of  the  provisions  of  this  act,  in  writing, 
of  such  violation  or  violations,  and  the  said  local  department  or  officer, 
or  departments  or  officers,  fail,  neglect  or  refuse  to  enforce  the  provisions 
of  the  said  act  within  thirty  days  thereafter;  provided,  however,  that 
the  said  commission  of  immigration  and  housing  of  California  shall  en- 
force the  provisions  of  this  act  only  in  the  instances  specified  in  said 
written  notice. 

§  3.  Unlawful  to  construct  dwelling  contrary  to  act.  It  shall  be  un- 
lawful for  an}'  person,  firm  or  corporation,  whether  as  owner,  agent, 
contractor,  builder,  architect,  engineer,  superintendent,  foreman,  plumber, 
tenant,  lessee,  lessor,  occupant,  or  in  any  other  capacity  whatsoever,  to 
erect,  construct,  reconstruct,  alter,  build  upon,  move,  convert,  use,  occupy 
or  maintain,  or  to  cause,  permit  or  suffer  to  be  erected,  constructed,  re- 
constructed, altered,  built  upon,  moved,  converted,  used,  occupied  or 
maintained  any  dwelling  or  any  portion  thereof  contrary  to  the  provi- 
sions of  this  act,  or  to  commit  or  maintain  or  cause  or  permit  to  be 
committed  or  maintained  any  nuisance  in  or  upon  any  dwelling  or  any 
portion  thereof,  or  any  of  the  premises,  which  are  a  part  thereof,  or 
which  are  required  by  the  provisions  of  this  act;  or  to  do  or  to  cause  to 
be  done,  or  to  use  or  cause  to  be  used,  any  privy,  sewer,  cesspool,  plumb- 
ing or  house  drainage  affecting  the  sanitary  condition  of  any  dwelling 
or  any  portion  thereof,  or  of  the  premises  thereof,  contrary  to  any  of 
the  provisions  of  this  act. 

§  i.  Alteratioios.  It  shall  be  unlawful  for  any  person  to  make  any 
alterations  or  clianges  of  any  kind  whatsoever,  to  any  dwelling  erected 
prior  to  the  passage  of  this  act,  or  to  any  dwelling  hereafter  erected,  in 
any  manner  which  would  be  inconsistent  with  any  of  the  provisions  of 
this  act,  or  in  violation  of  the  said  provisions  of  this  act;  or  in  any 
manner  to  diminisli  the  size  of  the  windows,  or  to  remove  any  window 
or  windows  fi'om  tlie  rooms  contrary  to  any  of  the  provisions  of  this  act. 

§  5.     Building    conveyed    to    use    as    dwelling.     Building    moved.     A 

linil<1int4   not  ciccfcil    for.  or   whicli    is   not    used   as  a  dwelling  at   the  time 


607  BUILDINGS.  Act  431b,  §§  6-8 

of  the  passage  of  this  act,  if  hereafter  converted  to  or  altered  for  such 
use,  shall  thereupon  become  subject  to  ali  the  provisions  of  this  act 
affecting  a  dwelling  hereafter  erected. 

A  building  used  as  a  dwelling  at  the  time  of  the  passage  of  this  act, 
if  moved,  shall  be  made  to  conform  to  all  of  the  provisions  of  this  act 
affecting  dwellings  hereafter  erected,  in  so  far  as  they  pertain  to  un- 
occupied area. 

§  6.  Penalty  for  violation.  Procedure.  Any  person,  firm  or  corporation 
violating  any  of  the  provisions  of  this  act  shall  be  deemed  guilLy  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by  a  fine 
not  exceeding  five  hundred  dollars,  or  by  imprisonment  in  a  county  jail 
not  exceeding  six  months,  or  by  both  such  fine  and  imprisonment. 

Except  as  herein  otherwise  specified,  the  procedure  for  the  prevention 
of  violations  of  this  act,  for  the  vacation  of  dwellings  or  premises  un- 
lawfully occupied,  or  for  the  abatement  of  a  nuisance  in  connection  with 
a  dwelling  or  the  premises  thereof,  shall  be  as  set  forth  in  the  charter 
.ind  ordinances  of  the  municipality  in  which  the  procedure  is  instituted. 

§7.  Power  to*  enter  building.  The  department  or  departments 
charged  with  the  enforcement  of  this  act  in  any  incorporated  town, 
incorporated  city  or  incorporated  city  and  county,  and  the  authorized 
officers,  agents  or  employees  of  such  department  or  departments  may, 
whenever  necessary,  enter  dwellings  or  portions  thereof,  or  the  premises 
thereof,  within  the  corporate  limits  of  such  towns,  cities,  or  cities  and 
counties,  for  the  purpose  of  inspecting  such  buildings,  in  order  to  secure 
compliance  with  the  provisions  of  this  act  and  to  prevent  violations 
thereof. 

The  members  of  the  commission  of  immigration  and  housing  of  Cali- 
fornia and  the  agents,  officers  or  employees  of  said  commission  may, 
whenever  necessary,  enter  dwellings  or  portions  thereof,  or  the  premises 
thereof,  for  the  purpose  of  inspecting  such  buildings  in  order  to  secure 
compliance  with  the  provisions  of  this  act  and  to  prevent  violations 
thereof. 

The  owner  or  his  authorized  agent  may,  whenever  necessary,  enter 
dwellings,  or  portions  thereof,  or  the  premises  thereof,  owned  by  him, 
to  carry  out  any  instructions  or  to  perform  any  work  required  to  be  done 
by  the  provisions  of  this  act;  provided,  however,  that  the  authority  to 
enter  buildings,  as  in  this  section  given  to  the  persons  hereinbefore 
enumerated,  shall  not  be  construed  or  deemed  to  apply  to  the  entering 
of  any  such  building  between  the  hours  of  six  o'clock  P.  M.  of  any  day 
and  six  o'clock  A.  M.  of  the  succeeding  day,  without  the  consent  of 
the  owner  or  of  the  occupants  of  such  buildings;  but  in  no  event  shall 
persons  hereinbefore  enumerated  to  enter  any  such  buildings  in  the 
the  authority  in  this  section  given  be  construed  as  permitting  any  of  the 
absence  of  the  occupants  thereof  without  a  proper  written  order,  duly 
executed  by  a  competent  court  authorized  to  issue  such  orders. 

§  8.  Definitions.  For  the  purpose  of  this  act,  certain  words  and 
phrases  are  defined  as  follows,  unless  it  shall  be  apparent  from  their 
context  that  they  have  a  different  meaning: 


Act  -ISlb',  §  8  GENERAL   LAWS.  608 

Words  used  iu  the  singular  include  the  plural,  and  the  plural,  the 
singular. 

Words  used  in  the  present  tense  include  the  future. 

Words  used  iu  the  masculine  gender  include  the  feminine,  and  the 
feminine,  the  masculine. 

Words  "building  department,"  "housing  department,"  "department 
charged  with  the  enforcement  of  this  act,"  shall  be  construed  as  if  fol- 
lowed by  the  words,  "of  the  incorporated  town,  incorporated  city,  or  in- 
corporated city  and  county,"  as  the  ease  may  be,  in  which  the  dwelling 
is  situated. 

"Apartment"  is  a  room  or  suite  of  rooms  which  is  occupied,  or  is  in- 
tended or  designed  to  be  occupied  by  one  family  for  living  and  sleeping 
purposes. 

"Basement"  is  any  story  or  portion  thereof  partly  below  the  level  of 
the  curb  or  the  actual  enjoiniug  ground  level,  the  ceiling  of  which  in 
no  part  is  less  than  seven  feet  above  the  curb  level  or  actual  adjoining 
ground  levels.  If  the  adjoining  ground  is  excavated  to  or  below  the 
curb  level,  such  excavated  space  shall  have  not  less  than  the  minimum 
width  and  length  required  in  this  act  for  outer  courts. 

"Building"  is  a  dwelling. 

"Building  department"  means  the  commissioner  of  buildings,  superin- 
tendent of  buildings,  chief  inspector  of  buildings,  or  any  officer  or  de- 
partment charged  with  the  enforcement  of  ordinances  and  laws  regu- 
lating the  construction  and  alteration  of  buildings  or  structures. 

"Cellar"  is  any  story  or  portion  thereof,  the  ceiling  of  which  is  less 
than  seven  feet  above  the  curb  level  and  actual  adjoining  ground  levels. 
"Curb  level"  is  the  curb  level  opposite  the  center  of  the  front  of  lot, 
and  in  the  event  that  a  curb  has  not  been  established  shall  be  deemed 
to  be  the  average  ground  level  at  the  front  of  lot. 

"Department."  Whenever  the  word  "department"  is  used  it  means  the 
building  department,  the  housing  department  or  such  other  department 
or  officer,  or  department  or  officers,  who  are  charged  with  the  enforce- 
ment of  the  provisions  of  this  act. 

"Dwelling"  is  as  follows: 

(a)  Any  house  or  building,  or  any  portion  thereof,  which  contains  not 
more  than  two  apartments,  or  not   more  than  five  guest  rooms,  or, 

(b)  Any  house  or  building,  or  any  portion  thereof,  not  more  than  one 
story  in  height,  which  contains  more  than  two  apartments,  or, 

(c)  Any  house  or  building,  or  any  portion  thereof,  of  more  than  one 
story  and  not  more  than  two  stories  in  height,  which  is  designed,  built, 
rented,  leased,  let  or  hired  out  to  be  occupied,  or  is  occupied,  as  the 
home  or  residence  of  not  more  than  four  families  (four  apartments)  and 
which  is  so  arranged  that  each  of  the  said  families  live  independently 
of  each  other,  and  which  building  is  constructed  and  arranged  so  that 
a  separate  section  is  or  may  be  kept  as  a  home  or  a  residence  of  a 
separate  family.  Each  such  section  having  an  entirely  independent  and 
separate  entrance,  and  if  a  stairway  is  required,  one  separate  stairway 
leading  to  each  sect  inn  rroiii  the  street  or  from  an  outside  vestibule  on 
the  level  of  the  first  lloor  of  said  bnilding,  and  with  no  room,  hallway, 
liathroom,  water-closet  or  kitchen  used  in  coiiinion  ))y  two  or  more 
families    occupying    the    said    building. 


609  BUILDINGS.  Act  431b,  §§9-11 

"Family"  is  oue  person  living  aloue  or  a  group  of  two  or  more  persons 
living  together  in  an  apartment,  whetiier  related  tu  each  other  by  birth 
or  not. 

"Uuest"  is  any  person  hiring  and  occupying  a  room  for  sleeping  pur- 
poses, and  shall  include  both  boarders  and  lodgers. 

"Guest  room"  is  a  room  which  is  occupied,  or  is  intended,  arranged  or 
designed   to  be   occupied,   for   sleeping   purposes   by   one   or   more  guests. 

"Housing  department"  is  any  department  or  commission  charged  with 
the  enforcement  of  ordinances  or  laws  regulating  the  occupancy  and 
maintenance  of  dwelling-house  buildings;  and  where  no  such  department 
is  maintained,  shall  be  deemed  to  be  the  health  commissioner,  the  dc- 
])artment  of  health,  health  officer,  or  similar  department  charged  with 
the  enforcement  of  laws  and  ordinances  regulating  the  maintenance  and 
occupancy  of  buildings  or  structures  and  of  the  health  and  sanitary  re- 
quirements. 

"Lot"  is  a  parcel  or  area  of  land  on  which  is  situated  a  dwelling, 
together  with  the  land,  and  unoccupied  spaces  for  such  a  dwelling,  as 
required  by  this  actj  all  of  which  land  shall  be  owned  by  or  be  under  the 
absolute  lawful  control  and  in  the  lawful  possession  of  the  dwelling. 

"Nuisance"  embraces  public  nuisance  as  known  at  common  law  or  in 
equity  jurisprudence,  and  whatever  is  dangerous  to  human  life  or  detri- 
mental to  health,  and  shall  also  embrace  the  overcrowding  with  occu- 
pants of  any  room,  insufficient  ventilation,  or  inadequate  or  insanitary 
sewerage  or  plumbing  facilities,  or  uncleanliness,  and  whatever  renders 
air,  food  or  drink  unwholesome  or  detrimental  to  the  health  of  human 
beings. 

"Person"  is  a  natural  person,  his  heirs,  executors,  administrators  or 
assigns;  also  includes  a  firm,  partnership  or  a  corporation,  its  or  their 
successors  or  assigns. 

"Shall."     Wherever  this  word  is  used  it  shall  be  mandatory. 

"Street"  is  any  public  street,  alley,  thoroughfare  or  park  having  a 
minimum  width  of  sixteen  feet,  measured  from  the  front  of  lot  to  the 
opposite  front  of  lot,  and  shall  have  been  dedicated  or  deeded  to  the 
public  for  public  use. 

§  9.  Constructed  in  substantial  manner.  Every  dwelling  hereafter 
erected  shall  be  constructed  in  a  substantial  manner;  and  the  buildings 
shall  be  so  constructed  as  to  provide  shelter  to  the  occupants  against  the 
elements,  and  so  as  to  exclude  dampness  in  inclement  weather. 

§  10.  Sleeping  in  cellar.  In  no  dwelling  shall  any  room  in  the  cellar 
be  constructed,  altered,  converted  or  occupied  for  living  or  sleeping 
purposes. 

§  11.  Booms  In  basement.  In  no  dwelling  shall  any  room  in  the  base- 
ment be  constructed,  altered,  converted  or  occupied  for  living  purposes 
unles's  it  conforms  to  all  of  the  requirements  of  this  act  for  rooms  in 
other  parts  of  the  building,  and  that  the  ceiling  of  each  such  room  be 
in  all  parts  not  less  than  seven  feet  above  the  adjoining  ground  levels. 

All  the  walls  below  the  ground  level  and  the  floors  of  such  a  base- 
ment shall  be  dampproofed  and  waterproofed.  Such  dampproofing  and 
39 


Act  431b,  §§  12-14  GENERAL   LAWS.  610 

waterproofing  shall  run  through  the  walls  and  up  as  high  as  the  ground 
level  and  continue  throughout  the  floor. 

Every  basement  in  such  buildings  shall  be  illuminated  and  ventilated. 

§  12.  Ventilation  beneath  floor.  Floor  area.  In  every  dwelling  here- 
after erected  there  shall  be  provided  a  clear  air  space  under  the  lowest 
floor  thereof  of  at  least  six  inches,  except  where  there  is  a  ventilated 
basement  or  cellar  underneath  such  floor,  which  clear  air  space  shall  be 
enclosed  and  provided  with  a  sufficient  number  of  openings,  with  re- 
movable screens,  or  similar  provisions,  of  a  size  to  insure  ample  ventila- 
tion. The  surface  underneath  the  floor  shall  be  kept  dry,  drained,  clean 
and  free  from  any  accumulation  of  rubbish,  debris  or  filth. 

The  provisions  of  this  section  shall  not  be  deemed  to  apply  to  masonry 
floors  laid  directly  on  the  soil,  nor  to  any  self-supporting  masonry  floor. 

§  13.  Width  and  height.  In  every  dwelling  hereafter  erected,  every 
room  used  for  living  or  sleeping  purposes  shall  contain  at  least  ninety 
square  feet  of  superficial  floor  area. 

Every  such  room  shall  at  every  point  be  not  less  than  seven  feet  in 
width,  nor  less  than  eight  feet  in  height  measured  from  the  finished  floor 
to  the  finished  ceiling;  except  that  attic  rooms  and  rooms  where  sloping 
ceilings  occur  need  be  eight  feet  in  height  in  but  one-half  the  area  of 
the  room. 

Every  water-closet  compartment  shall  bo  not  less  than  thirty-six  inches 
in  width  and  every  such  compartment  and  bath  or  shower  compartment 
shall  have  a  height  of  not  less  than  seven  feet  six  inches  measured  from 
the  finished  floor  to  the  finished  ceiling. 

§  14.  Windows.  Cornice.  Opening  into  vent  shaft.  Opening  through 
porch.  In  every  dwelling  hereafter  erected,  every  room  used  for  living 
or  sleeping  purposes  and  every  kitchen,  water-closet  compartment, 
shower  or  bathroom,  shall  have  at  least  one  window,  of  the  area  fixed 
by  this  act,  opening  directly  upon  a  street,  or  upon  unoccupied  area  not 
less  than  four  in  its  least  dimension  and  containing  an  area  of  not 
less  than  thirty-six  square  feet,  and  located  on  the  same  lot. 

A  cornice  may  extend  into  the  unoccupied  area  two  inches  for  each 
one  foot  in  width  of  such  unoccupied  area. 

Windows  herein  rotpiirod  shall  bo  located  so  as  properly  to  light  all 
portions  of  the  room,  and  shall  1)0  made  so  as  to  open  in  all  parts  and 
so  arranged  that  at  least  one-half  of  the  window  may  be  opened  unob- 
structed; provided,  however,  that  the  windows  required  by  this  section 
in  a  water-closet  compartment  or  bath  or  shower  room  may  be  opened 
directly  into  a  vent  shaft,  such  vont  shaft  to  be  in  no  dimension  less 
than  eighteen  inches;  provided,  further,  that  windows  required  to  open 
onto  a  street  or  onto  unoecuipcd  area  may  open  through  porches,  pro- 
vided that  the  said  porches  do  not  exceed  seven  feet  in  depth,  measured 
at  right  angles  to  the  windows  and  that  at  least  seventy-five  pef  cent 
of  the  entire  side  of  the  porch,  bounded  by  the  street  or  unoccupied  area 
is  left  open,  except  that  the  open  space  may  be  inclosed  with  mosquito 
screens. 


611  BUILDINGS.  Act  431b,  §§  15-20 

§  15.  Window  area.  In  every  dwelling  hereafter  erected  the  total 
window  area  in  each  room  used  for  living  or  sleeping  purposes  shall  be 
at  least  one-eighth  of  the  superficial  floor  area  of  the  room.      ' 

All  measurements  for  window  area  shall  be  taken  to  outside  of  sash. 

§  16.  Window  area  in  water-closet.  In  every  dwelling  hereafter 
erected,  the  window  area  in  a  water-closet  compartment  or  bathroom 
shall  be  not  less  than  three  square  feet. 

§  17.  Water-closets.  Every  dwelling  liereafter  erected  shall  be  pro- 
viiled  with  one  water-closet  for  each  family  living  therein. 

§  18.  Plumbing  fixtures.  In  every  dwelling  hereafter  erected  every 
plumbing  fixture  shall  be  provided  with  running  water. 

Every  plumbing  fixture  affecting  the  sanitary  drainage  system  in 
dwellings  hereafter  erected  shall  be  properly  connected  with  the  street 
sewer,  if  a  street  sewer  exists  in  the  street  abutting  the  lot  on  which 
the  building  is  located  and  is  ready  to  receive  connections.  When  it  is 
impracticable  to  connect  such  plumbing  fixtures  with  a  street  sewer,  then 
the  plumbing  fixtures  shall  be  connected  and  drained  into  a  cesspool 
constructed  satisfactorily  to.  the  department  charged  with  .the  enforce- 
ment of  this  act;  or  some  other  means  of  sewage  disposal  satisfactory  to 
the  department  charged  with  the  enforcement  of  this  act  may  be  made 
until  such  time  as  it  may  become  practicable  and  possible  to  connect 
with  the  street  sewer. 

§  19.  Where  no  running  water.  Privy.  Water-closets,  baths,  showers, 
sinks,  slop-sinks,  faucets  and  other  plumbing  fixtures  required  by  this 
act  need  not  be  installed  in  the  event  that  the  dwelling  hereafter  erected, 
or  an  existing  dwelling  as  the  case  may  be,  is  situated  where  there  is  no 
running  water  and  where  there  is  no  practical  means  of  sewage  disposal, 
until  such  time  as  it  becomes  practical  and  possible  to  obtain  running 
water  and  means  of  sewage  disposal;  provided,  in  every  such  case  the 
department  charged  with  the  enforcement  of  this  act  shall  decide 
whether  or  not  it  is  practicable  and  possible  to  provide  running  water, 
or  proper  means  of  sewage  disposal;  provided,  further,  that  proper  toilet 
facilities  shall  be  ^jrovided  for  the  use  of  the  occupants  of  such  building. 
Such  facilities  shall  be  made  sanitary.  A  privy,  or  toilet  other  than  a 
water-closet,  erected  under  the  authority  of  this  section  shall  consist 
of  a  pit  at  least  three  feet  deep,  with  suitable  shelter  over  the  same  to 
afford  privacy  and  protection  from  the  elements.  The  openings  of  the 
shelter  and  pit  shall  be  inclosed  by  fly  screening,  and  the  door  to  the 
shelter  shall  be  made  to  close  automatically,  by  means  of  a  spring  or 
other  device.  No  privy  pit  shall  be  allowed  to  become  filled  with  ex- 
creta to  nearer  than  one  foot  from  the  surface  of  the  ground,  and  the 
excreta  in  the  pit  shall  be  covered  with  earth,  ashes,  lime  or  similar 
■ubstances  at  regular  intervals. 

§20.  Earthenware  bowls  and  seats.  In  every  dwelling  hereafter 
erected,  and  in  every  dwelling  now  existing,  all  plumbing  fixtures  shall 
be  properly  trapped  and  vented  and  all  such  plumbing  made  sanitary 
>n  every  particular.     Water-closets  hereafter  installed  shall  have  earthen- 


Act  431b,  §§21-23 


GENERAL   LAWS. 


612 


ware  bowls  aud  shall  have  earthenware  seats,  or  seats  made  of  some 
uonabsorbeut  material  integral  with  the  bowls,  or  wooden  seats,  enam- 
eled or  varnished  or  otherwise  made  nonabsorbent,  attached  directly 
to  the  bowls.  All  connections  shall  be  of  standard  lead,  iron,  steel  or 
brass. 

No  plumbing  fixtures  shall  be  inclosed  with  woodwork,  but  the  space 
under  and  around  the  same  must  be  left  entirely  open. 

§  21.  Cooking  in  bath  compartment.  Sleeping  in  cellar,  etc.  Floor 
space  for  each  occupant.  It  shall  be  unlawful  for  any  person  to  cook 
or  to  prepare  food,  or  to  permit  or  suffer  any  person  to  cook  or  to  pre- 
pare food  in  any  bath,  shower,  slop-sink  or  water-closet  compartment, 
or  in  any  other  place  in  the  building  w^hich,  in  the  judgment  of  the  de- 
partment charged  with  the  enforcement  of  this  act,  is  detrimental  to  the 
proper  sanitation  of  such  building. 

It  shall  be  unlawful  for  any  person  to  live  or  sleep,  or  to  permit  or 
suffer  any  person  to  live  or  sleep,  in  any  cellar,  bath,  shower  or  slop- 
sink  room,  water-closet  compartment,  hallway,  closet  or  kitchen,  or  in 
any  other  place  which,  in  the  judgment  of  the  department  charged  with 
the  enforcement  of  this  act,  would  be  dangerous  or  prejudicial  to  life 
or  health  by  reason  of  want  of  light,  windows,  ventilation,  drainage,  or 
on  account  of  dampness,  offensive,  obnoxious  or  poisonous  odors  or  in 
any  room  that  shall  be  so  overcrowded  as  to  afford  less  than  the  fol- 
lowing floor  space  for  each  occupant  in  accordance  with  the  age  of  the 
said  occupant: 


Number  of  persons  over  12  years  of  age 


Number  of 

persons  under 

12  years  of 

age 


Superficial  floor 
area  required 


1 

2 
3 
4 
5 
6 


60  square 
120  square 
180  square 
240  square 
300  square 
360  square 


feet 
feet 
feet 
feet 
feet 
feet 


Additional  floor  area  in  the  same  ratio  shall  be  provided  for  additional 
persons. 

§22,  Repapering.  No  wall,  partition  or  ceiling  of  any  room  in  any 
dwelling  shall  be  repapered,  calcimined,  or  have  any  other  covering 
placed  thereupon  unless  the  old  wall  paper  or  other  covering  shall  have 
first  been  removed  therefrom,  and  the  said  wall,  partition  or  ceiling 
cleaned,  disinfected  and  freed  from  bugs,  insects  or  vermin. 

§23.  Repairs.  Every  dwelling  shall  be  maintained  in  good  repair. 
The  roofs  shall  be  kept  waterproof  and  all  storm  or  casual  water  prop- 
erly drained  and  conveyed  therefrom  to  the  street  sewer,  storm  drain  or 
street  gutter. 

Every  water-closet,  bathtub,  sink,  slop-hopper  or  other  similar  plumb- 
ing fixture  sliall  at  all  times  be  kept  clean,  sanitary  and  in  good  working 
order. 


613  BUILDINGS.  Act  431b,  §§  24-28 

§  24.  Metal  mosquito  screemug.  There  shall  be  provided,  whenever  it 
is  deemed  necessary  for  the  health  of  the  occupants  of  any  dwelling 
or  for  the  proper  sanitation  or  cleanliness  of  any  such  building,  metal 
mosquito  screening  of  at  least  sixteen  mesh,  set  in  tight-fitting  removable 
sash,  for  each  exterior  door,  window  or  other  opening  in  the  exterior 
walls  of  the  building. 

§  25.  Garbage  cans.  There  shall  be  provided  by  the  occupant  or  ten- 
ant for  each  dwelling  a  tight  metal  receptacle,  with  close-fitting  metal 
cover,  for  garbage,  refuse,  ashes  and  rubbish  as  may  be  deemed  necessary 
by  the  department  charged  with  the  enforcement  of  this  act.  The  recep- 
tacles  shall   be   kept  in  a   clean   condition   by   the   occupants   or  tenants. 

§  26.  Room,  etc.,  kept  clean.  Swill,  etc.,  not  to  be  deposited,  in  plumb- 
ing fixtures.  Every  room,  hallway,  passageway,  stairway,  wall,  partition, 
ceiling,  floor,  skylight,  glass  window,  door,  carpet,  rug,  matting,  window 
curtain,  water-closet  compartment  or  room,  toilet  room,,  bathroom,  slop- 
sink  or  wash-room,  plumbing  fixture,  drain,  roof,  closet,  cellar,  or  base- 
ment in  any  dwelling,  and  the  lot,  and  the  premises  thereof,  shall  be 
kept  in  every  part  clean  and  sanitary  and  free  from  all  accumulation 
of  debris,  filth,  rubbish,  garbage  or  other  offensive  matter. 

No  person  shall  deposit,  or  cause  or  permit  any  person  to  deposit,  any 
swill,  garbage,  bottles,  ashes,  cans  or  other  improper  substance  in  any 
water-closet,  sink,  slop-hopper,  bathtub,  shower,  catch-basin,  or  in  any 
plumbing  fixture  connection  or  drain  therefrom,  or  otherwise  to  obstruct 
the  same;  or  to  place  or  cause  or  permit  to  be  placed  any  filth,  urine  or 
other  foul  matter  in  any  place  other  than  the  place  provided  for  same; 
or  to  keep  or  cause  or  permit  to  be  kept  any  urine  or  filth  or  foul  matter 
in  any  room  or  apartment  in  any  dwelling  or  in  or  about  the  said  build- 
ing or  premises  thereof  for  such  length  of  time  as  to  create  a  nuisance. 

§  27.  No  animals  in  dwelling.  No  horse,  cow,  calf,  swine,  sheep,  goat, 
rabbit,  mule  or  other  animal,  chicken,  pigeon,  goose,  duck  or  other  poultry 
shall  be  kept  in  any  dwelling-house  or  anj  part  thereof;  nor  shall  any 
such  animal  or  poultry,  nor  shall  any  stable,  be  kept  or  maintained 
within  twenty  feet  of  any  window  or  door  of  such  building. 

§  28.  Action  to  abate  nuisance.  Authority  to  execute  order.  In  case 
any  dwelling,  or  any  part  thereof,  is  constructed,  altered,  converted  or 
maintained  in  violation  of  any  provisions  of  this  act  or  of  any  order  or 
notice  of  the  department  charged  with  its  enforcement,  or  in  case  a  nui- 
sance exist  in  any  such  dwelling  or  building  or  structure  or  upon  the  lot 
on  which  it  is  situated,  said  department  may  institute  any  appropriate 
action  or  proceeding  to  prevent  such  unlawful  construction,  alteration, 
conversion  or  maintenance,  to  restrain,  correct  or  abate  such  violation  or 
nuisance,  to  prevent  the  occupation  of  said  dwelling,  building  or 
structure,  to  prevent  any  illegal  act,  conduct  of  business  in  or  about  such 
dwelling  or  lot.  In  any  such  action  or  proceeding  said  department  may, 
by  affidavit  setting  forth  the  facts,  apply  to  the  superior  court,  or  to 
any  judge  thereof,  for  an  order  granting  the  relief  for  which  said  action 
or  proceeding  is  brought,  or  for  an  order  enjoining  all  persons  from  doing 
or  permitting  to  be  done  any  work  in  or  about  such  dwelling,  building, 


Act  431b,  §§  29-32  general  laws.  614 

structure  or  lot,  or  from  occupying  or  using  the  same  for  any  purpose, 
until  the  entry  of  final  judgment  or  order.  In  case  any  notice  or  order 
issued  by  said  department  is  not  complied  with,  said  department  may 
apply  to  the  superior  court,  or  to  any  judge  thereof,  for  an  order  author- 
izing said  department  to  execute  and  carry  out  the  provisions  of  said 
notice  or  order,  to  remove  any  violation  specified  in  said  order  or  notice, 
or  to  abate  any  nuisance  in  or  about  such  dwelling,  building  or  structure, 
or  the  lot  upon  which  it  is  situated.  The  court,  or  any  judge  thereof, 
is  hereby  authorized  to  make  any  order  specified  in  this  section.  In  no 
case  shall  the  said  department  or  any  officer  thereof  or  the  municipal 
corporation  be  liable  for  costs  in  any  action  or  proceeding  that  may  be 
commenced  in  pursuance  of  this  act. 

§  29.  Fine  a  lien.  Every  fine  imposed  by  judgment  under  section  six 
of  this  act  upon  a  dwelling  owner  shall  be  a,  lien  upon  the  house  in  rela- 
tion to  which  fine  is  imposed,  from  the  time  of  the  filing  of  a  certified 
copy  of  said  judgment  in  the  office  of  the  recorder  of  the  county  in  which 
said  dwelling  is  situated,  subject  only  to  taxes  and  assessments  and 
water  rates,  and  to  such  mortgage  and  mechanics'  liens  as  may  exist 
thereon  prior  to  such  filing;  and  it  shall  be  the  duty  of  the  department 
charged  with  the  enforcement  of  the  provisions  of  this  act,  upon  the 
entry  of  such  judgment,  to  file  forthwith  the  copy  as  aforesaid,  and  such 
copy  upon  filing  shall  be  forthwith  indexed  by  the  recorder  in  the  index 
of  mechanics'  liens. 

§  30.  Notice  of  pendency  of  action.  In  any  action  or  proceeding 
instituted  by  the  department  charged  with  the  enforcement  of  this  act, 
the  plaintiff  or  petitioner  may  file,  in  the  county  recorder's  office  of  the 
county  where  the  property  affected  by  such  action  or  proceeding  is 
situated,  a  notice  of  the  pendency  of  such  action  or  proceeding.  Said 
notice  may  be  filed  at  the  time  of  the  commencement  of  the  action  or 
proceeding,  or  at  any  time  afterwards  before  final  judgment  or  order, 
or  at  any  time  after  the  service  of  any  notice  or  order  issued  by  said 
department.  Such  notice  shall  have  the  same  force  and  effect  as  the 
notice  of  pendency  of  action  provided  for  in  the  Code  of  Civil  Procedure. 
Each  county. recorder  with  whom  such  notice  is  filed  shall  record  it  and 
shall  index  it  in  the  name  of  each  person  specified  in  a  direction  sub- 
scribed by  an  officer  of  the  department  instituting  such  action  or  pro- 
ceeding. Any  such  notice  may  be  vacated  upon  the  order  of  a  judge 
of  the  court  in  which  such  action  or  proceeding  was  instituted  or  is 
jiending.  The  reccJrder  of  the  county  where  such  notice  is  filed  is  hereby 
directed  to  mark  such  notice  and  any  record  or  docket  thereof  as  can- 
celed of  record,  uixni  the  presentation  and  filing  of  a  certified  copy  of 
such  order. 

§31.  Time  of  service.  Every  notice  or  (irdcr  in  relation  to  a  dwelling 
shall  be  served  five  days  ])efore  the  time  for  doing  the  tiling  in  relation 
to  wliicli   it  sliiill  have  been   issued. 

§32.  Manner  of  service.  In  any  action  brought  by  any  de|iartment 
cliarged  with  the  enforcement  of  this  act  in  relation  to  a  dwelling  for 
injunction,  vacation  of  the  premises  or  otiier  abatement  of  nuisance,  or 


615  BUILDINGS.  Act  431b,  §§  33-35 

to  establish  a  lien  thereon,  it  shall  be  sufficient  service  of  summons  to 
serve  the  same  as  notices  and  orders  are  served  under  the  provisions  of 
the  Code  of  Civil  Procedure. 

§  33.  Minimum  reciuirements.  Supplementary  laws.  Repealed.  Power 
of  cities  not  abrogated.  Tlie  provisions  of  this  act  shall  be  held  to  be 
the  minimum  requirements  adopted  for  the  protection,  the  health  and 
the  safety  of  the  community,  and  for  the  protection,  the  health  and  the 
safety  of  the  occupants  of  dwellings.  Nothing  in  this  act  contained 
shall  be  construed  as  prohibiting  the  local  legislative  body  of  any  incor- 
porated town,  incorporated  city,  or  incorporated  city  and  county,  from 
enacting  from  time  to  time,  supplementary  ordinan'ces  or  laws  imposing 
further  restrictions  or  providing  for  fees  to  be  charged  for  permits, 
certificates  or  other  papers  required  by  this  act;  but  no  ordinance,  law, 
regulation  or  ruling  of  any  municipal  department,  authority,  officer  or 
officers,  shall  repeal,  amend,  modify  or  dispense  with  any  of  the  provi- 
sions of  this  act. 

All  statutes  of  the  state  and  all  ordinances  of  incorporated  towns, 
incorporated  cities  and  incorporated  cities  and  counties,  as  far  as  incon- 
sistent with  the  provisions  of  this  act,  are  hereby  repealed;  provided, 
that  nothing  in  this  act  contained  shall  be  construed  as  repealing  or 
abrogating  any  present  ordinance  or  law  of  any  incorporated  town,  incor- 
porated C'ity,  or  incorporated  city  and  county,  in  the  state  which  further 
restricts  the  percentage  of  the  lot  to  be  covered  by  a  dwelling,  the  occu- 
pation thereof,  the  materials  to  be  used  in  its  construction,  or  increasing 
the  floor  space  to  each  person  occupying  a  room,  the  requirements  as  to 
sanitation,  ventilation,  light  and  protection   against  fire. 

Nothing  in  this  act  contained  shall  be  construed  as  abrogating,  dimin- 
ishing, minimizing  or  denying  the  power  of  any  incorporated  town,  incor- 
porated city,  or  incorporated  city  and  county,  by  ordinance  or  law,  to 
further  restrict  the  percentage  of  the  lot  to  be  covered  by  a  dwelling 
within  said  municipality,  the  occupation  thereof,  the  materials  to  be 
used  in  its  construction,  or  increasing  the  floor  space  to  each  person 
occupying  a  room,  the  requirements  as  to  sanitation,  ventilation,  light 
and  protection  against  fire. 

§  34.  Constitutionality.  If  any  section,  subsection,  sentence,  clause  or 
phrase  of  this  act  is  for  any  reason  held  to  be  unconstitutional,  such 
decision  shall  not  affect  the  validity  of  the  remaining  portions  of  this 
act.  The  legislature  herebj'  declares  that  it  would  have  passed  this  act, 
and  each  section,  subsection,  sentence,  clause,  and  phrase  thereof,  irre- 
spective of  the  fact  that  any  one  or  more  sections,  subsections,  sentences, 
clauses,  or  phrases  be  declared  unconstitutional. 

§  35.  In  effect  when.  This  act  shall  take  effect  and  be  in  force  from 
and  after  September  1,  1917. 


Act  436,  §§  1,  9  GENERAL   LAWS.  616 

TITLE  73. 

BUEXED  OK  DEHTKOYED  KELOKDa  OE  DOCUMENTS. 
ft-CT  i36. 

An  act  to  provide  for  the  establishmeut  and  quieting  title  to  real  prop- 
erty in  case  of  the  loss  or  destruction  of  public  records. 

[Approved  .Tune    16,   1906.     Stats.   1906    (Ex.   Sess.),   p.   78.] 

Amended   1909,  p.  163;    1911.  p.   6;    1913,  p.   13.5;    1917,  p.   80.     Supp. 
19U7,  p.   950. 

'J'he  amendment  of  1917  follows: 

§  1.  Title  to  real  property  wlien  public  records  are  destroyed.  When- 
ever the  public  records  in  the  office  of  the  county  recorder  of  any  county 
have  been,  or  shall  hereafter  be,  lost  or  destroyed,  in  whole  or  in  any 
material  part,  by  flood,  fire  or  earthquake,  any  person  who  claims  an 
estate  of  inheritance,  or  for  life  in,  and  who  is  by  himself  or  his  tenant, 
or  other  person,  holding  under  him,  in  the  actual  and  peaceable  posses- 
sion of  any  real  property  in  such  county,  or  of  any  real  property  now  in 
another  county  but  which  was  formerly  in  the  county  of  which  all  or 
a  material  part  of  the  records  were  lost  or  destroyed  as  aforesaid,  in 
the  event  that  the  records  so  lost  or  destroyed  included  all  or  a  material 
part  of  the  public  records  in  the  office  of  said  county  recorder  covering 
all  or  a  material  part  of  the  time  when  said  last  mentioned  real  prop- 
erty was  in  the  county  whose  records  were  so  lost  or  destroyed,  may 
bring  and  maintain  an  action  in  rem  against  all  the  world,  in  the  su- 
perior court  for  the  county  in  which  such  real  property  is  situate,  to 
establish  his  title  to  such  property  and  to  determine  all  adverse  claims 
thereto.  Any  number  of  separate  parcels  of  land  claimed  by  the  plain- 
tiff may  be  included  in  the  same  action.  [Amendment  approved  April  6, 
1917;  Stats.  1917,  p.  80.] 

§  9.  Record  of  pendency  of  action.  The  i)laintiff  must,  at  the  time 
of  filing  the  complaint,  aud  every  defendant  claiming  any  affirmative 
lelief  must,  at  the  time  of  filing  his  answer,  record  in  the  office  of  the 
recorder  of  the  county  in  which  the  property  is  situated,  a  notice  of 
the  pendency  of  the  action  containing  the  object  of  the  action  or  de- 
fense, anil  a  particular  description  of  the  property  affected  thereby; 
and  the  recorder  shall  record  the  same  in  a  book  devoted  exclusively  to 
the  recordation  of  such  notices  and.  if  the  property  is  still  situated  in 
the  ^^allll•  coiinty  in  which  the  records  were  destroyed,  shall  enter,  upon  a 
iiiHp  or  jilat  (if  llic  parcels  of  land,  to  be  kept  by  him  for  that  purpose, 
on  that  [)art  of  tlie  map  or  plat  representing  the  parcel  or  parcels  so 
ilescribed  a  reference  to  (he  dati'  of  the  filing  of  such  notice  and,  when 
recorded,  to  thi'  hook  niid  jiage  of  the  record  thereof.  [Amendment  ap- 
proved April   6,    1917;   Stnls.    1917,  p.   80.  | 

TITLE  74. 

HFTTP]   OOTINTY. 
ACT  444. 

(■hartci-  of  Butte  .oiuity.      |  Stats.  1917,  p.  1791.] 


617  BUTTER.  Act  473.  i5§  la,  2 

TITLE  75. 

BUTTER. 
ACT  473. 

An  act  to  prevent  the  nianufacturt'  or  sale  of  dairy  produets  I'ruiii  un- 
healthy animals,  or  that  are  produced  under  unsanitary  conditions; 
to  prevent  deception  or  fraud  in  the  production  and  sale  of  dairy 
products,  and  in  the  manufacture  and  sale  of  renovated  butter  and 
oleomargarine;  to  license  the  manufacture  and  sale  of  renovated 
butter,  and  oleomargarine;  to  regulate  the  business  of  producing, 
buying  and  selling  dairy  products,  oleomargarine,  renovated  or  imita- 
tion butter  and  cheese;  to  provide  for  the  enforcement  of  its  pro- 
visions and  for  the  punishment  of  violations  thereof,  and  appropria- 
ting money  therefor  and  to  repeal  section  17  of  an  act  approved 
March  4,  1897,  entitled  "An  act  to  prevent  deception  in  the  manu- 
facture and  sale  of  butter  and  cheese,  to  secure  its  enforcement,  and 
to  appropriate  money  therefor,"  and  to  repeal  all  acts  and  parts  of 
acts  inconsifc'tent  with  this  act. 

[Approved  April  21,  1911.     Stats.  1911,  p.  959. J 
Amended  1915,  pp.  332,  352,  1456  1917,  p.  1&54. 
The  amendment  of  1917  follows: 

§  la.  Milk  containers  to  be  cleansed.  Every  person,  firm  or  corpora- 
tion, not  a  common  carrier,  who  receives  from  a  common  carrier  in  cans, 
bottles,  vessels,  or  other  containers,  to  be  thoroughly  cleansed  and 
intended  for  human  consumption,  which  has  been  transported  over  any 
railroad,  or  boat  or  freight  line,  or  by  other  common  carrier,  or  auto 
truck,  which  said  cans,  bottles,  vessels,  or  other  containers,  are  to  be 
returned  to  the  consignor  or  shipper,  shall  cause  the  said  empty  cans, 
bottles,  vessels,  or  other  containers,  any  milk,  cream  and  ice  cream 
sterilized  by  boiling  water  or  superheated  steam  before  return  shipment 
of  the  same;  provided,  further,  that  all  empty  cans,  bottles,  vessels, 
or  other  containers,  delivered  to  the  consumer  by  the  retailer  shall  be 
thoroughly  and  immediately  cleansed  before  returning  the  same  to  the 
dealer  or  distributor.  [New  section  added  Juno  1.  1917;  Stats.  1917,  p. 
1657.] 

§2.  Unsanitary  dairies.  A  dairy  shall  be  deemed  unsanitary  within 
the  meaning  of  this  act,  among  other  causes  that  render  milk,  or  pro- 
ducts made  therefrom,  unclean,  impure,  and  unhealthy,  in  the  following 
cases : 

(a.)  If  the  drinking  water  is  stagnant,  polluted  with  manure,  urine, 
drainage,  decaying  vegetable  or  animal  matter. 

(b)  If  the  yards  or  inclosures  are  filthy  or  unsanitary  or  if  any  part 
of  such  yards  or  inclosures,  other  than  pastures,  are  made  the  deposi- 
tories of  manure  in  heaps  or  otherwise  where  it  is  allowed  to  ferment  and 
decay. 

(c)  If  a  suitable  milk  house  or  rooHi  is  not  proviiied  and  maintained, 
properly  screened  to  exclude"  flies  and  insects,  for  the  purpose  of  cooling, 
mixingj  canning,  and  keeping  the  milk.  Said  milk  house  or  room,  shall 
not   be   located    in   or  be   a    part   of   any   residence,   or   dwering-house,   or 


Act  473,  §  25  GENERAL    LAWS.  618 

any  bam  or  poultry-house,  and  shall  not  be  used   for  any  other  purpose 
whatsoever. 

(d)  If  any  milk  or  cream  shall  be  cooled,  stored,  mixed,  canned,  or 
kept  in  any  room  or  place  which  is  occupied  by  any  person  or  persons 
as  a  sleeping  or  living  apartment,  or  occupied  by  horses,  cows,  hogs  or 
other  animals,  or  fowls  of  any  kind,  and  if  the  milk  or  cream  shall  not 
be  cooled  to  as  low  a  temperature  as  practicable  within  one  hour  after 
it  is  drawn  from  the  cows. 

(e)  If  any  urinal,  privy  vault,  open  cesspool,  horse  stable,  pig-pen, 
stagnant  water,  accumulation  of  manure  or  other  filth  shall  be  permitted 
within  one  hundred  feet  of  any  such  milk  house  or  room,  or  within  fifty 
feet  of  any  cow  stalls  or  stanchions  or  other  place  where  milking  is  done. 

(f)  If  the  walls  become  soiled  with  manure,  urine  or  other  filth. 

(g)  If  to  the  interior  of  cattle  stables,  barns,  milking-sheds,  milk  house 
or  room,  an  application  of  lime  whitewash  is  not  made  at  least  once  in 
two  years,  or  oftener  if  In  the  judgment  of  the  agent  of  the  state  dairy 
bureau  it  is  needed,  or  if  in  the  mangers,  or  other  receptacles  from  which 

■cows  are  fed,  decaying  food  or  other  material  is  allowed  to  accumulate. 

(h)  If  the  pails,  cans,  bottles  or  other  containers  of  milk,  or  its  pro- 
ducts, or  the  strainers,  coolers  or  other  utensils  coming  in  contact  with 
the  milk  or  its  products,  are  not  sterilized  by  boiling  water  or  super- 
heated steam  each  and  every  time  the  same  are  used. 

(i)  If  the  person  or  wearing  apparel  of  the  dairyman,  his  employees, 
or  other  persons,  who  come  in  contact  with  milk  and  its  products,  are 
soiled  or  not  washed  from  time  to  time  with  reasonable  frequency. 

§25.  Weighing  and  sampling  milk.  Testing  milk.  Tester  licensed 
by  state  dairy  bureau.  License  valid  one  year.  License  to  receive  milk 
on  basis  of  butter  fat  contained.  License  fees.  It  shall  be  unlawful 
for  any  hauler  of  milk,  or  cream,  or  any  person,  firm  or  corporation  re- 
ceiving or  purchasing  milk  or  cream  by  weight  or  test  or  both,  or  by 
measure  or  test  or  both,  to  fraudulently  manipulate  the  weight,  measure 
or  test  of  milk  or  cream  of  any  person  or  to  take  unfair  samples  thereof, 
or  to  fraudulently  manipulate  such  samples.  The  hauler  or  other  agent 
shall  weigh  or  measure  the  milk  or  cream  of  each  patron  accurately 
and  correctly  and  shall  report  .sutli  weights  or  measurements  accurately 
and  correctly  to  the  creamery  or  factory.  He  shall  thoroughly  mix  the 
milk  or  cream  of  each  patron  by  pouring  or  stirring  until  such  milk  or 
cream  is  uniform  and  homogeneous  in  richness,  before  the  sample  is 
taken  from  milk  or  cream.  When  the  weighing  or  sampling  is  done 
at  the  creamery,  shipping  station  or  factory,  the  same  rule  shall  apply. 

It  shall  be  unlawful  for  any  person,  firm  or  corporation,  by  himself 
or  as  the  agent,  servant,  employee  or  officer  of  any  person,  firm  or  cor- 
poration receiving  or  purchasing  milk  or  cream  on  the  basis  of  the 
amount  of  butter  fat  contained  therein,  to  under-read,  over-read  or  other- 
wise fraudulently  manipulate  the  Babcock  test  used  for  determining  the 
per  cent  of  butter  fat  in  milk  or  cream,  or  to  falsify  the  records  thereof 
or  to  read  the  test  at  any  other  temperature  than  the  correct  one,  which 
is  one  hundred  thirty  degrees  to  one  hundred  forty  degrees  Fahrenheit, 
or  to  pay  on  the  basis  of  any  measurements  or  weight  except  the  true 


619  BUTTER.  Act  473,  §  26 

nieasureniciit  or  weight,  wliich  is  seveuteeu  uud  six-teuths  cubic  centi- 
meters for  milk  and  nine  grams  or  eighteen  grams  for  cream;  provided, 
that  in  all  tests  for  croam  the  cream  shall  be  weighed  into  the  test 
bottle.  All  testing  of  milk  or  cream  purchased  on  the  basis  of  the 
amount  of  butter  fat  contained  therein,  shall  be  done  by  a  licensed  tester 
who  shall  supervise  and  be  responsible  for  the  operation  of  the  Babcock 
test  of  milk  or  cream.  The  license  shall  be  issued  to  such  person  by 
the  state  dairy  bureau  whose  duty  it  shall  be  to  examine  into  the  quali- 
fications of  all  applicants  for  such  license,  and  every  such  applicant 
shall  satisfy  said  bureau  of  his  qualifications  and  comply  with  the  pro- 
visions  herein   before   any   license   shall   be  issued   to   him. 

The  license  shall  be  valid  for  the  term  of  one  year  unless  sooner  re- 
voked and  shall  be  revoked  by  the  state  dairy  bureau  if,  after  due 
notice,  the  license  has  failed  to  comply  with  the  laws,  rules,  and  regula- 
tions under  which  the  license  was  granted;  provided,  that  the  provisions 
of  this  section  shall  not  apply  to  individuals,  hotels,  restaurants  or  board- 
ing-houses buying  milk  or  cream  for  private  use. 

Every  creamery,  shipping  station,  milk  factory,  cheese  factor}',  ice 
cream  factory,  condensory,  or  any  person,  firm  or  corporation  receiving 
or  purchasing  milk  or  cream  on  the  basis  of  butter  fat  contained  therein, 
shall  be  required  to  hold  a,  license  so  to  do.  The  license  shall  be  is- 
sued to  such  creamery,  shipping  station,  milk  factory,  condensory,  ice- 
cream factory,  cheese  factory,  or  person,  firm  or  corporation  by  the  state 
dairy  bureau  upon  complying  with  all  sanitary  laws,  rules  and  regula- 
tions of  the  state  of  California  and  upon  complying  with  the  provisions 
of  this  act  and  upon  payment  of  a  license  fee  as  provided  for  in  this 
section.  This  license  shall  be  valid  for  the  term  of  one  year  unless 
sooner  revoked,  and  shall  be  revoked  by  the  state  dairy  bureau  if,  after 
due  notice,  the  licensee  fails  to  comply  with  the  laws,  rules  and  regula- 
tions under  which  it  was  granted;  provided,  that  the  provisions  of  this 
section  shall  not  apply  to  individuals,  hotels,  restaurants,  and  boarding 
houses  buying  milk  or  cream  for  private  use. 

The  testers'  license  shall  be  issued  upon  compliance  with  the  provi- 
sions of  this  act  and  upon  payment  by  the  applicant  to  the  state  dairy 
bureau  of  the  sum  of  one  dollar.  The  creamery  license  shall  be  issued 
upon  compliance  with  the  provisions  of  this  act,  and  upon  payment  by 
the  applicant  to  the  state  dairy  bureau  of  one  dollar.  The  money  for 
license  fees  as  provided  for  in  this  section  shall  be  paid  by  the  state 
dairy  bureau  into  the  state  treasury  and  shall  become  a  part  of  the  funds 
for  the  use  of  the  state  dairy  bureau.  [New  section  added  June  1,  1917; 
Stats.  1917,  p.  1657.  Old  section  25  repealed  June  1,  1917;  Stats.  1917, 
p.  1657.] 

§  26.  Inspection  of  Babcock  test  bottles.  Fee  for  testing.  Every 
person,  firm  or  corporation  receiving  or  purchasing  milk  or  cream  on  the 
basis  of  the  amount  of  butter  fat  contained  therein  as  determined  by 
the  Babcock  test,  shall  use  the  standard  Babcock  test  bottles,  pipettes 
and  accurate  weights  and  scales  as  defined  in  this  act,  and  all  Babcock 
test  bottles  and  pipettes  shall  have  been  inspected  for  accuracy  by  the 
state  dairy  bureau  or  its  agent  and  shall  be  legibly  and  indelibly  marked 
by  the  state  dairy  bureau  or  ita  agents  with  the  letters  "D.  B." 


Act  473,  §  27  GENERAL   LAWS.  620 

It  shall  be  unlawful  for  any  firm  or  corporation  or  any  of  their  agents 
to  use  any  other  than  standard  test  bottles  and  pipettes  wliich  have 
been  examined  and  marked  as  provided  by  this  section,  to  determine 
the  amount  of  fat  in  milk  or  cream  received  or  purchased  on  the  butter 
fat  basis. 

For  all  testing  of  glassware  by  the  said  state  dairy  bureau  or  its 
agent,  a  fee  of  five  cents  shall  be  paid  by  the  owner  of  said  glassware 
to  the  state  dairy  bureau  for  every  piece  of  glassware  so  examined,  and 
said  fee  shall  be  used  by  the  state  dairy  bureau  to  defray  the  cost  of 
testing  such  glassware.  [New  section  added  June  1,  1917;  Stats.  1917, 
p.  1659.     Old  section  26,  repealed  June  1,  1917;  Stats.  1917,  p.   1659.] 

§  27.     Specifications    for    standard    Babcock    testing    glassware.     The 

term  "standa'rd  Babcock  testing  glassware"  shall  apply  to  glassware 
and  weights  complying  to  the  following  specifications:  (a)  Graduation 
for  milk  test  bottles.  The  total  per  cent  graduation  shall'  be  eight.  The 
graduated  portion  of  the  neck  shall  have  a  length  of  not  less  than  sixty- 
three  and  five-tenths  millimeters  (two  and  one-half  inches),  the  gradua- 
tion shall  represent  whole  per  cent,  five-tenths  per  cent,  and  tenths  per 
cent.  The  tenths  per  cent  graduation  shall  not  be  less  than  three  milli- 
meters in  length;  the  five-tenths  per  cent  graduations  shall  be  one  milli- 
meter longer  than  the  tenths  per  cent  graduations,  ^projecting  one  milli- 
meter to  the  left;  the  whole  per  cent  graduations  shall  extend  at  least 
one-half  way  around  the  neck  to  the  right  and  projecting  two  milli- 
meters to  the  left  of  the  tenths  per  cent  graduations.  Each  per  cent 
graduation  shall  be  numbered,  the  number  being  placed  on  the  left  of 
the  scale.  The  error  at  any  point  of  the  scale  shall  not  exceed  one-tenth 
per  cent. 

The  neck  shall  be  cylindrical  and  the  cylindrical  shape  shall  extend 
for  at  least  nine  millimeters  below  the  lower  and  above  the  highest 
mark.  The  top  of  the  neck  shall  be  flared  to  a  diameter  of  not  less 
than  ten  millimeters. 

The  capacity  of  the  bulb  up  to  the  junction  of  the  neck  shall  not  be 
less  than  forty-five  c.  c.  (cubic  centimeters).  The  shape  of  the  bulb 
may  be  either  cylindrical  or  conical  with  the  smallest  diameter  at  the 
bottom.  If  cylindrical,  the  outside  diameter  shall  be  between  thirty-four 
and  thirty-six  millimeters;  if  conical,  the  outside  diameter  of  the  base 
shall  be  between  thirty-one  and  thirty-three  millimeters,  and  the  max- 
imum diameter  between  thirty-five  and  thirty-seven  millimeters.  The 
charge  of  the  bottle  shall  be  eighteen  grams.  The  total  height  of  the 
bottle  shall  be  between  one  hundred  fifty  and  one  hundred  sixty-five 
millimeters  (five  and  seven-eighths  and  six  and  one-half  inches.) 

(b)  Two  types  of  bottles  shall  be  accepted  as  standard  cream  test 
bottles,  a  fifty  per  cent  nine  gram  long-neck  bottle,  and  a  fifty  per  cent 
eighteen  gram  long-neck  bottle. 

Fifty  per  cent,  nine  gram,  long-nock  bottle.  The  same  specifications 
in  every  detail  as  specified  for  the  fifty  per  cent  nine  gram,  short-neck 
bottle  shall  apply  for  the  long-neck  bottle,  with  the  exception,  however, 
that  the  total  height  of  this  bottle  shall  be  between  two  hundred  ten 
and  two  hundred  thirty-four  millimeters  (eight  and  one-fotirth  and  eight 


621  BUTTER.  Act  473,  §  35 

aud  seven-eightiis  inches)  aud  tliat  the  total  length  of  the  graduation 
shall  be  not  less  than  one  hundred  twenty  millimeters. 

The  fifty  per  cent,  eighteen  gram,  long-neck  bottle.  The  same  specifi- 
cations in  every  detail  as  specified  for  the  fifty  per  cent,  nine  gram, 
long-neck  bottle,  shall  apply,  with  the  excejation  that  the  charge  of  the 
bottle  shall  be  eighteen  grams,  and  the  mark  defining  the  weight  of  the 
charge  placed  at  the  top  of  the  neiik  shall  be  eighteen. 

The  total  length  of  the  standard  Babcock  pipette  shall  be  not  more 
than  three  hundred  thirty  millimeters  (thirteen  and  one-fourth  inches.) 
Outside  diameter  of  suction  tube,  six  to  eight  millimeters.  Length  of  suc- 
tion tube,  one  hundred  thirty  miliilmeters.  Outside  diameter  of  delivery 
tube  four  and  five-tenths  to  five  and  five-tenths  millimeters.  The  length 
of  delivery  tube  one  hundred  to  one  hundred  twenty  millimeters.  Dis- 
tance of  graduation  mark  above  bulb,  thirty  to  sixty  millimeters.  Nozzle 
straight.  Delivery  seventeen  and  six-tenths  cubic  centimeters  of  water 
at  twenty  degrees  centigrade  in  five  to  eight  seconds. 

The  sensibility  of  all  scales  used  for  weighing  cream  samples  into 
the  test  bottles  shall  be  not  more  than  thirty  milligrams  and  the  stand- 
ard weights  shall  be  nine  grams  and  eighteen  grams. 

In  all  testing  of  milk  or  cream  where  the  same  is  received  or  pur- 
chased upon  the  basis  of  the  amount  of  butter  fat  contained  therein, 
the  Babcock  tester  shall  be  operated  at  the  proper  speed,  which  is  as 
follows: 

For  tester  with  diameter  of  fourteen  inches  the  speed  shall  be  between 
eight  hundred  twenty-five  and  eight  hundred  seventy-five  revolutions  per 
minute. 

For  tester  with  diameter  of  sixteen  inches,  the  speed  shall  be  between 
eight  hundred  twenty-five  and  eight  hundred  seventy-five  revolutions  per 
minute. 

For  tester  with  diameter  of  eighteen  inches,  the  speed  shall  be  be- 
tween seven  hundred  seventy-five  and  eight  hundred  twenty-five  revolu- 
tions per  minute. 

For  tester  with  diameter  of  twenty  inches,  the  speed  shall  be  between 
seven  hundred  twenty-five  and  seven  hundred  seventy-five  revolutions 
per  minute. 

For  tester  with  a  diameter  of  twenty-four  inches,  the  speed  shall  be 
between  five  hundred  seventy-five  aud  six  hundred  twenty-five  revolu- 
tions per  minute.  [New  section  added  June  1,  1917;  Stats.  1917,  p.  1659. 
Old  section  27  repealed  June  1,  1917;  Stats.  1917,  p.  1G57.]' 

§  35.  Branding  cheese.  Dairy  bureau  to  issue  brands.  Grades  of 
cheese  defined.  Unlawful  to  sell  without  brand.  Every  person,  firm  or 
corporation  who  shall  manufacture  cheese  in  the  state  of  California, 
shall  at  the  place  of  manufacture,  brand  distinctly  and  durably  on  each 
and  every  cheese  manufactured,  and  upon  the  package  or  box,  when 
shipped,  the  grade  of  cheese  manufactured,  as  follows:  "full-cream 
cheese,"  or  "half-skim  cheese,"   or   "skim   cheese." 

All  brands  for  branding  the  different  grades  of  cheese  shall  be  pro- 
cured from  the  state  dairy  bureau,  and  said  bureau  is  hereby  directed 
and  authorized  to  issue  to  all  persons,  firms  or  corporations,  upon  ap- 
plication   therefor,    uniform    brands,    consecutively    numbered,    of    the 


Act  508,  §  §  1;  2  GENERAL    LAWS.  G22 

different  grades  specified  in  this  section.  Tlie  state  dairy  bureau  shall 
keep  a  record  of  each  and  every  brand  issued,  and  the  name  and  location 
of  the  manufacturer  receiving  the  same.  No  manufacturer  of  cheese 
in  the  state  of  California  other  than  the  one  to  whom  such  brand  is 
issued,  shall  use  the  same,  and  in  case  of  a  change  of  location,  the  party 
shall  notify  the   bureau   of   such   change. 

The  different  grades  of  cheese  are  4iereby  defined  as  follows:  First: 
Such  cheese  onl}^  as  shall  have  been  manufactured  from  pure  milk,  and 
from  which  no  portion  of  the  butter  fat  has  been  removed  by  skimming 
or  otherwise,  and  having  not  less  than  fifty  per  cent  of  butter  fat  in  its 
water-free  substance,  which  shall  be  conspicuously  branded  as  "fuU- 
cream  cheese."  Second:  Such  cheese  only  as  shall  have  been  made  from 
pure  milk,  and  having  not  less  than  twenty-five  per  cent  of  butter  fat 
in  its  water-free  substance,  which  shall  be  conspicuously  branded  as  "half- 
skim  cheese."  Third:  Siich  cheese  only  as  shall  have  been  made  from 
pure  skim  milk,  which  shall  be  conspicuously  branded  as  "skim  cheese." 

No  person  or  persons,  firm,  association  or  corporation  shall  sell  or  offer 
for  sale  in  this  state  any  cheese  which  is  not  branded  either  "full-cream 
cheese,"  "half-skim  cheese,"  or  "skim  cheese,"  in  accordance  with  its 
butter  fat  content.  [Amendment  approved  June  1,  1917;  Stats.  1917, 
p.  1656.] 

§  42.  Disposition  of  fines.  One-half  of  all  the  fines  imposed  for  the 
violation  of  any  of  the  provisions  of  this  act  shall  be  paid  to  the  county 
in  which  the  fine  is  imposed.  The  other  one-half  shall  be  paid  to  the 
state  treasurer  and  shall  become  part  of  the  general  fund.  [Amendment 
approved  June  1,  1917;  Stats.  1917,  p.  1657.] 

TITLE  81. 
CALIFOENIA    EEDWOOD   PAKK. 
ACT  508. 

An  act   providing  for  the   enlargement  of  the   California  redwood  park, 
making  an  appropriation  for  the  purchase  of  additional  land  there- 
for, and  granting  power  to  the  California  redwood  park  commission 
to  purchase  the  same. 
[Approved  May  28,  1917.     Stats.  1917,  p.  ]2,S1.     In  effect  .Tuly  27,  1917. 

§  1.  Appropriation:  enlargement  of  California  redwood  park.  The 
Miin  of  one  hundred  fifty  thousand  dollars,  or  so  much  thereof  as  may 
be  necessary,  i.s  hereby  appropriated  out  of  any  money  in  the  state 
treasury  not  otherwise  appropriated,  and  wliicli  shall  be  used  for  the 
].iircliaso  by  the  California  redwood  park  commission  of  land  contiguous 
to  the  California  redwood  park  suitable  for  the  enlargement  of  said 
park.  Said  appropriation  sludl  lie  available  at  the  rate  of  fifteen  tliou- 
sand  dollars  a  year. 

§2.  Power  of  park  commission  to  purchase  land.  Tiie  California  red- 
wood ])ark  comiiiission  shall  have  the  power  to  purchase  said  land,  or  any 
jiortion  thereof,  as  in  it^i  jndgnieiit  shall  seem  most  suitable  for  an  addi- 
lioii    t(i    and    cnlargouMMit    of    said    California    redwood    park,    considering 


623  CALIFORNIA  SCHOOL   FOR  GIRLS.      Act  5111),  §§  2,  ;j 

the  protection  of  said  California  redwood  park  from  forest  fires,  and 
the  conserving  of  the  headwaters  of  the  streams  draining  said  California 
redwood  parlc,  and  of  the  stand  of  timber  or  trees  of  the  species  known 
as  Sequoia  sempervirens  on  said  lands  to  be  purchased;  or  it  may  pro- 
ceed by  action  at  law  to  colidemn  the  same,  or  any  portion  thereof. 

§  3.  Examination  of  abstracts  of  title.  No  payment  of  any  part  of 
said  sum  shall  be  made  until  an  abstract  or  abstracts  of  title  shall  have 
been  furnished  to  the  attorney  general  of  the  state  of  California,  show- 
ing that  the  lands  purchased,  and  the  whole  thereof,  are  free  from  any 
valid  liens  or  encumbrances  thereon,  and  it  is  hereby  made  the  duty  of 
said  attorney  general  to  examine  said  abstract  or  abstracts  of  title  and 
render  and  deliver  to  said  commission  his  opinion  in  writing,  certifying 
that  no  valid  liens  or  encumbrances  exist  thereon  and  that  the  title  to 
said  lands,  and  the  whole  thereof,  is  good  and  valid.  Said  opinion  of 
the  attorney  general,  together  with  said  abstract  or  abstracts  of  title 
shall  be  filed  in  the  office  of  the  secretary  of  state. 

TITLE  82. 
CALIFORNIA  SCHOOL  FOR  GIRLS. 
ACT  511b. 

An  act  to  establish  a  state  training  school  for  girls;  to  provide  for  the 
maintenance  and  management  of  the  same,  and  to  make  an  appro- 
priation  therefor. 

[Approved  June  14,  1913.     Stats.  1913,  p.  857.] 
Amended  191.5,  p.  53;  1917,  p.  473. 
The  amendment  of  1917  follows: 

§  2.  Penalty  for  aiding  escapes.  Any  person  who  knowingly  permits 
or  aids  any  inmate  of  the  California  School  for  Girls  to  escape  there- 
from or  conceals  her  with  the  intent  of  enabling  her  to  elude  pursuit, 
shall  be  guilty  of  a  misdemeanor.  Any  fugitive  from  said  school,  or 
from  the  parties  with  whom  she  has  been  placed  on  parole,  may  be  ar- 
rested and  returned  to  said  school  by  any  person,  upon  the  written  order 
of  the  superintendent  thereof.  [Amendment  approved  May  14,  1917; 
Stats.    1917,    p.    474.]. 

§  3.  Officers  of  board  of  trustees.  The  board  of  trustees  shall  elect 
annually  a  president,  a  vice-president  and  a  secretary,  whose  terms  of 
office  shall  be  one  year  or  until  their  successors  are  elected  and  qualified. 
No  one  but  a  member  of  the  board  shall  be  elected  president  or  vice- 
president  thereof.  The  board  shall  appoint  a  superintendent,  not  of  their 
own  number,  who  shall  be  a  woman  qualified  by  training  and  experience 
for  the  character  of  work  to  be  done  at  this  school,  and  fix  her  salary 
at  not  to  exceed  three  thousand  six  hundred  dollars  per  annum.  Such 
superintendent  shall  hold  office  at  the  pleasure  of  the  board.  [Amend- 
ment approved  May  14,  1917;  Stats.  1917,  p.  473.] 


Act  512a,  §  §  1-4  general  laws.  G24 

TITLE  83. 

CALIFORNIA   STATE  REFORMATORY. 
ACT  512a. 

All  act  providing  for  the  control  and  management  of  a  tract  of  land 
owned  bj  the  state  of  California  and  situated  in  the  county  of 
Napa,  in  said  state. 

[Approved  May  5,   1917.     Stats.   J917,  p.  250.     In  effect  .July  27,   1917.] 

§  1.  Board,  of  control  to  manage  land  in  Napa  county.  The  board  of 
control  of  the  state  of  California  is  hereby  authorized  and  directed  to 
take  charge  of,  manage  and  farm  for  the  use  and  benefit  of  the  state  and 
its  institutions,  all  of  that  certain  tract  of  laud  with  all  improvements 
and  appurtenances  thereto  attached,  and  formerly  known  as  the  "Fry 
Ranch,"  which  said  tract  of  land  is  situated  near  the  town  of  Ruther- 
ford in  the  county  of  Napa,  state  of  California,  and  being  that  certain 
property  i^urchased  by  the  state  under  the  provisions  of  an  act  of  the 
legislature  of  the  state  of  "California  entitled:  "An  act  to  establish  the 
California  state  reformatory;  to  provide  for  the  purchase  of  land  there- 
for, and  the  construction  of  buildings  and  other  improvements  in  con- 
nection therewith;  to  provide  for  the  commitment  and  transfer  of 
prisoners  thereto  and  therefrom;  to  provide  for  the  equipment,  conduct 
and  management  thereof;  and  to  make  an  appropriation  therefor," 
approved   April   24,   1911. 

§  2.  Use  of  water.  Said  board  of  control  shall  have  power  to  take 
and  conduct  therefrom  for  the  use  and  benefit  of  the  state  of  California 
such  quantity  of  water  as  may  be  determined  by  the  state  engineer  to 
be  necessary  for  the  use  of  the  Veterans'  Home  at  Yountville  and  the 
Napa  State  Hospital,  both  in  the  county  of  Napa,  and  to  acquire  rights 
of  way   by  purchase,  lease  or  condemnation  for  such  purpose. 

§  3.  Use  for  agricultural  purposes.  In  carrying  out  the  provisions  of 
this  act  the  board  of  control  shall  have  power  if  it  shall  be  deemed 
advisable,  to  co-operate  with  the  governing  board  of  any  state  institu- 
tion for  the  purpose  of  utilizing  said  property  for  agricultural  or  horti- 
cultural purposes  or  as  a  stock  or  dairy  farm  and  to  transfer  to  and  main- 
tain upon  said  property  any  stock,  cattle,  cows,  or  other  animals  now 
owned  or  hereafter  acquired  by  any  of  such  institutions  and  to  distribute 
to  such  institutions  by  arrangement  therewith  the  product  of  said  prop- 
erty or  of  the  animals  maintained  thereon. 

§  4.  Prisoners,  etc.,  not  to  be  kept  on  property.  From  and  after  the 
passage  of  tliis  act,  no  person  shall  be  committed  by  any  court  to  im- 
prisonment or  confinement  upon  said  property  in  the  county  of  Napa, 
and  no  prisoner  from  any  state  prison  or  reformatory,  and  no  patient 
from  any  state  hosj)ital  for  llie  insane,  shall  be  transferred  to,  kept, 
housed  or  retaineii  upon  said  |)roperty  by  the  state  board  of  control, 
or  by  tlie  snpcrintciKlciil  or  goNcniiiig  odicer  or  board  of  any  such 
institution. 


625 


CARQUINEZ  STRAITS — CEMETERIES.      ActS  542b,  545,  §  2 


TITLE  89a, 
CARQUINEZ   STKAITS. 
ACT  542b. 

An    act    providing   for    the    disposition    of    t-ertaiu    property. 
[Approved  April   21,   iSol.     Stats.  1851,  p.  305.] 
Amended   1917;   1917,  p.   193. 
The   amendment   of   1917  follows: 

§  2.  Leases  limited  to  fifty  years.  The  said  property  above  described, 
and  the  proceeds  thereof,  shall  be  disposed  of  by  the  trustees  of  said  town 
and  their  successors  in  office  for  the  improvement  of  the  said  town,  and 
for  the  benefit  of  commerce,  by  the  construction  of  wharves,  piers,  and 
docks,  and  otherwise;  provided,  that  these  lands  may  be  leased  for  a 
period  not  exceeding  fifty  years,  subject  to  all  of  said  uses  and  trusts. 
[Amendment   approved  April  24,   1917;   Stats.   1917,  p.   193.] 

TITLE  90. 

CEMETERIES. 
ACT  545. 

An  act  to  protect  public  health  from  infection  caused  by  exhumation  and 
removal  of  the  remains  of  deceased  persons. 
[Approved  April  1,  1878.     Stats.  1877-78,  p.  1050.] 
Amended  1889,  p.  130;   1917,  p.  30. 
Che  amendment  of  1917  follows: 

§  2.  Provisions  for  disinterring  remains.  Permits  to  disinter  or  ex- 
hume the  bodies  or  remains  of  deceased  persons,  as  in  the  last  section, 
may  be  granted;  provided,  the  person  applying  therefor  shall  produce 
a  certificate  from  the  coroner,  registrar, -the  physician  who  attended  such 
deceased  person,  or  other  physician  in  good  standing  cognizant  of  the 
facts,  which  certificate  shall  state  the  cause  of  death  or  disease  of  which 
the  person  died,  and  also  the  age  and  sex  of  such  deceased;  and  provided, 
further,  that  the  body  or  remains  of  deceased  Shall  be  enclosed  in  a 
metallic  case  or  coffin,  sealed  in  such  manner  as  to  prevent,  as  far  as 
practicable,  any  noxious  or  offensive  odor  or  effluvia,  escaping  therefrom, 
and  that  such  case  or  coffin  contains  the  body  or  remains  of  but  one 
person,  except  where  the  infant  children  of  the  same  parent  or  parents, 
or  parent  and  children  are  contained  in  such  case  or  coffin.  And  the 
permit    shall    contain    the    above    conditions    and   the   words    "Permit   to 

remove   and   transport   the   body   of  ,  age  ■ ,   sex  ,"  and  the 

name,    age,    and   sex    shall   be    written    therein.     [Amendment    approved 
April  5,  1917;  Stats.  1917,  p.  36.]. 
40 


Act  624,    §§2,7  GENERAL   LAWS.  626 

TITLE  106. 

COLD  STORAGE. 
ACT  624. 

Au  act  relating  to  cold  storage,  the  regulation  of  refrigerating  ware- 
houses, the  disposition  or  sale  of  food  kept  or  preserved  therein,  and 
defining  the  duties  of  the  state  board  of  health  in  relation  thereto. 

[Approved  June  13,  1913.     Stats.  1913,  p.  769.] 
Amended  1915,  p.  601;  1917,  p.  152. 
The  amendment  of  1917  follows: 

§  2.  Application  to  operate  cold  storage  plant.  License  fee.  Restau- 
rants, hotels,  etc.,  excepted.  Any  person,  firm  or  corporation  desiring  to 
operate  a  cold  storage  or  refrigerating  warehouse  wherein  shall  be  stored 
"articles  of  food"  for  a  period  exceeding  thirty  days,  shall  make  applica- 
tion in  writing  to  the  state  board  of  health  for  that  purpose,  stating  the 
location  of  its  plant  or  plants.  On  receipt  of  the  application  the  state 
board  of  health  shall  cause  an  examination  to  be  made  into  the  sanitary 
condition  of  said  plant  or  plants  and  if  found  to  be  in  a  sanitary  condi- 
tion and  otherwise  properly  equipped  for  the  business  of  cold  storage, 
the  state  board  of  health  shall  cause  a  license  to  be  issued  authorizing 
the  applicant  to  operate  a  cold  storage  or  refrigerating  warehouse  for 
and  during  a  period  of  one  year.  The  license  shall  be  issued  upon  pay- 
ment by  the  applicant  of  a  license  fee  to  the  state  board  of  health  for 
each  and  every  warehouse  or  j)lant  operated  by  applicant  under  the  pro- 
visions of  this  act  for  all  cold  storage  or  refrigerating  warehouses  or 
plants  having  a  capacity  of  ten  thousand  cubic  feet,  or  less,  a  fee  of  fif- 
teen dollars.  For  all  cold  storage  or  refrigerating  warehouses  or  plants 
having  a  capacity  of  more  than  ten  thousand  cubic  feet  and  less  than 
fifty  thousand  cubic  feet,  a  fee  of  thirty  dollars.  For  all  cold  storage  or 
refrigerating  warehouses  or  plants  having  a  capacity  of  more  than  fifty 
thousand  cubic  feet  and  less  than  one  hundred  thousand  cubic  feet,  a  fee 
of  forty  dollars.  For  all  cold  storage  or  refrigerating  warehouses  or 
jilants  having  a  capacity  of  one  hundred  thousand  cubic  feet  or  more, 
a  fee  of  fifty  dollars. 

The  secretary  of  the  -state  board  of  health  shall  keep  a  full  and  cor- 
rect account  of  all  fees  received  under  the  provisions  of  this  act,  and 
shall,  at  least  once  each  month,  deposit  all  such  fees  collected  with  the 
state  treasurer  and  make  a  detailed  report  covering  same  to  the  state  con- 
troller, and  such  moneys  shall  be  credited  to  the  appro]iriation  for  the 
Kiijiport  of  the  i)ure  food  and  drug  laboratory;  provide.!,  however,  that 
nothing  in  this  act  contained  shall  apply  to  cold  storage  or  cold  storage 
or  refrigerating  plants  or  warehouses  as  herein  defined  which  are  main- 
tained or  operated  by  restaurants,  hotels,  or  exclusively  retail  establish- 
iiients  not  storing  articles  of  food  for  other  persons.  lAiiUMi.lment  ap- 
proval   April    2U,   1917;    Stats.    1917,   p.   152.] 

§7.  Dates  of  receipt  and  withdrawal  marked  on  articles.  All  articles 
„f  food  uIhmi  d.'i'osite.r  in  col,!  storage  shall  be  marked  j.lainly  on  the 
r„i,t:nn('rs  in  whirl,  ih.'v  nrc  i,;ick(>d  or  on  tlie  iiidividuiil  article  with 
the  <late  of  recei|.t,  in   ;icc<,rdiincc   willi  such   rules  and   forms  as  may  be 


627  CORPORATIONS.  Act  755,  §  1 

prescribed  by  the  state  board  of  heallh,  under  the  autliority  hereinafter 
conferred;  and  when  removed  from  cold  storage  shall  be  marked  in  like 
manner  with  the  date  of  withdrawal.  [Amendment  approved  April  ''0 
1917;  Stats.  1917,  p.  153.]  "  ' 


TITLE  126. 

COEPORATIONS. 
Act  755. 

An  act  relating  to  corporations  and  to  the  issue  of  shares  by  them  with- 
out a  nominal  or  par  value. 

[Approved  May  29,  1917.     Stats.  1917,  p.  1321.     In  effect  July  28,  1917. | 

§  1.  Issuance  of  shares  without  nominal  or  par  value.  Equal  to  other 
shares.  Any  corporation  having  a  capital  stock  may  provide  in  its 
articles  of  incorporation  for  the  issuance  of  the  shares  of  stock  of  such 
corporation,  other  than  preferred  stock  having  a  preference  as  to  princi- 
pal, without  any  nominal  or  par  value  by  stating  in  such  articles: 

(1)  The  number  of  shares  that  may  be  issued  by  the  corporation  and, 
if  any  of  said  shares  be  preferred  stock,  the  amount  of  each  class  having 
a  preference  and  the  particular  character  of  such  preferences,  and  if  such 
preferred  stock  or  any  part  thereof  shall  have  a  preference  as  to  prin- 
cipal, the  par  value  of  each  share  thereof,  which  shall  be  one  dollar  or 
some  multiple  thereof  not  exceeding  one  hundred  dollars. 

(2)  The  amount  of  capital  with  which  the  corporation  will  carry  on 
business,  which  amount,  if  any  portion  of  the  shares  shall  be  preferred 
stock  having  a  preference  as  to  principal,  shall  be  a  sum  equal  to  the 
product  obtained  by  multiplying  the  par  value  of  such  preferred  shares 
by  the  whole  number  of  shares  that  may  be  issued  by  the  corporation, 
but  which  otherwise  shall  be  equal  to  the  product  obtained  by  multiply- 
ing one  dollar,  or  some  multiple  thereof  not  exceeding  one  hundred  dol- 
lars, by  the  whole  number  of  shares  that  may  be  issued  by  the  corpora- 
tion. 

Such  statements  in  the  articles  shall  be  in  lieu  of  any  statements  pre- 
scribed by  section  two  hundred  ninety  of  the  Civil  Code  of  the  state  of 
California  as  to  the  amount  of  its  capital  stock,  the  number  of  shares 
into  which  it  is  divided  and  the  par  value  thereof.  No  distinction  shall 
exist  between  any  shares  or  classes  of  shares  either  as  to  voting  power 
or  as  to  the  statutory  or  constitutional  liability  of  the  holders  thereof 
to  the  creditors  of  the  corporation,  and  each  share  of  stock  without  nominal 
or  par  value  shall  be  equal  in  every  other  respect  to  every  other  share 
authorized  to  be  issued,  subject  only  to  the  preferences  granted  to  the 
preferred  stock,  if  any,  as  stated  in  such  articles.  Certificates  for  shares 
without  nominal  or  par  value  shall  not  have  printed  or  otherwise  ex- 
pressed thereon  any  nominal  or  par  value  of  such  shares.  Such  corpora- 
tion may  issue  and  may  sell  its  authorized  shares  from  time  to  time  foi 
such  consideration  as  may  be  prescribed  in  the  articles  of  incorporation, 


Act755,  §§2,  3  GENERAL   LAWS.  628 

and  any  shares  sold  or  issued  for  such  consideration  shall  be  deemed, 
when  such  cousideratiou  shall  have  been  paid  or  delivered  to  the  corpora- 
tion, to  be  fully  paid. 

§  2.  Capital  fully  paid.  Liability  of  directors.  Capital  reduced  by 
dividends.  IS'o  corporation  authorized  to  issue  shares  in  accordance  with 
section  one  hereof  shall  begin  to  carry  on  business  or  shall  incur  any 
debts  until  the  amount  of  capital  stated  in  its  articles  of  incorporation 
shall  have  been  fully  paid  in  money  or  in  property  taken  at  its  actual 
value.  If  the  amount  of  capital  stated  in  its  articles  of  incorporation 
shall  at  any  time  be  increased,  such  corporation  shall  not  increase  the 
amount  of  its  indebtedness  then  existing  until  it  shall  have  received  in 
money  or  property  taken  at  its  actual  value  the  amount  of  such  increase 
of  its  stated  capital.  The  directors  of  any  corporation  assenting  to  the 
creation  of  any  debt  in  violation  of  this  section  shall  be  liable  jointly 
and  severally  for  such  debt.  Any  director  who,  because  of  any  such 
liability  under  this  section,  shall  pay  any  debt  of  the  corporation  shall 
be  subrogated  to  all  rights  of  the  creditor  in  respect  thereof  against  the 
corporation  and  its  jjroperty,  and  also  shall  be  entitled  to  contribution 
from  all  other  directors  of  the  corporation  similarly  liable  for  the  same 
debt  and  the  personal  representative  of  any  such  directar  who  shall  have 
died   before   making  such  contribution. 

No  such  corporation  shall  declare  any  dividend  which  shall  reduce  the 
amount  or  actual  value  of  its  capital  below  the  amount  stated  in  the 
articles  as  the  amount  of  capital  with  which  the  corporation  will  carry 
on  business.  If  any  such  dividend  shall  be  declared,  the  directors  under 
whose  administration  the  same  may  have  happened  (except  those  who 
may  have  cause  their  dissent  therefrom  to  be  entered  at  large  on  the 
minutes  of  the  directors  at  the  time,  or  were  not  present  when  the  same 
did  happen)  are,  in  their  individual  or  private  capacity,  jointly  and 
severally  liable  to  the  corporation  and  to  the  creditors  thereof  to  the 
full  amount  of  any  loss  sustained  by  such  corporation  or  by  its  creditors 
respectively  by  reason  of  such  dividend. 

§  3.  Aggregate  amount  of  capital  stock.  Par  value.  For  the  purpose 
of  any  rule  of  law  or  of  any  statutory  provision  relating  to  the  amount 
of  the  capital  stock  of  the  corporation  or  to  the  amount  or  par  value 
of  its  shares,  the  aggregate  amount  of  the  capital  stock  of  any  such 
corporation  formed  pursuant  to  this  act  shall  be  deemed  to  be  the  ag- 
gregate amount  of  capital  specified  in  the  articles  of  incorporation,  or 
in  any  certificate  of  increase  or  decrease  made  pursuant  to  the  provisions 
of  section  three  hundred  fifty-nine  of  the  Civil  Code,  as  the  amount  of 
capital  vvitli  wliich  the  corporation  will  carry  on  business;  the  amount 
or  the  ]i;n-  vulwc  of  each  share  of  preferred  stock  having  a  preference 
as  to  principal  sliall  be  deemed  to  be  the  amount  or  par  value  thereof  as 
stated  in  the  articles  of  incorporation,  and  the  amount  or  par  value  of 
each  other  share  shall  be  deemed  to  be  an  aliquot  part  of  the  aggregate 
capital  80  stated  in  such  articles  or  in  such  certificate  of  increase  or  de- 


629  CORPORATIONS.  Act  755a,  §§  1, 2 

crease,  in  excess  of  the  specified  amount  (if  any)  of  the  preferred  stock 
therein  authorized  to  be  issued  with  a  preference  as  to  principal. 

ACT  755a. 

An  act  to  provide  for  and  regulate  the  issuance  of  stock  without  nominal 
or  par  value  by  public  utility  corporations  now  existing  or  hereafter 
organized. 

[Approved  May  31,  1917.     titats.  1917,  p.  1367.     In  effect  .July  30,  1917.] 

§  1.  Issuance  of  shares  without  nominal  or  par  value  by  public  utility 
corporation.  Any  public  utility  corporation  as  defined  in  the  "public 
utilities  act"  hereafter  organized  may,  if  so  provided  in  its  articles  of 
incorporation,  issue  shares  of  stock  without  nominal  or  par  value.  Such 
articles  of  incorporation  shall  set  forth,  in  lieu  of  setting  forth  the 
amount  of  its  capital  stock  and  the  par  value  thereof,  the  number  of 
shares  into  which  its  capital  stock  is  divided,  and  shall  state  that  all 
such  shares  are  without  nominal  or  par  value;  or  such  articles  of  incor- 
poration shall  set  forth,  in  addition  to  sotting  forth  the  amount  of  its 
capital  stock  and  the  par  value  thereof,  a  provision  for  the  conversion 
or  exchange  of  shares  having  a  nominal  or  par  value  at  any  time  out- 
standing for  shares  without  nominal  or  par  value.  In  all  other  respects 
such  articles  shall  set  forth  the  matters  and  things  specified  in  section 
two  hundred  ninety  of  the  Civil  Code.  Any  such  corporation  may,  in 
common  with  otlier  corporations  formed  for  profit,  by  its  articles  of  in- 
corporation provide  for  the  classification  of  its  shares  of  capital  stock 
into  preferred  and  common   shares. 

§  2.  Resolution  to  issue  shares.  Ratification  by  stockholders.  Amended 
articles  of  incorporation.  Any  public  utility  corporation  now  or  here- 
after organized  which  shall  not  be  authorized  by  its  articles  of  incor- 
poration to  issue  shares  of  stock  without  nominal  or  par  value,  but  which 
desires  to  issue  shares  without  nominal  or  par  value,  may  do  so  by  a 
resolution  of  its  board  of  directors,' passed  and  adopted  at  any  regular 
or  special  meeting,  and  ratified  by  the  vote  of  stockholders  representing 
at  least  two-thirds  of  its  subscribed  or  issued  capital  stock  at  a  meeting 
called  for  that  purpose,  or  by  the  written  assent  of  stockholders  represent- 
ing at  least  two-thirds  of  its  subscribed  or  issued  capital  stock  filed  with 
the  secretary.  Such  resolution  shall  specify  that  such  corporation  pro- 
poses to  divide  its  capital  stock  into  shares  without  nominal  or  par  value 
and  to  issue  such  shares  of  stock  then  outstanding;  such  resolution  shall 
also  set  forth  the  number  of  shares  into  which  its  capital  stock  shall  be 
divided,  how  many  of  said  shares,  if  any,  shall  be  preferred  shares,  the 
terms  of  preference  of  any  preferred  shares,  and  the  basis  of  exchange 
of  such  shares  for  the  shares  of  stock  then  outstanding;  provided,  how- 
ever, that  no  such  resolution  shall  be  valid  which  sets  forth  a  basis  of 
exchange  which,  if  carried  out,  would  give  to  the  holders  of  any  class 
of  outstanding  stock  shares  evidencing  a  less  proportionate  interest  in 
the   capital  stock   or   earnings   of  the   corporation   than   the   outstanding 


Act  755a,  §§  3, 4  general  laws.  630 

shares  of  stock  held  by  them,  unless  such  resolution  is  ratified  by  the 
unanimous  vote  or  written  assent  of  the  holders  of  all  the  outstanding 
stock  of  the  class  prejudicially  affected,  but  with  such  ratification  such 
resolution  shall  be  valid.  Upon  the  ratification  of  such  resolution  by  the 
stockholders  by  vote  or  written  assent  as  aforesaid,  the  board  of  directors 
of  said  corporation  shall,"  without  further  assent  or  vote  of  the  stock- 
holders, cause  to  be  prepared  amended  articles  of  incorporation  setting 
forth  the  number  of  shares  into  which  its  capital  stock  is  divided  and  the 
fact  that  such  shares  are  without  nominal  or  par  value,  the  number  of 
shares,  if  any,  to  which  preference  is  granted,  and  the  nature  and  extent 
of  such  preference.  Such  amended  articles,  certified  to  as  correct  by 
the  president  and  secretary  and  a  majority  of  the  directors  under  the 
seal  of  said  corporation  shall  be  filed  in  the  office  of  the  county  clerk  of 
the  county  in  which- the  original  articles  of  incorporation  were  filed,  and  a 
copy  of  such  amended  articles  of  incorporation  certified  by  such  county 
clerk,  shall  be  filed  in  the  office  of  the  secretary  of  state.  A  copy  of  such 
amended  articles,  certified  by  the  secretary  of  state,  shall  be  filed  in 
the  office  of  the  county  clerk  of  every  county  in  which  such  corpora- 
tion has  or  holds  real  property,  except  only  the  county  in  which  the 
original  articles  were  filed.  From  and  after  the  filing  of  such  certified 
copy  of  such  amended  articles  of  incorporation  in  the  office  of  the  sec- 
Tetarj^  of  state,  all  outstanding  shares  of  capital  stock  shall  be  deemed 
shares  without  nominal  or  par  value.  Upon  the  surrender  of  all  or  any 
certificates  representing  such  outstanding  shares,  the  corporation  shall 
issue  to  the  holder  or  holders  thereof  a  certificate  or  certificates  repre- 
senting the  number  and  kind  of  shares  without  nominal  or  par  value 
to  which  such  holder  or  holders  may  be  entitled,  but  whether  or  not  such 
surrender  is  made,  all  outstanding  shares  shall,  for  all  purposes,  be  re- 
garded as  representing  the  number  and  kind  of  shares  without  nominal 
or  par  value  to  which  the  holder  or  holders  thereof  may  be  entitled. 

§  3.  Outstanding  shares  with  par  value.  No  such  corporation  shall  at 
any  time  have  outstanding  shares  of  stock  having'  a  nominal  or  par 
value  and  !it  the  same  time  have  outstanding  shares  of  stock  without 
iioiiiinal   (ir   jiar   \'alue. 

§  1.  When  shares  deemed  to  be  of  par  value.  For  the  purpose  of 
determining  the  amount  of  money  payable  to  the  secretary  of  state  for 
filing  articles  of  incorporation,  and  for  the  purpose  of  determining  the 
vote  of  the  stockholders  upon  the  question  of  the  increase  of  the  stock 
or  bonded  indebtedness  of  such  corporation,  but  for  no  other  purpose, 
such  shares  shall  be  deemed  to  be  of  the  par  value  of  one  hundred  dol- 
lars each.  The  words  "capital  stock"  and  "amount  of  capital  stock"  as 
u.sed  in  existing  laws  shall,  for  the  purpose  of  making  sucli  laws  appli- 
cable to  coriiorations  liaving  stock  without  nominal  or  par  value,  be  con- 
strued in  the  case  of  such  corjiorations  to  mean  the  aggregate  number 
of  KJiares  of  stock  without  nominal  or  jiar  value.  Except  as  in  this  act 
(itlicrwisc  proxidrd,  ;ill    iiroxisions  "f  liiw   rclutiug   to  stock  having  a  par 


631  CORPORATIONS.  Act  756,  §  1 

value,  so  far  as  the  same  may  be  legally,  necessarily  or  practically  appli- 
cable, shall   aj)ply  to  and  govern  stock   without   nominal  or  par  value. 

§  5.  Consent  of  railroad  commission.  No  public  utility  as  defined  in 
the  public  utilities  act  may  issue  any  share  of  stock  without  nominal 
or  par  value,  nor  shall  any  sliare  of  stock  or  any  stock  certificate  out- 
standing be  converted  into  or  deemed  to  be  converted  into  stock  without 
nominal  or  par  value,  without  the  consent  of  the  railroad  commission 
first  having  been  secured  in  accordance  with  the  provisions  of  the  public 
utilities  act,  and  the  jurisdiction  of  the  railroad  commission  with  refer- 
ence to  such  issue  and  such  conversion  of  stock  shall  be  in  all  respects 
the  same  as  that  defined  in  the  public  utilities  act  with  reference  to  the 
issue  by  public  utilities  of  stock  or  stock  certificates,  and  nothing  in 
this  act  shall  be  construed  to  in  any  way  limit  the  jurisdiction  of  the 
railroad  commission  under  the  public  utilities  act  over  the  issue  of  stock 
and    stock    certificates. 

ACT  756. 

An  act  prescribing  terms  and  conditions  upon  which  corporations  may 
transact  business  in  this  state  and  providing  penalties  and  for- 
feitures for  noncompliance. 

[Approved  May  10,  1915.     Stats.  1915,  p.  422.] 

The  entire  act  was  amended  in  1917  (Stats.  1917,  p.  371),  to  read  as 
follows: 

§  1.  Corporations  must  file  articles  of  incorporation.  Certified  copy 
filed  with  county  clerk.  Affidavit.  Fee.  Foreign  corporations  must  file 
amendments,  etc.  Affidavit  showing  capital  stock.  Representatives  of 
foreign  corporations.  Benefit  of  law.  Every  corporation  organized 
under  the  laws  of  another  state,  territory,  or  of  a  foreign  country,  which 
is  now  doing  interstate  or  intrastate  business  in  this  state  or  maintain- 
ing an  office  herein,  and  which  has  not  filed  with  the  secretary  of  state 
prior  to  the  day  on  which  this  act  takes  effect  the  document  or  docu- 
ments required  by  this  section,  or  which  shall  hereafter  do  such  business 
in  this  state  or  maintain  an  office  herein,  or  which  shall  enter  this  state 
for  the  purpose  of  doing  such  business  herein,  must  file  in  the  office  of 
the  secretary  of  state  of  the  state  of  California  a  certified  copy  of  its 
articles  of  incorporation,  or  of  its  charter,  or  of  the  statute  or  statutes, 
or  legislative,  or  executive,  or  governmental  act  or  acts  creating  it,  in 
eases  where  it  has  been  created  by  charter,  or  statute,  or  legislative,  or 
executive,  or  governmental  act,  duly  certified  by  the  secretary  of  state 
or  other  officer  authorized  by  the  law  of  the  jurisdiction  under  which 
such  corporation  is  formed  to  certify  such  copy,  and  must  also  file  a 
certified  copj^  thereof,  duly  certified  by  the  secretary  of  state  of  this 
state  in  the  office  of  the  county  clerk  of  the  county  where  its  principal 
place  of  business  in  this  state  is  located,  and  also  where  such  corpora- 
tion owns  any  real  property.  With  such  certified  copy  of  its  articles  of 
incorporation,  charter,  or  legislative,  executive  or  governmental  act 
creating  it,   such   corporation  shall   also  file  with   the  secretary  of  state 


Act  756,  §  1  GENERAL   LAWS.  632 

an  affidavit  sworn  to  by  the  president  or  secretary  of  such  corporation 
which  shall  state  the  amount  of  such  corporation's  authorized  capital  stock 
at  or  within  fifteen  days  prior  to  such  filing.  E'very  such  corporation  shall 
pay  to  the  secretary  of  state  for  filing  in  his  office  such  certified  copy  of 
its  articles  of  incorporation,  or  of  its  charter,  or  of  the  statute  or  stat- 
utes, or  legislative,  or  executive,  or  governmental  act  or  acts  creating 
it,  a  fee  of  seventy-five  dollars;  provided,  that  foreign  corporations 
organized  for  educational,  religious,  scientific  or  charitable  purposes  and 
having  no  capital  stock,  and  foreign  nonprofit  corporations  shall  pay  a 
fee  of  five  dollars  for  filing  the  document  or  documents  hereinabove 
required. 

Foreign  corporations  shall  also  file  any  amendment  of  or  change  in  any 
of  the  provisions  of  its  original  articles  of  incorporation,  or  charter,  or 
of  the  statute  or  legislative,  executive  or  governmental  act  or  acts  creat- 
ing it.  Every  foreign  corporation  subject  to  the  tax  hereinafter  pro- 
vided shall  file  with  the  secretary  of  state,  at  the  time  it  tenders  pay- 
ment of  said  tax  and  any  penalty  which  has  accrued,  an  affidavit  sworn 
to  by  its  president  or  secretary,  showing  the  amount  of  its  authorized 
capital  stock  on  the  first  day  of  January  of  the  year  in  which  said  pay- 
ment is  made,  and  in  the  event  that  such  authorized  capital  stock,  as 
shown  by  such  affidavit,  differs  from  the  amount  of  such  capital  stock 
as  appears  from  the  records  of  the  secretary  of  state,  then  the  tax  here- 
inafter provided  shall  be  measured  by  the  amount  of  the  capital  stock 
shown  in  such  affidavit.  The  license  hereinafter  required  shall  not  be 
issued  nor  shall  the  amount  so  tendered  be  accepted  until  copies  of  any 
documents  relating  to  such  change  in  authorized  capital  stock,  certified 
as  required  by  this  section,  shall  have  been  filed  with  the  secretary  of 
state. 

Every  foreign  corporation  shall  file  with  the  secretary  of  state  a  desig- 
nation of  some  person  residing  within  this  state  upon  whom  process 
issued  by  authority  of  law  may  be  served  as  the  representative,  for  such 
purpose,  of  such  corporation.  A  copy  of  such  designation  certified  by 
the  secretary  of  state  is  sufficient  evidence  of  the  appointment  of  such 
representative.  Such  process  may  be  served  on  the  person  so  designated, 
or,  in  the  event  that  no  such  representative  is  designated,  then  on  the 
secretary  of  state,  and  such  service  shall  be  a  valid  and  binding  service 
on   such   corporation. 

Every  corporation  which  complies  with  the  provisions  of  this  section 
is  thereafter  entitled  to  the  benefit  of  the  laws  of  this  state  limiting  the 
time  for  the  commencement  of  civil  actions,  but  any  corporation  created 
by  or  under  the  laws  of  any  foreign  state  or  country  and  that  has  not 
complied  with  this  section  is  not  entitled  to  the  benefit  thereof,  nor  can 
any  such  foreign  corporation  maintain  or  defend  any  action  or  proceed- 
ing concerning  its  projjerty  in  this  state  or  any  intrastate  business  or 
transaction,  in  any  court  of  this  state  or  acquire  or  convey  any  legal 
title  to  any  real  property  witliin  this  state.  In  any  action  or  proceeding 
instituted  against  any  body  styled  as  a  corporation,  but  not  created  by 
nor  under  the  laws  of  tliis  state,  evidence  that  such  body  has  acted  as 
n    r'()r|ior;it  ion,    or    «mii  ploycl    niPlliods    usually    iMn]iIoyed    by    corporations. 


633  CORPORATIONS.  Act756,  §§2, 3 

must  be  received  by  the  uourt  for  the  purpose  of  proving  the  existence 
of  such  corporation,  the  sufficiency  of  such  evidence  to  be  determined 
by  the  court  with  like  effect  as  in  other  cases.  Every  corporation  which 
has  complied  with  the  law  requiring  it  to  make  and  file  a  designation 
of  the  person  upon  whom  process  against  it  ma-y  be  served,  need  not 
make  or  file  any  further  designation.  Any  designation  made  may  be  re- 
voked by  the  filing  by  the  corporation  with  the  secretary  of  state  of  a 
writing  stating  such  revocation.  Within  forty  days  after  the  death  or 
removal  from  the  state  of  any  person  designated  by  the  corporation,  or 
after  the  revocation  of  the  designation,  the  corporation  must  make  a 
new  designation,  or  be  subject  to  the  provisions  and  penalties  of  this 
section;  provided,  however,  that  any  foreign  corporation  which,  prior 
to  the  eighth  day  of  March,  one  thousand  nine  hundred  one,  shall  have 
complied  with  the  provisions  of  the  act  entitled,  "An  act  to  amend  'An 
act  in  relation  to  foreign  corporations,'  approved  April  first,  one  thou- 
sand eight  hundred  seventy-two,"  approved  March  seventeenth,  one  thou- 
sand eight  hundred  ninety-nine,  shall,  in  lieu  of  the  provisions  of  this 
section  above  set  forth,  file  the  affidavit  and  designation  of  representa- 
tive herein  required  and  the  license  tax  due  from  such  corporation  shall 
be  measured  by  the  authorized  capital  stock,  as  shown  thereby. 

§  2.  Fees.  Upon  filing  in  the  office  of  the  secretary  of  state  the  cer- 
tified copy  of  articles  of  incorporation  of  corporations  organized  under 
the  laws  of  this  state,  there  sliall  be  paid  to  the  secretary  of  state  the 
fees  prescribed  therefor  by  section  four  hundred  nine  of  the  Political 
Code. 

§  3.  Annual  license.  Tax.  Determination  of  tax.  Tax  on  corpora- 
tions having  no  capital  stock.  Except  those  corporations  hereinafter 
specified,  every  corporation  incorporated  under  the  laws  of  this  state, 
and  every  corporation  incorporated  under  the  laws  of  any  other  state, 
territory,  or  foreign  country  now  doing  intrastate  business  within  this 
state,  or  which  shall  hereafter  engage  in  intrastate  business  in  this  state, 
shall  procure  annually  from,  the  secretary  of  state  a  license  authorizing 
the  transaction  of  such  business  in  this  state,  and  pay  therefor  the 
license  tax  prescribed  herein. 

For  the  purpose  of  measuring  said  tax  the  secretary  of  state  shall 
examine  all  articles  of  incorporation  and  all  documents  on  file  in  his 
office  relating  to  an  increase  or  decrease  in  the  authorized  capital  stock 
of  corporations  which  are  subject  to  said  tax,  and  determine  the  amount 
due   from  each   corporation  by  the  following  rule: 

When  the  authorized  capital  stock  of  the  corporation  does  not  exceed 
ten  thousand  dollars,  the  tax  shall  be  ten  dollars;  when  the  authorized 
capital  stock  exceeds  ten  thousand  dollars,  but  does  not  exceed  twenty 
thousand  dollars,  the  tax  shall  be  fifteen  dollars;  when  the  authorized 
capital  stock  exceeds  twenty  thousand  dollars  but  does  not  exceed  fifty 
thousand  dollars,  the  tax  shall  be  twenty  dollars;  when  the  authorized 
capital  stock  exceeds  fifty  thousand  dollars  but  does  not  exceed  one 
hundred  thousand  dollars,  the  tax  shall  be  twenty-five  dollars;  when  the 
authorized  capital  stock  exceeds  one  hundred  thousand  dollars  but  does 


Act  756,  §§  4,  5  GENERAL   LAWS.  634 

not  exceed  two  hundred  fifty  thousand  dollars,  the  tax  shall  be  fifty  dol- 
lars; when  the  authorized  capital  stock  exceeds  two  hundred  fifty  thou- 
sand dollars  but  does  not  exceed  five  hundred  thousand  dollars,  the  tax 
shall  be  seventy-five  dollars;  when  the  authorized  capital  stock  exceeds 
five  hundred  thousand  dollars  but  docs  not  exceed  one  million  dollars, 
the  tax  shall  be  one  hundred  dollars;  when  the  authorized  capital  stock 
exceeds  one  million  dollars  but  does  not  exceed  three  million  dollars, 
the  tax  shall  be  two  hundred  dollars;  when  the  authorized  capital  stock 
exceeds  three  million  dollars  but  does  not  exceed  five  million  dollars, 
the  tax  shall  be  three  hundred  fifty  dollars;  when  the  authorized  capital 
stock  exceeds  five  million  dollars  but  does  not  exceed  seven  million  five 
hundred  thousand  dollars,  the  tax  shall  be  five  hundred  fifty  dollars; 
when  the  authorized  capital  stock  exceeds  seven  million  five  hundred 
thousand  dollars  but  does  not  exceed  ten  million  dollars,  the  tax  shall 
be  eight  hundred  dollars;  when  the  authorized  capital  stock  exceeds  ten 
million  dollars,  the  tax  shall  be  one  thousand  dollars;  when  the  capital 
stock  of  any  corporation  has  no  par  value  the  tax  shall  be  one  hundred 
dollars;  when  part  of  the  capital  stock  of  any  corporation  has  a  par 
value  and  a  part  of  such  stock  has  no  par  value,  the  tax  shall  be  com- 
puted upon  such  par  valuestock  in  accordance  with  the  admeasurement 
schedule  herein  established,  to  which  sum  shall  be  added  the  sum  of  fifty 
dollars.  Building  and  loan  companies  and  associations  shall  pay  an 
annual  license  tax  of  ten  dollars. 

All  corporations  having  no  capital  stock,  but  organized  for  profit,  shall 
jiay  an  annual  tax  of  ten  dollars.  Said  license  tax  shall  be  due  and 
payable  to  the  secretary  of  state  on  the  first  day  of  January  of  each  and 
every  year.  Such  license  tax  shall  be  paid  on  or  before  the  hour  of  six 
o'clock  P.  M.  of  the  first  Monday  of  February  of  each  year  and  if  not 
so  paid  shall  at  said  hour  become  delinquent  and  there  shall  thereupon 
be  added  thereto  as  a  penalty  for  such  delinquency  the  sum  of  ten 
dollars. 

§  4.  Tax  authorizes  transaction  of  business.  The  license  hereby  pro- 
vided authorizes  the  domestic  corporations  holding  the  same  to  transact 
business  in  this  state,  and  authorizes  foreign  corporations  to  transact  in- 
trastate business  in  this  state,  during  the  year  or  any  fractional  part  of 
such  year  for  which  such  license  is  issued.  "Year"  within  the  mean- 
ing of  this  act,  moans  from  and  including  the  first  day  of  January  to  and 
including  the  thirty-first  day  of  December  next  thereafter. 

§5.  License  tax  for  part  of  year.  At  the  time  any  corporation  sub- 
ject to  llic  license;  tax  provided  herein  shall  file  certified  copy  of  articles 
of  incorporation,  or  charter,  or  statute  or  statutes,  or  legislative,  or 
executive  or  governmental  act  or  acts  creating  a  corporation,  when  filed 
Iictwcen  the  first  day  of  January  and  the  thirty-first  day  of  December, 
inclusive,  in  any  year,  the-'e  shall  l)e  paid  to  the  secretary  of  state,  in 
addition  to  all  other  fee.s  required  by  law,  that  proportion  of  the  license 
tax  specified  in  section  three  of  this  act  which  the  unexpired  number  of 
months  of  such  year  bears  to  the  entire  year  including  the  month  in 
which  such  filing  occurs,  and  tliercupon  tlie  secretary  of  state  shall  issue 
a   license    fi>r   such    fvin'tioiinl    part    of    the    tlicn    current   year. 


635  C0RP0RATI0N8.  Act  756,  §§6-8 

§  6.  Corporations  exempt.  Corporations  organized  and  conducted 
solely  and  exclusively  for  educational,  religious,  scientific  or  charitable 
purposes,  corporations  which  are  not  organized  or  conducted  for  profit, 
corporations  organized  under  the  laws  of  any  other  state,  territory  or 
foreign  country  doing  solely  and  exclusively  an  interstate  or  foreign  liusi- 
ness,  and  those  corporations  taxed  under  subdivisions  (a),  (b)  and  (c)  of 
section  fourteen  of  article  thirteen  of  the  constitution,  are  exempt  from 
I)ayment   of  the  tax  provided  by   section   three  of  this  act. 

§  7.  "Corporation  license  tax  exemption  board."  Protest.  Contents. 
Corporations  excepted.  The  secretary  of  state,  state  controller  and  meni- 
hers  of  the  state  board  of  control  shall  be  and  are  hereby  constituted 
the  "corporation  license  tax  exemption  board."  Except  in  cases  where 
articles  of  incorporation  are  filed  in  the  month  of  December,  every  cor- 
poration claiming  exemption  from  the  payment  of  the  annual  license 
tax  prescribed  by  this  statute  must  file  with  said  board,  at  least  thirty 
days  before  such  license  tax  becomes  due  and  payable,  a  written  protest 
in  which  shall  be  set  forth  all  facts  and  reasons  upon  which  such  exemp- 
tion claim  is  made.  Such  protest  shall  contain  a  concise  statement  of 
the  nature,  character  and  manner  of  doing  business  by  such  corporation, 
together  with  any  other  data  illustrating  the  method  of  doing  such  busi- 
ness and  the  places  in  which  such  business  is  transacted  within  this  state. 
Such  corporation  shall  furnish  to  said  board  such  other  or  additional  in- 
formation as  may  Be  required  by  said  board.  Such  application  shall  be 
sworn  to  by  the  president,  secretary  or  general  manager,  or  authorized 
agent  of  such  corporation.  Failure  to  protest  in  the  manner  and  within 
the  time  herein  prescribed  shall  constitute  a  waiver  of  all  rights  of 
exemption  from  said  tax;  provided,  however,  that  the  corporation  license 
tax  exemption  board  shall  have  the  power,  irrespective  of  such  protests 
to  grant  such  exemption  in  the  ease  of  corporations  mentioned  in  section 
six  of  this  act. 

The  provisions  of  this  section  with  respect  to  filing  written  claim  of 
exemption,  shall  not  apply  to  educational,  religious,  spientific  or  chari- 
table corporations,  specified  in  section  six  of  this  act  nor  to  corporations 
taxed  under  subdivisions  (a),  (b)  and  (c)  of  section  fourteen,  article 
thirteen  of  the  constitution  of  this  state. 

§  8.     Tax  exemption  determined  before  filing  articles  of  incorporation. 

Before  filing  a  certified  copy  of  the  articles  of  incorporation  of  any 
domestic  corporation  in  the  office  of  the  secretary  of  state,  and  before 
any  foreign  corporation  files  with  the  secretary  of  state  the  document  or 
documents  required  by  section  one  of  this  act,  said  articles  of  incorpora- 
tion or  said  documents  shall  be  submitted  to  said  corporation  license  tax 
exemption  board,  which  board  shall  determine  the  question  of  whether 
such  corporation  is  exempt,  under  any  of  the  provisions  of  this  act,  from 
the  license  tax  imposed  hereby. 

All  claims  or  applications  for  exemption,  under  this  and  the  preceding 
section  together  with  all  evidence  and  proofs  submitted  therewith,  shall 
be  considered  by  such  license  tax  exemption  board,  which  shall  deter- 
mine the  question  of  such  exemption.  The  determining  of  such  corpora- 
tion license  tax  exemption  board  upon  all  questions  of  fact,  with  respect 
to  such  claims  of  exemption,  shall  be  final  and  conclusive. 


Act  756,  §§  9-11  GENERAL   LAWS.  636 

§  9.  Notice  of  time  when  tax  payable.  Notice  of  delinquency.  Notice 
of  suspension  or  forfeiture.  On  or  before  the  first  day  of  December  of 
each  year  the  secretary  of  state  shall  mail  a  notice  to  every  corporation 
subject  to  the  tax  imposed  by  this  act,  notifying  such  corporations  of 
the  time  when  such  tax  shall  be  due  and  payable,  when  delinquent,  and 
of  the  penalties  for  delinquency  and  nonpayment.  Immediately  after 
the  first  Monday  in  February  of  each  year  the  secretary  of  state  shall 
mail  a  notice  to  every  corporation  subject  to  the  tax  imposed  by  this 
act  and  which  has  failed  to  pay  the  same,  notifying  such  corporation 
of  its  delinquency  and  the  penalties  therefor.  Within  ten  days  after 
the  Saturdaj^  preceding  the  first  Monday  in  March  of  each  year  the  secre- 
tary of  state  shall,  by  registered  mail,  notify  every  corporation  subject 
to  the  tax  imposed  by  this  act  and  which  has  failed  to  pay  the  same,  thav; 
such  corporation  has  been  recorded  by  him  as  a  "suspended"  or  "foj- 
feited"  corporation  in  accordance  with  the  provisions  of  this  act,  and 
that  such  suspension  or  forfeiture  may  be  removed  by  complying  with 
the  provisions  of  this  act.  Mailing  by  the  secretary  of  state  to  any  cor- 
poration of  any  of  the  notices  recjuired  by  this  section  shall  not  be  a 
jurisdictional  prerequisite  to  the  accrual  of  any  forfeiture  provided  by 
this  act,  or  to  the  suspension  of  the  corporate  powers  of  any  delinquent 
corporation  and  the  officers  thereof  hereinafter  provided,  nor  be  held  to 
be  an  essential  prerequisite  to  the  imposition  of  such  or  any  other  pen- 
alties for  delinquency  and  nonpayment. 

§  10.  License  tax  lien.  The  license  tax  due  from  any  corporation  sub- 
ject to  the  provisions  of  this  act  is  a  lien  upon  the  real  property  of  such 
corporation  from  and  after  the  first  day  of  January  of  each  year  and  until 
paid  or  until  the  property  is  sold  for  the  payment  thereof.  On  or  before 
the  first  Monday  in  April  of  each  year  the  secretary  of  state  shall  make  a 
list  of  all  corporations  subject  to  the  tax  imposed  by  or  that  should  have 
been  paid  under  this  act  and  which  have  failed  to  pay  the  same,  and 
transmit  a  certified  copy  thereof  to  each  county  clerk  and  county  re- 
corder in  this  state.  Said  county  clerks  and  county  recorders  shall  file 
such  certified  copies  in  their  respective  offices  in  such  manner  that  the 
same  shall  be  preserved  in  the  form  of  a  permanent  record  of  such  office 
and  easily  identified  by  and  available  to  the  public.  Said  copies  so  certi- 
fied by  the  secretary  of  state  and  filed  as  herein  provided  shall,  in  the 
case  of  each  corporation,  state  whether  such  corporation  is  a  domestic 
or  foreign  corporation  and  specify  the  tax  and  penalties  which  each  cor- 
[loration  has  incurred  for  failure  to  pay  the  tax  imposed  by  this  act. 
Such  certified  copies  so  filed  with  either  of  said  county  officers,  or  any 
copy  tliereof  certified  by  the  secretary  of  state,  shall  be  received  in  evi- 
dence in  any  court  in  lieu  of  the  original  record  on  file  with  the  secre- 
tary of  state  and  shall  b(?  prima  facie  evidence  of  the  truth  of  all  state- 
ments contained  therein. 

§11.  Rights  of  domestic  corporations  suspended.  Eight  of  foreign 
corporations  forfeited.  Forfeiture  relieved.  After  six  o'clock  P.  M.  of 
tlie  Saturday  preceding  the  first  Monday  in  March  in  any  year,  the  cor- 
porate rights,  privileges  and  powers  of  every  domestic  corporation  which 
lias  failed  to  pay  the  tax  ami  money  penalty  for  nonpayment  thereof 
imposed  by  this  act  shall,  from  and  after  said  hour  of  said  day,  be  sus- 


637  CORPORATIONS.  Act  756,  §  12 

pended,  and  incapable  of  being  exercised  for  any  purpose  or  in  any  man- 
ner, except  to  execute  and  deliver  deeds  to  real  property  in  pursuance  of 
contracts  therefor  made  prior  to  such  time,  and  to  defend  in  court  any 
action  brought  against  such  corporation,  until  said  tax  with  all  accrued 
penalties,  taxes  and  charges  due  to  the  state  under  this  act  and  subdi- 
vision (d)  of  section  fourteen,  article  thirteen  of  the  constitution  are 
paid  as  hereinafter  provided.  The  right  and  privilege  of  every  foreign 
corporation,  subject  to  the  provisions  of  this  act,  to  transact  intrastate 
business  in  this  state  shall,  for  failure  to  pay  the  tax  and  money  penalty 
for  nonpayment  thereof  imposed  by  this  act,  be  forfeited  at  said  hour  of 
said  day,  and  the  secretary  of  state  shall  make  a  record  of  such  for- 
feiture. In  the  ease  of  foreign  corporations  such  forfeiture  may  be  re- 
lieved and  the  corporation's  privilege  to  transact  intrastate  business  in 
this  state  restored  in  the  manner  hereinafter  provided.  After  said  hour 
of  said  day  and  until  such  taxes,  penalties  and  charges  are  paid,  every 
person  who  attempts  or  purports  to  exercise  any  of  the  rights,  privileges 
or  powers  of  any  delinquent  domestic  corporation  except  as  permitted 
by  this  act,  or,  who  transacts  or  attempts  to  transact  any  intrastate  busi- 
ness in  this  state  in  behalf  of  any  forfeited  foreign  corporation,  shall 
be  guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall  be  pun- 
ished by  a  fine  of  not  less  than  two  hundred  fifty  dollars  and  not  exceed- 
ing one  thousand  dollars,  or  by  imprisonment  in  the  county  jail  not  less 
than  fifty  days  or  more  than  five  hundred  days,  or  by  both  such  fine  and 
imprisonment.  The  jurisdiction  of  such  offense  shall  be  held  to  be  in  any 
county  in  which  any  part  of  such  attempted  exercise  of  such  powers,  or 
any  part  of  such  transaction  of  business  was  had  or  occurred.  Every 
contract  made  in  violation  of  this  section  is  hereby  declared  to  be  void. 

§  12.  Application  by  stockholder  or  creditor  to  restore  rights.  Pay- 
ment of  additional  ahiount.  Contractor's  certificate.  All  corporate  pow- 
ers, rights  and  jirivileges,  suspended  or  foi'feited  under  the  provisions  of 
this  act  may  be  revived  and  restored  to  full  force  and  effect  upon  appli- 
cation therefor  by  any  stockholder  or  creditor  thereof  and  upon  pay- 
ment of  all  accrued  taxes  and  penalties  due  to  the  state  under  this  act 
and  subdivision  (d)  of  section  fourteen,  article  thirteen  of  the  constitu- 
tion. In  case  the  application  for  such  revivor  and  restoration  is  not 
made  during  the  year  in  which  such  suspension  or  forfeiture  occurred, 
such  application  shall  not  be  gi-anted  nor  a  certificate  of  revivor  issued 
to  such  corporation  until  there  is  paid  to  the  secretary  of  state  in  addi- 
tion to  the  tax  and  money  penalty  due  or  that  should  have  been  paid  the 
state  under  this  act  and  subdivision  (d)  of  section  fourteen,  article  thir- 
teen of  the  constitution  for  the  year  in  which  such  suspension  or  for- 
feiture occurred,  a  sum  of  money,  equal  to  the  tax,  without  penalty,  im- 
posed or  that  should  have  been  paid  under  this  act-  during  the  year  in 
which  such  suspension  or  forfeiture  occurred,  for  each  year  succeeding 
said  year  in  which  such  suspension  or  forfeiture  occurred.  Upon  pay- 
ment of  all  such  taxes  and  penalties,  and  upon  payment  of  all  other 
taxes  due  the  state  under  subdivision  (d)  of  section  fourteen,  article 
thirteen  of  the  constitution,  the  state  controller  shall  issue  a  certificate 
under  his  seal  evidencing  such  payment  and  restoration,  which  certifi- 
cate, when  recorded  in  the  ofiice  of  any  county  recorder  shall  constitute 


Act  756,  §§  l;S,  14  GENERAL   LAWS.  638 

a  release  of  all  existing  lieus  for  such  taxes  upon  the  property  of  such 
corporation.  Each  county  recorder  shall  keep  an  index  of  all  such  con- 
troller's certificates  recorded  by  him.  Upon  presentation  of  such  con- 
troller's certificate  of  revivor  to  any  county  clerk  said  officer  shall  make 
a  record  thereof  in  his  office  in  a  book  kept  for  such  purpose.  The  rec- 
ord so  made  by  said  county  clerk  shall  be  prima  facie  evidence  of  the 
restoration  to  such  corporation  of  all  previously  suspended  or  forfeited 
rights,  powers  and  privileges  unless  it  appears  from  the  records  in  the 
office  of  such  county  clerk  or  of  the  controller  or  secretary  of  state  that 
subsequent  to  the  date  of  such  certificate  of  revivor  the  powers  of  said 
corporation  have  been  agai:i  suspended  or  its  right  to  do  intrastate  busi- 
ness again  forfeited. 

§  13.  No  dissolution  until  tax  paid.  No  court  shall  have  jurisdiction 
to  make  or  enter  any  decree  of  dissolution  of  any  domestic  corporation 
until  all  taxes  and  penalties  due  under  this  act  shall  have  been  paid. 

§  li.     Restoration  of  right  under  acts  of  1905  and  1915.     Use  of  new 

name.  Any  corporation  which  has  heretofore  failed  to  pay  any  license 
tax  and  penalty  imposed  under  the  provisions  of  chapter  three  hundred 
eighty-six,  Statutes  1905,  and  amendments  thereof,  or  under  chapter  one 
hundred  ninety.  Statutes  1915,  and  for  such  nonpayment  suffered  a  for- 
feiture of  the  charter  of  such  corporation  or  of  the  right  to  do  business 
in  this  state,  may  be  relieved  of  such  forfeiture,  or  may  be  restored  to 
its  right  to  do  business  in  this  state,  upon  making  application  therefor 
in  writing  and  paying  the  license  tax  and  penalties  prescribed  by  said 
act,  for  nonpayment  of  which  such  forfeiture  occurred.  Application  for 
restoration  under  the  provisions  of  this  section  shall  be  made  in  writing, 
shall  be  signed  by  four-fifths  of  the  surviving  trustees  or  directors  of 
said  corporation,  duly  verified  by  said  trustees  or  directors  and  filed  with 
the  state  controller.  Upon  payment  of  the  moneys  due  this  state  under 
the  provisions  of  said  act  for  the  one  year  in  which  such  forfeiture  oc- 
curred, together  with  any  tax  levied  in  such  year  under  subdivision  (d) 
of  section  fourteen,  article  thirteen  of  the  constitution  by  the  state  board 
of  equalization,  and  the  license  tax  due  under  the  provisions  of  this  act, 
the  state  controller  shall  issue  a  certificate  of  revivor  to.  such  corporation, 
;ind  thereupon  such  corporation  is  revived  and  its  powers  restored  to  full 
force  and  effect. 

The  revivor  of  a  corporation,  uiiiIim-  tiic  provisions  of  this  section,  shall 
be  without  prejudice  to  any  action  or  proceeding,  defense  or  right,  whicli 
has  occurred  by  reason  of  the  original  forfeiture. 

In  case  the  name  of  any  corporation  which  has  suffered  the  forfeiture 
prescribed  by  either  of  said  acts  first  in  this  section  above  mentioned, 
has  been  adopted  by  any  other  cori)oration  since  the  date  of  said  for- 
feiture, or  in  case  any  corporation  has  adopted  subsequent  to  such  for- 
feiture any  name  so  closoJy  resembling  the  name  of  such  reviving  cor- 
poration as  will  tend  to  deceive,  tlien  such  reviving  corporation  shall  be 
ciititlfd  to  a  (■(■rlificjifc  (if  rc\i\()r  pursuant  to  the  terms  of  this  section 
only  ii|i'in  llir  .•iilopt  ion  liy  such  coriioration  seeking  revivor  of  a  new 
name,  and  in  such  case  nothing  in  tiiis  section  contained  shall  be  con- 
strued as  ])ermitting  such  reviving  corporation  to  carry  on  any  business 


639  CORPORATIONS,  Act  756,  §§  15-]  9 

under  its  former  name.  iSiich  reviving  corporation  shall  have  the  right  to 
use  its  former  name  or  take  such  new  name  only  upon  filing  an  application 
therefor  with  the  secretary  of  state,  and  upon  the  issuing  of  a  certificate 
to  such  corporation  by  the  secretary  of  state,  setting  forth  the  right  of 
such  corporation  to  take  such  new  name  or  use  its  former  name  as  the 
case  may  be.  The  secretary  of  state  shall  not  issue  any  certificate  per- 
mitting any  corporation  to  take  or  use  the  name  of  any  corporation  here- 
tofore organized  in  this  state  and  which  has  not  suffered  a  forfeiture 
under  either  of  the  acts  in  this  section  first  above  mentioned,  or  to  take 
or  use  a  name  so  closely  resembling  the  name  of  any  corporation  hereto- 
fore organized  in  this  state  as  will  tend  to  deceive.  * 

The  provisions  of  title  nine,  part  three  of  the  Code  of  Civil  Procedure, 
in  so  far  as  they  conflict  with  this  section  of  this  act  arc  not  applicable 
to  corporations  seeking  revivor  under  this  act. 

§  15.  Surrender  of  right  to  engage  in  intrastate  business.  Any  for- 
eign corporation  may  surrender  its  right  to  engage  in  intrastate  business 
in  this  state  by  filing  with  the  corporation  license  tax  exemption  board 
an  affidavit,  sworn  to  by  the  president  of  such  corporation,  which  shall 
contain  a  concise  statement  of  the  nature,  character  and  manner  of  doing 
any  business  of  any  kind  that  such  corporation  may  therefter  intend  to 
transact  in  this  state.  Said  corporation  shall  furnish  such  other  or  addi- 
tional information  as  may  be  required  by  said  board.  Said  board  shall 
consider  such  application  and  the  order  of  such  board  approving  the  same 
shall  terminate  the  right  of  such  corporation  to  transact  intrastate  busi- 
ness in  this  state.  Any  person  transacting  any  intrastate  business  in 
this  state  in  behalf  of  such  corporation  after  approval  of  such  application 
to  surrender  such  privilege  shall  be  guilty  of  a  misdemeanor  and  punish- 
able as  provided  in  section  eleven  of  this  act. 

§  16.  False  statement.  Any  false  statement  contained  in  any  of  the 
affidavits  herein  required  shall  constitute  perjury,  and  shall  be-  punishable 
as  such. 

§  17.  Moneys  paid.  All  moneys  herein  required  to  be  paid  shall,  upon 
collection,  be  immediately  paid  into  the  state  treasury. 

§  18.  Statutes  unaffected.  Nothing  in  this  act  shall  be  construed  as 
affecting  or  repealing  any  statute  of  this  state  respecting  the  assessment 
of  franchises  and  levying  of  taxes  thereon,  as  required  by  section  four- 
teen, article  thirteen  of  the  constitution  and  chapter  three  hundred 
thirty-five  of  statutes  of  one  thousand  nine  hundred  eleven  of  this  state 
and  amendments  thereof. 

§  19.     Title.     This  act  shall  be  known  as  the  "corporation  license  act." 
The  amendatory  act  of  1917  also  contained  the  following  provision: 
§2.     In  effect.     This  act,  inasmuch  as  it  provides  for  a  tax  levy,  shall, 

under  the  provisions  of  section   one  of  article   four  of  the   constitution, 

take  effect  immediately. 


Act  777,  §§  1-4  GENERAL   LAWS.  640 

ACT  777. 

An  act  defining  industrial  loan  companies,  providing  for  their  incorpora- 
tion, powers  and  supervision. 

[Approved  May  18,  1917.     Stats.  1917,  p.  658.     In  effect  .July  27,  1917.] 

§  1.  "Industrial  loan  company."  The  term  "industrial  loan  company" 
as  used  in  this  act  means  any  corporation  which  in  the  regular  course 
of  its  business  loans  money  and  issues  its  own  choses  in  action  under 
the  provisions  of  this  act. 

§  2,  Incorporation.  Corporations  may  be  incorporated  under  and  by 
virtue  of  this  act  in  the  same  manner  as  corporations  under  and  by 
virtue  of  chapter  one  of  title  one  of  part  four,  division  first  of  the  Civil 
Code,  except  as  otherwise  herein  provided. 

§  3.  Capital  stock.  Shares.  Capital  stock  paid.  The  capital  stock 
of  any  corporation  incorporated  under  the  provisions  of  this  act  shall 
not  be  less  than  twenty-five  thousand  dollars  in  any  city  having  a  popu- 
lation of  twenty-five  thousand  inhabitants  or  more  and  less  than  fifty 
thousand;  and  shall  not  be  less  than  fifty  thousand  dollars  in  any  city 
having  fifty  thousand  or  more  inhabitants,  and  less  than  one  hundred 
thousand;  and  shall  not  be  less  than  one  hundred  thousand  dollars  in 
any  city  having  one  hundred  thousand  or  more  inhabitants,  according 
to  the  last  official  census.  The  capital  stock  of  any  such  corporation 
shall  be  divided  into  shares  of  the  par  value  of  one  hundred  dollars 
each.  Before  the  articles  of  incorporation  of  any  corporation,  incor- 
porated under  the  provisions  of  this  act,  are  filed,  there  must  be  paid 
in  cash  for  .the  benefit  of  the  corporation  to  a  treasurer,  elected  by  the 
subscribers,  not  less  than  twenty-five  per  cent  of  the  amount  of  the 
capital  stock;  the  balance  of  the  capital  stock  shall  be  paid  in  cash 
to  the  corporation  at  the  rate  of  not  less  than  ten  per  cent  per  month, 
following  ■  the  initial  payment.  No  corporation  organized  hereunder 
shall  create  more  than  one  class  of  stock. 

§  4.  Powers  of  corporation.  Every  corporation  under  the  provisions 
of  this  act  shall  have  power: 

First — To  loan  money  on  persona]  security,  or  otherwise,  and  to  de- 
duct interest  therefor  in  advance  at  the  rate  of  six  per  cent  per  annum, 
or  less,  and  in  addition,  to  receive  and  to  require  uniform  weekly  or 
monthly  installments  on  its  certificates  of  investment,  purchased  by  the 
borrower  simultaneously  with  the  said  loan  transaction,  or  otherwise,  and 
pledged  with  the  corporation  as  security  for  the  said  loan,  with  or  with- 
out an  allowance  of  interest  on  such  installments. 

Second — To  sell  or  negotiate  choses  in  action  for  the  payment  of  money 
at  any  time,  either  fixed  or  uncertain,  and  to  receive  payments  therefor 
in  installments  or  otherwise,  with  or  without  an  allowance  of  interest 
upon  .such  installments.  Notliing  herein  contained  shall  be  construed 
to  authorize  corporations  hereunder  to  receive  deposits  or  to  issue  cer- 
tificates of  deposit.  The  issuance  of  choses  in  action  herein  authorized 
shall  be  approved  as  to  form  by  the  commissioner  of  corporations  and 
shall  bear  the  indorsement  on  the  face  of  the  instrument  "This  is  not 
a  certificate  of  deposit." 


641  COKPOFJATIONS.  Act  777,  i;^  •">,  G 

Third — To  charge  for  a  loan,  made  pursuant  to  this  section,  one  dol- 
lar for  every  fifty  dollars,  or  fraction  thereof  loaned,  for  expenses,  in- 
cluding any  examination  or  investigation  of  the  character  and  circum- 
stances of  the  borrower,  and  the  drawing  and  taking  acknowledgment 
of  any  papers,  or  '  other  expenses  incurred  in  making  the  loan.  No 
charge  shall  be  collected  unless  a  loan  shall  ha\e  been  made,  and  in  no 
case  shall  such  charge  exceed  five  dollars. 

Fourth— To  establish  branch  offices,  or  places  of  business,  within  the 
county  in  which  its  principal  place  of  business  is  located,  bat  not  else- 
where. 

in  addition  to  the  powers  herein  enumerated,  every  corporation,  under 
the  provisions  of  this  act,  shall  have  the  general  powers  conferred  upon 
corporations  by  chapter  three,  title  one,  part  four,  division  first,  of  the 
Civil  Code,  except  as  herein  otherwise  provided. 

§  5.  Limitations  on  corporations.  Xo  corporation  under  the  provi- 
sions of  this  act  shall: 

(a)  Hold  at  any  one  time  the  obligation  or  obligations  of  any  person, 
firm  or  corporation,  for  more  than  two  per  cent  of  the  amount  of  the 
ca^iital  and  surplus  of  such  industrial  loan  co'mpany. 

(b)  Make  any  loan,  under  the  provisions  of  this  act,  for  a  longer 
period  than  one  year  from  the  date  thereof. 

(c)  Deposit  any  of  its  funds  with  any  other  moneyed  corporation, 
unless  such  corporation  has  been  designated  as  such  depository  by  a 
vote  of  the  majority  of  the  directors  or  of  the  executive  committee, 
exclusive  of  any  director  w^ho  is  an  officer,  director  or  trustee  of  the 
depository  so  designated. 

(d)  Invest  any  of  its  funds,  otherwise  than  as  herein  authorized, 
except  in  such  investments  as  are  by  law  legal  investments  for  savings 
banks,  or  in  the  choses  in  action  issued  by  any  other  corporation  or- 
ganized under  this  act. 

(e)  Have  outstanding  at  any  time  its  investment  certificates  in  an 
aggregate  sum  in  excess  of  ten  times  the  aggregate  amount  of  its  paid 
ap  capital,  exclusive  of  those  hypothecated  with  the  company  issuing 
them. 

§  6.  Holding  real  estate,  t'vcry  corporation,  under  the  provisions  of 
this  act,  may  purchase,  hold  and  convey  real  estate  for  the  following 
purposes,  but  for  no  other: 

First — ^^Such  as  shall  be  conveyed  to  it  in  satisfaction  of  debts  pre- 
viously contracted  in  the  course  of  its  business. 

Second — Such  as  it  shall  purchase  at  sale  under  judgments,  decrees 
or  mortgage  foreclosures  under  securities  held  by  it,  but  no  such  cor- 
poration shall  bid  at  any  such  sale  a  larger  amouTit  than  shall  be  neces- 
sary to  satisfy  its  debt  and  costs. 

Real  estate  shall  be  conveyed  under  the  corporate  seal  of  such  cor- 
poration and  the  hand  of  its  president  or  vice-president  and  manager 
or  treasurer.  No  real  estate  acquired  in .  the  eases  contemplated  above 
shall  be  held  for  a  longer  periocl  than  five  years.  .  Parcels  of  such  real 
estate  not  sold  within  said  time  may  be  purchased  by  any. person  wanting 
the  same,  upon  the  conditions  and  proceedings  provided  in  section  fifty- 
41 


Act  777,  §§  7-11  GENERAL    LAWS.  642 

four   of   "An   act   to   define   and    regulate   the    business    of   banking,"   ap- 
proved March  1,  1909. 

§7.  Dividends.  The  directors  of  every  corporation,  under  the  pro- 
visions of  this  act,  may  at  certain  times  and  in  such  manner  as  its 
by-laws  prescribe,  declare  and  pay  dividends  to  the  stockholders  of  such 
corporation,  of  so  much  of  the  net  profits  of  the  corporation  as  may 
be  appropriated  for  that  purpose  under  its  by-laws,  but  before  any  such 
dividend  is  declared,  not  less  than  ten  per  cent  of  the  net  profits  of 
such  corporation  for  the  preceding  half  year  or  for  such  period  as  is 
covered  by  the  dividend,  shall  be  carried  to  its  surplus  until  such  sur- 
plus shall   amount  to  twenty-five  per  cent  of  the  paid  up  capital  stock. 

§  8.  Certificates  of  investment  issued  not  creation  of  debt.  Issuing 
certificates  of  investment  and  the  like  in  the  transaction  of  the  business 
of  cor[)orations  under  the  provisions  of  this  act  shall  not  be  construed 
to  be  the  creation  of  debt  within  the  meaning  of  the  phrase  "create 
debt"  in  section  three  hundred  nine  of  the  Civil  Code  nor  of  "indebted- 
ness" within  the  meaning  of  the  phrase  "the  capital  stock  cannot  be 
diminished  to  an  amount  less  than  the  indebtedness  of  the  corporation" 
in  section  three  hundred  fifty-nine  of  the  Civil  Code,  except  that  no 
company  organized  hereunder  shall  reduce  its  capital  stock  to  an  amount 
less  than  is  required  by  this  act  to  be  maintained  by  such  company  or 
less  than  any  indebtedness  of  such  company  other  than  such  invest- 
ment certificates. 

§  9.  Taxed.  Corporations,  under  the  provisions  of  this  act,  shall  be 
taxed  the  same  as  other  general  corporations. 

§  10.  Subject  to  investment  companies  act.  Corporations  under  the 
jirovisions  of  this  act  shall  be  subject  to  the  provisions  and  regulations 
of  "An  act  to  define  investment  companies,  investment  brokers  and 
agents;  to  provide  for  the  regulation,  supervision  and  licensing  thereof; 
to  provide  penalties  for  the  violation  thereof;  to  create  the  office  of 
commissioner  of  corporations  and  making  an  appropriation  therefor," 
approved  May  twenty-eighth,  nineteen  hundred  thirteen,  and  any  addi- 
tions or  amendments  thereto. 

§  11.  Order  to  discontinue  violation  of  law.  Order  to  discontinue 
unsafe  practices.  Suit  to  restrain  enforcement.  Commissioner  of  cor- 
porations may  take  possession  of  property.  Jf  it  shall  appear  to  the  com- 
missioner of  coijiorations  that  any  company  hereunder  has  violated  or 
failed  to  comply  with  the  provisions  of  its  articles  of  incorporation,  or 
any  law  of  this  state,  or  whenever  it  shall  appear  from  the  report  of  any 
company  hereunder,  or  the  commissioner  shall  have  reason  to  conclude, 
that  the  capital  of  any  company  hereunder  is  impaired  or  reduced  below 
the  amount  required  by  law,  he  may,  by  an  order  under  his  hand  and  of- 
ficial seal,  addressed  to  such  company,  direct  such  company  to  discon- 
tinue Huch  violation  and  to  comply  with  the  law,  or  to  make  good  the 
deficioDcy  or  impairment  of  capital  alleged  by  him  to  exist  within  sixty 
days  after  the  date  of  such  requisition;  or 


643  C0KP0KATI0N8.  Act  777,  §  12 

If  it  shall  ai)poar  to  the  coiniuissioncr  that  such  coiiiiiauy  is  eouiluct- 
ing  business  in  an  unsafe  or  injurious  manner,  he  may,  in  like  manner, 
direct  the  discontinuance  of  any  such  unsafe  or  injurious  practices. 
Such  orders  shall  require  such  company  to  show  cause,  before  the  com- 
missioner, at  a  time  and  place  to  be  fixed  by  him,  why  said  order  should 
not  be  observed.  If  upon  such  hearing  it  shall  appear  to  the  commis- 
sioner that  such  order  should  be  made  final  he  shall  proceed  to  do  so, 
and  such  company  shall  immediately  comply  with  such  order  made  by 
the  commissioner  of  corporations. 

Such  company  shall  have  ten  days  after  any  such  order  is  made  final 
in  which  suit  may  be  commenced  to  restrain  enforcement  of  such  order 
and  unless  such  action  be  so  commenced  and  enforcement  of  such  order 
l)e  enjoined  w-ithin  ten  days  by  the  court  in  which  such  is  suit  is  brought, 
then  such  company  shall  comply  with  such  order. 

Upon  failure  of  any  company  to  comply  with  such  order  or  if  such 
company  shall  refuse  to  submit  its  books,  papers  and  concerns  to  the 
inspection  or  examination  of  the  commissioner  of  corporations,  or  to 
any  one  authorized  by  him  to  make  such  examination,  or  if  any  officer 
of  such  company  shall  refuse  to  be  examined  upon  oath  touching  the 
concerns  of  such  company,  or  if  any  such  company  shall  neglect  or  re- 
fuse to  observe  any  order  made  by  the  commissioner  of  corporations 
pursuant  to  his  supervision  as  authorized  by  this  act,  the  commissioner 
of  corporations  may  forthwith  take  possession  of  the  property  and  busi- 
ness of  such  company  and  retain  such  possession  until  such  company 
shall  resume  business  or  its  affairs  be  finally  liquidated.  On  taking  pos- 
session of  the  property  and  business  of  any  such  company,  the  commis- 
sioner of  corporations  may  proceed  to  liquidate  the  same  in  the  man- 
ner provided  by  the  bank  act. 

§  12.  Powers  of  commissioner  of  corporations  not  aJfected.  Nothing 
in  this  act  contained  shall  be  deemed  or  construed  as  a  limitation  or 
restriction  of  or  as  in  any  way  affecting  the  power  or  discretion  of  the 
commissioner  of  corporations,  under  the  investment  companies  act  or 
any  other  statute  now  or  hereafter  in  effect,  to  issue  a  permit  author- 
izing any  corporation  under  the  provisions  of  this  act  to  issue  and  dis- 
pose of  choses  in  action  in  such  amounts  and  upon  such  terms  and  con- 
ditions as  he  may  in  such  permit  provide  and  to  impose  such  conditions 
as  he  may  deem  necessary  to  the  issue  of  such  securities  and  to  establish 
such  rules  and  regulations  as  may  be  reasonable  or  necessary  to  insure 
the  disposition  of  the  proceeds  of  such  securities  in  the  manner  and  for 
the  purposes  provided  in  such  permit  and  from  time  to  time  for  cause 
to  amend,  alter  or  revoke  any  permit  issued  by  him  or  to  refuse  to  issue 
such  permit  or  otherwise  authorize  the  issue  of  such  securities. 

TITLE  130. 

COUNTIES. 

ACT  806. 

An  act  authorizing  any  county  now  or  hereafter  organized  to  incur 
indebtedness,  issue  negotiable  bonds,  levy  taxes  to  pay  the  prin- 
cipal   and    interest   thereof,   acquire   by    condemnation   or   otherwise 


Act  806,  g  §  1,  2  GENERAL   LAWS.  644 

land  within  the  county,  and,  in,  consideration  of  the  benefits  to  be 
derived  therefrom  by  such  county,  to  convey  the  same  to  the  United 
States,  for  a  j^ermanent  mobilization,  training  and  supply  station 
for  any  or  all  such  military  purposes,  including  supply  stations,  the 
mobilization,  disciplining  and  training  of  the  United  States  army, 
state  militia  and  other  military  organizations,  as  are  now  or  may 
at  any  time  be  authorized  or  provided  for  under  any  law  or  laws 
of  the  United  States;  conferring  on  such  counties  the  power  of 
eminent  domain  for  the  purposes  of  this  act  and  providing  the 
procedure  therefor;  granting  the  consent  of  the  state  to  such  con- 
veyance and  ceding  exclusive  jurisdiction  to  the  United  States  over 
the  lands  so  conveyed. 
[Approved  May  25,  1917.     Stats.  1917,  p.  933.     In  effect  July  27,  1917.] 

§  1.  Boards  of  supervisors  may  incur  Indelitedness  to  purchase  land 
for  United  States  mobilization  stations.  Whenever  the  secretary  of  war 
of  the  United  States  shall  agree,  on  behalf  of  the  government  of  the 
United  States,  to  establish  in  any  county  now  or  hereafter  organized  in 
this  state,  a  permanent  mobilization,  training  and  supply  station  for  any 
or  all  such  military  purposes  as  are  now  or  may  be  then  or  thereafter 
authorized  or  provided  by  or  under  any  law  of  the  United  States,  "on  con- 
dition that  land  in  such  county  aggregating  ajiproxiniately  a  designated 
number  of  acres  at  such  location  or  locations  within  any  such  county 
as  may  have  been  or  may  thereafter  be  from  time  to  time  selected  or 
approved  by  such  secretary  of  war  be  conveyed  to  the  United  States 
with  the  consent  of  the  state  of  California,  for  the  consideration  of  the 
benefits  to  be  derived  by  such  county  from  the  use  of  such  lands  by  the 
United  States  for  such  purpose  and  the  board  of  supervisors  shall  deter- 
mine that  it  is  desirable  and  for  the  general  welfare  and  benefit  of  the 
people  of  such  county  and  for  the  interest  of  the  county  to  incur  an 
indebtedness  in  an  amount  suflicient  to  acquire  land  in  such  county 
aggregating  approximately  the  number  of  acres  so  designated,  at  such 
location  or  locations  as  may  have  been  theretofore  or  may  be  thereafter 
selected  or  approved  by  such  secretary  of  war,  and,  in  consideration  of 
the  benefits  to  be  derived  therefrom  by  such  county,  to  convey  all  such 
lands  to  the  United  States  to  be  used  by  the  United  States  for  any  or  all 
such  military  purposes,  as  are  now,  or  may  be  then  or  thereafter  author- 
ized or  provided  by  or  under  any  law  of  the  United  States,  including 
permanent  mobilization,  training  and  supply  stations,  such  county  is 
hereby  authorized  and  empowered  by  and  through  its  board  of  super- 
visors to  incur  an  indebtedness  evidenced  by  negotiable  bonds  of  such 
county  for  such  purposes  in  any  amount  not  exceeding,  together  with  all 
existing  bonded  indebtedness  of  sudi  comily,  five  per  cent  of  the  taxable 
property  of  the  county,  as  shown  by  tlie  last  equalized  assessment  book 
tlicreof,  whenever  two-thirds  of  the  (jualified  electors  of  the  county  vot- 
ing thereon  sliall  assent  tliereto,  at  any  election,  either  general  or  special, 
at  whicli  the  proposal  In  imtir  sii<-li  IkhkIciI  indel)tedness  may  be  sub- 
mitted to  such   electors   in   tlic   iiinmicr   iiroviilcd   by   law. 

§  2.     Manner  of  incurring  indebtedness.     Not  to  exceed  five  per  cent 
of  taxable  property.     Question  submitted  to  voters.     Such   iiidelifedness 


645  COUNTIES.  Act  806,  $$§  3, 4 

shall  be  incurred  in  the  following  manner,  to  wit:  The  board  of  super- 
visors of  any  such  county  shall  by  order  specify  (a)  the  purpose  for 
which  the  indebtedness  is  to  be  incurred,  which  shall  in  general  be,  for 
acquiring  land  in  such  county  aggregating  approximately  the  number  of 
acres  designated  in  such  agreement  by  such  secretary  of  war  to  be  con- 
veyed for  the  consideration  of  the  benefits  to  be  derived  by  such  county 
from  the  use  of  such  lands  by  the  United  States  for  such  purposes,  to  the 
TJnited  States  for  the  purposes  of  a  permanent  mobilization,  training  and 
supply  station,  (b)  the  amount  of  bonds  proposed  to  be  issued,  provided 
tliat  such  amount,  together  with  all  then  existing  bonded  indebtedness 
of  such  county  shall  not  exceed  five  per  cent  of  the  taxable  property  of 
the  county  as  shown  by  the  last  equalized  assessment-book  thereof,  ex- 
clusive of  the  taxable  value  of  the  land  so  proposed  to  be  acquired  and 
conveyed  to  the  United  States,  (e)  the  rate  of  interest  it  is  proposed 
such  bonds  shall  bear,  (d)  the  number  of  years,  not  exceeding  forty,  the 
whole  or  any  part  of  said  bonds  are  to  run,  and  (e)  such  order  shall 
further  provide  for  submitting  the  question  of  the  issuance  of  such 
bonds  to  the  qualified  electors  of  such  county  at  the  next  general  elec- 
tion, or  at  a  special  election  to  be  called  by  the  board  for  that  purpose. 
The  words  to  appear  on  the  ballot  shall  be  "Bonds — Yes"  and  "Bonds — 
No"  or  words  of  similar  import,  together  with  a  general  statement  of 
the  amouiit  and  purpose  of  the  bonds  to  be  issued,  and  which  general 
statement  shall  include  a  statement  that  the  purpose  is  to  acquire  and 
convey  to  the  United  States,  for  the  consideration  of  the  benefits  to  be 
derived  by  such  county  from  the  use  of  such  lands  by  the  United  States, 
the  amount  of  land  set  out  in  said  order  of  the  board  of  supervisors  for 
the  purpose  of  a  permanent  mobilization,  training  and  supply  station. 
If  the  question  is  submitted  at  a  special  election,  notice  thereof  shall  be 
given  and  the  question  submitted  as  provided  in  section  four  thousand 
eighty-eight  of  the  Political  Code  of  the  State  of  California. 

§  3.  If  two-thirds  favor.  Procedure.  If  two-thirds  of  the  qualified 
electors  of  the  county  voting  thereon  shall  vote  in  favor  of  the  issuing 
such  bonds,  the  board  must  proceed  to  issue  the, amount  of  bonds  speci- 
fied. The  board  of  supervisors  in  issuing  and  selling  said  bonds  shall 
follow  the  procedure  provided  in  said  section  four  thousand  eighty-eight 
of  said  Political  Code  as  to  other  bonds  of  the  county,  and  said  bonds 
shall  be  in  the  form,  of  the  denominations  and  specify  the  rate  of  inter- 
est as  provided  in  said  section  and  shall  in  all  respects  conform  to  the 
provisions  of  said  section,  and  the  payment  thereof,  both  principal  and 
interest,  shall  be  provided  for  by  a  tax  levy  in  the  same  manner  as  is 
provided  in  said  section  for  the  payment  of  the  principal  and  interest  of 
other  bonds  issued  by  any  county,  and  said  section,  except  as  herein 
modified,  is  hereby  specifically  made  applicable  to  all  bonds  at  any  time 
issued  under  the  provisions  of  this  act. 

§  4.  Right  of  eminent  domain  granted.  The  acquisition  of  laud  for 
the  establishment  of  a  permanont  nu)l)i]ization,  training  and  supply  sta- 
tion for  any  and  all  such  military  purposes  as  are  now  or  may  be  then 
or  thereafter  authorized  or  provided  by  or  under  any  law  of  the  United 
States  is  hereby   declared  to  be  a  public  use,  and  the  right  of  eminent 


Acts  826a-826c  general  laws.  646 

domain  is  hereby  granted  and  extended  to  every  county  availing  itself 
of  the  provisions  of  this  act  for  every  purpose  of  condemnation,  appro- 
priation or  disposition  intended  by  this  act  and  such  county  is  hereby 
authorized  and  empowered  to  condemn  and  appropriate  all  lands  and 
rights  whatsoever  necessary  or  convenient  for  carrying  out  the  provi- 
sions of  this  act.  Such  right  of  eminent  domain  may  be  exercised  on 
behalf  of  such  public  use  in  accordance  with  the  provisions  of  title 
seven,  part  three  of  the  Code  of  Civil  Procedure  of  the  state  of 
California. 

§  5.  Consent  to  acq.uisition  by  United  States.  Consent  to  exercise  of 
exclusive  legislation.  Pursuant  to  the  constitution  and  laws  of  the  United 
States  and  especially  to  paragraph  seventeen  of  section  eight  of  article  one 
of  such  constitution,  the  consent  of  the  legislature  of  the  state  of  Cali- 
fornia is  hereby  given  to  the  United  States  to  acquire,  upon  the  condi- 
tions and  for  the  purposes  herein  set  forth,  from  any  county  acting 
under  the  provisions  of  this  act,  title  to  all  lands  herein  intended  to  be 
referred  to;  such  title  to  be  evidenced  by  a  deed  or  deeds  of  such 
county,  signed  by  the  chairman  of  its  board  of  supervisors  and  attested 
by  the  clerk  of  such  county,  under  seal  and  the  consent  of  the  state  of 
California  is  hereby  given  to  the  exercise  by  the  congress  of  the  United 
States  of  exclusive  legislation  in  all  cases  whatsoever  over  such  tracts 
or  parcels  of  land  so  conveyed  to  it;  subject,  however,  to  the  right  of 
the  state  to  have  concurrent  jurisdiction  so  far  that  all  process,  civil  or 
criminal,  issued  under  authority  of  the  state  may  be  executed  by  the 
proper  officers  thereof  within  such  tract,  upon  any  person  or  persons 
amenable  to  the  same  in  like  manner  and  with  like  effect  as  if  such  con- 
veyance had  not  been  made.  The  board  of  supervisors  shall  have  the 
power  to  insert  in  every  conveyance  made  under  the  authority  of  this 
act,  such  conditions  subsequent  as  such  board  shall  deem  necessary  to 
insure  the  use  of  such  lands  by  the  United  States  government  for  the 
purposes  herein  mentioned  and  to  carry  out  the  provisions  of  this  act. 

TITLE  131. 
COUNTY   BOUNDARIES. 
ACT  826a. 

An  act  to  definitely  establish  and  permanently  locate  the  boundary  line 
between  the  counties  of  Mendocino  and  Sonoma,  state  of  California. 
[Approved  May  31,  1917.  Stats.  1917,  ]>.  1396.  In  effect  July  30, 
1917.] 

ACT  826b. 

An  act  to  describe,  establish  and  permanently  locate  the  boundary  line 
between  the  counties  of  Kern  and  San  Bernardino.  [Approved 
May  10,  1917.     Stats.   1917,  p.  301.] 

ACT   826c. 

An  act  to  (Icfinitriy  cHtMltlish  and  iicriiiiuiciit ly  locate  a  jjortion  of  the 
boundary  line  b<!tween  the  county  of  Lake  and  the  county  of  Men- 
docino.     [Ay.]. roved  .lune  1,  1917.     Stats.  1917,  p.  lf)35.] 


647  CRIMINAL  LAW.  Act  863a,  §§  1-3 

TITLE  137. 

CRIMINAL  LAW. 
ACT  863. 

An  act  to  create  a  state  bureau  of  criminal  identification,  providing 
for  the  appointment  of  a  director  of  said  bureau,  defining  his  duties, 
qualifications  and  powers,  providing  for  the  appointment  of  a  clerk 
of  said  bureau,  and  fixing  his  qualifications  fixing  the  compensa- 
tion of  said  director  and  clerk,  and  providing  for  the  manner  of 
pa^ying  the  same,  and  providing  for  the  expense  of  conducting  the 
office.  [Approved  March  20,  190.5.  Stats.  1905,  p.  520.] 
Repealed  1917;  .Stats.  1917,  ji.  i;!91.     See  next  Act. 

ACT  863a. 

An  act  creating  a  state  bureau  of  criminal  identification  and  investiga- 
tion, providing  for  its  organization  and  defining  its  powers  and  duties 
and  making  an  appropriation  to  carry  out  the  provisions  hereof,  and 
repealing  an  act  entitled  "An  act  to  create  a  state  bureau  of  crim- 
inal identification,  and  providing  for  the  appointment  of  a  director 
of  said  bureau,  defining  his  duties  and  qualifications  and  powers; 
providing  for  the  appointment  of  a  clerk  of  said  bureau  and  fix- 
ing his  qualifications;  fixing  compensation  of  said  director  and  clerk, 
providing  for  the  manner  of  paying  the  same  and  providing  fo:  the 
expense  of  conducting  the  office,"  approved  March  20,  1905. 

[Approved  May  31,  1917.     Stats.  1917,  p.  1391.     In  effect  July  30,  1917.] 

§  1.     State  bureau  of  criminal  identification  and  investigation  created. 

There   is    hereby   created    a    state   bureau    of    criminal   identification    and 
investigation. 

§  2.  Appointment  and  term  of  members.  Within  ten  days  after  this 
act  goes  into  effect,  it  will  be  the  duty  of  the  governor  to  appoint  a 
board  of  managers  of  said  bureau,  consisting  of  three  members:  One 
of  whom  shall  be  a  chief  of  police  of  an  incorporated  city  within  the 
state  of  California,  and  one  to  be  a  duly  elected,  qualified  and  acting 
sheriff  of  a  county  within  said  state,  and  one  to  be  a  duly  elected,  quali- 
fied and  acting  district  attorney  of  a  county  within  said  state;  one  mem- 
ber of  said  board  shall  be  appointed  to  hold  office  for  the  term  of  two 
years,  one  member  shall  be  appointed  to  hold  office  for  the  term  of  three 
years,  and  one  member  to  be  appointed  to  hold  office  for  the  term  of 
four  years,  and  thereafter,  all  ajipointments  shall  be  for  the  full  term 
of  four  years;  provided,  however,  that  should  the  term  of  any  such 
member  of  the  said  board  expire  as  such  chief  of  police,  or  such  sheriff, 
or  such  district  attorney,  he  shall  cease  to  be  a  member  of  the  said 
board;  and  provided,  further,  that  the  governor  shall  fill  all  vacancies 
created  in  said  board  by  the  appointment  of  the  same  kind  of  an  officer 
as  was  his  predecessor. 

§  3.  Duties  of  board  of  managers.  Superintendent.  It  shall  be  the 
duty  of  said  board  of  managers  within  ten  days  after  its  appointment 
to   take   absolute   control   and  management   of   said   bureau,  to   meet   and 


Act  863a,  §§  l-U  general  laws.  648 

organize  by  choosing  one  of  their  number  to  be  president,  to  make  and 
adoi;)t  such  rules  as  are  necessary  for  proper  conduct  of  their  business 
as  such  board  of  managers,  to  provide  for  the  appointment  of  a  super- 
intendent and  such  other  employees  as  may  be  required;  said  appoint- 
ments to  be  made  by  the  said  board  of  managers  from  an  eligible  list 
provided  for  such  purpose  by  the  civil  service  commission;  also  to  pro- 
vide equipment  for  said  bureau,  with  necessary  furniture,  fixtures,  ap- 
paratus, appurtenances,  appliances  and  materials  as  are  necessary  for  the 
collection,  filing  and  preservation  of  all  criminal  records  both  us  to 
identification  and  investigation  of  criminals,  and  stolen,  lost,  found, 
pledged  or  pawned  property. 

§4.  Photos,  etc.,  of  criminals.  It  shall  be  the  duty  of  said  board  of 
managers  to  procure  and  file  for  record  and  report  in  their  office,  as  far 
as  such  can  be  procured,  all  plates,  photos,  outline  pictures,  descriptions, 
.information  and  measurements  of  all  persons  who  have  been  or  shall 
hereafter  be  convicted  of  felony,  or  imprisoned  for  violating  any  of  the 
military,  naval,  or  criminal  laws  of  the  United  States  of  America,  and 
of  all  well  known  and  habitual  criminals  from  wherever  procurable. 

§  5.  Information  furnished.  It  shall  be  the  duty  of  said  board  of 
managers  to  file  or  cause  to  be  filed  all  plates,  photographs,  outline  pic- 
tures, measurements,  information  and  description  which  shall  be  re- 
ceived by  it  by  virtue  of  its  office  and  it  shall  make  a  complete  and 
systematic  record  and  index  of  the  same,  providing  thereby  a  method  of 
convenience,  consultation  and  comparison.  It  shall  be  the  duty  of  said 
board  of  managers  to  furnish,  upon  application,  all  information  pertain- 
ing to  the  identification  of  any  person,  or  persons,  a  plate,  photograph, 
outline  picture,  description,  measurement,  or  any  data  of  which  person 
there  is  a  record  in  its  office.  Such  information  shall  be  furnished  to 
the  United  States  officers  or  officers  of  other  states  or  territories,  or 
possession  of  the  United  States  or  peace  officers  of  other  countries  duly 
authorized  to  receive  the  same,  and  all  jieace  officers  of  the  state  of 
California,  which  application  shall  be  in  writing  and  accompanied  by 
a  certificate  signed  by  the  officer  making  such  application,  stating  that 
the  information  applied  for  is  necessary  in  the  interest  of  the  due  ad- 
ministration of  the  laws,  and  not  for  the  purpose  of  assisting  a  private 
citizen  in  carrying  on  liis  personal  interests  or  in  maliciously,  or  uselessly, 
harassing,  degrading  or  Iminiliat iiig  any  person  or  persons. 

§  G.  Systems  of  identification.  In  tins  luneau  may  be  used  the  fol- 
lowing systems  of  iilentification :  llic  I^MMiiUon,  the  finger-print  system 
and  any  system  nt'  measurement  llial  may  he  adopted  by  law  in  the 
various  ])eniil  institutions  of  the  stale.  It  siiall  be  the  duty  of  said  board 
of  m.'inagcrs  to  keep  on  file  in  its  office  a  record  consisting  of  duplicates 
of  all  measuretnents,  processes,  operations,  signalletic  cards,  plates, 
photograjihs,  (Jiilliin'  jiiriurcs,  measurements  and  descriptions  of  all  per- 
sons coiifincil  in  jienal  jn.slilntions  of  this  state  as  far  as  possible,  in 
accordance  with  whatever  system  or  systems  may  ]>c  in  vogue  in  this 
state. 


649       ^  CRIMINAL  LAW.  Act  868a,  ^§  7-1 1 

§7.  Offices.  Wuita))le  oHiees  for  the  jjioper  comUict  of  the  l)nieau 
shall  be  pro\i(le(l  for  by  the  superintendent  of  caiiitol  biiildiii^^s  and 
grounds. 

§  8.  Daily  copies  of  finger  prints  furnished.  Daily  reports  of  prop- 
erty stolen.  It  is  hereby  made  the  duty  of  the  sheriffs  of  the  several 
counties  of  the  state  of  California,  the  chiefs  of  police  of  incorporated 
cities  therein  and  marshals  of  incorporated  cities  and  towns  therein  to 
furnish  to  the  said  bureau  daily  copies  of  finger-prints  on  standardized 
eight  by  eight  inch  cards,  and  descriptions  of  all  such  persons  arrested 
who  in  the  best  judgment  of  such  sheriffs,  chiefs  of  police,  or  city  mar- 
shals are  persons  wanted  for  serious  crimes,  or  are  fugitives  from  justice, 
or  of  all  such  persons  in  whose  possession  at  the  time  of  arrest  are 
found  goods  or  property  reasonably  believed  by  such  sheriffs,  chiefs  of 
police  or  city  marshals  to  have  been  stolen  by  them;  or  of  all  such 
persons  in  whose  possession  are  found  burglar  outfits  or  burglar  tools 
or  burglar  keys  or  who  have  in  their  possession  high-power  explosives 
reasonably  believed  to  be  used  for  unlawful  purposes  or  who  are  in 
possession  of  infernal  machines,  bombs  or  other  contrivances  in  whole 
or  in  part  and  reasonably  believed  by  said  sheriffs,  chiefs  of  police 
and  city  marshals  to  be  used  for  unlawful  purposes,  or  of  all  persons 
who  carry  concealed  firearms  or  other  deadly  weapons  and  reasonably 
believed  to  be  carried  for  unlawful  purposes,  or  who  have  in  their  pos- 
session inks,  dye,  paper  or  other  articles  necessary  in  the  making  of 
counterfeit  bank  notes,  or  in  the  alteration  of  bank  notes;  or  dies,  molds 
or  other  articles  necessary  in  the  making  of  counterfeit  money,  and 
reasonably  believed  to  be  used  by  them  for  such  unlawful  purposes. 
This  section  is  by  no  means  intended  to  include  violators  of  city  or 
county  ordinances  or  of  persons  arrested  for  other  trifling  offenses.  It 
is  further  made  the  duty  of  the  aforesaid  sheriffs,  chiefs  of  police  or  city 
marshals  to  furnish  said  bureau  daily  reports  of  lost,  stolen,  found, 
pledged  or  pawned  property  received  into  their  respective  offices. 

§  9.  Record  of  reports.  In  order  to  assist  in  the  recovery  of  said 
property  and  in  the  arrest  and  prosecution  of  criminals,  it  is  hereby 
made  the  duty  of  the  said  board  of  managers  of  said  bureau  to  keep 
a  complete  record  of  all  reports  filed  with  the  said  bureau,  of  all  per- 
sonal property  stolen,  lost,  found,  pledged,  or  pawned  in  any  city  or 
county  of  this  state. 

§  10.  File  cards.  To  provide  for  the  installation  of  a  proper  system, 
and  file,  and  cause  to  be  filed  therein  cards  containing  an  outline  of  the 
method  of  operation  employed  by  criminals  in  the  commission  of  crime. 

§  11.  Salaries.  The  board  of  managers  of  this  bureau  shall  serve 
without  compensation;  provided,  however,  that  they  shall  receive  their 
necessary  traveling  expenses  while  attending  meetings  of  said  board. 
The  superintendent  shall  receive  a  salary  of  two  thousand  four  hundred 
dollars  per  annum;  the  salaries  of  the  other  employees  shall  be  fixed 
by  the  board  of  managers  subject  to  the  approval  of  the  board  of  con- 
trol. The  superintendent  and  the  other  employees  shall  be  paid  in  the 
same   manner  and   out   of  the  same  fund  as   the   state  officers  are  paid, 


Act  867,  §  1  GENERAL   LAWS.  650 

§  12.  Appropriation.  There  is  hereby  appropriated  out  of  any  money 
in  the  state  treasury,  not  otherwise  appropriated,  the  sum  of  thirty-six 
thousand  dollars,  or  so  much  thereof  as  may  be  necessary,  to  be  used 
by  said  board  of  managers  in  furnishing,  equipping  and  maintaining 
the  said  bureau  in  accordance  with  the  provisions  of  this  act,  and  for 
the  payment  of  the  salaries  herein  provided  for,  for  the  fiscal  year  end- 
ing June  thirtieth,  one  thousand  nine  hundred  eighteen,  and  the  fiscal 
year  ending  June  thirtieth,  one  thousand  nine  hundred  nineteen. 

§  13.  State  controller  directed  to  draw  warrants.  The  state  controller 
is  hereby  directed  to  draw  warrants  in  favor  of  the  said  board  of  mana- 
gers at  such  times  and  such  amounts  as  shall  be  approved  by  the  state 
board  of  control,  and  the  state  treasurer  is  hereby  directed  to  pay  the 
same. 

§  li.  Furniture,  eq.uipment  and  records  of  bureau  of  criminal  identi- 
fication. All  furniture,  equipment  and  records  now  on  file  and  in  use 
in  the  ofiice  of  the  "bureau  of  criminal  identification  of  the  state  of  Cali- 
fornia," shall  become  a  part  of  the  furniture,  equipment  and  records 
of  the  "state  bureau  of  criminal  identification  and  investigation,"  imme- 
diately upon  the  organization  of  the  board  of  managers  as  provided  for 
in  this  act. 

§  15.  Stats  1905,  p.  520,  repealed.  An  act  entitled,  "An  act  to  create 
a  state  bureau  of  criminal  identification,  and  providing  for  the  appoint- 
ment of  a  director  of  said  bureau,  defining  his  duties  and  qualifications 
and  powers;  providing  for  the  appointment  of  a  clerk  of  said  btireau 
and  fixing  his  qualifications;  fixing  compensation  of  said  director  and 
clerk,  providing  for  the  manner  of  paying  the  same  and  providing  for 
the  expense  of  conducting  the  ofiiee";  approved  March  20,  1905,  is  hereby 
repealed  and  all  other  acts  and  parts  of  acts  in  conflict  herewith  are 
I'.ereby   repealed. 

ACT  867. 

An  act  creating  an  advisory  pardon  board;  defining  and  prescribing  the 
powers   and   duties   thereof;   and   making   an   appropriation   therefor. 

[Approved  May  17,  1915.     Stats.  1915,  p.  465.] 
Amended   1917;   Stats.   1917,   p.  291. 
Tlie  amendment  of  1917  follov\-s: 

§  1.  Advisory  pardon  board  created.  President  pro  tempore  of  sen- 
ate serves  when.  An  advisory  jjardon  board  of  and  tor  the  state  of  Cali- 
fornia is  luTcby  created,  which  shall  consist  of  the  lieutenant-governor, 
who  shall  be  chairman  of  said  board,  the  attorney  general,  and  the  war- 
flens  of  the  two  state  prisons.  Should  the  lieutenant-governor  be  absent 
or  unable  to  perform  the  duties  licrcin  prescribed,  the  president  pro 
temj)ore  of  tiie  senate  shall  act  in  liis  pl.ii-e.  The  board  shall  have  and 
Dxcicise  the  powers  and  duties  hcreiiiatler  set  forth  and  specified. 
I  Amendment  approved  May  8,  1917;  Stats.  1917,  p.  291.] 


651  DEADLY    WEAPONS.  Act  889,  §§  1-4 

TITLE  141. 

DEADLY   WEAPONS. 
ACT  889. 

An  act  relating  to  and  regulating  the  carrying,  possession,  sale  or  other 
disposition  of  firearms  capable  of  being  concealed  upon  the  person; 
prohibiting  the  possession,  carrying,  manufacturing  and  sale  of  cer- 
tain other  dangerous  weapons  and  the  giving,  transferring  and  dis- 
position thereof  to  other  persons  within  this  state;  providing  for  the 
registering  of  the  sales  of  firearms;  prohibiting  the  carrying  or  pos- 
session of  concealed  weapons  in  municipal  corporations;  providing 
for  the  destruction  of  certain  dangerous  weapons  as  nuisances  and 
making  a  felony  to  use  or  attempt  to  use  certain  dangerous 
weapons  against  another. 

[Approved  May  4,  1917.     Stat-s.  1917,   p.   221.     In  effect  July  27,  1917.] 

§  1.     Manufacture,    etc.,   of.  certain  dangerous  weapons  misdemeanor. 

Every  person  who  manufacturers  or  causes  to  be  manufactured,  or  leases, 
or  keeps  for  sale,  or  offers,  or  gives,  or  otherwise  disposes  of  any  in- 
strument or  weapon  of  the  kind  commonly  known  as  a  blackjack,  slung- 
shot,  billy,  sandclub,  sandbag,  bludgeon,  or  metal  knuckles,  a  dirk  or 
dagger,  to  any  person  within  this  state  is  guilty  of  a  misdemeanor,  and 
if  he  has  been  previously  convicted  of  a  crime  made  punishable  by  this 
section,  he  is  guilty  of  a  felony. 

§2.  Possession  of  certain  dangerous  weapons  misdemeanor.  Every 
person  who  possesses  any  instrument  or  weapon  of  the  kind  commonly 
known  as  a  blackjack,  slungshot,  billy,  sandclub,  sandbag,  bludgeon, 
metal  knuckles,  bomb  or  bombshells,  or  who  carries  a  dirk  or  a  dagger, 
is  guilty  of  a  misdemeanor,  and  if  he  has  been  convicted  previously 
of  any  felony  or  of  a  crime  made  punishable  by  this  act,  he  is  guilty 
of  a  felony. 

§  3.  Carrying  firearms  without  license  misdemeanor.  Every  person 
who  carries  in  any  city,  city  and  county,  town  or  municipal  corporation 
of  this  state  any  pistol,  revolver,  or  other  firearm  concealed  upon  his 
person,  without  having  a  license  to  carry  such  fireami^S^  hereinafter 
provided  in  section  six  of  this  act,  shall  be  guilty  of  a  misdemeanor, 
and  if  he  has  been  convicted  previously  of  any  felony,  or  of  any  crime 
made  punishable  by  this  act,  he  is  guilty  of  a  felony. 

§  4.  Unlawful  possession  of  weapon  etc.,  nuisance.  Surrender  of 
weapons,  etc.  Destruction  of  weapons,  etc.  The  unlawful  possessing 
or  carrying  of  any  of  the  instruments,  weapons  or  firearms  enumerated 
in  section  one  to  section  three  inclusive  of  "this  act,  by  any  person  other 
than  those  authorized  and  empowered  to  carry  or  possess  the  same  as 
hereinafter  provided,  is  a  nuisance,  and  such  instruments,  weapons  or 
firearms  are  hereby  declared  to  be  nuisances,  and  when  any  of  said 
articles  shall  be  taken  from  the  possession  of  any  person  the  same  shall 
be  surrendered  to  the  magistrate  before  whom  said  person  shall  be  taken, 
except  that  in  any  city,  city  and  county,  town  or  other  municipal  cor- 
poration the  same  shall  be  surrendered  to  the  head  of  the  police  force, 


} 


Act  889,  §§5-7  GENERAL  LAWS.  652 

or  police  department  thereof.  The  oflfieers  to  whom  the  same  may  be 
so  surrendered,  except  upon  certificate  of  a  judge  of  a  court  of  record, 
or  of  the  district  attorney  of  any  county  that  the  preservation  thereof 
is  necessary  or  proper  to  the  ends  of  justice,  shall  proceed  at  such  time 
or  times  as  he  deems  proper,  and  at  least  once  in  each  year  to  destroy 
or  cause  to  be  destroj^ed  such  instruments,  weapons  or  other  tirearm.s 
in  such  manner  and  to  such  extent  that  the  same  shall  be  and  become 
wholly  and  entirely  inetfective  and  useless  for  the  purpose  for  which 
it  was  manufactured. 

§  5.  Attempted  use  of  weapons  felony.  Any  person  who  attempts  to 
use,  or  who  with  intent  to  use  the  same  unlawfully  against  another,  car- 
ries or  po.ssesses  a  dagger,  dirk,  dangerous  knife,  razor,  stiletto,  or  any 
loaded  pistol,  revolver  or  other  firearm,  or  any  instrument  or  weapon 
commonly  known  as  a  blackjack,  slungshot,  billy,  sandclub,  sandbag, 
metal  knuckles,  bomb,  or  bombshell  or  any  other  dangerous  or  deadly 
instrument  or  weapon,  is  guilty  of  a  felony.  The  carrying  or  posses- 
sion of  any  of  the  weapons  specified  in  this  section,  by  any  person  while 
committing,  or  attempting  or  threatening  to  commit  a  felony,  or  breach 
of  the  peace,  or  any  act  of  violence  against  the  person  or  property  of 
another,  shall  be  presumptive  evidence  of  carrying  or  possessing  such 
weapon  with  intent  to  use  the  same  in  violation  of  this  section. 

§  6.  License  to  carry  concealed  firearm.  It  shall  be  lawful  for  the 
board  of  police  commissioners,  chief  of  police,  city  marshal,  town  mar- 
shal, or  other  head  of  the  police  department  of  any  city,  city  and  county, 
town,  or  other  municipal  corporation  of  this  state,  upon  proof  before 
said  board,  chief,  marshal  or  head,  that  the  person  applying  therefor 
is  of  good  moral  character,  and  that  good  cause  exists  for  the  issuance 
thereof,  to  issue  to  such  person  a  license  to  carry  concealed  a  pistol, 
revolver  or  other  firearm;  provided,  however,  that  the  application  to 
carry  concealed  such  firearm  shall  be  filed  in  writing  and  shall  ^tate 
the  name  and  residence  of  the  applicant,  the  nature  of  applicant's  occu- 
pation, the  business  address  of  applicant,  the  nature  of  the  weapon 
sought  to  be  carried  and  the  reason  for  the  filing  of  the  application  to 
carry  the  same. 

§7.  Register  of  sales  of  firearms.  Duplicate  sheet  mailed  to  police. 
Violation  misdemeanor.  Form  of  register.  Kvery  pcison  in  the  business 
of  selling,  leasing  or  otherwise  transferring  a  pistol,  revolver  or  other 
firearm,  of  a  size  capable  of  being  concealed  upon  the  person,  whether 
such  seller,  leasor  or  transferrer  is  a  retail  dealer,  pawnbroker  or  other- 
wise, exce})t  as  hereinafter  provided,  shall  keep  a  register  in  which 
shall  be  entered  the  time  of  sale,  the  date  of  sale,  the  name  of  the  sales- 
man making  the  sale,  the  place  where  sold,  the  make,  model,  manufac- 
turer's number,  caliber  or  other  marks  of  identification  on  such  pistol, 
revolver  or  otlier  firearm.  Much  register  shall  be  prepared  by  and  ob- 
tained from  the  state  printer  and  shall  be  furnished  by  the  state  printer 
to  said  dealers  on  application  at  a  cost  of  three  dollars  per  one  hundred 
leaves  in  duplicate  aiul  shall  In'  in  the  form  hereinafter  provided.  The 
j.urchaser   of   any   firearm,   caiiahle   ol'   being  concealed   upon   the   person 


653  DEADI.Y  WEAPONS.  Act  889,  §  7 

sliall  sign,  and  the  dealer  shall  require  him  to  sign  his  name  and  affix 
his  address  to  said  register  in  duplicate  and  the  salesman*  shall  affix 
liis  signature  in  duplicate  as  a.  witness  to  the  signature  of  the  purchaser. 
Any  person  signing  a  fictitious  name  or  address  is  guilty  of  a  misde- 
meanor. The  duplicate  s-heet  of  such  register  shall  on  the  evening  of 
the  day  of  sale,  be  placed  in  the  mail,  postage  prepaid  and  properly  ad- 
dressed to  the  board  of  police  commissioners,  chief  of  police,  city  mar- 
shal, town  marshal  or  other  head  of  the  police  department  of  the  city, 
city  and  county,  town  or  other  municipal  corporation  wherein  the  sale 
was  made;  provided,  that  where  the  sale  is  made  in  a  district  where 
there  is  no  municipal  police  department,  said  duplicate  sheet  shall  be 
mailed  to  the  county  clerk  of  the  county  wherein  the  sale  is  made.  A 
violation  of  any  of  the  provisions  of  this  section  by  any  person  engaged 
in  the  business  of  selling,  leasing  or  otherwise  transferring  such  firearms 
is  a  misdemeanor.  This  section  shall  not  apply  to  wholesale  dealers  in 
their  business  intercourse  with  retail  dealers,  nor  to  wholesale  or  retail 
dealers  in  the  regular  or  ordinary  transportation  of  unloaded  firearms 
as  merchandise  by  mail,  express  or  other  mode  of  shipment,  to  points 
outside  of  the  city,  city  and  county,  town  or  municipal  corporation 
wherein  they  are  situated.  The  register  provided  for  in  this  act  shall 
be  substantially  in  the  following  form: 

Series  No. 

Sheet  No. 

Original. 

Dealers'  Record  of  Sale  of  Eevolver  or  Pistol. 

State  of  California. 

Notice  to  dealers:  This  original  is  for  your  files.  If  spoiled  in  mak- 
ing out,  do  not  destroy.     Keep  in  books.     Fill  out  in  duplicate. 

Carbon  duplicate  must  be  mailed  on  the  evening  of  the  day  of  sale, 
to  head  of  police  commissioners,  chief  of  police,  city  marshal,  town  mar- 
shal or  other  head  of  the  police  department  of  the  municipal  corpora- 
tions wherein  the  sale  is  made,  or  to  the  county  clerk  of  your  county 
if  the  sale  is  made  in  a  district  where  there  is  no  municipal  police  de- 
partment. Violation  of  this  law  is  a  misdemeanor.  Use  carbon  paper 
for  duplicate.     Use  indelible  pencil. 

Sold  by .     Salesman 

City,  town  or  township ■ 

Description  of  arm  (state  whether  revolver  or  (listol) 

Maker  number  caliber  

Name  of  purchaser  age  ■ years. 

Permanent  residence   (state  name  of  city,  town   or  township,   street  and 
number  of  dwelling)   -— — ■ 

Height feet  — —  inches.     Oecui)ation  

Color  skin  — —  eyes  hair  

If  traveling  or  in  a  locality  temporarily,  give  local  address 

Signature  of  purchaser 

(Signing  a  fictitious  name  or  address  is  a  misdemeanor.)      (To  be  signed 
in  duplicate.) 

Witness ,  salesman. 

(To  be  signed  in  duplicate.) 


Act  889,  §§  8,  9  GENERAL   LAWS.  654 

Series  No. 

Sheet  No. 

Duplicate. 

Dealers'  Kecord  of  Sale  of  Revolver  or  Pistol. 

State  of  California. 

Notice  to  dealers:  This  carbon  duplicate  must  be  mailed  on  the 
evening  of  the  day  of  sale  as  set  forth  in  the  original  of  this  register 
page.     Violation  of  this  law  is  a  misdemeanor. 

Sold  by  .     Salesman  — — 

City,  town  or  township  

Description  of  arm  (state  whether  revolver  or  pistol)  

Maker number caliber 

Name  of  purchaser  age  years. 

Permanent  residence  (state  name  of  city,  town  or  township,  street  and 

number  of  dwelling)   

Height  feet inches.     Occupation  ■ 

Color  skin  ej'es  hair 

If  traveling  or  in  a  locality  temporarily,  give  local  address 

Signature  of  purchaser  

(Signing  a  fictitious  name  or  address  is  a  misdemeanor.)      (To  be  signed 

in  duplicate.)  '   . 

Witness  ,  salesman. 

(To  be  signed  in  duplicate.) 

§  8.  Exceptions.  Nothing  in  this  act  shall  be  construed  to  apply  to 
sheriffs,  constables,  marshals,  policemen  or  other  duly  appointed  peace 
officers  nor  to  any  person  summoned  by  any  such  officers  to  assist  in 
making  arrest  or  preserving  the  peace  while  said  person  so  summoned 
is  actually  engaged  in  assisting  such  officer;  nor  to  duly  authorized 
military  or  civil  organizations  while  parading  nor  to  the  members  thereof 
when  going  to  and  from  the  places  of  meeting  of  their  respective  or- 
ganizations; nor  to  the  possession  or  transportation  by  any  merchant  of 
unloaded  firearms  as  merchandise;  nor  to  bona  fide  members  of  any  club 
or  organization  now  existing  or  hereinafter  organized,  for  the  purpose 
of  practicing  shooting  at  targets  upon  established  target  ranges,  whether 
public  or  private,  while  such  members  are  using  any  of  the  firearms  re- 
ferred to  in  this  act  upon  or  in  sucli  target  ranges,  or  while  going  to 
and  from  such  ranges. 

§  9.  Constitutionality.  If  any  section,  subsection,  sentence,  clause  or 
phrase  of  this  act  is  for  any  reason  held  to  be  unconstitutional  such 
decision  shall  not  affect  the  validity  of  the  remaining  portions  of  this 
act.  The  legislature  hereby  declares  that  it  would  have  passed  this  act 
and  each  section,  subsection,  sentence,  clause  and  phrase-  thereof,  irre- 
spective of  the  fact  that  any  one  or  more  sections,  subsections,  sen- 
tences, clauses  or  phrases  be  declared  unconstitutional. 


655  DEAF,  DUMB  AND  BLIND.  Act  895b,  5;  1 

TITIiE  142. 
DEAF,  DUMB  AND  BLIND. 
ACT  895b. 

An  act  to  authorize  certain  improvements  upon  the  grounds  of  the  Cali- 
fornia School  for  the  Deaf  and  Blind  at  Berkeley,  California. 

[Approved  May  17,  1917.     Stats.  1917,  p.  578.     In  effect  July  27,  1917.] 

§  1.     Fences  on  grounds  of  California  School  for  Deaf  and  Blind.     The 

directors  of  the  California  School  for  the  Deaf  and  Blind  are  hereby 
authorized  to  remove  the  present  fence  on  the  grounds  of  said  school, 
which  extends  thirty  feet  across  the  eastern  terminus  of  Derby  street, 
and  also  the  fence  which  extends  a  distance  of  one  hundred  twenty- 
four  and  sixty-five  one  hundredths  feet  from  said  terminus  along  Tangle- 
wood  road,  as  said  street  and  road  are  delineated  upon  a  map  entitled, 
"plat  of  Tauglewood  road  opening,  Berkeley,  California,"  filed  in  the 
oflEiee  of  the  county  recorder  of  Alameda  county  on  the  third  day  of  April, 
one  thousand  nine  hundred  sixteen,  and  recorded  in  Mber  fourteen  of 
maps,  page  twenty-five,  and  to  replace  said  fence  along  a  line  described 
as  follows: 

Commencing  at  the  point  of  intersection  of  the  northerly  line  of  Derby 
street  and  the  easterly  line  of  Belrose  avenue  extended  northerly,  as 
said  street  and  avenue  are  delineated  on  said  plat  of  Tanglewood  road 
opening,  Berkeley,  California;  thence  easterly  parallel  to  the  southerly 
line  of  plot  seventy-eight,  as  said  plot  is  shown  and  designated  upon 
Kellersberger's  map  of  rancho  of  Vicente  and  Domingo  Peralta,  and  filed 
in  the  office  of  the  county  recorder  of  Alameda  county,  a  distance  of 
eighteen  and  five-tenths  feet;  thence  along  a  circular  arc  of  two  hun- 
dred two  and  ninety-four  one  hundredths  feet  radius  easterly  and  south- 
erly to  its  intersection  with  the  said  southerly  line  of  plot  seventy-eight 
at  a  point  distant  therein  easterly  one  hundred  twenty-four  and  sixty- 
five  one-hundredths  feet  from  the  intersection  of  the  easterly  line  of 
Belrose  avenue  and  the  said  southerly  line  of  plot  seventy-eight,  in  order 
that  the  following  described  triangular  piece  of  land  may  be  used  as  a 
public  highway: 

Beginning  at  the  intersection  of  the  eastern  line  of  Belrose  avenue 
with  the  dividing  line  between  plot  seventy-seven  and  plot  seventy- 
eight  as  shown  upon  said  Kellersberger's  map  of  rancho  of  Vicente  and 
Domingo  Peralta,  and  running  thence  northerly  along  the  said  eastern 
line  of  Belrose  avenue  thirty -feet;  thence  easterly  parallel  to  the  south- 
ern line  of  said  plot  seventy-eight,  a  distance  of  eighteen  and  five-tenths 
feet;  thence  along  a  circular  arc  of  two  hundred  two  and  ninety-four 
one-hundredths  feet  radius  easterly  and  southerly  to  its  intersection 
with  the  said  southern  line  of  plot  seventy-eight  at  a  point  distant 
therein  easterly  one  hundred  twentj^-four  and  sixty-five  one  hundredths 
feet  from  the  point  of  beginning;  thence  westerly  in  a  straight  line  to  the 
point  of  beginning;  being  a  portion  of  said  plot  seventy-eight  and  con- 
taining six-hundredths  acre,  more  or  less. 


Act  976,  §§1-3  'JENERAL   LAWS.  656 

TITLE  159. 
.    DRAINAGE. 
ACT  976. 

Au  act  validating  the  formation  and  organization,  and  determining  the 
boundaries  of  drainage  improvement  district  number  one  of  the 
county  of  Merced,  state  of  California. 

[Approved  January  29,  1917.     Stats.  1917,  p.  3.     In  effect  immediately.] 

§  1.     Drainage  improvement  district  No.  1,  Merced  county,  validated. 

Drainage  improvement  district  number  one  of  the  county  of  Merced, 
state  of  California,  as  formed  and  organized  by  the  board  of  supervisors 
of  said  Merced  county,  and  as  now  existing,  is  hereby  recognized  and 
declared  valid,  and  all  proceedings  on  the  formation  and  organization 
thereof  are  hereby  approved,  ratified  and  declared  valid. 

§  2.  Boundaries.  The  boundaries  of  said  district,  as  fixed  by  the 
board  of  supervisors  of  said  Merced  county  are  hereby  approved  and 
declared  to  be  as  follows: 

Commencing  at  the  northeast  corner  of  section  two,  township  seven 
south,  range  eleven  east,  Mount  Diablo  base  and  meridian,  thence,  fol- 
lowing section  lines,  south  three  miles  to  the  southeast  corner  of  section 
fourteen,  of  said  township  and  range;  thence,  following  section  lines, 
west  two  miles,  to  the  southwest  corner  of  section  fifteen,  said  town- 
sliip  and  range;  thence,  following  section  line,  north  one  mile  to  the 
northwest  corner  of  said  section  fifteen;  thence  east  three-eighths  mile; 
thence  north  one-half  mile;  thence  east  three-sixteenths  mile;  thence 
north  one-quarter  mile;  thence  east  seven-sixteenths  mile;  thence  north 
one-quarter  mile  to  the  northeast  corner  of  section  ten,  said  township 
and  range;  thence,  following  section  line,  north  seven-eights  mile  to 
a  point  on  the  continuation  easterly  of  the  southerly  line  of  lot  one  of 
the  San  Joaquin-Eucalyptus  Company's  subdivision;  thence  westerly 
along  lot  lines  to  the  southwest  corner  of  lot  four  of  said  subdivision; 
thence  northerly  along  lot  line  and  the  continuation  thereof  to  the  north 
line  of  section  three,  said  township  and  range;  thence  following  section 
lines  east  and  one-eighth  miles,  more  or  less,  to  the  point  of  commence- 
ment. 

§3.  Urgency  measure.  liiMsimich  as  there  are  in  said  districts  l)odies 
of  stagnant  water  in  close  proximity  to  communities,  neighborlioods  and 
a  large  number  of  residences;  and  inasmuch  as  said  bodies  of  stagnant 
water  are  injurious  to  llic  liciillh  of  the  said  residents,  and  of  the  in- 
liabitants  of  said  coinniuiiit  ics  and  iieigliborhoods,  and  for  the  preser- 
vation of  tlif  safety  and  healtli  of  llio  public,  must  be  drained;  and 
iiiasmnch  as  this  act  is  necessary  to  ].ro\ide  ample  power  for  the  drainage 
of  said  bodies  of  stagnant  water,  it  is  licreby  determined  and  declared 
that  tins  act,  and  each  and  all  of  the  provisions  thereof,  constitute 
(Did  is  iiii  urgency  measure  necessary  for  tlie  immediate  preserva- 
tion of  tlic  |)ublic  safety  and  health  within  the  meaning  of  section  one 
of  article  four  of  the  constitution  and  shall  take  elTcct  and  Ix-  in  full 
force    immediately  from  and  after  its  passage. 


057  DRAINAGE.  Act  976a,  §§  1, 2 

A.CT  &76a. 

All  act  validating  the  formation  and  organization,  nnd  determining  tiie 
boundaries  of  drainage  improvement  district  number  two  of  the 
county  of  Mercetl,  state  of  California. 

I  Approved  .Tannary  29,  1917.     Stats.  1917,  p.  4.] 

§  1.  Drainage  improvement  district  No.  2,  Merced  county,  validated. 
Drainage  improvement  district  number  two  of  the  county  of  Merced,  state 
of  California,  as  formed  and  organized  by  the  board  of  supervisors  of 
said  county  of  Merced,  and  as  now  existing,  is  hereby  recognized  and 
declared  valid,  and  all  proceedings  on  the  formation,  and  organization 
thereof  are  hereby  approved  and  declared  valid. 

§  2.  Boundaries.  Tiie  boundaries  of  said  district,  as  fixed  by  the 
board  of  supervisors  of  said  Merced  county  are  hereby  approved  and 
declared  to  be  as  follows: 

Commencing  at  the  northeast  corner  of  section  six,  township  seven 
south,  range  thirteen  east,  Mount  Diablo  base  and  meridian;  thence 
south  on  the  east  line  of  section  six  and  seven  to  the  intersection  of 
the  north  line  of  the  California  state  highway;  thence  northwesterly  along 
said  highway  to  a  point  that  is  at  right  angles  northeasterly  from  the 
northwest  corner  of  lot  five  of  Buhach  colony;  thence  southwesterly 
on  the  lot  lines  to  a  point  ten  chains  southwest  of  the  northwest  corner 
of  said  lot  five;  thence  northwesterly  parallel  with  the  right  of  way 
of  the  Central  Pacific  Eailroad  to  a  point  on  the  easterly  line  of  lot 
two  of  Buhach  colony  ten  chains  southwest  of  the  northeast  corner  of 
said  lot;  thence  southwesterly  on  lot  lines  to  the  southeast  corner  of 
lot  twenty-four;  thence  southeasterly  to  the  northeast  corner  of  lot 
thirty-one;  thence  southwesterly  to  the  southeast  corner  of  lot  thirty- 
one;  thence  south  to  the  southeast  corner  of  lot  fifty-seven;  thence 
west  to  the  southwest  corner  of  lot  fifty-seven;  thence  south  on 
the  westerly  line  of  lot  fifty-six  to  the  southerly  line  of  canal  right 
of  way;  thence  southeasterly  along  said  canal  right  of  way  through 
lots  fifty-six,  fifty-five,  fifty,  fifty-one  and  fifty-two  to  the  east  line  ot 
lot  fifty-two;  thence  south  to  the  southeast  corner  of  lot  fifty -three,  all 
in  Buhach  colony;  thence  west  one  mile  to  the  northeast  corner  of  sec- 
tion twenty-three;  thence  south  one  mile  to  the  south-east  corner  of 
section  twenty-three;  thence  west  one-half  mile;  thence  north  one  mile; 
thence  west  one-half  mile  to  the  south-west  corner  of  section  fourteen; 
thence  north  one-half  mile;  thence  west  one-fourth  mile;  thence  north 
one-fourth  mile;  thence  west  three-eighths  mile;  thence  north  one-fourth 
mile;  thence  east  one  and  three-eighths  miles  to  the  southeast  corner 
of  lot  thirty,  Atwater  colony;  thence  north  one  mile  to  the  northeast 
eorner  of  lot  three,  Atwater  colony;  thence  west  to  the  northwest  corner 
of  lot  four  of  said  colony;  thence  north  to  the  north  line  of  the  state 
highway;  thence  northwesterly  along  state  highway  to  the  west  line 
of  section  two,  township  seven  south,  range  twelve  east.  Mount  Diablo 
base  and  meridian;  thence  north  to  the  northwest  corner  of  section 
two;  thence  west  to  the  quarter  corner  on  the  south  line  of  section 
thirty-four,  township  six  south,  range  twelve  east,  Mount  Diablo  base 
and  meridian;  thence  north  one  and  one-half  miles  to  the  center  of 
section  twenty-seven;  thence  east  about  one-half  mile  to  the  intersec- 
42 


Act  977,  §  7^  GENERAL   LAWS.  658 

tion  of  the  westerly  line  of  the  Livingston  canal  right  of  way;  thence 
southeasterly  along  the  southerly  line  of  said  canal  right  of  way  to 
the  south  line  of  section  twenty-six;  thence  east  to  the  northeast  corner 
of  section  thirty-five;  thence  south  about  one-half  mile  to  the  south 
line  of  said  canal  right  of  way;  thence  southeasterly  along  the  south 
line  of  said  canal  right  of  way  to  the  intersection  of  the  south  bound- 
ary of  section  thirty-one  of  township  six  south,  range  thirteen  east, 
Mount  Diablo  base  and  meridian;  thence  east  about  three-fourths  mile 
to  the  place  of  commencement. 

§  3.  Urgency  measure.  Inasmuch  as  there  are  in  said  district  bodies 
of  stagnant  water  in  close  proximity  to  a  large  number  of  residences; 
and  inasmuch  as  said  bodies  of  stagnant  water  are  injurious  to  the 
health  of  the  inhabitants  of  said  community,  and  for  the  preservation 
of  the  safety  and  health  of  the  public,  must  be  drained;  and  inasmuch 
as  this  act  is  necessary  to  provide  ample  power  for  the  drainage  of  said 
bodies  of  stagnant  water,  it  is  hereby  determined  and  declared  that  this 
act,  and  each  and  all  of  the  provisions  thereto,  constitute  and  is  an 
urgency  measure  necessary  for  the  immediate  preservation  of  the  pub- 
lic safety  and  health  within  the  meaning  of  section  one,  article  four 
of  the  constitution  and  shall  take  effect  and  be  in  full  force  immediately 
from  and  after  its  passage. 

ACT  977. 

An  act  to  create  a  drainage  district  to  be'  called  Knight's  Landing  ridge 
drainage  district;  to  promote  drainage  therein  by  the  making  of  a 
cut  through  Knight's  Landing  ridge,  and  the  construction  of  a  canal 
leading  therefrom;  to  provide  for  the  election  and  appointment  of 
officers  of  said  drainage  district;  defining  the  powers,  duties  and 
compensation  of  such  officers;  and  providing  for  levying  and  collect- 
ing assessments  upon  the  lands  within  said  drainage  district;  the 
issuance  of  bonds  by  said  drainage  district  and  testing  the  validity 
of  the  levy  of  such  assessments  and  the  issuance  of  such  bonds. 

[Approved  April  30,  1913.     Stats.  1913,  p.  109.] 
Amended  1915,  p.  546;  1917,  p.  277. 
The  amendment  of  1917  follows: 

§  71/2-  Assessments  adjudged  invalid  become  credit.  In  the  event 
that  any  land  owner  of  the  said  districts  shall  have  paid  the  amount, 
or  any  portion  of  the  amount,  assessed  against  any  tract  of  land  before 
said  assessment  shall  have  been  adjudged  invalid,  in  whole,  or  in  part, 
the  amount  so  paid  by  said  land  owner,  together  with  legal  interest 
thereon  from  the  date  of  such  payment,  shall  be  a  credit  and  shall  be 
credited  by  the  treasurer  of  the  county  where  the  assessment  list  is  filed, 
or  by  said  district,  or  upon  any  subsequent  assessment  on  the  tract  of 
land  on  which  the  said  invalitl  assessment  was  paid,  or  be  applied  in 
satisfaction  pro  tanto  of  any  such  subsequent  assessment  thereafter 
levied  on  said  tract.  [New  section  added  May  5,  1917;  Stats.  1917, 
p.  278.] 

The  amendment   adding  §  7K>    I0  the;   act   also  contained   the   following 
provision: 

§2.     Repealed.      All    acts   and    jmrts   of   acts  in   conflict   with   the   pro- 


659  DRAINAGE.  Acts  985, 988a,  §  1 

visions  of  this  act  are  hereby  repealed.     [New  section  added  May  5,  1917; 
Stats.  1917,  p.  277.] 

ACT  985. 

Au   act  to  promote  drainage. 
[Approved  March   18,  1885.     Stats.  1885,  p.  204.] 
Amended  1891,  p.  262;  1909,  p.  25;   1917,  p.  782. 
The  amendment  of  1917  follows: 

§  201/2.  Disincorporation  of  drainage  district.  Taxes  for  payment  of 
indebtedness.  Any  drainage  district  organized  under  the  provisions  of 
this  act  may  be  disincorporated  at  any  time  by  proceedings  had  in  the 
following   manner: 

Whenever  a  petition  praying  for  such  disincorporation  shall  be 
presented  to  the  trustees  of  said  district,  signed  by  a  majority  of  the 
electors  therein,  they  shall  call  an  election  in  the  same  manner  as  elec- 
tions for  members  of  the  board  of  trustees  are  called,  and  submit  to 
the  electors  of  said  district  the  question  of  disincorporation.  Said  elec- 
tion shall  be  held  in  all  respects  in  the  same  manner  as  regular  elec- 
tions of  trustees  of  the  district.  If  it  appears  that  two-thirds  of  the 
electors  voting  at  said  election  have  voted  in  favor  of  disincorporation, 
the  trustees  shall  cause  such  fact  to  be  entered  upon  their  minutes,  and 
shall  forward  a  copy  of  such  entry  to  the  board  of  sui^ervisors  of  the 
county  in  which  the  district  was  formed,  who  shall  file  the  same  with 
their  clerk,  and  from  the  date  of  such  filing,  said  district  shall  be  deemed 
disincorporated;  provided,  that  if  at  the  time  of  the  dissolution,  or  dis- 
incorporation of  said  district,  there  be  any  outstanding  bonded  or  other 
indebtedness  of  such  district,  then  taxes  for  the  payment  of  such  bonded 
or  other  indebtedness  shall  be  levied  and  collected  the  same  as  if  such 
district  has  not  been  dissolved  and  disincorporated,  but  for  all  other 
purposes  such  district  shall  be  deemed  dissolved  and  disincorporated 
from  the  time  of  the  forwarding  of  said  copy  of  such  entry  to  said  board 
of  supervisors.      [New  section  added  May  21,  1917;  Stats.  1917,  p.  782.] 

ACT  988a. 

An  act  declaring  certain  drainage  work  already  done  within  drainage 
district  number  one,  Butte  countj^,  to  have  been  legally  done,  vali- 
dating the  same,  and  making  such  work  a  proper  subject  for  the 
levy  of  an  assessment  to  pay  therefor;  authorizing  the  levy  and 
collection  of  such  assessment  in  said  district  to  provide  for  such 
payment,  and  interest;  the  original  assessment  levied  and  collected 
being  insufficient  to  provide  for  such  payment. 

[Approved  May  21,  1917.     Stats.  1917,  p.  789.     In  effect  July  27,  1917.J 

§  1.  Work  in  drainage  district  No.  1,  Butte  county  validated.  All 
the  work,  labor,  and  services  rendered  drainage  district  number  one 
in  the  county  of  Butte,  state  of  California,  in  the  construction,  mainte- 
nance and  repair  of  main  and  lateral  drainage  ditches,  and  drainage 
works,  already  done  upon  lands  lying  within  said  district,  for  the  pay- 
ment for  which  the  original  assessment  levied  and  collected  under  the 
provisions  of  the  act  entitled,  "An  act  to  promote  drainage,"  approved 
March  18,  1885,  as  amended,  was  insufficient,  is  hereby  declared  to  have 


Act  988b,  §§  2, 3  general  laws.  660 

been  legally  done,  is  hereby  validated  and  is  hereby  made  a  proper  sub- 
ject for  the  levy  of  an  assessment  for  the  payment  therefor. 

§  2.     Statement  to  board  of  supervisors.     Order  to  make  assessment. 

The  board  of  trustees  of  said  drainage  district  is  hereby  authorized 
and  empowered  to  present  to  the  board  of  supervisors  of  said  county, 
a  statement  of  all  the  work,  labor  and  services  rendered  said  district 
in  the  construction,  maintenance  and  repair  of  main  and  lateral  drain- 
age ditches,  and  drainage  works,  already  done  upon  lands  lying  within 
said  district,  for  the  payment  for  which  the  original  assessment  levied 
and  collected  under  the  provisions  of  said  act  approved  March  18,  1885, 
as  amended,  was  insufficient.  Such  statement  shall  contain  a  memo- 
randum of  the  unpaid  claims  existing  by  reason  of  the  performance  of 
said  work,  and  the  names  of  the  respective  claimants;  and  shall  specify 
those  claims  included  in  said  memorandum  for  which  warrants  have  been 
issued,  if  there  are  any  such  claims,  and  the  date  of  their  registration, 
and  shall  also  specify  those  claims  included  in  said  memorandum  for 
which  no  warrants  have  been  issued,  if  there  are  any  such  claims.  Said 
board  of  supervisors  is  hereby  authorized  and  empowered  to  make  an 
order  directing  that  the  commissioners  who  made  such  original  assess- 
ment, or  other  commissioners  to  be  named  in  such  order,  assess  upon 
the  lands  situated  within  said  district  a  charge  proportionate  to  the 
whole  expense  incurred  for  such  work,  the  total  of  which  shall  not  exceed 
the  sum  of  six  thousand  dollars,  and  to  the  benefit  which  has  resulted 
from  such  work;  which  charges  must  be  collected  and  paid  into  the 
county  treasury  of  said  county  either  in  cash  or  in  regularly  issued 
warrants  of  said  district  as  hereinafter  provided,  and  must  be  placed 
by  the  treasurer  of  said  county  to  the  credit  of  said  district,  and  applied 
to  the  payment  of  said  claims,  and  to  the  payment  of  interest  on  any 
of  said  claims  for  which  warrants  were  issued  and  registered,  at  the 
rate  of  six  per  cent  per  annum,  from  the  respective  dates  of  registra- 
tion, upon  the  warrants  of  said  trustees,  approved  by  said  board  of 
supervisors. 

§  3.  Warrants.  All  such  warrants  drawn  by  said  trustees  must,  after 
they  have  been  approved  by  said  board  of  supervisors,  be  presented 
to  said  treasurer;  and  if  they  are  not  paid  on  presentation  like  indorse- 
ment must  be  made  thereon,  and  they  must  be  registered  in  like  man- 
ner as  county  warrants,  and  paid  in  the  order  of  their  registration.  All 
of  such  warrants  shall,  from  the  date  of  their  registration,  bear  interest 
at  the  rate  of  six  per  cent,  ]ier  annum;  provided,  however,  that  any 
of  such  warrants  may  be  used  in  tlie  payment  of  the  assessment  herein 
providei]   for  without  regard  to  tlic  order  of  their  registration. 

ACT  'J88b. 

.\n  act  validating  the  formation  and  organization  of  Los  Angeles  County 
Drainage  District  Jniprovetiient  No.  1  under  the  provisions  of  an 
act  of  the  legislature  of  the  state  of  California  approved  March  21, 
1903,  as  amended  May  7,  H)!."),  and  entitled  as  amended,  "An  act  to 
l)romote  tlie  drainage  of  wet,  s\\ani|i  ;inil  (ivcrdowcd  lands  and  to 
jirornotf    the    public    Jicalth    in    the    cdninin  nit  ics    in    which    tliey    lie, 


661  EGGS.  Act  991a,  i;§  1-G 

providing  for  tiic  issuance  of  lands  and  levying  of  assessments  6n 
lauds  benefited,  to  jiay  the  costs  and  expenses  thereof."  [Approved 
March  4,   1917.     Stats.  1917,  p.  227.]. 

The  nature  and  purpose  of  the  act  sufficiently  appear  from  the  title. 

TITLE  160. 
EGGS. 
ACT  991a. 

An  act  to  regulate  the  sale  of  eggs  which  have  been  in  transit  more  than 
thirty-one    days,    and    prescribing    penalties    for    violations    thereof. 

[Approved  May  5,  1917.     Stats.  1917,  p.  258.     In  effect  July  27,  1917. J 

§  1.  Words  defined.  For  the  purpose  of  this  act  the  words  "person, 
firm,  company  or  corporation"  shall  include  wholesalers,  retailers,  job- 
bers, and  every  person,  firm,  company  or  corporation  owning,  operating 
or  conducting  any  place  of  business  where  eggs  are  sold  or  offered  for 
sale. 

§  2.  Eggs  in  transit  more  than  thirty-one  days  to  be  marked  "storage." 
Every  person,  firm,  company  or  corporation  who  sells,  offers  for  sale, 
or  has  in  his  or  their  possession  for  sale,  or  consigns,  ships  or  presents 
to  any  dealer,  commission  merchant,  consumer,  or  other  person,  any  egg 
or  eggs  which  said  egg  or  eggs  is  or  were  produced  at  any  place  requir- 
ing thirty-one  days  or  more  to  transport  the  eggs  to  the  selling  point, 
shall,  before  so  doing,  cause  to  be  stamped,  marked  or  branded  upon 
Liie  container  thereof  in  black-faced  letters  not  less  than  one-half  of  an 
inch  in  height  the  word  "storage." 

§  3.  Display  of  sign  in  salesroom.  Every  person,  firm,  company  or 
corporation  selling  or  offering  for  sale  any.  eggs  which  were  produced 
at  any  place  requiring  thirty-one  days  or  more  to  transport  the  eggs 
to  the  selling  point,  prior  to  the  date  of  sale  or  offering  for  sale,  shall 
display  in  a  conspicuous  place  in  his  or  their  public  salesroom  a  sign 
which  shall  not  be  less  than  one  foot  in  height  and  six  feet  in  length, 
bearing  the  words  "storage  eggs  sold  here"  in  black-faced  letters  not 
less  than  six  inches,  in  height  and  one  inch  in  width  upon  a  white  ground. 

§  4.  Report  to  state  board  of  health.  Every  person,  firm,  company  or 
corporation  who  receives  eggs  that  have  been  produced  at  any  place  re- 
quiring thirty-one  days  or  more  to  transport  the  eggs  to  the  selling  point, 
prior  to  their  sale  or  offering  for  sale,  shall,  immediately  thereafter  re- 
port to  the  state  board  of  health  the  number  of  eggs  received,  the  date 
when  received  and  the  place  where  such  eggs  were  produced,  and  the 
name  of  the  person,  firm,  company  or  corporation  to  whom  sold. 

§5.  Enforcement.  It  shall  be  the  duty  of  the  state  board  of  health 
to  enforce  the  provisions  of  this  act,  and  to  that  end  the  said  board 
may  make  necessaiy  rules  and  regulations. 

§  6.  Penalty.  Every  person,  firm,  company  or  corporation  who  shall 
fail  to  comply  with  any  of  the  provisions  of  this  act  is  guilty  of  a  mis- 


Act  1010,  §  1  GENERAL    LAWS.  662 

demeanor  and  upon  conviction  thereof  shall  be  punished  by  imprisonment 
in  the  county  jail  for  not  more  than  six  months;  or  by  a  fine  of  not 
more  than  two  hundred  dollars,  or  by  both  such  fine  and  imprisonment 
in  the  discretion  of  the  court. 

TITLE  162. 

ELECTIONS. 

ACT  1010. 

An  act  to  provide  for  and  regulate  primary  elections,  and  providing  a 
method  for  choosing  the  delegates  for  political  parties  to  state 
conventions  and  for  nominating  electors  of  President  and  Vice- 
president  of  the  United  States,  and  providing  for  the  election  of 
party  county  central  committees,  and  to  repeal  the  act  approved 
April  7,  1911,  knovpn  as  the  direct  primary  law,  and  also  to  repeal 
the  act  approved  December  24,  1911,  amending  sections  1,  3,  5,  7, 
10,  12,  13,  22,  23,  and  24  of  the  said  direct  primary  law,  and  also 
to  repeal  all  other  acts  or  parts  of  acts  inconsistent  with  or  in  con- 
flict   wnth    the    provisions    of    this    act. 

[Approved  June  16,  1913.     Stats.  1913,  p.  1379.] 

Repealed  1915,  p.  239.     Amended  1916   (Extra  Session),  p.  41;   1917, 
p.  1341. 

The  repealing  act  of  1915  was  defeated  by  a  referendum  at  a  general 
election  held  October  26,  1915. 

The  amendatory  act  of  1916  (Extra  Session)  was  repealed  by  a  ref- 
erendum at  a  general  election  held  November  7,  1916.  The  act  in  force 
therefore  consists  of  the  original  act  of  1913  as  amended  in  1917.  The 
act  is  herewith  given  in  full; 

§  1.  Definitions.  "Words  and  phrases  where  used  in  this  act  shall,  un- 
less such  construction  be  inconsistent  with  the  context,  be  construed 
as  follows: 

1.  The  words  "primary  election,"  any  and  every  primary  nominating 
election  provided  for  by  this  act. 

2.  The  words  "August  primary  election,"  tlu^  primary  election  held  in 
August  to  nominate  candidates  to  be  voted  for  at  the  ensuing  November 
election  or  to  elect  members  of  a  party  central  committee  or  delegates 
1o  a  party  convention. 

3.  The  woi'ds  "May  iiresidential  primary^  election,"  any  such  primary 
election,  held  in  May  of  each  year  of  the  general  November  election  at 
which  electors  of  President  and  Vice-president  of  the  United  States  are 
to  l)c  chosen,  as  shall  i)rovide  for  the  indication  of  preference  in  the 
several  ymlitical  j)artics  for  party  candidates  for  President  of  the  United 
States  tlirougli  the  election   of  delegates   to  national  party   conventions. 

1.  The  word  "election,"  a  general  state,  county,  city  or  city  and  county 
election  as  distinguished  from  a  primary  election,  recall  election,  or 
special  election. 

5.  The  words  "Xovemhi'i  clt'ctioii,"  citlicr  the  incsidciitial  election,  or 
the  general  state,  county,  or  city  ami  idiuily  chM-tion  held  in  November 
of  each  even  numbered  year. 


663  ELECTIONS.  Act  1010,  ^  1 

a.  The  words  "judicial  officer,"  any  justice  of  the  supreme  court,  jus- 
tice of  a  district  court  of  appeal,  judge  of  the  superior  court,  justice 
of  the  peace,  or  justice  of  such  inferior  court  as  the  legislature  may  es- 
tablish in  any  county,  township,  incorporated  city  or  town,  or  city  and 
county;  and  the  words  "judicial  office,"  the  office  filled  by  any  of  the 
above  judicial  officers. 

7.  The  words  "school  officer,"  the  superintendent  of  public  instruction 
and  the  superintendent  of  schools  of  a  county  or  city  and  county;  and  the 
words  "school  office,"  the  office  filled  by  any  of  the  above  school  officers. 

8.  The  words  "county  officer,"  any  officer  elected  within  the  boundaries 
of  any  county  or  city  and  county  except  a  member  of  the  state  board 
of  equalization,  judge  of  the  superior  court,  justice  of  the  peace,  member 
of  the  state  senate  or  assembly  or  a  member  of  the  house  of  representa- 
tives of  the  congress  of  the  United  States  or  a  mepiber  of  any  party 
county  central  committee  or  delegate  to  a  state  convention  from  a  hold- 
over senatorial  district;  and  the  words  "county  office,"  the  office  filled 
by  any  county  officer.  The  words  "township  officer,"  any  such  county 
officer  as  is  elected  within  the  boundaries  of  any  judicial  township  that 
is  now  or  may  be  hereafter  provided  by  law;  and  the  words  "township 
office,"  the  office  filled  by  any  township  officer. 

9.  The  word  or  words  "political  party,"  "party,"  "political  organiza- 
tion," or  "organization,"  a  political  party  or  organization  of  electors 
which  has  qualified,  as  hereafter  provided,  for  participation  in  any 
primary  election;  and  such  party  or  organization  shall  be  deemed  to  have 
so  qualified  when  one  or  both  of  the  following  conditions  have  been 
complied  with: 

(a)  Qualification  as  political  party.  If  at  the  last  preceding  Novem- 
ber election  there  was  polled  for  any  one  of  its  candidates  who  was  the 
candidate  of  such  party  only  for  any  office  voted  on  throughout  the 
state,  at  least  three  per  cent  of  the  entire  vote  of  the  state,  or  for  any 
one  of  its  candidates  who  was  the  joint  candidate  of  such  party  and 
any  other  party  for  any  office  voted  on  throughout  the  state,  at  least 
six  per  cent  of  the  entire  vote  of  the  state;  or 

(b)  If  on  or  before  a  date  which  shall  be  the  seventy-fifth  day  before 
any  primary  election,  there  shall  be  filed  with  the  secretary  of  state 
a  petition  signed  by  registered  qualified  electors  of  the  state,  equal  in 
number  to  at  least  three  per  cent  of  the  entire  vote  of  the  state  at  the 
last  preceding  November  election,  declaring  that  they  represent  a  poli- 
tical party  or  organization  the  name  of  which  shall  be  stated  therein, 
which  party  said  electors  desire  to  have  participate  in  such  primary 
election;  such  petition  to  be  circulated,  signed,  and  the  signatures  thereon 
of  the  registered  electors  certified  to  and  transmitted  to  the  secretary 
of  state  by  the  county  clerks  substantially  as  provided  in  section  five  of 
this  act,  for  the  circulation,  signing,  certification,  and  transmission 
of  nomination  papers  for  state  officers;  providing,  however,  that  no 
electors  or  organization  of  electors  shall  assume  a  party  name  or  desig- 
nation which  shall  be  so  similar  to  the  name  of  an  existing  part}-  or 
organization  as  to  mislead  voters. 


Act  1010,  §§  2-J:  GENERAL    LAWS.  664 

Construction.  This  statute  shall  be  liberally  construed,  so  that  the 
real  will  of  the  electors  shall  not  be  defeated  by  any  informality  or 
failure  to  comply  with  all  the  provisions  of  this  law. 

In  counties  having  registrar.  In  each  county  and  city  and  county  in 
this  state,  having  a  registrar  of  voters  or  registrar  of  voters  and  a  board 
of  election  commissioners,  the  powers  conferred  and  the  duties  imposed 
in  this  statute  upon  a  county  clerk  and  his  deputies,  and  other  officers, 
in  relation  to  matters  of  election  and  polling  places,  shall  be  exercised 
and  performed  by  such  registrar  of  voters  or  his  deputies,  or  registrar 
of  voters  or  Ms  deputies  and  board  of  election  commissioners;  and  all 
nominating  papers,  list  of  candidates,  expenses,  and  oaths  of  office,  re- 
quired by  this  statute  to  be  made  to  or  filed  with  county  clerks,  shall 
be  made  to  or  filed  with  the  registrar  of  voters.  [Amendment  approved 
May  29,  1917;  Stats.  1917,  p.  1311.] 

§  2.  Nomination  of  candidates.  All  candidates  nominated  at  a  pri- 
mary election  for  elective  public  offices  shall  be  nominated  by  direct  vote 
at  such  election  held  in  accordance  with  the  provisions  of  this  act;  pro- 
vided, that  electors  of  President  and  Vice-president  of  the  United  States 
shall  be  nominated  as  provided  in  subdivision  2  of  section  24  of  this  act. 
This  act  shall  not  apply  to  recall  elections  or  to  special  elections  to  fill 
vacancies;  nor  to  the  nomination  of  officers  of  municipalities,  counties,  or 
cities  and  counties  whose  charters  provide  a  system  for  nominating  candi- 
dates for  such  officers;  nor  the  nomination  of  officers  for  any  district  not 
formed  for  municipal  purposes;  nor  to  the  nomination  of  freeholders  to 
be  elected  for  the  purpose  of  framing  a  charter;  nor  to  the  nomination 
of  officers  for  cities  of  the  fifth  and  sixth  classes,  nor  to  the  nomination 
of  school  district  officers.  [Amendment  ap^iroved  May  29,  1917;  Stats. 
]917,  p.  1343.] 

§3.  August  primary.  Legal  holidays.  The  August  primary  election 
shall  be  held  at  the  legally  designated  polling  places  in  each  precinct  on 
the  last  Tuesday  in  August,  for  the  nomination  of  all  candidates  to  be 
voted  for  at  the  ensuing  November  election.  The  day  of  the  August 
primary  election  and  the  day  of  the  May  presidential  primary  election 
are  hereby  declared  to  be  holidays  within  the  meaning  of  section  10  of 
the  Political  Code.  Any  person  entitled  to  vote  at  such  August  or  May 
primary  elections  shall,  on  the  day  of  such  election,  be  entitled  to  absent 
himself  from  any  service  or  employment  in  which  he  is  then  engaged  or 
employed,  for  the  period  of  two  consecutive  hours,  between  the  time  of 
opening  and  the  time  of  closing  the  polls;  and  such  voter  shall  not,  be- 
cause of  so  absenting  himself,  lie  ll.ilile  to  any  ])enalty,  nor  shall  any 
deduction  be  made,  on  account  of  such  absence,  from  his  usual  salary 
or  wages.  Any  primary  election  other  than  the  August  primary  election, 
or  May  presidential  primary  election  sliall  be  held  on  Tuesday,  three 
weeks  next  preceding  the  election  for  which  such  ]>rimary  election  is  held. 

§  1.  Statement  of  electors  registered.  Notice  of  offices  for  which 
candidates  are  to  be  nominated.  On  the  l weutylifth  day  Ijeforo  the 
(irst  Tuesday  in  May,  on  fh(!  twenty-fifth  day  b<;fore  the  last  Tuesday 
in  August,  and  on  the  twenty-fifth  day  before  the  date  of  the  November 


665  ELECTIONS.  Act  1010,  §  5 

election,  in  each  even  unnibered  year,  the  county  clerk  or  registrar  of 
voters  of  each  county  or  city  and  county  sliall  transmit  a  statement  to 
the  secretary  of  state  of  the  total  number  of  electors  registered  in  his 
county  between  the  first  day  of  January  next  preceding  and  a  date  in 
each  instance  five  days  preceding  the  date  of  transmission  of  such  state- 
ment as  herein  provided  for,  together  with  the  number  so  registered 
under  each  of  the  several  political  affiliations,  and  also  the  number  de- 
clining or  failing  to  declare  such  affiliation.  At  least  seventy  days  be- 
fore the  time  of  holding  the  August  primary  election  in  1918  and  bien- 
nially thereafter,  the  secretary  of  state  shall  prepare  and  transmit  to 
each  county  clerk  and  to  the  registrar  of  voters  in  any  city  and  county 
a  notice  in  writing  designating  all  the  offices,  except  township  offices,  for 
which  candidates  are  to  be  nominated  at  such  primary  election,  together 
with  the  names  of  the  political  parties  qualified  to  participate  in  such 
election. 

2.  Publication  of  notice.  Within  ten  days  after  receipt  of  such  no- 
tice such  county  clerk  or  registrar  of  voters  in  any  city  and  county  shall 
publish  once  in  each  week  for  two  successive  weeks  in  njot  more  than 
two  newspapers  published  in  such  county  or  city  and  county  so  much 
thereof  as  may  be  applicable  to  his  county,  including  a  statement  of  the 
township  offices  in  the  county  for  which  candidates  are  to  be  nominated, 
and  a  statement  of  the  number  of  members  of  the  county  central  com- 
mittee to  be  elected  by  each  political  j^arty  in  each  supervisorial  or 
assembly  district,  as  the  case  may  be,  according  to  the  provisions  of  sub- 
division 4  of  section  24  of  this  act. 

3.  Publication  of  notice  of  other  primaries.  In  the  case  of  primary 
elections  other  than  the  August  primary  elections  the  city  clerk  or  sec- 
retary of  the  legislative  body  of  the  political  subdivision  for  which  such 
primary  election  shall  be  held  shall  cause  one  publication  of  such  notice  to 
be  given,  such  publication  to  be  not  more  than  forty  and  not  less  than 
fourteen  days  before  such  primary  election.  [Amendment  approved 
May  29,  1917;  Stats.  1917,  p.  1344.] 

§5.  Method  of  getting  name  on  ballot.  1.  The  name  of  no  candidate 
shall  be  printed  on  an  official  ballot  to  be  used  at  any  primary  election 
unless  at  least  forty  days  prior  to  the  primary  election,  if  the  candidate 
is  to  be  voted  for  at  the  August  primary  election  or  the  May  presidential 
primary  election,  and  at  least  twenty-five  days  prior  to  the  primary 
election,  if  the  candidate  is  to  be  voted  for  at  a  primary  election  other 
than  the  August  or  May  primary  election,  a  nomination  paper  nominating 
such  candidate  shall  have  been  prepared,  circulated,  signed,  verified  and 
left  with  the  county  clerk  for  examination,  or  for  examination  and  fil- 
ing, in  the  manner  provided  by  this  act. 

2.  Verification  deputies.    Form  of  documents.    Additional  deputies,   (a) 

The  candidate  may  aiipoint  verification  of  dei)uties  to  serve  within  the 
county  or  city  and  county  in  which  such  deputies  reside  in  securing 
signatures  to  his  nomination  paper  for  nomination  to  the  office  for  which 
he  is  a  candidate,  and  the  verification  deputies  thus  appointed  shall  be 
recognized   as   the   duly    authorized   verification   deputies    to    secure    sig- 


Act  1010,  §  5  GENERAL    LAWS.  666 

natures  to  the  nomination  paper  of  such  candidate  in  such  county  or 
city  and  county.  The  document  in  which  such  verification  deputies  are 
appointed  as  herein  provided  shall  be  filed  with  the  county  clerk  of 
the  county  or  city  and  county  in  which  such  verification  deputies  reside, 
at  or  before  the  time  the  nomination  paper  of  the  candidate  is  left  with 
the  county  clerk  for  filing  or  for  examination  as  provided  in  subdivision 
4  of  this  section.  Said  document  shall  be  in  substantially  the  following 
form: 

I,  the  undersigned,  a  candidate  for  the  ;  party  nomination  for  the 

office  of ,  which  nomination  is  to  be  made  by  direct  note  at  a  pri- 
mary  election   to  be  held  on   the  day  of  August,   19 — ,   do   hereby 

ajipoint  the  following  registered  qualified  electors  of  the  county  of , 

as  verification  deputies  to  obtain  signatures  in  said  county  to  a  nomina- 
tion paper  placing  me  in  nomination  as  a  candidate  of  said  '  party 

for  said  office  of  . 

Verification  Deputies. 
Name.  Eesidence. 


etc.  etc. 

(Signature) . 

(Residence) . 

Filed  in  the  office  of  the  county  clerk  of  county  this  dav  of 

,  19—. 

,   County  Clerk. 

By  ,  Deputy. 

In  case  it  is  desired  to  appoint  additional  verification  deputies  to  se- 
cure signatures  to  the  nomination  paper  of  such  candidate,  one  or  more 
similar  documents  may  be  filed  to  supplement  the  first  document.  When 
the  office  for  which  the  candidate  is  proposed  is  a  judicial,  school,  county, 

township  or  municipal  office,  the  words  " party,"  and  the  words  "of 

said    party,"    shall    be    omitted    from    said    document.     Or,    as    an 

alternative  to  the  foregoing  portion  of  this  section  and  subdivision, 
verification  deputies  maj'  be  appointed  in  behalf  of  a  candidate  as  fol- 
lows: 

2.  Five  electors  may  propose  candidate.  Consent  of  candidate.  Form 
of  document.  Additional  deputies,  (b)  Any  five  qualified  electors  of 
any  county  or  city  and  county  who  are  registered  as  intending  to  affiliate 
with  the  same  political  party  may  join  in  proposing  a  candidate  for 
nomination  to  any  office  to  be  voted  on  in  such  county  or  city  and  county 
at  the  next  ensuing  primary  election,  and  in  appointing  verification 
deputies  to  serve  within  such  county  or  city  and  county  in  securing  sig- 
natures to  the  nomination  paper  of  such  candidate  for  such  office.  If 
the  office  is  an  ofTicc  the  candidate  for  wliich  is  to  be  voted  on  in  more 
tlian  one  county,  ln'  may  be  |iro[i(is('i|  tOi-  nomination  as  herein  provided 
l)y  five  of  the  registered  (jualified  electors  in  each  of  the  counties  in 
wliich   such   electors  may  desire   to  circulate  a  nomination   paper   in   his 


667  ELECTIONS.  Act  1010,  ^  5 

behalf.  The  signatures  of  the  said  five  qualiliod  electors  sliall  be  veri- 
fied free  of  charge  before  any  officer  authorized  to  administer  an  oath, 
and  the  document  containing  such  signature  shall  be  filed  with  the 
county  clerk  of  the  county  or  city  and  county  in  which  said  five  quali- 
fied electors  reside,  at  or  before  the  time  the  nomination  jiaper  of  the 
candidate  is  left  with  the  county  clerk  or  registrar  of  voters  for  filing 
or  for  examination  as  provided  in  subdivision  four  of  this  section.  In 
said  document  the  five  signers  shall  make  affidavit  that  the  candidate 
therein  named  for  the  office  therein  specified  has  given  his  consent  to 
be  thus  proposed  for  nomination  to  such  office;  and  shall  also  state  that 
the  verification  deputies  therein  appointed  are  duly  registered  qualified 
electors  of  said  county  or  city  and  county;  and  the  verification  deputies 
thereii^  appointed  shall  be  recognized  as  the  duly  authorized  verification 
deputies  to  secure  signatures  to  the  nomination  paper  of  such  candidate 
in  such  county  or  city  and  county.  Said  document  shall  be  substan- 
tially in  the  following  form: 

State  of  California, 

County  of  ,  ss. 

We,  the  undersigned,  do  solemnly  swear  (or  affirm)   that  we  are  each 

qualified  electors  of  the  county  of  ,  state  of  California,  and  that  we 

are  each  registered  as  intending  to  affiliate  with  the  party  and  we 

do  hereby  propose ,  who  resides  at  No.  , street  in  the  city 

of    (or  in   the   town   of)    ,   county   of ,   as   a   candidate   for   the 

nomination  of  such  party  for  the  office  of  ,  to  be  voted  for  at  the 

primary  election   to   be  held  on  the  day  of  August,  19 — ;   and  we 

do  solemnly  swear  (or  affirm)  that  said  has  consented  to  this  pro- 
posal of  his  name  as  candidate  for  the  nomination  for  said  office.  We 
hereby  appoint  the  following  registered  qualified  electors  of  this  county 
as  verification  deputies  to  obtain  signatures  in  this  county  to  the  nom- 
ination paper  of  said  to  said  office  of  . 

Verification  Deputies. 
Name.  Eesidence. 


I  etc.  etc. 

(Signed) 

Residence. 


Subscribed  and  sworn  to  before  me  this  day  of ,  19 — . 

(Seal)  ' 

Notary  public    (or   other  official). 

In  case  it  is  desired  to  appoint  additional  verification  deputies  to  secure 
signatures  to  the  nomination  paper  of  said  candidate,  one  or  more  similar 
documents   may  be   filed,   to  supplement   the   first   document.     When   the 


Act  1010,  §  5  GENERAL   LAWS.  668 

office  for  which  the  candidate  is  proposed  is  a  judicial,  school,  county, 
township,  or  municipal  office,  the  provisions  of  this  subdivision  shall 
apply,  except  that  the  five  qualified  electors  shall  make  no  statement 
of  their  party  affiliation  and  may  be  affiliated  with  different  parties  or 
with  no  party;  and  the  candidate  proposed  for  nomination  shall  not  be  so 
proposed  as  the  candidate  of  any  party. 

?,.  Obtaining  signatures  to  nomination  papers.  Presentation  in  sec- 
tions. Affidavit  of  deputies.  Sections  returned  to  five  electors.  Form 
of  each  section.  Deputy's  affidavit.  Judicial  office.  Verification  depu- 
ties appointed  as  provided  in  subdivision  two  of  this  section  to  obtain 
signatures  to  the  nomination  paper  of  any  candidate  for  any  office  to 
be  voted  for  at  any  primary  election,  may,  at  any  time  not  mo^e  than 
sixty-five  days  nor  less  than  forty  days  prior  to  such  election,  obtain 
signatures  to  such  nomination  paper  of  such  candidate  for  such  office; 
each  signer  of  a  nomination  paper  shall  sign  but  one  such  paper  for  the 
same  office,  except  that  in  case  two  or  more  persons  are  to  be  elected  to 
the  same  office  at  the  same  election,  an  elector  may  sign  the  nomination 
papers  of  as  many  persons  as  there  are  persons  to  be  elected  to  such 
office,  and  such  act  on  the  part  of  such  elector  shall  not  be  deemed  in 
conflict  with  the  signer's  statement  hereinafter  provided.  In  the  case 
of  primary  elections  other  than  August  primary  elections  or  May  presi- 
dential primary  elections,  signatures  may  be  obtained  not  more  than 
forty  days  nor  less  than  twenty-five  days  prior  to  such  election. 

He  shall  also  declare  his  intention  to  support  such  candidate  for 
nomination,  and  shall  add  his  place  of  residence,  giving  his  street  and 
number  if  any.  ,His  election  precinct  shall  also  appear  on  the  paper  just 
preceding  his  name,  and  he  shall  write  the  date  of  his  signature  at  the 
end  of  the  line  just  after  his  residence.  Any  nomination  paper  may  be 
presented  in  sections,  but  each  section  shall  contain  the  name  of  the 
candidate  and  the  name  of  the  office  for  which  he  is  proposed  for  nom- 
ination. Each  section  shall  bear  the  name  of  the  city  or  town,  if  any, 
and  also  the  name  of  the  county  or  city  and  county,  in  which  it  is  cir- 
culated, and  only  qualified  electors  of  such  county  or  city  and  county, 
registered  as  intending  to  affiliate  with  the  political  party  by  which  the 
nomination  is  to  be  made  shall  be  competent  to  sign  such  section.  Any 
section  circulated  within  any  incorporated  city  or  town  shall  be  signed 
only  by  registered  qualified  electors  of  such  city  or  town.  Each  sep- 
tion  shall  be  prepared  with  the  lines  for  signatures  numbered,  and  shall 
have  attached  thereto  the  affidavit  of  the  verification  deputy  who  has 
obtained  signatures  to  the  same,  stating  that  all  the  signatures  to  the 
attached  section  were  made  in  his  presence,  and  that  to  the  best  of  his 
knowledge  and  belief,  each  signature  to  the  section  is  the  genuine  sig- 
nature of  the  i)erson  whose  name  it  purports  to  be;  and  no  other  affidavit 
thereto  shall  be  required.  The  afiidavit  of  any  verification  deputy  ob- 
taining signatures  liereunder  shall  be  verified  free  of  charge  by  any 
ofTiccr  authorized  to  administer  an  oath.  .Such  nomination  paper  so 
verified  shall  bf  |iriiii;i  Taiic  r\  idcncc  tliiil  llu;  signatures  thereto  ap- 
pended are  genuine,  and  tluit  I  lie  pcisons  signing  the  same  are  registered 
qualified  electors,  unless  ami  until  it  is  otherwise  proven  l)y  comparison 
of  such  Hignatnres  with  tiie  aflidavits  of  resignation  in  the  office  of  the 


669 


ELECTIONS. 


Act  1010,  5;  5 


county  fJerk  or  registrar  of  voters.  Each  section  of  the  nomination 
paper,  after  being  verified,  shall  be  returned  by  the  verification  deputy 
who  circulated  it  to  one  of  the  five  electors  by  whom  the  said  verifica- 
tion deputy  was  appointed;  and  in  this  manner  all  the  sections  circulated 
in  any  county  shall  be  collected  by  said  five  electors  of  that  county  and 
shall  be  by  them  arranged  for  filing  or  for  examination,  as  provided  in 
subdivision  four  of  this  section,  and  shall  then  be  by  some  one  of  them 
filed  for  examination  and  filing.  In  case  said  verification  deputy  was 
appointed  directly  by  the  candidate  according  to  the  provisions  of  sub- 
division two  (a)  of  this  section,  the  collecting,  arranging,  and  filing,  or 
leaving  for  examination  and  filing,  of  the  sections  of  the  nomination 
paper  shall  be  done  by  the  candidate,  or  on  his  behalf,  instead  of  by 
the  "five  electors"  as  hereinbefore  provided.  Each  section  of  the  nom- 
ination paper  shall  be  in  substance  as  follows: 

County  of  ,  city   (or  town)    of (if  any). 


party   nomination   for 


Nomination  paper  of   ,   candidate   for  - 

the  office  of . 

State  of  California, 

County  of  ,  ss. 

Signer's  Statement. 

T,  undersigned,  am  a  qualified  elector  of  the  city   (or  town)    of  , 

county  of  — ^ — ,  state  of  California,  and  am  registered   as  intending  to 

affiliate  with  the  party;  and  I  hereby  nominate  who  resides  at 

No. street,  city  of ,  county  of  ,  state  of  California,  as 

a  candidate  for  the  nomination  of  the  pai'ty  for  the  office  of  

to  be  voted  for  at  the  primary  election  to  be  held  on  the  day  of 

August,  19 — .  I  have  not  signed  the  nomination  paper  of  any  other 
candidate  for  the  same  office,  and  I  further  declare  that  I  intend  to 
support  for  such  nomination  tlie  candidate  named  herein. 

I  furthermore  declare  that  I  have  not  signed  the  nomination  paper  of 
this  candidate  or  any  other  candidate  for  office,  as  candidate  of  any 
other  party  at  such  primary  election. 


Xo. 

Precinct 

Signature 

Residence 

Date 

1 

9. 

3 

4 

^^ 

etc. 

1 

Verification  Deputy's  Affidavit. 
I,  ,  solemnly  swear  (or  affirm)  that  I  have  been  appointed  ac- 
cording to  the  provisions  of  subdivision  2,  section  5  of  the  direct  pri- 
mary law,  as  a  verification  deputy  to  secure  signatures  in  the  county 
of  to  tie  nomination  paper  of  as  candidate  for  the  nomina- 
tion of  the party  for  the  office  of  ;  that  all  the  signatures  on 

this    section    of    said    nomination    paper,    numbered    from    one    to    

inclusive,  -were  made  in  my  presence,  and  that,  to  the  best  of  my  knowl- 


Act  1010,  §  5  GENERAL    LAWS.  670 

edge,  and  belief,  each  of  said  signatures  is  tbe  genuine  signature  of  the 
person  whose  name  it  purports  to  be. 

(Signed) 

Verification  deputy. 

Subscribed  and  sworn  to  before  me  this day  of ,  19 — . 

(Seal)  

Notary  public   (or  other  official.) 

In  the  case  of  a  nomination  paper  for  any  candidate  for  a  judicial, 
school,  county,  township  or  municipal  office,  the  provisions  of  this  subdi- 
vision shall  apply,  except  that  no  such  nomination  paper  nor  any  section 
thereof  shall  contain  the  name  of  any  political  party  and  any  nomina- 
tion paper  for  any  candidate  for  a  judicial  office,  school  office,  county 
office,  township  office,  or  municipal  office  may  be  signed  by  any  registered 
qualified  elector  of  the  county  or  city  and  county,  whether  registered  as 
being  affiliated  with  any,  or  with  no,  political  party. 

4.  Arrangement  prior  to  filing.  Form  of  index.  Candidates  voted 
for  in  more  than  one  county.  Examination  by  clerk.  Time  for  filing. 
Persons  who  may  not  verify  signatures.  Statement  of  candidate.  Prior 
to  the  filing  of  a  nomination  paper  for  any  candidate,  the  sections  thereof 
must  be  numbered  in  order  and  fastened  together  by  cities  or  towns  or 
portions  of  the  county  not  included  in  such  cities  or  towns,  substantially 
in  the  manner  required  for  the  binding  of  affidavits  of  registration  by 
the  provisions  of  section  1113  of  the  Political  Code;  provided,  that  the 
sections  of  the  nomination  paper  may  be  preceded  by  an  index  of  pre- 
cincts, arranged  by  cities,  towns  or  outside  territory  in  the  numerical  or 
alphabetical  order  of  such  precincts  for  each  such  city,  town  or  outside 
territory  and  showing  after  the  name  or  number  of  such  precinct  the 
numbers  of  the  sections  on  which  the  names  of  the  electors  registered  in 
such  precinct  are  to  be  found,  and  after  the  number  of  each  section,  the 
number  (in  parentheses)  of  times  such  names  are  to  be  so  found  on  such 
section.     Such  index  shall  be  in  substantially  the  following  form: 

City  of  

i 
Xo.  of  precinct  |  Numbers  of  sections  containing  voters  of  precinct 

_J 

1 I      1   (3  times)        2   (5  times)         3   (7  times)  etc. 

2 j      1   (4  times)        2   (0  times)         3   ((5  times)  etc. 

etc I  etc. 

Town  of 

etc. 

Outside  Territory 

etc. 
A  lid  provided,  further,  tlint  tor  all  iiDmiiiations  of  candiflates  to  be  voted 
for  in  more  than  one  county,  or  throughout  the  entire  state,  the  nomina- 
tion papers,  properly  assembled,  may  be  consolidated  and  fastened  or 
bound  together  by  counties;  but  in  no  case  shall  nomination  papers 
signed  by  electors  of  dififerent  counties  be  fastened  or  bouud  together. 
The  county  clerk  or  registrar  of  voters  of  any  county  or  city  and  county 
shall  examine  all  nomination  papers  herein  provided  for  which  purport 
to   have  boon  signed   by  electors  of  his  county  or  city  and  county,  and 


671  ELECTIONS.  Act  1010,  §  5 

shall  disregard  and  mark  "not  sufficient"  any  name  appearing  on  such 
paper  or  papers  which  does  not  appear  in  the  same  handwriting  on  an 
affidavit  of  registration  in  his  office  made  on  or  before  the  date  when 
such  name  was  signed,  or  which,  except  in  the  case  of  nomination  papers 
of  candidates  for  judicial,  school,  county,  township  or  municipal  offices, 
the  signers  of  which  may  be  registered  as  of  any  or  of  no  party,  does 
not  appear  on  said  affidavit  as  intending  to  affiliate  with  the  party  named 
in  such  nomination  papers.  Such  officer  shall,  within  five  days  after  any 
nomination  papers  are  filed  with  him  or  left  for  examination,  examine 
the  same  as  herein  provided,  and  affix  thereto,  a  certificate  reciting  that 
he  has  examined  the  same  and  stating  the  number  of  names  signed 
thereto  which  have  not  been  marked  "not  sufficient"  as  hereinabove  pro- 
vided. All  nomination  papers  which  by  this  act  are  required  to  be  filed 
ii'  tlie  office  of  the  secretary  of  state,  shall  be  left  with  the  county  clerk 
or  registrar  of  voters  for  examination,  as  above  provided,  at  least  forty 
days  prior  to  the  August  primary  election  or  the  May  presidential  pri- 
mary election,  and  shall,  with  such  certificate  of  examination  attached, 
within  five  days  after  being  so  left,  be  forwarded  by  such  county  clerk 
or  registrar  of  voters  to  the  secretary  of  state,  who  shall  receive  and  file 
the  same.  All  nomination  papers  which  by  this  act  are  required  to  be 
filed  in  the  office  of  the  city  clerk  or  secretary  of  the  legislative  body  of 
any  city  or  municipality  shall  be  left  with  the  county  clerk  or  registrar 
of  voters  for  examination,  as  above  provided,  at  least  twenty-five  days 
ju'ior  to  the  primary  election  at  which  such  nominations  are  to  be  made, 
and  shall,  with  such  certificate  of  examination  attached,  within  five  days 
after  being  so  left  be  forw'arded  by  such  county  clerk  or  registrar  of 
voters  to  the  city  clerk  or  secretary  of  the  legislative  body  of  such  city  or 
municipality  who  shall  receive  and  file  the  same.  The  verification  of 
signatures  to  nomination  papers  shall  not  be  made  by  the  candidate,  nor 
by  any  county  clerk,  or  registrar  of  voters,  nor  by  any  of  the  deputies  in 
the  office  of  such  county  clerk  or  registrar  of  voters,  nor  within  one  hun- 
dred feet  of  any  election  booth,  polling  place,  or  any  place  where  regis- 
tration of  electors  is  being  conducted.  Each  candidate  on  or  before  the 
thirty-fifth  day  prior  to  the  August  primary  election  or  the  May  presi- 
.  dential  primary  election,  or  on  or  before  the  twenty-fifth  day  prior  to 
any  other  primary  election,  shall  file  in  the  place  where  his  nomination 
paper  is  required  to  be  filed,  as  provided  in  section  6  of  this  act,  his  affi- 
davit, stating  his  residence,  with  street  and  number,  if  any;  his  election 
precinct;  that  he  is  a  qualified  elector  in  the  election  precinct  in  which 
he  resides;  the  name  of  the  office  for  which  he  is  a  candidate;  that  he  will 
not  before  said  primary  election  withdraw  as  a  candidate  for  nomination 
and  that  if  nominated  he  will  accept  such  nomination  and  not  withdraw, 
and  that  he  will  qualify  as  such  officer  if  nominated  and  elected;  and  he 
shall  also  make  the  statement  required  in  subdivision  5  of  section  6  of  this 
act.  Nothing  in  this  act  contained  shall  be  construed  to  limit  the  rights 
of  any  person  to  become  the  candidate  of  more  than  one  political  party 
for  the  same  office  upon  complying  with  the  requirements  of  this  act,  but 
no  person  shall  be  entitled  to  become  a  candidate  for  more  than  one  office 
at  the  same  election.  No  more  than  one  affidavit  need  be  filed  by  any 
candidate,  even  though  he  is  the  candidate  for  nomination  by  more  than 
one  political  party.  In  no  oeae  shall  the  secretary  of  state,  county  clerk, 
or  city  clerk,  place  the  name  of  any  candidate  on  this  ballot  or  certify 


Act  1010,  §  5  GENERAL   LAWS.  672 

an}'  such  name  to  be  placed  thereon  unless  the  requisite  affidavit  has  first 
been  filed  as  herein  provided. 

5.  Number  of  signatures  required.  Except  in  the  case  of  a  candidate 
for  nomination  to  a  judicial  oifiee,  school  office,  county  office,  or  township 
office,  nomination  papers  shall  be  signed  as  follows:  If  the  candidate  is 
the  candidate  for  an  office  to  be  voted  on  throughout  the  state,  by  not 
less  than  one-half  of  one  per  centum  and  not  more  than  two  per  centum 
of  the  vote  constituting  the  basis  of  percentage  as  defined  in  subdivision 
6  of  this  section,  of  the  party  of  the  candidate  seeking  nomination, 
within  the  state;  if  the  candidate  is  the  candidate  for  an  office  to  be 
voted  on  in  some  political  subdivision  of  the  state,  but  not  throughout 
the  state,  by  not  less  than  one  per  centum  nor  more  than  two  per  centum 
of  the  vote  constituting  the  basis  of  percentage,  as  defined  in  subdivision 
6  of  this  section,  of  the  party  of  the  candidate  seeking  nomination  within 
said  political  subdivision  in  which  such  candidate  seeks  nomination. 

6.  Basis  of  percentage.  Except  in  case  of  a  candidate  for  nomination 
to  a  judicial,  school,  county,  township  or  municipal  office,  the  basis  of 
percentage  in  each  political  party  shall  be  the  vote  polled  for  such 
party's  candidate  for  governor,  at  the  last  preceding  November  election 
at  which  a  governor  was  elected,  in  the  state  or  in  that  political  subdi- 
vision for  which  the  candidate  is  proposed  for  nomination.  Such  party's 
candidate  for  governor  may  have  been  the  candidate,  either  of  the  party 
alone,  or  of  the  party  in  conjunction  with  one  or  more  other  parties.  But 
if  such  political  party  did  not  have  any  candidate  for  governor  at  such 
last  preceding  November  election  at  which  a  governor  was  elected,  the 
nomination  paper  must  be  signed  by  not  less  than  one-half  of  one  per 
centum  nor  more  than  two  per  centum  of  the  total  vote  polled  for  all  the 
candidates  for  governor,  at  such  last  preceding  November  election  in  the 
state  or  political  subdivision  for  which  the  candidate  is  proposed  for 
nomination. 

7.  In  case  of  change  of  political  subdivision.  Whenever  by  re- 
arrangement of  political  subdivisions  of  the  state  by  any  legislature, 
board  of  supervisors  or  other  legislative  body,  the  boundaries  of  such 
political  subdivisions  are  changed,  the  vote  polled  for  governor  at  the 
last  preceding  gubernatorial  election  by  each  party  in  each  of  the  new 
political  subdivisions  shall  be  determined  as  follows:  If  the  change 
occurs  wholly  within  any  county  or  city  and  county,  the  county  clerk  or 
registrar  of  voters  of  such  county  or  city  and  county  shall  determine  as 
nearly  as  possible  such  vote  of  each  party  in  the  new  political  subdi- 
vision by  adding  together  for  each  party  the  vote  for  such  party's  candi- 
date for  governor  in  each  of  the  former  precincts  which  now  are  com- 
bined to  make  up  such  new  political  subdivision.  If  the  change  occurs 
outside  the  limits  of  any  county  or  city  and  county,  the  secretary  of 
state  shall  determine  such  vote  of  each  party  in  such  new  political  sub- 
division by  adding  together  fof  each  party  the  vote  for  such  party's 
candidate  for  governor  in  the  counties  which  now  are  combined  to  make 
up  such  new  political  subdivision.  In  the  same  way  that  the  highest 
vote  for  each  party  in  each  new  political  subdivision  is  ascertained,  shall 
also  be  ascertained  the  total  vote  at  sucii  election  as  is  required  to  be 
determined  by  the  provision"  of  subdivision  eight  of  this  section.     Every 


673  ELECTIONS.  Act  1010,  §  6 

political  party  qualified  to  participate  in  the  primary  election  by  the  pro- 
\isions  of  subdivision  nine  of  section  one  of  this  act,  for  nomination  by 
which  party  there  shall  have  been  filed  nomination  papers  for  one  or 
more  candidates  containing  a  sufficient  number  of  signatures,  shall  be 
entitled  to  a  separate  party  ticket  at  the  primary  election;  but  all  such 
party  tickets  must  be  alike  in  the  designation  of  candidates  for  judicial, 
school,  county,  and   towiisiiip  offices. 

8.  In  case  of  judicial  office,  etc.  In  the  case  of  a  candidate  for  nomi- 
nation to  a  judicial  school,  county,  township  or  municipal  office,  nomina- 
tion papers  shall  be  signed  by  not  less  than  one-half  of  one  per  centum, 
nor  more  than  two  per  centum  of  the  total  vote  cast  at  the  last  general 
election  in  the  state  or  political  subdivision  thereof  in  which  such  candi- 
date for  judicial  or  school,  county,  or  township  office  seeks  nomination. 

9.  Independent  candidates.  Nothing  herein  shall  be  construed  as  pro- 
hibiting the  independent  nomination  of  candidates  as  provided  by  section 
1188  of  the  Political  Code,  as  said  section  reads  at  the  time  of  said 
nomination;  except  that  a  candidate  for  whom  a  nomination  paper  has 
l)een  filed  as  one  of  the  candidates  for  nomination  to  any  office  on  the 
l)allots  of  any  political  party  at  a  primary  election  held  under  the  pro- 
visions of  this  act,  and  who  is  defeated  for  such  party  nomination  at 
such  primary  election,  shall  be  ineligible  for  nomination  as  an  inde- 
pendent candidate  for  the  same  office  at  the  ensuing  general  election; 
and  no  person  shall  be  permitted  to  file  nomination  papers  for  a  party 
nomination  and  an  independent  nomination  for  the  same  office,  or  for 
more  than  one  office  at  the  same  election.  Nor  shall  any  person  whose 
name  has  been  written  in  upon  any  ballot  or  ballots  for  any  office  at 
any  primary  election,  have  his  name  placed  upon  the  ballot  as  a  candidate 
for  such  office  at  the  ensuing  general  election,  except  vmder  the  pro- 
visions of  said  section  1188  of  the  Political  Code,  unless  at  such  primary 
election  he  shall  have  received  for  such  office  votes  equal  in  number  to 
the  minimum  number  of  signatures  to  the  nomination  paper  which  would 
have  been  required  to  be  filed  to  have  placed  his  name  on  the  primary 
ballot  as  a  candidate  for  nomination  to  such  office. 

10.  Record  of  papers  filed.  The  officer  with  whom  nomination 
papers  are  filed  shall  kee])  a  record  in  which  he  shall  enter  the  names  of 
every  person  presenting  the  same  for  filing,  the  name  of  the  candidate, 
the  title  of  the  office,  the  party,  if  any,  and  the  time  of  filing.  [Amend- 
ment approved  May  29,  1917;  Stats.  1917,  p.  1345.] 

§  6.  Office  in  which  papers  must  be  filed.  All  nomination  papers  pro- 
vided for  by  this  act  sliall  l)e  filed  as  follows: 

1.  For  state  officers,  United  States  senators,  representatives  in  con- 
gress, members  of  the  state  senate  and  assembly,  delegates  to  state 
conventions  from  "hold-over  senatorial  districts"-  and  all  officers  voted 
for  in  districts  comprising  more  than  one  county,  in  the  office  of  the 
secretary  of  state. 

2.  For  officers  to  be  voted  for  wholly  within  one  county  or  city  and 
county,  except  representatives  in  congress,  delegates  to  state  conven- 
tions   from    "holdover    senatorial    districts"    and    members    of    the    state 

43 


Act  1010,  §  7  GENERAL   LAWS.  674 

senate   and  assembly,  in  the   office   of   the   county"  clerk   of  such   county 
or  in  the  office  of  the  registrar  of  voters  in  such  city  and  county. 

3.  For  city  officers,  in  the  office  of  the  city  clerk  or  secretary  of  the 
legislative  body  of  such  city  or  municipality. 

4.  "When  a  nomination  paper  or  sections  thereof  shall  have  been  re- 
ceived which  contain  a  number  of  signatures  equal  to  two  per  centum 
of  the  votes  constituting  the  basis  of  percentage  as  provided  in  sub- 
divisions 5,  6  and  9  of  section  5  of  this  act,  the  officer  with  whom  such 
papers  are  required  to  be  filed  shall  not  receive  or  file  further  sections 
of  the  nomination  paper  for  the  candidate  named  therein. 

5.  No  more  signatures  shall  be  secured  for  any  candidate  than  a  num- 
ber equal  to  three  per  centum  of  the  vote  constituting  the  basis  of  per- 
centage as  provided  in  subdivisions  5,  6,  and  9  of  section  5  of  this  act: 
provided,  that  if,  through  miscalculation  or  otherwise,  more  signatures 
are  secured  than  the  said  three  per  centum,  all  sections  of  the  nomina- 
tion paper  containing  signatures  in  excess  of  said  three  per  centum 
must  be  sent  to  the  candidate;  and  before  any  nomination  paper  is  filed 
as  provided  in  this  section,  the  candidate  must  notify  each  signer  of 
such  excess  sections  that  his  name  has  not  been  used;  and  in  the  affidavit 
required  to  be  filed  in  subdivision  4  of  section  5  of  this  act,  affiant  must 
state  whether  he  has  complied  with  the  provisions  contained  in  sub-, 
division  5  of  section  6  of  this  act. 

§7..  Filing  fees.  1.  A  filing  fee  of  fifty  dollars  shall  be  paid  to  the 
secretary  of  state  by  each  candidate  for  state  office  or  for  the  United 
State  senate,  except  as  otherwise  provided  in  this  section. 

2.  A  filing  fee  of  twenty-five  dollars  shall  be  paid  to  the  secretary 
of  state  by  each  candidate  for  representative  in  congress  or  for  any 
office,  except  member  of  state  senate  and  assembly,  to  be  voted  for  in 
any  district  comprising  more  than  one  county. 

3.  A  filing  fee  of  ten  dollars  shall  be  paid  to  the  secretary  of  state 
by   each   candidate   for  the   state   senate   or   assembly. 

4.  A  filing  fee  of  ten  dollars  shall  be  paid  to  the  county  clerk  or 
registrar  of  voters  in  any  city  and  county  when  the  nomination  paper 
or  papers  and  affidavit  of  any  candidate  to  be  voted  for  wholly  within 
one  county  or  city  and  county  are  filed  with  such  county  clerk  or 
registrar    of   voters. 

0.  A  filing  fee  of  ten  dollars  shall  l)e  paid  to  the  city  clerk  or  secretary 
of  the  legislative  body  of  any  munici[)ality  when  the  nomination  paper 
or  papers  and  affidavit  of  any  candidate  for  a  city  office  are  filed  wuth 
such  clerk  or  secretary  of  such  legislative  body. 

fi.  No  filing  fee  shall  be  required  from  any  person  to  be  voted  for  at 
the  May  presidential  primary  election,  or  from  any  candidate  for  an 
office  to  the  holder  of  which  no  fixed  compensation  is  required  to  be  paid, 
or  for  townsliip  or  municipal  offices  tiu'  compensation  to  the  holder  of 
which  does  not  exceed  the  sum  of  six  hundred  dollars  per  annum. 

7.  In  no  case  shall  the  secretary  of  state,  county  clerk,  registrar  of 
vot(!rs  or  city  clerk,  receive  any  nomination  papers  for  filing  until  the 
requisite  fee;  for  siid;  filiM;,^  ns  iirescribcil  in  this  section,  has  first  been 
jiaid  to  hitn. 

H.  When  a  jierson  for  whom  a  nomination  paper  has  not  been  filed  is 
nominntcd   for  an   office  by  having  his  name  written  on  a  primary  elec- 


675  ELECTIONS.  Act  1010,  §§  8-10 

tion  ballot,  he  must  pay  the  same  filing  fee  that  would  have  been  re- 
quired if  his  nomination  paper  had  been  filed;  otherwise  his  name  must 
not  be  printed  on  the  ballot  at  the  ensuing  general  election. 

9.  When  a  candidate  for  nomination  to  office  is  proposed  for  nomina- 
tion by  more  than  one  political  party,  he  must  pay  a  separate  filing  fee 
for  each  party  in  which  he  is  proposed  for  nomination;  or  if,  having  filed 
a  nomination  paper  for  one  party,  he  is  nominated  by  another  party  by 
having  his  name  written  on  a  primary  election  ballot,  he  must  pay  the 
same  filing  fee  for  such  other  party  nomination  that  would  have  been 
required  if  his  nomination  paper  for  such  other  party  had  been  filed; 
otherwise  his  name  shall  not  be  printed  on  the  general  election  ballot 
as  the  nominee  of  such  other  party.  [Amendment  approved  May  29, 
1917;   Stats.   1917,   p.   1354.] 

§  8.  Clerk  to  pay  fees  to  treasurer.  The  county  clerk  shall  imme- 
diately pay  to  the  county  treasurer  and  the  registrar  of  voters  in  any 
city  and  county  shall  immediately  pay  to  the  city  and  county  treasurer 
all  fees  received  from  candidates.  The  city  clerk  or  secretary  of  the 
legislative  body  of  any  municipality  shall  immediately  pay  to  the  city 
treasurer  all  fees  received  from  candidates.  Within  ten  days  after  the 
primary  election  the  secretary  of  state  shall  pay  to  the  state  treasurer 
all  fees  received  from  candidates  and  shall  apportion  the  fees  paid  to 
him  by  each  candidate  equally  among  the  counties  within  which  such 
candidate  is  to  be  voted  for,  and  certify  such  apportionment  to  the  state 
controller,  who  shall  issue  warrants  on  the  state  treasurer  for  the  amount 
due  each  county  and  the  state  treasurer  shall  pay  the   same. 

§  9.  Expense  of  primary.  The  expense  of  providing  all  ballots,  blanks 
and  other  supplies  to  be  used  at  any  primary  election  provided  for  by 
this  act  and  all  expenses  necessarily  incurred  in  the  preparation  for  or 
the  conduct  of  such  primary  election  shall  be  paid  out  of  the  treasury 
of  the  city,  city  and  county,  county  or  state,  as  the  case  may  be,  in  the 
same  manner,  with  like  effect  and  by  the  same  officers  as  in  the  case  of 
general  elections. 

§  10.  Secretary  of  state  to  transmit  list  of  nominees.  Publication  by 
clerk.  At  least  thirty  days  before  any  August  primary  election  preced- 
ing a  November  election  or  before  any  May  presidential  primary  elec- 
tion the  secretary  of  state  shall  transmit"' to  eacli  county  clerk  or  reg- 
istrar of  voters  in  any  city  and  county  a  certified  list  containing  the 
name  and  postoffice  address  of  each  person  for  whom  nomination  papers 
have  been  filed  in  the  office  of  such  secretary  of  state,  including  the 
candidate  for  delegate  to  a  state  convention,  if  any,  from  a  "hold-over 
senatorial  district"  and  who  is  entitled  to  be  voted  for  in  such  county 
at  such  primary  election,  together  with  a  designation  of  the  office  for 
which  such  person  is  a  candidate  and  except  in  the  case  of  a  judicial 
office,  or  a  school  office  of  the  party  or  principle  he  represents.  Such 
county  clerk  or  registrar  of  voters  shall  forthwith,  upon  receipt  thereof, 
publish  under  the  proper  party  designation  the  title  of  each  office  (ex- 
cept a  judicial  office  or  a  school  office)  which  appears  upon  the  certified 
list  transmitted  by  the  secretary  of  state  as  hereinbefore  provided, 
together  with  the  names  and  addresses  of  all  persons  for  whom  nomina- 


Act  1010,  §§  11,  12  GENEE.U.  LAWS.  676 

tion  papers  have  been  filel  for  each  of  said  offices  in  the  office  of  the 
secretary  of  state,  and  also  the  names  of  all  candidates  for  the  county 
central  committee,  filed  in  the  office  of  the  county  clerk  or  registrar 
of  voters.  He  shall  also  publish  the  title  of  each  judicial  office,  school 
office,  county  office,  and  township  office,  together  with  the  names  and 
addresses  of  all  persons  for  whom  nomination  papers  have  been  filed 
for  each  of  said  offices,  either  in  the  office  of  the  secretary  of  state  or 
in  the  office  of  the  county  clerk  or  registrar  of  voters,  and  shall  state 
'that  candidates  for  said  judicial,  school,  county,  and  township  offices 
may  be  voted  for  at  the  primary  election,  by  any  registered,  qualified 
elector  of  the  county,  whether  registered  as  intending  to  affiliate  with 
any  political  party  or  not.  He  shall  also  publish  the  date  of  the  primary 
election,  the  hours  during  which  the  polls  will  be  open,  and  that  the 
primary  election  will  be  held  at  the  legally  designated  polling  places 
in  each  precinct,  which  shall  be  particularly  designated.  It  shall  be  the 
duty  of  the  county  clerk  or  registrar  of  voters  in  any  city  and  county 
to  cause  such  publication  to  be  made  once  each  week  for  two  successive 
weeks  prior  to  said  primary  election. 

§  11.  Newspapers  in  which  publication  shall  be  made.  Every  pub- 
lication required  by  this  act  shall  be  made  in  not  more  than  two  news- 
papers of  general  circulation  published  in  such  county  or  city  and  county, 
and  one  of  such  newspapers  shall  represent  the  political  party  that  cast 
at  the  last  preceding  general  election  the  highest  number  of  votes  in 
such  county  or  city  and  county,  and  one  of  such  newspapers,  if  any, 
shall  represent  the  party  which  cast  the  next  highest  number  of  votes 
at  such  election.  In  any  case  where  the  publication  of  the  notices  pro- 
vided for  by  this  act  cannot  be  made  as  hereinbefore  provided  it  shall 
be  made  in  any  newspaper  having  a  general  circulation  in  the  city  or 
county  in  which   the   notice   is   required   to   be  published. 

§  12.  Ballots.  Nonpartisan  ballot.  1.  All  voting  at  primary  elections 
within  the  meaning  of  this  act  shall  be  by  ballot.  A  separate  official 
ballot  for  each  political  party  shall  be  printed  and  provided  for  use  at 
each  voting  precinct;  but  all  such  party  ballots  must  be  alike  in  the 
designation  of  candidates  for  judicial,  school,  county,  and  township 
offices.  The  ballots  must  have  a  different  tint  or  color  for  each  of  the 
political  parties  participating  in  the  primary  election.  There  shall  also 
be  printed  and  provided  a  nonpartisan  ballot  of  a  different  tint  and  color 
from  all  the  others  (or  white,  if  all  the  others  are  colored),  which  shall 
contain  only,  but  in  like  manner,  all  the  candidates  for  judicial,  school, 
county,  and  township  offices  to  be  voted  for  at  the  primary  election;  and 
one  of  the  nonpartisan  ballots  shall,  at  the  primary  election,  be  furnished 
to  each  registered  qualified  elector  who  is  not  registered  as  intending  to 
affiliate  with  any  one  of  the  political  parties  participating  in  said 
primary  election;  but  to  any  elector  registered  as  intending  to  affiliate 
with  any  political  party  participating  in  the  primary  there  shall  be 
furnished,  not  a  nonpartisan  ballot,  but  a  ballot  of  the  political  party 
with  wliich  said  elector  is  registered  as  intending  to  affiliate. 

It  shall  be  tlie  duty  of  the  county  clerk  of  each  county  or  of  the 
registrar  of  voters  in  any  city  uiid  counly  to  provide  such  ]irinted  official 


677  ELECTIONS.  Act  1010,  §12 

ballots  to  be  used  at  any  August  primary  election  for  the  nomination 
of  candidates  to  be  voted  for  in  such  county  or  city  and  county  at  the 
ensuing  November  election  and  at  any  May  presidential  primary  elec- 
tion. It  shall  be  the  duty  of  the  city  clerk  or  secretary  of  the  legisla- 
tive body  of  any  municipalitj'  to  provide  such  printed  official  ballots 
for  any  primary  election  other  than  the  August  primary  election  or  the 
May  presidential  primary  election.  Such  official  ballots  to  be  used  at 
any  primary  election  shall  be  printed  on  official  paper,  furnished  by  the 
secretary  of  state,  in  the  manner  provided  by  section  1196  of  the  Politi- 
cal Code,  and  in  the  form  hereinafter  provided.  The  names  of  all  can- 
didates for  the  respective  offices  for  whom  the  prescribed  nomination 
papers  have  been  duly  filed  shall  be  printed  thereon. 

2.  Size.  Official  primary  election  ballots  used  at  any  primary  election 
for  the  nomination  of  candidates  to  be  voted  for  at  any  presidential  or 
general  state  election,  except  as  provided  in  subdivision  5  of  this  sec- 
tion, shall  be  as  long  as  the  herein  prescribed  captions,  headings,  party 
designations,  directions  to  voters  and  lists  of  names  of  candidates,  prop- 
erly subdivided  according  tc  the  several  offices  to  be  nominated  for,  may 
require;  and  no  official  primary  election  ballot  shall  be  less  than  six 
and    one-half   inches   wide. 

3.  How  printed.  Across  the  fop  of  the  ballot  shall  be  printed  in 
heavy-faced  gothic  capital  type,  not  smaller  than  forty-eight  point,  the 
words:  "Official  Primary  Election  Ballot";  providing,  that  on  a  nonparti- 
san ballot  said  words  may  be  printed  in  gothic  capital  type  not  smaller 
than  twenty-four  point.  Beneath  this  heading  shall  be  printed  in  heavy- 
faced  gothic  capital  type,  not  smaller  than  twenty-four  point,  the  party 
designation  if  it  be  a  party  ballot;  or,  in  the  case  of  a  ballot  contain- 
ing the  names  of  no  candidates  except  candidates  for  a  judicial,  school, 
county,  or  township  office,  the  words,  "Nonpartisan  Ballot."  The  in- 
structions to  voters  shall  be  printed  in  ten  point  gothic  type.  In  the 
case  of  official  primary  election  ballots  to  be  used  at  any  primary  elec- 
tion held  for  the  nomination  of  candidates  other  than  those  to  be  voted 
for  at  a  presidential  or  a  general  state  election,  and  on  which,  in  accord- 
ance with  the  provisions  of  this  act,  the  names  of  candidates  may  be 
printed  in  a  single  column  or  in  two  parallel  columns,  as  the  case  may 
be,  the  words  "Official  Primary  Election  Ballot"  shall  be  printed  thereon 
in  heavy-faced  gothic  capital  type,  not  smaller  than  twenty-four  point. 
The  party  or  nonpartisan  designation  shall  be  printed  in  heavy-faced 
gothic  capital  type,  not  smaller  than  eighteen  point.  The  instructions 
to  voters  shall  be  printed  in  ten  point  gothic  type. 

4.  Instructions  to  voters.  At  least  three-eighths  of  an  inch  below  the 
assembly  district  designation  and  the  date  of  the  primary  election  shall 
be  printed  in  ten  point  gothic  type,  double  leaded,  the  following  in- 
structions to  voters:  "To  vote  for  a  person  whose  name  occurs  on  the 
ballot,  stamp  a  (X)  in  the  square  at  the  right  of  the  name  of  the  per- 
son for  whom  you  desire  to  vote.  To  vote  for  a  person  whose  name  is 
not  printed  on  the  ballot,  write  his  name  in  the  blank  space  provided 
for  that  purpose." 

5.  Instructions.  Candidates  in  parallel  columns.  Precedence.  Tally 
sheets.     The  instructions  to  voters  shall  be  separated  from  the  lists  of 


Act  1010,  §  12  GENERAL   LAWS.  678 

candidates  and  the  designations  of  tlie  several  offices  to  be  nominated 
for  by  one  light  and  one  heavy  line  or  rule.  The  names  of  the  .can- 
didates  and  the  respective  offices  shall,  except  as  may  be  hereinafter 
otherwise  provided,  be  printed  on  the  ballot  in  four  or  more  parallel 
columns,  each  two  and  one-half  inches  wide.  The  number  of  such  parallel 
columns  shall  be  exactly  divisible  by  two,  and  such  parallel  columns  shall 
be  equally  divided  on  the  ballot  for  party  and  nonpartisan  tickets  by  a 
solid  black  line,  extending  down  from  the  printed  lines  separating  the'in- 
structions  to  voters  from  the  lists  of  names  of  candidates  to  the  bottom 
■  margin  of  the  ballot.  In  tlie  case  of  a  primary  election  for  the  nomina- 
tion of  candidates  to  be  voted  for  at  a  presidential  or  general  state 
election,  the  order  of  precedence  shall  be  as  follows,  that  is  to  say:  In 
the  column  to  the  left,  under  the  heading  state  shall  be  printed  the 
groups  of  names  of  candidates  for  state  offices,  except  judicial  and  school 
offices,  and  for  members  of  Ihe  state  board  of  equalization.  In  the  second 
column,  under  the  heading  congressional,  shall  be  printed  the  group  of 
names  for  United  States  senator  in  congress,  if  any,  and  for  representa- 
tives in  congress.  Next  under  the  heading  legsislative  shall  be  printed 
the  groups  of  names  for  state  senator,  if  any,  for  member  of  assembly, 
and  for  election  as  delegate  to  the  state  convention  from  a  "hold  over 
senatorial  district,"  if  any.  Finally  under  the  heading  county  com- 
mittee, shall  be  printed  Ihe  names  of  the  candidates  for  election  to 
membership  in  the  county  central  committee  of  the  party.  In  the  case 
of  primary  elections  where  state  officers  are  not  to  be  nominated,  at  the 
left  of  the  solid  black  dividing  line  there  may  be  only  one  column.  In 
the  parallel  columns  to  the  right  of  the  solid  black  dividing  line  shall 
be  printed  the  groups  of  names  of  candidates  for  nomination  to  judicial, 
school,  county,  and  township  offices  in  the  following  order:  Under  the 
heading  judicial  shall  be  printed  all  the  names  of  candidates  for  judicial 
offices,  in  the  order  of  chief  justice  supreme  court,  associate  justices 
supreme  court,  judge  of  district  court  of  appeal,  judge  of  syperior 
court  and  justice  of  the  peace.  Next,  under  the  heading  school  shall  be 
printed  all  the  names  of  candidates  for  school  offices  in  the  order  of  state 
superintendent  of  instruction,  superintendent  of  schools,  and  school  dis- 
trict officers,  if  any.  Next,  under  the  heading  county  and  township 
shall  be  printed  the  groups  of  candidates  for  all  county  and  township 
offices  except  judicial  or  school  offices.  In  the  case  of  primary  elections 
where  county  officers  are  not  to  be  nominated,  at  the  right  of  the  solid 
black  dividing  line  there  may  be  only  one  column.  The  nonpartisan 
ballot  provided  for  in  subdivision  1  of  this  section  shall  be  identical  as  to 
offices  and  names  of  candidates  with  that  portion  of  the  party  ballot 
which  is  printed  to  the  right  of  the  solid  black  dividing  line  hereinabove 
described.  The  tally  sheets  furnished  to  election  officers  shall  have  the 
names  of  offices  and  candidates  arranged  in  the  order  in  which  said 
names  of  offices  and  candidates  are  })rinted  on  the  ballots  according  to 
the  provisions  of  this  section  and  subdivision.  In  the  case  of  i)rimar,y 
elections  for  the  nomination  of  candidates  for  city,  city  and  county  or 
municipal  offices  only,  the  groups  of  names  of  candidates  may  be  printed 
in  two  jiarallel  columns  and  tlic  older  of  precedence  shall  be  dotormined 
by  the  legislative  body  of  siid:  cily  xv  iiinnicipality  or  by  Ihe  liotnd  of 
election    coniniissioiierH    of   any    smli    I'ity    .■iml    rimnty. 


679  ELECTIONS.  Act  1010,  §  12 

G.  Candidates  for  judicial  offices,  etc.  The  group  of  candidates  for 
nomination  to  any  judicial  office,  school  office,  county  office,  or  township 
office  sliall  include  all  the  names  receiving  the  requisite  number  of  sig- 
natures on  a  nomination  paper  for  such  office,  and  shall  be  identical  for 
each  such  office  on  the  primary  election  ballots  of  each  political  party 
participating  at  the  primary  election;  but  the  groups  of  names  of  can- 
didates for  all  other  offices  on  the  ballots  of  each  political  party  shall 
comprise  only  the  names  of  the  candidates  for  nomination  by  such  party. 

7.  Order  of  lists  of  candidates.  The  order  in  which  the  list  of  can- 
didates for  any  office  shall  appear  upon  the  primary  election  ballot  shall 
be  determined  as  follows: 

(a)  If  the  office  is  an  office  the  candidates  for  which  are  to  be  voted 
on  throughout  the  entire  state,  including  United  States  senator  in  con- 
gress, the  secretary  of  state  shall  arrange  the  names  of  all  candidates 
tor  such  office  in  alphabetical  order  for  the  first  assembly  district;  and 
thereafter  for  each  succeeding  assembly  district,  the  name  appearing 
first  for  each  office  in  the  last  preceding  district  shall  be  placed  last,  the 
order  of  the  other  names  remaining  unchanged.  If  the  office  is  that  of 
representative  in  congress,  or  is  an  office  the  candidates  for  nomination 
to  which  are  to  be  voted  on  in  more  than  one  county  or  city  and  county, 
but  not  throughout  the  entire  state,  except  the  office  of  state  senator 
or  assemblyman,  the  secretary  of  state  shall  arrange  the  names  of  all 
candidates  for  such  office  in  alphabetical  order  for  that  assembly  dis- 
trict which  is  lowest  in  numerical  order  of  any  assembly  district  in 
which  such  candidates  are  to  be  voted  on;  and  thereafter  for  such  suc- 
ceeding assembly  district  in  which  such  candidates  are  to  be  voted  on, 
the  name  appearing  first  for  such  office  in  the  last  preceding  district  shall 
be  placed  last,  the  order  of  the  other  names  remaining  unchanged.  In 
transmitting  to  each  county  clerk  or  registrar  of  voters  the  certified  list 
of  names  as  required  in  section  10  of  this  act,  the  secretary  of  state 
shall  certify  and  transmit  the  list  of  candidates  for  nomination  to  each 
office  according  to  assembly  districts,  in  the  order  of  arrangement  as 
determined  by  the  above  provisions;  and  in  the  case  of  each  county  or 
city  and  county  containing  more  than  one  assembly  district,  he  shall 
transmit  separate  lists  for  each  assembly  district.  Except  for  the  office 
of  state  senator  or  assemblyman,  the  order  in  which  the  names  filed  with 
the  secretary  of  state  shall  appear  upon  the  ballot,  shall  be  for  each 
assembly  district  the  order  as  determined  by  the  secretary  of  state  in 
accordance  with  the  above  provisions,  and  as  certified  and  transmitted  by 
him  to  each  county  clerk  or  registrar  of  voters. 

(b)  If  the  office  is  an  office  to  be  voted  on  throughout,  but  wholly 
within,  one  county  or  city  and  county,  except  the  office  of  representative 
in  congress  or  state  senator  or  assemblyman,  the  county  clerk  of  such 
county  or  the  registrar  of  voters  of  such  city  and  county,  shall  arrange 
the  names  of  all  candidates  for  such  office  in  alphabetical  order  for  the 
first  supervisorial  district;  and  thereafter  for  each  supervisorial  district, 
the  name  appearing  first  for  each  such  office  in  the  last  preceding  super- 
visorial district  shall  be  placed  last,  the  order  of  the  other  names  re- 
maining unchanged;  provided,  there  are  no  more  than  five  assembly 
districts  in  such  county,  or  city  and  county.  If  there  are  more  than  five 
assembly  districts  in  such  county,  or  city  and  county,  the  county  clerk 


Act  1010,  §  12  GENERAL    LAWS.  G80 

or  registrar  of  voters  shall  so  arrange  on  the  ballot  the  order  of  names 
of  all  candidates  for  such  office  that  they  shall  appear  in  alphabetical 
order  for  that  assembly  district  in  such  county,  or  city  and  county,  which 
is  lowest  in  numerical  order,  and  thereafter  for  each  succeeding  assembly 
district  in  such  county,  or  city  and  county,  the  name  appearing  first  for 
each  office  in  the  last  preceding  assembly  district  shall  be  placed  last, 
the  order  of  the  other  names  remaining  unchanged. 

{c)  If  the  office  is  that  of  state  senator  or  assemblyman,  or  delegate 
to  the  state  convention  from  a  "hold-over  senatorial  district,"  or  member 
of  a  county  central  committee,  or  any  office  except  the  office  of  repre- 
sentative in  congress  to  he  voted  on  wholly  within  any  county  or  city 
and  county  but  not  throughout  such  county  or  city  or  county,  the  names 
of  all  candidates  for  such  office  shall  be  placed  upon  the  ballot  in  alpha- 
betical order. 

(d)  If  the  office  is  a  municipal  office  in  any  city  or  town  whose  charter 
does  not  provide  for  the  order  in  which  names  shall  appear  on  the  ballot, 
the  names  of  candidates  for  such  office  shall  be  placed  upon  the  ballot 
in  alphabetical  order. 

8.  Order  of  publication  of  names  and  addresses.  In  publishing  the 
names  and  addresses  of  all  candidates  for  whom  nomination  papers  have 
been  filed,  as  required  in  section  10  of  this  act,  the  county  clerk  or 
registrar  of  voters  shall  publish  the  names  in  the  order  in  which  they 
will  appear  upon  the  ballot;  provided,  that  in  counties  or  cities  and 
counties  containing  more  than  one  assembly  district  the  order  of  names 
of  candidates  shall  be  that  of  the  assembly  district  in  such  county  or 
city  and  county  which  is  lowest  in  numerical  order. 

9.  Designation  of  office.  Each  group  of  candidates  to  be  voted  on  shall 
be  preceded  by  tlie  designation  of  the  office  for  which  the  candidates- 
seek  nomination,  and  the  words  "Vote  for  One"  or  Vote  for  Two"  or 
more  according  to  the  number  to  be  elected  to  such  office  at  the  ensuing 
election.  Such  designation  of  the  office  to  be  nominated  for  and  of  the 
number  of  candidates  to  be  nominated  shall  be  printed  in  heavy-faced 
gothic  type,  not  smaller  than  ten  point.  The  word  or  words  designating 
the  office  shall  be  printed  flush  with  the  left-hand  margin  and  the  words 
"Vote  for  One"  or  "Vote  for  Two"  or  more,  as  the  case  may  be,  shall 
extend  to  the  extreme  right  of  the  column  and  over  the  voting  square. 
The  designation  of  the  office  and  the  direction  for  voting  shall  be 
separated   from   the  names  of  the  candidates  by  a  light  line. 

10.  Printing  names  of  candidates.  Printing  on  back  of  ballot.  Per- 
forated line.  Number.  Form.  The  names  of  the  candidates  shall  be 
printed  on  tlic  ballot  without  indentation,  in  roman  capital  type  not 
smaller  than  eight  |>oiiit,  between  light  lines  or  rules  three-eighths  of 
an  inch  apart.  Under  each  grouj)  of  names  of  candidates  shall  be  printed 
as  many  blank  spaces,  rlefiiicd  by  light  lines  or  rules,  three-eighths  of  an 
inch  apart,  as  there  are  fo  be  candidates  nominated  for  such  office.  To 
the  right  of  the  names  of  the  candidates  shall  be  printed  a  light  line  or 
rule  so  as  to  form  a  voting  square  three-eighths  of  an  inch  square.  Each 
group  of  names  of  candidates  shall  be  separated  from  the  succeeding 
group  hv  one  light  and  on;>  heavy  lino  or  rule.  Each  series  of  groups 
«;h;ill    be    lieaded    liy    the    wonl    "State,"    "Congressional,"    "Legislative," 


681  ELECTIONS.  Act  1010,  §  12 

"County  and  Township"  or  "Municipal"  or  other  proper  general  classifica- 
tion, as  the  case  may  be,  printed  in  heavy-faced  gothic  capital  type, 
not  smaller  than  twelve  point.  All  official  primary  election  ballots  shall 
have  printed  on  the  back  and  immediately  below  the  center  thereof,  in 
eighteen  point  gothic  capital  type,  the  words  "Ofl^cial  Primary  Election 
Ballot,"  and  underneath  these  words  the  respective  numbers  of  the  con- 
gressional, senatorial  and  assembly  districts  in  which  each  ballot  is  to 
be  voted.  In  the  case  of  a  primary  election  for  the  nomination  of  can- 
didates for  city  or  city  and  county  offices  only,  the  designations  on  the 
back  of  the  ballot  in  addition  to  the  words  "official  Primary  Election 
Ballot,"  shall  be  the  official  designation  of  the  respective  ward  and  vot- 
ing precinct  in  any  such  city  or  municipality,  or  the  number  of  the 
assembly  district  and  of  the  voting  precinct  in  any  such  city  and  county 
in  which  each  ballot  is  to  be  voted.  The  ballot  shall  be  printed  on  the 
same  leaf  with  a  stub  and  separated  therefrom  by  a  perforated  line 
across  the  top  of  the  ballot.  On  each  ballot  a  perforated  line  shall  ex- 
tend from  top  to  bottom  one-half  inch  from  the  right-hand  side  of  such 
ballot,  and  upon  the  half-inch  strip  thus  formed  there  shall  be  no  print- 
ing except  the  number  of  the  ballot  which  shall  be  on  the  back  of  each 
strip,  in  such  position  that  it  shall  appear  on  the  outside  when  the  ballot 
is  folded.  The  number  on  each  ballot  shall  be  the  same  as  that  on  the 
corresponding  stub,  and  the  ballots  and  stubs  shall  be  numbered  con- 
secutively in  each  county;  provided,  that  the  sequence  of  numbers  on 
such  official  ballots  and  stubs  for  each  party  shall  begin  with  the  num- 
ber one.  The  official  ballots  of  each  political  party  shall  be  made  up  in 
stub  books,  each  book  to  contain  ten,  or  some  multiple  of  ten,  ballots, 
in  the  manner  provided  by  law  for  official  election  ballots,  and  except 
as  to  the  order  of  the  names  of  candidates  shall  be  printed  in  sub- 
stantially  the   following   form: 


Act  1010,  §  12 


GENERAL   LAWS. 


682 


OFFICIAL  PRIMARY  ELECTION  BALLOT 

REPUBLICAN  PARTY 

Forty-Eis^ith  Asiombly  Dittriol,  August  25,  1014 


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ELECTIONS. 


Act  1010,  §  12 


OffOL  PfiIMm  [UCIION  BALLOT 

NON-PARTISAN  BALLOT 


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Act  1010,  §§  13,  14  GENERAL   LAWS.  684 

§  13.  Sample  ballots.  Mailed  to  voters.  Printing  of  official  ballot. 
In  cities.  At  least  twenty  days  before  the  August  primary  election  or 
before  the  May  presidential  primary  election  each  county  clerk  or  reg- 
istrar of  voters  in  any  city  and  county  shall  prepare  separate  sample 
ballots  for  each  political  party,  and  a  separate  sample  nonpartisan  ballot, 
placing  thereon  in  each  case  in  the  order  provided  in  subdivision  7  of 
section  12  of  this  act,  and  under  the  appropriate  title  of  each  office,  the 
names  of  all  candidates  for  whom  nomination  papers  have  been  duly  filed 
with  him,  or  have  been  certified  to  him  by  the  secretary  of  state,  to  be 
voted  for  at  the  primary  election  in  his  county  or  city  and  county.  Such 
sample  ballots  shall  be  printed  on  paper  of  a  different  texture  from  the 
paper  to  be  used  on  the  official  ballot,  and  one  sample  ballot  of  the  party 
to  which  the  voter  belongs  as  evidenced  by  his  registration  shall  be 
mailed  to  each  such  voter  entitled  te  vote  at  such  August  primary  elec- 
tion or  May  presidential  primary  election,  as  the  case  may  be,  not  more 
than  ten  nor  less  than  five  days  before  the  election.  Not  more  than  ten 
nor  less  than  five  days  before  the  August  primary  election  a  nonpartisan 
sample  ballot  printed  on  paper  of  a  ditfereut  texture  from  the  paper  to 
be  used  on  the  official  ballot  shall  be  mailed  to  each  registered  qualified 
elector  who  is  not  registered  as  intending  to  affiliate  with  any  of  the 
parties  participating  in  said  primary  election.  Such  clerk  or  registrar 
of  voters  shall  forthwith  submit  the  ticket  of  each  political  party  to  the 
chairman  of  the  county  committee  of  such  party  and  shall  mail  a  copy 
to  each  candidate  for  whom  nomination  papers  have  been  filed  with  him 
or  whose  name  has  been  certified  to  him  by  the  secretary  of  state,  to 
the  postoffice  address  as  given  in  such  nomination  paper  or  certification, 
and  he  shall  post  a  copy  of  each  sample  ballot  in  a  conspicuous  place 
in  his  office.  Before  such  primary  election  the  county  clerk  or  registrar 
of  voters  in  any  city  and  county  shall  cause  the  official  ballot  to  be 
printed  as  provided  by  section  12  of  this  act,  and  distributed  in  the 
same  manner  and  in  the  same  quantities  as  provided  in  sections  1198, 
1199  and  1201  of  the  Political  Code  for  the  distribution  of  ballots  for 
elections;  provided,  that  the  number  of  party  ballots  to  be  furnished 
to  any  precinct  shall  be  computed  from  the  number  of  voters  registered 
in  such  precinct  as  intending  to  affiliate  with  such  party,  and  the  num- 
ber of  nonpartisan  ballots  to  be  furnished  to  any  precinct  shall  be  com- 
puted from  the  number  of  voters  registered  in  such  precinct  without 
statement  of  intention  to  affiliate  with  any  of  the  parties  participating 
in  the  primary  election.  In  the  case  of  primary  elections  for  the  nomina- 
tion of  candidates  for  city  offices  it  shall  be  the  duty  of  the  city  clerk, 
secretary  of  the  legislative  body  of  such  city  or  municipality,  or  such 
other  officer  cliarged  by  law  with  the  duty  of  preparing  and  distributing 
1lie  official  ballots  used  at  elections  in  such  city  or  municipality,  to  pre- 
pare and  mail  the  sample  ballot  and  to  prepare  and  distribute  the  official 
primary  election  ballots,  and  so  far  as  applicable  and  not  otherwise  pro- 
vided herein  the  provisions  of  this  act  shall  apply  to  the  nomination  of 
all  candidates  for  city  offices. 

§  14.  Polls  open  6  A.  M.  to  7  P.  M.  The  polls  nmst  ho  open  at  6 
o'clock  of  Ihc  nioriiiii;,^  of  the  day  of  primary  cloctidn  .■iiid  must  be  kept 
open  until   7   o'clock   in   the  afternoon  of  tlic  same  day,  when  the  polls 


685  ELECTIONS.  Act  1010,  §§  15-17 

shall  be  closed;  provided,  however,  that  if  at  the  hour  of  closing  there 
are  any  voters  in  the  polling  place,  or  in  line  at  the  door,  who  are  quali- 
fied to  vote  and  have  not  been  able  to  do  so  since  appearing,  the  polls 
shall  be  kept  open  a  sufficient  time  to  enable  them  to  vote.  But  no  one 
who  shall  arrive  at  the  polling  place  after  7  o'clock  in  the  afternoon 
shall  be  entitled  to  vote,  although  the  polls  may  be  open  when  he  arrives. 
No  adjournment  or  intermission  shall  be  taken  except  as  provided  in 
the  case  of  general  elections. 

§  15,  Election  officers.  The  officers  for  primary  elections  shall  be  the 
same,  and  shall  be  appointed  in  the  same  manner,  as  provided  by  law 
for  general  elections,  and  such  officers  shall  receive  the  same  compen- 
sation for  their  services  at  primary  elections  as  provided  by  law  for 
general  elections. 

It  shall  be  the  duty  of  the  proper  officers  to  furnish  the  original  affi- 
davits of  registration  and  indexes  for  use  at  primary  elections,  which 
shall  show  the  names  of  all  voters  entitled  to  vote  at  such  primary  elec- 
tions, and  shall  be  numbered,  for  purposes  of  the  primary  election,  in 
like  manner  as  provided  in  section  1113  of  the  Political  Code.  And  all 
the  provisions  of  section  1096  of  the  Political  Code,  as  far  as  they  are 
consistent  with  the  provisions  of  this  act,  are  hereby  made  applicable 
to  primary  elections  within  the  meaning  of  this  act. 

§  16.  Challenge  of  voter.  Any  elector  offering  to  vote  at  a  primary 
election  may  be  challenged  by  any  elector  of  the  city,  city  and  county 
or  county,  upon  either  or  all  of  the  grounds  specified  in  section  1230  of 
the  Political  Code,  but  his  right  to  vote  the  jirimary  election  ticket  of 
the  political  party  designated  in  his  affidavit  of  registration,  as  provided 
in  section  1096  of  the  Political  Code,  or  his  right  to  vote  the  nonpartisan 
primary  ticket  providing  no  such  party  is  so  designated,  shall  not  be 
challenged  on  any  ground  or  subjected  to  any  tests  other  than  those 
provided  by  the  constitution  and  section  1230  of  the  Political  Code  of 
this  state. 

§  17.  Qualified  electors  may  vote.  Any  elector  qualified  to  take  part  in 
any  primary  election,  who  has,  at  least  thirty  days  before  the  day  of 
such  primary  election,  qualified  by  registration,  as  provided  by  section 
1096  of  the  Political  Code,  shall  be  entitled  to  vote  at  such  primary  elec- 
tion, such  right  to  v(5te  being  subject  to  challenge  only  as  hereinbefore 
provided;  and  shall,  on  writing  his  name  or  having  it  written  for  him 
on  the  roster,  as  provided  by  law  for  general  elections  in  this  state, 
receive  the  official  primary  election  ballot  of  the  political  party  desig- 
nated in  his  affidavit  of  registration;  (or  the  nonpartisan  ballot,  provid- 
ing no  such  party  was  so  designated),  and  no  other;  provided,  however, 
that  no  one  shall  be  entitled  to  vote  at  any  primary  election  who  has 
not  been  a  resident  of  the  state  one  year,  and  of  the  county  ninety  days, 
preceding  the  day  upon  which  such  primary  election  is  held.  He  shall 
be  instructed  by  a  member  of  the  board  as  to  the  proper  method  of 
marking  and  folding  his  ballot,  and  he  shall  then  retire  to  an  unoccupied 
booth  and  without  undue  delay  stamp  the  same  with  the  rubber  stamp 
there  found.  If  he  shall  spoil  or  deface  the  ballot  he  shall  at  once 
return  the  same  to  the  ballot  clerk  and  receive  another. 


Act  1010,  §§  18-22  GENERAL   LAWS.  G8G 

§  18.  Designating  choice.  The  voter  shall  designate  his  choice  on  the 
ballot  by  stamping  a  cross  (X)  in  the  small  square  opposite  the  name 
of  each  candidate  for  whom  he  wishes  to  vote.  If  he  shall  stamp  more 
names  than  there  are  candidates  to  be  nominated  for  any  office,  or  if 
for  any  reason  it  be  impossible  to  determine  his  choice  for  any  office, 
his  ballot  shall  not  be  counted  for  such  office,  but  the  rest  of  his  ballot, 
if  properly  stamped,  shall  be  counted.  No  ballot  shall  be  rejected  for 
any  technical  error  which  does  not  render  it  impossible  to  determine 
the  voter's  choice,  nor  even  though  such  ballot  be  somewhat  soiled  or 
defaced. 

§  19.  Folding  ballot.  When  a  voter  has  stamped  his  ballot  he  shall 
fold  it  so  that  its  face  shall  be  concealed  and  only  the  printed  desig- 
nation on  the  back  thereof  shall  'be  visible,  and  hand  the  same  to  the 
member  of  the  board  in  charge  of  the  ballot-box.  Such  folded  ballot 
shall  be  voted  as  ballots  are  voted  at  general  elections,  and  the  name 
of  the  voter  cheeked  upon  the  affidavit  of  registration  as  having  voted 
as  is  required  at  such  general  elections.  [Amendment  approved  May 
29,  1917;  Stats.  1917,  p.  1354.] 

§  20.     No  intermission  between  closing  of  polls  and  counting  of  votes. 

No  adjournment  or  intermission  whatever  shall  take  place  until  the 
polls  shall  be  closed  and  until  all  the  votes  cast  at  such  polls  shall  be 
counted  and  the  result  publicly  announced,  but  this  shall  not  be  deemed 
to  prevent  any  temporary  recess  while  taking  meals  or  for  the  purpose 
of  other  necessary  delay;  provided,  that  no  more  than  one  member  of  the 
board  shall  at  any  time  be  absent  from  the  polling  place. 

§  21.  Canvass  of  votes.  As  soon  as  the  polls  are  finally  closed  the 
judges  must  immediately  proceed  to  canvass  the  votes  cast  at  such 
primary  election.  The  canvass  must  be  public,  in  the  presence  of  by- 
standers, and  must  be  continued  without  adjournment  until  completed 
and  the  result  thereof  declared.  Except  as  hereinafter  provided,  the 
canvass  shall  be  conducted,  completed  and  returned  as  provided  by  sec- 
tions 1253,  1254,  1255,  1256,  1257,  1258,  1259,  1260,  1261,  1262,  1263, 
1264,  1264a,  1265,  1266,  1267,  1268  of  the  Political  Code  of  this  state; 
provided,  however,  tbat  the  ballots  of  each  party  must  be  sealed  and 
returned  in  separate  envelopes,  and  the  nonpartisan  ballots  must  be 
sealed  and  returned  in  another  separate  envolo])e.  The  number  of 
ballots  agreeing  or  being  made  to  agree  with  the  number  of  names 
on  the  lists,  as  ])rovided  by  section  1255  of  the  Political  Code,  the 
lioard  must  take  the  ballots  from  the  box,  count  those  cast  by  each  party, 
iiiid  string  tliem  separately;  count  all  the  votes  cast  for  each  i)arty  can- 
didate for  the  several  offices  and  record  the  sanu-  (ui  the  tally  lists;  and 
count  all  tlie  votes  on  all  tlu'  ballots,  both  parlv  and  nonpartisan,  for 
the  candidates  for  judicial,  school,  county,  township,  and  municipal 
offices,  and  record  the  same  on  the  tally  lists.  [Amendment  approved 
May  29,   1917;   Stats.   1917,  ]>.   i;;-'i.| 

§  22.  Canvass  of  returns.  Declaration  of  result.  Returns  to  secre- 
tary  of   state.     Secretary    of   state   to    compile   returns.     The    lioard    of 


()87  iELECTIONS.  Act  1010,  ^  2H 

biiporvisors  of  each  county,  the  board  of  election  commissioners  in  any 
city  and  county,  or,  in  the  case  of  a  city  or  municipal  primary  election, 
the  officers  charged  by  law  with  the  duty  of  canvassing  the  vote  at  any 
city  or  municipal  election  in  such  political  subdivision,  shall  meet  at  the 
usual  place  of  such  meeting,  or  at  any  ot^ier  place  permitted  by  law,  at 
one  o'clock  in  the  afternoon  of  the  first  Thursday  after  each  primary 
election  to  canvass  the  returns,  or  as  soon  thereafter  as  all  the  returns 
are  in.  When  begun  the  canvass  shall  be  continued  until  completed, 
which  shall  not  be  later  than  six  o'clock  in  the  afternoon  of  the  six- 
teenth day  following  such  primarj-  election.  The  clerk  of  the  board 
must,  as  soon  as  the  result  is  declared,  enter  upon  the  records  of  such 
board  a  statement  of  such  result,  which  statement  shall  contain  the 
whole  number  of  votes  cast  for  each  candidate  of  each  political  party, 
for  each  candidate  for  each  judicial,  school,  county,  township,  or  muni- 
cipal office,  for  each  candidate  for  delegate,  if  any,  to  a  state  conven- 
tion from  a  hold-over  senatorial  district,  and  for  each  candidate  for 
membership  in  the  county  central  committee;  provided,  however,  that  in 
entering  the  statement  of  such  result,  the  provisions  of  subdivision  six 
of  section  1282  of  the  Political  Code  shall  apply,  and  a  duplicate 
as  to  each  political  party  shall  be  delivered  to  the  county,  city 
and  county  or  city  chairman  of  such  political  party,  as  the  case 
may  be.  The  clerk  shall  also  make  an  additional  duplicate  state- 
ment in  the  same  form  showing  the  votes  cast  for  each  candidate 
not  voted  for  wholly  within  the  limits  of  such  county  or  city  and  county. 
The  county  clerk  or  registrar  of  voters  in  any  city  and  county  shall 
forthwith  send  to  the  secretary  of  state  by  registered  mail  or  by  express 
one  complete  copy  of  all  returns  as  to  such  candidates,  and  as  to  all 
candidates  voted  for  wholly  within  one  county  for  the  following  offices: 
State  assembly,  state  senate,  representatives  in  congress,  members  of 
the  state  board  of  equalization,  judicial  officers,  except  justices  of  the 
peace,  and  delegate,  if  any,  to  a  state  convention  from  a  hold-over  sena- 
torial district;  and  as  to  all  persons  voted  for  at  the  May  presidential 
primary  election.  The  secretary  of  state  shall,  not  later  than  the  twenty- 
fifth  day  after  any  primary  election,  compile  the  returns  for  ail  candi- 
dates voted  for  in  more  than  one  county,  and  for  all  candidates  for  the 
assembly,  state  senate,  representatives  in  congress,  member  of  the  state 
board  of  equalization,  and  judicial  offices  (except  justices  of  the  peace), 
delegate,  if  any,  to  a  state  convention  from  a  hold-over  senatorial  dis- 
trict, and  for  all  persons  voted  for  at  the  May  presidential  primary 
election,  and  shall  make  out  and  file  in  his  office  a  statement  thereof. 
He  shall  compile  the  returns  for  the  May  presidential  primary  election 
not  later  than  the  twenty-first  day  after  such  election,  and  shall  com- 
pile said  returns  in  such  a  manner  as  to  show,  for  each  candidate,  both 
the  total  of  the  votes  received  and  the  votes  received  in  each  congres- 
sional district  of  the  state.  [Amendment  approved  May  29,  1917;  Stats. 
1917,  p.  1355.] 

§  23.  Names  which  go  on  ballot  for  final  election.  In  case  of  judicial 
office,  etc.  Certificates  of  nomination.  List  of  persons  entitled  to  re- 
ceive votes.  Except  in  the  case  of  a  candidate  for  nomination  to  a 
judicial,  school,  county,  township,  or  municipal  office,  the  person  reeeiv- 


Act  1010,  §  23  GENERAL   LAWS.  688 

ing  the  highest  number  of  votes,  at  a  primary  election  as  the  candidate 
for  the  nomination  of  a  political  party  for  an  office  shall  be  the  candi- 
date of  that  party  for  such  office,  and  his  name  as  such  candidate  shall 
be  placed  on  the  official  ballot  voted  at  the  ensuing  election;  provided, 
he  has  paid  the  filing  fee  as  required  by  section  seven  of  this  act;  and 
provided,  further,  that  no  candidate  for  a  nomination  for  other  than  a 
judicial,  school,  county,  township  or  municipal  office  who  fails  to  receive 
the  highest  number  of  votes  for  the  nomination  of  the  political  party 
with  which  he  was  affiliated  thirty-tive  days  before  the  date  of  the  pri- 
mary election,  as  ascertained  by  the  secretary  of  state  from  the  affidavit- 
of  registration  of  such  candidate  in  the  office  of  the  county  clerk  of 
the  county  in  which  such  candidate  resides,  shall  be  entitled  to  be  the 
candidate  of  any  other  political  party. 

In  the  case  of  a  judicial,  school,  county,  township,  or  xnunicipal  office, 
the  candidates  equal  in  number  to  twice  the  number  to  be  elected  to 
such  office,  or  less,  if  the  total  number  of  candidates  is  less  than  twice 
the  number  of  offices  to  be  filled,  who  receive  the  highest  number  of 
votes  cast  on  all  the  ballots  of  all  the  voters  participating  in  the  pri- 
mary election  for  nomination  to  such  office,  shall  be  the  candidates  for 
such  office  at  the  ensuing  election,  and  their  names  as  such  candidates 
shall  be  placed  on  the  official  ballot  voted  at  the  ensuing  election;  pro- 
vided, however,  that  in  case  there  is  but  one  person  to  be  elected  at 
the  November  election  to  any  judicial,  school,  county,  or  township  office, 
any  candidate  who  receives  at  the  August  primary  election  a  majority 
of  the  total  number  of  votes  cast  for  all  the  candidates  for  such  office 
shall  be  the  only  candidate  for  such  office  whose  name  shall  be  printed 
on  the  ballot  at  the  ensuing  election;  and  provided,  further,  that  in 
case  there  are  two  or  more  persons  to  be  elected  at  the  November  elec- 
tion to  any  judicial,  school,  county,  or  township  office,  and  in  case  any 
candidate  for  such  office  receive  at  the  August  primary  election  the 
votes  of  a  majority  of  all  the  voters  participating  in  the  primary  elec- 
tion in  the  state  or  political  subdivision  in  which  said  office  is  voted 
upon,  such  candidates  being  herein  designated  as  "majority  candidates," 
said  "majority  candidates"  shall,  if  their  number  is  not  less  than  the 
number  of  persons  to  be  elected  to  such  office,  be  the  only  candidates 
for  such  office  whose  names  shall  be  printed  on  the  ballot  at  the  ensuing 
November  election;  and  if  the  number  of  such  "majority  candidates" 
falls  short  of  the  number  of  persons  to  be  elected  to  such  office,  the 
names  of  said  "majority  candidates"  shall  be  printed  on  the  ballot  at 
the  ensuing  November  election,  together  with  such  number  of  additional 
names  onlv  of  such  other  candidates  receiving  the  next  highest  number 
of  votes  for  iioiniiiat  ion  In  sucli  ollicc  as  may  make  the  number  of  such 
additional  nunics  iMpiai  to  twice  tlic  difference  between  the  number  of 
such  "majority  candidates"  ami  the  iiunilier  to  1)(>  elected,  or  a  smaller 
number  if  the  list  of  said  otlier  camlidates  is  exhausted.  Of  the  candi- 
dates for  elect  idii  tu  iiiciiiliersln|i  in  tlie  runnty  central  committee,  the 
candidates  ('(|nal  in  nnmliei-  to  the  uuiiilier  to  be  elected  receiving  the 
highest  nuiiiln-r  of  \iiles  in  tlieir  supervisorial  district  or  assembly  dis- 
trict as  the  case  may  lie  in  accordance  with  the  provisions  of  subdivi- 
sion four  of  section  twenty  Innr  of  tliis  act.  shall  be  declared  elected 
as   the   represrntat ives   of   their   district   to    nienibershii)  in   such   commit- 


689  ELECTIONS.  Act  1010,  §  24 

tee.  It  shall  be  the  duty  of  the  officers  cliarged  with  the  canvass  of 
the  returns  of  any  primary  election  in  any  county,  city  and  county  or 
municipality  to  cause  to  be  issued  official  certificates  of  nomination  to 
such  party  candidates  (other  than  congressional  and  legislative  candi- 
dates, candidates  for  the  state  board  of  equalization,  and  delegates  to 
the  state  convention  from  a  hold-over  senatorial  district),  as  have  re- 
ceived the  highest  number  of  votes  as  the  candidates  for  the  nomina- 
tion of  such  party  for  any  offices  to  be  voted  for  wholly  within  such 
county,  city  and  county,  or  municipality,  and  cause  to  be  issued  to  each 
member  of  a  count}'  central  committee  a  certificate  of  Ms  election;  and 
to  cause  to  be  issued  official  certificates  of  nomination  to  such  candidates 
for  judicial,  school,  county,  township  or  municipal  offices  voted  for 
wholly  within  one  county  as  may  be  entitled  to  nomination  under  the 
provisions  of  this  section.  It  shall  be  the  duty  of  the  secretary  of  state 
to  issue  official  certificates  of  nomination  to  candidates  nominated  under 
the  provisions  of  this  act  for  representatives  in  congress,  members  of 
the  state  senate  and  assembly,  members  of  the  state  board  of  equaliza- 
tion, and  officers  voted  for  in  more  than  one  county;  and  to  issue  a  cer- 
tificate of  election  to  each  delegate  elected  to  the  state  convention  from 
a  hold-over  senatorial  district;  and  to  issue  certificates  of  election  to  all 
persons  elected  at  the  May  presidential  primary  election  as  delegates 
to  their  respective  national  party  conventions. 

Not  less  than  thirty  days  before  the  November  election  the  secretary 
of  state  shall  certify  to  the  county  clerks  or  registrars  of  voters  of  each 
county  and  city  and  county  within  the  state,  the  name  of  every  person 
entitled  to  receive  votes  within  such  county  or  city  and  county  at  said 
November  election  who  has  received  the  nomination  as  a  candidate  for 
public  office  under  and  pursuant  to  the  provisions  of  this  act,  and  whose 
nomination  is  evidenced  by  the  compilation  and  statement  required  to 
be  made  by  said  secretary  of  state  and  filed  in  his  offi^ce,  as  provided  in 
section  22  of  this  act.  Such  certificates  shall  in  addition  to  the 
names  of  such  nominees  respectively,  also  show  separately  and  respec- 
tively for  each  nominee  the  name  of  the  political  party  or  organization 
which  has  nominated  such  person  if  any  and  the  designation  of  the  public 
office  for  which  he  is  so  nominated.  [Amendment  approved  May  29, 
.1917;  Stats.  1917,  p.  1356.] 

§  24.  Party  conventions.  1.  Party  conventions  of  delegates  chosen 
as  hereinafter  provided  may  be  held  in  this  state,  for  the  purpose  of 
promulgating  platforms  and  transacting  such  other  business  of  the  party 
as  is  not  inconsistent  with  the  provisions  of  this  act. 

2.  State  conventions.  Platforms.  State  central  committee.  Presi- 
dential electors.  Members  must  have  been  on  primary  ballot.  In  dis- 
trict represented  by  hold-over  senator.  Filling  vacancies.  The  candidates 
of  each  political  party  for  congressional  offices  and  for  state  offices,  if 
any,  except  judicial  and  school  offices,  and  such  candidates  for  senate  and 
assembly  as  have  been  nominated  by  such  political  party  at  the  primary 
election,  and  in  whose  behalf  nomination  papers  have  been  filed,  together 
with  the  hold-over  senators  affiliated  with  and  nominated  bj'  such  politi- 
44 


Act  1010,  §  24  GENERAL  lam^s.  690 

eal  party  at  the  election  at  which  said  hold-over  senators  were  elected 
and  one  delegate  chosen  by  such  political  party  from  each  senatorial 
district  not  represented  by  a  hold-over  senator  affiliated  with  and  nomin- 
ated by  such  political  party  at  the  election  at  which  the  hold-over 
senator  was  elected,  shall  meet  in  a  state  convention  at  the  state  capitol 
at  two  o'clock  in  the  afternoon  of  the  third  Tuesday  in  September  after 
the  date  on  which  any  primary  election  is  held  preliminary  to  the  general 
November  election.  They  shall  forthwith  formulate  the  state  platforms 
of  their  party,  which  said  state  platform  of  each  political  party  shall  be 
framed  at  such  time  that  it  shall  be  made  public  not  later  than  six 
o'clock  in  the  afternoon  of  the  following  day.  They  shall  also  proceed 
to  elect  a  state  central  committee  to  consist  of  at  least  three  (3)  mem- 
bers from  each  congressional  district,  who  shall  hold  office  until  a  new 
state  central  committee  shall  have  been  selected.  In  each  year  of  the 
general  November  election  at  which  electors  of  President  and  Vice- 
president  of  the  United  States  are  to  be  chosen,  they  shall  also  nominate 
as  the  candidates  of  their  party  as  many  electors  of  President  and  Vice- 
president  of  the  United  States  as  the  state  is  then  entitled  to,  and  it 
shall  be  the  duty  of  the  secretary  of  state  to  issue  certificates  of  nomin- 
ation to  the  electors  so  nominated,  and  to  cause  the  names  of  such  candi- 
dates for  elector  to  be  placed  upon  the  ballots  at  the  ensuing  November 
election. 

Membership  in  the  state  convention  shall  not  be  granted  to  a  party 
nominee  for  a  congressional  office,  state  office,  or  office  of  senator  or 
assemblyman  who  has  become  such  by  reason  of  his  name  having  been 
written  on  a  ballot,  and  who  has  not  had  his  name  printed  on  the  pri- 
mary ballot  by  having  had  a  nomination  paper  filed  in  his  behalf,  as  pro- 
vided in  section  5  of  this  act;  nor  shall  membership  in  such  conven- 
tion be  granted  to  the  nominee  of  any  party  if  such  nominee  has  not 
stated  his  affiliation  with  such  party  in  his  affidavit  of  registration  used 
at  such  primary  election;  and,  in  every  such  case,  a  vacancy  in  the 
membership  of  such  convention  shall  be  deemed  to  exist;  and  any  such 
vacancy  thereby  existing,  or  existing  because  no  nomination  for  such 
office  has  been  made,  or  for  any  other  cause,  shall  be  filled  as  herein- 
after provided.  Each  candidate  who  has  received  the  nomination  of 
more  than  one  party  for  a  congressional,  state,  or  legislative  office  shall 
jwocure  from  the  county  clerk  of  the  county  in  which  he  resides,  a  cer- 
tificate stating  the  party  with  which  such  candidate  was  affiliated  thirty- 
five  days  before  the  date  of  the  primary  election,  as  shown  by  the  affidavit 
of  registration  of  siK-h  cMii.licl.-ifc  in  the  office  of  such  county  clerk;  and 
this  certificate  shall  lie  in  cicilcnt ials  of  snch  candidate  to  membership  in 
the  convention  of  his  party. 

In  any  senatorial  district  rcpii'seiited  by  a  hold-over  senator  there 
shall  be  chosen  ;it  sncli  primary  election  by  the  electors  of  each  political 
party,  other  tliaii  Ihc  j.arty  wliidi  the  hold-over  senator  was  affiliated 
with  and  nominatcil  liy,  imc  ilclcn;,((.  to  the  state  convention,  who  shall 
have  nomination  impcrs  circnlnlcd  in  his  behalf,  sliall  have  his  name 
placed  upon  the  Itnllut,  and  sli.ili  lie  ilidscn  in  the  same  manner  as  a 
state  senator  is  noininnlcd  I'idmi  ;iny  scnni  (Mini  <lisliict;  hnl  no  such  dele- 
gate  shall    be   dis(|n;ilili<'d    iiy   reason   of   lioldin^r  ;,uy   olljc,.,    nor  shall   any 


(JIU  ELECTIONS.  Act  1010,  §24 

filing  fee  be  required  in  order  to  have  iiis  name  placed  upon  the  ballot. 
The  term  "hold-over  senator"  as  herein  used  shall  apply  to  a  state  sena- 
tor whose  term  of  office  extends  beyond  the  first  Monday  in  January  of 
the  year  next  ensuing  after  the  primary  election,  and  the  term  "hold- 
over senatorial  district"  sliall  apply  to  the  district  represented  by  such 
hold-over  senator. 

In  the  event  that  there  shall  not  have  been  filed  any  nomination  ])aper 
for  a  candidate  for  any  congressional  or  state  office  or  office  of  senator 
or  assemblyman  or  delegate  from  a  hold-over  senatorial  district  by  the 
electors  of  any  political  party,  or  in  the  event  that  the  nominee  of  any 
party  for  such  office  has  not  declared  his  affiliation  with  such  party,  as 
herein  provided,  or  in  the  event  of  the  death  of  the  candidate  prior  to 
the  convention,  the  vacancy  thus  created  in  the  state  convention  of  such 
party  shall  be  filled  as  follows: 

(a)  If  the  vacancy  occurs  in  a  senatorial  or  assembly  district  situated 
wholly  within  the  limits  of  a  single  county  or  city  and  county,  by  ap- 
pointment by  the  newly  elected  county  central  committee  of  such  party 
in  such  county  or  city  and  county. 

(b)  If  the  vacancy  occurs  in  a  senatorial  or  assembly  district  com- 
prising two  or  more  counties,  by  appointment  by  the  newly  selected 
chairmen  of  the  several  newly  elected  county  central  committees  of  such 
party  in  such  counties. 

(c)  If  the  vacancy  occurs  in  a  congressional  or  state  otlfice,  by  apDoint- 
ment  by  the  state  central  committee  of  such  party. 

Such  delegate  so  appointed  shall  present  to  the  convention  credentials 
signed  by  the  chairman  and  the  secretary  of  the  appointing  committee, 
or  by  the  appointing  chairmen  of  the  several  committees,  as  the  case 
may  be. 

3.  Executive  committee.  Each  state  central  committee  may  select  an 
executive  committee,  to  which  executive  committee  it  may  grant  all  or 
any  portion  of  its  powers  and  duties.  It  shall  choose  its  officrs  by  ballot 
and  each  committee  and  its  officers  shall  have  the  power  usually  exer- 
cised by  such  committees  and  the  officers  thereof  in  so  far  as  may  be  con- 
sistent with  this  act.  The  various  officers  and  committees  now  in  exist- 
ence shall  exercise  the  powers  and  perform  the  duties  herein  prescribed 
until  their  successors  are  chosen  in  accordance  with  the  provisions  of 
this  act. 

4.  County  central  committee.  Meetings.  At  each  August  primary 
election  there  shall  be  elected  in  each  county  or  city  and  county  a 
county  central  committee  for  each  political  party,  which  shall  have 
charge  of  the  party  campaign  under  general  direction  of  the  state  cen- 
tral committee  or  of  the  executive  committee  selected  by  such  state  cen- 
tral committee.  In  any  city  and  county  containing  more  than  ten 
assembly  districts  the  county  central  committee  of  such  party,  shall  be 
elected  by  each  assembly  district  and  shall  consist  of  five  members  from 
each  assembly  district  in  such  city  and  county.  In  all  counties  con- 
taining five  or  more  assembly  districts  the  county  central  committee  of 
such  party  shall  be  elected  by  assembly  districts  and  shall  consist  of  one 
member  for  each  seven  hundred  votes  or  fraction  thereof  in  each  such 
assembly  district  cast  for  such  party's  candidate  for  governor  at  the  last 


Act  1010,  §  25  GENERAL   LAWS.  692 

general  election  at  which  a  governor  was  elected.  In  all  counties  con- 
taining less  than  five  assembly  districts  the  county  central  committee 
shall  be  elected  by  supervisor  districts,  and  the  number  to  be  elected 
from  any  supervisor  district  shall  be  determined  as  follows:  the  number 
of  votes  cast  in  such  supervisor  district  for  such  party's  candidate  for 
governor  at  the  last  general  election  at  which  such  governor  was  elected 
shall  be  divided  by  one-twentieth  of  the  number  of  votes  cast  for  such 
governor  in  such  county;  and  the  integer  next  larger  than  the  quotient 
obtained  by  such  division  shall  constitute  the  number  of  members  of  the 
county  central  committee  to  be  elected  by  such  party  in  said  supervisor 
district.  The  county  clerk  or  registrar  of  voters  in  each  county  or  city 
and  county  shall,  between  the  first  Monday  and  the  second  Monday  of 
June  next  preceding  the  primary  election,  compute  the  number  of  mem- 
bers of  the  county  central  committee  allotted  to  each  assembly  district 
or  supervisor  district,  as  the  case  may  be,  by  the  provisions  of  this 
subdivision.  Each  candidate  for  member  of  a  county  central  com- 
mittee shall  appear  upon  the  ballot  upon  the  filing  of  a  nomination 
paper  according  to  the  provisions  of  section  five  of  this  act,  signed  in  his 
behalf  by  the  electors  of  the  political  subdivision  in  which  he  is  a  can- 
didate, as  above  provided;  and  the  number  of  candidates  to  which  each 
party  is  entitled,  as  hereinbefore  provided,  in  each  political  subdivision, 
receiving  the  highest  number  of  votes  shall  be  declared  elected.  Each 
county  central  committee  shall  meet  in  the  court  house  at  its  county  seat 
on  the  second  Tuesday  in  September  following  the  August  prijnary 
election,  and  shall  organize  by  selecting  a  chairman,  a  secretary  and  such 
other  officers  and  committees  as  it  shall  deem  necessary  for  carrying  on 
the  campaign  of  the  party.  [Amendment  approved  May  29,  1917;  Stats. 
1917,  p.  1358.] 

§  25.  Withdrawing  as  candidate.  Filing  vacancies.  Name  printed  on 
ballot.  No  candidate  whose  nomination  papers  have  been  filed  for  any 
primary  election  can  withdraw  as  a  candidate  at  such  primary  election. 
No  candidate  nominated  at  any  primary  election  can  withdraw  as  a 
candidate  at  the  ensuing  general  election  except  such  as  are  permitted 
to  withdraw  by  this  section.  In  case  as  a  result  of  any  primary  election 
a  person  has  received  a  nomination  to  any  office  without  first  having 
nomination  papers  filed,  and  having  his  name  printed  on  the  primary 
election  ballot,  he  may  at  least  thirty-one  days  before  the  day  of  elec- 
tion cause  his  name  to  be  withdrawn  from  nomination  by  filing  in  the 
office  where  he  would  have  filed  his  nomination  papers  had  he  been  a 
candidate  for  nomination,  his  request  therefor  in  writing,  signed  by  him 
and  acknowledged  before  the  county  clerk  of  the  county  in  which  he 
resides;  and  no  name  so  withdrawn  shall  be  printed  on  the  election  bal- 
lot for  the  ensuing  general  election.  The  vacancy  created  by  the  with- 
drawal of  such  person  as  aforesaid,  or  on  account  of  the  ineligibility  of 
such  person  to  qualify  as  a  candidate  because  of  the  inhibitions  of  sub- 
division 9  of  section  5  of  this  act  or  of  section  23  of  this  act,  or 
by  reason  of  the  failure  of  a  party  to  nominate  any  candidate  for  the 
office  at  the  ])riinary  election,  or  for  any  other  cause  except  the 
doatli  of  tlic  candidate  occurring  after  the  primary  election,  shall  not 
be  filled.     A   vacancy  by  reason  of  the  death  of  any  candidate  occurring 


693  ELECTIONS.  Act  1010,  §§  26, 27 

after  the  holding  of  any  primary  election  may  bo  filled  by  the  party 
committee  of  the  city,  county,  city  and  county,  or  state,  as  the  case  may 
be,  unless  such  vacancy  occurs  among  candidates  chosen  at  the  primary 
election  to  go  on  the  ballot  for  the  succeeding  general  election  for  a 
judicial,  school,  county,  township,  or  municipal  office  according  to  the 
provisions  of  section  23  of  this  act,  in  which  case  that  candidate  receiv- 
ing at  said  primary  election  the  highest  vote  among  all  the  candidates 
for  said  office  who  have  failed  to  receive  a  sufficient  number  of  votes  to 
get  upon  said  ballot  according  to  the  provisions  of  said  section  23,  shall 
go  upon  said  ballot  to  fill  said  vacancy;  provided,  however,  that  if  the 
vacancy  occurs  in  a  case  where,  by  reason  of  having  received  a  majority 
vote  at  the  primary  election,  only  one  person  is  entitled  to  have  his  name 
printed  upon  the  ballot  at  the  ensuing  November  election,  the  names  of 
the  two  candidates  receiving  the  next  highest  vote  at  the  primary  elec- 
tion, if  there  were  such  number,  shall  be  placed  upon  the  ballot  for  the 
November  election;  and  provided,  further,  that  a  vacancy  authorized  to 
be  filled  by  the  provisions  of  this  section  shall  only  be  so  filled  if  such 
person  has  died  and  such  vacancy  has  been  filled  and  certified  to  the  officer 
charged  with  the  duty  of  printing  the  ballots  twenty-five  days  before 
the  day  of  election. 

Whenever  a  nomination  paper  containing  a  sufficient  number  of  signa- 
tures has  been  filed  for  any  person  as  a  candidate  to  be  voted  for  at  a 
primary  election,  the  name  of  such  person  must  be  .printed  upon  the 
ballot  or  ballots  of  such  primary  election  as  hereinbefore  provided  in 
section  12  of  this  act,  unless  such  person  has  died  and  such  fact  has 
been  ascertained,  by  the  officer  charged  with  the  duty  of  printing  the 
ballot,  at  least  twenty-five  days  before  the  day  of  election. 

Whenever  a  candidate  has  been  nominated  at  any  primary  election 
after  having  nomination  papers  filed,  the  name  of  such  candidate  must 
be  printed  upon  the  ballot  at  the  ensuing  general  election  unless  such 
candidate  has  died  and  such  fact  has  been  ascertained,  by  the  officer 
charged  with  the  duty  of  printing  the  ballots,  at  least  twenty-five  days 
before  the  day  of  election. 

Whenever,  upon  the  death  of  any  candidate,  the  vacancy  thereby 
created  is  filled  by  a  party  committee,  a  certificate  to  that  effect  shall 
be  filed  with  the  officer  with  whom  a  nomination  paper  for  such  office 
of  such  nomination  paper.  [Amendment  approved  May  29,  1917;  Stats. 
1917,  p.  1361.] 

§  26.  Tie  vote.  In  case  of  a  tie  vote,  if  for  an  office  to  be  voted  for 
wholly  within  one  county  or  city  and  county,  the  county,  city  and  county 
or  city  board,  as  the  case  may  be,  shall  forthwith  summon  the  candidates 
who  have  received  such  tie  votes  to  appear  before  such  board,  and  such 
board  in  the  presence  of  such  candidates  shall  determine  the  tie  by  lot. 
In  the  case  of  a  tie  vote  for  an  office  to  be  voted  for  in  more  than  one 
county,  such  tie  shall  be  determined  by  lot  by  the  secretary  of  state 
in  the  presence  of  the  candidates  or  their  legally  appointed  representa- 
tives. Such  summons  must  in  every  case  be  mailed  to  the  address  of 
the  candidate  as  it  appears  upon  his  affidavit  of  registration. 

§  27.  Correction  of  errors  or  omission.  Whenever  it  shall  be  made  to 
appear  by  affidavit  to  the  supreme  court  or  district  courts  of  appeal  or 


Act  1010,  §  28  GENERAL   LAWS.  694 

superior  court  of  the  proper  county  that  an  error  or  omission  has  occurred 
or  is  about  to  occur  in  the  placing  of  any  name  on  an  official  primary 
election  ballot,  that  any  error  has  been  or  is  about  to  be  committed  in 
printing  such  ballot,  or  that  any  wrongful  act  has  been  or  is  about  to  be 
done  by  any  judge  or  clerk  of  a  primary  election,  county  clerk,  registrar 
of  voters  in  any  city  and  county,  canvassing  board  or  any  member 
thereof,  or  other  person  charged  with  any  duty  concerning  the  primary 
election,  or  that  any  neglect  of  duty  has  occurred  or  is  about  to  occur, 
such  court  shall  order  the  officer  or  person  charged  with  such  error, 
wrong  or  neglect  to  forthwith  correct  the  error,  desist  from  the  wrongful 
act  or  perform  the  duty,  or  forthwith  show  cause  why  he  should  not  do 
so.  Any  person  who  shall  fail  to  obey  the  order  of  such  court  shall  be 
cited  forthwith  to  show  cause  wh}'  he  shall  not  be  adjudged  in  contempt 
of  court.  '        '  ; 

§  28.  Contest  of  nomination.  Copy  of  affidavit  mailed  to  contestee. 
Precincts  considered.  Hearing.  No  demurrer.  Additional  judges.  Re- 
count of  votes.  Decision,  No  appeal.  Any  candidate  at  a  primary  elec- 
tion, desiring  to  contest  a  nomination  of  another  candidate  for  the  same 
office,  may,  within  five  days  after  the  completion  of  the  official  canvass, 
file  an  affidavit  in  the  office  of  the  clerk  of  the  superior  court  of  the 
county  in  which  he  desires  to  contest  the  vote  returned  from  any  pre- 
cinct or  precincts  in  such  county,  and  thereupon  have  a  recount  of  the 
ballots  cast  in  any  such  precinct  or  precincts,  in  accordance  with  the 
provisions  of  this  section.  Such  affidavit  must  specify  separately  each 
precinct  in  which  a  recount  is  demanded,  and  the  nature  of  the  mistake, 
error,  misconduct,  or  other  cause  why  it  is  claimed  that  the  returns 
from  such  precinct  do  not  correctly  state  the  vote  as  cast  in  such  pre- 
cinct, for  the  Contestant  and  the  contestee.  The  contestee  must  be  made 
a  party  respondent,  and  so  named  in  the  affidavit.  No  personal  service 
or  other  service  than  as  herein  provided  need  be  made  upon  the  contestee. 
Upon  the  filing  of  such  affidavit  the  county  clerk  shall  forthwith  post  in 
a  conspicuous  place  in  his  office  a  copy  of  the  affidavit.  Upon  the  filing 
of  such  affidavit  and  the  posting  of  the  same,  the  superior  court  of  the 
county  shall  have  jurisdiction  of  the  subject  matter  and  of  the  parties 
to  such  contest,  and  all  candidates  at  any  such  primary  election  are  per- 
mitted to  be  candidates  under  this  act,  only  upon  the  condition  that  such 
jurisdiction  for  the  purposes  of  the  proceeding  authorized  by  this  section 
shall  exist  in  the  manner  and  under  the  conditions  provided  for  by  this 
section.  The  contestant  on  the  date  of  filing  such  affidavit,  must  send 
by  registered  mail  a  copy  thereof  to  the  contestee  in  a  sealed  envelope, 
witli  postage  prepaid,  addressed  to  the  contestee  at  the  place  of  residence 
named  in  the  affidavit  of  registration  of  such  contestee,  and  shall  make 
an  affidavit  of  such  mailing  and  file  the  same  with  the  county  clerk  to 
become  a  part  of  the  records  of  the  contest.  At  any  time  within  three 
days  after  the  filing  of  the  affidavit  of  the  contestant  to  the  effect  that 
he  has  sent  by  registered  mail  a  copy  of  the  affidavit  to  the  contestee, 
such  contestee  inny  file  wilii  tlic  county  clerk  an  affidavit  in  his  own 
Itehalf,  setting  ii|>  liis  desire  to  have  liio  votes  counted  in  any  precincts, 
designating  llieni,  in  ;Hlilition  to  tiie  precincts  designated  in  the  affidavit 
of  the  conteslnnt,  ;ind  setting  up  his  grounds  therefor.     On  the  trial  of 


695  ELECTIONS.  Act  1010,  §  28 

the  c'outest  all  of  the  preciucts  named  in  tlie  affidavits  of  the  contestant 
and  the  contestee  shall  be  considered,  and  a  recount  had  with  reference 
(o  all  of  said  precincts;  and  the  contestant  shall  have  the  same  right  to 
answer  the  affidavit  of  the  contestee  as  is  given  to  the  contestee  herein 
with  reference  to  the  affidavit  of  the  contestant  except  that  such  an- 
swer must  be  filed  not  later  than  the  first  day  of  the  trial  of  said  con- 
test. On  the  eighth  day  after  the  completion  of  the  official  canvass  the 
county  clerk  shall  present  the  affidavits  of  the  contestant  and  the  con- 
testee and  proof  of  posting,  as  aforesaid,  to  the  judge  of  the  superior 
court  of  the  county,  or  any  judge  acting  in  his  place,  or  the  presiding 
judge  of  the  superior  court  of  a  county  or  city  and  couutj^,  or  anyone 
acting  in  his  stead,  which  judge  shall,  upon  such  presentation,  forthwith 
designate  the  time  and  place  where  such  contest  shall  proceed,  and  in 
counties  or  cities  and  counties  where  there  is  more  than  one  superior 
judge,  assign  all  the  cases  to  one  department  by  the  order  of  such  court. 
Such  order  must  so  assign  such  case  or  cases,  and  fix  such  time  and  place 
for  hearing,  which  time  must  not  be  less  than  one  nor  more  than  three 
days  from  the  presentation  of  the  matter  to  the  court  by  the  county 
clerk  as  herein  provided.  It  shall  be  the  duty  of  the  contestee  to  appear 
either  in  person  or  by  attorney,  at  the  time  and  place  so  fixed,  and  to 
take  notice  of  the  order  fixing  such  time  and  place  from  the  records  of 
the  court,  without  service.  No  special  appearance  of  the  contestee  for 
any  purpose  except  as  herein  provided  shall  be  permitted,  and  any 
appearance  whatever  of  the  contestee  or  any  request  of  the  court  by  the 
contestee  or  his  attorney,  shall  be  entered  as  a  general  apparance  in  the 
contest.  No  demurrer  or  objection  can  be  taken  by  the  parties  in  any 
other  manner  than  by  answer,  and  all  the  objections  must  be  contained 
in  the  answer.  The  court  if  the  contestee  shall  appear,  must  require 
the  answer  to  be  made  within  three  days  from  the  time  and  place  as 
above  provided,  and  if  the  contestee  shall  not  appear  shall  note  his  de- 
fault, and  shall  proceed  to  hear  and  determine  the  contest  with  all  con- 
venient speed.  If  the  number  of  votes  which  are  sought  to  be  recounted, 
or  the  number  of  contests  are  such  that  the  judge  shall  be  of  opinion 
that  it  will  require  additional  judges  to  enable  the  contest  or  contests 
to  be  determined  in  time  to  print  the  ballots  for  the  election,  if  there 
be  only  one  judge  for  such  county,  he  may  obtain  the  service  of  any 
other  superior  judge,  and  the  proceedings  shall  be  the  same  as  herein 
provided  in  counties-  where  there  is  more  than  one  superior  court  judge. 
If  the  proceeding  is  in  a  county  or  city  and  county  where  there  is  more 
than  one  superior  court  judge,  the  judge  to  whom  the  case  or  cases  shall 
be  assigned,  shall  notify  the  presiding  judge  forthwith,  of  the  number 
of  judges  which  he  deems  necessary  to  participate,  in  order  to  finish 
the  contest  or  contests  in  time  to  print  the  ballots  for  the  final  election, 
and  the  said  presiding  judge  shall  forthwith  designate  as  many  judges 
as  are  necessary  to  such  completion  of  such  contest,  by  order  in  writing, 
and  thereupon  all  of  the  judges  so  designated  shall  participate  in  the  re- 
count of  such  ballots  and  the  giving  of  judgment  in  such  contest  or  con- 
tests in  the  manner  herein  specified.  The  said  judges  so  designated  by 
said  last-mentioned  order,  including  the  judge  to  whom  said  contests  were 
originally  assigned,  shall  convene  upon  notice  from  the  judge  to  whom 


Act  1010,  §  29  GENERAL   LAWS.  696 

such  contest  or  contests  were  originally  assigned,  and  agree  upon  the 
precincts  which  each  one  of  such  judges  will  recount,  sitting  separately, 
and  thereupon  such  recount  shall  proceed  before  each  such  judge  sitting 
separately,  as  to  the  precincts  so  arranged,  in  such  manner  that  the  re- 
count shall  be  made  in  such  precincts  before  each  such  judge  as  to  all 
the  contests  pending,  so  that  the  ballots  opened  before  one  judge  need 
not  be  opened  before  another  judge  or  department,  and  the  proceedings 
before  such  judge  in  making  such  recount  as  to  the  appointment  of  the 
clerk  and  persons  necessary  to  be  assistants  of  the  court  in  making  the 
same,  shall  be  the  same  as  in  contested  elections,  and  the  judge  shall 
fix  the  pay  or  compensation  for  such  persons,  and  require  the  payment 
each  day  in  advance  of  the  amount  thereof,  by  the  person  who  is  jjfo- 
ceeding  with  and  requiring  the  recount  of  the  precinct  being  recounted. 
When  the  recount  shall  have  been  completed  in  the  manner  herein  re- 
quired, if  more  than  one  judge  has  taken  part  therein,  all  the  judges  who 
took  part  shall  assemble  and  make  the  decision  of  court,  and  if  there  be 
any  differences  of  opinion,  a  majoritj^  of  such  judges  shall  finally  deter- 
mine all  such  questions,  and  give  the  decision  or  judgment  of  the  court 
in  such  contest  or  contests,  separately.  Such  decision  or  judgment  of 
the  court  shall  be  final  in  every  respect,  and  no  appeal  can  be  had  there- 
from. The  judgment  shall  be  served  upon  the  county  clerk  or  registrar 
of  voters  by  delivery  of  a  certified  copy  thereof,  and  may  be  enforced 
summarily  in  the  manner  provided  in  section  twenty-seven  of  this  act, 
and  if  the  contest  proceeds  in  more  than  one  county,  and  the  nominee  is 
to  be  certified  by  the  secretary  of  state  from  the  compilation  of  election 
returns  in  his  office,  then  the  judgment  in  each  county  in  which  a  con- 
test may  be  had  shall  show  what,  if  any  changes  in  the  returns  in  the 
office  of  tlie  secretary  of  state  relating  to  such  county  or  city  and  county, 
ought  to  be  made,  and  all  such  judgments  shall  be  served  upon  the 
secretary  of  state,  by  the  delivery  of  a  certified  copy,  and  he  shall  make 
such  changes  in  the  record  in  his  office  as  such  judgment  or  judgments 
require,  and  conform  his  compilation  and  his  certificate  of  nomination  in 
accordance  therewith.  If  the  office  contested  is  one  to  be  voted  upon  in 
more  than  one  county,  the  time  within  which  such  contest  may  be 
brought  in  any  county  involved  shall  begin  to  run  at  the  time  of  the 
declaration  of  the  official  canvass  by  the  board  of  supervisors  of  the 
county  last  making  such  declaration.  [Amendment  approved  May  29, 
1917;  Stats.  1917,  p.  i:^63.] 

§29.  Campaign  expenses.  No  candidate  for  nomination  to  any  elec- 
live  office,  iiicliidiiig  tliat  of  United  States  senator  in  congress,  shall 
<lirectly  or  indirectly  pay,  expend  or  contribute  any  money  or  other 
valuable  thing,  or  promise  so  to  do,  except  for  lawful  expenses.  Lawful 
(■xi)onses  as  used  iii  this  section  are  limifrd  to  expenses  for  the  following 
[Mirposes  only: 

1.  For  tlie  candidate's  oflicial  filing  fee. 

2.  For  tlie  preparing,  printing,  circulating,  and  verilyiiig  of  nomination 
papers. 

■'').    ••''iir  llic  candidiite's  jiei'sonnl   traxcling  expenses. 

I.  7''or  rent  and  necessary  furnishing  of  halls  or  rooms,  during  such 
ctinilidacy,  for  public  meetings  or  for  committee  headquarters. 


G97  ELECTIONS.  Act  1010,  §§  30-82 

5.  For  payment  of  s])eakers  ami  imisicians  at  public  meetings  and 
their  necessary  traveling  expenses. 

6.  For  printing  and  distribution  of  jiaiujihlets,  circulars,  newspapers, 
cards,  handbills,  posters  and  announcements  relative  to  candidates  or 
political  issues  or  principles. 

7.  For  his  share  of  the  reasonable  com[)ensation  of  challengers  at  the 
polls. 

8.  For  making  canvassers  of  voters. 

9.  For  clerk  hire. 

10.  For  conveying  infirm  or  disabled  voters  to  and  from  the  polls. 

11.  For  postage,  expressage,  telegraphing,  and  telephoning,  relative  to 
candidacy. 

§  30.  Campaign  expenses.  Every  person  who  shall  be  a  candidate  for 
nomination  to  any  elective  office  shall  make  in  duplicate,  within  fifteen 
days  after  the  primary  election,  a  verified  statement,  setting  forth  each 
and  every  sum  of  money  contributed,  disbursed,  expended  or  promised  by 
him,  and,  to  the  best  of  his  knowledge  and  belief,  by  any  and  every 
other  person  or  association  of  persons  in  his  behalf  wholly  or  partly  in 
endeavoring  to  secure  his  nomination.  This  statement  must  show  in  de- 
tail all  moneys  paid,  loaned,  contributed,  or  otherwise  furnished  to  him 
directly  or  indirectly  in  aid  of  his  nomination,  together  with  the  name 
of  the  person  or  persons  from  whom  such  moneys  were  received;  and 
must  also  show  in  detail,  under  each  of  the  subdivisions  of  section 
29  of  this  act,  all  moneys  contributed,  loaned,  or  expended  by  him 
directly  or  indirectly  by  himself  or  through  any  other  person,  in  aid  of 
his  nomination,  together  with  the  name  of  the  person  or  persons  to 
whom  such  moneys  were  paid,  or  disbursed.  Such  statement  must  set 
forth  that  the  affiant  has  used  all  reasonable  diligence  in  its  preparation, 
and  that  he  same  is  true  and  is  as  full  and  explicit  as  he  is  able  to  make 
it.  Within  the  time  aforesaid  the  candidate  shall  file  one  copy  of  said 
statement  with  the  officer  with  whom  his  nomination  papers  were  filed, 
and  the  other  with  the  recorder  of  the  county  or  city  and  county  in 
which  he  resides,  who  shall  record  the  same  in  a  book  to  be  kept  for  that 
purpose,  and  to  be  open  to  public  inspection.  No  officer  shall  issue  any 
certificate  of  nomination  to  any  person  until  such  statement  as  herein 
provided  has  been  filed  and  no  other  statement  of  expenses  shall  be 
required  except  that  provided  herein,  and  no  fee  or  charge  whatsoever 
shall  be  made  or  collected  by  any  officer  for  the  verifying,  filing,  or 
recording  of  such  statements  or  a  copy  thereof.  [Amendment  approved 
May  29,  1917;  Stats.  1917,  p.  1365.] 

§  31.  Penalty.  Any  person  violating  any  of  the  provisions  of  section 
29  or  section  30  of  this  act  shall  be  guilty  of  a  misdemeanor,  and  upon 
trial  and  conviction  thereof,  in  addition  to  the  sentence  imposed  by  the 
court,  he  shall  forfeit  all  right  to  the  office  for  which  he  was  a  candidate 
at  the  time  of  violating  the  provisions  aforesaid. 

§32.  Bribes.  Penalty.  1.  Any  person  who  shall  offer,  or  wdth  knowl- 
edge of  the  same  permit  any  person  to  offer  for  his  benefit,  any  bribe  to 
a  voter  to  induce  such  voter  to  sign  any  nomination  paper,  and  any  per- 
son who  shall  accept  such  bribe  or  any  promise  of  gain  of  any  kind  in 


Act  lOlOa  GENERAL  LAWS.  698 

the  nature  of  a  bribe  as  consideration  for  signing  any  nomination  paper, 
whether  such  bribe  or  promise  of  gain  in  the  nature  of  a  bribe  be  offered 
or  accepted  before  or  after  signing,  shall  be  guilty  of  a  misdemeanor 
and  upon  trial  and  conviction  thereof  shall  be  punished  by  a  fine  of  not 
less  than  twenty-five  dollars  nor  more  than  three  hundred  dollars,  or  by 
imprisonment  in  the  county  jail  for  not  less  than  ten  days  nor  more 
than  one  hundred  and  twenty  days,  or  by  both  such  fine  and 
imprisonment. 

2.  Failure  to  file  nomination  papers.  Any  person  who,  being  in  posses- 
sion of  any  nomination  paper  or  papers  and  affidavits  entitled  to  be  filed 
under  the  provisions  of  this  act,  shall  wrongfully  either  suppress,  neglect 
or  fail  to  cause  the  same  to  be  filed  at  the  proper  time  and  in  the  proper 
place  shall  be  guilty  of  a  misdemeanor,  and  upon  trial  and  conviction 
thereof  shall  be  punished  by  a  fine  of  not  less  than  one  hundred  dollars 
nor  more  than  five  hundred  dollars,  or  by  imprisonment  in  the  county 
jail  for  not  less  than  thirty  days  nor  more  than  six  months,  or  by  both 
such  fine  and  imprisonment. 

3.  Other  offenses.  Any  act  or  omission  declared  to  be  an  offense  by 
the  general,  laws  of  this  state  concerning  primaries  and  elections  shall 
also  in  like  case  be  an  offense  concerning  primary  elections  as  provided 
for  by  this  act,  and  shall  be  punished  in  the  same  manner  and  form  as 
therein  provided,  and  all  the  penalties  and  provisions  of  the  law  govern- 
ing elections,  except  as  herein  otherwise  provided,  shall  apply  in  ecpial 
force  to  primary  elections  as  provided  for  by  this  act. 

§  33.  Preparation  of  forms.  It  shall  be  the  duty  of  the  secretary  of 
state  and  the  attorney  general  to  prepare  on  or  before  September  1,  1917, 
all  forms  necessary  to  carry  out  the  provisions  of  this  act,  which  forms 
shall  be  substantially  followed  in  all  primary  elections  held  in  pursu- 
ance hereof.     [Amendment  approved  May  29,  1917;  Stats.  1917,  p.  1366.] 

§  34.     Title  of  act.     This  act  shall  be  known  as  the  direct  primary  law. 

§  35.  Constitutionality  of  act.  If  any  section,  subdivision,  sentence, 
clause,  or  phrase  of  tliis  act  is  for  any  reason  held  to  be  unconstitutional, 
such  decision  shall  not  affect  the  validity  of  the  remaining  portions  of 
this  act.  The  legislature  hereby  declares  that  it  would  have  passed  this 
act,  and  each  section,  subdivision,  sentence,  clause,  and  phrase  thereof, 
irrespective  of  the  fact  that  any  one  or  more  other  sections,  subdivi- 
sions, sentences,   clauses,  or  phrases  bo  declared   unconstitutional. 

§36.  Repeal.  The  act  a]iproved  April  7,  1911,  known  as  the  direct 
primary  law,  and  also  tlic  act  approved  December  24,  1911,  amending 
sections  1,  3,  5,  7,  lU,  12,  13,  22,  23,  and  24  of  the  said  direct  primary 
law,  are  licreby  repealed;  and  all  other  acts  or  parts  of  acts,  inconsistent 
with  or  in  aiwiWi-i  wllh  11h>  ]ivovisions  of  tliis  act,  are  also  hereby 
ri'pciili'd. 

ACT  lOlOa. 

An    act    mailing    an    appropriation    to    pay    the    expenses    of    electors    of 
President    and    Vice-President    of    the    Tnited    States    of    America. 


699  ELECTRICITY.  Act  1023,  §  1 

[Approved  January  18,  1917.     Stats.   1917,  p.   1.     In   effect  immedi- 
ately.] 
The  act  appropriated  $900  for  the  j)urpose  indicated. 

TITLE  163. 
ELECTEICITY. 
ACT  1025. 

An  act  to  regulate  the  construction  and  maintenance  of  subways,  man- 
holes, and  underground  rooms,  chambers,  and  excavations,  used  to 
contain,  encase,  cover,  or  conduct  wires,  cables,  or  appliances  to  eon- 
duct,  carry,  or  handle  electricity,  and  providing  the  punishment  for 
the  violation  thereof. 

[Approved  April  22,  19]1.     Stats.  1911,  p.  1042.] 
Amended   1917,  p.  801. 
The  amendment  of  1917  follows: 

§  1.  Eegulation  of.  No  commission;  officer,  agent,  or  employee  of  the 
state  of  California  or  of  any  city  and  county  or  city  or  county  or 
other  political  subdivision  thereof,  and  no  other  person,  firm  or  cor- 
poration, shall  build  or  rebuild  or  cause  to  be  built  or  rebuilt  within  the 
state  of  California: 

(a)  Dimensions  •  of  electric  wire  subways.  Any  subway,  manhole, 
chamber,  or  underground  room  used  or  to  be  used  to  contain,  encase, 
cover  or  conduct  any  wire,  cable,  or  appliance,  to  conduct,  carry  or 
handle  electricity,  unless  such  subway,  manhole,  chamber  or  underground 
room  shall  have  an  inside  measurement  of  not  less  than  four  feet  at 
the  maximum  points  between  the  side  walls  thereof,  and  between  the 
end  walls  thereof,  and  not  less  than  five  feet  at  all  points  between  the 
floor  thereof,  andi  the  top  or  ceiling  thereof,  or  if  circular  in  shape,  at 
least  four  feet  diameter  inside  measurement,  and  not  less  than  five  feet 
at  all  points  between  the  floor  and  ceiling  thereof;  provided,  however, 
that  this  paragraph  shall  not  be  held  to  apply  to  any  such  subway,  man- 
hole, chamber  or  underground  room,  within  which  it  is  not  intended  or 
required  that  any  human  being  perform  work  or  labor  or  be  employed; 
further  provided,  that  the  provisions  of  this  paragraph  (a)  shall  not  be 
held  to  apply  where  satisfactory  proof  shall  be  submitted  to  the  rail- 
road commission  of  the  state  of  California,  that  it  is  impracticable  or 
physically  impossible  to  comply  with  this  law  within  the  space  or  loca- 
tion so   designated  by  the  proper   municipal   authorities. 

(b)  Opening  to  outer  air.  In  any  subway,  manhole,  chamber  or 
underground  room  used  or  to  be  used  to  contain,  encase,  cover  or  con- 
duct any  wire,  cable  or  appliance  to  conduct,  carry  or  handle  electricity, 
any  opening  to  outer  air  which  is  less  than  twenty-six  inches  if  circular 
in  shape,  or  less  than  twenty-four  inches  by  twenty-six  inches  clear 
measurement  if  rectangular  in  shape. 

(c)  Openings  to  be  not  less  than  three  feet  from  street-car  track.  In 
an}^  subway,  manhole,  chamber  or  underground  room,  used  or  to  be 
used  to  contain,  encase,  cover  or  conduct  any  wire,  cable  or  appliance 
to  conduct,  carry  or  handle  electricity,  any  opening^  which  is  at  the 
surface  of  the   ground,  within  the   distance   of   three   feet  at   any   point 


Act  1025,  §§  2,  5  GENERAL   LAWS.  700 

from  the  rail  of  any  railway  or  street-car  track;  provided,  that  the  pro- 
visions of  this  paragrajjh  (c)  shall  not  be  held  to  apply  where  satis- 
factory proof  shall  be  submitted  to  the  railroad  commission  of  the  state 
of  California,  that  it  is  impracticable  or  physically  impossible  to  comply 
with  this  law  in  the  space  or  location  so  designated  by  the  proper  muni- 
cipal authorities. 

(d)  Floor  of  subway  to  be  of  concrete,  etc.  Any  subway,  manhole, 
chamber  or  underground  room,  used  or  to  be  used  to  contain,  encase, 
cover  or  conduct  any  wire,  cable,  or  appliance  to  conduct,  carry,  or 
handle  electricity,  unless  the  floor  of  such  subway,  manhole,  chamber  or 
underground  room  is  made  of  stone,  concrete  brick  or  other  similar  mate- 
rial not  subject  to  decomposition;  provided,  that  this  paragraph  (d)  shall 
not  be  held  to  apply  to  any  such  subway,  manhole,  chamber  or  under- 
ground room  within  which  it  is  not  intended  or  required  that  any  human 
being  perform  work  or  labor  or  be  employed. 

(e)  Subways  to  be  kept  free  from  seepage.  Or  maintain  any  subway, 
manhole,  chamber  or  underground  room  used,  or  to  be  used,  to  contain, 
encase,  cover  or  conduct  any  wire,  cable  or  appliance  to  conduct,  carry 
or  handle  electricity,  unless  such  subway,  manhole,  chamber  or  under- 
ground room  is  kept  at  all  times  in  a  sanitary  condition,  and  free  from 
stagnant  water,  or  seepage,  or  other  drainage,  or  any  offensive  matter 
dangerous  to  health,  either  by  sew-er  connection  or  otherwise;  provided, 
that  this  paragraph  (e)  shall  not  be  held  to  apply  to  any  such  subway, 
manhole,  chamber  or  underground  room,  within  which  it  is  not  intended 
or  required  that  any  human  being  perform  work  or  labor,  or  be  employed. 
[Amendment  approved  May  22,  1917;  Stats.  1917,  p.  801.] 

§  2.  Penalty  for  violation.  Any  violation  of  any  provision  of  this 
act  shall  be  deemed  a  misdemeanor,  and  shall  be  punishable  upon  convic- 
tion by  a  fine  not  exceeding  five  hundred  dollars,  or  by  imprisonment  in 
a  county  jail  not  exceeding  six  months,  or  by  both  such  fine  and  im- 
prisonment.     [Amendment  approved  May  22,  1917;   Stats.  1917,  p.  802.] 

§  5.  Power  of  railroad  commission.  The  railroad  commission  of  the 
state  of  California  is  hereby  vested  with  authority  and  power  to  inspect 
all  work  which  is  included  in  the  provisions  of  this  act,  and  to  make 
such  further  additions  or  changes  as  said  commission  may  deem  neces- 
sary for  the  purpose  of  safety  to  employees  and  the  general  public,  and 
the  said  railroad  commission  is  hereby  charged  with  the  duty  of  seeing 
that  all  the  ])rovisions  of  this  act  are  properly  enforced.  [New  section 
a.lded   May  22,  1917;   Stats.    1917.   p.   802.] 

TITLE  16i. 

HI.KVATORS. 
ACT   1025b. 

An  act  to  jiroviiic;  for  tlic  periodical  iiis[)ection  of  elevators  operated  in 
jilaces  of  employment  in  this  state;  to  require  a  permit  for  such 
oj)era1ion;  lo  iimke  it  si  misdemeanor  to  operate  such  elevator  with- 
out such  permit;  iind  lo  provide  for  an  injunction  against  such  opera- 
tion if  dangerous  lo  the  life  or  safety  of  employees;  to  vest  in  the 
industrial  accident  commission  the  power  to  make  such  inspections 


701  ELEVxVTORS.  Act  1025b,  §  §  1-3 

aud  determine  the  competency  of  inspectors  and  require  reports  of 
inspections  and  to  issue  such  permits  and  prescribe  maximum  fees 
therefor. 

[Approved  April  G,  1917.     Stats.  1917,  p.  84.    In  (^ffoct  July  27,  1917.] 

§  1.  Permit  to  operate  elevator.  Injunction  to  restrain  operation 
without  permit.  No  power  elevator  or  hand-power  elevator,  unless  ex- 
empted in  the  following  section,  shall  be  operated  in  any  place  of  em- 
ployment in  this  state  unless  a  permit,  as  hereinafter  provided,  for  the 
operation  thereof,  shall  have  been  issued  by  the  industrial  accident  com- 
mission, and  unless  such  permit  shall  remain  in  full  force  and  effect. 
The  operation  of  such  elevator  by  any  person  owning  or  having  the 
custody,  management  or  operation  of  such  elevator  without  such  permit 
shall  constitute  a  misdemeanor,  and  each  day  of  operation  of  such  eleva- 
tor without  such  permit  shall  constitute  a  separate  offense;  provided, 
that  no  prosecution  shall  be  maintained  where  the  issuance  or  renewal 
of  such  permit  shall  have'  been  requested  and  shall  remain  unacted  upon. 
Whenever  any  elevator  in  any  place  of  employment  is  being  operated 
without  the  permit  herein  required,  and  is  in  such  condition  that  its 
use  is  dangerous  to  the  life  or  ^af ety  of  any  employee,  the  industrial 
accident  commission,  a  commissioner  or  any  safety  inspector  thereof, 
or  any  person  affected  thereby  may  apply  to  the  superior  court  of  the 
county  in  which  such  elevator  is  located  for  an  injunction  restraining 
the  operation  of  such  elevator  until  such  condition  shall  be  corrected. 
Proof  by  certification  of  the  said  commission  that  such  permit  has  not 
been  issued,  together  with  the  affidavit  of  any  safety  inspector  of  the 
commission  that  the  operation  of  such  elevator  is  dangerous  to  the  life 
or  safety  of  any  employee,  shall  be  sufficient  ground  for  the  immediate 
granting  of  a  temporary  restraining  order. 

§  2.  Exemptions.  Elevators  umler  the  jurisdiction  of  the  United 
States  government,  and  all  elevators  operated  by  employers  not  subject 
to  the  safety  provisions  of  the  workmen's  compensation,  insurance  and 
safety  act  of  1917  and  acts  amendatory  thereof,  are  exempted  from  the 
provisions  of   this   act. 

§  3.  Inspection  of  elevators.  Order  for  repairs.  Temporary  permit  to 
operate.  The  industrial  accident  commission  shall  cause  power  elevators 
to  be  inspected,  not  less  frequently  than  twice  each  year  and  hand-power 
elevators  not  less  frequently  than  once  each  year.  If  such  elevators  shall 
be  found  upon  such  inspection  to  be  in  a  safe  condition  for  operation,  a 
permit  shall  be  issued  by  said  commission  for  their  operation  for  not 
longer  than  six  months  for  a  power  elevator  or  longer  than  one  year  for  a 
hand-power  elevator,  which  shall  be  the  permit  referred  to  in  section  one. 
Tf  such  inspection  shall  show  such  elevator  to  be  in  an  unsafe  condition, 
the  commission,  or  a  commissioner,  may  issue  a  preliminary  order  requir- 
ing such  repairs  or  alterations  to  be  made  to  such  elevator  as  may  be 
necessary  to  render  it  safe,  and  may  order  the  use  of  such  elevator  dis- 
continued until  such  repairs  or  alterations  are  made  or  such  unsafe  condi- 
tions are  removed.  Unless  such  preliminary  order  be  complied  with,  a 
hearing  before  the  commission,  a  commissioner  or  referee  of  such  com- 
mission shall  be  allowed,  upon  request,  at  which  the  owner,  operator  or 


Act  1025b,  §§  4-6  generx\.l  laws.  702 

other  person  in  charge  of  such  elevator  shall  have  opportunity  to  appear 
and  show  cause  why  he  should  not  comply  with  said  order.  If  it  shall 
thereafter  appear  to  the  commission  that  such  elevator  is  unsafe  and 
that  the  requirements  contained  in  said  preliminary  order  should  be 
complied  with,  or  that  other  things  should  be  done  to  make  such  elevator 
safe,  the  commission  may  order  or  confirm  the  withholding  of  the  permit 
to  operate  such  elevator  and  may  make  such  requirements  as  it  deems 
proper  for  its  repair  or  alteration  or  for  the  correction  of  such  unsafe 
condition.  Such  order  may  thereafter  be  reheard  by  the  commission  or 
reviewed  by  the  courts  in  the  manner  specified  by  the  workmen's  com- 
pensation, insurance  and  safety  act  of  1917  for  safety  orders,  and  not 
otherwise.  If  the  operation  of  such  elevator  during  the  making  of  re- 
pairs or  alterations  is  not  immediately  dangerous  to  the  safety  of  em- 
ployees, the  commission  may,  in  its  discretion,  issue  a  temporary  permit 
for  the  operation  of  such  elevator  for  not  to  exceed  thirty  days  during 
the  making  of  such  repairs  or  alterations.  Nothing  contained  in  this 
act  shall  be  construed  as  a  limitation  upon  the  authority  of  the  com- 
mission  to  prescribe   or  enforce   general  or  special  safety   orders. 

§  4.  Inspectors.  Certificate  of  competency.  The  commission  may,  in 
its  discretion,  cause  the  inspection  herein  provided  for  to  be  made  either . 
by  its  safety  inspectors  or  by  any  qualified  elevator  inspector  employed 
by  an  insurance  company,  or  may  issue  its  permit,  based  upon  a  cer- 
tificate of  inspection  issued  by  qualified  elevator  inspectors  of  any  muni- 
cipality, upon  proof  to  its  satisfaction  that  the  safety  requirements  of 
such  municipality  are  equal  to  the  minimum  safety  requirements  for  ele- 
vators adopted  by  the  commission;  provided,  that  such  persons  making 
inspections  shall  first  secure  from  the  commission  a  certificate  of  com- 
petency to  make  such  in.-=!pections.  The  commission  is  hereby  vested 
with  full  power  and  authority  to  determine  the  competency  of  any 
applicant  for  such  certificate,  either  by  examination  or  by  other  satis- 
factory proof  of  qualifications.  The  commission  may  rescind  at  any 
time,  upon  good  cause  being  shown  therefor,  any  certificate  of  compe- 
tency issued  by  it  to  an  elevator  inspector,  or  may  at  any  time,  upon 
good  cause  being  shown  therefore,  and  after  notice  and  an  opportunity 
to  be  heard,  revoke  any  permit  to  operate  such  elevator.  Nothing  con- 
tained in  this  act  shall  be  construed  to  limit  the  authority  of  the  com- 
mission  to   prescribe   or  enforce   general  or  special   safety  orders. 

§5.  Fees  for  inspection.  Tlie  commission  may  fix  and  collect  such 
fees  fov  llic  inspection  of  elevators  as  it  may  deem  necessary,  not  to 
exceeil  two  dollars  for  each  inspection  or  four  dollars  per  year  for  each 
elevator.  Such  fees  must  be  paid  before  the  issuance  of  any  permit 
to  operate  such  elevator.  No  fee  shall  be  charged  by  the  commission 
where  an  inspection  1ms  been  made  by  an  inspector  of  any  insurance 
company  or  municipality,  if  such  inspector  holds  a  certificate  of  compe- 
tency from  said  commission.  All  fees  collected  \>y  the  coininissioii  under 
this  act  shall   ]>('  paid   into  the  accident  prevention    fumi. 

§6.  Report  of  Inspections.  Every  inspector  so  ciMtificd  shall  forward 
to  the  commission,  on  the  forms  provided  by  il,  within  twenty-one  days 
after  such  inspection  is  made,  a  rejioit  of  such  inspection,  in  default 
of    whicli    his    certifii-atc    of    competency    may    ho    canceled. 


703  EUREKA — EXPLOSIVES.     Acts  1083-1092,  §  3 

TITLE    174. 

EUKEKA. 
ACT   1083. 

Charter  of  Eureka.     [Stats.  1895,  p.  3.5(5. J 

Ameuded  1907,  p.  1172;  1911,  p.  2036;  1913,  p.  1544;   1917,  p.  1742. 

TITLE  175. 

EXPLOSIVES. 
ACT  1092. 

An  act  relating  to  explosives  and  presfril)ing  regulations  for  the  trans- 
poratiou,  storage  and  selling  of  explosives,  and  providing  penalties 
for  the  violation  of  this  act. 

[Became  a  law  under  constitutional  provision  without  governor's  ap- 
proval, March  21,   1911.     Stats.   1911,   p.   391.] 

Amended   1917,   p.   695. 

The   amendment   of   1917   follows: 

§  3.  Magazines.  Magazines  in  which  explosives  may  lawfully  be 
stored  or  kept   shall  be  two  classes,  as  follows: 

(a)  First  class.  Magazines  of  the  first  class  shall  consist  of  those 
containing  explosives  exceeding  one  hundred  pounds,  and  shall  be  con- 
structed wholly  of  brick,  wood  covered  with  iron,  or  other  fireproof 
material,  and  must  be  fireproof,  and,  except  magazines  where  gunpowder 
or  black  blasting  powder  only  is  stored  must  be  bullet  proof,  and  shall 
have  no  openings  except  for  ventilation  and  entrance.  The  doors  of 
such  magazine  must  be  fireproof  and  bullet  proof,  and  at  all  times  kept 
closed  and  locked,  except  when  necessarily  opened  for  the  purpose  of 
storing  or  removing  explosives  therein  or  therefrom,  by  persons  lawfully 
entitled  to,  enter  the  same.  Every  such  magazine  shall  have  sufficient 
openings  for  ventilation  thereof,  which  must  be  screened  in  such  manner 
as  to  prevent  the  entrance  of  sparks  or  fire  through  the  same.  Upon 
each  side  of  such  magazine  there  shall  at  all  times  be  kept  conspicuously 
posted  a  sign,  with  the  words,  "magazine,"  "explosives,"  "dangerous," 
legibly  printed  thereon  in  letters  not  less  than  six  inches  high.  No 
matches,  fire  or  lighting  device  of  any  kind  except  electric  light  shall 
at  any  time  be  permitted  in  any  such  magazine.  No  package  of  ex- 
plosives shall  at  any  time  be  opened  in  any  magazine.  No  blasting  caps, 
or  other  detonating  or  fulminating  caps,  or  detonators,  or  electric  fuzees, 
shall  be  kept  or  stored  in  any  magazine  in  which  explosives  arc  kept 
or  stored,  but  such  caps,  detonators  or  fuzees  may  be  kept  or  stored  in 
a  magazine  constructed  as  above  provided  which  must  be  located  at 
least  one  hundred  feet  from  any  magazine  in  which  explosives  are  kept 
or  stored.  Magazines  in  which  explosives  are  kept  or  stored  must  be 
detached  and  must  be  located  at  least  one  hundred  feet  from  any  other 
structure. 

(b)  Quantity  depends  on  distance.  On  and  after  January  1,  1919, 
the  quantity  of  explosives  that  may  be  lawfully  had,  kept  or  stored  in 
any  magazine  shall  depend  upon  the  distance  that  such  magazine  is 
situated  from  buildings,  highways,  or  railroads,  and  upon  the  protection 
afforded   by   natural   or   efficient   artificial  barricades   to   such   buildings, 


Act  1092,  §  3 


GENERAL    LAWS. 


704 


highways  or  railroads.  Whenever  any  of  tlie  quantities  given  in  column 
one  of  the  quantity  and  distance  table  hereinafter  set  forth  is  had,  kept 
or  stored  in  any  magazine  in  this  state,  the  distance  that  any  quantity 
given  in  column  one  of  said  table  may  be  lawfully  had,  kept  or  stored 
from  buildings  is  the  distance  set  opposite  said  quantity  in  column  two  of 
said  table,  and  the  distance  that  any  quantity  in  column  one  of  said 
table,  may  be  lawfully  had,  kept  or  stored  from  railroads  is  the  dis- 
tance set  opposite  said  quantity  in  column  three  of  said  table,  and  the 
distance  that  any  quantity  given  in  column  one  of  said  table  may  be 
lawfully  had,  kept  or  stored  from  highways  is  the  distance  set  opposite 
said  quantity  in  column  four  of  said  table.  The  quantity  and  distance 
table  governing  the  keeping  or  storing  of  explosives  is  as  follows: 

QUANTITY  AND  DISTANCE'  TABLE. 


Column  1. 

Column  3 

Column  3 

Column  4 

Quantity  th 

at  may  be  law 

'ully  kept  or 

stored  from 

nearest  building,  h 

gbway  or  railroad 

Distance 

Distance 

Distance 

Blasti 

ag  caps 

Other  explosives 

from 

from 

from 

nearest 
building, 

nearest 
railroad, 

nearest 

highway, 

Xumber 

Number 

Pounds 

Pounds 

feet 

feet 

feet 

over 

not  over 

over 

not  over 

1,000 

5,000 
10,000 
20,000 
25,000 

30 

60 

120 

145 

20 
40 
70 
90 

10 

5,000 

20 

10,000 

35 

20,000 

50 

45 

25,000 

50,000 

50 

100 

240 

140 

70 

50,000 

100,000 

100 

200 

360 

220 

110 

100,000 

150,000 

200 

300 

520 

310 

150 

150,000 

200,000 

300 

400 

640 

380 

190 

200,000 

250,000 

400 

500 

720 

430 

220 

250,000 

300,000 

500 

600 

800 

480 

240 

300,000 

350,000 

600 

700 

860 

520 

260 

350,000 

400,000 

700 

800 

920 

550 

280 

400,000 

450,000 

SOO 

900 

980 

590 

300 

450,000 

500,000 

900 

1,000 

1,020 

610 

310 

500,000 

750,000 

1,000 

1,500 

1,060 

640 

320 

750,000 

1,000,000 

1,500 

2,000 

1,200 

720 

860 

1,000.000 

1,500,000 

2,000 

3,000 

1,300 

780 

390 

1,500,000 

2,000,000 

3,000 

4,000 

1,420 

850 

420 

2,000,000 

2,500,000 

4.000 

5,000 

1 ,500 

900 

450 

5,000 

6,000 

1,560 

940 

470 

6,000 

7,000 

1,610 

970 

490 

7,000 

8,000 

1,660 

1,000 

500 

8,000 

9,000 

1,700 

1,020 

510 

9,000 

10,000 

1,740 

1,040 

520 

10,000 

20,000 

1,780 

1,070 

530 

20,000 

30,000 

2,no 

1,270 

630 

30,000 

40,000 

2,410 

1,450 

720 

40,000 

50,000 

2,680 

1,610 

800 

50,000 

60,000 

2,920 

1,750 

880 

60,000 

70,000 

3,130 

1,880 

940 

1        70,000 

80,000 

3,310 

1,990 

1,000 

80,000 

90,000 

3,460 

2,080 

1,040 

90,000 

100,000 

3,580 

2,150 

1,080 

100,000 

200,000 

3,800 

2,280 

1,140 

1     200,000 

300,000 

4,310 

2,590 

1,300 

705  EXPLOSIVES.  Act  1092,  §  3 

Whenever  the  building,  railroad  or  highway  to  be  protected  is  effectu- 
ally screened  from  the  magazine,  where  explosives  are  had,  kept  or 
stored,  either  by  natural  features  of  the  ground  or  by  an  efficient  arti- 
ficial barricade  of  such  height  that  any  straight  line  drawn  from  the 
top  or  any  side  wall  of  the  magazine  to  any  part  of  the  building  to  be 
protected,  will  pass  through  such  intervening  natural  or  efficient  artificial 
barricade,  and  any  straight  line  drawn  from  the  top  of  any  side  wall  of 
the  magazine  to  any  point  twelve  feet  above  the  center  of  the  railroad 
or  highway  to  be  protected  will  pass  through  such  intervening  natural 
or  efficient  artificial  barricade,  the  applicable  distances  given  in  column 
two,  three  and  four  of  the  quantity  and  distance  table  may  be  reduced 
one-half. 

If  at  any  time  the  distances  from  a  nmgazine  to  a  building,  highway 
or  railroad  be  decreased  through  the  construction  of  a  new  building, 
jiighway  or  railroad  or  by  any  other  means,  then  the  amounts  of  ex- 
plosives which  may  be  lawfully  had,  kept  or  stored  in  said  magazine 
must  be  reduced  to  correspond  with  the  quantity  and  distance  table. 

"Building."     "Highway."    "Eailroad."     "Efficient  artificial  barricade." 

The  term  "building"  when  used  in  the  foregoing  table  shall  be  held  to 
mean  and  include  only  any  building  regularly  occupied  in  whole  or  in 
part  as  a  habitation  for  human  beings,  and  any  store,  church,  school- 
house,  railway  station  or  other  public  place  of  assembly. 

The  term  "highway"  when  used  in  the  foregoing  table  shall  be  held 
to  mean  public  streets  or  public  road,  and  shall  not  include  roads  con- 
structed and  maintained  by  private  persons. 

The  term  "railroad"  which  used  in  the  foregoing  table  shall  be  held 
to  mean  and  include  any  steam,  electric  or  other  railroad  that  carries 
passengers  or  articles  of  commerce  for  hire. 

The  term  "efficient  artificial  barricade"  when  used  in  the  foregoing 
shall  be  held  to  mean  an  artificial  mound  or  properly  revetted  wall  of 
earth  of  a  thickness  of  not  less  than  three  «feet.  The  provisions  of  this 
subsection  (b)  shall  not  apply  to  mining  or  quarrying  operations.  Noth- 
ing contained  in  this  subsection  (b)  shall  be  held  to  prohibit  the  keep- 
ing or  storing  of  explosives  at  any  explosive  manufacturing  plant  which 
was  actually  used  in  manufacturing  explosives  prior  to  the  fifteenth  day 
of   Ai)ril,    nineteen    hundred    seventeen. 

(c)  Second  class.  Storage  in  tunnels.  Magazines  of  the  second  class 
shall  consist  of  a  stout  box,  and  not  more  than  one  hundred  pounds  of 
explosives  shall  at  any  time  be  kept  or  stored  therein,  and,  except  when 
necessarily  opened  for  use  by  authorized  persons,  shall  at  all  times  be 
kept  securely  locked.  Upon  each  such  magazine  there  shall  at  all  times 
be  kept  conspicuously  posted  a  sign  with  the  words,  "magazine,"  "explo- 
sives," "dangerous,"  legibly  printed  thereon. 

Nothing  in  this  section  contained  shall  be  held  to  prohibit  the  keep- 
ing or  storing  of  explosives  in  any  tunnel,  where  no  person  or  persons 
are  employed;,  provided,  always,  that  any  tunnel  so  used  for  the  storage 
of  explosives  shall  have  fireproof  doors,  which  must  at  all  times  be  kept 
closed  and  locked,  except  when  necessarily  opened  for  the  purpose  of 
storing  or  removing  explosives  therein  or  therefrom,  by  persons  lawfully 
entitled  to  enter  the  same.  The  door  of  such  tunnel  magazine  shall  at 
45 


Act  1093a,  §§  1, 2  general  laws.  706 

all  times  have  legibly  printed  thereon  the  words,  "magazine,"  "explo- 
sives," "dangerous."  [Amendment  approved  May  IS,  1917;  Stats.  1917, 
p.  695.] 

§11.  Explosives  in  mines.  [Eepealcd  May  IS,  1917;  Stats.  1917, 
p.  698.] 

TITLE   176. 
EXPOSITIONS. 
ACT  1093a. 

An  act  giving  and  granting  to  the  board  of  park  commissioners  of  the 
city  of  San  Diego  the  right  to  use  and  the  right  to  authorize  the 
use  of  Balboa  Park  in  said  city  for  exposition  purposes. 

[Approved  March  24,  1911.     Stats.  1911,  p.  478.] 
Amended  1916,  Stats.  1916   (Extra  Session),  p.  43;   1917,  Stats.  1917, 
p.  1. 
The   amendment   of   1917   follows: 

§  1.  Use  of  San  Diego  park  for  exposition.  The  board  of  park  com- 
missioners of  the  city  of  San  Diego,  California,  is  hereby  authorized 
and  empowered  to  use,  or  authorize  any  exposition  company  to  use,  any 
part  or  portion  of  the  lands  set  aside  as  a  public  park  by  resolution  of 
the  board  of  trustees  of  the  city  of  San  Diego  and  approved  and  ratified 
by  an  act  of  the  legislature  of  the  state  of  California,  approved  Feb- 
ruarj''  4,  1870,  for  the  purpose  of  giving  an  exposition  in  the  year  1917 
to  celebrate  the  completion  of  the  Panama  canal.  [Amendment  ap- 
proved January  19,  1917;  Stats.  1917,  p.  1.  Section  1  was  also  amended 
at  the  Extra  Session  of  1916;  Stats.  1916  (Extra  Session),  p.  43.] 

§  2.  Emergency  measure.  This  act  is  hereby  declared  to  be  an 
emergency  measure  within  the  meaning  of  section  one,  article  four,  of 
the  constitution  of  the  state  of  California,  and  shall  take  effect 
immediately. 

The  facts  constituting  such  emergency  are  as  follows:  The  directors 
of  the  Panama-California  International  Exposition  and  the  members  of 
the  board  of  park  commissioners  of  the  city  of  San  Diego  are  desirous 
of  continuing  the  Panama-California  International  Exposition,  situated 
in  the  city  park  of  San  Diego,  for  a  further  period  of  time,  not  to  exceed 
one  year.  A  large  amount  of  money  has  been  expended  in  the  permanent 
improvement  of  the  exposition  site  in  the  park,  and  many  of  the  build- 
ings contain  exhibits  that  cannot  be  removed  for  some  time.  Therefore, 
it  is  necessary  for  legislative  action  immediately,  in  order  to  authorize 
the  maintenance  of  such  an  exposition  for  the  further  period  of  time — 
the  authorization  of  the  state  of  California  for  the  maintenance  of  said 
exposition  having  expired  on  the  first  day  of  .Tanuary,  1917. 


707  FEES.  Act  1119,  §  28 

TITLE   181. 

FEES. 

ACT   1119. 

To  regulate  I'oes  aud  salaries  of  certain  officers. 
[Stats.    1869-70,    p.    148.] 

Amended  1869-70,  pp.  677,  680;  1871-72,  pp.  140,  178,  188,  219,  910; 
1873-74,  pp.  102,  204,  212,  885;  1877-78,  pp.  134,  738;  1917,  p.  788. 
The  amondnient  of  1917  follows: 

§28.  Fees  of  grand  and  trial  jurors.  Grand  and  trial  jurors  shall 
receive  the  fees  as  established  by  law.  No  juror  who  shall  be  excused 
from  attendance  upon  his  own  motion,  on  the  first  day  of  his  appearance, 
in  obedience  to  the  venire,  shall  receive  per  diem,  but  mileage  only 
In  civil  actions  tried  by  a  jury  the  party  or  parties  to  the  action  who 
shall  announce  that  a  trial  by  jury  is  recjuired  shall  pay  the  trial  jury 
their  per  diem  fees  as  jurors  but  shall  recover  the  fees  so  paid,  except 
in  actions  to  recover  the  possession  of  personal  property  where  the  value 
of  the  property  recovered  amounts  to  less  than  three  hundred  dollars  and 
in  actions  for  the  recovery  of  money  or  damages  where  the  recovery  is 
less  than  three  hundred  dollars,  as  costs  from  the  party  or  parties  against 
whom  the  verdict  is  rendered.  For  that  purpose  the  party  or  parties  to 
the  action  who  shall  announce  that  a  trial  by  jury  is  required  shall  be 
required  during  the  trial  to  deposit  daily  with  the  clerk  of  the  court,  at 
or  befoje  the  time  the  case  each  day  is  called  for  trial,  the  amount  of 
money  necessary  to  pay  in  full  the  trial  jury  fees,  for  such  day.  Out  of 
the  total  sum  of  money  so  deposited  the  clerk  shall  pay  daily  to  each 
trial  juror  the  fees  to  which  he  shall  be  entitled  as  provided  by  law. 
Clerks  of  courts  of  record  shall  keep  an  account  of  all  moneys  received 
for  trials  by  each  juror  during  the  term,  and  if  the  sum  so  received  by 
such  juror  shall  not  amount  to  the  jury  fees  provided  by  law  per  day,  he 
shall  deliver  to  such  juror  a  certificate  of  the  time  for  which  he  is  en- 
titled to  receive  pay,  which  shall  be  paid  out  of  the  county  treasury  as 
other  county  dues.  If  in  any  trial  in  a  civil  case  the  jury  be  for  any 
cause  discharged  without  finding  a  verdict,  the  fees  of  the  jury  shall  be 
paid  by  the  party  who  shall  have  announced  that  a  trial  by  jury  is  re- 
quired, but  may  be  recovered  as  costs  if  he  afterwards  obtain  judgment; 
and  until  they  are  paid  no  further  proceedings  shall  be  allowed  in  the 
action.  On  the  first  day  of  .each  regular  meeting  of  the  board  of  super- 
^■isors  the  clerks  of  courts  of  record  shall  file  with  the  clerk  of  the  board 
of  supervisors  of  their  respective  counties  a  detailed  statement,  contain- 
ing a  list  of  the  jurors,  and  the  amount  of  fees  earned  by  each  juror  and 
paid  out  of  the  county  treasury.  No  allowances  shall  be  made  to  any 
clerk  for  any  service  performed  by  him,  until  the  statement  required  by 
this  section  shall  have  been  filed  as  aforesaid. 

The  amendatory  act  of  1917  contained  the  following  provision: 

§  2.  All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby 
repealed.     [Amendment  approved  May  21,  1917;  Stats.  1917,  p.  788.] 


Acts  1129-1172  GENERAL   LAWS.  708 

TITLE   182. 

FELTON. 
ACT  1129. 
An  act  to  incorporate  the  town  of  Feltou  in  the  county  of  Santa  Cruz, 

state    of    California.     [Approved    March    8,    1878.     Stats.    1877-78, 

p.  185.] 

Eepealed  by  act  approved  April  20,   1917;   Stats.  1917,  p.   151. 

TITLE  188. 

FIRE. 
ACT  1171. 

An  act  to  provide  for  the  fighting  of  forest  fires  in  the  San  Dimas  canyon 
in  the  San  Gabriel  mountains,  California,  and  to  make  an  appropria- 
tion therefor.  • 

[Approved  May  14,  1917.     Stats.  1917,  p.  476.     In  effect  July  27,  1917.] 

§  1.  Appropriation:  prevention  of  forest  fires  in  San  Dimas  canyon. 
Out  of  any  money  in  the  state  treasury  not  otherwise  appropriated,  there 
is  hereby  appropriated  annually  the  sum  of  eight  hundred  dollars,  during 
the  sixtj'-ninth  and  seventieth  fiscal  years,  which  money  shall  be  used 
and  expended  for  the  purpose  of  preventing  and  extinguishing  forest 
fires  and  the  constructing  and  maintaining  of  fire  trails  and  firebreaks 
in  the  San  Dimas  canyon  in  the  San  Gabriel  mountains,  California,  and 
the  canyons  adjacent  thereto. 

§  2.  Contract  with  San  Dimas  Fruit  Exchange.  The  state  board  of 
control  is  hereby  authorized  and  empowered  to  enter  into  a  contract  or 
contracts  with  the  San  Dimas  Fruit  Exchange,  a  corporation  organized 
and  existing  under  and  by  virtue  of  the  laws  of  the  state  of  California, 
for  the  purpose  of  protecting  said  San  Dimas  canyon  from  devastation 
by  fire;  provided,  however,  that  the  expenditures  for  such  purposes  shall 
not  be  in  excess  of  the  amount  or  amounts  expended  by  the  said  San 
Dimas  Fruit  Exchange;  and  provided,  further,  that  in  the  event  that  the 
said  San  Dimas  Fruit  Exchange,  the  San  Antonio  Water  Company  and 
the  county  of  Los  Angeles  do  not  contribute  an  amount  equal  to  the 
appropriation  hereby  made  for  the  purposes  hereinbefore  specified,  the 
state  Ijoard  of  control  shall  not  have  power  to  enter  into  such  contract 
or  contracts  with  the  sni.l  S;ni  Ditiins  Fruit  Exchange  for  the  expenditure 
of  the  said  mone}'. 

ACT  1172. 

An  act  to  jirovide  for  the  prevention  of  forest  fires  in  the  San  Antonio 
canyon  in  the  San  Gabriel  mountains,  California,  and  to  make  an 
appropriation  therefor.  [Ajiproved  May  11,  1917,  Stats.  1917, 
p.  52(5.     In  effect  .July  27,  1917.] 


709  FIRE  DEPARTMENT — -FIRE  DISTRICTS.      Acts  1173-1185,  §  1 

TITLE  189. 
FIRE  DEPARTMENT. 

ACT  1173. 

All  act  to  create  a  firemen's  relief,  health,  and  life  insurance  and  pen- 
sion fund  in  the  several  counties,  cities  and  counties,  cities,  and 
towns  of  the  state. 

[Approved  March  20,  1905.   Stats.  1905,  p.  412.] 
Amended  1913,  p.  690j  1917,  p.  119. 
The  amendment  of  1917  follows: 

§  12.  Moneys  to  be  paid  into  firemen's  pension  fund.  The  board  of 
supervisors,  or  other  governing  authority,  of  any  county,  city  and  county, 
city  or  town,  shall,  for  the  purposes  of  said  "firemen's  relief  and  pension 
fund,"  hereinbefore  mentioned,  direct  the  payment  annually,  and  when 
the  tax  levy  is  made,  into  said  fund,  of  the  following  moneys: 

First — All  rewards  given  or  paid  to  members  of  such  firemen's  force. 

Second — All  fines  imposed  upon  members  of  such  fire  department  in 
keeping  with  rules  and  regulations  of  the  department. 

Third — An  amount  equal  to  two  per  cent  of  the  salaries  paid  to  the 
firemen  of  such  county,  city  and  county,  city  or. town  during  the  pre- 
ceding year,  payable  from  the  funds  of  such  municipal  corporation. 

Fourth — One-half  of  all  fines  imposed  and  collected  for  violation  of 
laws  pertaining  to  precaution  against  fire.  [Amendment  approved  April 
14,  1917;  Stats.  1917,  p.  119.] 

TITLE  190. 

FIRE  DISTRICTS. 

ACT  1185. 

An  act  to  provide  for  the  formation,  government,  operation  and  dissolu- 
tion of  Tamalpais  forest  fire  district,  to  prevent  and  extinguish  for- 
est, brush  and  grass  fires  therein,  and  protect  persons  and  property 
from  injury,  loss  or  damage  resulting  from  any  such  fires;  and  to 
provide  for  the  assesment,  levy,  collection  and  disbursement  of  taxes 
and  revenues  therein,  and  the  contribution  or  payment  of  public 
funds  therefor. 

[Approved  May  21,  1917.     Stats.  1917,  p.  774.     In  effect  July  27,  1917.] 

§  1.  "Tamalpais  forest  fire  district"  organized.  There  is  hereby  organ- 
ized, created,  established  and  incorporated  a  forest  fire  district  within  the 
county  of  Marin,  to  be  known  as  "Tamalpais  forest  fire  district,"  the 
boundaries  of  which  are  hereby  established,  described  and  determined  as 
follows,  to  wit:  Commencing  at  the  point  where  the  electric  pole  line  of 
the  Pacific  Gas  and  Electric  Company  running  from  the  Alto  power-house 
to  Bolinas  first  joins  the  state  highway  between  the  town  of  Mill  Valley 
and  Alto;  running  thence  along  the  line  of  said  pole  line,  southerly,  south- 
westerly, and  westerly  across  the  Rancho  Saucelito  and  the  Rancho  Las 
Paulinas  until  the  said  pole  line  crosses  the  county  road  along  the 
easterly  side  of  Bolinas  inner  bay  or  lagoon;  running  thence  north- 
westerly along  said  county  road  to  its  intersection  with  the  lower  county 
road  leading  from  Bolinas  to  Olema;  running  thence  northw-esterly  along 


Act  1185,  §§  2,  3  GEXEEAL  LxVWS.  710 

said  Bolinas  and  Olema  county  road  to  its  intersection  witli  the  Tocaloma 
road  at  tlie  village  of  Olema;  running  thence  easterly  along  said  county 
road  leading  to  Tocaloma  to  its  intersection  with  the  county  road  run- 
ning along  the  easterly  bank  of  Paper  Mill  creek;  running  thence  north- 
erly and  easterly  along  said  county  road  running  along  the  easterly 
bank  of  Paper  Mill  creek  to  the  mouth  of  Nicasio  creek;  running  thence 
up  the  county  road  running  up  Nicasio  creek,  in  an  easterly  and  southerly 
direction,  through  the  village  of  Nicasio  to  the  intersection  of  the 
Nicasio  and  San  Geronimo  county  road  with  the  Lucas  Valley  county 
road;  thence  easterly  along  said  Lucas  Valley  county  road  to  its  inter- 
section with  the  state  highway  at  Las  Gallinas;  thence  southerly  along 
the  state  highway  as  at  present  laid  out  to  tiie  northerly  corporate  limits 
of  the  city  of  San  Eafael;  thence  westerly  along  said  northerly  corporate 
limits  of  said  city  of  San  Rafael  to  the  easterly  corporate  limits  of  the 
town  of  San  Anselmo;  thence  southerly  along  the  easterly  corporate 
limits  of  the  town  of  San  Anselmo  to  the  easterly  corporate  limits  of  the 
town  of  Eoss;  thence  southerly  along  the  easterly  corporate  limits  of  the 
town  of  Ross  and  westerly  along  the  southerly  corporate  limits  of  the 
town  of  Eoss  to  the  intersection  thereof  with  the  state  highway;  thence 
southerly  along  the  state  highway  to  the  northwesterly  corporate  limits 
of  the  town  of  Larkspur;  thence  northerly,  easterly  and  southerly,  along 
the  corporate  limits  of  the  town  of  Larkspur  to  their  intersection  with 
the  northerly  corporate  limits  of  the  town  of  Corte  Madera;  thence 
easterly,  southerly  and  westerly  along  the  corporate  limits  of  the  town 
of  Corte  Madera  to  their  intersection  with  the  state  highway;  and  thence 
southerly  along  tTie  state  highway  to  the  point  of  beginning. 

§2.  Appointment  of  board  of  trustees.  Term.  Within  thirty  days 
after  this  act  shall  go  into  effect,  a  governing  board  of  trustees  for  said 
district  sliall  be  appointed.  Said  board  shall  consist  of  one  trustee  to  be 
appointed  from  said  district  at  large  by  the  board  of  supervisors  of  said 
county  of  Marin,  and  of  one  trustee  to  be  appointed  from  each  municipal- 
ity lying  wholly  or  partially  within  said  district  by  the  governing  board 
of  such  municipality.  The  governing  board  of  such  district  shall  be 
called  "the  board  of  trustees  of  Tanialpais  forest  fire  district."  Each 
trustee  appointed  by  a  municipal  board  shall  be  an  elector  of  the  munici- 
pality from  which  he  is  appointed,  and  each  appointee  of  the  board  of 
supervisors  shall  be  an  elector  of  the  district.  All  such  trustees  shall 
hold  office  for  the  term  of  two  years  from  and  after  the  second  day  of 
the  calendar  year  succeeding  their  appointment;  provided,  however,  that 
the  first  board  of  trustees  appointed  under  the  provisions  of  this  act 
shall,  at  their  first  meeting,  so  classify  themselves  by  lot  that  one-half 
of  their  number,  if  the  total  membership  is  an  even  number,  and  if  un- 
even then  that  a  majority  of  their  number,  shall  go  out  of  office  at  the 
expiration  of  one  year  and  the  remainder  at  the  expiration  of  two  years, 
from   Ihe  second  day  of  the  calendar  year  succeeding  their  appointment. 

§  3.  Officers.  Expenses.  Meetings.  The  members  of  the  board  of 
trustees  shall  meet  on  the  first  Monday  sul)sequeiit  to  tliirty  days  after 
this  act  shall  go  into  effect  and  siiaJl  organize  by  the  election  of  one  of 
their  members  as  president  and  one  thereof  as  secretary.     The  members 


711  FIRE  DISTRICTS.  Act  1185,  §§  4, 5 

of  the  board  shall  serve  without  compensation  provided  that  the  neces- 
sary expenses  of  each  member  for  actual  traveling  expenses  on  meetings 
or  business  connected  with  said  board  shall  be  allowed  and  paid.  In 
event  of  the  resignation,  death  or  disability  of  any  member,  his  succes- 
sor shall  be  appointed  by  the  board  of  supervisors,  if  such  board  origi- 
nally made  such  appointment,  or  by  the  governing  board  of  the  appro- 
priate municipality,  if  such  appointment  were  originally  made  by  the 
board  of  a  municipality.  The  board  of  trustees  shall  provide  for  the 
time  and  place  of  holding  its  regular  meetings,  and  the  manner  of  calling 
the  same,  and  shall  establish  rules  for  its  proceedings.  Special  meetings 
may  be  called  by  three  trustees  and  notice  of  the  holding  thereof  shall 
be  given  to  each  member  at  least  three  hours  before  the  meeting.  All 
sessions,  whether  regular  or  special,  shall  be  open  to  the  public  and  a 
majority  of  the  members  of  the  board  shall  t-onstitute  a  quorum  for  the 
transaction  of  business. 

§  4.  Powers  of  board  of  trustees.  The  board  of  trustees  of  such  dis- 
trict shall  have  power  to  take  all  necessary  or  proper  steps  for  the  pre- 
vention or  extinguishing  of  forest,  brush  or  grass  fires  within  the  dis- 
trict, and  for  the  protection  of  persons  or  ])roperty  from  any  injury,  loss 
or  damage  resulting  from  any  such  fire  or  fires;  to  purchase  such  supplies 
and  materials  and  to  employ  such  labor  or  skilled  services  as  niay  be 
necessary  or  proper  in  furtherance  of  the  objects  of  this  act,  and  if  neces- 
sary or  proper  in  the  furtherance  of  the  same  to  build,  construct  and 
thereafter  to  keep  clear  and  maintain  necessary  fire  roads  or  fire  trails, 
hydrants  or  other  fire-fighting  apparatus  upon  the  lands  within  the  district 
or  adjacent  thereto,  and  to  acquire  by  purchase,  condemnation,  license 
or  other  lawful  means,  in  the  name  of  the  district,  all  necessary  lands, 
rights  of  way,  easements  or  property  or  material  requisite  or  necessary 
for  any  of  such  purposes;  to  make  contracts,  to  indemnify  or  compensate 
any  owner  of  land  or  other  property  for  any  injury  or''  damage  neces- 
sarily caused  by  the  exercise  of  the  powers  by  this  act  conferred,  or 
arising  out  of  the  use,  taking  or  damage  of  such  property  for  any  such 
purposes,  and  generally  to  do  any  and  all  things  necessary  or  incident  to 
the  powers  hereby  granted  and  to  carry  out  the  objects  specified  herein. 

§  5.  Estimate  of  money  needed.  "Tamalpais  forest  fire  district  tax." 
Levy  and  collection.  The  buaid  of  trustees  of  said  district  shall  at  least 
fifteen  days  before  the  first  day  of  the  month  in  which  the  board  of 
supervisors  of  Marin  county  is  required  by  law  to  levy  the  amount  of 
taxes  required  for  county  purposes,  furnish  to  said  board  of  supervisors 
and  to  the  county  auditor  of  said  county,  respectively,  an  estimate  in 
writing  of  the  amount  of  money  necessary  for  all  purposes  required  under 
the  provisions  of  this  act  during  the  next  ensuing  fiscal  year.  The  board 
of  supervisors  of  such  county  shall  thereafter  at  the  time  and  in  the  man- 
ner of  levying  other  county  taxes  levy  upon  all  of  the  taxable  property 
within  the  district  and  cause  to  be  collected  a  tax,  to  be  known  as  the 
"Tamalpais  forest  fire  district  tax,"  the  maximum  rate  of  which  must  not 
be  greater  than  sufficient  to  raise  the  amount  estimated  to  be  raised  by 
the  said  board  of  trustees  of  the  district,  nor  in  any  event  shall  such  tax 
exceed  ten  cents  on  eaeli  one  hundred  dollars  of  taxable  property  in  such 
district. 


Act  1185,  §§  6,  7  GENERAL   LAWS.  712 

All  taxes  levied  under  the  provisions  of  this  section  shall  be  computed 
and  entered  on  the  county  assessment-roll  of  said  county  by  the  county 
auditor  thereof,  and  collected  at  the  same  time  and  in  the  same  manner 
as  state  and  county  taxes,  and  when  collected  shall  be  paid  into  the 
county  treasury  of  said  county  for  the  use  of  said  district. 

The  funds  shall  be  withdrawn  from  said  county  treasury  upon  the  war- 
rant of  the  board  of  trustees  of  such  district  signed  by  the  president  or 
acting  president  of  the  board,  and  countersigned  by  its  secretary. 

§  6.  Proposal  of  amoiuit  to  be  paid  toward  expenses  by  state,  etc. 
Governing  board  authorized  to  make  proposal.  The  board  of  trustees 
(if  such  forest  fire  district  prior  to  its  estimate  of  tlic  amount  of  money 
necessary  for  a'll  purposes  of  the  district  for  the  ensuing  fiscal  year,  as 
hereinabove  provided,  may  request  from  the  governing  board  or  body 
having  jurisdiction  and  control  over  any  forest,  brush  or  grass  lands 
within  such  district  owned  or  held  for  any  purpose  whatsoever  by  the 
state  of  California,  or  any  county,  city,  township,  municipal  corporation, 
public  corporation,  or  other  political  corporation  or  subdivision  of  the 
state,  a  proposal  or  promise  as  to  what  amount,  if  any,  the  state  of 
California,  or  any  county,  city,  township,  municipal  corporation,  public 
corporation  or  other  political  corporation  or  subdivision  of  the  state 
owning  or  holding  such  lands,  will  agree  to  pay  to  such  district  towards 
its  necessary  expenses  for  the  next  ensuing  fiscal  year,  or  such  proposal 
may  be  for  the  next  two  ensuing  fiscal  years  in  the  event  that  such 
lands  shall  be  under  the  control  of  the  state  of  California,  in  considera- 
tion of  said  district  taking  over  the  supervision  and  concurrent  control, 
as  hereinafter  set  forth,  of  such  lands  so  owned  or  held,  only,  however, 
in  so  far  as  is  necessary  or  proper  to  prevent  or  extinguish  forest,  brush 
or  grass  fires  thereon  or  within  such  district,  or  to  protect  persons  or 
I»roperty  from  any  injury,  loss  or  damage  resulting  from  any  such  fire, 
and  said  governing  body  having  jurisdiction  and  control  over  such 
lands  is  hereby  authorized  and  empowered,  for  the  consideration  afore- 
said, to  propose  or  promise,  as  aforesaid,  and  so  obligate  the  state  of 
California  or  any  county,  city,  township,  municipal  corporation,  public 
corporation  or  other  political  corporation  or  subdivision  of  the  state 
owning  or  holding  such  lands  respectively,  to  such  district  upon  its 
board  of  trustees  accepting  such  proposal  for  such  purpose,  whereupon 
such  agreement  shall  be  duly  executed  in  the  form  of  a  contract,  and 
such  district  shall  thereupon  take  over  the  supervision  and  control  of  the 
jirevcntion  and  extinguishing  of  forest,  brush  or  grass  fires  upon  such 
lands  in  the  manner  aforesaid  for  tiie  next  ensuing  fiscal  year,  or  for 
the  life  of  snch  contract. 

§  7.  Annexation  of  territory.  Petition.  Proposition  submitted  to 
electors.  If  majority  vote  favors.  Territory  deemed  added  when.  Ex- 
clusion  of  land.     Petition.     Hearing.     Notice.     Deemed   excluded  when. 

Any  territory,  incorporated  or  unincorporated,  lying  adjacent  and  con- 
tiguous to- said  forest  fire  district,  and  within  the  same  county  there- 
wilh,  may  lie  added  mihI  nmicxcd  1o  such  district,  at  any  time,  upon 
jjroceedingH  being  had  and  1;ikcii  ;is  in  this  act  provided;  and  any  terri- 
tory, iiicorporatcil    or    iiniiicor|)oi;ilcii,   lying   within    SLiid   district,   may   be 


713  FIRE  DISTRICTS.  Act  1185,  §  7 

withdrawn  and  excluded  therefrom  upon  proceedings  being  had  and 
taken  as  in  this  act  provided.  The  board  of  trustees  of  such  district 
upon  receiving  a  written  petition  containing  a  description  of  the  new 
territory  sought  to  be  annexed  to  such  district,  signed  by  the  owners 
comprising  more  than  one-half  of  the  assessed  value  of  such  territory  as 
shown  by  the  last  county  assessment-roll,  must  thereupon  submit  to  the 
electors  of  the  district  and  also  to  the  electors  residing  in  the  territory 
sought  to  be  annexed,  the  proposition  of  whether  such  proposed  terri- 
tory shall  be  annexed  and  added  to  such  district.  The  proposition  to  be 
submitted  to  the  electors  at  such  election,  both  within  said  district  and 
within  said  territory  so  proposed  to  be  annexed,  shall  be  as  follows:  "for 
annexati'on,"  or  "against  annexation,"  or  words  equivalent  thereto.  Such 
election  must  be  called  and  held,  and  notice  thereof  shall  be  published 
for  at  least  four  weeks  prior  to  such  election  in  a.  newspaper  printed  and 
published  in  such  district,  and  also  in  a  newspaper,  if  any,  printed  and 
published  in  such  territory  so  proposed  to  be  annexed.  The  board  of 
trustees,  shall  canvass,  separately,  the  votes  cast  within  said  district, 
and  the  votes  cast  within  said  territory  so  proposed  to  be  annexed,  and 
if  it  shall  appear  from  such  canvass  that  a  majority  of  all  the  ballots 
cast  in  such  district  and  a  majority  of  all  the  ballots  cast  in  such  terri- 
tory so  proposed  to  be  annexed  are  in  favor  of  annexation,  the  board 
of  trustees  shall  certify  such  fact  to  the  secretary  of  state  describing  said 
property  proposed  to  be  annexed  and  upon  receipt  of  such  last  men- 
tioned certificate,  the  secretary  of  state  shall  thereupon  issue  his  certifi- 
cate reciting  that  the  territory  (describing  the  same)  has  been  annexed 
and  added  to  the  Tamalpais  forest  fire  district  and  a  copy  of  such 
certificate  of  the  secretary  of  state  shall  be  transmitted  to  and  filed  with 
the  county  clerk  of  said  county  in  which  such  forest  fire  district  is  situ- 
ated. From  and  after  the  date  of  such  certificate  the  territory  named 
therein  shall  be  deemed  added  and  annexed  to  and  form  a  part  of  said 
forest  fire  district,  with  all  the  rights,  privileges  and  powers  set  forth  in 
this  act  and  necessarily  incident  thereto.  If  the  property  so  proposed 
to  be  annexed  is  included  within  a  municipality,  consent  to  such  annexa- 
tion shall  first  be  obtained  from  the  governing  board  of  such  municipal- 
ity, and  an  authenticated  copy  of  the  resolution  or  order  of  such  board 
so  consenting  to  such  annexation,  shall  be  attached  to  the  petition,  and 
be  made  a  part  thereof.  At  any  time  after  the  organization  of  said 
forest  fire  district,  and  the  appointment  of  the  board  of  trustees  thereof, 
the  owner  or  owners  of  the  record  title  to  any  laud  or  lands  within  said 
district  may  file  a  petition  with  the  board  of  supervisors  of  the  county 
praying  that  his  or  their  lands  be  excluded  from  the  district;  provided, 
that  no  petition  shall  be  presented  or  received  for  the  exclusion  of  lands 
which,  either  by  themselves,  or  together  with  other  lands  included  in  the 
same  petition,  do  not  lie  adjacent  to  the  exterior  boundaries  of  said 
forest  fire  district.  At  its  first  regular  meeting  after  the  filing  of  such 
petition  the  board  of  supervisors  shall,  by  its  order,  set  said  petition  for 
hearing,  which  hearing  shall  not  be  more  than  forty  days  nor  less  than 
ten  days  from  the  date  of  its  said  order.  Notice  of  such  hearing  shall 
be  mailed  to  the  petitioners,  and  to  the  members  of  the  board  of  trustees 
of  the  forest  fire  district  at  least  one  week  before  the  hearing.  At  such 
hearing,  or  at  any  continuation  thereof,  the  board  of  supervisors  shall 


Act  1185,  §§  8,  9  GENERAL   LAWS.  714 

hear  and  determine  the  facts  urged  for  or  against  said  petition,  and  shall 
make  a  finding  determining  whether  or  not  the  said  lands  petitioned  to 
be  withdrawn,  or  any  part  thereof,  shall  be  withdrawn  from  the  district. 
In  case  such  finding  shall  be  in  favor  of  excluding  such  lands,  or  any 
portion  thereof  from  the  district,  the  board  of  supervisors  shall  make  its 
order  certifying  such  fact  to  the  secretary  of  state,  describing  said  prop- 
erty proposed  to  be  excluded  by  said  findings,  and  upon  receipt  of  such 
last  mentioned  certificate,  the  secretary  of  state  shall  issue  his  certificate 
reciting  that  the  territory  (describing  the  same)  has  been  excluded  from 
the  Tamalpais  forest  fire  district,  and  a  copy  of  such  certificate  of  the 
secretary  of  state  shall  be  transmitted  to  and  filed  with  the  county  clerk 
of  the  county  of  Marin.  From  and  after  the  date  of  such  certificiato,  the 
territory  described  therein  shall  be  deemed  excluded  from  said  forest 
fire  district. 

§  8.  Dissolution  of  district.  The  district  may  at  any  time  be  dis- 
solved upon  the  vote  of  two-thirds  of  the  qualified  electors  thereof,  upon 
an  election  called  either  by  its  board  of  trustees  or  by  petition  signed 
by  twenty-five  per  ceiTt  of  the  registered  voters  within  the  district  upon 
the  question  of  dissolution,  and  the  proposition  which  shall  be  submitted 
to  the  electors  at  such  election  shall  be  as  follows:  "Shall  the  district  be 
dissolved?"  Such  election  must  be  called  and  held;  and  notice  thereof 
shall  be  published  for  at  least  four  weeks  prior  to  such  election  in  a 
newspaper  printed  and  published  in  such  district.  If  two-thirds  of  the 
votes  at  such  election  shall  be  in  favor  of  the  dissolution  of  the  district, 
the  board  of  trustees  shall  certify  such  fact  to  the  secretary  of  state, 
and  upon  receipt  of  such  last  mentioned  certificate,  the  secretary  of  state 
shall  thereupon  issue  his  certificate  reciting  that  said  forest  fire  district 
has  been  dissolved,  and  a  copy  of  such  certificate  of  the  secretary  of 
state  shall  be  transmitted  to  and  filed  with  the  county  clerk  of  said 
county  in  which  such  forest  fire  district  is  situated.  From  and  after  the 
date  of  such  certificate  the  district  named  therein  shall  be  deemed  dis- 
solved, and  the  property  of  the  district  shall  thereupon  vest  in  the  county 
wherein  said  district  is  situate,  if  the  district  at  the  time  of  its  dissolu- 
tion comprises  unincorporated  territory  alone,  and  if  it  comprises  incor- 
porated territory  alone,  or  partly  incorporated  and  partly  unicorporated 
territory,  then  in  such  event  its  property  shall  be  ratably  apportioned 
amongst  the  several  municipalities  and  the  county  in  proportion  to  the 
assessed  value  of  the  property  included  within  said  district  as  shown 
upon  the  last  county  assessment-roll;  provided,  however,  that  any  real 
property,  easements  or  rights  of  way  belonging  to  said  district  shall  in 
such  event  remain  the  property  of  the  municipality  wherein  the  same  is 
.situate,  if  situated  within  incorporated  territory,  otherwise  the  same 
shall    remain   the  ]ir(iperty   of  Ihe   county. 

§9.  Publication  of  notices.  Words  defined.  Every  notice  herein  re- 
quired to  be  publislicd  may  Ijc  iiubli.siicd  in  a  daily  or  weekly  or  semi- 
weekly  nevv.sjiaper;  ;iiii|  if  tiicrc  is  no  dnily,  or  weekly  or  semi-weekly 
iM'VVHj)a|i('r  piihlislicil  williin  I  lie  ilislrid  (ir  wilhiii  a  subdivision  thereof 
or  other  territory  wherein  the  saiiie  is  requireil  to  be  published,  then 
Htich  notice  shall  he  jiosted  for  the  length  of  time  Iierein  required  for  the 


715  FOODS.  Act  1206,  §  1 

publication  of  the  same  in  three  public  places  of  such  district  or  such 
subdivision  thereof  or  such  other  territory  as  the  case  may  be.  The  term 
"municipality,"  as  used  in  this  act,  shall  include  a  city  or  town,  and  shall 
be  understood  and  so  construed  as  to  include,  and  is  hereby  declared  to 
include,  all  corporations  heretofore  organized  and  now  existing,  and  those 
hereafter  organized,  for  municipal  purposes.  The  words  "district"  shall 
appl^',  unless  otherwise  expressed  or  used,  to  said  forest  fire  district 
formed  under  the  provisions  of  this  act,  and  the  word  "trustees,"  and  thie 
words  "board  of  trustees,"  shall  apply  to  the  trustees  and  to  the  board  of 
trustees  of  such  district. 

§  10.  Provision  optional  and  pennissive.  The  provision  herein  con- 
tained for  the  entering  into  proposals  and  contracts  with  said  forest  fire 
district  by  the  state  of  California,  or  any  county,  city,  township,  munici- 
pal corporation,  public  corporation  or  other  political  corporation  or  sub- 
division of  this  state,  is  hereby  declared  to  be  optional  and  permissive 
and  no  further  authority  of  law  shall  be  required  for  such  proposals  or 
contracts  than  that  herein  contained,  and  no  further  authority  of  law 
shall  be  required  than  that  contained  in  this  act  for  the  levy  of  taxes 
by  boards  of  supervisors  for  the  purposes  herein  specified,  and  no  fur- 
ther authority  shall  be  required  by  law  for  the  bringing  of  actions  in 
eminent  domain,  for  the  acquiring  by  said  forest  fire  district  of  rights  of 
way  for  fire  roads  or  trails,  and  easements  to  cut  timber,  brush  or  grass 
thereon,  and  to  maintain  the  same,  than  the  authority  contained  in  this 
act. 

§  11.  Constitutionality,  If  any  section,  subsection,  sentence,  clause  or 
phrase  of  this  at-t  is  for  any  reason  held  to  be  unconstitutional,  such  de- 
cision shall  not  affect  the  validity  of  the  remaining  portion  of  this  act. 
The  legislature  hereby  declares  that  it  would  have  passed  this  act,  and 
each  section,  subsection,  sentence,  clause  and  phrase  thereof,  irrespective 
of  the  fact  that  any  one  or  jnore  other  sections,  subsections,  sentences, 
clauses  or  phrases  be  declared  unconstitutional. 

TITLE  195. 

FOODS. 

ACT  1206. 

An  act  providing  for  the  inspection  of  animals  slaughtered  for  human 
food,  providing  for  the  inspection  of  the  meat  and  meat  food  pro- 
ducts of  such  animals,  providing  for  the  collection  of  fees  to  defray 
the  expenses  incurred  by  maintaining  such  inspection,  providing  for 
the  appointment  and  duties  of  officials  to  carrj^  into  effect  the  provi- 
sions of  this  act,  providing  for  the  marking  of  carcasses  and  parts 
thereof,  and  providing  a  penalty  for  violation  thereof. 

[Approved  May  11,  1917.     Stats.  1917,  p.  423.     In  effect  July  27,  1917.] 

§  1.     Inspection  of  slaughtering  establishments  by  state  veterinarian. 

Any  person,  firm  or  corporation  in  the  state  of  California,  engaged  in 
the  slaughtering  of  cattle,  sheep,  swine,  or  goats,  desiring  to  have  the 
healthfulness  of  the  meat  and  meat  food  products  of  such  animals  certi- 


Act  1206,  §§  2,  3  GENERAL,   LAWS.  716 

fied  to,  may  make  application  for  the  inauguration  of  an  inspection  ser- 
vice in  such  establishment.  Said  application  shall  be  in  writing 
addressed  to  the  state  veterinarian  of  California,  and  shall  be  made  on 
blanks  which  will  be  furnished  by  said  state  veterinarian.  In  such 
application  such  applicant  for  inspection  shall  agree  to  comply  with  the 
provisions  of  this  act  and  to  maintain  said  establishment  in  a  clean  and 
sanitary  manner.  Upon  receipt  of  said  application  the  state  veterin- 
arian shall  make  an  inspection  of  said  establishment  and  if  found  clean 
and  sanitary,  and  properly  equipped  to  conduct  its  business  in  a  clean 
and  sanitary  manner,  he  shall  inaugurate  an  inspection  service  therein, 
and  shall  give  to  such  establishment  an  official  number,  and  this  number 
shall  be  used  to  mark  the  meat  and  meat  food  products  of  the  establish- 
ment as  hereinafter  jjrovided.  Such  an  establishment  shall  thereafter 
be  known  as  "Official  Establishment  No. ." 

§  2.  Fees.  The  cost  of  such  inspection  service  shall  be  borne  by  the 
establishment  where  it  is  maintained  and  shall  be  paid  for  in  th^  follow- 
ing manner:  When,  in  the  opinion  of  the  state  veterinarian,  the  volume 
of  business  is  sufficient  to  occupy  the  continuous  services  of  one  in- 
spector, such  establishment  shall  pay  a  fee  of  one  hundred  fifty  dollars 
per  month.  When,  in  the  opinion  of  the  state  veterinarian,  the  services 
of  more  than  one  inspector  are  required  to  properlj^  carry  on  the  work, 
the  fee  in  such  cases  shall  be  one  hundred  fifty  dollars  per  month  for 
the  first  inspector,  and  one  hundred  twenty-five  dollars  per  month  for 
each  additional  inspector.  When,  in  the  opinion  of  the  state  veterin- 
arian, the  inspection  work  in  two  or  more  neighboring  establishments 
can  be  properly  supervised  by  one  inspector,  said  state  veterinarian  may, 
in  such  cases,  probate  the  fees  among  such  establishments,  but  in  no 
instance  where  only  one  inspector  is  employed  to  supervise  the  work  in 
more  than  one  establishment  shall  the  aggregate  fees  be  less  than  one 
hundred  fifty  dollars  per  month,  and  in  no  such  instance  shall  the  indi- 
vidual fees  be  less  than  fifty  dollars  per  month.  All  such  fees  shall  be 
paid  during  the  first  week  of  January,  April,  July  and  October  of  each 
year  and  they  shall  be  paid  in  advance  for  the  ensuing  three  months. 
Such  fees  shall  be  paid  to  the  state  veterinarian,  who  shall  at  least  as 
often  as  once  each  month  and  oftener  if  required  to  do  so,  report  to  the 
state  controller  the  total  amount  of  fees  collected,  and  at  the  same  time 
he  shall  pay  into  the  state  treasury  the  entire  amount  of  said  receipts. 
All  such  receipts  shall  be  credited  to  the  meat  hygiene  fund,  which  fund 
is  hereby  created,  out  of  which  shall  be  paid  the  salaries  of  inspectors 
who  are  appointed  in  accordance  with  the  provisions  of  this  act,  as  well 
as  other  expenses  that  may  be  incurred  incidental  thereto.  In  no  in- 
stance, however,  shall  any  of  the  fees  collected  as  provided  herein  be 
refunded.  The  state  veterinarian  is  hereby  authorizd  to  appoint  such 
inspectors  as  may  be  necessary  to  carry  out  the  provisions  of  this  act. 

§3.  Hours  for  slaughtering.  All  slaughtering  in  each  official  estab- 
lishment shall  be  conduciccl  between  the  hours  of  seven  o'clock  A.  M. 
and  seven  o'clock  P.  M.  of  any  one  week  day,  unless  a  special  permiv, 
in  writing  or  by  telegram,  autliori/Jng  slaughtering  at  any  other  time, 
is  granted   by  tiie  state  vetcriiiaiiaii.     The   niniuiger   or  other  person   in 


717  POODS.  Act  1206,  §§4-7 

■  charge  of  such  establishment  shall  iiit'orni  the  inspector  when  work 
has  been  concluded  for  the  day,  and  of  the  day  and  hour  when  work 
will  be  resumed.  Where  one  inspector  is  detailed  to  conduct  the  work 
at  two  or  more  establishments  where  few  animals  are  slauglitered,  the 
inspector  may  designate  the  hours  for  work. 

§4.  Ante-mortem  examination  of  animals.  In  each  official  establish- 
ment an  ante-mortem  examination  shall  be  made  of  all  cattle,  sheep, 
swine  and  goats  about  to  be  slaughtered,  and  satisfactory  facilities  shall 
be  provided  for  conducting  such  examinations,  and  for  separating  and 
holding  apart  from  passed  animals  those  that  are  unfit  for  immediate 
slaughter. 

§5.  Parts  inspected.  Mark.  In  each  official  establishment  a  careful 
inspection  shall  be  made  of  all  animals  at  the  time  of  slaughter.  The 
head  and  tongue,  tail,  thymus  gland,  and  all  viscera,  and  all  parts  and 
blood  used  in  the  preparation  of  meat  food  and  medicinal  products  shall 
be  retained  in  such  a  manner  as  to  preserve  their  identity  until  after 
the  post-mortem  examination  has  been  completed.  Carcasses  and  parts 
thereof  found  to  be  sound,  healthful,  wholesome  and  fit  for  human  food 
shall  be  passed  and  marked  in  the  following  manner:  Upon  all  passed 
carcasses  and  parts  thereof  slaughtered  in  an  official  establishment  the 
inspector  shall  place  a  mark  bearing  the  words  "Cal.  Inspected  and 
Passed."  This  mark  shall  also  contain  the  official  number  of  the  estab- 
lishment. The  number  of  such  marks  that  shall  be  affixed  and  their 
location  on  the  carcasses  and  parts  thereof  shall  be  determined  by  the 
state  veterinarian.  Each  carcass  or  part  thereof,  which  is  found  on 
post-mortem  inspection  to  be  unsound,  unhealthful,  unwholesome  or  other- 
wise unfit  for  human  food  shall  be  marked  consjiicuously  by  the  inspector 
at  the  time  of  inspection  with  the  words  "Cal.  Inspected  and  Condemned," 
and  such  carcass  or  part  thereof  shall,  under  the  supervision  of  the  in- 
spector, be  rendered  unfit  for  human  consumption  in  some  manner  ap- 
proved by  the  state  veterinarian. 

§  6.  Rules  and  regulations.  The  state  veterinarian  shall,  from  time 
to  time,  make  such  rules  and  regulations  as  are  necessary  for  the  efficient 
execution  of  the  provisions  of  this  act,  and  all  inspections  and  examina- 
tions made  under  this  act  shall  be  such  and  made  in  such  manner  as 
described  in  the  rules  and  regulations  precribed  by  said  state  veterin- 
arian not  inconsistent  with  the  provisions  of  this  act;  provided,  however, 
that  in  making  such  rules  and  regulations  said  state  veterinarian  shall 
be  guided  by  the  regulations  governing  meat  inspection  of  the  United 
States  department  of  agriculture. 

§  7,  Violation.  It  shall  be  unlawful  for  any  person,  firm  or  corpora- 
tion except  the  inspector  as  herein  provided,  to  have  in  possession,  keep 
or  use  any  mark,  stamp  or  brand  provided  or  used  for  marking,  stamp- 
ing or  branding  any  article  herein  required  to  be  marked,  stamped  or 
branded.  It  shall  be  unlawful  for  any  person,  firm  or  corporation  to 
have  in  possession,  keep,  make  or  use  any  mark,  stamp  or  brand  having 
thereon  a  device  or  words  similar  in  character  or  import  to  the  marks, 


Acts  1222-1224,  §§  1,  2      general  laws.  738 

stamps  or  brands  provided  or  used  for  marking,  stamping  or  branding, 
such  articles,  and  anj^  violation  hereof  shall  be   deemed  a  misdemeanor. 

TITLE  198. 
FOKESTEY. 
ACT  1222. 

An  act  to  fix  the  salaries  of  the  state  forester,  deputy  forester  and  as- 
sistant forester. 

[Approved  March  22,   1909.     Stats.   1909,   p.  669.] 

Amended  1917;  Stats.  1917,  p.  439. 

The  amendment  of  1917  follows: 

§  1.  Salaries  of  state  forester  and  assistants.  The  salary  of  the  state 
forester  shall  be  three  thousand  dollars  per  annum.  The  state  forester 
shall  have  authority  to  appoint  a  deputy  forester  at  a  salary  of  two 
thousand  four  hundred  dollars  per  annum  and  an  assistant  forester  at 
a  salary  of  one  thousand  six  hundred  dollars  per  annum.  The  deputy 
forester  shall  exercise  all  the  powers  and  duties  of  the  state  forester 
during  the  latter's  absence.  All  the  salaries  inentioued  herein  are  to  be 
paid  in  the  same  manner  as  the  salaries  of  other  state  officers  are  paid. 

§  2.  Repealed.  All  acts  and  parts  of  acts  inconsistent  herewith  are 
hereby  repealed. 

ACT  1223. 

An  act  to  provide  for  the  reforestation,  the  cutting  of  fire  lanes  and  fire 
trails  on  the  Angeles  national  forest,  and  to  make  an  appropriation 
therefor.      [Approved  May   15,   1917.     Stats.  1917,  p.  532.     In  effect 
July  27,  1917.] 
The   act  appropriated   $5,000   for  the  purpose  indicated. 

ACT  1224. 

An  act  providing  for  the  establishment  and  maintenance  of  a  state  nurs- 
ery under  the  jurisdiction  and  management  of  the  state  forester  for 
the  growing  of  stock  for  reforestation  und  the  planting  of  trees  along 
highways  and  in  public  places,  and  making  an  appropriation  therefor. 

[Approved  May  15,  1917.     Stats.  1917,  p.  563.     In  effect  July  27,  1917.] 

§  1.  State  nursery  established.  There  is  hereby  established  a  state 
nursery  under  the  jurisdiction  and  management  of  the  state  forester  for 
tlie  growing  of  stock  for  reforestation  of  public  lands,  the  planting  of  trees 
along  i)ub]ic  streets  and  highways  and  for  the  beautifying  of  parks  and 
school  grounds.  The  state  nursery  shall  be  located  by  the  state  forester 
upon  lauds  now  owned  liy  the  state  or  donated  to  the  state  for  that 
purpose. 

§2.  Duty  of  state  forester.  Tlie  state  forester  sli;iH  construct  and 
maintain  such  buildings,  improvements  and  equipment,  and  shall  employ 
and  fix  the  compensation  of  such  employees  as  may  bo  necessary  to  carry 


'^19  FRANCHISES.  Act  1235,  §§  1,  2 

out  the  provisions  of  this  act.     lie  may  aiso  purchase  nursery  stock  and 
seed  and  distribute  the  same  at  cost  for  public  planting  or  reforestation. 

§  3.  Governor  to  receive  deeds,  etc.  The  governor,  on  behalf  of  thb 
state,  is  hereby  authorized  to  receive  all  such  deeds,  conveyances,  assur- 
ances or  donations  of  real  or  personal  property  as  may  be  necessary  in 
law  to  vest  in  the  people  of  the  state  of  California  the  title  to  any  site 
or  sites  for  said  nursery  and  any  equipment  and  supplies  therefor  that 
may  be  donated  to  the  state  and  accepted  by  the  governor. 

§  4.  Appropriation.  Out  of  any  money  in  the  state  treasury  not  other- 
wise appropriated  there  is  hereby  appropriated  the  sum  of  fourteen  thou- 
sand dollars  for  the  purposes  of  this  act. 

TITLE  200. 

FRANCHISES. 
ACT  1235. 

An  act  providing  for  the  resettlement  of  franchise  rights  of  and  the 
granting  of  a  resettlement  franchise  to  any  person,  firm  or  corpora- 
tion actually  engaged  in  operating  a  street,  suburban  or  interiirban 
railroad  in  cities  or  cities  and  counties  having  at  the  effective  date 
of  this  act  a  freeholders'  charter  adopted  under  the  provisions  of 
section  eight  of  article  eleven  of  the  constitution  of  the  state  of 
California,  which  charter  provides  for  the  resettlement  of  franchise 
rights  of  and  the  granting  of  resettlement  franchises  to  any  person, 
firm  or  corporation  engaged  in  operating  a.  public  utility  in  such  a 
municipality,  and  providing  conditions  for  the  granting  of  such 
franchises  by  legislative  or  other  governing  bodies  of  such  city  or 
city  and  county. 

[Approved  May  22,  1917.     Stats.  1917,  p.  820.     In  effect  July  27,  1P17.] 

§  1.  Power  of  board,  of  supervisors,  etc.,  to  provide  for  resettlement 
of  franchise  rights.  The  board  of  supervisors,  the  board  of  trustees  or 
common  council,  or  other  governing  or  legislative  body  of  any  city  or 
city  and  county  having  at  the  effective  date  of  this  act  a  freeholders' 
charter  adopted  under  the  provisions  of  section  eight  of  article  eleven 
of  the  constitution  of  the  state  of  California,  and  which  charter  provides 
for  the  resettlement  of  and  the  granting  of  a  resettlement  franchise  to 
any  person,  firm  or  corporation  engaged  in  operating  a  public  utility  in 
such  city  or  city  and  county,  is  hereby  empowered  to  provide  for  a  gen- 
eral resettlement  of  the  franchise  rights  and  to  grant  a  resettlement 
franchise  to  any  person,  firm  or  corporation  actually  engaged  in  operat- 
ing a  street,  suburban  or  interurban  railroad  in  said  city  or  city  and 
county,  upon  written  application  therefor,  and  upon  such  terms  and  con- 
ditions as  are  in  this  act  provided,  and  may,  in  such  resettlement  of  any 
such  franchise  impose  other  and  additional  terms  and  conditions  not  in 
conflict  herewith. 

§  2.  Franchise  submitted  to  vote  of  electors.  Every  such  resettlement 
franchise  which  is  granted  shall  be  granted  after  such  publication  and 
upon  such  notice  as   the  governing  or  legislative  body  shall  by  resolu- 


Act  1235,  §§  3-5  GENERAL  LAWS.  720 

tion  determine,  or  failing  such  determination  after  such  publication  and 
upon  such  notice  as  is  or  shall  be  prescribed  by  law  for  the  enactment 
of  ordinances  hy  such  governing  or  legislative  body.  After  the  final 
passage  of  such  franchise,  the  same  shall  be  referred  and  submitted  to 
the  vote  of  the  electors  of  the  city  or  city  and  county  at  the  general 
or  special  election  next  ensuing  not  less  than  twenty  d&js  after  the  final 
passage  of  such  ordinance,  or  if  no  general  or  special  election  is  to  be 
held  in  the  city  or  city  and  county  within  a  period  of  not  less  than 
twenty  days  and  not  more  than  ninety  days  after  such  final  passage,  the 
said  governing  or  legislative  body  may  call  a  special  election  for  the 
purpose  of  submitting  said  ordinance  to  the  electors  as  aforesaid,  said 
special  election  to  be  held  not  less  than  thirty  days  and  not  more  than 
sixty  days  after  such  final  passage.  No  such  resettlement  franchise  shall 
go  into  effect  until  it  shall  have  been  so  submitted  to  the  electors  of  the 
city  or  city  and  county  and  receive  the  approval  of  a  majority  of  the 
electors  voting  thereon;  and  provided,  further,  that  such  resettlement 
franchise  shall  not  be  effective  unless  accepted  in  writing  by  the  grantee 
of  such  resettlement  franchise. 

§  3.  Rights  conferred  by  franchise.  Every  such  resettlement  fran- 
chise, permit  or  privilege  shall  confer  upon  the  grantee  thereof  the  right 
to  occupy  the  roads,  streets,  highways,  avenues,  boulevards,  lanes,  alleys, 
courts,  places  and  pathways  of  the  city  or  city  and  county,  particularly 
set  out  in  the  term.s  and  conditons  of  such  franchise,  permit  or  privilege, 
for  the  purpose  of  conducting,  operating  and  maintaining  thereon  a 
street,  suburban  or  interurban  railroad,  subject  always  to  the  right  of 
the  city  or  city  and  county  to  acquire  and  possess  the  property  of  said 
grantee;  provided,  however,  that  said  grantee  shall  pay  to  the  city  or 
city  and  county  such  a  percentage  of  the  net  revenue  annually  collected 
from  any  and  all  sources  under  and  by  virtue  of  such  franchise,  permit 
or  privilege,  as  shall  be  fixed  in  such  franchise.  "What  constitutes  such 
annual  net  revenue  shall  be  provided  in  such  franchise. 

§  i.  New  franchise  may  be  part  of  resettlement  franchise.  The  legis- 
lative or  governing  body  may  in  such  resettlement  franchise  provide  that 
any  new  franchise  granted  to  the  holder  of  such  resettlement  franchise 
shall  be  considered  as  part  of  such  resettlement  franchise. 

§  5.  Extension  of  franchise  to  annexed  territory.  The  legislative  or 
governing  body  may  in  such  resettlement  franchise  provide  that  in  case 
(jf  consolidation  or  annexation  to  the  city  or  city  and  county  of  any  ter- 
ritory not  now  included  in  said  city  or  city  and  county  at  the  date  said  re- 
settlement francliise  is  granted,  any  franchise  to  operate  such  street, 
suburban  or  interurban  railroad,  or  any  part  thereof,  held  or  claimed  by 
the  holder  of  such  resettlement  franchise  in  or  for  any  portion  of  such  con- 
solidated or  annexed  territory  shall  thereupon  be  surrendered  to  the  city 
or  city  and  county,  and  that  the  rights  and  obligations  of  such  resettle- 
Tncnt  franchise  shall  thereupon  automatically  extend  to  such  additional 
lerritorv,  and  that  a  valuation  for  the  purpose  of  public  acquisition  of 
the  properties  used  and  useful,  or,  in  I  lie  discretion  of  the  city  or  city 
;nid  county,  j.rospectively  useful,  in  the  operation  of  such  street,  subur- 
inle'nirliiiii    i-,.ilro!id   in    t  lu;  aiea   so   coiisolidat(>d   or  annexed,  and 


;in    or 


721  FRANCHISES.  Act  1235,  §§  C,  7 

not  included  in  the  capital  valuation  already  fixed  in  such  resettlement 
franchise  shall  be  added  to  the  capital  account  of  such  resettlement 
franchise  grantee  at  a  valuation  for  the  purpose  of  public  acquisition 
fixed  by  the  railroad  commission  of  the  state  of  California,  or  its  succes- 
sors in  interest,  and  otherwise  determined  as  provided  in  tins  act. 

§  6.  Grantee  to  surrender  franchises  owned.  Every  resettlement  fran- 
chise shall  provide  that  the  grantee  thereof  shall  surrender  the  franchises 
or  rights,  owned  or  claimed  by  the  grantee,  to  occupy  such  portion  of 
the  roads,  streets,  highways,  avenues,  boulevards,  lanes,  alleys,  courts, 
places  and  pathways  as  it  is  proposed  such  street,  suburban  or  interur- 
ban  railroad  shall  thereafter  occupy  under  the  provisions  of  such  re- 
settlement franchise,  and  that  the  grantee  shall  accept  in  lieu  thereof 
the  rights  and  privileges  granted  by  such  resettlement  franchise  as  a 
franchise  for  the  continued  operation  of  such  street,  suburban  or  inter- 
urban  railroad  within  the  limits  of  the  city  or  city  and  county  or  such 
portion  thereof  as  had  theretofore  been  operated  under  the  franchise 
or  franchises  surrendered. 

§  7.  Granted  for  indeterminate  period.  Purchase  by  city.  Valuation 
by  railroad  commission.  Every  such  resettlement  franchise,  permit  or 
privilege  shall  be  granted  for  an  indeterminate  period,  subject  always  to 
the  right  of  the  city  or  city  and  county  to  acquire  and  possess  the  prop- 
erty of  the  grantee.  Every  resettlement  franchise  shall  be  granted 
upon  the  express  condition  that  the  city  or  city  and  county  may,  at  a 
valuation  for  the  purpose  of  public  acquisition,  fixed  and  determined 
as  hereinafter  provided,  either  assume  ownership  by  purchase,  take  over 
and  possess  the  property  used  and  useful,  or,  in  the  discretion  of  the 
city  or  city  and  county  prospectively  useful,  of  the  franchise  grantee, 
his  or  its  successors  or  assigns,  upon  giving  said  grantee  written  notice 
of  its  intention  to  purchase  and  take  over  said  property,  which  written 
notice  shall  be  given  only  when  authorized  by  ordinance  of  the  legis- 
lative or  governing  body  of  the  city  or  city  and  county.  The  valua- 
tion for  the  purpose  of  public  acquisition  of  such  property  used  and 
useful,  or,  in  the  discretion  of  the  city  or  city  and  county,  prospectively 
useful,  and  owned  by  the  grantee  at  the  time  application  is  made  for 
such  resettlement  franchise,  permit  or  privilege,  shall  be  fixed  by  the 
railroad  commission  of  the  state  of  California,  or  its  successors  in  inter- 
est. The  valuation  of  such  property,  as  fixed  by  the  railroad  commis- 
sion of  the  state  of  California,  may  be  set  forth  in  said  resettlement 
franchise,  permit  or  privilege,  in  which  case  a  readjustment  from  time 
to  time  of  this  valuation  by  the  addition  of  the  cost  of  exten.sious  and 
betterments  and  by  the  deduction  of  the  value  of  property  sold  or  aban- 
doned, and  of  the  amount  of  depreciation  sustained  by  the  property  used 
or  useful,  or  prospectively  useful,  of  the  franchise  grantee  shall  be  made 
in  such  manner  as  may  in  said  resettlement  franchise  be  provided.  All 
expenses  of  such  valuation  by  the  railroad  commission  of  the  state  of 
California,  or  its  successors  in  interest  shall  be  paid  by  the  city  or 
city  and  county  to  the  railroad  commission  of  the  state  of  California, 
or  its  successors  in  interest. 
46 


Act  1248a  general  laws.  722 

§8.  Value  in  excess  of  amount  paid  not  to  be  claimed.  Said  reset- 
tlement franchise  shall  provide  that  the  grantee  thereof,  its  successors 
or  assigns,  shall  never  claim  before  any  court  or  other  public  authority 
in  a.ny  proceeding  of  any  character  any  value  for  said  resettlement  fran- 
chise, permit  or  privilege  in  excess  of  the  amount  originally  paid  for 
the  same  by  the  grantee  thereof  to  the  public  authority  granting  the  same. 

§  9.  Amendment.  Any  resettlement  franchise  may  be  amended  from 
time  to  time  by  ordinance  passed  by  the  governing  or  legislative  body 
of  the  city  or  city  and  county  and  ratified  by  the  electors  of  the  city 
or  city  and  county  in  the  manner  herein  prescribed  for  the  passage  of 
such  resettlement  franchise  in  the  first  instance,  and  not  otherwise;  pro- 
vided, that  no  such  amendment  shall  be  effective  unless  accepted  in 
writing  by  the  grantee  of  such  resettlement  franchise. 

§  10.  Exercise  of  police  power.  Right  of  city  to  acquire  property  by 
right  of  eminent  domain.  The  legislature  hereby  declares  that  this  act 
is  passed  subject  to  the  continued  power  of  the  state  of  California  in 
the  exercise  of  its  police  power  or  otherwise  through  the  instrumentality 
of  the  railroad  commission  of  the  state  of  California  or  other  agency 
to  provide  at  any  and  all  times  for  the  supervision  and  regulation  of 
public  utilities  notwithstanding  any  franchise,  permit  or  privilege  or 
any  provision  thereof  granted  under  this  act,  or  any  part  thereof. 

Nothing  herein  contained,  nor  any  provision  of  any  franchise  granted 
hereunder  shall  be  deemed  to  prevent  a  city  or  city  and  county  from 
acquiring  at  any  time  the  property  of  any  public  utility  through  the 
exercise  of  the  right  of  eminent  domain  under  the  then  constitution  and 
laws,  and  the  legislature  hereby  declares  it  to  be  against  the  policy  of 
the  state  for  any  city  or  county  to  contract  away,  either  for  a  term  or 
in  perpetuity,  the  right  to  exercise  the  right  of  eminent  domain  in  re- 
spect to  any  public  utility. 

§  11.  Constitutionality.  If  any  section,  subsection,  sentence,  clause 
or  phrase  of  this  act  is  for  any  reason  held  to  be  unconstitutional,  such 
decision  shall  not  affect  the  validity  of  the  remaining  portions  of  the 
act.  The  legislature  hereby  declares  that  it  would  have  passed  this  act, 
and  each  section,  subsection,  sentence,  clause,  and  phrase  thereof,  irre- 
spective of  the  fact  that  any  one  or  more  sections,  subsections,  sentences, 
clauses  or  phrases  be  declared  unconstitutional. 

TITLE  202. 
FRE'E  LIBRARIES. 
Act  1248a. 

An  act  to  provide  for  the  establishment  and  maintenance  of  county  free 
libraries  in  the  state  of  California,  and  repealing  "An  act  entitled 
'An  act  to  provide  county  library  systems,'  approved  April  12,  1909, 
and  all  acts  and  parts  of  acts  in  conflict  with  this  act." 
[Approved  February  25,  1911.     Stats.  1911,  p.  80.] 

Amended  1917;  Stats.  1917,  p.  1610. 


723  PEESNo  COUNTY — FRUIT.     Acts  1264a-1275a 

The  amendment  of  1917  follows: 

§9gg.  Salary  of  county  librarian.  In  counties  of  the  thirty-third 
class  the  salary  of  the  county  librarian  shall  be  eighteen  hundred  dol- 
lars per  annum.  [Amendment  approved  .June  1,  1917;  Stats.  1917, 
p.  1610. 

TITLE  204. 
FRESNO  COUNTY. 
ACT  126ia. 

An  act  to  increase  the  number  of  judges  of  the  superior  court  of  the 
county  of  Fresno,  and  to  provide  for  the  appointment  of  an  addi- 
tional judge. 

[Approved  May  5,  1917.     Stats.  1917,,  p.  283.     In  effect  July  27,   1917.] 

§  1.  Fresna  county  judges.  The  number  of  judges  of  the  superior 
court  Fresno  county  is  hereby  increased  from  two  to  three. 

§  2.  Appointment  of  one  additional  judge.  Election.  Within  ninety 
days  after  the  taking  effect  of  this  act,  the  governor  shall  appoint  one 
additional  judge  of  the  superior  court  of  the  county  of  Fresno,  state  of 
California,  who  shall  hold  ofiEice  until  the  first  Monday  after  the  first 
day  of  January,  A.  D.,  one  thousand,  nine  hundred  nineteen.  At  the 
general  election  to  be  held  in  November,  1918,  a  judge  of  the  superior 
court  of  said  county  shall  be  elected  in  said  county,  who  shall  be  the 
successor  of  the  judge  appointed  hereunder,  to  hold  ofiice  for  the  term 
prescribed  by  the  constitution  and  by  law. 

§  3.  Salary.  The  salary  of  said  additional  judge  shall  be  the  same 
in  amount,  and  shall  be  paid  at  the  same  time  and  in  the  same  manner 
as  the  salary  of  the  other  two  judges  of  the  superior  court  of  said 
county  now  authorized  by  law. 

TITLE  205. 

FRUIT. 
ACT  1275. 

An  act  to  establish  a  standard  for  the  packing  and  marketing  of  apples, 
fixing  penalties  for  the  violation  of  its  provisions,  and  providing 
for  its  enforcement  and  making  an  appropriation  to  carry  into  effect 
the  provisions  hereof. 

[Approved  June  10,  1915.     Stats.  1915,  p.  1386.] 
Repealed  1917;  Stats.  1917,  p.  285.     See  next  Act. 

ACT  1275a. 

An  act  to  establish  standards  for  the  packing  and  marketing  of  apples, 
forbidding  the  sale  of  certain  infected  and  diseased  apples,  provid- 
ing for  its  enforcement,  fixing  penalties  for  its  violation,  and  mak- 
ing an  appropriation  to  carry  into  effect  the  provisions  thereof,  and 
repealing  an   act  entitled   "An   act  to   establish  a  standard  for  the 


Act  1275a,  §§  1-3  geneital  laws.  724 

packing  and  marketing  of  apples,  fixing  penalties  for  the  violation 
of  its  provisions,  and  providing  for  its  enforcement  and  making  an 
appropriation  to  carry  into  eft'ect  the  provisions  hereof,"  approved 
June  10,  1915. 

[Approved  May  7,  1917.     S-tats.  1917,  p.  285.     In  effect  .July  27,  1917.] 

§  1.  Title.  This  act  shall  be  known,  and  for  any  and  all  purposes 
may  be  designated  and  referred  to,  as  "The  standard  apple  act  of  1917." 

§  2.  Standard  grades  established.  The  following  standard  grades  are 
hereby  established  for  apples,  packed,  shipped,  delivered  for  shipment, 
offered  for  sale  or  sold,  in  the  state  of  California,  when  contained  inclosed 
packages: 

(a)  "California  Fancy."  The  "California  Fancy"  grade  shall  consist  of 
apples  of  well-grown,  properly  matured  specimens  of  one  variety,  hand- 
picked,  with  stems  retained  therein,  well  colored  for  the  variety,  uni- 
form in  size,  well  packed,  and  shall  be  free  from  insect  pests,  diseases, 
visible  rot,  visible  dry  rot,  visible  Baldwin  spot,  insect  bites,  bruises 
and  other  defects,  except  such  bruises  and  defects  as  are  necessarily 
caused  in  the  operation  of  packing,  and  virtually  free  from  dirt;  pro- 
vided, however,  that  a  variation  from  the  said  standard,  as  to  insect 
pests,  diseases,  dry  rot,  Baldwin  spot,  insect  bites,  bruises  and  other 
defects,  shall  be  allowed,  not  to  exceed  ten  per  cent  total  of  such  de- 
fects in  any  one  package,  nor  to  exceed  three  per  cent  of  any  one  such 
defect;  and  provided,  further,  that  a  variation  in  size  of  the  apples 
shall  be  allowed,  not  to  exceed  three-eighths  of  one  inch,  as  the  same 
may  be  measured  by  the  smallest  diameter  therof. 

(li)  "B  grade."  The  "B  grade"  shall  consist  of  apples  of  well-grown, 
jiropcrly  matured  specimens  of  one  variety,  haud-i)ieked,  uniform  in 
size,_  well  packed,  free  from  insect  pects,  diseases,  visible  rot,  visible 
dry  rot,  visible  Baldwin  spot,  insect  bites,  sun  scald  and  frost  bite  more 
than  skin  deep,  and  bruises  resulting  in  the  breaking  of  the  skin  and 
virtually  free  from  dirt;  provided,  however,  that  insect  bites  which  have 
healed  in  the  process  of  maturity  of  the  apple,  and  slightly  misshapen 
apples  shall  be  permitted  in  this  grade;  that  a  variation  in  size  of  the 
apples  shall  be  allowed,  not  to  exceed  three-eighths  of  one  inch,  as  the 
same  may  be  measured  by  the  smallest  diameter  therof,  and  that  a 
variation  from  the  said  standard,  as  to  insect  pests,  diseases,  dry  rot, 
P.ahlvvin  spots,  bruises  and  other  defects,  shall  be  allowed,  not  to  exceed 
ten  jicr  cent  total  of  such  defects  in  any  one  jiackage,  nor  to  exceed 
three  jier  cent  of  any  one  such  defect. 

((■)  "C  grade."  The  "(J  grade"  shall  consiist  of  apples  of  properly 
matured  specimens  of  one  variety,  free  froui  insect  pests,  visible  rot, 
visible  dry  rot,  visible  Baldwin  spots  and  diseases;  provided,  however, 
that  a  variation  from  said  standard  as  to  insect  pests,  dry  rot,  Baldwin 
spots  and  diseases,  shall  be  allowed,  not  to  exceed  ten  per  cent  total 
of  such  defects  in  any  one  package,  nor  to  exceed  three  per  cent  of  any 
fine  such  defect. 

§3.  Labeling  of  closed  packages.  Every  closed  package  in  which 
any  ■.i],]>h:H  are  j.acked,  sliipped,  .lelivered  for  shipment,  offered  for  sale 


725  FRUIT.  Act  1275a,  §§4-6 

or  sold,  ill  the  state  of  California,  shall  bear  upon  the  outside  thereof, 
and  on  the  labeled  or  branded  end,  in  jdain  words  or  figures  and  in  the 
English  language,  the  following:  The  grade  of  the  apples  therein  con- 
tained, as  herein  defined,  the  designation  of  grade,  when  the  stamps 
hereinafter  provided  for  are  not  used,  being  stated  in  letters  not  smaller 
than  thirty-six  point  type,  that  is,  not  less  than  one-half  inch  in  height: 
the  number  of  apples  contained  in  the  package  or  the  net  weight  of  the 
apples  contained  therein;  the  variety  of  the  apples  contained  in  the 
package,  unless  the  variety  be  unknown  to  the  packer,  in  which  case 
the  variety  shall  be  stated  as  unknown;  the  name  and  business  address 
of  the  person,  firm,  company,  organization  or  corporation,  who  first 
packed  or  caused  the  same  to  be  packed,  and,  if  repacked,  the  name  and 
address  of  the  person,  firm,  company,  organization  or  corporation  who 
repacked  the  same  or  caused  them  to  be  repacked;  the  date  when  such 
apples  were  first  packed,  or  if  repacked,  the  date  of  repacking;  pro- 
vided, however,  that  a  variation  of  five  apples,  more  or  less,  than  the 
number  stated,  shall  be  allowed. 

§4.  Labeled  apples  must  conform  to  standard.  Xo  person,  firm,  com- 
pany, organization  or  corporation,  shall  sell  or  offer  for  sale,  within 
the  state  of  California,  any  apples  labeled,  designated,  invoiced  or 
represented  to  be,  of  "California.  Fancy"  or  "B"  or  "C"  grade,  whf:'ther 
contained  in  closed  packages  or  otherwise,  unless  the'  same  shall  con- 
form to  the  standard  for  such  grade  herein  established;  provided,  how- 
ever, that  nothing  herein  contained  shall  prevent  the  grading  of  Graven- 
stein  apples  as  "California  Fancy,"  though  the  stems  be  not  retained 
therein. 

§  5.  Importation  of  infected  apples  forbidden.  Xo  person,  firm,  com- 
pany, organization  or  corporation,  shall  import  into  this  state,  or  sell, 
barter,  offer  for  sale  or  have  in  his  possession  for  sale,  any  apples  in- 
fected with  any  insect  pest  or  the  pupae  or  larvae  thereof  or  any  dis- 
ease; provided,  however,  that  this  section  shall  not  be  construed  to  pre- 
vent a  grower  of  fruit  so  infected  in  the  state  of  California  from  sell- 
ing the  same,  as  a  part  of  his  crop,  in  bulk,  to  a  packer,  or  to  prevent 
a  grower  or  packer  from  manufacturing  the  same  into  an  apple  by-product, 
or  from  selling  the  same  to  the  operator  of  a  by-product  factory  for 
the  purpose  of  such  manufacture;  and,  provided,  further,  that  the  pro- 
visions of  this  section  shall  be  construed  to  be  limited  by  the  variations 
allowed  by  the  terms  of  section  two  of  this  act. 

§  6.  False  statements,  etc.  Xo  statement,  figure,  design  or  device, 
appearing  upon  any  container  in  which  apples  are  sold,  bartered,  or 
offered  for  sale,  or  in  which  apples  are  packed  for  sale  or  shipment,  or 
upon  the  brand  or  lining  of  any  such  container,  or  upon  the  wrapper  of 
any  apple  therein  contained,  or  upon  any  sign  or  placard  used  in  con- 
nection therewith  and  having  reference  to  the  apples  contained,  shall 
be  false  or  misleading,  in  any  particular.  The  word  "Fancy"  shall  not 
be  used  with  reference  to  any  apples  the  grade  of  which  does  uot  con- 
form to  the  standard  for  "California  Fancy"  as  in  this  act  defined. 


Act  1275a,  §  §  7-9  general  laws.  726 

§  7.  Powers  of  state  commissioner  of  horticulture.  The  state  commis- 
sioner of  horticulture  of  California  shall  be  charged  with  the  enforce- 
ment of  the  provisions  of  this  act,  and  for  that  purpose  shall  have  power: 

(a)  To  enter  and  to  inspect  every  place  within  the  state  of  California 
where  apples  are  produced,  packed,  shipped,  delivered  for  shipment, 
offered  for  sale  or  sold,  and  to  inspect  such  places  and  all  apples  and 
apple  containers  and  equipment  found  in  any  such  place. 

(b)  To  design,  and  cause  to  be  printed  or  lithographed,  suitable  uni- 
form stamps  to  be  used  on  packages  containing  apples  of  the  various 
grades,  standards  for  which  are  established  by  the  terms  of  this  act, 
to  sell  the  same  as  hereinafter  provided,  and  to  prescribe  the  method 
of  canceling  the  same. 

(c)  In  accordance  with  the  provisions  of  the  civil  service  law  of  this 
state,  to  appoint,  superintend,  control  and  discharge  such  chief  inspec- 
tors and  subordinate  inspectors  as  in  his  discretion  may  be  deemec^  to 
be  necessary,  for  the  special  purpose  of  enforcing  the  terms  of  this  act, 
to  prescribe  their  duties,  and,  in  conjunction  with  the  board  of  control, 
to  fix  their  compensation,  provided  that  no  chief  inspector  shall  be  paid 
more  than  seven  dollars  per  day  and  no  subordinate  inspector  more  than 
five  dollars  per  day. 

(d)  Pensonally,  or  through  any  deputy  or  any  such  inspector,  to  seize 
and  retain  possession  of,  any  apples  or  apple  boxes  packed,  shipped,  de- 
livered for  shipment,  offered  for  sale  or  sold,  in  violation  of  any  of  the 
provisions  of  this  act. 

(e)  In  the  name  of  the  people  of  the  state  of  California  to  cause  to 
be  instituted  and  to  prosecute,  in  the  superior  court  of  any  county  or 
city  and  county  of  the  state  of  California,  in  which  apples  packed, 
shipped,  delivered  for  shipment,  offered  for  sale  or  sold,  in  violation 
of  any  of  the  provisions  of  this  act,  may  be  found,  an  action  or  actions 
for  the  condemnation  of  apples  as  provided  in  section  thirteen  of  this 
act. 

§  8.  Sale  of  stamps.  The  stamps  designed  and  provided  by  the  state 
commissioner  of  horticulture  of  California,  as  provided  by  section  seven 
of  this  act,  by  him  shall  be  placed  on  sale  and  sold  to  any  person  who 
may  apply  therefor,  at  the  price  of  one-half  cent  each.  All  moneys 
received  by  him  from  tiie  sale  of  such  stamps  shall  be  paid  over  to  the 
treasurer  of  the  state  of  California,  who  shall  deposit  the  same  to  the 
credit  of  a  fund  to  be  used  exclusively  for  the  payment  of  the  expenses 
of  enforcing  the  provisions  of  this  act,  and  to  be  paid  out  only  upon 
claims  approved  by  the  state  commissioner  of  horticulture  of  California 
and  V)y  tlie  lioard  of  control. 

§  9.     Qualifications  of  inspectors.     Powers.     Assignment  of  inspectors. 

The  inspectors  a|i]iointo(l  by  the  state  commissioner  of  horticulture  of 
California,  as  in  section  seven  hereof  provided,  shall  be  citizens  of  the 
United  States,  and  of  the  state  of  California,  not  less  than  twenty-one 
years  of  age,  shall  be  skilled  in  the  inspection  of  apples,  and  have  a 
tliorough  knowledge  of  insect  pests  and  diseases  commonly  preying  upon 
such  fruits;  they  shall  have  jiower  to  enter  and  to  inspect  every  place 
within  the  state  of  California  where  api)Ie8  are  produced,  packed,  shipped, 


727  FRUIT.  Act  1275a,  §§  10-13 

delivered  for  shipment,  offered  for  sale  or  sold,  and  to  inspect  all  such 
places  and  apples  and  apple  containers,  found  in  any  such  place;  and 
shall  perform  such  other  duties  as  may  be  prescribed  by  the  state  com- 
missioner of  horticulture  of  California,  or  by  law. 

The  said  commissioner  shall  assign  such  inspectors  to  such  territory, 
within  the  state,  as  he  may  see  fit;  provided,  that  when  the  stamps  pur- 
chased for  any  year  by  packers  in  any  town,  city  or  district,  shall  yield 
a  sum  of  money  sufficient  to  pay  the  expense  thereof,  such  commissioner 
shall  assign  one  inspector  or  more  for  special  duty  in  such  town,  city  or 
district,  during  the  packing  season  of  that  year,  or  for  a  longer  period, 
if  deemed  to  be  necessary;  and  provided,  further,  that  in  the  discretion 
of  said  horticultural  commissioner,  he  may  refuse  to  permit  inspection 
of  fruit  at  the  place  where  same  is  being  packed  if  packed  by  any  per- 
son, firm,  compan}',  organization  or  corporation  who  shall  not  make  use 
of  the  stamps  hereinabove  provided  for  upon  the  packages  of  "California 
Fancy,"  "B"  and  "C"  grade  apples  packed  by  him  or  it. 

§  10.  Repacking.  No  container  to  or  on  which  is  attached  any 
such  stamp  or  on  which  shall  appear  the  designation  of  grade  as  "Cali- 
fornia Fancy,"  "B"  grade  or  "C"  grade,  shall  be  used  as  the  container 
of  any  apples,  other  than  those .  originally  packed  therein,  until  such 
stamp  or  grade  designation  has  been  removed;  provided,  that  when 
apples  are  repacked,  without  the  addition  of  new  stock,  other  than  stock 
of  the  same  grade  and  from  the  same  lot  of  which  the  package  or  pack- 
ages repacked  is  or  are  a  i>art,  the  same  containers  may  be  used  without 
removing  the  stamps  or  grade  designations. 

§  11.  Refusal  to  permit  inspectors  to  enter.  No  person,  firm,  com- 
pany, organization  or  corporation,  shall  refuse  to  permit  the  state  com- 
missioner of  horticulture  of  California,  or  any  of  his  duly  appointed 
deputies,  or  any  inspector  duly  appointed  by  said  commissioner  under 
the  provisions  of  this  act,  to  enter  or  to  inspect  any  place  within  the 
state  of  California  where  apples  are  produced,  packed,  shipped,  delivered 
for  shipment,  offered  for  sale  or  sold,  or  to  inspect  such  places,  or  any 
apples  or  apple  containers  or  any  equipment  found  there. 

§  12.  Penalty.  Any  person,  firm,  company,  organization  or  corpora- 
tion, who  shall  violate  any  of  the  provisions  of  this  act  shall  be  punish- 
able by  a  fine  of  not  less  than  fifty  dollars  nor  more  than  five  hundred 
dollars,  or  by  imprisonment  in  the  county  jail  for  a  period  of  not  more 
than  six  months,  or  by  both  such  fine  and  imprisonment. 

§  13.     Apples    packed,  shipped,   etc.,  in    violation    of    law,    nuisance. 

Any  apples  packed,  shipped,  delivered  for  shipment,  offered  for  sale  or 
sold,  in  violation  of  any  of  the  provisions  of  this  act,  and  the  contain- 
ers in  which  they  may  be,  shall  be  deemed  to  be  a  public  nuisance,  may 
be  seized  by  said  commissioner  of  horticulture,  or  his  deputy,  or  by 
any  inspector  appointed  under  the  provisions  of  this  act,  or  by  any 
county  horticultural  commissioner  or  his  deputy,  and  by  order  of  the 
superior  court  of  the  county  or  city  and  county  within  which  the  same 
may  be  found,  shall  be  condemned  and  destroyed  or  released  upon  such 
conditions  as  the  court  in  its  discretion  may  impose  to  insure  that  they 


Act  1275a,  §§  14-17  general  LxVws.  728 

will  not  be  packed,  shipped,  delivered  for  shipmeut,  offered  for  sale  or 
sold  in  violation  of  any  of  the  provisions  of  this  act. 

§  14.  Guaranty,  rorm  of  guaranty.  No  person,  firm,  company,  or- 
ganization or  corporation,  shall  be  convicted  of  a  violation  of  any  pro- 
vision of  this  act,  if  he  shall  establish  a  guaranty,  signed  by  the  per- 
son, firm,  company,  organization,  or  corporation,  residing  or  lawfully 
engaged  in  business  in  the  state  of  California,  by  or  for  whom  the 
apples  in  question  were  originally  packed,  or  repacked,  to  the  effect  that 
the  apples,  container,  brand  and  label  in  question  comply  in  all  respects 
with  the  provisions  of  this  act,  and  in  addition,  shall  establish  that  the 
same  are  in  substantially  the  same  condition,  in  every  respect,  as  they 
were  when  they  were  delivered  out  of  the  possession  of  such  packer, 
and  that  the  accused  was  not  aware  that  such  ai^ples,  container,  brand 
or  label,  were  or  was  in  any  respect  in  violation  of  any  provision  of  this 
act.  The  signature  to  such  guaranty  may  be  printed,  when  done  by  the 
authority  of  the  signer.  To  afford  protection,  such  guaranty,  in  form 
and  substance,  must  be  substantially  as  follows: 

"The  undersigned  guarantees  that  (this  box  or  other  package  of  ap- 
ples or  the  boxes  or  other  packages  of  apples  mentioned  in  this,  or  the 
attached  invoice,  are  all  boxes  or  other  packages  of  apj^les  packed  or 
repacked  by  the  undersigned),  comply,  in  all  respects  with  the  standard 
apple  act  of  1917.  (Signature  of  the  packer,  with  statement  as  to 
whether  packer  is  firm,  company,  organization  or  corporation  and  busi- 
ness address.)" 

Where  the  guaranty  is  used  on  each  separate  box,  it  may  consist  of 
the  legend,  "guaranteed  by  the  packer,  under  the  standard  apple  act  of 
1917,"  printed,  stamped  or  written  on  the  labeled  or  branded  end  of  the 
package. 

§  15.  Duty  of  district  attorney.  It  shall  be  the  duty  of  the  district 
attorney  of  the  county,  or  city  and  county,  in  which  any  violation  of 
this  act  may  occur,  to  prosecute  the  person,  firm,  company,  organization 
or  corporation  accused  of  such  violation,  and  also^  at  the  request  of  the 
state  commissioner  of  horticulture,  or  any  one  of  his  deputies,  to  insti- 
tute and  prosecute  such  actions  for  condemnation  as  may  be  authorized 
under  the  provisions  of  this  act. 

§16.  Effect  on  foods  and  liriuors  act.  No  ai-t  which  is  made  un- 
lawful by  any  provision  of  an  act  of  the  legislature  of  the  state  of 
California,  entitled,  "An  act  lor  preventing  the  manufacture,  sale  or 
transportation  of  adulterated,  mislabeled  or  misbranded  foods  and 
liquors  and  regulating  the  traffic  therein,  providing  penalties,  estab- 
lishing a  state  laboratory  for  foods,  liquors  and  drugs  and  making  an 
appropriation  therefor,"  approved  March  11,  1907,  or  any  amendment 
thereto,  shall  be  deemed  l-'uvlul  by  reason  of  any  provision  of  this  act; 
nor  shall  this  act  be  const  rued  in  ;iny  respect  to  limit  the  powers  of 
{he  state  board  of  lienlth. 

§17.  Appropriation.  Thr  sum  of  live  lliousaiul  dollars  ($.1,UUU)  is 
iMicl.v  :ippr<qiri:it(Ml  mil  of  n  n  v  iiioncv  in  the  state  treasury,  not  other- 
wise  api-roprialcd    for   thr    pavni.'iil    of   tlie   cost   of  printing,  lithograph- 


729  FRUIT.  Act  1275b,  §§  1-4 

mg,  stationery,  stamps,  clerical  assistance,  traveling  expenses  and  sal- 
aries of  inspectors  and  office  rentals,  incurred  by  the  state  commissioner 
of  horticulture  in  the  enforcement  of  this  act  during  the  fiscal  years 
commencing  July  1,  1917,  and  July  1,  1918,  respectively.  The  state  con- 
troller is  hereby  authorized  to  draw  his  warrants  for  tlie  sum  herein 
appropriated  in  favor  of  said  commissioner  and  the  state  treasurer  is 
hereby  directed  to  pay  the  same. 

§  18.  Constitutionality.  If  any  section,  subsection,  sentence,  clause 
or  phrase  of  this  act  is  for  any  reason  held  to  be  unconstitutional  such 
decision  shall  not  affect  the  validity  of  the  remaining  portions  of  this 
act.  The  legislature  hereby  declares  that  it  would,  have  passed  this  act, 
and  each  section,  subsection,  sentence,  clause  and  phrase  thereof,  ir- 
respective of  the  fact  that  any  one  or  more  other  sections,  subsections, 
sentences,   clauses  or   phrases   be  declared   unconstitutional. 

§  19.  Stats.  1915,  p.  1386,  repealed.  An  act  entitled  "An  act  to  es- 
tablish a  standard  for  the  jjaeking  and  marketing  of  apples,  fixing  pen- 
alties for  the  violation  of  its  provisions,  and  providing  for  its  enforce- 
ment and  making  an  appropriation  to  carry  into  effect  the  provisions 
hereof,"  approved  June  10,  1915,  is  hereby  repealed. 

ACT  1275b. 

An  act  to  promote  the  development  of  the  California  fresh  fruit  indus- 
try in  state  and  interstate  markets,  and  to  protect  the  state's  repu- 
tation in  these  markets  by  establishing  a  standard  for  the  packing 
of  certain  fresh  fruits  specified  therein,  and  to  prevent  deception 
in  the  packing,  prescribing  penalties  for  the  violation  of  the  pro- 
visions hereof,  and  repealing  all  acts  inconsistent  herewith. 

[Approved  May  24,  1917.     Stats.  1917,  p.  909.     In  effect  July  27,  1917.] 

§  1.  Standard  for  packing  fresh  fruits.  To  promote  the  development 
of  the  California  fresh  fruit  industry  and  to  prevent  deception  in  pack- 
ing for  state  or  interstate  shipment,  there  is  hereby  created  and  estab- 
lished a  "standard"  for  the  packing  of  fresh  fruits  of  the  kinds  speci- 
fied in  this  act. 

§  2.  Application.  Unless  specifically  excepted  in  this  act,  all  of  its 
provisions  shall  be  applicable  to  all  fresh  fruits  specified  herein  when 
packed,  shipped,  delivered  for  shipment,  offered  for  sale  or  sold  in  any 
container  or  subcontainer. 

§  3,  Free  from  diseases.  All  fresh  fruits  of  the  kinds  specified  in  this 
act  when  packed  sliall  be  practically  free  from  insects  and  fungous 
diseases. 

§  4,  Fruits  exempt.  All  fresh  fruits  of  the  kind  specified  in  this  act, 
except  citrus  fruits,  which  shall  be  sold  in  bulk  or  loose  in  the  box  or 
in  any  other  manner,  excepting  in  staudarized  packs  as  provided  in  this 
act  (excepting  grapes,  which  must  conform  to  the  sugar  standards  pro- 
vided in  section  eight  a  hereof),  shall  be  exempt  from  the  provisions 
of  this  act. 


Act  1275b,  §  §  5-8a.  general  laws.  730 

§5.  Words  defined.  When  used  in  this  act  the  words  herein  men- 
tioned shall  be  defined  as  follows:  "Pack,  packing  or  packed,"  shall 
mean  the  regular  compact  arrangement  of  all  or  part  of  the  fruit  in 
any  container  or  subcontainer  used  for  the  purpose  of  sale  or  transporta- 
tion for  sale.  The  words  "in  bulk  or  loose  in  the  box  without  packing" 
shall  mean  the  indiscriminate  placing  without  any  thought  of  regular 
arrangement  of  any  of  the  kinds  of  fresh  fruit  mentioned  in  this  act 
into  a  box,  wagon  or  other  receptacle  used  for  the  purpose  of  sale  or 
transportation  for  sale. 

The  words  "fresh  fruit"  shall  mean  the  fresh  product  of  any  tree, 
vine  or  plant  mentioned  in  this  act. 

The  word  "maturity"  shall  mean  a  degree  of  ripeness  fit  for  shipment. 

The  word   "county"  includes  a   consolidated  "city   and  county." 

The  word  "container"  shall  mean  any  box,  crate  or  other  package  used 
to  hold  or  contain  packed  fresh  fruit. 

The  word  "subcontainer"  shall  mean  any  basket  or  other  receptacle 
used  within  a  container  of  packed  fresh  fruit. 

§  6.  Cherries.  All  cherries  packed  in  containers  or  subeontainers 
shall  contain  cherries  well  colored,  of  practically  uniform  size,  quality, 
and  maturity  and  one  variety  only,  excepting  that  such  containers  may 
contain  more  than  one  variety  if  such,  fact  be  plainly  stamped  on  the 
outside  thereof  with  the  words  "mixed  varieties"  with  letters  not  less 
than  one-half  inch  high.  Each  container  or  subcontainer  shall  be 
stamped  on  the  outside  with  the  mimimum  weight  of  contents  and  the 
container  shall  have  the  name  of  variety  or  varieties  stamped  thereon. 

§  7.  Peaches,  apricots,  pearSj  etc.  Peaches,  apricots,  pears,  quinces, 
tomatoes,  plums  and  prunes  when  packed  shall  be  of  practically  uniform 
size,  quality  and  maturity.  When  packed  in  containers  made  up  of  two 
or  more  subeontainers  having  sloping  sides,  for  the  purpose  of  ventila- 
tion of  the  fresh  fruit  therein,  the  contents  shall  not  vary  in  size  more 
than  ten  per  cent  in  each  layer,  and  not  more  than  twenty  per  cent  in 
the  whole  subcontainer,  and  no  layer  below  the  top  shall  contain  a 
greater  numerical  count  than  the  top  layer.  Each  container  or  sub- 
container  shall  be  stamped  upon  the  outside  with  the  minimum  weight 
of  its  contents.  Each  container  shall  bear  in  plain  letters  the  name  of 
the  variety  contained  therein.  When  packed  in  a  container  having  per- 
pendicular sides  and  ends,  each  shall  contain  approximately  the  same 
numerical  count  in  each  layer;  provided,  that  when  peaches  are  packed 
in  containers  having  perpendicular  sides  the  container  shall  also  be 
marked  upon  the  outside  of  the  end  thereof  in  plain  figures  with  the 
apj>roixmate  number  of  peaches  in  the  box,  which  shall  be  within  four 
peaches  of  the  true  count. 

When  the  fresh  fruits  mentioned  in  this  section  are  packed  in  con- 
tainers known  to  the  trade  as  "lug"  boxes,  the  provisions  of  this  section 
aj>pertaiiiing  to  variety,  numerical   count  and   marking  shall  not   apply. 

§  8a.  Table  grapes.  'I'!i})le  grajies,  when  pacl-ed,  shall  be  of  practi- 
cally uniform  quality  and  shall  1)0  well  matured  and  show  a  sugar  con- 
tent of  not  less  than  seventeen   per  cent  Balling  scale,  except  Emperor, 


731  J^RUiT.  Act  1275b,  §§8b-10 

Gros  Coleman  and  Cornichon,  which  shall  show  not  less  than  sixteen 
per  cent  Balling  scale.  Each  crate  or  package  except  subcontainers 
shall  be  stamped  in  plain  letters  with  the  name  of  the  variety  of  grapes 
therein.  Each  container,  or  subcontainer,  shall  be  stamj^ed  in  plain  fig- 
ures and  letters  upon  one  end  with  a  minimum  net  weight,  and  no  con- 
tainer or  subcontainer  shall  contain  less  than  the  mimimum  stamped 
thereon.  Irregular  containers  in  addition  thereto,  shall  be  plainly 
marked  "irregular"  and  have  the  actual  gross  weight  stamped  thereon. 

§  8b.     Standard  containers  for  table   grapes.     "Irregular   containers." 

The  standard  containers  for  table  grapes  when  packed  shall  be: 

1.  Standard  crate,  which  after  packing  when  measured  at  the  end, 
shall  not  exceed  five  inches  between  the  top  and  bottom  and  when 
measured  in  the  center  shall  not  exceed  five  and  three-fourths  inches 
between  the  top  and  bottom  and  containing  a  minimum  net  weight  of 
not  less  than  twenty-four  pounds. 

2.  Double  crates  containing  a  minimum  net  weight  of  not  less  than 
forty-eight  pounds. 

3.  One-half  crates  containing  a  minimum  net  weight  of  not  less  than 
twelve  pounds. 

4.  Thirty  pound  lugs  containing  a  minimum  net  weight  of  not  less 
than  twenty  pounds. 

5.  Forty  pound  lugs  containing  a  minimum  net  weight  of  not  less 
than  thirty-two  pounds. 

6.  Fifty  pound  lugs  containing  a  minimum  net  weight  of  not  less  than 
forty-two  pounds. 

7.  Williams  lugs  containing  a  minimum  net  weight  of  not  less  than 
twenty-four  pounds. 

8.  Kegs  or  drums  packed  with  sawdust  or  other  preserving  material, 
containing  a  minimum  net  weight  of  not  less  than  twenty-nine  pounds 
and  a  maximum  net  weight  of  not  more  than  thirty-five  pounds. 

9.  All  other  containers  of  table  grapes  shall  be  "irregular"  containers. 

§  9.  Standard  container  for  berries.  The  standard  container  for  ber- 
ries shall  be:  Dry  quart  containing  an  interior  capacity  of  sixty-seven 
and  two-tenths  cubic  inches,  or  dry  pint  containing  an  interior  capacity 
of  thirty-three  and  six-tenths  cubic  inches,  or  dry  one-half  pint  contain- 
ing an  interior  capacity  of  sixteen  and  eight-tenths  cubic  inches,  or 
baskets  four  and  one-half  by  four  and  one-half  by  two  and  one-fourth 
in  depth,  or  baskets  four  and  one-half  by  four  and  one-half  by  two 
in  depth,  or  baskets  four  and  one-half  by  four  and  one-half  by  one  and 
three-eighths  in  depth;  all  measurements  are  in  inches  or  fractions  thereof. 
All  other  sizes  shall  be  marked  "irregular."  When  packed,  the  berries 
in  any  container  or  subcontainer  shall  be  practically  uniform  throughout 
the  container,  or  subcontainer,  in  quality,  color  and  maturity.  Irregular 
containers  shall  be  marked  "irregular." 

§  10.  Cantaloupes.  Cantaloupes  packed  in  containers  as  follows  shall 
be  known  as  standard  packed: 

Standard  crates  twelve  by  twelve  by  twenty-two  and  one-half  iuches 
containing  forty-five  or  thirty-six  cantaloupes; 


Act  1275b,  §§  lla-12        general  laws.  732 

Pony  crates  eleven  by  eleven  by  tvrenty-two  and  one-half  inelies  con- 
taining forty-five  or  fifty-four  cantaloupes; 

Jumbo  crates  thirteen  by  thirteen  by  twenty-two  and  one-half  inches 
containing  thirty-six  or  forty-five   cantaloupes; 

Standard  flats  four  by  twelve  by  twenty-two  and  one-half  inches  con- 
taining twelve  or  fifteen  cantaloupes; 

Jumbo  flats  four  and  one-half  by  thirteen  and  one-half  by  twenty-two 
and  one-half  inches  containing  twelve  or  fifteen  cantaloupes. 

All  measurements  herein  to  be  inside  measurements  without  distention. 

All  other  sizes  of  containers  when  packed  shall  be  marked  "irregular." 
All  standard  packs  shall  be  marked  "standard."  All  containers  when 
packed  shall  have  the  number  of  cantaloupes  contained  therein  stamped 
in  plain  figures  on  the  label  end  of  the  crates  with  figures  not  less  than 
one-half  inch  high.  All  cantaloupes  when  packed  shall  be  fully  netted 
of  uniform  size,  firm  and  mature,  free  from  bruises  and  practically  free 
from  aphis  honey  dew  and  other  defects. 

§  11a.  Sale  of  immature  or  frozen  citrus  fruits.  It  shall  be  unlawful  for 
anyone  to  sell,  offer  for  sale,  ship  or  deliver  for  shipment  any  citrus 
fruits,  which  are  immature  or  frozen  to  the  extent  of  injuring  the  repu- 
tation of  the  citrus  industry  of  the  state  of  California  if  shipped,  and 
for  anyone  to  receive  any  such  citrus  fruits  under  a  contract  of  sale, 
or  for  the  purpose  of  sale,  or  for  shipment,  or  for  delivery  for  shipment; 
provided,  however,  that  nothing  in  this  section  contained  shall  be  con- 
strued to  prevent  the  sale  or  shipment  for  sale  of  frozen  or  otherwise 
defective  fruit  to  a  by-product  factory,  or  the  manufacture  thereof  into 
citrus  by-products;  nor  shall  this  section  apply  to  the  sale,  or  contract 
for  sale,  of  citrus  fruits  on  the  trees,  nor  shall  it  apply  to  common  car- 
riers or  their  agents  who  are  not  interested  in  such  fruits  and  are  merely 
receiving  the  same  for  transportation. 

§  lib.  Matured  oranges.  An  orange  shall  be  deemed  properly  ma- 
tured for  sale,  or  to  be  offered  for  sale,  for  shipment  or  to  be  offered 
for  shipment,  under  the  provisions  of  this  act,  either  when  the  juice 
contains  soluble  solids  equal  to,  or  in  excess  of,  eight  parts  to  every 
part  of  acid  contained  in  the  juice,  the  acidity  of  the  juice  to  be  cal- 
culated as  citric  acid  without  water  of  crystallization,  or  when  the  orange 
is  substantially  colored  on  the  tree.  The  foregoing  provisions  shall  not 
apply  to  shipments  of  oranges  to  foreign  countries  other  than  the  Domin- 
ion of  Canada,  during  any  season,  provided  such  shipments  are  made 
after  the  first  day  of  November. 

§  12.  Name  marked  on  containers.  All  containers  of  fruit  of  a  kind 
specified  in  this  act,  except  subcontaincrs,  when  packed  and  offered  for 
i^ale,  shall  bear  upon  them  in  plain  sight  and  in  plain  letters  on  the 
outside  thereof,  the  name  of  tlie  orchard  where  the  same  was  produced, 
wilh  the  postoflicc  address  thereof,  or  the  name  and  postoffice  address 
of  the  person,  firm,  company  or  corporation,  or  organization  who  shall 
have  first  packed  or  authorized  the  packing  of  the  same,  or  the  name 
under  which  such  packer  shall  be  ciiganeil  in  business,  together  with  the 
postoffice   address   of   such   packer. 


733  FRUIT.  Act  1275b,  §§  13-16 

§  13.  Office  of  "inspector  of  fresh  fruits"  created.  "Inspectors  in 
chief  of  fresh  fruits."  The  oflice  of  "inspector  of  fresh  fruits"  is  hereby 
created  for  each  and  every  county  in  the  state.  The  horticultural  com- 
missioner of  each  county,  and  all  deputy  horticultural  commissioners 
shall  be  ex-officio  inspectors  of  fresh  fruits  thereof,  and  the  district  in- 
spectors under  each  county  horticultural  commissioner  are  exofiicio 
"deputy  inspectors  of  fresh  fruits"  in  their  respective  districts.  The 
board  of  supervisors  shall  appoint  as  many  deputy  "inspectors  of  fresh 
fruits"  as  are  necessary  to  carry  out  the  provisions  of  this  act.  Their 
term  of  office  shall  be  for  such  time  as  is  deemed  necessary  by  said 
board  of  supervisors.  For  the  purpose  of  creating  and  securing  unit}'  in 
inspection,  the  offices  of  "inspectors  in  chief  of  fresh  fruits"  are  hereby 
created,  and  the  state  commissioner  of  horticulture  and  his  chief  deputy, 
for  the  purposes  of  this  act,  are  hereby  made  ex-officio  such  inspectors 
in  chief  and  shall,  where  there  is  a  dispute  or  difference  between  the 
inspectors  of  fresh  fruits  of  two  or  more  counties,  or  where  the  inter- 
pretation of  inspection  standards  between  two  or  more  counties  differs 
materially,  have  the  power  and  authority  to  settle  the  dispute  between 
the  inspectors  of  fresh  fruit  of  such  counties  and  to  fix  reasonable 
standards  between  such  counties  where  they  materially  differ. 

§  14.     Appointment  when  no  commissioner  of  horticulture.     If  in  any 

county  or  city  and  county  of  this  state,  there  is  no  commissioner  of 
horticulture,  it  shall  be  the  duty  of  the  board  of  supervisors  thereof  to  . 
appoint  an  inspector  of  fresh  fruits  and  such  deputy  inspectors  of  fresh 
fruits  as  the  said  board  of  supervisors  shall  deem  necessary.  Such  in- 
spectors and  deputy  inspectors  of  fresh  fruits  shall  be  appointed  to 
serve  for  such  time  during  each  year  as  fresh  fruits  are  being  packed 
or  shipped  in  said  county  or  city  and  county.  The  salary  of  an  ispector 
of  fresh  fruits  shall  be  five  dollars  per  day  and  necessary  traveling  ex- 
penses. The  salary  of  a  deputy  inspector  of  fresh  fruits  shall  be  three 
dollars  and  fifty  cents  per  day  and  necessary  traveling  expenses. 

§  15.     Deputy  state  commissioner  of  horticulture  assigned,  when.     In 

case  the  board  of  supervisors  of  any  county,  or  city  and  county,  shall 
fail  or  neglect,  for  thirty  days  after  receipt  of  a  written  request  from 
the  state  commissioner  of  horticulture,  to  appoint  an  inspector  of  fresh 
fruits,  or  necessary  deputy  inspectors  of  fresh  fruits  for  such  county,  or 
city  and  county,  then  the  said  state  commissioner  of  horticulture  shall 
forthwith  assign  to  said  county,  or  city  and  county,  one  or  more  deputy 
state  commissioners  of  horticulture,  as  he  shall  deem  necessary,  and  such 
deputy  or  deputies  shall  perform  all  of  the  duties,  within  the  said  county 
or  city  and  county  to  which  assigned,  as  is  provided  in  this  act  to  be 
performed  by  an  inspector  of  fresh  fruits.  The  actual  cost  of  services 
rendered  by  an  inspector  or  deputy  inspector,  as  the  case  may  be,  of 
fresh  fruits,  assigned  to  any  county  in  pursuance  hereof,  together  with 
his  necessary  traveling  expenses  shall  be  a  county  charge  and  shall  be 
paid  in  the  same  manner  in  which  other  claims  against  the  county  are 
paid.  I  ":^|*«' 

§  16.     Removal.     Vacancy.     The  board  of  supervisors  shall  remove  any 
inspector  of  fresh   fruits  and  the  inspector  of  fresh  fruits  shall  remove 


Act  1275b,  §§  17a-19        general  laws.  734 

any  deputy  iiopn  proper  showing  of  neglect  of  duty,  malfeasance  in 
office,  or  general  unfitness  for  office.  W'iienever  a  vacancy  in  the  office 
of  inspector  of  fresh  fruits  or  depupty  inspector  of  fresh  fruits  occurs, 
the  vacancy  shall  immediately  be  filled  by  the  appointing  power. 

§  17a.  Power  of  inspector.  Every  inspector  of  fresh  fruits  and  every 
deputy  inspector  of  fresh  fruits  shall  have  power  to  enter  and  to  inspect 
every  place  within  the  county  for  which  he  has  been  apfjointed  where 
any  fruit  mentioned  in  this  act  is  produced,  packed,  shipped,  delivered 
for  shipment,  offered  for  sale  or  sold,  and  to  inspect  such  places  and 
all  such  fruits  and  the  containers  thereof  and  the  equipment  found  in  any 
such,  places. 

§  17b.  Duty  of  inspector.  It  shall  be  the  duty  of  the  inspectors  or 
deputy  inspectors  of  fresh  fruit  in  their  respective  districts  to  enforce 
the  provisions  of  this  act  and  to  cause  the  prosecution  of  any  person, 
firm,  corporation  or  organization,  whom  they  know  or  have  reason  to 
believe  is  guilty  of  the  violation  of  its  provisions. 

§  17c.  Inspectors  have  powers  of  peace  officers.  An  inspector  or  dep- 
uty inspector  of  fresh  fruits  in  the  performance  of  their  duties  shall  have 
the  same  powers  as  are  possessed  by  peace  officers  of  the  city,  county 
or  state  and  shall  have  the  right  while  exercising  such  police  powers 
to  seize  and  hold  as  evidence  such  amount  of  any  pack,  load,  consign- 
ment or  shipment  of  fresh  fruit  packed  in  violation  of  this  act,  as  may 
in  his  judgment  be  necessary  to  secure  the  conviction  of  the  party  he 
knows  or  believes  has  violated  or  is  violating  this  act. 

§  17d.  Duty  of  district  attorney.  It  shall  be  the  duty  of  the  district 
attorney  of  each  and  every  county  in  the  state  to  prosecute  all  persons 
charged  with  any  violation  of  this  act. 

§  18.  Lawful  to  refuse  shipments  in  violation  of  act.  It  shall  be  law- 
ful for  any  fresh  fruit  forwarding  person,  firm,  corporation  or  organiza- 
tion and  for  any  common  carrier  to  decline  to  accept  for  shipment  or 
transportation  and  to  decline  to  ship  or  transport  any  fresh  fruits  which 
upon  inspection  are  found  to  be  packed  in  violation  of  the  provisions 
of  this  act,  and  any  such  fruit  forwarder  or  common  carrier  may  reserve 
the  right  in  any  receipt,  bill  of  lading  or  other  writing  given  to  the  con- 
signor, thereof,  to  reject  for  shipment  and  to  return  to  such  consignor  or 
hold  at  the  expense  and  risk  of  the  latter,  all  fresh  fruits  which  upon 
inspection  are  found  to  be  packed  in  violation  of  the  provisions  of  this 
act. 

§  19.  Penalty  for  violation.  No  person,  firm,  corporation,  company  or 
organization  shall  pack  or  cause  to  be  packed  for  sale,  or  shipment,  or 
shall  ship  or  sell  or  offer  for  sale  fruit  which,  or  the  container  or  sub- 
tontainer  in  which,  the  same  shall  be  contained,  shall  in  any  respect  fail 
to  comply  with  the  requirements  of  this  act. 

.\ny  person,  firm,  corporation,  company  or  organization  who  shall 
violate  Iho  provisions  of  this  act  shall  be  deemed  to  be  guilty  of  a  mis- 
demeanor. 


735  GAME  LAWS.         Acts  1295b,  1295d,  §  1 

§20.  Conflicting  laws.  All  laws  in  conflict  .with  this  act  or  any  part 
thereof  arc  hereby  rejjealed  only  in  so  far  as  they  may  conflict  with  any 
of  the  provisions  of  this  act. 

§  21.  Constitutionality.  If  any  section,  subsection,  sentence,  clause, 
or  phrase  of  this  act  is  for  any  reason  held  to  be  unconstitutional,  such 
decision  shall  not  affect  the  validity  of  the  remaining  portions  of  this 
act.  The  legislature  hereby  declares  that  it  would  have  passed  this  act, 
and  each  section,  subsection,  sentence,  clause,  or  phrase  thereof,  irre- 
spective of  the  fact  that  any  one  or  more  other  sections,  subsections, 
sentences,  clauses  or  phrases  be  declared  unconstitutional. 

TITLE  209. 

GAME  LAWS. 

ACT  1295b. 

An  act  to  divide  the  state  of  California  into  fish  and  game  districts  and 
to  repeal  an  act  entitled  "An  act  to  divide  the  state  of  California 
into  six  fish  and  game  districts,"  approved  March  21,  1911,  and  all 
acts  or  parts  of  acts  inconsistent  herewith.  [Approved  May  19,  1915. 
Stats.  1915,  p.  589.] 

Repealed  1917;   Stats.  1917,  p.  1047. 
See  post,  Act  1295d. 

ACT  1295d. 

An  act  to  divide  the  state  of  California  into  fish  and  game  districts  and 
to  repeal  an  act  entitled  "An  act  to  divide  the  state  of  California 
into  fish  and  game  districts  and  to  repeal  an  act  entitled  'An  act  to 
divide  the  state  of  California  into  six  fish  and  game  districts,'  ap- 
proved March  21,  1911,  and  all  acts  or  parts  of  acts  inconsistent 
herewith,"  approved  May  19,  1915. 

[Approved  May  28,  1917.     In  effect  July  27,  1917.] 

§  1.  State  divided  into  fish  and  game  districts.  The  state  of  Cali- 
fornia is  hereby  divided  into  fish  and  game  districts  to  be  known  and 
designated  as:  Fish  and  game  district  one,  fish  and  game  district  one  "A," 
fish  and  game  district  one  "B,"  fish  and  game  district  one  "C,"  fish  and 
game  district  one  "D,"  fish  and  game  district  one  "E,"  fish  and  game 
district  one  "F,"  fish  and  game  district  one  "G,"  fish  and  game  district 
one  "H,"  fish  and  game  district  one  "I,"  fish  and  game  district  one  "J," 
fish  and  game  district  one  "K,"  fish  and  game  district  one  "L,"  fish  and 
game  district  two,  fish  and  game  district  two  "A,"  fish  and  game  district 
three,  fish  and  game  district  three  "A,"  fish  and  game  district  three  "B," 
fish  and  game  district  three  "C,"  fish  and  game  district  three  "D,"  fish 
and  game  district  four,  fish  and  game  district  four  "A,"  fish  and  game 
district  four  "B,"  fish  and  game  district  four  "C,"  fish  and  game  district 
four  "D,"  fish  and  game  district  four  "E,"  fish  and  game  district  four 
"F,"  fish  and  game  district  five,  fish  and  game  district  six,  fish  and  game 
district  seven,  fish  and  game  district  seven  "A,"  fish  and  game  district 
eight,  fish  and  game  district  nine,  fish  and  game  district  ten,  fish  and 
game  district  eleven,  fish  and  game  district  twelve,  fish  and  game  district 


Act  1295d,  §§  2, 3  general  laws.  736 

twelve  "A,"  fish  and  game  district  twelve  "B,"  fish  and  game  district 
thirteen,  fish  and  game  district  fourteen,  fish  and  game  district  fifteen, 
fish  and  game  district  sixteen,  fish  and  game  district  seventeen,  fish  and 
game  district  eighteen,  fish  and  game  district  nineteen,  fish  and  game 
district  twenty,  fish  and  game  district  twenty  "A,"  fish  and  game  dis- 
trict, twenty-one,  fish  and  game  district  twenty-two,  fish  and  game  dis- 
trict twenty-three,  fish  and  game  district  twenty-four,  fish  and  game  dis- 
trict twenty-five,  and  fish  and  game  district  twenty-six. 

§  2.     One.     Fisli  and  game  district  one  shall  consist  of  and  include  the 
following   counties:   Yuba,   Calaveras,   Tuolumne,   Mariposa,   Madera  and 
Kings  and  those  portions  of  Del  Norte  county  not  included  in  fish  ami 
game   districts   five  and  six;    those  portions   of   Siskiyou  county   not   in- 
cluded in  fish  and  game  district  one  "A";  those  portions  of  Modoc  county 
not  included  in  fish  and  game  districts  one  "B"  and  one  "C";  those  por- 
tions of  Humboldt   county  not   included   in   fish   and  game   districts   six, 
seven,  seven  "A,"  eight  and  nine;   those  portions  of  Trinity  county  not 
included   in   fish   and   game   district   one   "B";    those    portions   of   Shasta 
county  not  included  in  fish  and  game  district  one  "E";  those  portions  of 
Lassen  county  not  included  in  fish  and  game  districts  one  "F"  and  twenty- 
five;  those  portions  of  Tehama  county  not  included  in  fish  and  game  dis- 
tricts one  "G"  and  twelve  "A";  those  portions  of  Plumas  county  not  in- 
cluded in  fish  and  game  districts  one  "H"  and  twenty-five;  those  portions 
of  Butte  county  not  included  in  fish  and  game  districts  twelve  "A"  and 
twelve   "B";   those   portions   of   Sutter   county   not  included   in  fish   and 
game  district  twelve  "B";  those  portions  of  Sierra  and  Nevada  counties 
not  included  in  fish   and   game   district   twenty-three;   those   portions   of 
Placer  county  not  included  in  fish  and  game  district  twenty-three;  those 
portions  of  El  Dorado  county  not  included  in  fish  and  game  districts  one 
"I"  and  twenty-three;  those  portions  of  Sacramento  county  not  included 
in  fish  and  game  district  twelve  "B";   those  portions  of  Amador  county 
not  included  in  fish  and  game  districts  one  "J"  and  twenty-four;   those 
portions  of  Alpine   county  not   included  in  fish   and   game   districts   one 
"J"  and  twentj'^-four;   those   portions  of  San  Joaquin  county  lying  east 
and  north  of  the  east  or  right-hand  bank  of  San  Joaquin  river  and  not 
included  in  fish  and  game  districts  three  and  twelve  "B";  those  portions 
of   Stanislaus   county  lying  east  of   the   west  bank   of  the  San  Joaquin 
river;  those  portions  of  Merced  county  lying  east  of  the  west  bank  of  the 
San  .Joaquin  river;  those  portions  of  Fresno  county  lying  east  of  the  west 
bank  of  Fresno  slough,  Fish  slough  and  Summit  lake  not  included  in  fish 
and    game    districts   one    "K"    and    twenty-six;    tliose    portions    of    Kern 
county  lying  oast  of  the  west  bank  of  Bull  slough  and  the  west  and  south 
banks  of  Buena  Vista  lake  to  the  southeast  corner  of  said  lake  and  lying 
north  of  a  line  extended  from  this   point  directly  east  and  intersecting 
the  Tejon  state  highway  and  lying  east  of  the  said  state  highway  from 
the  above-mentioned  point  of  intersection  to  where  the  said  state  high- 
way crosses  the  northern  boundary  line  of  Los  Angeles  county,  not  in- 
clu<lfd    in    fish    ami    g.'iine   dislrirt   oiio   "T/'   and   those   jiortions   of  Tulare 
coiiiily   not    incliiili'il   in    fish  ;in(l  game  disli'ict  ()ii(>  "!>." 

§3.      One   "A."      Fisli    ;iiil    ^mihc    district   one    "A"'    shall    consist  of   and 
include   all   of   .sections    tliirl.ccn    1o   tliirty  six,    inclusive,   township   forty- 


737  GAAJE  LAWS.  Act  1295d,  i;^  -t-ii 

seven  north,  raii^e  uine  west;  all  of  sections  one  to  six,  inclusive,  town- 
ship forty-six  north,  range  nine  west;  all  those  portions  of  sections  seven 
to  thirteen,  inclusive,  township  forty-six  north,  range  nine  west;  lying 
north  of  and  including  the  waters  of  the  Klamath  river  in  the  said  sec- 
tions, all  lying  within  the  county  of  Siskiyou. 

§4.  One  "B."  Fish  and  game  district  one  "B"  shall  consist  of  and 
include  all  lands  within  the  county  of  Modoc  lying  within  the  following 
boundaries:  Starting  at  a  point  where  Boles  creek  crosses  the  national 
forest  boundary  in  section  twenty-nine,  township  forty-six  north,  range 
nine  east;  thence  along  said  Boles  creek  to  a  point  where  the  creek 
crosses  the  section  line  between  sections  nine  and  ten,  township  forty- 
five  north,  range  nine  east;  thence  due  south  to  where  the  Deer  hill  and 
Canby  wagon  road  crosses  the  section  line  between  sections  thirty-three 
and  thirty-four,  township  forty-three  north,  range  nine  east;  thence  in 
a  northwesterly  direction  along  said  wagon  road  to  where  it  crosses  the 
national  forest  boundary;  thence  along  said  boundary  to  ])lace  of  begin- 
ning. 

§5.  One  "C."  Fish  and  game  district  one  "C"  sluill  consist  of  and 
include  all  lands  within  the  i-onnty  of  Modoc  within  the  following 
boundaries:  Beginning  at  the  Jiorthwest  corner  of  section  three,  town- 
ship forty-one  north,  range  fourteen  east;  thence  in  a  southeasterly  direc- 
tion along  the  summit  of  the  main  ridge  between  Shield's  creek  and  Pine 
creek  to  the  summit  of  the  Warner  mountains  to  the  north  of  Warner 
peak  (Buck  Mt.)  in  section  eleven,  township  forty-one  north,  range  fif- 
teen east;  thence  in  a  southerly  direction  along  the  summit  of  the  War- 
ner mountains  to  the  first  peak  south  of  Pine  creek  basin,  near  the 
quarter  section  corner  between  sections  thirty-five  and  thirty-six,  town- 
ship forty-one  north,  range  fifteen  east;  thence  in  a  westerly  direction 
along  the  main  ridge  south  of  the  north  fork  of  Fitzhugh  creek  to  the 
national  forest  boundary  in  section  thirty-three,  township  forty-one 
north,  range  fourteen  east;  thence  along  said  boundary  to  place  of 
beginning. 

§6.  One  "D."  Fish  and  game  district  one  "D"  shall  consist  of  and 
include  that  certain  territory  embraced  in  the  Trinity  national  forest, 
more  particularly  described  as  follows,  to  wit: 

(a)  Sections  nineteen,  thirty,  thirty-one  and  thirty-two  of  township 
thirty-four  north,  range  eleven  west;  sections  five,  six,  seven,  eight, 
seventeen,  eighteen,  nineteen,  twenty,  thirty,  and  thirty-one  of  township 
thirty-three  north,  range  eleven  west;  sections  one,  two,  three,  four,  nine, 
ten,  eleven,  twelve,  thirteen,  fourteen,  fifteen,  sixteen,  twenty-one, 
twenty-two,  twenty-three,  twentj'-four,  twenty-five,  twenty-six,  twenty- 
seven,  twenty-eight,  thirty-three,  thirty-four,  thirty-five,  thirty-six  of 
township  thirty-four  north,  range  twelve  west;  sections  one,  two,  three, 
four,  nine,  ten,  eleven,  twelve,  thirteen,  fourteen,  fifteen,  sixteen,  nine- 
teen, twenty,  twenty-one,  twenty-two,  twenty-thjee,  twenty-four,  twenty- 
five,  twenty-six,  twenty-seven,  twenty-eight,  twenty-nine,  thirty,  thirty- 
one,  thirty-two,  thirty-three,  thirty-four,  thirty-five,  thirty-six  of  town- 
ship thirty-three  north,  range  twelve  west;  sections  one,  two,  three,  four. 
47 


Actl295d,  §§7-9  general  laws.  738 

five,  six,  seven,  eight,  nine,  ten,  eleven,  twelve,  thirteen,  fourteen,  fifteen, 
sixteen,  seventeen,  eighteen,  nineteen,  twenty,  twenty-one,  twenty-two, 
twenty-nine  and  thirty  of  township  thirty-two  north,  range  twelve  west; 
all  in  Mount  Diablo  base  and  meridian  in  the  state  of  California;  and 

(b)  Sections  twenty-eight,  thirty-one,  thirty-two,  thirty-three  of  town- 
ship four  north,  range  eight  east;  and  sections  four,  five,  six,  seven,  eight, 
nine,  sixteen,  seventeen,  eighteen,  nineteen,  twenty,  twenty-one,  twenty- 
eight,  twenty-nine,  thirty,  thirty-two,  thirty-three,  towship  three  north, 
range  eight  east;  all  in  Humboldt  base  and  meridian  in  the  state  of 
California. 

§7.  One  "E."  Fish  and  game  district  one  "E"  shall  consist  of  and 
include  all  lauds  lying  within  the  county  of  Shasta  within  the  following 
boundaries:  Beginning  at  a  point  on  the  McCloud  river  where  the  town- 
ship line  between  townships  thirty-six  and  thirty-seven  north,  range 
three  west,  crosses  the  McCloud  river;  thence  in  a  southerly  direction 
following  the  east  bank  of  said  river  to  the  point  where  the  ridge  north 
of  Mathless  creek  meets  the  McCloud  river;  thence  in  an  easterly  direc- 
tion along  the  summit  of  said  ridge  and  along  the  summit  of  the  ridge 
dividing  the  Salt  creek  drainage  area  from  the  Nasoni  creek  drainage 
area;  thence  along  the  summit  of  the  ridge  dividing  the  Salt  creek  drain- 
age area  and  the  north  fork  of  Squaw  creek  to  Squaw  creek;  thence 
northerly  along  the  west  bank  of  said  creek  to  the  point  where  the  town- 
ship line  between  townships  thirty-six  and  thirty-seven  north,  range  two 
west,  crosses  the  said  creek;  thence  due  west  along  the  said  township  line 
and  along  the  township  line  between  townships  thirty-six  and  thirty- 
seven  north,  range  three  west,  to  the  point  of  beginning. 

§  8.  One  "F."  Fish  and  game  district  one  "F"  shall  consist  of  and 
Include  all  lands  "within  the  county  of  Lassen  within  the  following  bound- 
aries: Comprising  an  area  including  all  of  townships  thirty-two  and 
thirty-three  north,  range  ten  east,  and  all  of  that  portion  of  township 
thirty-two  north,  range  eleven  east,  falling  on  the  west  side  of  Eagle 
lake.^ 

§  9.  One  "G."  Fisli  and  game  di^^trict  one  "G"  shall  consist  of  and 
include  all  lands  within  the  county  of  Tehama  within  the  following 
boundaries:  Commencing  at  a  point  in  section  eighteen,  township  twenty- 
five  north,  range  two  east,  where  Deer  creek  intersects  the  range  line 
between  ranges  two  and  three  east  and  running  thence  north  along  the 
range  line  between  ranges  one  and  two  east,  allowing  for  proper  offsets 
and  corrections,  to  the  northeast  corner  of  section  thirty-six,  township 
twenty-seven  north,  range  one  east;  thence  west  to  a  point  where  Mill 
creek  intersects  the  national  forest  boundary;  thence  in  a  northeasterly 
direction  along  the  main  channel  of  Mill  creek  to  a  point  where  the  said 
creek  crosses  tiie  range  line  between  ranges  two  and  three  east;  thence 
south  along  the  range  line  between  ranges  two  and  three  east,  to  the 
southeast  corner  of  section  twenty-five,  township  twenty-seven  north, 
range  two  east;  thence  west  to  the  southwest  corner  of  said  section 
twenty-five;  thence  south  to  tlie  southeast  corner  of  section  thirty-five, 
township   twenty-seven    nortli,   range   two   cast;    thence   east   along  town- 


739  GAME  LAWS.  Act  1295(1,  §§  1 0-12 

ship  line  to  a  poiut  where  Deer  creek  intersects  the  township  line  be- 
tween township  twenty-six  north  and  township  twenty-seven  north; 
thence  in  a  southwesterly  direction  along  the  main  channel  of  Deer 
creek  to  the  point  of  beginning. 

§  10.  One  "H."  Fish  and  game  district  one  "H"  shall  consist  of  and 
include  all  lands  within  the  county  of  Plumas  within  the  following  bound- 
aries: Beginning  at  the  confluence  of  Willow  creek  with  the  Feather 
river  below  Hartman  bar;  thence  northerly  along  Willow  creek  to  where 
the  Claremont  stock  driveway  crosses  the  head  of  this  stream;  thence 
in  an  easterly  direction  along  the  Claremont  stock  ariveway  to  Clare- 
mont peak;  thence  south  along  the  summit  of  the  ridge  to  the  middle 
fork  of  the  Feather  river;  thence  southwesterly  along  the  Feather  river 
to  the  point  of  beginning. 

§  11.  One  "I."  Fish  and  game  district  one  "I"  shall  consist  of  and 
include  all  lands  within  the  county  of  El  Dorado  within  the  following 
boundaries:  Commencing  at  the  junction  of  the  North  fork  of  the  Middle 
fork  of  the  American  river,  and  the  Middle  fork  of  the  American  river; 
thence  northeasterly  up  the  North  fork  of  the  Middle  fork  to  Grouse 
creek;  thence  northeasterly  up  main  Grouse  creek  to  its  intersection  with 
the  township  line  between  townships  fifteen  north  and  fourteen  north, 
range  thirteen  east;  thence  easterly  along  said  township  line  to  the 
township  corner  of  township  fifteen  north,  ranges  thirteen  and  fourteen 
east;  thence  south  along  range  line  between  township  fourteen  north, 
ranges  thirteen  and  fourteen  east  to  the  corner  of  sections  twelve  and 
thirteen,  township  fourteen  north,  range  thirteen  east  and  sections  seven 
and  eighteen,  township  fourteen  north,  range  fourteen  east;  thence 
easterly  along  line  between  sections  seven  and  eighteen,  sections  eight 
and  seventeen  to  the  Big  Meadow  trail;  thence  southerly  along  said 
Big  Meadow  trail  to  the  line  between  sections  twenty  and  twenty-nine, 
township  fourteen  north,  range  fourteen  east;  thence  east  along  said 
section  line  to  the  Rubicon  river;  thence  southwesterly  down  the  Rubi- 
con river  to  intersection  of  the  line  between  sections  six  and  seven,  town- 
ship thirteen  north,  range  fourteen  east;  thence  west  along  said  section 
line  to  range  line  between  township  thirteen  north,  ranges  thirteen  east 
and  fourteen  east;  thence  west  along  line  between  sections  one  and 
twelve,  township  thirteen  north,  range  thirteen  east  to  Wallace  canyon 
creek;  thence  southwesterly  down  W^allace  canyon  creek  to  its  confluence 
with  Long  canyon;  thence  westerly  down  Long  canyon  to  its  confluence 
with  the  Rubicon  river;  thence  westerly  down  said  river  to  its  con- 
fluence with  the  Middle  fork  of  tlie  American  river;  thence  down  said 
river  to  place  of  beginning. 

§  12.  One  "J."'  Fish  and  game  district  one  "J"  shall  consist  of  and 
include  all  lands  within  the  counties  of  Amador  and  Alpine  within  the 
following  boundaries:  Commencing  at  a  point  between  sections  thirteen 
and  eighteen,  township  eight  north,  range  fourteen  and  fifteen  east, 
where  the  Alpine  state  highway  enters  section  eighteen,  township  eight 
north,  range  fifteen  east;  thence  northeasterly  along  the  south  side  of 
said  Alpine  highway  right  of  way  to  the  corner  of  townships  eight  and 


Act  1295d,  §§  13-16  general  laws.  740 

nine  north,  ranges  fifteen  and  sixteen  east;  thence  east  along  line  be- 
tween townships  fight  and  nine  north,  range  sixteen  east;  thence  east 
along  line  between  townships  eight  and  nine  north,  range  seventeen  east, 
to  the  intersection  of  Cedar  Camp  trail;  thence  southerly  along  Cedar  Camp 
trail  to  intersection  of  said  Cedar  Camp  trail  with  the  Mokelumne  river; 
thence  down  the  north  bank  of  the  Mokelumne  river  in  a  southwesterly 
direction  to  the  intersection  of  range  line  between  township  seven  north, 
ranges  fourteen  and  fifteen  east;  thence  north  along  range  line  between 
township  eight  north,  ranges  fourteen  and  fifteen  east  to  the  intersection 
of  Alpine  state  highway  to  the  place  of  beginning. 

§  13.  One  "K."  Fish  and  game  district  one  "K"  shalll  consist  of  and 
include  all  lands  in  the  county  of  Fresno  within  the  following  boundaries: 
Beginning  at  the  confluence  of  the  north  fork  of  Kings  river;  and  the  mid- 
dle fork  of  Kings  river;  thence  easterly  along  the  summit  of  the  divide 
separating  the  drainage  area  of  the  north  fork  of  Kings  river  from  the 
drainage  area  of  the  middle  fork  of  Kings  river  to  Spanish  mountain; 
thence  southeasterly  along  the  summit  of  Tombstone  ridge,  which  separ- 
ates the  drainage  area  of  Crown  creek  from  that  of  Tombstone  creek,  to 
the  middle  fork  of  Kings  river;  thence  westerly  along  the  north  bank  of 
the  middle  fork  of  Kings  river  to  the  point  of  beginning. 

§  14,  One  "L."  Fish  and  game  district  one  "Ij"  shall  consist  of  and 
include  the  area  composing  the  watershed  of  Chimney  cre^k  north  of  the 
Sequoia  national  forest  boundary  and  all  of  the  watershed  of  Long 
valley;  all  lying  within  the  counties  of  Tulare  and  Kern. 

§  15.  Two.  Fish  and  game  district  two  shall  consist  of  and  include 
all  those  portions  of  Mendocino  county  not  included  in  fish  and  game 
districts  ten  and  two  "A";  all  those  portions  of  Glenn  county  not  in- 
cluded in  fish  and  game  districts  two  "A"  and  twelve  "A";  all  those 
portions  of  Lake  county  not  included  in  fish  and  game  district  two  "A"; 
all  those  portions  of  Colusa  county  not  included  in  fish  and  game  districts 
twelve  "A"  and  twelve  "B";  all  those  portions  of  Yolo  county  not  in- 
cluded in  fish  and  game  district  twelve  "B";  all  those  portions  of  Solano 
county  not  included  in  fish  and  game  districts  twelve  and  twelve  "B"; 
all  those  portions  of  Napa  county  not  included  in  fish  and  game  district 
twelve;  all  those  portions  of  Sonoma  county  not  included  in  fish  and 
game  districts  ten  and  twelve;  all  those  portions  of  Marin  county  not 
included  in  fish  and  game  districts  ten,  eleven  and  twelve. 

§  16.  Two  "A."  Fish  and  game  district  two  "A"  shall  consist  of  and 
include  all  lands  lying  within  the  following  boundaries,  located  in 
counties  of  Mendocino,  Lake  and  Glenn:  Beginning  at  the  summit  of 
Hull  iiiountaiii  in  Mendocino  county,  in  the  southwest  corner  of  section 
two,  towusiiijt  irnicleen  north,  range  ten  west;  thence  in  a  northeasterly 
direction  down  11  nil  creek  (sometimes  known  as  Red  Rock  creek)  to  its 
junction  with  Sand  creek,  thence  southeasterly  down  Sand  creek  to  its 
junction  with  (Jorbin  creek,  thence  in  an  easterly  direction  up  Corbin 
creek  to  section  thirty-six,  township  twenty  north,  range  eight  west, 
thence  in  a  southerly  direction  up  a  ravine  to  the  Sheetiron-Elk  Creek 
road  on  the  summit  of  the  Coast  Range  mountains  in  section  twelve, 


741  GAME  LAWS.  Act  1295d,  §§  17, 18 

township  nineteen  north,  range  eight  west,  thence  southwesterly  along 
the  road  and  summit  over  Sheetiron  mountain  to  Low  gap,  where  the 
Bloody  Rock  trail  crosses  the  summit  in  section  twenty-seven,  township 
nineteen  north,  range  eight  west,  thence  in  a  westerly  direction  down 
the  Bloody  Bock  trail  and  Cold  creek  to  South  Eel  river  in  section 
twenty-six,  township  nineteen  north,  range  nine  west,  thence  down  the 
river  to  the  mouth  of  a  ravine  in  the  southeast  quarter  of  section  twenty- 
seven,  township  nineteen  north,  range  nine  west,  thence  in  a  north- 
westerly direction  up  the  ravine  through  sections  twenty-seven  and 
twenty-eight  to  the  summit  of  Board  man  ridge  thence  in  a  northwesterly 
direction  up  Boardman  ridge  to  the  summit  of  Hull  mountain. 

§  17.  Three.  Fish  and  game  district  three  shall  consist  of  and  include 
those  portions  of  Contra  Costa  county  not  included  in  fish  and  game  dis- 
tricts twelve  and  twelve  "B";  those  portions  of  San  Joaquin  county  not 
included  in  fish  and  game  districts  one  and  twelve  "B";  those  portions 
of  Alameda  county  not  included  in  fish  and  game  districts  twelve  and 
thirteen;  those  portions  of  San  Francisco  county  not  included  in  fish  and 
game  districts  ten,  eleven,  twelve  and  thirteen;  those  portions  of  San 
Mateo  county  not  included  in  fish  and  game  districts  ten  and  thirteen; 
those  portions  of  Santa  Clara  county  not  included  in  fish  and  game 
district  thirteen;  those  portions  of  Santa  Cruz  county  not  included  in 
fish  and  game  districts  three  "A,"  ten,  fourteen,  fifteen  and  seventeen; 
those  portions  of  San  Benito  county  not  included  in  fish  and  game  dis- 
trict three  "B";  those  portions  of  Monterey  county  not  included  in  fish 
and  game  districts  sixteen,  seventeen  and  eighteen;  those  portions  of 
San  Luis  Obispo  county  not  included  in  fish  and  game  district  eighteen; 
those  portions  of  Santa  Barbara  county  not  included  in  fish  and  game 
districts  three  "C"  and  nineteen;  those  portions  of  Ventura  county  not 
included  in  fish  and  game  districts  three  "D"  and  nineteen;  those  por- 
tions of  Stanislaus  county  not  included  in  fish  and  game  district  one; 
those  portions  of  Merced  county  not  included  in  fish  and  game  district 
one;  those  portions  of  Fresno  county  not  included  in  fish  and  game 
districts  one,  one  "K"  and  twenty-six;  those  portions  of  Kern  county 
not  included  in  fish  and  game  districts  one  and  one  "L." 

§  18.  Three  "A."  Fish  and  game  district  three  "A"  shall  consist  of 
and  include  that  certain  territory  embraced  in  California  Redwood  Park, 
Santa  Cruz  county,  commonly  known  as  the  "Big  Basin,"  and  more  par- 
ticularly described  as  follows,  to  wit: 

The  east  half  and  the  east  half  of  the  west  half  of  section  one,  the 
north  half  of  the  northeast  quarter  and  the  northeast  quarter  of  the  north- 
west quarter  of  section  twelve,  all  in  township  nine  south,  range  four 
west;  the  west  half  of  section  four,  all  of  sections  five  and  six,  the  north 
half  of  the  northwest  quarter,  the  northeast  quarter,  the  east  half  of  the 
southeast  quarter  of  section  seven,  the  north  half,  the  southwest  quarter, 
the  north  half  of  the  southeast  quarter  and  the  southwest  quarter  of  the 
southeast  quarter  of  section  eight,  the  north  half  of  the  northwest 
quarter,  the  southwest  quarter  of  the  northwest  quarter  and  the  north- 
west quarter  of  the  southwest  quarter  of  section  nine,  all  in  township 
nine  south,  range  three  west;  all  that  portion  of  the  southwest  quarter 


Act  1295d,  §§  19-22  general  laws.  742 

of  section  twenty-eight  lying  south  and  west  of  the  road  known  as  the 
"China  grade,"  all  that  portion  of  the  east  half  of  section  twenty-nine 
lying  south  and  west  of  said  "China  grade,"  the  east  half  of  section 
thirty-two,  the  southwest  quarter  and  that  portion  of  the  northwest 
quarter  of  section  thirty-three  lying  south  of  said  "China  grade,"  all  in 
township  eight  south,  range  three  west;  all  townships  and  ranges  men- 
tioned herein  being  referred  to  Mount  Diablo  base  line  and  meridian. 

§  19.  Three  "B."  Fish  and  game  district  three  "B"  shall  consist  of 
and  include  those  certain  lands  within  the  counties  of  San  Benito  and 
Monterey  embraced  within  the  Pinnacles  National  Monument,  and  more 
particularly  described  as  follows,  to  wit:  All  of  sections  twenty  to 
twenty-nine,  inclusive,  all  of  sections  thirty-three,  thirty-four  and  thirty- 
five  and  the  west  half  of  section  thirty-six  of  township  sixteen  south, 
range  seven  east;  the  west  half  of  section  one,  all  of  sections  two  and 
three,  the  east  half  of  section  four,  the  east  half  of  section  nine,  all  of 
sections  ten  and  eleven,  the  west  half  of  section  twelve,  the  west  half 
of  section  thirteen  and  all  of  sections  fourteen  and  fifteen  of  township 
seventeen  south,  range  seven  east.  All  townships  and  ranges  mentioned 
herein  being  referred  to  Mount   Diablo  base  and  meridian. 

§  20.  Three  "C."  Pish  and  game  district  three  "C"  shall  consist  of 
aud  include  all  lands  within  the  county  of  Santa  Barbara  within  the  fol- 
lowing boundaries:  Beginning  at  the  summit  of  Mission  Pine  mountain, 
running  thence  northwest  to  the  head  of  Mazana  creek;  thence  along  the 
north  bank  of  said  creek  to  its  junction  with  the  Sisquoc  river;  thence 
in  an  easterly  direction  along  the  south  bank  of  the  Sisquoc  river  to  the 
junction  of  the  south  fork  of  the  Sisquoc;  thence  along  the  west  bank 
of  the  south  fork  of  Sisquoc  river  to  the  point  of  beginning. 

§  21.  Three  "D."  Pish  and  game  district  three  "D"  shall  consist  of 
and  include  all  lands  lying  within  the  county  of  Ventura  within  the 
following  boundaries:  Beginning  at  the  corner  common  to  townships 
four  and  five  north,  ranges  nineteen  and  twenty  west,  San  Bernardino 
meridian,  running  thence  west  with  the  line  of  townships  four  and  five 
north,  to  the  summit  of  the  divide  between  the  watershed  of  Sespe  creek 
and  Santa  Paula  creek;  thence  westerly  along  the  summit  of  the  divide 
south  of  Sespe  river  to  Ortega  hill  at  the  head  of  upper  north  fork  of 
Matilija  creek  and  Cherry  creek;  thence  down  Cherry  creek  along  the 
Cuyama  trail  to  Sespe  river;  thence  up  the  Sespe  river  and  Adobe  Springs 
canyon  along  the  Cuyama  trail  to  the  summit  of  Pine  mountain;  thence 
easterly  following  the  summit  of  tlie  Pine  Mountain  divide  to  a  point 
on  Alamo  mountain  due  norlli  of  llic  point  of  beginning;  thence  south 
to  point   of  ])('ginning. 

§22.  Four.  Fisii  and  game  disfrirt  four  shall  consist  of  and  include 
the  counties  of  Mono  and  Inyo  and  all  those  portions  of  Los  Angeles 
I'ounty  not  includcMl  in  fish  find  game  districts  four  "B,"  four  "F,"  ninc- 
Iccn,  twenfy  ;ind  twenty  "A";  all  those  portions  of  San  Bernardino 
county  not  imlinliMl  in  fish  and  game  districts  four  "A,"  four  "B,"  and 
twcnlv-two;  ;ill   those   iiiiitions  ot  Oriingc  county   not  inchidcd   in  fisli  and 


743  GAME  LAWS.  Act  1295d,  §§  23, 24 

game  districts  four  "C"  and  iiineteon;  all  those  portions  of  Riverside 
county  not  included  in  fish  and  game  districts  four  "C,"  four  "D"  and 
twenty-two;  all  those  portions  of  San  Diego  county  not  included  in  fish 
and  game  districts_  f our  "E,"  nineteen  and  twenty-one;  all  those  portions 
of  Imperial  county  not  included  in  fish  and  game  district  twenty-two. 

§  23.  Four  "A."  Fish  and  game  district  four  "A"  shall  consist  of  and 
include  a  portion  of  the  Angeles  National  Forest  lying  within  the  county 
of  San  Bernardino  and  more  particularly  described  as  follows,  to  wit: 
All  that  tract  of  land  situate,  lying  and  being  within  the  following 
boundary: 

Beginning  at  a  point  in  the  Angeles  forest  reserve  in  San  Bernardino 
county  where  the  ravine  of  the  Mohave  river  crosses  the  north  line  of 
township  two  north,  range  four  west,  thence  due  east  along  the  township 
lines  to  a  point  where  the  ravine  of  Deep  creek  crosses  such  township 
line;  thence  easterly  following  the  ravine  of  said  Deep  creek  to  a  point 
marking  the  confluence  of  the  ravines  of  Deep  creek  and  Holcomb  creek; 
thence  east  and  north  following  the  ravine  of  Holcomb  creek  to  Holcomb 
valley;  thence  easterly  along  the  public  road  to  the  junction  thereof  with 
a  public  road  leading  southeasterly  to  the  Rose  mine;  thence  following 
the  aforesaid  road  to  Rose  mine  in  a  southeasterly  direction  to  a  point 
where  it  crosses  the  east  line  of  township  two  north  range  two  east; 
thence  soutH  along  the  easterly  lines  of  township  two  north  range  two 
east,  township  one  north  range  two  east  and  township  one  south  range 
two  east  to  the  southeast  quarter  of  township  one  south  range  two  east; 
thence  due  west  along  the  township  line  to  the  southwest  corner  of  town- 
ship one  south  range  one  east;  thence  due  north  along  the  west  line  of 
township  one  south  range  one  east  to  the  ravine  of  Mill  creek;  thence 
west  along  the  ravine  of  Mill  creek  to  a  point  where  Mill  creek  crosses 
the  west  line  township  one  south  range  one  west;  thence  north  along  the 
west  line  of  township  one  south  range  one  west  and  township  one  north 
range  one  west  to  the  southeast  corner  of  section  twenty-four,  township 
one  north  range  two  west;  thence  due  west  along  the  southerly  line  of 
sections  twenty-four,  twenty-three,  twenty-two,  twenty-one,  twenty  and 
nineteen  of  township  one  north  range  two  west  and  the  southerly  line 
of  sections  twenty-four,  twenty-three,  twenty-two  and  twenty-one,  town- 
ship one  north  range  three  west  to  the  line  of  the  Angeles  forest  reserve; 
thence  in  a  general  northwesterly  direction  to  a  point  where  the  ravine 
of  Devil's  canyon  crosses  the  said  Angeles  forest  reserve  line;  thence 
northerly  along  the  ravines  of  Devil's  canyon  and  Sawpit  canyon  to  the 
place  of  beginning,  all  of  said  described  area  being  within  the  boundaries 
of   the    Angeles   forest   reserve. 

§  24.  Four  "B."  Fish  and  game  district  four  "B"  shall  consist  of  and 
include  a  part  of  the  westerly  portion  of  the  Angeles  National  Forest 
lying  within  the  counties  of  San  Bernardino  and  Los  Angeles  and  more 
particularly  described  as  follows,  to  wit:  Sections  six  to  ten,  inclusive, 
sections  fifteen  to  twenty-two,  inclusive,  and  sections  twenty-seven  to 
thirty-two,  inclusive,  of  township  two  north,  range  seven  west;  sections 
seven,  eighteen,  nineteen,  thirty  and  thirty-one  of  township  three  north, 
range  seven  west;  sections  one  to  twenty-two,  inclusive,  and  those  por- 


Act  1295d,  §§  25, 26  general  laws.  744 

tions  of  sections  twenty-three  and  twenty-four  within  the  Angeles  Na- 
tional Forest,  all  in  township  one  north,  range  eight  west;  all  of  town- 
ship two  north,  range  eight  west;  sections  seven  to  thirty-six,  inclusive, 
of  township  three  north,  range  eight  west;  sections  one  to  twenty-four, 
inclusive,  the  west  half  of  section  twenty-five  and  all  of  sections  twenty- 
six,  twenty-seven,  antl  twenty-eight  in  township  one  north,  range  nine 
west;  all  of  township  two  north,  range  nine  west;  sections  seven  to 
thirty-six,  inclusive,  in  township  three  north,  range  nine  west;  sections 
one  to  eighteen,  inclusive,  those  portions  of  sections  nineteen,  twenty, 
twenty-one  and  twenty-two  within  the  Angeles  National  Forest  and  all 
of  sections  twenty-three  and  twenty-four  of  township  one  north,  range 
ten  west;  all  of  township  two  north,  range  ten  west;  sections  seven  to 
thirty-six,  inclusive,  of  township  three  north,  range  ten  west;  all  of 
sections  one  to  fourteen,  inclusive,  and  those  portions  of  sections  fifteen, 
sixteen,  seventeen,  eighteen,  twenty-two,  twenty-three  and  twenty-four 
within  the  Angeles  National  Forset  in  township  one  north,  range  eleven 
west;  all  of  township  two  north,  range  eleven  west;  that  portion  of  sec- 
tion two  lying  south  and  west  of  a  line  drawn  from  the  northwest 
corner  to  the  southeast  corner  of  said  section,  all  of  sections  three  to 
thirty-six,  inclusive,  in  township  three  north,  range  eleven  west;  all  of 
sections  one  and  two  and  those  portions  of  sections  three,  four,  five,  six, 
eleven,  twelve  and  thirteen  within  the  Angeles  National  Forest  in  town- 
ship one  north,  range  twelve  west;  all  of  township  two  north,  range 
twelve  west;  all  of  sections  one  to  five,  inclusive,  those  portions  of  sec- 
tions six  and  seven  lying  south  and  east  of  a  line  drawn  from  the  north- 
east corner  of  section  six  to  the  southwest  corner  of  section  seven  and 
all  of  sections  eight  to  thirty-six,  inclusive,  in  township  three  north, 
range  twelve  west;  all  of  sections  one  to  seventeen,  inclusive,  those  por- 
tions of  sections  eighteen,  twenty,  twenty-one  and  twenty-two  within 
the  Angeles  National  Forest,  all  of  sections  twenty-three  to  twenty-six, 
inclusive,  and  those  portions  of  sections  twenty-seven,  thirty-five  and 
thirty-six  within  the  Angeles  National  Forest  in  township  two  north, 
range  thirteen  west;  all  of  sections  thirteen  to  thirty-six,  inclusive,  in 
township  three  north,  range  thirteen  west;  sections  one,  two  and  three 
and  those  portions  of  sections  ten,  eleven,  twelve  and  thirteen  within 
the  Angeles  National  Forest  in  township  two  north,  range  fourteen  west. 
All  townships  and  ranges  meutionod  heroin  being  referred  to  San  Ber- 
nanliiio   b;iso  line  and   mevidiMii. 

§25.  Four  "C."  I*'isli  and  j^anu'  distric-t  four  "C"  shall  consist  of 
ami  iniludi'  thai  ccitaiii  territory  embraced  within  the  Cleveland  Na- 
tional Foif^l,  more  jia rt  icularly  described  as  follows,  to  wit:  The  east 
half  of  township  five  south,  range  seven  west;  all  of  township  five  south, 
range  six  west,  except  sections  one,  two,  three,  ten,  eleven  and  twelve; 
all  of  township  six  south,  range  six  west;  the  west  half  of  township  six 
south  range  five  west;  all  of  township  seven  south,  range  six  west;  the 
west  one-half  of  townsliip  scxcn  south,  range  five  west;  all  in  San  Ber- 
nardino V)ase  and  meridian,  in   the  state  of  California. 

§26.  Four  "D."  Fish  and  ganu'  distiid  tour  "D"  shall  consist  of 
ainl    incbide    all    of    townships    six    south.    r;uigc    li\e    east;    townshiji    six 


745  GAME  LAWS.  Act  1295d,  §§  27-32 

south,  range  six  east;  and  township  seven  south,  range  six  east,  ail  lying 
within   the   eoiinty   of   Riverside. 

§27.  Four  "E."  Pish  and  game  district  four  "E"  shall  consist  of 
and  include  all  of  sections  twenty-seven  to  thirty-four,  inclusive,  town- 
ship fourteen  south,  range  five  east;  all  of  township  fifteen  south,  range 
five  east;  all  of  sections  tliirteen,  twenty-four,  twenty-five,  thirty-six, 
township  fifteen  south,  range  four  east;  all  of  sections  five,  six,  seven, 
eight,  township  sixteen  south,  range  six  east;  all  of  sections  one  to  thir- 
teen inclusive,  township  sixteen  south,  range  five  east;  all  of  sections  one, 
two,  ten,  eleven,  twelve,  thirteen,  fourteen,  fifteen,  sixteen,  twenty-one, 
twenty-two,  twenty-three,  twenty-four  and  the  east  half  of  sections  three, 
seventeen,  twenty  and  the  northeast  quarter  of  twenty-nine  and  the 
north  half  of  sections  twenty-five  to  twenty-eight,  inclusive;  township 
sixteen  south,  range  four  east;  the  west  half  of  sections  eighteen,  nine- 
teen and  the  northwest  quarter  of  section  thirty,  township  sixteen  south, 
range  five  east,  all  located   within  the  county  of  San   Diego. 

§28.  Four  "F."  Fish  and  game  district  four  "F"  shall  consist  of 
and  include  all  of  townships  eight  and  nine  north,  range  fourteen  west, 
lying  within  the  county  of  Los  Angeles. 

§  29.  Five.  Fish  and  game  district  five  shall  consist  of  and  include 
the  ocean  water  and  the  tide-lands  of  the  state  to  high-water  mark  lying 
between  the  northern  boundary  of  the  state  and  a  line  extending  west 
from  the  extreme  westerly  point  of  Point  St.  George  in  Del  Norte  county, 
and  shall  exclude  all  slougns,  streams  and  lagoons  in  said  county,  except 
Smith  river  from  its  mouth  to  Bailey's  riitle. 

§  30.  Six.  Fish  and  game  district  six  shall  consist  of  and  include 
the  ocean  waters  and  the  tide-lands  of  the  state  to  high-water  mark  lying 
between  a  line  extending  west  from  the  extreme  westerly  point  of  Point 
St.  George,  in  Del  Norte  county,  and  a  line  extending  due  west  from 
the  extreme  westerly  point  of  Mussel  point,  in  Humboldt  county,  and 
shall  exclude  all  sloughs,  streams  and  lagoons  in  said  counties,  except 
the  Klamath  river  from   its   mouth   to  tlie  mouth   of  McGarvey  creek. 

§31.  Seven.  Fish  and  ^ianie  district  seven  shall  consist  of  and  in- 
clude the  ocean  waters  and  the  tide-lands  of  the  state  to  high-water  mark 
lying  between  a  line  extending  due  west  from  the  extreme  point  of 
Mussel  point,  in  Humboldt  county,  and  the  southern  boundary  of  Hum- 
boldt county,  and  shall  exclude  the  ocean  waters  between  the  north  and 
the  south  jetties  at  the  entrance  to  Humboldt  bay  from  the  westerly 
end  of  each  of  said  jetties  in  the  Pacific  ocean  to  their  respective  aprons 
on  the  shores  of  Humboldt  bay,  and  shall  also  exclude  all  sloughs, 
streams   and    lagoons, 

§32.  Seven  "A."  Fish  and  game  district  seven  "A"  shall  consist  of 
and  include  the  waters  of  Mad  river  from  its  mouth  to  Carson's  bridge, 
the  water  of  Eel  river  from  it  mouth  to  the  east  boundary  line  of  town- 
ship three  north,  range  two  west,  Humboldt  base  and  meridian,  and  the 
w'aters  of  Salt  river,  a  tributary  of  Eel  river,  as  far  up  as  the  high  tide- 
line. 


Act  1295d,  §§  33-37  general  laws.  746 

§  33.  Eight,  rish  and  game  distiict  eight  shall  c-onsist  of  and  include 
the  waters  and  tide-lands  to  high-water  mark  of  Humboldt  bay  lying 
north  of  a  straight  line  running  east  from  the  center  of  apron  at  the 
approach  of  the  south  jetty  at  the  entrance  of  Humboldt  bay  to  the  east 
shore  line  of  said  bay  and  shall  include  the  entrance  of  Humboldt  bay 
not  included  in  fish  and  game  district  seven  and  shall  be  exclusive  of  all 
rivers,  streams  and  sloughs  emptying  into  said  bay. 

§  34.  Nine.  Fish  and  game  distiict  nine  shall  consist  of  and  include 
the  waters  and  tide-lands  to  high-water  mark  of  Humboldt  bay  lying 
south  of  a  straight  line  running  east  from  the  center  of  apron  at  the 
approach  to  the  south  jetty  at  the  entrance  of  Humboldt  bay  to  the  east 
shore  line  of  said  bay,  and  shall  be  exclusive  of  all  rivers,  streams  and 
sloughs  emptying  into  said  bay. 

§  35.  Ten.  Fish  and  game  district  ten  shall  consist  of  and  include 
the  ocean  waters  and  the  tide-lauds  of  the  state  to  high-water  mark 
lying  between  the  south  boundary  of  Humboldt  county  and  a  line  extend- 
ing southwest  from  the  extreme  westerly  point  of  Point  Santa  Cruz,  in 
Santa  Cruz  county;  and  shall  include  the  waters  of  Tomales  bay,  and 
shall  be  exclusive  of  all  that  portion  of  Bolinas  bay  lying  inside  of 
Bolinas  bar,  and  of  San  Francisco  bay  lying  east  of  a  line  drawn  from 
Point  Bonita  to  Point  Lobos,  and  of  all  rivers,  streams  and  lagoons. 

§  36.  Eleven.  Fish  and  game  district  eleven  shall  consist  of  and  in- 
clude the  waters  and  tide-lands  of  San  Francisco  and  Richardson  bays  to 
high-water  mark  bounded  as  follows:  Beginning  at  the  extreme  westerly 
point  of  Point  Bonita,  thence  in  a  direct  line  to  the  extreme  westerly 
point  of  Point  Lobos,  thence  around  the  shore  line  of  San  Francisco  bay 
to  the  extreme  northerly  point  of  Black  point  in  San  Francisco  county, 
thence  in  a  direct  line  to  the  extreme  southerly  point  of  Peninsula  point 
in  Marin  county,  thence  westerly  around  the  shore  line  of  Eichardson 
and  San  Francisco  bays  to  the  point  of  beginning. 

§  37.  Twelve.  Fish  and  game  distict  twelve  shall  consist  of  and  in- 
clude all  waters  and  tide-lands  of  San  Francisco  bay  to  high-water 
mark  not  included  in  fish  and  game  districts  eleven  and  thirteen,  the 
waters  and  tide-lands  to  high-water  mark  of  San  Leandro  bay,  Oak- 
land creek  or  estuary,  San  Antonio  creek  in  Alameda  county,  Raccoon 
straits  and  San  Pablo  bay  to  a  line  drawn  due  south  from  the  light- 
house station  at  the  end  of  the  jetty  at  the  south  entrance  of  Mare 
Island  straits  and  all  lands  and  waters  included  within  the  exterior 
boundaries  of  said  fish  and  game  district  and  excluding  all  tributary 
sloughs,  creeks,  bays,  rivers  and  overflowed  areas  not  specifically  de- 
scribed herein.  For  the  purposes  of  this  act  that  portion  of  San  Pablo 
bay  lying  northerly  of  a  line  drawn  from  the  south  side  of  the  mouth 
of  Novato  creek  to  Midshipment  point,  the  extreme  southwesterly  point 
of  Tubbs  island,  shall  be  included  in  fish  and  game  district  number 
two;  and  that  portion  of  San  Pablo  bay  lying  north  of  a  line  drawn 
due  east  from  a  point  situated  on  the  bay  shore  of  Tubbs  island,  one  and 
one-half  miles  measured  southwesterly  along  the  levee  from  the  electric 
power-line  tower  situated  on  the  west  bank  of  Sonoma  creek,  shall  be 
included  in  fish  and  game  district  number  two. 


rj^rj  GAME  LAWS.  Act  1295(3,  §§  38-44: 

§38.  Twelve  "A.''  Pish  and  game  district  twelve  ''A"  shall  consist 
of  and  include  all  the  waters  of  the  Sacramento  river  flowing  within 
the  main  channel  between  the  bridge  across  said  river  at  Colusa  and 
the  Vina  ferry  near  the  town  of  Vina,  in  Tehama  county. 

§  39.  Twelve  "B."  Fish  and  game  district  twelve  "B"  shall  consist 
of  and  include  all  waters  and  tide-lands  to  high-water  mark  of  the 
Mare  Island  straits  from  Carquinez  straits  to  the  boundary  line  between 
Napa  and  Solano  counties,  the  Carquinez  straits  not  included  within 
fish  and  game  district  twelve,  the  waters  and  tide-lands  to  high-water 
mark  of  Suisun  bay,  all  waters  of  the  Sacramento  river  flowing  within 
the  main  channel  betw^een  the  mouth  thereof  and  the  bridge  across  said 
river  at  Colusa;  the  waters  in  the  main  channel  of  Steamboat  slough 
and  Sutter  Slough;  the  waters  of  New  York  slough  and  Broad  slough; 
all  waters  of  the  San  Joaquin  river  flowing  within  the  main  channel 
thereof  to  the  south  boundary  of  San  Joaquin  county;  all  lands  and. 
waters  lying  between  the  main  channel  of  San  Joaquin  river  from  the 
place  of  confluence  with  Old  river  and  the  place  of  diversion  of  Middle 
river  and  the  west  and  south  banks  if  Old  and  Middle  rivers  and  all 
lands  and  waters  lying  within  the  boundaries  of  said  fish  and  game 
district  and  excluding  all  tributary  sloughs,  creeks,  bays,  rivers  and 
overflow'ed  areas  not  specifically  described  herein. 

§  40.  Thirteen.  Fish  and  game  district  thirteen  shall  consist  of  and 
include  the  waters  and  tide-lands  to  high-water  mark  of;  San  Francisco 
bay  lying  to  the  south  of  a  line  drawn  between  Point  Avisadero  and 
the  northwest  point  of  Bay  Farm  island,  exclusive  of  all  streams,  sloughs 
and  lagoons. 

§41.  Fourteen.  Fish  and  game  district  fourteen  shall  consist  of  and 
include  the  waters  of  Scotts  creek,  in  Santa  Cruz  county,  between  its 
mouth  and  the  mouth  of  Mill  creek. 

§42,  Fifteen.  Fish  and  game  district  fifteen  shall  consist  of  and 
include  the  waters  and  tide-lands  to  high-water  mark  of  that  portion 
of  Monterey  bay  lying  to  the  north  of  a  line  drawn  from  the  extreme 
westerly  point  of  Point  Santa  Cruz  to  the  extreme  westerly  point  of 
Sequel  point;  and  shall  consist  of  and  include  the  waters  of  the  San 
Lorenzo  river  and  its  tributaries. 

§  43.  Sixteen.  Fish  and  game  district  sixteen  shall  consist  of  and 
include  the  waters  and  tide-lands  to  high-water  mark  of  that  portion 
of  Monterey  bay  lying  to  the  south  of  a  line  drawn  from  the  extreme 
northerly  point  of  Point  Pinos  in  a  straight  line  easterly  to  the  eastern 
shore  of  Monterey  bay  to  a  point  north  of  the  town  of  Seaside,  said 
point  being  marked  by  a  permanent  monument  placed  by  the  United 
States  government  surveyors,  and  designated  as  "i\I,onterey  N.  O.  T.  C. 
and  G.  S.  Sta." 

§44.  Seventeen.  Fish  and  game  district  seventeen  shall  consist  of 
and  include  the  waters  and  tide-lands  to  high-water  mark  of  Monterey 
bay   and   the  Pacific   ocean,   lying  between  a  line   extending  southwest 


Act  1295d,  §§  45-52  general  laws.  748 

from  the  extreme  westerly  point  of  Point  Santa  Cruz  and  a  line  extend- 
ing due  west  from  the  mouth  of  Carmel  river,  in  Monterey  county,  and 
exclusive  of  the  areas  included  in  fish  and  game  districts  fifteen  and 
sixteen,  and  exclusive  of  all  rivers,  creeks,  sloughs  and  lagoons,  empty- 
ing into  the  Pacific  ocean  and  Monterey  bay  within  the  boundaries  of 
this  district. 

§  45.  Eighteen.  Fish  and  game  district  eighteen  shall  consist  of  and 
include  the  ocean  waters  and  tide-lands  to  high-water  mark  of  the  state 
lying  between  a  line  extending  due  west  from  the  mouth  of  Carmel  river 
and  the  south  boundary  of  San  Luis  Obispo  county,  and  shall  exclude  all 
rivers,  streams,  sloughs  and  lagoons. 

§46.  Nineteen.  Fish  and  game  district  nineteen  shall  consist  of  and 
include  the  ocean  waters  and  tide-lands  to  high-water  mark  of  the  state 
lying  between  the  north  boundary  of  Santa  Barbara  county  and  the 
southern  boundary  of  Los  Angeles  county,  and  shall  include  all  islands 
and  adjacent  waters  belonging  to  the  state  of  California  and  lying  off 
the  coast  of  southern  California,  south  of  a  line  extending  due  west  into 
the  Pacific  Ocean  from  the  north  boundary  of  Santa  Barbara  county, 
exclusive  of  Santa  Catalina  island  and  state  waters  adjacent  thereto; 
exclusive  of  all  rivers,  streams,  lagoons  and  bays. 

§  47.  Twenty.  Fish  and  game  district  twenty  shall  consist  of  and 
include  Catalina  island  and  that  portion  of  the  state  waters  lying  be- 
tween a  line  extending  south  from  the  southeasterly  shore  in  line  with 
the  intersecting  South  East  rock;  thence  around  the  east  end  to  the 
north  side  of  a  line  extending  west  from  the  extreme  west  end  of  said 
island. 

§  48.  Twenty  "A."  Fish  and  game  district  twenty  "A"  shall  con- 
sist of  and  include  that  portion  of  the  state  waters  around  Catalina 
islands  not  included  in  fish  and  game  district  twenty. 

§  49.  Twenty-one.  Fish  and  game  district  twenty-one  shall  consist 
of  and  include  those  waters  and  tide-lands  to  high-water  mark  of  San 
Diego  bay  lying  inside  of  a  straight  line  drawn  from  Point  Loma  to  the 
offshore  end  of  the  San  Diego  breakwater. 

§50.  Twenty-two.  Fish  and  game  district  twenty-two  shall  consist 
of  and  include  the  waters  of  Salton  sea  and  the  waters  of  the  Colorado 
river. 

§51.  Twenty-three.  Fish  and  ^^ame  district  twenty-three  shall  con- 
sist of  and  include  the  waters  of  Lake  Tuhoe  and  the  Truckee  river,  and 
all  streams  flowing  into  said  lake  and  river,  and  all  lands  within  the 
drainage  basin  of  said  lake  and  river,  lyijig  within  the  state  of  California. 

%r)2.  Twenty-four.  Fish  and  game  district  twenty -four  shall  consist 
(,r  and  include  the  waters  of  Silvisr  lake.  Twin  lakes,  Blue  lakes,  Meadow 
lake  and  Wood  lake  and  all  streams  flowing  into  said  lakes  and  all  lands 
lying  within  the  <lrainage  basin  of  said  l;ikcs  ;iiiil  streams,  all  being 
within  the  counties  of  Alpine  and  Amador. 


749  GAME  LAWS.  Act  1295e,  §  1 

§53.  Twenty-five.  Fish  and  game  district  twenty-five  shall  consist 
of  and  include  the  waters  of  Lake  Aluianor  and  all  streams  flowing  into 
said  lake  and  all  lands  lying  within  the  drainage  basin  of  said  streams 
and  lake,  all  being  within  the  counties  of  Plumas  and  Lassen. 

§54.  Twenty-six.  Fish  and  game  district  twenty-six  shall  consist  of 
and  include  all  waters  in  that  portion  of  Rae  lakes  lying  south  of  Fin 
Dome  and  all  waters  flowing  into  said  portion  of  Eae  lakes  and  all  lands 
lying  within  the  drainage  basin  of  the  said  portion  of  Rae  lakes;  all 
waters  in  all  lakes  lying  within  the  Sixty  Lake  basin;  all  waters  flowing 
into  said  lakes;  all  waters  flowing  from  the  said  lakes  to  the  south  fork 
of  Woods  creek  and  all  lauds  lying  within  the  Sixty  Lake  basin,  all  lying 
in  the  county  of  Fresno. 

§  55.  Stats.  1915,  p.  589,  repealed.  An  act  entitled  "An  act  to  divide 
the  state  of  California  into  fish  and  game  districts  and  to  repeal  an  act 
entitled  'An  act  to  divide  the  state  of  California  into  six  fish  and  game 
districts,'  approved  March  21,  1911,  and  all  acts  or  parts  of  acts  incon- 
sistent herewith,"  approved  May  19,  1915,  and  all  acts  or  parts  of  acts 
inconsistent  herewith  are  hereby  repealed. 

ACT  1295e. 

An  act  to  further  divide  the  state  into  fish  and  game  districts  by  estab- 
lishing a  district  specially  suited  for  propagation  of  game,  and  to 
provide  for  the  management  and  protection   thereof. 

[Approved  May  2fi,  1917.     Stats.  1917,  p.  U()6.     In  effect  July  27,  1917.] 

§  1.     "Mount  Tamalpais  game  refuge,"  created.     Boundaries.     For  the 

protection,  conservation  and  propagation  of  game  animals,  except  fish, 
there  is  hereby  set  apart  and  established  a  district  to  be  known  as 
"Mount  Tamalpais  game  refuge,"  the  boundaries  of  which  are  hereby 
determined  to  be  as  follows,  to  wit:  All  that  certain  territory  within 
the  county  of  Marin,  bounded  and  described  as  follows,  to  wit: 

Beginning  at  the  intersection  of  the  easterly  shore  of  inner  BoJinas 
bay  with  the  northwesterly  boundary  line,  extended,  of  the  Stiuson 
ranch  conveyed  to  A.  H.  Stinson  et  al.,  by  decree  of  distribution  dated 
the  twenty-eighth  day  of  July,  1911,  and  recorded  in  the  office  of  the 
county  recorder  of  Marin  county  in  book  one  hundred  thirty-seven  ofv 
deeds  at  page  one  hundred  two;  thence  northeasterly  along  the  said 
northwesterly  boundary  line  to  the  southwesterly  boundary  line  of  the 
lands  of  the  Marin  municipal  water  district  on  the  top  of  B'olinas  ridge, 
thence  along  the  exterior  boundary  of  the  lands  of  said  district  in  such 
a  way  as  to  include  the  same,  to  a  point  in  the  abandoned  portion  of  the 
Fairfax  and  Bolinas  county  road;  thence  northerly  along  the  said  road 
and  along  the  Fairfax  and  Bolinas  county  road,  to  a  point  in  the  south- 
westerly line  of  the  right  of  way  of  the  Northwestern  Pacific  raili'oad 
company  near  Fairfax  station;  thence  along  the  said  last  mentioned  lino 
in  a  southerly  direction  past  the  railroad  stations  at  San  Anselmo,  Kent- 
field  and  Corte  Madera,  to  its  intersection  with  Humboldt  street  on  the 
westerly  boundary  of  the  lands  of  the  Sausalito  land  and  ferry  company, 
as  said   street  is   laid   down   and  delineated  on  the   ofiicial  map  of  said 


Actl295e,  §§2-4  general  laws.  750 

lands  filed  in  the  office  of  the  county  recorder  of  Marin  county  in  rack 
number  one,  pull  number  nine;  thence  southerly  along  the  westerly  line 
of  said  Humboldt  street  and  the  westerly  line  of  Tennessee  avenue  of 
the  same  tract,  to  the  corner  common  to  ranches  E,  F,  and  A  as  said 
ranches  are  delineated  on  the  Tamalpais  land  and  water  company's  map 
number  three,  filed  in  said  recorder's  office  in  map  book  number  one, 
page  one  hundred  four;  thence  southwesterly  along  the  southeasterly 
boundary  lines  of  ranches  E,  L,  and  K,  as  shown  on  said  last  mentioned 
map,  to  the  shore  of  the  Pacific  ocean;  thence  northwesterly  along  the 
shore  of  the  Pacific  ocean  and  across  the  easterly  end  of  the  BoJinas 
sandspit,  and  along  the  easterly  shore  of  inner  Bolinas  bay,  to  the 
point  of  beginning,  excepting  from  the  area  of  said  Mount  Tamalpais 
game  refuge  all  lands  lying  within  the  exterior  boundaries  of  any  in- 
corporated town. 

§  2.  No  open  season.  The  provisions  of  law  for  the  protection  of  fish 
in  the  second  fish  and  game  district  of  this  state  shall  be  enforced  within 
said  Mount  Tamalpais  game  refuge  and  there  shall  be  no  open  season 
therein  for  any  game  animals  except  fish. 

§3.  Unlawful  to  kill  game  birds  or  animals.  Firearms,  etc.  Game 
animals  defined.     It  shall  be  unlawful  within  said  territory  at  any  time: 

(a)  to  hunt,  pursue,  take,  kill  or  destroy  any  game  birds  or  animals, 
except  to  capture  the  same  to  be  set  at  liberty  elsewhere,  as  hereinafter 
specially  provided; 

(b)  To  hunt,  iHirsue,  take,  kill,  or  destroy  any  other  wild  birds  or 
animals  except  as  hereinafter  provided; 

(c)  For  any  person  to  have  in  his  possession  any  firearms,  trap  or 
other  contrivance  designed  to  be  used  to  kill,  destroy  or  capture  game 
animals  except  fish,  without  first  having  obtained  a  permit  so  to  do 
from  the  fish  and  game  commission  of  this  state;  provided,  that  nothing 
in  this  act  contained  shall  prohibit  the  lawful  occupant  of  any  privately 
owned  lands  within  said  district,  or  his  employees  at  the  direction  of 
said  occupant,  from  killing  ground  squirrels,  gophers,  owls,  hawks,  blue 
jays,  skunks  and  other  destructive  animals  which  are  not  game  animals 
as  herein  after  defined  that  may  be  on  the  land  of  said  occupant;  and 
provided,  further,  that  nothing  in  this  subdivision  "c"  contained  shall 
•apply  to  persons  traveling  upon  any  public  liighways  within  said  terri- 
tory, nor  to  members  of  the  organized  militia  while  on  the  state  rifle 
range,  nor  to  members  of  anj'  high  school  militia  while  on  the  grounds 
of  the  high  school  at  which  time  they  may  bo  enrolled.  The  term  game 
animals  used  herein  is  intended  to  include  all  birds  and  animals  which 
are  protected  or  fostered  by  any  of  tliv^  laws  of  this  state. 

§  4.  Power  of  fish  and  game  commission.  The  fish  and  game  com- 
mission  of  tlie  state  of  California   sliall    liave   power; 

(a)  To  exercise  control  over  all  game  animals  on  all  lands  within  the 
boundaries  of  said  game  refuge. 

(b)  To  accept,  on  behalf  of  the  state,  donations  of  ownership  or  lease- 
hold interest  of  any  lands  wilhiii  the  boundaries  of  said  game  refuge, 
to  be  used  for  the  furtherance  of  (he  oljjcds  of  protecting,  feeding,  or 
[jropagating  game. 


751  GAME  LAWS.  Act  1297,  §  3 

(c)  To  accept,  on  behalf  of  the  state,  donations  of  game  birds  and 
animals,  and  of  money  given  or  appropriated  for  protection,  feeding,  or 
propagation  of  game  in  said  district,  and  to  use  the  same  for  the  said 
l)urposes,  and  as  nearly  as  may  be,  for  any  particular  purpose  indicated 
by  the  donor. 

(d)  To  make  additional  rules  and  regulations,  not  in  conflict  with 
this  act  or  other  statutes  of  the  state,  for  the  protection  and  propaga- 
tion of  game  in  said  district. 

(e)  To  issue  in  their  discretion,  and  under  such  restrictions  as  they 
may  deem  best,  permits  for  carrying,  using,  or  having  in  possession 
within  said  district,  firearms,  traps,  or  other  instruments  or  means  for 
killing  or  taking  birds  or  animals;  but  no  such  permits  shall  allow  any 
person  to  hunt,  kill,  destroy  or  take  any  game  birds  or  animals;  and,  no 
hunting,  killing  or  destruction  of  wild  birds  or  animals,  other  than  game 
birds  or  animals,  within  said  Mount  Tamalpais  game  refuge  shall  be 
allowed,  by  game  wardens  or  by  persons  holding  special  permits  for  the 
purpose;  and  persons  holding  such  special  permits  shall  be  allowed  so 
to  hunt,  kill,  or  destroy  only  when  accompanied  by  a  member  of  the 
fish  and  game  commission,  or  by  an  authorized  deputy  thereof,  or  by  the 
sheriff  or  a  deputy  sheriff  of  Marin  county,  except  the  lawful  occupants 
of  said  lands  and  their  employees  shall  not  be  required  to  obtain  per- 
mits for  the  purpose  of  killing  ground  squirrels,  gophers,  owls,  hawks, 
blue  jays,  skunks  or  other  destructive  animals  which  are  not  game  ani- 
mals as  in  this  act  defined. 

§  5.  Penalty.  Any  person  who  shall  violate  any  of  the  provisions 
of  this  act  shall  be  guilty  of  a  misdemeanor,  and  shall  be  punishable  by 
a  fine  not  exceeding  one  thousand  dollars,  or  by  imprisonment  not  ex- 
ceeding one  year,  or  by  both  such  fine  and  imprisonment. 

§  6.  Duty  of  oiiicers.  It  shall  be  the  duty  of  the  fish  and  game  com- 
mission of  the  state  of  California  and  of  its  deputies,  and  also  of  the 
district  attorney,  and  of  the  sheriff,  and  of  all  other  peace  oflfieers  of 
Marin  county  to  enforce  all  the  provisions  of  this  act,  and  to  institute 
and  assist  in  prosecutions  for  violations  thereof. 

§  7.  County  appropriation.  A«y  county  may,  in  the  discretion  of  its 
board  of  supervisors,  appropriate  and  pay  to  the  fish  and  game  commis- 
sion of  the  state  of  California,  funds  to  be  used  by  them,  as  provided 
in  subdivision  "c"  of  section  4  hereof. 

ACT  1297, 

An  act  to  regulate  and  license  the  hunting  of  wild  birds  and  animals, 
and  to  provide  revenue  therefrom,  for  game  and  fish  preservation 
and  restoration. 

[Approved  March   22,   1909.     Stats.   1909,   p.   663.] 
"Amended  1917;  Stats.  1917,  p.  650. 
The  amendment  of  1917  follows: 

§3.  Fees  for  hunting  licenses.  The  licenses  herein  provided  for  ?hall 
be  issued  as  follows: 


Act  1297a,  §§  1-3  general  laws.  752 

First — To  any  citizen  of  the  United  States  who  is  a  bona  fide  resi- 
dent of  the  state  of  California,  upon  the  payment  of  one  dollar;  pro- 
vided, the  licenses  shall  be  issued  to  veterans  of  the  civil  war  free  of 
charge. 

Second — To  any  citizen  of  the  United  States,  not  a  bona  fide  resident 
of  the  state  of  California,  upon  the  payment  of  ten  dollars. 

Third. — To  any  person  not  a  citizen  of  the  United  States,  upon  the 
payment  of  twenty-five  dollars.  [Amendment  Approved  May  17,  1917; 
Stats.  1917,  p.  650.] 

ACT  1297a. 

An   act   to   regulate   the   issuance   of   licenses   for   resale   to   hunters   and 

anglers. 

[Approved  May  20,  1915.     Stats.  1915,  p.  685.] 

Amended  1917;   Stats.  1917,  pp.  40,  663. 

The  amendments  of  1917  follow: 

§  1.  Who  may  issue  hunting  and  fishing  licenses.  Licenses  granting 
the  privilege  to  talce,  catch,  hunt  or  kill  fishes,  wild  mammals  or  wild 
birds  shall  be  issued  and  delivered,  upon  application  in  writing,  by  the 
county  clerk  of  any  of  the  counties  of  the  state,  or  by  the  state  board 
of  fish  and  game  commissioners,  or  by  the  persons  duly  appointed  and 
authorized  by  any  such  county  clerk  or  the  board  of  fish  and  game  com- 
missioners.,    [Amendment   approved   May   IS,   1917;   Stats.   1917,   p.   663.] 

§  2.  Compensation  for  sale  of  licenses.  For  each  license  sold,  regis- 
tered anil  accounted  for  by  any  person,  except  by  a  fish  and  game  com- 
missioner or  a  deputy  or  assistant  fish  and  game  commissioner  paid  a 
salary  in  full  for  his  services  to  the  state,  he  shall  be  allowed  as  com- 
jiensation,  for  his  own  use,  out  of  the  fish  and  game  preservation  fund, 
ten  per  cent  of  the  amount  or  amounts  accounted  for  by  him.  [Amend- 
ment approved  May  18,  1917;   Stats.  1917,  p.  663.] 

§  3.  Bond.  Every  person  authorized  to  issue  and  sell  licenses  under 
the  provisions  of  this  act  shall,  when  required  bj^  said  board  of  fish  and 
game  commissioners,  execute  to  the  fish  and  game  commission  a  good  and 
sufficient  bond  in  a  sum  equal  to  the  value  of  such  licenses  so  delivered 
to  such  person  to  be  sold  as  herein  provided,  to  secure  the  faithful  ac- 
counting and  payment  to  the  fish  and  game  commission  of  the  funds 
collected  from  the  sale  of  such  licenses  and  the  faithful  performance  of 
tlie  duties  imposed  upon  him  by  this  act,  and  said  board  of  fish  and 
game  commissioners  is  hereby  authorized  and  empowered  to  pay  the  pre- 
mium on  such  bond  out  of  the  fish  and  game  jtreservation  fund.  [Amend- 
ment  iiiMirovcd   May    IS,   li)17;   Stats.  1917,  p.  663.] 

The  act  of  .1915  relating  to  is.suaiicc  of  licenses  for  resale  to  hunters 
aiKJ   iiceuses  was  also  aiiiendcd   in    1917  as  follows: 

§  1.  Who  may  issue  hunting  and  fishing  licenses.  Licenses  granting 
the  privilege  to  take,  catch,  hunt  or  kill  fishes,  wild  mammals  or  wild 
birds  shall   be   issued    and   delivered,   upon   a |i|ilicati<)u    in    writing,   l)y   the 


753  GAME  LAWS.  Act  1298,  §§  1,  2 

county  clerk  of  any  of  the  counties  of  the  state,  or  by  the  state  board 
of  fish  and  game  conunissioners,  or  by  the  persons  duly  appointed  and 
authorized  by  the  said  county  clerks  or  the  board  of  fish  and  game 
commisioners.      [Amendment  approved  April  5,  1917;  Stats.  1917,  p.  40.] 

§2.  Compensation  for  sale  of  licenses.  For  each  hunting  or  angler's 
license  sold,  registered  and  accounted  for  by  any  person,  except  by  a 
fish  and  game  commissioner  or  a  deputy  or  assistant  fish  and  game  com- 
missioner paid  a  salary  in  full  for  his  services  to  the  state,  he  shall  be 
allowed  as  compensation,  for  his  own  use,  out  of  the  fish  and  game  pres- 
ervation fund,  ten  per  cent  of  the  amount  or  amounts  accounted  for 
by  him,  and  for  each  market  fisherman's  license  hereunder  fifty  cents. 
[Amendment  approved  April  5,  1917;  Stats.  1917,  p.  40.] 

ACT  1298. 

An  act  to  regulate  the  vocation  of  fishing,  and  to  provide  therefrom  rev- 
enue for  the  propagation,  restoration  and.  preservation  of  fish  in  the 
waters  of  the  state  of  California. 

[Approved  March  13,  1909.     Stats.  1909,  p.  802.] 
Amended  1913,  p.  985;  1917,  p.  686. 
Entirely  amended  in  1917  to  read  as  follows: 

§  1.  License  required.  Every  person  who  uses  or  operates  or  assists 
in  using  or  operating,  any  boat,  net,  trap,  line  or  other  appliance  in  the 
state  for  the  purpose  of  catching  or  taking  fish,  niollusks  or  crustaceans 
for  profit,  and  every  person  using  or  operating,  or  assisting  in  using  or 
operating  any  boat,  net,  trap,  line  or  other  appliance  for  taking  or  catch- 
ing fish,  niollusks  or  crustaceans,  or  who  brings  or  causes  said  fish,  mol- 
lusks  or  crustaceans  to  be  brought  ashore  at  any  point  in  the  state  for 
the  purpose  of  selling  the  same  as  fresh  fish,  without  first  procuring  a 
commercial  fishing  license,  is  guilty  of  a  misdemeanor. 

§  2.  Licenses  prepared  by  controller.  Duty  of  president  of  commis- 
sion. The  controller  of  state  shall  prepare  suitable  licenses,  of  the 
classes  designated  by  the  fish  and  game  commissioners,  which  shall 
license  the  holder  of  such  license  to  catch  or  take  fish,  niollusks  or  crusta- 
ceans or  to  assist  in  catching  or  taking  fish,  niollusks  or  crustaceans,  as 
provided  in  section  one  of  this  act,  for  the  term  of  one  year  from  the 
first  day  of  April  of  one  year  to  the  first  day  of  April  of  the  year  follow- 
ing. The  licenses  shall  be  numbered  consecutively,  beginning  with  num- 
ber one,  and  contain  blanks  for  the  insertion  of  the  name  of  the  holder, 
his  resident  address,  and  his  description,  by  age,  height,  nationality  and 
color  of  eyes  and  hair,  which  description  shall  be  furnished  by  the  appli- 
cant to  the  board  of  fish  and  game  commissioners.  The  controller  shall 
sign  all  licenses  and  deliver  the  same  to  the  fish  and  game  commissioners, 
on  demand,  who  shall  be  charged  for  the  same  by  the  controller.  Each 
license,  before  delivery  to  the  applicant  for  a  license,  must  be  counter- 
signed by  the  president  of  the  board  of  fish  and  game  commissioners,  and 
the  president  of  the  board  of  fish  and  game  commissioners  shall  execute 
a  bond  to  the  people  of  the  state  of  California,  in  the  sum  of  two  thou- 
48 


Act  1298a,  §  3  general  laws.  754 

sand  dollars,   for   the   faithful   performance   of   the   duties   imposed  upon 
him  by  this  act. 

§  3.  Fee.  Forfeiture  of  license.  Licenses  shall  be  issued  and  deliv- 
ered upon  application  to  the  state  board  of  fish  and  game  commissioners, 
or  their  deputies.  The  license  fee  shall  be  ten  dollars  for  each  person. 
Not  more  than  one  license  shall  be  issued  to  any  one  person  for  the  same 
year,  except  upon  affidavit  by  the  applicant  that  the  one  issued  has  been 
lost  or  destroyed,  and  no  license  issued  as  herein  provided  shall  be  trans- 
ferable or  used  by  any  other  person  than  the  one  to  whom  it  vras  issued. 
Every  person  having  a  license  as  pro-vided  herein,  who  refuses  to  exhibit 
such  license  upon  demand  of  any  officer  authorized  to  enforce  the  fish 
and  game  laws  of  this  state,  or  any  peace  officer  of  this  state,  or  who 
transfers  or  disposes  of  the  same  to  another  person  to  be  used  as  a  fisher- 
man's license,  or  who  fails  to  have  his  license  with  him  where  it  may  be 
readily  examined  by  any  officer  authorized  to  enforce  the  fish  and  game 
laws,  at  the  time  he  is  using  or  operating  or  assisting  in  using  or  operat- 
ing any  net,  trap,  line  or  other  appliance,  or  who  uses  or  assists  in  using 
any  net,  trap,  line  or  other  appliance  by  modes  or  methods  in  violation 
of  any  law,  for  the  preservation  of  fish  and  game  shall  forfeit  this 
license. 

§  4.  Fees  paid  to  whom.  The  said  license  fees  must  be  paid  to  the 
fish  and  game  commissioners,  or  to  someone  designated  by  them  for  that 
purpose. 

.§5.  Credited  to  preservation  fund.  The  money  collected  from  such 
licenses  shall  be  paid  l)y  the  commissioners  into  the  state  treasury,  to  the 
credit  of  the  fish  and  game  preservation  fund. 

§  6.  Penalty.  The  violation  of  any  provisions  of  this  act  is  hereby 
declared  a  misdemeanor,  and  every  person  violating  a,ny  of  its  provisions, 
shall,  upon  conviction  thereof,  be  fined  in  a  sum  not  less  than  ten  nor 
more  than  one  hundred  dollars,  or  by  imprisonment  in  the  county  jail  for 
a  term  of  not  less  than  ten  nor  more  than  one  hundred  days,  or  by  both 
such  fine  and  imprisonment;  and  all  fines  collected  for  any  violation  of 
any  of  the  provisions  of  this  section  shall  be  paid  into  the  state  treasury, 
to  the  credit  of  the  fish  and  game  preservation  fund. 

ACT  1298a. 

An  act  to  regulate  and  license  the  taking  and  catching  of  game  fishes 
and  to  define  game  fish  and  to  provide  revenue  therefrom,  for  fish 
preservation  and  restoration. 

[Approved   June   Ifi,   191.1.     Stats.   1913,   p.   98(5.] 
Amended  1917;  Stats.  1917,  p.  .37. 
Th((  aiiiciMliiiciit   i)f  1017  follows: 

§3.  Fees  for  game  fish  licenses.  Licenses  as  liorein  provided  for  shall 
])0  issued  as  follows: 

pirst— To  any  citizen  of  the  United  States,  over  the  age  of  eighteen 
years,  who  is  a  bona  fide   resident  of  the  state  of  California,  upon  the 


755  GAME  LAWS.  Act  1340g,  §§  2-4 

payment  of  one  dollar;  provided,  that  licenses  shall  be  issued  to  veterans 
of  the  Civil  War  free  of  charge. 

Second — To  any  citizen  of  the  United  States,  over  the  age  of  eighteen 
years,  not  a  bona  fide  resident  of  the  state  of  California,  upon  the  pay- 
ment of  three  dollars. 

Third — To  any  person,  not  a  citizen  of  the  United  States  and  over  the 
age  of  eighteen  years,  upon  the  payment  of  three  dollars. 

ACT  1340g. 

An  act  to  authorize  and  regulate  the  possession,  use,  transportation  and 
sale  of  trout  or  other  fish,  by  persons  engaged  in  the  business  of 
propagating  and  rearing  such  fish,  and  by  persons  who  transport  such 
fish,  and  b}'  persons  who  purchase  fish  so  reared. 

[Approved  March  17,  1911.     Stats  1911,  p.  378.] 

Amended  1917;  Stats.  1917,  p.  940. 

The  amendment  of  1917  follows: 

§  2.  Application  for  license.  Every  citizen  desiring  to  propagate  and 
raise  domesticated  trout  or  other  domesticated  fish  in  any  artificial  body 
of  water  or  private  hatchery  shall  file  with  the  fish  and  game  commis- 
sion a  written  application  for  a  license  so  to  do.  Said  application  shall 
state  the  name,  residence  and  place  of  business  of  the  applicant  and  shall 
set  forth  the  exact  description  of  the  land  upon  which  said  artificial 
body  of  water  or  private  hatchery  is  to  be  located  and  the  applicant's 
title  to  said  land  and  the  kind  and  number  of  fish  desired  to  be  kept 
therein.  Said  application  shall  be  accompanied  by  a  fee  of  five  dollars, 
which,  if  such  application  be  granted,  shall  be  paid  into  the  state  trea- 
sury by  the  state  fish  and  game  commission  to  the  credit  of  the  fish  and 
game  preservation  fund.  [Amendment  approved  May  26,  1917;  Stats. 
1917,  p.  941.] 

§  3.  No  outlet  or  inlet.  All  artificial  bodies  of  water  or  private 
hatcheries  in  which  domesticated  trout  or  other  domesticated  fish  may 
be  propagated  and  raised  under  the  provisions  of  this  act  shall  be  en- 
tirely within  the  exterior  boundaries  of  the  land  owned  or  leased  by  the 
applicant  for  said  license  and  there  shall  be  no  natural  inlet  or  outlet 
for  the  waters  contained  therein.  All  artificial  inlets  and  outlets  of  said 
artificial  bodies  of  water  or  private  hatcheries  must  be  screened  to  pre- 
vent the  ingress  or  egress  of  fisji  to  or  from  any  natural  body  of  water. 
[Amendment  approved  May  26,  1917;  Stats.  1917,  p.  941.] 

§  4.  Granting  of  license.  Permit  to  Import  domesticated  fish.  Upon 
the  receipt  of  said  application  the  state  board  of  fish  and  game  commis- 
sioners shall  make  an  examination  of  the  land  and  waters  described  in 
the  said  application.  All  the  expenses  of  the  said  examination  shall  be 
borne  by  the  applicant.  If  it  shall  appear  that  the  aforesaid  artificial 
body  of  water  or  private  hatchery  has  been  constructed  and  screened  ac- 
cording to  the  provisions  of  this  act  and  the  application  is  in  other  re- 
spects proper  and  reasonable,  the  said  fish  and  game  commission  shall 
grant  to  such  applicant  a  license  to  propagate  and  raise  domesticated 
trout   or   other   domesticated    fish   mentioned   in   the    application   and   to 


Act  1340g,  §  §  5-8  GENERAL   LAWS.  756 

possess  said  domesticated  trout  or  other  domesticated  fish  during  the 
entire  calendar  year.  The  license  shall  be  posted  or  displayed  in  a  con- 
spicuous place  on  the  land  described  in  the  application  and  shall  expire 
on  the  last  day  of  December  in  each  year  at  midnight. 

Upon  obtaining  a  permit  from  the  fish  and  game  commission  domesti- 
cated trout  or  other  domesticated  fish  raised  in  a  regularly  licensed 
hatchery  under  the  laws  of  any  other  state  may  be  imported  into  this 
state,  transported,  sold  or  offered  for  sale  during  the  entire  calendar 
year  upon  the  payment  of  a  fee  of  five  dollars  per  year;  provided,  that 
such  imported  domesticated  trout  or  other  domesticated  fish  shall  be  duly 
tagged  in  accordance  with  the  rules  and  regulations  to  be  prescribed  by 
the  fish  and  game  commission.  The  permit  issued  under  the  provisions 
of  this  act  shall  be  posted  in  a  conspicuous  place  in  the  principal  place  of 
business  of  the  person  importing  such  fish  and  shall  expire  on  the  last 
day  of  December  in  each  year  at  midnight.  [Amendment  approved  May 
26,  1917;  Stats.  1917,  p.  9^1.] 

§  5.  Domesticated  fish  may  be  sold  during  year.  Domesticated  trout 
or  other  domesticated  fish  propagated  and  raised  in  this  state  under  the 
license  granted  in  accordance  wuth  the  provisions  of  this  act  may  be 
transported,  sold  or  offered  for  sale  during  the  entire  calendar  year  when 
duly  tagged  according  to  the  rules  and  regulations  to  be  prescribed  by 
the  fish  and  game  commission.  [Amendment  approved  May  26,  1917; 
Stats.  1917,  p.  942.] 

§  6.  Tags.  The  fish  and  game  commission  will  furnish  to  each  person 
to  whom  a  license  or  a  permit  has  been  issued  under  the  provisions  of 
this  act  metallic  tags  inscribed  with  the  letters  "C.  F.  &  G.  C."  Each 
applicant  shall  pa.y  to  the  fish  and  game  commission  for  such  tags  the 
actual  cost  of  said  tags.  One  of  each  of  said  tags  shall  be  afiixed  to  each 
domesticated  trout  or  other  domesticated  fish  raised  under  the  provisions 
of  this  act  and  transported,  sold^  or  ofl'ered  for  sale  and  said  tag  shall 
remain  so  afl&xed  until  said  domesticated  trout  or  other  domesticated  fish 
has  been  prepared  for  consumption.  The  possession  of  any  domesticated 
trout  or  other  domesticated  fish  without  such  tag  afiixed  thereto  shall  be 
a  violation  of  this  act.  Only  tags  so  furnished  shall  be  used;  no  tag  shall 
be  used  more  than  once.  [Amendment  approved  May  26,  1917;  Stats. 
1917,  p.  942.] 

§  7.  Live  trout  transported.  Live  trout,  for  propagation  purposes 
only,  may  be  transported  when  accompanied  by  a  permit  issued  by  the 
fish'  and  game  commission,  and  not  otherwise.  [Amendment  approved 
May  2(i.  1917;  Stats.  1917,  ]..  942.] 

§  8.  Marking  of  package.  Before  any  domesticated  trout,  or  other 
domesticated  fish  named  in  the  aforesaid  license  or  permit,  are  shipped 
or  transported,  the  package  in  which  the  same  are  contained  must  have 
afTixtid  thereto  a  tag  on  which  shall  be  plainly  marked  the  number  of 
jiounds  and  kind  of  fish  contained  therein,  together  with  the  name  and 
address  of  the  consignee  and  the  consignor,  the  initial  point  of  billing 
and  the  point  of  destination.  |  Amendment  approved  May  26,  1917; 
Stats.   1917,  p.  942.] 


757  GAME  LAWS.  Act  1340J,  §§1,2 

§  9.  Sale  of  domesticated  fish.  Any  person  may  buy,  sell  or  have  in 
possession  for  sale  for  use  as  food  at  any  season  of  the  year  any  trout, 
or  other  domesticated  fish,  artificially  propagated  and  kept;  and  pro- 
vided, also,  that  the  same  is  tagged  as  hereinbefore  provided.  The  tag 
shall  be  removed  only  by  the  consumer,  and  when  removed  shall  be  de- 
stroyed.    [Amendment  approved  May  26,  1917;  Stats.  1917,  p.  942.] 

§  10.  Report  to  fish  and  game  commission.  Every  person  receiving  a 
license,  as  aforesaid,  to  propagate  and  raise  trout,  or  other  domesticated 
fish,  shall  malce  a  written  report  to  the  fish  and  game  commission  on  or 
before  December  thirty-first  of  each  year,  stating  the  number  and 
variety  of  trout,  or  other  fish  named  in  the  permit,  sold  or  exchanged, 
or  given  away,  for  use  as  food,  or  for  propagation  or  exhibition  during 
the  preceding  year. 

§  11.  Public  nuisance.  Any  lake,  pond,  or  any  body  of  water  main- 
tained in  violation  of  this  act  shall  be  deemed  a  continuing  public  nui- 
sance, and  may  be  abated  as  provided  by  law  for  the  abatement  of 
public  nuisances,  and  each  day  the  same  is  maintained  in  violation 
thereof  shall  be  deemed  a  separate  offense.  [Amendment  approved  May 
26,  1917;  Stats.  1917,  p.  943.-] 

§  12.  Penalty  for  violation.  License  revoked.  The  violation  of  any 
of  the  provisions  of  this  act  is  hereby  declared  a  misdemeanor  and  every 
person  violating  any  of  its  provisions  shall,  upon  conviction  thereof,  be 
fined  in  a  sum  not  less  than  twenty-five  dollars,  or  by  imprisonment  in 
the  county  jail  for  a  term  of  not  less  than  twenty  days,  or  by  both  such 
fine  and  imprisonment;  and  all  fines  collected  for  any  violation  of  any  of 
the  provisions  of  this  act  shall  be  paid  into  the  state  treasury,  to  the 
credit  of  the  fish  and  game  preservation  fund. 

If  any  person  to  whom  such  license  or  permit  shall  have  been  issued, 
under  the  provisions  of  this  act,  shall  be  convicted  of  a  violation  of  any 
of  the  fish  and  game  laws  of  this  state,  the  state  board  of  fish  and  game 
commissioners  may  revoke  the  license  or  permit  of  such  person  and  there- 
after no  similar  license  or  permit  shall  be  issued  to  such-  person. 
[Amendment  approved  May  26,  1917;  Stats.  1917,  p.  943.] 

ACT  1340J. 

An  act  to  provide  for  the  protection  of  fur-bearing  mammals,  defining 
fur-bearing  mammals,  providing  for  a  license  for  hunting  or  trapping 
such  fur-bearing  mammals  and  requiring  reports  to  be  filed  with  the 
fish  and  game  commission. 

[Approved  May  18,  1917.     Stats.  1917,  p.  653.     In  effect  .luly  27,  1917.] 

§  1.  Killing  fur-bearing  mammals.  Every  person  who,  between  the 
first  day  of  March  and  the  first  day  of  November  of  any  year,  traps, 
hunts,  takes  or  kills  any  fur-bearing  mammal  is  guilty  of  a  misdemeanor. 

§  2.  Killing  other  than  by  trap  or  gun.  Every  person  who  at  any 
time  takes,  hunts  or  kills  any  fur-bearing  mammal  in  any  manner  other 
than  by  trap  or  gun,  or  who  shall  at  any  time  take  or  kill  any  skunk  by 


Act  1340J,  §§  3-9  GENERAL  LAWS.  758 

digging  or  driving  them  from  dens  or  by  use  of  chemicals  is  guilty  of  a 
misdemeanor. 

§  3.  Unlawful  to  use  poison.  It  shall  be  unlawful  for  any  person  to 
use  poison  of  any  kind  in  the  taking  or  killing  of  any  fur-bearing  mam- 
mal; provided,  however,  that  the  fish  and  game  commission  may  in  its 
discretion  issue  to  any  person  a  permit  to  use  poison  in  the  taking  or 
killing  of  any  such  mammal  upon  an  application  therefor,  which  applica- 
tion shall  contain  detailed  information  concerning  the  kind  of  poison 
desired  to  be  used  and  when  and  where  it  is  desired  to  use  the  same; 
provided,  further,  that  such  fur-bearing  mammals  injuring  any  property 
may  be  taken  or  killed  at  any  time  in  any  manner. 

§  i.  Trapping  without  license.  Every  person  in  the  state  of  Cali- 
fornia who  traps  for  profit  any  fur-bearing  mammals  without  first  procur- 
ing a  license  therefor  as  provided  by  this  act  is  guilty  of  a  misdemeanor. 

§  5.  Licenses  to  trap  for  profit.  Licenses  granting  the  privilege  to 
trap  for  profit  any  fur-bearing  mammals  shall  be  issued  by  the  state 
board  of  fish  and  game  commissioners,  who  shall  prepare  suitable  licenses 
of  convenient  size  and  form  and  have  printed  thereon  the  words,  "trap- 
ping license  No.  ,  state  of  California.     Expires  June  30,  19 — ,"  with 

registration  number  and  a^jpropriate  year  printed  or  stamped  thereon, 
which  said  license  shall  be  prepared  by  the  state  board  of  fish  and  game 
commissioners,  which  board  shall  account  for  same  to  the  controller  of 
the  state. 

§6.     Fees.     Licenses   herein   provided   for   shall  be  issued   as  follows: 

(1)  To  any   citizen  of  the  United   States  upon   payment   of  one   dollar; 

(2)  To  any  person  not  a  citizen  of  the  United  States  upon  payment  of 
two  dollars;  provided,  however,  that  every  person  eighteen  years  of  age 
or  under  by  applying  to  the  state  board  of  fish  and  game  commissioners 
and  complying  with  the  provisions  of  section  four  of  this  act,  may  ob- 
tain a  license  without  the  payment  of  any  fee. 

§7.  Name,  address,  etc.  furnished.  Every  person  applying  for  and 
jirocuring  a  license  as  herein  provided  shall  furnish  to  the  state  board  of 
(ish  and  game  commissioners  his  name  and  resident  address.  Such  appli- 
cant shall  also  furnish  to  the  board  of  fish  and  game  commissioners  a 
written  description  of  himself  by  age,  height,  nationality,  color  of  eyes 
and  hair  and  shall  also  give  information  relative  to  the  sections  of  the  • 
state  in  which  he  intends  to  trap. 

§  8.  Term.  All  licenses  issued  as  herein  provided  shall  be  valid  and 
shall  authorize  the  person  to  whom  issued  to  trap  fur-bearing  mammals 
for  profit  on  and  from  the  first  day  of  July  of  the  year  in  which  said 
license  is  issued  until  the  date  of  expiration  written  or  stamped  thereon, 
but  no  license  slwill  (■(intiniie  in  force  for  a  longer  period  than  one  year. 

§9.  Statement  of  mammals  taken.  Kvery  person  to  whom  a  license 
is  iKHue.l,  under  the  provisions  of  this  act,  must,  before  the  first  day  of 
.Tuly  following  the  date  issued,  send  1o  the  fish  and  game  commission  a 
bworu  statement  sliowing  the  numlxT  oC  e;i<h   kind  of  fur-bearing  mam- 


759  GAME  LAWS.  Act  1340k,  §  1 

mals  taken  together  with  the  uame  and  address  of  the  firm  or  person  to 
whom  they  were  shipped  or  sold.  A  new  license  cannot  be  granted 
unless  this  provision  is  complied  with;  provided,  however,  that  the  pro- 
visions of  this  section  shall  not  apply  to  persons  eighteen  years  of  age 
or  under. 

§  10.  What  are  fur-hearing  mammals.  For  the  purpose  of  this  act, 
the  following  sball  be  considercMl  fur-bearing  mammals:  Black  and  brown 
bear,  ring-tailed  cat,  coon,  pine  martin,  fisher,  wolverine,  mink,  skunk, 
river  otter,  grey,  cross,  silver  and  red  fox. 

§  11.  Moneys  credited  to  fe'ame  preservation  fund.  All  moneys  col-' 
lected  from  licenses  as  provided  herein  and  all  fines  collected  for  viola- 
tions of  the  provisions  hereof  shall  be  paid  into  the  state  treasury  and 
credited  to  the  game  preservation  fund. 

§  12.  No  more  than  one  license.  Not  more  than  one  license  shall  be 
issued  to  any  one  peison  for  the  same  fiscal  year,  except  upon  an  affidavit 
by  the  applicant  that  the  one  issued  has  been  lost  or  destroyed  and  no 
license  issued  as  herein  provided  'shall  be*  transferable  or  used  by  any 
other  person  than  the  one  to  whom  it  was  issued. 

§  13.  Disturbing  traps.  Every  person  who  shall  disturb  or  remove  the 
traps  of  any  licensed  trapper  while  trapping  on  the  public  domain  or 
on  lands  where  he  has  permission  to  trap  is  guilty  of  a  misdemeanor. 

§  14.  Refusal  to  exhibit  license.  Every  person  having  a  license  as 
provided  herein  who  refuses '  to  exhibit  such  license  oy  any  furs  that 
may  be  in  his  possession  or  control  upon  the  demand  of  any  officer  au- 
thorized to  enforce  the  game  and  fish  laws  of  this  state  or  any  peace 
oflBcer  of  the  state  shall  be  guilty  of  a  misdemeanor,  and  every  person 
lawfully  having  such  license  who  transfers  or  disposes  of  same  to  an- 
other person  to  be  used  as  a  trapping  license  or  who  violates  any  of 
the  laws  for  the  protection  of  game  shall  forfeit  the  same. 

§  15.  Penalty.  Every  person  violating  any  of  the  provisions  of  this 
act  shall,  upon  conviction  thereof,  be  punished  by  a  fine  of  not  less  than 
ten  dollars  or  more  than  one  hundred  dollars  or  by  imprisonment  in  the 
county  jail  for  a  term  of  not  less  than  ten  or  more  than  one  hundred 
days,  or  by  both  such  fine  and  imprisonment. 

ACT  13i0k. 

An  act  empowering  the  state  board  of  health  to  examine  sources  from 
which  shellfish  are  taken;  making  it  unlawful  to  take  shellfish  from 
contaminated  sources  if  determined  by  said  board  to  be  a  menace 
to  health;  making  violations  of  this  act  misdemeanors  and  provid- 
ing for  the  punishment   of   same. 

[Approved  April  5,   1917.     Stats.   1917,  p.  42.     In  effect  July  27,   1917.] 

§  1.  Taking  of  oysters,  etc.,  unlawful,  when.  It  shall  be  unlawful  to 
take  oysters,  clams,  quahaugs,  mussels  or  other  shellfish  used  or  intended 
to  be  used  for  human  consumption  from  any  tidal  waters,  flats,  areas 


Act  13401,  §  1  GENERAL    LAWS.  760 

or  sourees  from  which  the  taking  of  such  shellfish  shall  be  determined  to 
be  a  menace  to  health  as  hereinafter  provided. 

§  2.  Examination  of  tidal  waters,  etc.,  by  state  board  of  health.  Post- 
ing of  notices.  The  state  board  of  health  may  and  is  hereby  empowered 
to  examine  any  tide  waters,  tiafs,  areas  or  sources  from  which  oysters, 
clams,  quahaugs,  mussels  or  other  shellfish  may  be  taken,  and  to  deter- 
mine whether  such  waters,  flats,  areas  or  sources  are  subject  to  sewage 
contamination,  and  to  determine  whether  the  taking  of  such  shellfish 
from  such  waters,  flats,  arens  or  sources  does  or  may  constitute  a  menace 
to  the  lives  and  health  of  human  beings.  Upon  the  determination  by 
said  state  board  of  health  that  such  waters,  flats,  areas  or  sources  are 
or  may  be  subject  to  sewage  contamination  and  that  the  taking  of  shell- 
fish therefrom  does  or  may  constitute  a  menace  to  the  lives  and  health 
of  human  beings,  said  board  shall  ascertain  as  accurately  as  may  be  the 
bounds  of  such  contamination,  and  shall  cause  the  posting  of  notices 
prohibiting  the  taking  of  shellfish  from  such  sources  and  describing  the 
bounds  of  the  tidal  flats,  waters,  areas  or  sourees  from  which  the  taking 
of  shellfish  shall  be  unlawful.  The  fact  of  the  posting  of  such  notices 
shall  be  published  once  a  week  for  four  successive  weeks  in  some  news- 
paper of  general  circulation,  published  in  the  county  in  which  such 
waters,  flats,  areas  or  sources  are  situated,  if  there  be  one,  and  if  there 
be  none,  then  in  a  newspaper  published  in  an  adjoining  county. 

§  3.  Enforcement.  It  shall  be  the  duty  of  the  state  board  of  health 
to  enforce  the  ]irovisions  of  this  act  and  its  inspectors  and  employees 
are  hereby  empowered  to  enter  upon  public  or  private  property  upon 
which  shellfish  may  be  located  at  all  times  for  the  purposes  of  this  act. 

§  4.  Penalty.  Any  person  violating  any  of  the  provisions  of  this  act 
shall  be  guilty  of  a  misdemeanor  and  upon  conviction  shall  be  punished 
by  a  fine  of  not  less  than  twenty-five  dollars  nor  more  than  five  hundred 
dollars  or  by  imprisonment  for  a  term  of  not  more  than  six  months,  or 
by  both  such  fine  and  imprisonment,  but  such  penalties  shall  not  be  in- 
curred until  the  fact  of  such  prohibition  shall  have  been  published  for 
four  successive  weeks,  as  above  provided.  Each  day's  violation  shall 
constitute  a   separate   and    distinct   offense. 

ACT  13401. 

An  act  to  license  canners,  curers.  preservers  and  packers  of  fish  and 
liandlers  of  crustaceans  and  mollusks,  and  providing  a  revenue  there- 
from for  the  conservation.  ])ro]iagation  and  restoration  of  fish  in 
the  state  of  California,  and  jiroviding  for  a  record  of  fish  caught 
or  received,  and  iirovidiiiy  penalties  for  tlie  \'iolations  of  the  pro- 
visions thereof.  :iimI  repealing  all  acts  and  parts  of  acts  in  conflict 
therewith. 

I  Aj. proved  May  28,   1917.     Stats.   l'.)17,  p.    IL'T.'..      In  ellVrt  .Inly  L'7,   1917.] 

§  1.  Unlawful  to  can,  etc.,  fish  without  license.  Any  person  in  this 
state,  who  engages  in  the  hnsiness  of  raniiing.  eiiring.  preserving  or 
packing  fish,  which   are   taken    in    the    waters   of   this  state   or  are  brought 


761  GAME  LAWS.  Act  13401,  §§  2-5 

into  this  state  in  a  fresh  coudition;  or  of  manufacturing  fish  scrap,  fish 
inea],  fish  oil,  ehickeiJ  feed  or  fertilizer  from  fish  or  fish  offal;  or  of 
dealing  in  mollusks  or  crustaceans  by  wholesale,  without  first  procuring 
a  lifcnge  for  each  plant  or  place  of  business  is  guilty  of  a  misdemeanor. 

§2.  Licenses  prepared  by  controller.  The  controller  of  state  shall 
[trepare  suitable  licenses,  of  the  classes  designated  by  the  fish  and  game 
commissioners,  which  shall  license  the  holder  of  such  license  to  can, 
cure,  preserve  or  pack  fish,  to  manufacture  fish  meal,  fish  oil  and  other 
products  from  fish,  and  to  deal  in  mollusks  and  crustaceans  by  whole- 
sale in  this  state,  (subject  to  the  restrictions  provided  by  law)  as  pro- 
vided in  section  1  of  this  act,  for  the  term  of  one  year  from  the  first, 
day  of  July  of  one  year  to  the  thirtieth  day  of  June  of  the  year  fol- 
lowing. All  licenses  shall  be  numbered  consecutively,  beginning  with 
number  one  and  contain  blanks  for  the  insection  of  the  name  of  the 
holder,  his  residence,  and  place  of  business,  which  information  shall  be 
furnished  by  the  applicant  to  the  board  of  fish  and  game  commissioners. 
The  controller  shall  sign  all  licenses  and  deliver  the  same  to  the  fish 
and  game  commissioners,  on  demand,  who  shall  be  charged  for  the  same 
by  the  controller.  Each  license,  before  delivery  to  the  applicant  for  a 
license,  must  be  countersigned  by  the  president  of  the  board  of  fish 
and  game  commissioners  and  the  president  of  the  board  of  fish  and  game 
commissioners  shall  execute  a  bond  to  the  people  of  the  state  of  Califor- 
nia in  the  sum  of  two  thousand  dollars  for  the  faithful  performance  of 
the   duties  imposed  upon  him  by  this  act. 

§3.  Issued  to  whom.  Licenses  shall  be  issued  and  delivered  upon 
application  to  the  state  board  of  fish  and  game  commissioners  or  their 
deputies.  The  licenses  herein  provided  for  shall  be  issued  as  follows: 
To  any  citizen  of  the  United  States  and  to  any  person  who  has  duly 
made  his  declaration  of  intention  to  become  a  citizen  of  the  United 
States  as  provided  by  law,  upon  the  payment  of  five  dollars;  to  any 
person  not  a  citizen  of  the  United  States,  upon  the  payment  of  twenty 
dollars.  In  case  a  license  is  lost  or  destroyed,  a  duplicate  may  be  issued 
to  any  licensee  by  the  fish  and  game  commission,  upon  an  affidavit  by 
him  that  the  one  issued  has  been  lost  or  destroyed.  Every  person  hav- 
ing a  license  as  provided  herein,  who  refuses  to  exhibit  such  license  upon 
demand  of  any  officer  authorized  to  enforce  the  fish  and  game  laws  of 
this  state,  or  any  peace  officer  of  this  state,  or  who  transfers  or  disposes 
of  the  same  to  another  person  to  be  used  as  a  license,  shall  forfeit  this 
license. 

§4.  Payment  of  fees.  The  said  license  fees  must  be  paid  to  the  fish 
and  game  commissioners  or  to  some  one  designated  by  tliem  for  that 
purpose. 

§  5.  Record  of  fish  purchased.  Monthly  statement  to  fish  and  game 
commission.  Every  person  operating  under  a  license  as  provided  in 
section  one  of  this  act,  and  every  person  dealing  in  fresh  fish  shall  keep 
a  book  or  books  in  which  shall  be  entered  a  full  and  correct  record, 
in  the  English  language,  of  all  fresji  fish  purchased  or  received  by  them 


Act  13401,  §§  6,  7  GENERAL,  LAWS.  762 

from  fishermen  or  taken  by  themselves,  giving  the  names  of  the  different 
species,  and  the  number  of  pounds  so  received  or  ca*ught  of  each  different 
species,  and  the  name  and  address  of  the  person  or  persons  from  whom 
such  fish  were  received.  Said  book  or  books  are  to  be  open  at  all  times 
for  the  inspection  of  members  of  the  fish  and  game  commission  or  per- 
sons duly  authorized  by  them.  They  shall  also  render  to  the  fish  and 
game  commission,  on  or  before  the  tenth  day  of  each  month  on  blanks 
to  be  furnished  by  the  said  fish  and  game  commission,  a  true  and  cor- 
rect statement  showing  the  amount  of  each  species  of  fresh  fish,  stated 
separately,  so  purchased,  received  or  caught  during  the  previous  month, 
together  with  the  name  ,and  address  of  the  person  or  persons  from 
whom  such  fish  were  received  or  purchased.  Said  monthly  statetments 
are  to  be  accompanied  by  an  affidavit  to  the  effect  that  the  said  report  is 
a  true  and  correct  statement  of  all  the  fish  received  from  fishermen  or 
caught  by  themselves  during  the  time  covered  by  the  report. 

§  6.  Eeceipts  to  fishermen.  Every  person  operating  under  a  license  as 
provided  in  section  1  of  this  act,  and  every  person  dealing  in  fish  who 
receives  fish  from  fishermen  shall  issue  receipts  to  the  fishermen  from  whom 
fish  are  received  and  shall  give  in  such  receipt  the  date  of  issuance, 
the  name  of  the  fisherman  or  fishermen  to  whom  issued,  the  weight 
in  pounds  of  each  variety  of  fish  received,  the  price  per  pound  paid  to  the 
fishermen,  and  the  signature  of  the  dealer  who  issued  the  receipt.  A 
duplicate  manifold  copy  of  this  receipt  shall  be  kept  on  file  by  the  dealer 
issuing  the  same,  for  a  period  of  six  mouths  and  the  said  duplicate  copy 
shall  be  available  for  inspection  at  any  time  within  six  months,  upon 
demand  of  the  fish  and  game  commissioner,  or  any  duly  authorized  assist- 
ant thereof. 

§  7.  Privilege  tax.  Quarterly  report  of  fresh  fish  purchased.  Affi- 
davit. Forfeiture  of  license.  Every  i)erson  operating  under  a  license,  as 
provided  in  section  one  of  this  act,  shall,  in  addition  to  the  license  fee,  pay 
a  privilege  tax  of  two  and  one-half  cents  for  each  one  hundred  pounds, 
or  fraction  thereof,  of  fish  purchased  or  received  by  them,  or  fish  caught 
or  taken  by  themselves,  with  their  own  equipment;  provided,  that  any 
fish,  excepting  mollusks  and  crustaceans,  so  taken  or  received,  which 
are  utilized  for  luinian  eoiisuni))tion  in  its  fresh  state,  shall  not  be  sub- 
ject to  such  tax;  and  inoxidcil,  furtlier,  that  herring  and  buck  shad 
shall  also  be  exem|)t  from  the  tax  provided  herein;  and  such  person 
shall,  in  addition  to  making  a  monthly  report  as  provided  in  section  five 
of  this  act,  make  a  quarterly  report  to  the  fish  and  game  commission, 
showing  the  total  amount  of  fresh  fish,  in  pounds,  purchased,  caught 
or  received  by  them  (for  pur|)oses  othey  than  human  consumption  in  its 
iresh  state),  and  of  inollusks  and  crustaceans  purchased  or  received 
liv  tliom  from  fishernicii,  or  (•■•ui^ilit  liy  themselves,  whether  they  be  used 
I'ri'sh  or  otherwise,  during  the  tlirci'  iimntlis  next  preceding  March 
1  hirty-first,  .rune  lliirtieth,  Se|itembi'r  thirtieth,  and  December  thirty-first 
of  each  year.  I'.lanks  for  this  re|)ort  shall  be  furnislied  by  the  fish  and 
j^anie  commission.  ;iiid  sudi  report  sliali  lie  rondcdcd  fo  tlie  fish  and  game 
commisHJou,    not    hiler    tli:ni    I  lie    liflccnll:    d;iy    of    tlic    month    following 


763  GAME  LAWS.  Acts  1439b,  1447 

the  months  of  Marcli,  Jiiiie,  September  and  December  of  eacli  year. 
Said  reports  shall  be  accompanied  by  an  aflidavit  by  the  person  or  firm 
purchasing,  taking,  catching  or  receiving  such  fish,  to  the  effect  that 
said  report  is  a  true  and  correct  record  of  all  fish  caught  or  received 
by  them  (for  purposes  other  than  human  consumption  in  its  fresh 
state);  and  of  all  mollusks  and  crustaceans  purchased  or  received  from 
fishermen,  or  caught  by  themselves,  during  the  quarterly  period  covered 
by  the  report.  Upon  the  failure  of  any  person  operating  under  a  license, 
as  provided  in  section  one  of  this  act,  to  pay  the  privilege  tax  provided 
herein,  said  person  shall  forfeit  his  license  for  a  period  of  one  year. 
Said  privilege  tax  shall  be  paid  to  the  fish  and  game  commission,  or 
some  one  authorized  by  them,  within  tliirty  days  after  the  close  of  each 
quarterly  period. 

§  8.  Moneys  used  for  conservation  work.  All  moneys  collected  from 
the  sale  of  licenses  and  from  the  privilege  tax  on  fish,  as  herein  provided, 
shall  bo  paid  to  the  fish  and  game  commissioners,  or  some  one  desig- 
nated by  them  for  that  purpose  and  all  money  so  collected  shall  be  paid 
by  the  fish  and  game  commissioners  into  the  state  treasury,  to  the  credit 
of  the  fish  and  game  preservation  fund,  and  shall  be  expended  on  con- 
servation work  for  the  benefit  of  the  commercial  fishing  industries 
within  the  districts  from  which  the  revenues  are  derived. 

§  9.  Penalty  for  violation.  The  violation  of  any  of  the  provisions 
of  this  act  is  hereby  declared  a  misdemeanor,  and  every  person  violat- 
ing any  of  its  provisions,  shall,  upon  conviction  thereof,  be  fined  in  a 
sum  not  less  than  one  hundred  nor  more  than  five  hundred  dollars,  or 
by  imprisonment  in  the  county  jail  for  a  term  of  not  less  than  twenty- 
five  nor  more  than  one  hundred  fifty  days,  or  by  both  such  fine  and  im- 
prisonment; and  all  fines  collected  for  any  violation  of  any  of  the  provi- 
sions of  this  section  shall  be  paid  into  the  state  treasury,  to  the  credit 
of  the  fish  and  game  preservation  fund. 

§  10.  Repealed.  All  acts  and  parts  of  acts  in  conflict  herewith  are 
hereby  repealed. 

ACT  1439b. 

An  act  to  authorize  the  board  of  state  harbor  commissioners  of  San 
Francisco  harbor  to  pay  the  claim  of  the  Fidelity  and  Deposit  Com- 
pany of  Maryland.  [Approved  May  31,  1917.  Stats.  1917,  p.  1514. 
In  effect  July  30,  1917.] 

This  act  authorized  the  harbor  commissioners  to  pay  the  claim  of 
the  Fidelity  and  Deposit  Company  of  Maryland  for  the  sum  of 
$1,218.92. 

TITLE  229.. 

HIGHWAYS. 

ACT   1447. 

An  act  authorizing  any  county  to  permit  the  construction  and  mainte- 
nance of  a  highway  or  boulevard  over  highways  within  its  limits 
connecting   with   main   public   highways   of   an   adjoining   county    by 


Act  1447a  general  laws.  764 

the  board  of  supervisors  or  highway  commissioners  of  such  adjoiu- 
ing  county,  permitting  boards  of  supervisors  of  such  adjoining 
counties  to  construct  and  maintain  such  bridge  or  bridges  on  such 
highways  or  boulevards  as  they  may  deem  necessary,  permitting 
such  boards  of  supervisors  to  macadamize  or  pave  or  gutter  such 
highways  or  boulevards,  providing  the  manner  in  which  the  cost 
and  expense  thereof  shall  be  paid,  and  prescribing  the  procedure 
whereby  the  use,  control,  maintenance  and  jurisdiction  of  any  high- 
way or  boulevard  constructed  under  the  provisions  of  this  act  may 
be  retransferred  to  the  county  originally  granting  the  use  thereof. 

[Approved   April   6,   1917.     Stats.   1917,   p.   8S.     Ir   effect  July  27,   1917.] 

§  1.  Counties  permitted  to  maintain  highways  connecting  with  those 
of  another  county.  Any  county  in  this  state  is  hereby  authorizezd  and 
empowered  to  permit,  by  and  through  an  ordinance  of  its  board  of 
supervisors,  the  us-e  of  any  of  its  public  highways  connecting  with  any 
main  public  highway  of  an  adjoining  county  by  the  board  of  supervisors 
or  highway  commissioners  of  such  adjoining  county,  for  the  purpose  of 
constructing  and  maintaining  thereon  a  highwav  or  boulevard  serving 
the  needs  of  residents  of  both  counties;  and  the  board  of  supervisors 
of  any  such  adjoining  county,  if  it  accepts  the  provisions  of  the  ordi- 
nance adopted  by  the  board  of  supervisors  of  the  county  granting  the 
use,  shall  have  the  power  to  construct  and  maintain  any  such  highway 
or  boulevard,  or  to  construct  or  maintain  such  bridge  or  bridges  on  such 
highway  or  boulevard  as  it  may  deem  necessary,  or  to  macadamize, 
pave,  curb  or  gutter  such  highway  or  boulevard  in  such  manner  as  it 
may  determine,  and  the  cost  or  expense  thereof  shall  be  paid  out  of  the 
general  fund  of  the  county  treasury,  or  such  other  fund  as  the  board 
of  supervisors  may  designate,  or  which  shall  otherwise  be  provided,  of 
the  county  to  which  the  use  is  granted.  The  boards  of  supervisors  of 
any  counties  proceeding  under  the  provisions  of  this  act  may  by  mutual 
consent,  expressed  through  ordinances  of  the  respective  boards,  retrans- 
fer  the  use,  control,  maintenance  and  jurisdiction  of  any  highway  or 
boulevard  constructed  under  the  provisions  hereof  to  the  county  origi- 
uall}-  granting  the  use. 

ACT  1447a. 

An  act  making  an  approiiriatiou  to  jiay  any  assessment  that  may  be 
imposed  against  the  state  of  California  under  the  provisions  of  an 
act  entitled  "An  act  providing  for  the  creation,  organization  and 
government  of  joint  highway  districts  composed  of  two  or  more 
counties  of  the  state  of  California,"  approved  April  5,  1917;  to  pay 
the  share  of  the  state  of  California  under  any  agreement  or  agree- 
ments with  the  United  States  government  for  co-operative  work  in 
the  construction,  improv(?\nent  or  maintenance  of  highways  useful 
for  military  purposes  and  authorizing  the  state  department  of 
engineering  to  enter  into  any  such  agreements;  and  to  pay  the  cost 
of  Tuaking  surveys  and  pre|iariiig  plans  and  estimates  for  the  follow- 
ing   highways:    An    extension    of    the    Trinity-numboldt    state    road. 


765  HIGHWAYS.  Act  1448,  §  10 

from  its  westorly  end,  in  a  westeily  direction,  and  to  the  towu  of 
Bridgeville,  in  Humboldt  county;  a  highway  beginning  at  or  near 
Oxnard  in  Ventura  county,  California,  and  extending  to  a  point 
near  San  Juan  in  Orange  county,  California;  a  highway  from  Jack- 
son's ranch  near  Pescadero  in  San  Mateo  county,  California,  to 
Governor's  Camp  in  the  California  Redwood  Park,  Santa  Cruz  county, 
California;  a  highway  beginning  at  Carmel  in  Monterey  county, 
California,  and  running  thence  in  a  southerly  direction  to  San 
Simeon  in  San  Luis  Obispo  county,  California,  and  a  lateral  high- 
way from  a  point  most  feasible  thereon  to  a  point  at  or  near  Jolon 
in  said  Monterey  county;  a  bridge  to  span  San  Francisco  bay  at 
or  near  Dumbarton  Point;  and  a  highway  from  the  western  bound- 
ary line  of  Kern  county,  California,  to  the  state  highway  near  the 
city  of  Santa  Maria,  Santa  Barbara  county,  California.  [Approved 
June  1,  1917.     Stats.  1917,  p.   1519.     In  effect  July  31,   1917.]. 

The  act  appropriated  $250,000  for  the  purpose  indicated. 

ACT  1448. 

A.n  act  providing  for  the  laying  out,  constructing,  straightening,  im- 
provement and  repair  of  main  public  highways  in  any  county,  pro- 
viding for  the  voting,  issuing,  and  selling  of  county  bonds  and  the 
acceptance  of  donations  to  pay  for  such  work  and  improvements, 
providing  for  a  highway  commission  to  have  charge  of  such  work 
and  improvements,  and  authorizing  cities  and  towns  to  improve  the 
portions  of  such  highways  within  their  corporate  limits  and  to  issue 
and  sell  bonds  therefor. 

[Approved   March    19,   1907.     Stats.    1907,   p.   666.] 

Amended  1909,  p.   151;   1911,  pp.  505,  589;   1911    (Ex  Sess.),  p.  65; 
1913,   p.   324;    1917,  p.   154. 

The  amendment  of   1917  follows: 

§  10.  Improvements  must  be  durable.  Highway  shall  not  be  used 
by  railroad.  Use  of  highway  by  railroad  in  incorporated  city.  All  im- 
provements constructed  under  this  act  shall  be  of  a  durable  and  lasting 
character;  provided,  that  said  commission  shall  have  the  power  to  de- 
termine how  said  highways  shall  be  improved  and  constructed,  and  the 
character  of  the  materials  to  be  used  in  the  improvement  and  construc- 
tion thereof.  If  said  commission  shall  determine  that  said  highways, 
or  any  of  them,  shall  be  macadamized  or  paved,  then  the  macadamized 
or  paved  portion  of  the  roadbed  constructed  or  any  highway  portion 
thereof  improved  under  this  act,  shall  not  exceed  eighteen  feet  in  width, 
unless  donations  are  made  to  the  highway  commission  for  that  purpose, 
in  which  case  such  donations  may  be  used  to  defray  the  increased  cost 
of  constructing  such  macadamized  or  paved  roadbed  more  than  eigh- 
teen feet  wide  on  any  part  of  such  highway  specified  by  the  donors; 
but  no  part  of  the  proceeds  of  any  bond  issue  shall  be  expended  for 
such  purpose.  No  railroad,  electric  road,  or  street  railroad  shall  be 
constructed  along  or  upon  any  highway,  or  any  portion  thereof,  im- 
proved  under   the   provision   of   this   act,   except  for   crossings    duly   au- 


Act  1448a,  §  1  general  laws.  766 

thorized  by  the  board  of  supervisors,  nor  shall  any  board  of  supervisors 
have  power  to  grant  any  franchise  for  the  construction  of  any  railroad, 
electric  road,  or  street  railroad  along  or  upon  any  such  highway  or 
portion  thereof,  except  for  crossings;  provided,  that  when  any  such 
highway  or  portion  thereof  shall,  after  the  improvement  of  the  same 
under  the  provisions  of  this  act,  be  included  within  the  boundaries  of 
any  incorporated  city,  city  and  county  or  town  the  foregoing  provisious 
of  this  section  shall  not  prohibit  the  granting  of  any  such  franchise  by 
the  proper  municipal  authorities  along,  upon  or  across  any  such  high- 
way, or  portion  thereof  so  included  within  the  boundaries  of  any  such 
incorporated  city,  city  and  county,  or  town.  Any  such  franchise  shall 
be  granted  only  upon  the  express  condition  that  the  grantee  thereof 
will  pay  to  the  county  for  the  benefit  of  the  general  fund  thereof 
an  amount  equal  to  the  cost  of  the  improvement  or  construction  of  such 
portion  of  the  roadbed  or  highway  constructed  or  improved  under  the 
provisions  of  this  act  as  shall  be  occupied  by  the  track  or  tracks  of  such 
railroad,  electric  road  or  street  railroad.  [Amendment  approved  April 
20,  1917;  Stats.  1917,  p.  151.] 

ACT  1448a. 

An  act  to  legalize  the  organization  of  permanent  road  divisions  and 
validate  all  proceedings  for  the  issuance  of  bonds  of  said  divisions 
where  authority  for  issuance  of  said  bonds  has  already  been  given 
by  a  vote  of  at  least  two-thirds  of  the  electors  of  any  permanent 
road  division. 

[Approved  April  19,  1917.     Stats.  1917,  \k  141.     In  effect  July  27,  1917.] 

§  1.  Organization  of  permanent  road  divisions  validated.  Time  for 
instituting  suit.  In  all  cases  where  the  board  of  supervisors  of  any 
count}'  of  this  state,  purporting  to  act  under  and  by  virtue  of  the  pro- 
ceedings of  the  Political  Code  applicable  thereto,  has  organized  a  per- 
manent road  division,  all  proceedings  for  the  organization  of  any  such 
road  division  and  the  organization  thei'eof  are  hereby  validated  and 
declared  legal  and  no  proceedings  to  test  the  validity  of  any  such  road 
division  shall  be  maintained  unless  instituted  within  ninety  days  from 
the  effective  date  of  this  act.  Whenever  the  board  of  supervisors  of 
any  county  has  ordered  the  issuance  of  bonds  of  any  such  road  division, 
after  an  election  of  the  qualified  electors  thereof  has  been  held  to  de- 
termine whether  such  indebtedness  shall  be  incurred,  at  which  election 
not  less  than  two-thirds  of  nil  the  qualified  electors  voting  at  such 
election  have  voted  in  favor  of  incurring  such  indebtedness,  all  the 
proceedings  preceding  and  including  the  issuance  and  the  proposed  issu- 
ance of  such  bonds  are  hereby  validated,  ratified  and  confirmed;  and 
all  such  bonds  sold  or  \t>  be  ^old  for  not  less  than  par  and  accrued 
interest  are  hereby  dcclareil  lo  be  valid  and  legal  obligations  of  such 
road  divisions  in  accordance  wath  their  terms,  and  no  suit  shall  be  main- 
tained to  prevent  the  issuance,  sale  or  delivery  of  a-ny  such  bonds  or 
to  prevent  the  j)ayment  of  p!iiiii|i;il  or  of  the  interest  accruing  thereon 
when  siu'li  jiriiicifial  and  interest,  respectively,  become  due  in  accord- 
ance with  the  trims  of  such  bonds,  unless  such  suit  is  instituted  within 
ninety  days  hmti  the  effective  date  of  tliis  act. 


767  HIGHWAYS.  Act  1449a,  §§  1, 2 

ACT  1449a. 

An  act  to  provide  for  the  formation  and  establishment  of  boulevard 
districts;  the  construction,  acquisition,  maintenance,  control  and  use 
of  boulevards;  defining  the  term  boulevard;  providing  for  the  vot- 
ing, issuing  and  selling  of  bonds,  and  the  levying  of  taxes-  to  pay 
for  the  acquisition,  construction,  maintenance  and  repair  of  such 
boulevard;  providing  for  a  boulevard  commission  to  have  charge  of 
the  affairs  of  boulevard  districts,  and  the  construction,  maintenance 
and  repair  of  boulevards,  within  sucli  districts;  providing  for  the 
election  of  such  commission,  their  terms  of  office,  and  of  elections 
to  be  held  in  such  districts;  and  repealing  an  act  entitled  "An  act 
to  provide  for  the  formation  of  boulevard  districts,  and  the  con- 
struction, maintenance,  and  use  of  boulevards,  and  defining  the  term 
boulevard,"  approved  March  22,  1905,  and  the  act  amendatory 
thereof,  apj^roved  April  15,  1909. 

[Approved  May  1,  1911.     Stats.  191.1,  p.  1425.] 

Amended  Ex.  Sess.  1911,  p.  223;  1913,  p.  394;  1917,  p.  1299. 

The  amendment  of  1917  follows: 

§  1.  Boulevard  district  formed.  Any  portion  of  a  county  not  con- 
tained in  a  boulevard  district  under  the  provisions  of  this  act,  may  be 
formed  into  a  boulevard   district,  and  when  so  formed   shall  be   known 

and  designated  by  the  name  and  style  of  boulevard  district   (using 

the  name  of  the  district)   of county  (using  the  name  of  the  county 

in   which    said    district  is  located),   and    shall    have   the  rights    heroin 
enumerated,  and  such  as  may  hereafter  be  conferred  by  law. 

§  2.  Petition  to  board  of  supervisors.  Bond  filed.  A  petition  for  the 
formation  of  such  boulevard  district  (naming  it)  may  be  presented  to 
the  board  of  supervisors  of  the  county  wherein  the  district  is  proposed 
to  be  formed,  which  said  petition  shall  be  signed  by  not  less  than  ten 
freeholders,  owning  land  within  the  proposed  district  and  shall  contain: 

(1)  The  boundaries  of  the  proposed  district  and  an  estimate  of  the 
number  of  inhabitants  residing  therein; 

(2)  An  estimate  of  the  number  of  acres  contained  therein  and  the 
assessed  value  thereof  and  of  the  improvements   thereon; 

(3)  A  request  that  an  election  be  called  within  said  district  for  the 
purpose  of  determining  the  question  of  the  formation  of  said  boulevard 
district,  for  the  construction  and  maintenance  of  a  boulevard  or  boule- 
vards therein  under  the  provisions   of  this  act. 

There  shall  be  filed  with  said  board  of  supervisors  at  the  time  of 
the  filing  of  the  petition  for  the  organization  of  said  boulevard  district 
with  said  board,  a  bond  in  the  sum  of  not  more  than  three  hundred 
dollars,  with  two  sufficient  sureties,  to  be  approved  bv  said  board,  who 
shall  each  qualify  in  double  the  amount  of  said  bond,  conditioned  that 
they  will  pay  the  expense  and  cost  of  said  election  in  an  amount  not 
exceeding  the  amount  mentioned  in  said  bond,  in  case  the  proposition 
to   organize  said   district  shall  be  defeated  at   said  election. 


Act  144r9a,  §§  3-5  general  laws.  768 

§  3.  Hearing  on  petition.  Such  pi-tition  must  be  presented  at  a  reg- 
ular lueetiug  of  said  board  of  supervisors  aud  they  shall  thereupon 
fix  a  time  for  hearing  said  petition,  not  less  than  twenty,  nor  more  than 
sixty  days  after  the  date  of  presentation  thereof,  and  shall  publish  a 
notice  of  the  fact  that  such  petition  has  been  filed  (referring  to  the 
same  on  file  with  the  clerk  of  the  board  of  supervisors  for  further  par- 
ticulars) and  giving  the  time  and  place  at  which  said  petition  will  be 
heard,  and  directing  all  parties  interested  to  appear  at  said  time  and 
place,  and  show  cause,  if  any  they  have,  why  said  petition  should  not 
be  granted,  which  said  notice  shall  be  published  at  least  once  a  week 
for  two  consecutive  weeks  in  some  newspaper  published  and  circulated 
in  said  proposed  district;  provided,  that  if  no  newspaper  be  so  pub- 
lished in  said  district,  then  said  notice  shall  be  so  published  in  some 
new^spaper  published  and  circulated  at  the  county  seat  of  the  county 
in  which  said  proposed  district  is  located. 

§  i.  Land  excluded.  Lands  included.  Tpon  the  daj-  named  for  the 
hearing  of  said  petition,  the  board  of  supervisors  shall  hear  the  same 
and  any  objections  thereto  and  may  adjourn  such  hearing  from  time  to 
time,  not  more  than  sixty  days  in  all.  If  the  board  find  that  lands  have 
been  improperly  included,  it  may  in  fixing  the  final  boundaries  exclude 
from  such  district  any  lands  which  may  have  been  so  included,  or  the 
board  may,  ag  it  deems  for  the  best  interests  of  such  district,  include 
any  adjacent  lands  outside  the  boundaries  described  in  said  petition, 
either  on  petition  of  the  owners  of  such  lands,  or  upon  notice  of  its 
intention  to  include  such  adjacent  lands  by  publication  once  a  week 
for  two  successive  weeks  in  a  newspaper  of  general  circulation  pub- 
lished either  in  said  district  or  at  the  county  scat,  which  notice  shall 
refer  to  the  petition  for  the  formation  of  the  district  on  file  with  the 
board  of  supervisors,  shall  describe  the  adjacent  territory  intended  to 
be  included  within  the  proposed  boundaries  of  said  proposed  district 
and  shall  direct  all  persons  interested  therein  to  appear  at  a  specified 
time  and  place  and  show  cause  if  any  there  be  why  said  adjacent  lands 
should  not  be  so  included.  Upon  the  petition  and  evidence  produced  at 
such  hearings  the  board  shall  deterniine  and  fix  the  boundaries  of  such 
district  and  must  th(>reupori,  ]^y  order,  define  and  psta])lish  such  bound- 
aries. 

§5.  Election.  Notice.  Tlie  board  of  su|ier\isors  thereupon,  and  not 
later  than  thirty  days  after  the  establishment  of  said  boundaries,  as 
hereinbefore  provided,  shall  by  order,  call  an  election  to  be  held  in 
such  proposed  boulevard  district  for  the  purpose  of  determining  whether 
such  district  shall  be  formed.  The  order  must  fix  the  day  of  such  elec- 
tion, which  must  be  within  sixty  days  from  the  date  of  the  order,  and 
must  show  the  boundaries  of  the  proposed  district,  and  must  state  that 
at  such  election  one  member  (if  Ihc  boulevard  commission  will  be  voted 
for.  This  order  shall  be  entered  in  the  minutes  of  the  board,  and  shall 
be  conclusive  evidence  of  the  due  presentation  of  a  proper  petition,  and 
of  the  fact  that  each  of  the  petitioners  was,  at  the  time  of  the  signing 
and  presentation   of  such   petition,  a   freeholder  owning  land   within   the 


769  HIGHWAYS.  Act  1449a,  ^  G 

proposed  district  and  that  all  other  stops  and  actions  requisite  to  and 
pertaining  to  the  making  of  said  order,  including  tlie  hearing  of  said 
petition  and  establishment  of  the  boundaries  of  said  district,  have  been 
properly  taken;  notice  of  such  election  sliall  be  given  by  posting  a  copy 
of  such  order  for  three  successive  weeks  prior  to  the  election,  in  three 
public  places  witiiin  the  proposed  district,  and  by  publication  of  a  copy. 
of  such  order  at  least  once  a  week  for  three  successive  weeks  i)rior  to 
the  election  in  some  newspaper  published  in  tlie  proposed  district,  if 
there  be  one,  and  if  not,  in  some  newspaper  jiublislied  at  tlie  county 
seat. 

§  6.  Polling  places.  Election  officers.  Ballots.  Election  of  member 
of  boulevard  district.  Canvass  of  returns.  The  board  of  supervisors, 
at  least  fifteen  days  prior  to  the  election,  shall  select  one,  and  may  select 
two,  polling  places  within  the  proposed  district,  and  make  all  suitable 
arrangements  for  the  holding  of  such  election.  They  must  select  and 
appoint,  from  among  the  qualified  electors  of  the  proposed  boulevard 
district,  one  inspector  and  two  judges  of  election  in  each  polling  place, 
who  shall  constitute  the  officers  of  said  election  and  the  election  board; 
if  none  are  so  appointed  or  if  any  officer  appointed  does  not  attend 
at  the  opening  of  the  polls  on  the  morning  of  election,  the  electors 
present  may  appoint  substitutes  to  fill  the  election  board.  The  ballot 
shall  contain  the  words  "boulevard  district — yes,"  and  "boulevard  dis- 
trict— no,"  and  shall  also  make  provision  for  voting  for  one  member 
of  the  boulevard  commission  of  said  district.  At  such  election  there 
shall  be  elected  one  member  of  the  boulevard  commission,  whose  term 
of  office  shall  be  for  four  years  and  until  the  election,  or  appointment, 
and  qualification  of  his  successor.  Such  election,  and  all  subsequent, 
or  other,  elections  in  said  district  shall,  except  as  herein  otherwise  ex- 
pressly provided,  be  conducted  as  nearly  as  practicable  in  accordance 
with  the  general  election  laws  of  the  state,  except  that  the  provisions 
of  said  laws  as  to  the  form  of  ballots  and  the  making  of  nominations 
and  the  selection  or  appointment  of  officers  of  election,  shall  not  apply, 
and  that  no  irregularity  or  informality  in  conducting  any  election 
under  this  act,  not  substantially  affecting  adversely  the  legal  rights  of 
any  elector,  as  herein  defined,  shall  invalidate  or  affect  such  election. 
At  each  election  pursuant  to  this  act,  every  qualified  elector,  resident 
within  the  district  as  proposed  or  established,  and  who  would  be  entitled 
on  the  date  of  the  respective  election  to  vote  in  said  district  at  a  general 
election,  shall  be  entitled  to  vote  at  such  election.  The  said  offi- 
cers of  election  must  make  return  of  the  election  to  the  board  of  super- 
visors of  said  county,  which  shall  canvass  said  returns  as  by  law  pro- 
vided, and  if  a  majority  of  the  votes  cast  at  such  election  shall  be  in 
favor  of  a  boulevard  district  the  board  of  supervisors  shall  make  and 
cause  to  be  entered  in  the  minutes  of  said  board  an  order  that  the 
boulevard  district  of  the  name,  and  with  the  boundaries  theretofore  es- 
tablished by  said  board  (setting  forth  such  boundaries),  has  been  duly 
established,  and  shall  declare  the  person  receiving  the  highest  num- 
ber of  votes  for  member  of  the  boulevard  commission,  duly  elected  as 
49 


Act  1449a,  §  7  general  laws.  770 

such  eommissiouer;  aud  said  order  shall  be  conclusive  evidence  of  the 
fact  and  regularity  of  all  prior  proceedings  of  every  kind  and  nature 
provided  for  by  this  act  or  by  law,  and  of  the  existence  and  validity 
of  the  boulevard  district.  If  a  majority  of  the  votes  cast  shall  be 
against  a  boulevard  district,  the  board  shall  by  order  entered  in  its 
minutes  so  declare,  and  no  other  proceeding  shall  be  taken  in  relation 
thereto  until  the  expiration  of  one  year  from  the  date  of  the  presenta- 
tion of  the  petition  to  said  board. 

Sections  7  to  23,  inclusive,  of  the  original  were  repealed  by  the  amend- 
atory act  of  1917  and  the  following  new  sections  were  added: 

§7.  Officers.  Vacancy,  Appointment  of  member  by  state  highway 
commission.  Term.  Bond.  No  compensation.  The  officers  of  the  dis- 
trict shall  be  three  members  of  the  boulevard  commission,  who  shall  be 
designated  as  commissioners,  and  shall  be,  except  as  hereinafter  provided, 
the  chairman  of  the  board  of  supervisors  aud  the  county  surveyor,  or  the 
county  engineer,  as  the  case  may  be,  of  the  county  in  which  the  district 
is  situated,  who  shall  be  ex-officio  commissioners,  and  a  third  commis- 
sioner elected  as  herein  provided  who  must  have  been  a  bona  fide  resident 
and  freeholder  within  the  boundaries  of  the  district  for  at  least  one 
year  prior  to  his  election.  Any  vacancy  in  the  office  of  commissioner 
shall,  except  as  hereinafter  provided,  be  filled  by  appointment  for  the 
unexpired  term  by  the  board  of  supervisors  from  among  the  bona  fide 
resident  freeholders  within  said  district  who  shall  have  been  such  resi- 
dent freeholders  for  at  least  one  year  prior  to  such  appointment,  but  no 
member  of  the  said  board  of  supervisors,  except  the  chairman  thereof, 
shall  be  eligible  to  hold  office  on  said  commission  or  to  hold  any  position 
in  connection  therewith.  At  any  time,  upon  petition  in  writing  signed 
by  at  least  twenty-five  per  cent  in  number  of  the  number  of  qualified 
electors,  residing  within  the  district  and  named  upon  the  great  register 
of  the  county  in  which  the  district  is  situated,  and  presented  to  the  state 
highway  commission,  the  said  state  highway  commission  shall,  and  it  is 
hereby  empowered  to,  declare  the  office  of  boulevard  commissioner  there- 
tofore held  by  the  said  county  surveyor,  or  county  engineer,  as  the  case 
may  be,  vacant,  and  nominate  and  appoint  as  commissioner  to  fill  such 
vacancy  a  person  who  shall  be  a  civil  engineer,  qualified  in  the  opinion 
of  the  state  highway  commission  to  act  as  such  commissioner.  The  com- 
missioner so  appointed  shall  hold  office  for  the  term  of  four  years  from 
and  after  his  appointment,  and  until  the  appointment  and  qualification 
of  his  successor,  and  all  appointments  to  fill  any  vacancy  in  the  office 
of  such  commissioner  either  during  or  at  the  expiration  of  his  term  of 
office  shall  be  made  by  the  state  highway  commission  upon  the  receipt 
of  written  notice  from  the  boulevard  commission  of  such  vacancy  or 
expiration,  but  no  petition  shall  be  necessary  therefor.  Each  commis- 
sioner shall  give  a  bond  to  the  boulevard  district  for  the  faithful  per- 
formance of  his  duties  in  the  sum  of  five  thousand  dollars,  to  be  ap- 
proved by  a  judge  of  the  superior  court  of  the  county  in  which  the 
district  is  located.  The  commissioners  shall  receive  no  compensation 
whatever  either  for  general  or  special  services.  [New  section  added  Mav 
29.  1917;  State.  1917,  p.  1304.} 


771  HIGHWAYS.  Act  1449a,  §§  8-10 

§  8.  Election  every  fourth  year.  Notice.  Polling  places  and  election 
officers.  Canvass  of  returns.  An  election  shall  be  held  iu  vach  boulevard 
district  on  the  first  Monday  after  the  first  Tuesday  in  March  in  the 
fourth  year  after  the  formation  of  the  district,  and  in  every  fourth  year 
thereafter,  at  which  shall  be  elected  a  coinuiissiouer  in  place  of  the 
elected  commissioner  whose  term  shall  expire  during  such  year.  Not 
less  than  twenty  days  before  the  day  of  each  such  election  the  boule- 
vard commission  must  give  notice  of  said  election  by  posting  notice 
thereof  in  three  public  places  in  the  boulevard  district,  which  notice 
must  specify  the  time  and  place  of  election,  the  hours  during  which 
the  polls  will  be  kept  open,  and  the  officer  to  be  elected.  They  shall 
select  one,  and  may  select  two  polling  places  within  the  district;  shall 
appoint  one  inspector  and  two  judges  of  election  in  each  polling  place, 
and  make  all  necessary  and  proper  arrangements  for  holding  the  elec- 
tion. Said  election  officers  shall  constitute  the  election  board.  If  no 
election  officers  are  so  appointed,  or  if  any  of  those  appointed  are  not 
present  at  the  time  of  the  opening  ,of  the  polls,  the  electors  present  may 
appoint  all,  or  any,  of  them  so  absent  or  not  appointed  and  they  shall 
conduct  the  election  as  if  so  appointed  by  said  commission  and  present. 
The  officers  of  the  election  must  publicly  canvass  the  votes  immediately 
after  the  closing  of  the  polls,  and  must  make  return  of  the  election 
within  twenty-four  hours  after  the  closing  of  the  polls  to  the  board  of 
supervisors.  Said  board  of  supervisors  at  its  first  meeting  after  receiv- 
ing said  returns  shall  canvass  the  same  and  shall  make,  sign  and  deliver 
a  certificate  of  election  to  the  person  elected.  [New  section  added  May 
29,  1917;  Stats.  1917,  p.  1304.] 

§  9.  President  and  secretary.  The  boulevard  commission  shall  be  the 
governing  body  of  the  district,  and  shall  exercise  all  the  powers  thereof. 
At  its  first  meeting  or  as  soon  thereafter  as  may  be  practicable,  the  com- 
mission shall  choose  one  of  its  members  as  president,  and  another  of  its 
members  as  secretary.  All  contracts,  deeds,  warrants,  releases,  receipts 
and  documents  of  every  kind  shall  be  signed  in  the  name  of  the  district 
by  its  president,  and  shall  be  countersigned  by  its  secretary.  The  com- 
mission may  hold  such  meetings,  either  in  the  day  or  in  the  evening,  as 
ma}'  be  convenient,  all  such  meetings  of  the  commission  must  be  held 
iu  the  district  at  an  appointed  place.  In  case  of  the  absence  or  in- 
ability to  act  of  the  president  or  secretary,  the  commission  shall,  by 
order  entere'd  upon  its  minutes,  choose  from  its  members  a  president  pro 
tempore,  or  secretary  pro  tempore,  as  the  case  may  be.  A  majority  of 
the  members  of  the  commission  is  a  sufficient  number  to  form  a  com- 
mission for  the  transaction  of  business,  and  every  decision  of  a  majority 
of  the  members  forming  such  commission  made  when  duly  assembled,  is 
valid  as  an  act  of  said  commission.  [New  section  added  May  29.  1917; 
Stats.  1917,  p.  1305. ]i 

§  10.  Powers  of  district.  Every  boulevard  district  formed  under  the 
provisions  of  this  act  shall  have  power  to  have  and  use  a  common  seal, 
alterable  at  the  pleasure  of  the  boulevard  commission;  to  sue  and  be 
sued  by  its  name;  to  lay  out,  establish,  construct,  acquire  and  maintain 
one  or  more  boulevards  within  the  district,  and  for  this  purpose  to  ac- 


Act  1449a,  §§  11, 12  general  laws.  772 

quire  by  purchase,  gift,  devise,  condemnation  proceedings  or  otherwise 
real  and  personal  property  and  rights  of  way  within  the  district,  and 
to  pay  for  and  hold  the  same;  provided,  however,  that  if  any  boulevard 
or  boulevards  are  constructed  with  moneys  raised  by  taxation  and  not 
from  the  sale  of  bonds  as  herein  provided,  such  boulevard  or  boulevards 
shall  be  constructed  only  after  an  election  to  be  had  in  the  manner 
herein  provided  for  elections  in  said  district,  for  the  purpose  of  deter- 
mining whether  such  boulevard  or  boulevards  shall  be  constructed  and  at 
which  election  a  majority  of  the  votes  cast  are  in  favor  of  the  con- 
struction of  such  boulevard  or  boulevards;  to  make  and  accept  any  and 
all  contracts,  deeds,  releases  and  documents  of  any  kind  which  shall  be 
necessary  or  proper  to  the  exercise  of  any  of  the  powers  of  the  district, 
and  to  direct  the  payment  of  all  lawful  claims  and  demands  against  it; 
to  issue  bonds  as  hereinafter  provided,  and  to  provide  for  the  payment 
of  the  same  and  the  interest  thereon;  and  to  cause  to  be  levied  taxes 
sufficient  when  directed  by  a  vote  of  the  people  of  the  district  for  the 
construction,  maintenance  or  repair  of  said  boulevard,  or  boulevards,  and 
all  indebtedness  of  such  district,  and  the  running  expenses  of  the  dis- 
trict; to  employ  all  necessary  engineers,  surveyors,  agents  and  work- 
men to  do  the  work  on  or  in  connection  with  the  boulevard  or  boule- 
vards in  said  district;  ancj  generally  to  do  and  perform  any  and  all  acts 
necessary  or  proper  to  the  complete  exercise  and  effect  of  any  of  its 
powers  or  the  purposes  for  which  it  was  formed.  [New  section  added 
May  29,  1917;  Stats.  1917,  p.  1305.] 

§  11.  "Boulevard."  By  the  term  "boulevard"  as  used  herein  is  meant 
a  highway  not  less  than  thirty  and  not  more  than  one  hundred  feet  in 
width,  and  upon,  along,  and  over  the  portion  or  portions  of  which  where 
the  same  is  less  than  sixty  feet  in  width  no  railroad,  electric  road,  or 
street  railroad  shall,  except  upon  a  permit  granted  therefor  by  the  board 
or  body  in  control  of  such  boulevard  evidence  by  an  order  entered  in  its 
minutes,  be  constructed  or  operated;  and  any  easements  granted  or  con- 
demned for  the  building  of  said  boulevard  shall  be  so  granted  or  con- 
demned; provided,  that  nothing  herein  shall  be  deemed  to  apply  to  or 
as  preventing  or  limiting  the  use  of  vehicles  across  said  boulevard.  Any 
boulevard  constructed  under  this  act  may  be  constructed,  in  whole  or 
in  part,  over,  along,  or  upon  any  county  road  or  public  highway,  or  any 
part  thereof,  and  the  moneys  belonging  to  such  boulevard  district  may 
be  expended  in  tlie  improvement  of  such  road  or  highway  to  conform  to 
the  width  and  general  character  of  the  balance  of  the  boulevard,  and  for 
the  purposes  of  this  act  the  boulevard  district  is  hereby  expressly  au- 
thorized and  empowered  to  take  over,  control,  operate,  and  use  in  whole 
or  in  part  any  such  county  road  or  public  highway.  [New  section  added 
May  29,  1917;  Stats.  1917,  p.  l.Sdi;.  1 

§12.  Survey,  etc.,  of  proposed  boulevard.  Tlu"  boulevard  commis- 
sion shall,  before  the  construction  of  any  boulevard  and  before  the  call- 
hig  of  any  election  for  the  issuance  of  bonds,  emjdoy  an  engineer  or 
engineers  "who  shall  iii;ikc  all  necessary  suiv(>,vs.  prc|i:ir(>  a  iTiap  or  maps 
showing  the  Ux-atioii  <,('  Ihc  said  j)roposed  l)(>uic\  aid  or  boulevards,  also 
showing  a  crossscctinn   and   profile  of  said   [.n)i>()se(l   boulevard  or  boule- 


773  HIGHWAYS.  Act  1449a,  §§  13, 14 

vards,  together  with  specifications  for  the  construction  thereof  and  esti- 
mates of  the  cost  of  acquiring  rights  of  way  therefor  and  of  the  cost 
of  the  construction  thereof,  which  said  surveys,  maps,  specifications  and 
estimates,  shall,  upon  the  approval  of  the  same  by  said  commissioner,  by 
order  entered  upon  its  minutes,  be  formally  adopted  by  said  commission 
and  filed  with  its  secretary  and  constitute  the  plan  of  said  district  for 
such  proposed  boulevard  or  boulevards;  provided,  that  the  said  boule- 
vard commission  may,  at  its  option,  and  it  is  hereby  empowered  to, 
direct  the  county  surveyor,  or  county  engineer,  as  the  case  may  be,  to 
do  any  or  all  of  said  work  herein  provided  to  be  done  by  an  engineer  or 
engineers.      [New  section  added  May  29,  1917;   Stats.  1917,  p.  1,307.] 

§  13.  Bond  election.  Notice.  At  any  time,  and  from  time  to  time, 
after  the  adoption  of  a  plan  for  a  boulevard  or  boulevards,  the  boule- 
vard commission  may,  by  order  entered  in  its  minutes  call  an  election 
for  the  purpose  of  determining  whether  bonds  shall  be  issued  for  the 
acquisition  of  rights  of  way  for,  and  the  construction  of,  such  boulevard 
or  boulevards.  Such  order  shall  fix  the  day  of  the  election  and  shall 
specify  the  amount  of  such  bond  issue,  and  shall  state  in  general  terms 
the  purposes  for  which  the  money  to  be  raised  from  the  sale  of  such 
bonds  shall  be  used,  which  purposes  shall  be  confined  to  the  acquisition 
of  rights  of  way  foi',  and  the  construction  of,  a  boulevard  or  boulevards 
in  said  district;  provided,  however,  that  any  moneys  so  raised  which  shall 
remain  on  hand  after  such  acquisition  of  rights  of  way  and  construc- 
tion have  been  completed,  may  and  shall  be  expended  in  the  betterment 
and  maintenance  of  such  boulevard  or  boulevards.  Notice  of  such  elec- 
tion shall  be  given  by  posting  a  copy  of  such  order  for  three  successive 
weeks  prior  to  the  election  in  at  least  three  public  places  within  the  dis- 
trict, and  by  publication  of  a  copy  thereof  for  at  least  once  a  week  for 
three  successive  weeks  prior  to  the  election  in  some  newspaper  published 
within  the  district,  if  there  be  one,  and  if  not,  in  some  newspaper  pub- 
lished at  the  county  seat  of  the  county  in  which  such  district  is  located. 
[New  section  added  May  29,  1917;  8tats.  1917,  p.  1307.] 

§  14.  Polling  places  and  election  officers.  Canvass  of  returns.  At  any 
time  prior  to  the  day  fixed  for  the  election  the  commission  shall  select 
one,  and  may  select  two,  polling  places  within  the  district,  and  select 
and  appoint  from  among  the  qualified  electors  within  the  district,  one 
inspector,  and  two  judges  for  each  polling  place  to  conduct  the  same, 
and  shall  make  all  necessary  and  proper  arrangements  for  holding  the 
election.  The  ballots  shall  contain  the  words  ''bonds,  yes"  and  "bonds, 
no."  After  the  votes  shall  have  been  counted  and  the  result  announced 
by  the  election  officers  the  ballots  shall  be  sealed  up  and  delivered  to 
the  secretary  of  the  boulevard  commission  with  the  election  returns,  and 
said  commission  shall,  at  its  first  meeting  thereafter,  canvass  said  re- 
turns and  shall  enter  the  result  upon  its  minutes.  Such  entry  shall  be 
conclusive  evidence  of  the  fact  and  regularity  of  all  prior  proceedings 
of  every  kind  and  nature  i)rovided  by  this  act  or  by  law,  and  of  the 
facts  stated  in  such  entry.  If,  at  such  election,  not  less  than  two-thirds 
of  the  votes  cast  be  in  favor  of  the  issuance  of  bonds,  the  said  com- 
mission shall  have  full  power  and  authority  to  issue  and  sell  said  bonds 
as  proposed  in  the  order  calling  the  election  and  a^  hereinafter  provided. 
If  the  result  of  the  election  be  against  the  issuance  of  bonds  no  other 


Act  1449a,  §§  15-17  general  laws.  774 

election  upon  the  question  shall  be  called  or  held  for  one  year  after  such 
election.     [New  section  added  May  29,  1917;  Stat?.  1917,  p.  1307.] 

§  15.  Denomination.  Payment.  Sale.  All  bonds  issued  under  the  pro- 
visions of  this  act  shall  be  of  such  denomination  as  the  boulevard  commis- 
sion may  determine,  except  that  no  bonds  shall  be  of  le?s  denomination 
than  one  hundred  dollars  nor  of  a  greater  denomination  than  one  thou- 
sand dollars.  Said  bonds  shall  be  payable  in  gold  coin  of  the  United 
States  at  the  office  of  the  county  treasurer  of  the  county  wherein  said  dis- 
trict is  situated,  and  shall  bear  interest  at  a  rate  not  exceeding  six  per 
centum  per  annum;  which  interest  shall  be  payable  semi-annually  in  like' 
gold  coin.  Not  less  than  one-thirtieth  part  of  the  total  issue  of  bonds 
shall  be  payable  each  year,  commencing  not  more  than  five  years  after  the 
date  of  said  bonds.  Each  bond  shall  be  signed  by  the  president  and 
countersigned  by  the  secretary  of  the  boulevard  commission,  and  said 
bonds  shall  be  numbered  consecutively,  in  the  order  of  their  maturity,  and 
shall  have  coupons  for  interest  attached,  attested  by  the  facsimile  signa- 
ture of  the-  secretary  of  said  commission.  The  bonds  may  be  sold  by  the 
boulevard  commission  in  such  manner  and  in  such  quantities  as  it  may 
determine,  but  no  bond  may  be  sold  for  less  than  its  face  value.  The 
proceeds  of  such  sale  shall  be  deposited  with  the  county  treasurer  and 

shall  be  by  him  placed  in  the  fund  to  be  called  the  boulevard  fund  of 

boulevard  district  (naming  it);  the  money  in  such  fund  shall  be  used 
for  the  purposes  indicated  in  the  order  calling  the  election  upon  the 
question  of  the  issuance  of  bonds.  [New  section  added  May  29,  1917 ; 
Stats.  1917,  p.  1308.} 

§  16.  Estimate  of  amount  needed.  The  commission  must  at  or  before 
the  first  meeting  of  the  board  of  supervisors  in  September  of  Qach  year, 
furnish  the  supervisors  and  the  auditor  of  the  county  wherein  the  dis- 
trict is  situated,  an  estimate  in  writing  of  the  amount  of  money  needed 
for  the  purposes  of  the  district  for  the  ensuing  fiscal  year  The  amount 
must  be  sufficient  to  pay  all  interest  and  principal  of  outstanding  bonds 
of  the  district  maturing  during  the  ensuing  fiscal  year,  and  to  pay  the 
estimated  cost  of  repairs  and  maintenance  of  the  boulevard,  or  boule- 
vards, and  the  running  expenses  of  the  district.  [New  section  added  May 
29,  1917;  Stats.  1917,  p.  130S.] 

§  17.  Levy  of  tax.  Collection.  Moneys  from  general  fund.  Con- 
stitutionality. The  board  of  sui)ervisi)rs  of  any  county  wherein  is  situ- 
ated a  boulevard  district,  must  annually  at  the  time  of  levying  county 
taxes  levy  a  tax  to  be  known  as  the  " (name  of  district)  boule- 
vard district  tax,"  sufficient  to  raise  the  amount  reported  to  them  as 
herein  in  section  sixteen  hereof,  provided  by  the  boulevard  commission. 
The  supervisors  mu.st  determine  the  rate  of  such  tax  by  deducting  fifteen 
per  cent  for  anticipated  dalinquencies  from  the  total  assessed  value  of 
the  real  property  of  the  district  within  the  county,  as  it  appears  on  the 
assessment-roll  of  the  county,  and  dividing  the  sum  reported  by  the 
boulevard  comniission  as  required  to  be  raised  by  the  remainder  of  such 
total  assesse*!  value.  The  tax  so  levied  shall  be  computed  and  entered 
on  the  asBesBment-roll  by  the  county  auditor,  and  if  the  supervisors  fail 


775  HIGHWAYS.  Act  1449a,  §§  18-20 

to  levy  the  tax  as  provided  in  the  preceding  section,  then  the  auditor 
must  do  so.  Such  tax  shall  be  collected  at  the  same  time  and  in  the 
same  manner  as  county  taxes,  and  when  collected  shall  be  paid  into  the 
county  treasury  for  the  use  of  said  district,  and  the  purposes  herein 
specified.  The  provisions  of  the  Political  Code  of  this  state  prescribing 
the  manner  of  levying  and  collecting  taxes  and  the  duties  of  the  several 
county  officers  with  respect  thereto  are,  so  far  as  they  are  applicable 
and  not  in  conflict  with  the  specific  provisions  of  this  act,  hereby  adopted 
and  made  a  part  hereof.  Such  officers  shall  be  liable  upon  their  several 
ofiicial  bonds  for  the  faithful  discharge  of  the  duties  imposed  upon  them 
by  this  act.  All  moneys  raised  by  taxation  as  herein  provided  shall  be- 
long to  said  district.  Anything  in  this  act  to  the  contrary  notwithstand- 
ing the  boaril  of  supervisors  shall  set  apart  and  turn  over  to  the  boule- 
vard commission  out  of  the  general  fund  of  the  county  twenty-five  per 
cent  of  the  cost  of  acquisition  of  rights  of  way  for,  and  of  construction 
of,  said  boulevard  or  boulevards  and  also  twenty-five  per  cent  of  the 
cost  of  maintenance  and  repair  of  said  boulevard  or  boulevards,  all  such 
moneys  to  be  used  by  the  boulevard  commission  for  such  purposes  re- 
spectively, and  the  board  of  supervisors  shall  set  apart  and  use  for  road 
work  in  the  boulevard  district  all  moneys  raised  in  such  district  by  the 
county  for  road  purposes;  provided,  however,  that  if  for  any  reason  the 
provisions,  or  any  thereof,  of  this  sentence  are  unconstitutional  or  affect 
the  constitutionality  of  this  act  or  any  of  the  provisions  thereof,  then 
this  sentence,  or  such  provisions  thereof,  only,  shall  be  void  and  the  re- 
mainder of  this  act  shall  stand  as  if  this  sentence,  or  such  provisions 
thereof,  as  the  case  may  be,  had  not  been  included  in  this  act,  the  same 
being  hereby  declared  to  be  separable.  [New  section  added  Mav  29, 
1917;  Stats.  1917,  p.  1309.] 

§  18.  Funds  kept  by  county  treasurer.  The  treasury  of  the  county 
wherein  the  district  is  situated  shall  be  the  repository  of  all  the  funds 
of  the  district.  The  treasurer  of  the  county  shall  receive  and  receipt 
for  the  same,  and  shall  place  the  same  to  the  credit  of  the  boulevard 
district.  He  shall  be  responsible  upon  his  official  bond  for  their  safe- 
keeping and  disbursement  in  the  manner  herein  provided.  [New  section 
added  May  29,  1917;      Stats.  1917,  p.  1310.] 

§  19.  Funds  established.  The  following  funds  are  hereby  established 
to  which  the  money  belonging  to  the  district,  and  raised  by  taxation 
as  herein  provided,  shall  be  apportioned  by  the  treasurer,  to  wit:  bond 
fund,  construction  and  maintenance  fund,  and  district  expense  fund. 
The  treasurer  shall  pay  out  the  same  only  upon  warrants  of  the  boule- 
vard commission,  signed  by  the  president  and  attested  by  the  secretary, 
except  that  all  bonds  and  coupons  shall  be  paid  on  presentation  by  the 
county  treasurer  out  of  the  bond  fund  without  such  warrant.  The  treas- 
urer shall  report  in  writing  to  the  commissioners  whenever  requested  by 
them  or  the  secretary  the  amount  of  money  in  the  various  funds,  the 
amounts  of  receipts  since  his  last  report  and  the  amounts  paid  out.  |  New 
section  added  May  29,  1917;  Stats.  1917,  p.  1310.]. 

§20.  Bids.  Award  to  lowest  bidder.  Change  in  place.  Repair  work 
without    bids.     The    boulevard    commission    shall,    pursuant    to    an    order 


Act  1449a,  §  20  general  laws.  776 

entered  iu  its  minutes,  advertise  for  bids  for  the  construction  of  such 
boulevard  or  boulevards,  either  as  a  whole  or  in  such  sections  as  it  may 
see  fit,  in  accordance  with  the  plan  theretofore  adopted  and  filed,  as 
hereinbefore  provided  by  said  commission,  by  publishing  a  notice  calling 
for  such  bids,  at  least  once  a  week  for  two  successive  weeks  in  a  weekly 
newspaper  published  within  the  boulevard  district  if  such  newspaper 
is  published  therein,  otherwise  in  a  newspaper  published  at  the  county 
seat  of  the  county  in  which  such  district  is  located.  Such  notice  shall 
refer  to  said  order  and  said  plan  for  further  particulars.  If  the  com- 
mission shall  elect  to  receive  separate  bids  for  the  construction  of  sec- 
tions of  said  boulevard  or  boulevards,  the  said  order  shall  describe  the 
separate  sections  for  which  such  separate  bids  are  desired.  The  com- 
mission may  also  in  its  discretion  advertise  at  the  same  time  and  in 
the  same  notice  both  for  bids  for  the  construction  of  such  boulevard 
or  boulevards  as  a  whole  and  for  bids  for  the  construction  of  separate 
sections  thereof.  Every  contract  for  doing  any  part  of  said  work  shall 
be  let,  after  advertisement  as  herein  provided,  to  the  lowest  resjjonsible 
bidder,  who  shall,  before  the  making  of  said  contract,  give  a  bond  to 
the  boulevard  district  for  the  faithful  performance  of  his  contract,  with 
sureties  satisfactory  to  said  commission  iu  an  amount  equal  to  at  least 
fifty  per  cent  of  the  amount  of  the  contract  price;  provided,  however, 
that  the  commission  may  make  contracts,  without  advertisement,  for 
any  construction  work  on  said  boulevard  the  cost  of  w^hich  does  not 
exceed  one  thousand  dollars;  and  provided,  further,  that  the  commission 
may  reject  any  or  all  bids  and  may  thereupon  readvertise  for  bids  for 
doing  any  part  or  the  whole  of  said  work;  or  may  do  said  work  with- 
out letting  any  contract  therefor  when  the  amouitt  of  the  work  is  less 
than  one  thousand  dollars.  Said  commission  may  hire  all  necessary 
engineers,  inspectors  and  superintendents  to  supervise  the  performance 
of  contracts  entered  into  by  said  commission,  or  to  have  charge  of  the 
doing  of  all  work  done  without  contract. 

Any  order  of  said  commission  directing  the  advertisement  or  readver- 
tisement  for  bids,  as  hereinabove  provided,  may  alter  the  said  plan  for 
such  boulevard  or  boulevards  including  the  route  of  any  portion  or  por- 
tions of  any  such  boulevard  or  boulevards;  provided,  that  no  such 
change  shall  invc/lve  any  material  increase  in  the  cost  of  construction 
of  the  portion  or  portions  so  altered  or  the  cost  of  acquiring  the  rights 
of  way  therefor  and  any  and  all  boulevard  commissions  are  hereby 
given  power  and  authority  to  make  any  such  change  or  clianges  in  any 
sni-.h  plan  or  plans. 

The  commission  may  do  any  lU'  all  work  of  maintenance  or  repair  ujion 
such  boulevard,  or  boulcvanls,  citlicr  wilh  or  without  contract  therefor, 
and  witli  or  witliimt  ndxcrtisitig  (Oi'  bids  for  contracts  for  such  work 
of  maintenance  and  rciiair,  at  its  discretion;  provided,  however,  that  if 
th(!  cost  of  any  such  work  (d'  maintenance  or  repair  shall  exceed  the 
sum  of  one  thousand  d(dlars,  tlirn  sn(di  work  shall  l)e  done  under  contract 
imrsnant  to  bids  ii>\  such  work  al'tci-  advert  isin<.r  in  the  same  manner 
licrcin  |iroviilcd  lor  advertising  for  bids  and  letting  contracts  for  con- 
struction  work.      I  New  section  added   May  2!),   l'.»17;  Stats.    I'.HT,   p.    I.'UI).  | 


777  HIGHWAYS.  Act  1449a,  §§21-23 

§  21.     Application  to  state  department  of  engineering  for  exercise  of 

powers.  Anything  in  this  act  to  the  contrary  notwithstanding,  the  boule- 
vard commission  shall  have  and  is  hereby  given  power  and  authority, 
at  its  option,  to  make  application  to  the  department  of  engineering  of 
the  state  of  California,  or  to  the  proper  subdivision  of  said  department, 
for  the  exercise  by  said  department,  or  proper  subdivision  thereof,  as 
the  case  may  be,  of  any  or  all  powers,  duties  or  authority  which  said 
department  or  proper  subdivision  thereof,  as  the  case  may  be,  may  now, 
or  at  any  time  hereafter,  exercise  or  enjoy  with  respect  to  the  ownership 
construction,  maintenance  or  improvement  of  any  boulevard  or  boulevards 
or  proposed  boulevard  or  boulevards,  constructed  or  to  be  constructed 
pursuant  to  the  provisions  of  this  act,  including  the  preparation  of 
plans,  specifications  and  estimates  for,  and  the  handling  and  expen- 
diture of  boulevard  district  moneys  for,  such  construction,  maintenance 
or  improvement;  any  such  application  to  said  department  of  engineering, 
or  subdivision  thereof,  shall  be  made  in  accordance  with  the  provisions 
of  the  law  as  it  now  is  or  may  hereafter  exist  defining  the  powers,  duties 
or  privileges  of  such  department  of  engineering  or  subdivision  thereof  in 
relation  to  such  matters,  and  upon  the  granting  of  any  such  application 
by  said  department  of  engineering  or  subdivision  thereof,  the  boulevard 
commission  shall  have  full  power  to  carry  out  the  terms  of  such  appli- 
cation on  its  part.  [New  section  added  May  29,  1917;  Stats.  1917, 
p.  1311.] 

22.  Transfer  boulevard  to  county.  Anything  in  this  act  to  the  con- 
trary, notwithstanding,  the  boulevard  commission  shall  have,  and  it  is 
hereby  given,  full  power  and  authority  at  its  option  to  transfer  and 
convey  all  the  right,  title  and  interest  of  the  boulevard  district  in  and 
to  any  boulevard  or  boulevards  in  such  district  after  complete  construc- 
tion thereof,  to  the  county  within  which  such  district  is  situated,  pro- 
vided that  the  board  of  supervisors  of  such  county  consent  to  and 
accept  such  transfer  and  conveyance  and  agree  thereafter  to  maintain 
such  boulevard  or  boulevards  as  boulevards  and  as  part  of  the  county 
highway  system  of  such  county,  any  and  all  such  boulevards  so  trans- 
ferred and  conveyed  to  be  thereafter  held  and  owned  by  such  county 
as  county  boulevards  without  any  further  liability  or  responsibility 
therefor  on  the  part  of  such  district.  But  no  such  transfer  or  convey- 
ance shall  affect  any  bond  or  bonds  theretofore  issued  by  such  district 
or  the  liability  of  such  district  thereunder.  [New  section  added  May 
29,  1917;  Stats.  1917,  p.  1312. ]' 

§23.  Dissolution  of  district.  The  district  may  at  any  time  be  dis- 
solved upon  the  vote  of  two-thirds  of  the  qualified  electors  thereof  at 
an  election  called  by  the  boulevard  commission  upon  the  question  of 
dissolution.  Whenever  it  shall  deem  it  advisable,  the  boulevard  com- 
mission shall,  by  resolution,  order  that  an  election  be  held  in  the  said 
district  upon  the  question  of  dissolution  of  the  district.  Such  election 
shall  be  called  and  conducted  in  the  same  manner  as  other  elections  of 
the  district.  Upon  such  dissolution,  any  property  which  may  have  been 
acquired  by  such  boulevard  district  shall  vest  in  the  county,  except  that 


Act  l-149a,  §§  24^26  genekal,  laws.  778 

any  such  property  lying  within  the  boundaries  of  an  incorporated  city 
shall  vest  in  such  city;  provided,  however,  that  if  at  the  time  of  the 
election  to  dissolve  such  district  there  be  any  outstanding  bonded  in- 
debtedness of  such  district,  then,  in  such  event,  the  vote  to  dissolve  such 
district  shall  dissolve  the  same  for  all  purposes  excepting  only  the  levy 
and  collection  of  taxes  for  the  payment  of  such  outstanding  indebtedness 
ot  such  district;  and  from  the  time  such  district  is  thus  dissolved  until 
such  bonded  indebtedness  with  interest  thereon  is  fully  paid,  satisfied 
and  discharged,  the  board  of  supervisors  of  the  county  shall  constitute 
ex  officio  the  boulevard  commission  of  such  district.  And  it  is  hereby 
made  obligatory  upon  such  board  to  levy  such  taxes  and  perform  such 
other  acts  as  may  be  necessary  in  order  to  raise  money  for  the  payment 
of  such  indebtedness,  and  the  interest  thereon,  as  herein  provided. 
[New  section  added  May  29,  1917;  Stats.  1917,  p.  1312.] 

§24.      [There  is  no  section  of  this  number.] 

§  25.  Established  districts  validated.  Any  and  all  boulevard  districts 
heretofore  established  by  order  entered  by  any  county  board  of  super- 
visors under  this  act,  and  all  amendments  thereof  or  of  any  section  or 
sections  thereof,  are  hereby  declared  to  be  legally  organized  and  exist- 
ing and  all  the  proceedings  on  the  organization  and  formation  of  any 
and  all  such  boulevard  districts  are  hereby  approved  and  in  all  respects 
declared  valid,  and  all  boulevard  districts  are  subject  to  the  provisions 
of  this  act  so  far  as  applicable.  [New  section,  added  May  29,  1917; 
Stats.  1917,  p.  1313.]. 

§  26.  Proceeding  to  determine  legality  of  dis/rict.  Any  district 
formed  hereunder,  in  order  to  determine  the  legality  of  its  existence, 
may  institute  a  proceeding  therefor  in  the  superior  court  of  the  county 
in  which  it  was  organized  by  filing  with  the  clerk  of  said  county  a  com- 
plaint setting  forth  the  name  of  the  district,  its  exterior  boundaries, 
the  date  of  its  organization  and  a  prayer  that  it  be  adjudged  a  legal 
boulevard  district  formed  under  the  provisions  of  this  act.  The  sum- 
mons in  such  proceeding  shall  be  addressed  generally  to  all  persons 
interested  in  said  district  or  in  any  of  the  lands  therein  contained,  and 
shall  be  served  by  publishing  a  cony  thereof  once  a  week  for  four  weeks 
in  some  newspaper  of  general  circulation  published  in  the  said  county. 
Within  thirty  days  after  the  last  publication  thereof  any  person  in- 
terested may  appear  and  answer  said  complaint,  in  which  case  said  an- 
swer shall  set  forth  the  facts  relied  upon  to  show  the  invalidity  of  the 
district.  If  no  answer  shall  be  filed  within  said  time  the  court  must 
rciiil(!i'  Judgment  as  prayed  for  in  the  complaint.  If  an  answer  be  filed 
the  court  shall  proceed  as  in  other  civil  cases.  Said  proceeding  is  hereby 
declared  to  be  a  proceeding  in  rem  and  the  judgment  rendered  therein 
.shall  be  conclusive  against  all  jiorsons  whomsoever  and  against  the  State 
of  Califoiiiia. 

ACT  1457s. 

An    act   declaring   and    eslablishing   a   state    highway    from    the   city    of 
Sun   Bernardino,   by   way   of   Arrowhead  avenue.  Waterman  canyon. 


779  HIGHWAYS.  Acts  1457t-1457v 

the  "Crest  drive"  aud  Mill  creek  to  the  city  of  Redlands.      [Approved 
May  29,  1917.     Stats.  1917,  p.  1314.     In  effect  July  28,  1917.] 

ACT  1457t. 

An  act  providing  for  the  taking  over  by  the  state  of  California  of  a 
certain  road  in  Boulder  Creek  township,  county  of  Santa  Cruz, 
and  for  the  maintenance  and  improvement  of  the  same  as  a  state 
road  under  the  supervision  of  the  state  department  of  engineering. 

[Approved  May  29,  1917.     Stats.  1917,  p.  1325.     In  effect  July  28,  1917.] 

§  1.  Road  conveyed  to  state.  The  board  of  supervisors  of  the  county 
of  Santa  Cruz,  state  of  California,  is  hereby  authorized  to  transfer 
and  convey  unto  the  state  of  California,  that  certain  road  situate  in 
Boulder  Creek  township,  county  of  Santa  Cruz,  state  of  California,  and 
described  as  follows,  to  wit:  Beginning  at  the  intersection  of  Main 
and  Lorenzo  streets  in  the  town  of  Boulder  Creek,  thence  running  in 
a  northwesterly  direction  over  the  present  traveled  road  to  the  Sequoia 
schoolhouse;  thence  running  over  the  road  known  as  the  Boulder  Creek 
and  state  park  road  to  the  easterly  boundary  of  the  California  Red- 
wood Park;  length  of  road,  nine  and  one-half  miles;  and  to  execute 
on  the  part  of  said  county  of  Santa  Cruz,  a  deed  to  the  state  of  Cali- 
fornia to  carry  into  effect  such  transfer  and  eonvej'ance. 

The  state  department  of  engineering,  through  the  state  engineer,  is 
hereby  authorized  and  directed  to  accept  said  deed  and  said  road  on 
behalf  of  the  state  of  California. 

§  2.  Improvement  of  department  of  engineering.  Upon  the  accept- 
ance of  such  deed,  the  said  department  of  engineering  shall  improve 
and  maintain  said  road  as  a  state  road  and  any  expense  incurred  in 
such  work  after  the  date  of  the  acceptance  of  said  deed,  shall  be  a 
proper  charge  against  any  money  in  the  state  treasury  available  for  the 
improvement  and  maintenance  of  state  roads. 

ACT  1457U. 

An  act  extending  the  Mono  Lake  basin  state  road  easterly  to  a  junction 
with  the  county  road  from  Mono  Lake  postoffiee  to  Mono  Mills. 

[Approved  May  29,  1917.     Stats.  1917,  p.  1326.     In  effect  July  28,  1917.] 

§  1.  Extension  of  Mono  Lake  basin  state  road.  The  state  department 
of  engineering  is  hereby  authorized  and  directed  to  extend  the  Mono 
Lake  basin  state  road  easterly  to  a  junction  with  the  county  road  from 
Mono  Lake  postoffiee  to  Mono  Mills,  which  said  extension  is  hereby 
declared  and  established  as  a  portion  of  the  Mono  Lake  basin  state 
road.  '  '    i    j 

ACT  1457V. 

An  act  making  an  appropriation  for  the  survey,  location  and  construc- 
tion of  a  highway  between  Susanville  in  Lassen  county  and  a  point 
on    the    line    between    California    and    Nevada,    approximately    two 


Act  1458f ,  §  §  1-4  GENERAL  LAWS.  780 

miles  east  of  Constantia  in  said  county.     [Approved  June   1,  1917. 
Stats.  1917,  p.  1611.] 

The  act  appropriated  $60,000  for  the  purpose  indicated. 

ACT  1158f. 

An  act  providing  for  the  creation,  organization  and  government  of  joint 

highway  districts  composed  of  two  or  more  counties  of  the  state  of 

California. 

[Approved  April  5,  1917.     Stats.   1917,  ]i.  46.     In   effect  July  27,  1917.] 

§  1.  Joint  highway  district  may  te  created.  A  joint  highway  dis- 
trict, to  be  composed  of  two  or  more  counties  may  be  created,  organ- 
ized and  governed  for  the  purpose  of  constructing  public  highways 
therein  as  in  this  act  provided.  The  word  "county"  as  used  in  this 
act  shall  include  any  "city  and  county,"  but  such  city  and  county  is 
herein  regarded  solely  as  a  political  subdivision  of  the  state,  and  not 
as  a  municipality. 

§  2.  Resolution  initiating  proceedings.  The  board  of  supervisors  of 
any  county  may  initiate  proceedings  for  the  creation  of  a  joint  high- 
way district  to  be  composed  of  two  or  more  counties  of  the  state  by 
the  adoption  of  a  resolution  reciting: 

(a)  That  the  public  interest  requires  the  construction  of  a  public 
highway,  stating  generally  the  location  and  course  thereof,  and  naming 
the  counties  in  or  through  which  such  highway  will  pass. 

(b)  The  names  of  the  counties  interested  in  and  which  will  be  bene- 
fitted by  such  highway  construction. 

(c)  That  it  is  proposed  to  create  a  joint  highway  district  composed  of 
the  counties  so  named. 

When  adopted,  certified  copies  of  the  same  shall  be  transmitted  to 
the  advisory  board  of  the  state  engineering  departm.ent  of  the  state  of 
California,  and  to  the  clerks  of  the  boards  of  supervisors  of  the  counties 
named  in  the  resolution. 

§  3.  Notice  and  hearing.  Immediately  upon  receipt  of  a  copy  of  the 
resolution  adopted  as  aforesaid,  the  said  advisory  board,  either  at  a  regu- 
lar or  sjiecial  meeting,  shall  fix  a  time  and  place  in  the  county  adopting 
the  resolution  at  which  the  matter  of  the  creation  of  a  joint  highway 
district  will  be  heard  and  determined.  Notice  of  such  hearing  shall  be 
l*ublished  five  days  in  one  daily  newsi)aper  published  in  each  of  the 
(•(unities  named  in  said  resolution,  or  two  times  in  a  newspaper  published 
less  than  six  days  a  week  or  if  no  newspaper  })e  published  in  any  county 
then  such  notice  shall  be  posted  in  three  public  places  in  such  county 
for  a  i>eriod  of  ten  days.  The  time  fixed  for  such  hearing  shall  be  not 
less  than  thirty  nor  more  tlian  forty  days  from  the  date  of  meeting  at 
uliicji'  the  x.y\<\  ii(l\isory   Ixjiird   caused  siidi   notice  to  lie  given. 

§4.  Proof  of  publication.  Prool'  of  tlie  publication  shall  be  made 
liV  tin-  ;if1i(|;ivit  of  Ihc  |iu lilishcr,  inauagcr  or  |)riiicij)al  clerk  of  the  news- 
|ia|)('r  making  sucli  [inlilication,  or  j)erson  posting  the  notice,  and  such 
notice,   the   publicat i(jn,   or   iKJSting  thereof  and  proof  thereof  shall   be 


781  HIGHWAYS.  Act  14581',  §§  5-8 

siiflicient  to  vest  said  advisory  board  of  the  state  engineering  depart- 
ment with  jurisdiction  and  power  to  hear,  determine  and  order  the 
creation  of  the  proposed  joint  highway  district.  A  copy  of  such  notice 
shall  be  mailed  to  the  clerk  of  the  board  of  suiiervisors  of  each  of  the 
counties  named  in  the  initiatory  resolution. 

§5.  Board  of  directors  named.  Upon  the  receipt  of  such  notice  it 
shall  be  the  duty  of  each  of  the  boards  of  supervisors  to  name  and 
appoint  either  one  of  its  members  or  some  other  suitable  person  and 
each  of  the  persons  so  appointed  shall  constitute  a  member  of  the 
board  of  directors  of  the  joint  highway  district  when  created.  It  shall 
be  the  duty  of  each  of  the  persons  so  appointed  to  attend  the  hearing 
fixed  by  the  said  advisory  board.  The  said  directors  so  appointed,  may 
meet  from  time  to  time  in  advance  of  the  time  fixed  for  said  hearing 
and  may  make  and  enter  into  an  agreement  limiting  the  amount  to  be 
assessed  upon  each  of  the  counties  to  comprise  the  district  when  formed, 
and  such  limitation  so  agreed  upon  shall  not  thereafter  be  changed 
except  by  the  unanimous  vote  of  all  the  directors. 

§  6,  Objections  to  creating  district.  At  the  time  and  place  fixed  for 
said  hearing  any  person  may  apjjcar  and  offer  objections  to  the  creation 
of  the  joint  highway  district,  and  the  said  advisory  board  shall  hear 
such  objections  and  may  continue  such  hearing  from  time  to  time  and 
all  parties  shall  be  deemed  to  have  notice  of  any  such  continuance. 

§  7.  Order  creating  district.  At  the  conclusion  of  such  hearing  the 
said  advisory  board  shall  determine  all  matters  relating  to  the  creation 
of  such  joint  highway  district  and  may  sustain  or  overrule  any  objec- 
tion offered.  The  objections  offered  need  not  be  specifically  set  forth, 
but  may  be  sustained  or  overruled  in  general  terms.  An  objection 
made  by  any  person  appointed  a  member  of  the  proposed  board  of 
directors  shall  prevent  the  creation  of  the  district.  If  no  objections 
are  made  or  if  all  objections  shall  be  overruled,  then  the  said  advisory 
board  shall  make  and  enter  in  its  minutes  an  order  creating  such  joint 
highway  district.  The  order  shall  contain  the  names  of  the  several 
counties  composing  the  district  and  the  names  of  the  persons  consti- 
tuting its  board  of  directors.  Districts  shall  be  numbered  in  the  order 
of  their  creation.  A  certified  copy  of  such  order  shall  be  filed  with  the 
secretary  of  state  and  transmitted  to  the  clerks  of  the  several  boards 
of  supervisors  of  the  counties  composing  the  district.  Upon  the  filing 
of  the  said  order  with  the  secretary  of  state  said  joint  highway  district 
shall  be  deemed  created  and  organized,  and  shall  exercise  all  of  the 
powers  granted  by  this  act,  and  shall  be  a  p)ublic  corporation  under  the 
designation  of  "joint  highway  district  No. ■  of  the  state  of  California." 

§  8.  Purpose  of  districts.  The  purpose  for  which  the  joint  districts 
may  be  created  is  to  provide  the  necessary  authority  and  means  to 
construct  and  maintain  the  highway  described  ih  the  initiatory  reso- 
lution in  and  through  the  several  counties  constituting  the  district; 
such  highway  to  be  continuous  and  afford  adequate  intercommunication 
for  vehicular  traffic.  This  act  shall  be  so  construed  as  to  facilitate  the 
accomplishment  of  this  purpose. 


Act  1458f,  §§  9-12  GENERAL,  LAWS.  782 

§9.  Board  of  directors  to  manage  district.  Said  joint  highway  dis- 
tricts shall  be  managed,  and  the  powers  herein  conferred  thereon,  shall  be 
exercised  by  a  board  of  directors.  Said  directors  shall  be  chosen  and  ap- 
pointed as  follows:  One  by  the  board  of  supervisors  of  each  of  the  coun- 
ties composing  said  district  either  from  its  members  or  other  suitable  per- 
son. Said  directors  shall  serve  during  the  pleasure  of  the  appointing 
power.  They  shall  receive  no  compensation  for  their  services,  but  may 
be  allowed  actual  expenses  incurred  hy  them  in  connection  with  the  dis- 
charge of  their  duties  under  this  act. 

§  10.  Place  of  business.  Secretary.  President.  Vice-president.  Said 
board  shall  fix  a  place  within  the  district  for  the  transaction  of  its 
business,  but  may  hold  its  meetings  from  time  to  time  in  any  place  in 
said  district  that  will  best  serve  the  convenience  of  the  public  A  major- 
ity of  the  members  shall  be  necessary  to  constitute  a  quorum  for  the 
transaction  of  business  It  may  make  all  rules  necessary  to  the  orderly 
transaction  of  such  business.  It  shall  appoint  a  secretary;  may  employ 
such  additional  clerical,  or  legal  or  engineering  service  as  may  be  re- 
quired from  time  to  time  and  fix  the  compensation  to  be  paid  therefor 
Said  board  shall  organize  within  thirty  days  from  the  date  of  the  crea- 
tion of  the  district  and  the  time  and  place  of  meeting  for  purposes  of 
organization  shall  be  fixed  by  the. director  chosen  by  the  supervisors  of 
the  county  adopting  the  initiatory  resolution.  It  shall  choose  one  of  its 
members  as  president  of  the  board,  who  shall  preside  at  its  meetings.  A 
vice-president  shall  be  appointed  who  shall  act  in  the  absence  or  dis- 
ability of  the  president.  The  president  shall  perform  such  duties  as  the 
board  may  designate. 

§  11.  Powers.  Said  joint  highway  district  through  its  board  of 
directors  shall  have  power — 

To  lay  out,  construct  and  maintain  a  highway  as  specified  in  section 
three  of  this  act. 

To  accept  in  the  name  of  the  district  all  gifts,  donations  or  contribu- 
tions from  any  source  whatsoever  made  to  further  the  purpose  of  this 
act,  and  the  counties  composing  the  district  may  convey  such  public 
highways  as  may  be  utilized  as  a  part  of  the  highway  herein  authorized 
to  be  constructed. 

To  acquire  necessary  lands,  or  rights  of  way  for  purposes  of  such 
highway. 

To  exercise  the  right  of  eminent  domain  necessary  to  acquire  lands 
or  rights  of  way  for  highway  purposes. 

To  acquire  and  use  such  personal  property  as  may  be  necessary  in  the 
exercise  of  the  powers  herein  granted. 

To  employ  such  labor  and  service  as  may  be  necessary. 

To  arrange  for  tlio  safekeeping  of  all  funds  belonging  to  the  district 
and  to  this  end  may  appoint  a  treasurer  or  depositary,  and  exact  from 
him  such  bonds  or  other  security  as  may  be  proper. 

To  sue  and  be  sued. 

To  adopt  a  seal. 

§  12.  Contingent  fund.  For  the  purpose  of  ]iroviding  a  contingent 
fund  for  the  district  and  to  meet  the  incidental  expenses  thereof,  the 


783  HIGHWAYS.  Act4458f,  §§  13-16 

boards  of  supervisors  of  the  several  counties  comprising  the  district  are 
hereby  authorized  and  directed  to  appropriate  from  any  money  received 
by  such  counties  under  the  provisions  of  the  "vehicle  act,"  in  effect 
January  1,  1916,  or  any  act  in  continuance  thereof  or  supplemental 
thereto,  such  percentage  thereof  as  may  be  determined  by  the  board  of 
directors  of  the  joint  district  by  a  resolution  adopted  by  a  vote  of  all 
of  its  members.  Such  sums  so  appropriated  shall  be  paid  by  a  warrant 
drawn  in  the  name  of  the  joint  highway  district,  and  shall  be  deposited 
with  the  treasurer  or  depositary  of  the  district. 

§  13.  Survey  of  highway.  Report  by  engineer.  As  soon  as  practica- 
ble after  the  organization  of  the  board  of  directors  of  the  district,  said 
board  shall  cause  to  be  surveyed  and  located  the  highway  authorized  by 
this  act  to  be  constructed  or  such  portion  thereof  as  may  be  deemed 
expedient,  and  for  that  purpose  may  employ  an  engineer  and  necessary 
assistants.  Upon  the  completion  of  such  survey  the  engineer  shall  file 
a  report  thereof  with  the  board  of  directors  together  with  all  necessary 
maps,  drawings  and  plans  of  construction,  other  than  detailed  drawings 
and  specifications,  also  an  estimate  covering  the  cost  of  the  completion 
of  said  highway,  including  rights  of  way  therefor  and  interest  to  be 
paid  during  construction. 

§  14.  Hearing  on  report.  Assessment  covering  estimated  cost.  Upon 
filing  said  report  the  board  of  directors  shall  fix  a  time  and  place  for 
considering  the  same.  The  hearing  thereon  may  be  continued  from  time 
to  time  or  from  place  to  place  in  the  different  counties,  if  so  desired. 

Upon  such  hearing  being  had  said  board  of  directors  shall  make  an 
assessment  covering  such  estimated  cost,  upon  the  state  of  California, 
and  the  several  counties  comprising  the  district  according  to  the  benefits 
that  may  result  from  the  construction  of  such  highway  to  said  state 
and  counties  and  the  people  residing  therein,  or  may  assess  not  to  exceed 
one-fourth  of  such  estimated  cost  upon  such  land  in  private  ownership 
as  may  be  benefited  thereby  in  the  manner  provided  by  this  act. 

§  15.  Order  determining  benefits.  Upon  the  conclusion  of  such  hear- 
ing such  board  of  directors  shall  make  an  order  determining  the  amount 
of  the  benefits  to  accrue  to  the  state  and  to  each  county  comprising 
the  district  and  to  the  people  residing  therein  and  shall  make  an  assess- 
ment against  the  state  and  said  counties  in  proportion  to  the  benefits  so 
to  accrue,  in  a  sum  equal  to  said  estimated  cost,  or  as  much  thereof  as 
may  be  necessary,  but  said  estimated  cost  if  deemed  excessive  may  be 
reduced  to  such  an  amount  as  the  board  of  directors  shall  seem  proper. 
The  amount  of  such  assessment  shall  be  certified  to  and  transmitted  to 
the  state  board  6f  control  and  to  the  boards  of  supervisors  of  the  coun- 
ties constituting  the  district. 

§  16.  Appeal  to  advisory  board.  In  case  the  state  board  of  control  or 
the  board  of  supervisors  deem  that  the  assessment  imposed  upon  the 
state  or  such  county  be  excessive  or  that  it  has  been  inequitably  treated, 
the  state  board  of  control  or  such  board  of  supervisors,  within  forty  days 
from  the  receipt  of  ihe  certificate  referred  to  in  the  preceding  section, 


Act  1458f,  §§  17-20  general  laws.  784 

may  appeal  from  the  order  of  the  board  of  directors  of  the  district  to 
the  advisory  board  of  the  state  engineering  department.  Such  appeal 
shall  be  in  writing  and  set  forth  the  nature  of  the  objection  and  a  copy 
thereof  shall  be  filed  with  the  board  of  directors  of  the  district,  with 
the  advisory  board  of  the  state  engineering  department  and  with  the 
boards  of  supervisors  of  the  counties  constituting  the  district. 

§  17.  Hearing.  Judgment.  Upon  filing  such  appeal,  the  said  advisory 
board  shall  have  jurisdiction  to  hear  and  determine  the  same.  It  may 
take  testimony  and  hear  all  parties  interested  It  may  change  or  modify 
any  of  the  plans  of  the  engineer,  and  may  reduce  the  estimate  of  cost^ 
or  change  or  modify  any  assessment  or  make  a  new  assessment.  Its 
judgment  shall  be  final  and  conclusive,  and  a  copy  thereof  shall  be  filed 
with  the  state  board  of  control  and  with  the  boards  of  supervisors  of 
the  counties  composing  the  district. 

§  18.  Assessment  charge  on  state  and  counties.  Installments.  Time 
for  payment  of  first  installment.  The  amount  of  the  assessment  imposed 
by  the  board  of  directors  of  the  district,  or  by  the  said  advisory  board, 
shall  be  a  charge,  respectively,  upon  the  state  and  the  counties  compos- 
ing the  district  to  the  amount  determined  as  herein  provided,  and  shall 
be  i^ayable  in  five  annual  installments;  provided,  that  should  any  install- 
ment exceed  a  sum  equal  to  that  which  could  be  raised  by  a  tax  of  five 
cents  upon  each  one  hundred  dollars  of  assessed  valuation  as  the  same 
appears  upon  the  assessment-roll  of  a  county,  then  in  the  case  of  such 
county  the  number  of  annual  installments  may  be  increased  to  such  a 
number  that  the  amount  of  each  installment  will  be  less  than  that  which 
would  result  from  the  levy  of  such  tax.  The  first  installment  shall  be 
payable  on  or  before  the  first  day  of  January  following  the  filing  of  the 
assessment  with  the  state  board  of  control  and  boards  of  supervisors; 
provided,  said  assessment  shall  have  been  so  filed  prior  to  the  first  day 
of  September  preceding;  otherwise  it  shall  be  payable  on  the  first  day 
of  the  second  January  succeeding  such  filing.  The  remaining  install- 
ments  shall  be  payable  on  the  same  day  in  each  succeeding  year. 

§  19.  Payment  of  installments.  On  or  before  the  time  fixed  by  law 
for  levying  taxes  for  county  purposes,  the  boards  of  supervisors  of  each 
county  composing  the  district  shall  make  provision  for  the  payment  of 
tlie  amount  of  the  installment  of  the  assessment,  either  by  the  payment 
of  the  same  from  the  moneys  received  from  the  state  as  herein  stated 
or  from  a  tax  levied  for  that  pur])osc,  wliidi  tax  shall  be  in  addition  to 
all  taxes  levied  for  county  [lurposes.  The  aiiiuiiiit  assessed  against  the 
slate  in  the  ilisci'et ion  ot  the  slate  lioaiil  of  cdntrol,  may  be  paid  in  one 
installiiieni  and  liDrn  any  fund  now  a,vailable,  or  whith  may  hereafter 
1„.  made  asailalile  for  the  pnrjiose,  or  out  of  special  appropriations  for 
tin;  pur].ose  made  by  the  legislature.  Moneys  shall  be  paid  by  the  state 
treasurer  upon  warrants  duly  drawn  by  the  controller  of  the  state,  upon 
demands  made  by  the  state  engineering  deiiartment  and  audited  by  the 
state  board  of  control. 

§20.  "Construction  fund."  All  moneys  rereived  by  the  joint  high- 
way  district,   unless  otherwise   pro\ided    herein,  shall   be  kept  in  a  fund 


785  HIGHWAYS.  Act  14r)8f,  §§  21, 22 

to  be  named  "eonstnietion  fund"  and  sliall  be  paid  out  upon  tlie  order 
of  the  board  of  directors  only  for  the  construction  of  tlie  highway  herein 
jirovided. 

§  21.  "Revenue  bonds."  Maturity.  Board  of  directors  determine 
form,  etc.     Interest  rate.     Purchase  by  state  board  of  control.     At  any 

time  after  the  assessment,  either  against  the  state,  the  several  counties 
or  the  land  within  an  assessment  district  has  been  made,  the  board  of 
directors  of  the  district  may  anticipate  the  payment  thereof  and  may 
issue  "revenue  bonds"  against  the  fund  into  which  shall  be  paid  all 
sums  paid  on  account  of  the  assessments  imposed.  The  maturity  of  any 
bonds  issued  shall  be  subsequent  to  the  date  upon  which  any  installment 
of  assessment  is  due  and  the  amount  to  become  due  shall  not  exceed 
the  amount  of  such  installment  of  assessment  available  to  pay  the  same. 
The  intent  of  the  foregoing  provision  is  that  there  shall  be  available  for 
the  jjayment  of  the  principal  and  interest  of  all  bonds  issued  a  sum  suffi- 
cient to  pay  the  same  at  the  time  such  interest  and  principal  become  due, 
and  it  shall  be  the  duty  of  the  board  of  directors  to  make  provision  for 
the  payment  of  all  bonds  issued  and  interest  tliereon  prior  to  their  sale 
and   delivery. 

The  bonds  shall  be  issued  at  such  times  and  in  such  amounts  as  may 
be  required  to  meet  the  payment  of  the  demands  of  the  district,  as  may 
be  determined  by  the  board  of  directors.  The  form,  denomination,  rate' 
of  interest,  time,  place  and  manner  of  payment  and  all  matters  relating 
to  such  issuance  shall  be  determined  by  the  board  of  directors  of  tlie 
district;  provided,  that  the  rate  of  interest  shall  not  exceed  five  per 
centum  per  annum. 

The  bonds  so  issued  shall  be  sold  in  such  amounts  as  the  board  of 
directors  may  determine.  The  state  board  of  control  is  hereby  author- 
ized to  purchase  such  bonds  and  pay  for  them  out  of  any  surplus  money 
in  the  state  treasury  which,  in  its  judgment,  shall  not  be  required  for 
governmental  purposes  prior  to  the  maturity  of  such  bonds.  The  boards 
of  supervisors  of  the  several  counties  shall  likewise  have  authority  to 
purchase  such  bonds  with  any  surplus  funds  under  their  control. 

§  22.  Highway  assessment  district.  Whenever  it  shall  appear  to  the 
satisfaction  of  the  board  of  directors  that  any  land  under  private  owner- 
ship will  be  benefited  by  the  construction  of  the  highway  herein  pro- 
vided for,  said  board  of  directors,  after  the  receipt  of  the  report  and 
estimates  of  costs  herein  required  to  be  made  and  filed,  may  adopt  a 
resolution   of  intention   substantially   in   the  following   form: 

EESOLUTION    OF   INTENTION. 

Whereas,  it  ap{)ears  to   the  satisfaction  of   the  board  of  directors   of 

joint  highway  district  number of  the  state  of  California,  that  land 

nnder  private  ownership  will  be  benefited  by  the  construction  of  a 
highway  provided  for  in  an  act  entitled:  "An  act  providing  for  the 
creation,  organization  and  government  of  joint  highway  districts  com- 
posed of  two  or  more  counties  of  the  state  of  California,"  therefore  be  it 

Eesolved,  That  it  is  the  intention  of  the  board  of  directors  of  said 
joint  highway  district  to  create  a  highway  assessment  district  to  cora- 
50 


Act  1458f,  §  23  GENERAL   LAWS.  786 

prise  all  the  land  under  private  ownership  within  the  following  bound- 
aries to  wit:   (Here  set  forth  the  boundaries  of  the  proposed  district.) 

Further  resolved,  That  it  is  the  intention  to  assess  the  sum  of  $ , 

being  a  part  of.  the   estimated   cost   of  said   highway  construction 

as  appears  upon  the  report  of  the  district  engineer  filed  in  the  office  of 
the  board  of  directors  of  said  district,  upon  the  land  within  the  bound- 
aries of  said  proposed  district  as  herein  described  in  the  manner  pro- 
vided in  said  act. 

Further  resolved.   That  the  day  of  19 — ,  at  the  hour 

of  at   (meeting  place  of  the  board  of  directors)   is  hel^eby  fixed  as 

the  time  and  place  for  hearing  all  objections  that  may  be  made  to  the 
creation  of  said  district  or  the  amount  of  benefits  to  be  assessed  as 
aforesaid;  also  to  hear  and  determine  all  claims  for  damages  that  may 
result  from  the  construction  of  the  highway  aforesaid. 

Reference  to  the  aforesaid  report  of  the  district  engineer  for  further 
particulars  is  here  made. 

Adopted  by- the  board  of  directors  of  joint  highway  district  number 
of  the  state  of  California,  this  day  of  ,  19 — . 

Directors. 

Attest: , 

Secretary. 

Time  for  hearing.  The  time  of  hearing  shall  be  not  less  than  thirty 
nor  more  than  forty  days  from  the  date  of  the  adoption  of  the  above 
resolution. 

§  23.  Notice  of  resolution.  Proof  of  publication.  Posting  of  notices. 
The  board  of  directors  shall  cause  a  notice  of  the  passage  of  such  resolu- 
tion including  a  copy  of  the  same  to  be  published  five  times  in  a  daily 
newspaper  of  general  circulation  published  in  each  of  the  counties  com- 
posing the  district  or  two  times  in  a  newspaper  published  less  than  six 
days  a  week,  or  if  no  newspaper  be  published  in  any  county  then  such 
notice  shall  be  posted  in  three  public  places  in  such  county  for  a  period 
of  ten  days.  The  first  publication  in  each  of  said  counties  shall  be 
within  five  days  after  the  adoption  of  said  resolution  of  intention. 
Such  notice  shall  be  headed  by  the  words  "notice  of  intention  to  create 
highway  assessment  district."  Proof  of  the  publication  of  such  notice 
shall  be  made  by  affidavit  filed  in  the  office  of  the  secretary  of  the 
board  of  directors  and  such  publication  and  proof  shall  be  held  sufficient 
to  vest  jurisdiction  in  the  board  of  directors -to  hear  and  determine  all 
matters  authorized  by  this  act  to  be  so  heard  at  the  time  and  place  of 
hearing  fixed  by  the  said  resolution  of  intention. 

The  board  of  directors  shall  also  cause  to  be  conspicuously  posted 
within  fifty  feet  of  all  points  where  the  highway  proposed  to  be  con- 
structed shall  intersect  existing  public  highways  two  copies  of  the  notice 
herein  required  to  be  published.  Said  notice  shall  be  headed  as  heroin 
specified  and  the  words  of  said  heading  shall  be  in  type  at  least  two 
inches  in  height  and  the  body  of  said  notice  shall  be  set  in  what  is 
known  as  twclvo-iioint  or  pica  type.  Said  notices  shall  bo  posted  within 
ten  days  from  the  date  of  the  adoption  of  the  resolution  of  intention. 


787  HIGHWAYS.  Act  1458f,  §§  24-27 

§  24.  District  engineer  to  prepare  map.  The  district  engineer  shall  Vje 
directed  to  prepare  a  map  showing  the  exterior  boundaries  of  the  proposed 
district,  the  line  of  the  proposed  highway,  intersecting  highways,  bound- 
ary lines  of  the  counties,  the  separate  parcels  of  land  within  the  district 
and  names  of  the  owners  thereof  as  nearly  as  the  same  may  be  ascer- 
tained from  the  records  of  the  assessors'  office  in  the  several  counties. 
Said  map  shall  be  completed  before  the  date  set  for  the  hearing. 

§  25.  Objections.  Any  person  who  may  be  affected  by  the  creation 
of  the  proposed  assessment  district  may  make  objection  thereto.  Ob- 
jections shall  be  in  writing  signed  by  the  objector  or  his  agent  and 
filed  prior  to  the  day  fixed  for  the  hearing.  Objections  may  be  made  to 
the  boundaries  of  the  district  or  to  the  amount  of  the  assessment  pro- 
posed to  be  imposed.  Claims  for  damages  to  result  from  the  construc- 
tion of  the  highway  or  the  grade  thereof  as  delineated  upon  the  map  or 
profile  drawings  of  the  district  made  by  district  engineer  shall  also  be 
presented  prior  to  the  day  of  hearing  and  a  failure  to  present  such 
claims  shall  be  deemed  to  be  an  express  waiver  thereof. 

§  26.  Hearing  of  objections.  At  the  time  fixed  in  the  resolution  of 
intention  for  hearing  objections,  or  at  such  time  as  such  hearing  may  be 
continued,  and  all  parties  shall  be  deemed  to  have  notice  of  such  con- 
tinuance, the  board  of  directors  shall  hear  and  determine  all  objections 
that  may  be  made  and  it  shall  be  competent  for  said  board  to  hear  and 
determine  any  or  all  objections  of  every  kind  or  nature  even  though 
such  objections  shall  not  be  expressly  authorized  by  this  act,  and  also 
may  pass  upon,  compromise  or  determine  any  claim  for  damages  pre- 
sented as  herein  provided. 

§  27.  Changing  boundaries,  etc.  Claims  for  damages.  Order  by  board 
of  directors.  At  the  conclusion  of  the  hearing  the  board  of  directors 
may  change  the  boundaries  of  the  proposed  district,  but  may  not  include 
any  territory  outside  thereof,  may  reduce  the  total  amount  of  the  assess- 
ment proposed  to  be  imposed,  change  or  modify  any  grades  of  a  proposed 
highway  and  may  sustain  or  overrule  any  other  objections  or  generally 
overrule  all  objections  that  may  have  been  made.  It  may  also  reject  or 
approve  in  whole  or  in  part  any  claim  for  damages.  The  total  amount 
of  all  claims  for  damages  that  may  be  allowed  shall  be  added  to  the  esti- 
mate of  the  cost  of  the  proposed  highway  and  one-fourth  of  such  amount 
of  claims  may  be  added  to  the  amount  of  assessment  proposed  to  be 
imposed  unless  such  estimate  shall  already  have  provided  for  such 
damages. 

All  matters  pertaining  to  the  hearing  having  been  heard  and  deter- 
mined, the  board  of  directors  shall  cause  an  order  to  be  entered  in  its 
minutes  ordering  the  construction  of  the  proposed  highway,  creating  a 
highway  assessment  district  for  the  purposes  of  this  act  and  describing 
the  boundaries  of  the  highway  assessment  district  in  accordance  with 
this  determination,  declare  the  amount  of  the  assessment  to  be  imposed 
and  assessing  the  same  upon  the  land  within  the  district,  which  shall  be 
deemed  to  be  the  benefits  thereto  accruing  from  such  proposed  highway 
construction,  and  the  same  to  be  distributed  to  and  imposed  upon  the 
several  parcels  of  land  within  the  district  and  to  be  paid  as  in  this  act 


Act  1458f,  §§  28-33  general  laws.  788 

provided,  and  fix  the  mimber  of  annual  installments  in  which  such  assess- 
ment may  be  paid.  All  objections  not  specifically  set  forth  in  said  order 
shall  be  deemed  to  have  been  disallowed  and  overruled.  The  order  shall 
also  approve  the  map  of  the  district  made  as  herein  provided. 

§  28.  Order  sent  to  assessors  and  recorders.  Copies  of  said  order  and 
the  map  so  approved  shall  be  forthwith  transmitted  to  the  assessor  and 
recorder  of  the  several  counties  comprising  the  joint  highway  district. 
The  recorder  shall  record  said  order  and  map  as  provided  by  law  with- 
out charge  therefor.  The  assessor  shall  preserve  said  map  and  in  making 
any  assessment-roll  shall  cause  all  parcels  of  land  withiii  the  assessment 
district  to  be  separately  valued  so  that  the  value  of  all  the  land  therein 
shall  be  definitely  ascertained. 

§  29.  Statement  of  total  assessed  value.  On  or  before  the  fifteenth 
day  of  August  in  each  year  the  auditor  of  each  of  the  counties  composing 
the  district  shall  certify  and  transmit  to  the  secretary  of  the  joint  high- 
way district  a  statement  showing  the  total  assessed  value  of  the  land 
within  his  county  included  in  the  assessment  district  created  as  herein 
provided. 

§  3i).  Secretary  to  determine  amount  of  installment.  Immediately 
upon  receipt  of  the  statements  required  by  the  preceding  section,  the 
secretary  of  said  joint  highway  district  shall  ascertain  the  amount  of 
the  installment  of  the  assessment  due  and  to  be  paid  within  the  year 
thereafter.  The  sum  so  ascertained  shall  be  the  amount  to  be  raised  by 
taxation  upon  all  the  property  within  the  assessment  district.  He  shall 
apportion  the  said  amount  to  the  several  counties  composing  the  district 
according  to  the  assessed  value  of  the  land  therein  as  certified  and  shall 
transmit  to  the  clerk  of  the  board  of  supervisors  of  each  of  said  coun- 
ties a  statement  showing  the  total  assessed  value  of  the  land  within  these 
counties  included  in  the  assessment  district  and  the  amount  of  money 
required  to  be  raised  by  a  tax  imposed  thereon. 

§  31.  Levy  of  special  tax  in  district.  At  the  time  and  in  the  manner 
jirovided  by  law  for  the  levying  of  taxes  by  board  of  supervisors,  the 
l>o:ird  of  supervisors  in  each  of  the  counties  composing  the  joint  high- 
way district  shall  levy  a  special  tax  upon  all  the  land  within  the  highway 
assessment  district  and  within  the  county,  suflicicnt  to  raise  the  sum  of 
money  required  by  Ihis  act  and  as  (•crfificd  liy  tlie  secretary  of  the  joint 
liigliway  distiiit. 

§32.  Collected  at  time  of  county  tax.  The  tax  so  levied  shall  l)e 
computeil  and  collcrtcd  in  the  time  and  manner  required  by  law  for  the 
com[)ntati()n  and  r(dlcrti()n  of  taxes  Un-  county  purposes  and  the  land 
subject  to  sucli  tax  shall  be  subject  to  tiie  same  penalties  for  delin- 
quencies, and  the  same  provisions  of  law  relating  to  the  sale  and  re- 
demption of  land  for  non|)ayni('nt  (d"  coiinly  taxes,  shall  aii]ily  to  the  tax 
herein  authorized. 

§33.  Moneys  paid  to  treasurer.  All  money  collected  as  the  jiroceeds 
of  a   tax  ](;vied  as  herein   provided  shall   lie   paid   by  the  tax  collector  to 


789  HIGHWAYS.  Act  1458f,  §§  34-38 

tlio  treasurer  of   the  joiiit   higliway   district   and  plac-ecl   to   the  credit   of 
the  funds  of  the  district  as  herein  provided. 

§  34.  Additional  reports.  It  is  hereby  expressly  provided  that  the 
entire  highway  originally  described  need  not  be  provided  for  in  the 
report  of  the  engineer  made  as  provided  in  section  thirteen  of  this  act. 
Additional  reports  may  be  made  from  time  to  time  as  the  same  shall  be 
deemed  expedient  and  provide  for  the  construction  of  other  sections  of 
such  highway.  The  cost  of  such  additional  portions  shall  be  provided 
for  in  the  same  manner  as  herein  provided  for  in  the  case  of  the  first 
report  and  additional  assessments  may  be  made  in  like  manner.  Addi- 
tional assessments  may  be  imposed  in  case  the  cost  of  construction 
exceeds  the  estimate  made  or  in  case  any  assessment  shall  be  held  invalid 
for  any  reason. 

§  35.  Contract  let  to  lowest  bidder.  Construction  by  board  of  direc- 
tors. Eight-hour  day.  The  work  of  construction  shall  be  done  by  con- 
tract let  to  the  lowest  responsible  bidder  after  advertisement  for  bids 
therefor  shall  have  been  made  by  publication  in  a  newspaper  of  general 
circulation  published  within  the  district  for  a  period  of  ten  days  prior 
to  the  receipt  of  such  bids.  Bonds  for  the  faithful  performance  of  the 
contract  and  for  the  payment  of  claims  for  labor  and  material  shall  be 
required  of  the  successful  bidder.  However,  if  it  should  appear  to  the 
satisfaction  of  the  board  of  directors  that  the  bids  were  excessive  or  that 
collusion  existed  among  bidders  so  as  to  prevent  proper  competition  then 
the  board  of  directors  are  authorized  to  purchase  the  necessary  material, 
machinery  and  equipment  and  employ  labor  to  perform  the  work  of  con- 
struction. The  board  of  directors  may  acquire  rock  quarries  or  deposits 
of  road  material  or  if  it  is  to  the  advantage  of  the  district  may  pur- 
chase material  and  furnish  the  same  to  contractors.  A  maximum  of 
eight  hours  shall  constitute  a  day's  labor  and  three  dollars  shall  be  the 
minimum  charge  paid  for  such  day's  labor  performed  upon  the  work  of 
construction. 

§36.  Advisory  board  to  control  expenditure  of  state  funds.  In  case 
it  shall  be  determined  that  any  sura  of  money  authorized  to  be  expended 
from  the  state  treasury  shall  be  expended  as  required  by  section  twenty- 
two  of  article  four  of  the  constitution,  then  the  advisory  board  of  the 
state  engineering  department  shall  have  the  exclusive  management  and 
control  of  such  expenditure,  but  such  advisory  board  may,  in  its  discre- 
tion, delegate  its  powers  to  the  board  of  directors  of  the  joint  highway 
district  and  said  joint  highway  district  is  hereby  declared  to  be  a  state 
institution  within  the  meaning  of  said  constitution.  The  board  of  direc- 
tors of  the  district  may  vest  in  the  state  engineering  department  author- 
ity to  supervise  the  work  of  construction. 

§  37.  Necessary  repairs.  Until  the  completion  of  said  highway,  all 
necessary  repairs  thereto  shall  be  held  to  be  a  necessary  part  of  the  con- 
struction thereof  and  may  be  made  either  by  contract  or  by  the  board 
of  directors  and  the  cost  thereof  paid  from  the  construction  fund. 

§  38.  Negotiations  with  United  States.  In  case  the  governmental 
authorities  of  the  United  fcitatcs  should  desire  to  include   such   highway 


Act  1465  GENERAL   LAWS.  790 

in  any  scheme  of  national  defense  and  use  or  assume  the  use  of  the  same 
for  military  or  other  purposes,  the  board  of  directors  of  the  joint  high- 
way district  either  directly  or  through  the  state  engineering  department 
may  enter  into  negotiations  respecting  the  same  and  enter  into  such 
agreements  as  may  be  mutually  satisfactory. 

§  39.  Regulations  by  board  of  directors.  The  board  of  directors  may 
make  such  regulations  respecting  the  use  of  such  highway  as  shall  not 
conflict  with  general  laws  and  may  exclude  from  such  highway  such 
class  of  the  vehicular  traffic  as  may  be  dangerous  to  public  safety  or 
which  may  result  in  a  permanent  injury  to  the  roadway.  All  laws  regu- 
lating state  highways  and  inflicting  penalties  for  a  violation  thereof 
shall  apply  to  the  highways  constructed  under  the  provisions  of  this  act. 

§  40.  Certificate  of  completion.  Interest  and  rights  of  way  conveyed. 
Upon  the  completion  of  the  highway  or  any  section  thereof,  the  fact  of 
such  completion  shall  be  certified  to  the  advisory  board  of  the  state  en- 
gineering department  and  such  advisory  board  shall  cause  inspection  to  be 
made  of  such  highway.  If  such  advisory  board  shall  find  that  the  same 
has  been  properly  constructed  and  is  in  good  repair  throughout,  it  shall 
issue  a  certificate  of  completion.  Thereupon  said  advisory  board  shall, 
after  due  hearing,  apportion  said  highway  to  the  several  counties  consti- 
tuting the  district,  or  may  accept  the  whole  or  any  portion  thereof  as  a 
state  highway.  The  decree  of  distribution  shall  be  transmitted  to  the 
board  of  directors  of  the  joint  highway  district.  Thereupon  the  said  board 
of  directors  shall  convey  to  the  several  counties  composing  the  distri'^t,  or 
to  the  state  as  the  case  may  be,  all  interest  and  rights  of  way  that  the 
district  may  have  in  and  to  the  highw^ay  so  constructed  and  accepted  in 
accordance  with  the  terms  of  said  decree  of  distribution.  The  highwaj-  or 
portions  conveA'ed  shall  become  a  part  of  the  system  of  county  roads,  or 
state  highway  as  the  case  may  be,  and  shall  be  maintained  by  said  coun- 
ties from  the  general  or  district  road  funds  or  by  the  state  as  provided  by 
law. 

§41.  Employees  discharged.  Upon  the  receipt  of  the  decree  of  dis- 
tribution of  the  entire  highway  all  employees  of  the  board  of  directors 
shall  be  forthwith  discharged  excepting  the  secretary  who  shall  continue 
to  perform  the  duties  required  of  him  by  this  act. 

§42.  District  dissolved,  when.  When  all  the  bonds  that  may  liave 
been  issued  in  pursuance  with  the  provisions  of  this  act  shall  have  been 
paid,  all  property  of  the  district  shall  be  converted  into  money  and  all 
such  moneys  shall  bo  distributed  to  the  counties  composing  the  district 
in  proportion  to  the  amount  contributed  by  them  under  the  provisions 
of  tliis  act.  Thereupon,  all  books,  documents,  maps  and  other  records 
shall  be  deposited  with  the  state  engineering  department  and  thereupon 
said  point  highway  district  sliall  be  dissolved. 

ACT  1465. 

An  lift  to  firovido  for  work  upon  pul)li('  roads,  streets,  avenues,  boule- 
vards, lanes  and  alleys  not  within  tlie  territory  of  incorporated  cities 
or  towns;  for  the  incidental  establishment  of  grades  thereof;  for  the 


791  HIGHWAYS.  Act  1465,  §§  1, 3 

construction  therein  or  thereon  of  sidewalks,  sewers,  manholes, 
bridges,  cesspools,  gutters,  tunnels,  curbing  and  crosswalks;  for  the 
issue  of  bonds  representing  the  costs  and  expenses  thereof;  for  a 
special  fund  derived  in  part  from  the  county  road  fund  and  in  part 
by  special  assessment  upon  a  district,  and  for  the  establishment  of 
such  districts. 

[Approved  March  21,  1907.     Stats.  1907,  p.  806.] 

Amended  1911,  p.  506;  1915,  p.  1394;  1917,  p.  1369. 

The  amendment  of  1917  follows: 

§  1.  Powers  of  boards  of  supervisors  to  do  road  work.  Prohibited 
work.  Power  is  hereby  vested  in  the  board  of  supervisors  of  every 
county  in  this  state,  by  and  under  the  procedure  prescribed  in  this  act, 
to  grade  or  regrade  to  the  official  grade,  plank  or  replank,  pave  or  re- 
pave,  macadamize  or  remacadamize,  gravel  or  regravel,  pile  or  repile,  cap 
or  recap,  oil  or  reoil  the  -whole  or  any  portion  of  roads,  streets,  avenues, 
boulevards,  lanes  or  alleys  so  far  as  not  within  the  territory  of  any 
incorporated  city  or  town,  and  so  far  as  by  dedication  or  otherwise, 
public  and  open  to  public  use,  and  to  do  so  for  any  length  or  width  of 
the  same,  one  of  the  same  or  any  number  of  the  same  in  combination, 
and  to  construct  therein  or  thereon  sidewalks,  sewers,  manholes,  culverts, 
bridges,  cesspools,  gutters,  tunnels,  curbing  and  crosswalks,  and  to  do 
the  aforesaid  things  singly  or  in  any  combination  of  the  same,  and  the 
various  items  of  the  said  work  and  constructions  need  not  be  contermin- 
ous; and  to  issue  bonds  representing  the  costs  and  expenses  of  any  said 
work  or  constructions  as  in  this  act  hereafter  provided;  and  to  consti- 
tute a  fund  for  the  payment  of  such  bonds  as  in  this  act  hereafter  pro- 
vided; and  to  constitute  a  special  fund  for  the  payment  of  such  bonds 
as  in  this  act  hereafter  provided;  and  to  levy  special  assessment  taxes 
upon  a  district  as  in  this  act  hereafter  provided;  and  to  establish  said 
district  and  determine  its  boundaries  as  in  this  act  hereafter  provided; 
and,  as  incidental  to  the  exercise  of  the  powers  aforesaid,  to  establish 
official  grades  within  said  district  and  such  districts;  and  to  transfer 
from  county  road  funds  to  such  special  funds  as  in  this  act  hereafter 
provided;  and  to  purchase  material  and  funish  the  same  to  be  used  in 
the  doing  of  any  of  the  works  above  named. 

But  said  board  of  supervisors  are  hereby  prohibited  from  doing, 
under  the  provisions  of  this  act,  any  work,  except  sewer  or  drain  work, 
within  the  roadway  of  any  railroad  or  within  any  area  which  by  law  is 
required  to  be  kept  in  order  or  repair  by  any  person  or  company  having 
railroad  tracks  thereon,  and  this  prohibition  shall  have  the  effect  of 
excepting  the  prohibited  work  from  that  described  in  any  resolution  of 
intention  in  any  proceeding  under  this  act,  and  of  charging  all  persons 
with  notice  of  such  exception  or  exclusion,  and  such  exception  of  said 
prohibited  work  need  not  be  made  in  any  sufh  resolution  of  intention. 
[Amendment  approved  May  31,  1917;  Stats.  1917,  p.  1370.] 

§  3.  Resolution  of  intention.  Form  of  resolution.  Before  ordering 
any  work  to  be  done  under  this  act,  the  board  of  supervisors  shall  pass 
a  resolution  of  intention  so  to  do.  Such  resolution  may,  in  form,  and 
shall,  in  substance,  be  (filling  all  blanks)  as  indicated  following,  to  wit: 


Act  1465,  §  3  GENERAL   LAWS.  792 

In  the  matter  of  road  district  improvement  No. .     Eesolution   of 

intention  No.  (the  same  number  for  both  blanks.) 

Resolved,  That  it  is  the  intention  of  the  board  of  supervisors  of  the 

county  of  ,  state  of  California,  proceeding  under  and  by  virtue  of 

the  road  district  improvement  act  of  1907,  and  in  the  matter  of  road  im- 
provement district  No.  ,  on  the  day  of  ,  19. — ,  at  the  hour 

of  —  M.  of  that  day  or  as  soon  thereafter  as  the  matter  can  be  heard, 
at  the  chambers  of  said  board,  to  order  work  to  be  done,  as  follows: 
(Here  insert  a  description  of  the  wdrk,  stating  the  territorial  extent 
thereof  with  all  reasonable  exactness,  and  in  other  particulars  generally, 
yet  so  as  to  indicate  fairly  and  approximately  its  probable  cost),  the 
said  work  to  be  done  in  accordance  with  the  specifications  therefor  filed 

with  the  clerk  of  said  board  on  the day  of  ,   19 — ,  except  as 

the  boundaries  of  the  district  and  grades  therein  specified  may  be 
changed  at  the  hearing  of  the  matter  hereinafter  mentioned,  which  speci- 
fications are  made  part  hereof,  and  to  which  all  persons  are  referred  for 
further  particulars  as  to  said  work.  For  the  costs  and  expenses  of  the 
work   and   the   proceeding   bonds   will  be   issued   to    the   amount   of   the 

same,  bearing  interest  at  tlie  rate  of  per  cent  per  annum,  payable 

semi-annually,  and  one  part  of  the  principal  annually,  all   in  gold 

coin  and  the  aggregate  principal  of  said  bonds  shall  be  paid  and  dis- 
charged within  " "  years  from  the  issue  thereof. 

A  special  fund  for  the  payment  of  said  bonds  is  to  be  constituted  by 
the  levy  of  special  assessment  taxes  upon  all  land  within   a  district  to 

be  known  as  "road  improvement  district  No. of  the  county  of ," 

(and  it  may  be  added,  "and  partly  by  transfer  of  moneys  from  county 
road  funds"). 

Such  district  (as  proposed)  being  all  that  territory  in  the  county  of 
,  state  of  California,  within  exterior  boundaries  as  follows,  to  wit: 

(the   blank  to   be   filled   with   a   careful   statement   of   the   exterior 

boundaries  of  the  district). 

Notice  is  hereby  given  that  at  the  time  specified  hereinbefore  for 
ordering   the   work,   the   matter   of   said   road   district   improvement  No. 

will  come  uj:)  for  hearing,  and  all  objections,  which  are,  under  the 

provisions  of  said  road  district  improvement  act  of  1907,  entitled  to  be 
heard  or  determined,  will  then  be  heard  and  determined,  and  the  bound- 
aries of  said  district  and  grades  therein  be  finally  determined  and 
established. 

The  (here   insert   name   and   character   of   newspaper),   is   hereby 

designated  as  the  ncwspajier  for  making  jiublication  of  this  resolution 
and  for  making  all  other  publications  in  the  proceeding. 

,  a  competent  person,  is  hereby  appointed  sui)eriutendent  of  work 

with  compensation  at  the  rate  of  dollars  per  diem  for  days  actually 

spent  in  the   performance   of  duty   under  this  appointment,    (or,  in  lieu 

of  the  paragraph  last  preceding,  it  may  appear,  " ,  a  county  officer  is 

hereby  ajipointed  superintendent  of  work  without   compensation"). 

The    f(ireg(iiiig  r(>so]ution   was,   on   the day   of  ,   19 — ,   passed 

bv   th<'   bo.'iiil    of  supervisors  <>!'   Hie   county   of ,  state  of  California. 

Attest , 

(  Icrk   of  ihr   lin:iril   of  su]i('rvisors  of  said  county  of  , 

By , 

Deputy  Clerk. 


793  HIGHWAYS.  Act  1465,  §§  4, 7 

The  principal  uiul  interest  of  tiie  bonds  representing  the  cost  of  work 
done  uniler  the  provisions  of  this  act,  shall  be  payable  in  gold  coin  of 
the  United  States  of  America,  and  the  board  of  supervisors  is  author- 
ized to  determine  the  time,  not  to  exceed  twenty  years,  in  which  bonds 
issued  to  represent  the  cost  of  the  work  shall  be  paid,  and  to  determine 
the  rate,  not  to  exceed  seven  per  cent  per  annum,  of  the  interest  to 
be  paid  thereon,  which  interest  shall  be  payable  semi-annually,  ami  to 
make  such  bonds  in  all  respects  as  indicated  by  the  form  therefor,  in 
this  act  hereafter  provided.  [Amendment  approved  May  31,  1917; 
Stats.   1917,   p.   1370.} 

§  i.  Publication  of  resolution.  Copies  posted.  Power  to  proceed. 
Evidence  of  facts.  Such  resolution  of  intention  shall  be  filed,  and  be 
published  by  at  least  two  insertions  in  the  newspaper  therein  desig- 
nated, which  shall  be  a  newspaper  published  and  circulated  in  the 
county,  or,  if  there  be  no  such  newspaper,  then  in  any  newspaper  desig- 
nated by  said  board  of  supervisors  in  such  resolution.  Printed  copies 
of  such  resolution,  headed,  "notice  of  road  district  improvement,"  such 
heading  to  be  in  letters  not  less  than  one  inch  in  length,  shall  be,  by 
the  superintendent  of  work,  or  by  some  person  appointed  by  him  -for 
the  purpose,  posted  along  the  line  of  work  described  in  said  resolution, 
at  not  more  than  one  hundred  feet  in  distance  apart,  but  not  less  than 
three  in  all. 

Affidavits  in  proof  of  such  publication  and  posting  shall  be  filed  with 
the  clerk  of  the  board  of  supervisors.  When,  before  the  day  of  the 
hearing  specified  in  the  resolution  of  intention,  twenty  days  have 
elapsed  since  the  posting  and  the  first  publication  (they  need  not  be 
simultaneous)  of  the  resolution  of  intention,  the  board  of  supervisors 
shall  have  acquired  power  to  proceed  with  such  hearing  and  to  take 
all  other  action  in  the  proceeding  as  is  in  this  act  authorized. 

The  determination  of  the  board  of  supervisors  to  proceed  with  such 
hearing,  whether  evidenced  by  an  express  declaration  or  by  its  pro- 
ceedings to  make  other  determinations  at  such  hearing,  shall  be  pre- 
sumptive evidence,  at  least,  of  the  existence  of  all  of  the  facts  upon 
which  the  power  of  the  board  to  proceed  depends,  except  such  as  are 
required  to  appear  of  the  record  in  the  proceeding,  and  except,  also,  in 
so  far  as  such  presumption  is  rebutted  by  the  record  in  the  proceeding. 

§  7.  Publication  of  notice  inviting  bids.  Consideration  of  bids.  No- 
tice of  award  to  be  published.  Bonds  accompanying  bids.  Successful 
bidder  to  pay  for  advertising.  The  notice  inviting  sealed  proposals  or 
bids  shall  be  published  by  at  least  two  insertions  in  the  newspaper  des- 
ignated in  the  resolution  of  intention  and,  not  necessarily  simulta- 
neously, a  copy  or  copies  of  the  same  be  posted  and  kept  posted  for  five 
days,  at  or  near  the  chamber  door  of  the  board  of  supervisors.  All 
])roposals  or  bids  shall  be  accompanied  by  a  check,  payable  to  the  order 
of  the  presiding  officer  of  the  board  of  supervisors,  certified  by  a  re- 
sponsible bank  for  an  amount  not  less  than  ten  per  cent  of  the  aggre- 
gate of  the  proposal  or  bid,  or  by  a  bond  for  said  amount  running  to 
the  presiding  officer  of  the  board  of  supervisors,  signed  by  the  bidder. 


Act  1465,  §  9a  general  laws.  794 

with  two  sureties  qualif^-ing  each  in  said  amount  over  and  above  all 
statutory  exemptions  before  an  officer  competent  to  administer  an  oath. 

Said  proposals  or  bids  shall  be  delivered  to  the  clerk  of  said  board, 
and  said  board  shall,  in  open  session,  examine  and  declare  the  same, 
but  no  proposal  or  bid  shall  be  considered  unless  accompanied  by  said 
check  or  such  bond  in  terms  satisfactory  to  the  board.  The  board  may 
reject  any  and  all  proposals  or  bids  should  it  deem  this  for  the  public 
good,  and  shall  reject  all  proposals  or  bids  other  than  the  lowest  regu- 
lar proposal  or  bid  of  any  responsible  bidder,  and  may  award  the  con- 
tract for  said  work  to  the  lowest  responsible  bidder  at  the  price  named 
in  his  bid. 

A  notice  of  such  award,  attested  by,  the  clerk  of  the  board  of  super- 
visors, shall  be  published  two  days  and  posted  for  five  daj's  in  the  same 
manner  as  hereinbefore  provided  with  respect  to  the  notice  inviting 
proposals  or  bids. 

The  check  or  bonds  accompanying  such  accepted  proposals  or  bids 
shall  be  kejat  by  the  clerk  of  said  board  until  the  contract  for  doing 
said  work,  as  hereinafter  provided,  has  been  entered  into.  Tf  said 
bidder  fails,  neglects  or  refuses  to  enter  into  the  contract  for  said  work, 
as  hereinafter  provided,  then  the  certified  cheek  accompanying  his  bid,  and 
the  amount  therein  mentioned,  shall  be  declared  forfeited  to  the  county, 
and  may  be  collected  by  it  and  paid  into  its  road  fund,  and  any  bond 
forfeited  may  be  prosecuted,  and  the  amount  thereof  collected  and  paid 
into  said  fund. 

Before  being  entitled  to  a  contract  the  bidder  to  whom  the  award 
thereof  has  been  made  must  advance  and  pay  to  the  clerk  of  the  board 
of  supervisors,  for  payment  by  him  the  costs  and  expenses  of  publish- 
ing and  posting  resolutions,  notices  and  orders  required  under  this  act 
to  be  made,  which  have  been  made,  given,  posted  or  published  in  the  pro- 
ceeding.     [Amendment  approved  May   31,   1917;   Stats.   1917,  p.   1373.] 

§  9a.  If  contractor  fails  to  carry  out  contract.  Action  to  recover  on 
bond.  If  the  contractor  shall  fail  to  begin  in  good  faith  the  work  pro- 
vided for  in  said  contract  within  the  time  in  said  contract  set  forth, 
or  shall  fail  thereafter  to  prosecute  said  work  in  a  workmanlike  and 
diligent  manner,  or  shall  fail  in  any  other  respect  to  carry  out  the  terms 
of  said  contract,  then  the  board  of  su))ervisors  shall  cause  written  notice 
to  be  served  upon  said  contractor,  specifying  the  particular  in  which 
he  fails  to  fulfill  the  requirements  of  said  contract  and  if  for  a  period 
of  three  days  thereafter  said  contractor  shall  fail  to  'remedy  the  defects 
set  forth  in  said  notice,  and  to  prosecute  said  work  thereafter  with  dili- 
gence and  in  a  workmanlike  manner,  then  the  board  of  supervisors 
shall  either  take  over  said  contract  and  complete  said  work,  or  shall 
relet  said  contract,  without  the  necessity  of  advertising  for  bids,  and 
cause  the  work  to  be  completed,  and  shall  declare  the  bond  given  by  said 
contractor  forfeited  and  order  suit  brf)ught  thereon,  and  all  moneys 
collected  tlierefrom  shall  be  jiaiil  iii1o  tlie  general  road  fund  of  the 
county. 

If  the  contractor  shall  fail  to  pay  for  any  labor  or  material  furnished 
for  or  in  the  doing  of  said  work  by  any  person,  such  person  may  within 


795  HIGHWAYS.  Act  1465,  §§  13a,  14 

ninety  days  after  the  making  of  the  final  order  hereinafler  referred  to, 
file  with  the  county  treasurer  a  verified  statement  of  such  fact,  and 
such  person  may  thereafter  within  six  months  after  the  filing  of  such 
statement  bring  an  action  on  said  bond  in  his  own  name,  or  if  he  has 
assigned  his  claim,  the  action  may  be  brought  in  the  name  of  the  as- 
signee; provided,  however,  that  the  right  of  the  county  to  recover  on 
said  bond  shall  be  superior  to  the  rights  of  any  such  person  to  recover 
thereon;  provided,  moreover,  that  if  such  statement  shall  be  filed  before 
the  expiration  of  twenty  days  from  the  making  of  such  final  order,  then 
the  county  treasurer  shall  be  authorized  to  withhold  from  the  contractor 
sufficient  of  the  bonds,  issued  as  hereafter  provided,  to  satisfy  said 
claim,  and  costs  which  can  reasonably  b9  anticipated.  [New  section 
added  May  31,  1917;  Stats.  1917,  p.  1373.] 

§  13a.  Materials  furnished  to  contractor.  The  board  of  supervisors, 
by  a  four-fifths  vote,  may  adopt  a  resolution  setting  forth  that  the 
improvement  to  be  made  is  of  more  than  local  importance,  and  that  all 
or  a  portion  of  the  materials  needed  for  the  improvement  are  to  be 
purchased  and  furnished  to  the  contractor  and  paid  for  out  of  the  gen- 
eral road  fund  or  out  of  the  fund  of  the  road  district  in  which  the  im- 
provement lies,  or  if  it  lies  in  two  or  more  road  districts,  out  of  the 
funds  of  such  districts  in  a  proportion  to  be  determined  by  the  board 
of  supervisors,  and  may  thereupon  purchase  and  furnish  to  the  contrac- 
tor such  materials,  and  pay  for  the  same  in  the  manner  set  forth  in 
said  resolution;  provided,  however,  that  no  material  shall  be  furnished 
the  contractor  unless  the  specifications  contain  a  statement  of  the  kind 
and  amount  of  the  material  to  be  furnished,  and  only  in  the  amount 
and  of  the  kind  set  forth  in  said  specifications.  [New  section  added 
May  31,  1917;  Stats.  1917,  p.  1374.] 

§14.  Engineer  of  work.  The  board  of  supervisors  is  hereby  vested 
with  power  as  follows,  to  wit: 

1.  To  appoint,  at  any  stage  of  the  proceeding  before  calling  for  pro- 
posals or  bids,  any  competent  engineer,  to  be  designated  "engineer  of 
work,"  for  the  purpose  of  doing  and  furnishing  all  the  civil  engineering 
work  or  services,  surveying  and  similar  work  and  services  necessary  to 
the  proper  doing  of  the  work.  His  compensation  or  at  least  the  rate  or 
some  basis  for  computing  the  same  shall  be  fixed  and  stated  in  the  order 
of  his  appointment,  which  said  order  shall  be  entered  in  the  minutes 
of  the  board;  provided,  any  county  officer  may  be  appointed  as  such 
engineer  without  com]iensation. 

2.  Superintendent  of  work.  To  appoint,  in  and  as  a  part  of  the  reso- 
lution of  intention,  any  competent  person  to  be  designated  "superin- 
tendent of  work,"  whose  duty  it  shall  he  to  perform  the  services  for 
him  in  this  act  prescribed  or  indicated,  and  to  have  the  general  actual 
supervision  of  the  work.  His  compensation  shall  be  fixed  at  the  time 
and  in  the  resolution  of  his  appointment  at  a  per  diem  not  to  exceed 
five  dollars  for  all  time  actually  devoted  to  the  work;  provided,  any 
county  officer  may  be  appointed  as  such  superintendent  without  com- 
pensation. 


Act  1465,  §  15  GENERAL    LAWS.  796 

3.  Specifications.  To  designate  any  competent  person  for  the  pur- 
pose of  preparing  and  furnishing  the  specifications  required  by  section 
two  of  this  act,  and  with  such  designation  to  fix  his  compensation,  or 
some  basis  for  computing  the  same,  or  to  appoint  any  county  officer  of 
the  county  without  compensation. 

4.  Appointees.     Not   charge    against    county.     Supervisors    ineligible. 

To  ajipoiut  and  designate  other  competent  persons  in  the  places  respec- 
tively of  the  persons  so  originally  appointed,  with  compensation,  so  far 
as  practicable,  proportionately  the  same  as  fixed  for  the  original  ap- 
pointee, and  to  appoint  such  additional  persons  as  may  be  needed  to 
carry  on  said  work;  and  to  fix  their  compensation  which  shall  be  a 
charge  against  the  district. 

No  part  of  such  or  any  compensation  for  said  officers  or  employees, 
or  for  se-rvices  rendered  by  any  of  them  shall  be  a  charge  against  the 
county  or  any  officer  thereof;  except  that  for  furnishing  specifications 
and  posting  the  resolution  of  intention  the  county  shall  be  liable  in  case 
the  proceedings  cease  or  are  abandoned,  before  the  award  of  the  con- 
tract; provided,  however,  that  whenever  any  county  officer  is  appointed 
to  any  of  the  positions  hereinabove  mentioned  without  compensation, 
the  actual  and  necessary  expenses  incurred  under  his  supervision,  includ- 
ing the  compensation  of  other  persons,  made  necessary  by  the  duties 
of  such  positions  shall  be  a  charge  against  the  county  but  shall  be  re- 
paid to  the  county  by  the  contractor  as  in  the  following  section  provided. 

No  member  of  the  board  of  supervisors  shall  be  eligible  to  appoint- 
ment to  any  office,  position  or  employment  under  this  act,  except  as 
county  officer  without  pay.  [Amendment  approved  May  31,  1917;  Stats. 
1917,  p.  1375.] 

§  15.  Costs  paid  by  contractor.  All  the  costs  and  expenses  of  the 
proceeding,  inclusive  especially  of  the  compensation  of  the  person  ap- 
pointed to  furnish  the  specifications,  of  the  superintendent  of  work,  of 
the  engineer  of  work,  of  the  cost  of  all  publications  under  this  act  re- 
quired to  be  made,  shall  be  chargeable  to  and  paid  by  the  contractor, 
and  they  shall  have  been  paid  before  delivery  of  the  bonds  shall  be 
made  by  the  county  treasurer;  provided,  however,  that  if  said  costs  and 
expenses  are  not  paid  within  ten  days  after  the  notice  given  that  said 
l)onds,  excepting  such  number  thereof  as  may  be  withheld  to  satisfy 
claims  filed  as  liereinabove  provided  are  ready  for  delivery,  a  sufficient 
iiumlter  of  said  bonds  maj'  be  sold  at  not  less  than  ninety-five  per  cent 
of  their  face  value  to  fully  satisfy  said  costs  and  expenses,  any  surplus 
over  said  costs  and  expenses  obtained  liy  sucli  sale  to  be  paid  to  said 
contractor;  |)rovided,  further,  that  tiie  (iiiinty  ticasiin'r  may  make  de- 
]i\cry  of  sni'li  bomls,  if  thcic  he  dt'iiosilcil  with  liiiii,  subject  to  the 
Older  of  the  lioard  of  supi'iv  Isois.  iiKincy  lo  the  amount  of  the  costs 
and  expenses  cliar^cnlilf  lo  the  i-onl  rarfor  as  the  same  is  stated  in  the 
attested  or<lftr  of  I  lie  IhimkI  of  sii[i('i\  isofs,  provided  for  in  section 
twelve  of  tills  a<-t.  'I'lic  ((nil  lad  (>i-  •■iiid  all  persons  clainiinji  under  him 
any  Inten.-st  in  said  lioiid.s,  wlictlicr  of  ownership,  lien  or  otherwise, 
Hhall  he  decMued  to  have  notice  ot  the  (imlciits  of  this  section.  |Amend- 
nicnl   ajpprovcd  May  'M,  1917;  Hlals.    1917,  p.  1376. ]> 


797  HIGHWAYS.  Act  1466,  §§  16, 18a 

ACT  1466. 

An  act  to  allow  unincorporated  towns  and  villasfos  to  establish,  equip 
and  maintain  systems  of  street  lights  on  juiblic  highways;  to  pro- 
vide for  the  formation,  government  and  operation  of  highway  light- 
ing districts;  the  calling  and  holding  of  elections  in  such  districts; 
the  assessment,  collection,  custody  and  disbursement  of  taxes 
therein;  and  the  creation  of  ex-officio  boards  of  supervisors. 

I  Approved   March  20,   1909.     ^tats.   1909,  p.  rj;il.J 

Amended  1911,  p.  439;  J913,  p.  447;  19]"),  p.  «)4;:1;  1917,  ]>.   ]r,-2\. 

The  amendment  of  3917  follows: 

§  16.  Disposition  of  funds.  Remainder  transferred  to  city  treasurer. 
The  revenue  derived  from  said  tax,  together  with  all  other  moneys  ac- 
quired in  any  manner  whatsoever  by  the  lighting  district  shall  be  paid 
into  the  county  treasury  to  the  credit  of  the  lighting  fund  of  the  district 
wherein  said  tax  was  collected,  subject  only  to  the  order  of  the  board 
of  supervisors  of  said  district,  and  to  be  by  them  expended  only  for 
and  on  behalf  of  the  district  wherein  such  money  was  collected;  pro- 
vided, however,  that  any  funds  arising  from  assessments  made  under 
the  provisions  of  this  act,  and  remaining  in  said  county  treasury  after 
the  payment  of  all  outstanding  legal  obligations  incurred  by  the  district, 
shall  be  ordered  transferred,  by  the  board  of  supervisors  of  the  county 
in  which  such  district  is  situated,  to  the  city  treasurer  of  the  city,  if 
any  there  be,  that  has  been  incorporated  since  the  formation  of  said 
district,  and  which  includes  within  its  corporate  limits  such  district  or 
any  considerable  portion  thereof.  If  such  incorporation  has  not  taken 
place,  then  said  funds  so  remaining  in  said  county  treasury  shall  be  trans- 
ferred to  a  separate  fund  and,  upon  the  order  of  the  board  of  supervisors 
of  the  county,  shall  be  repaid  pro  rata  to  the  persons  by  whom  the  assess- 
ments were  originally  paid.  [Amendment  approved  June  1,  1917;  Stats. 
1917,  p.  1521.] 

§  18a.  Annexation  of  territory.  Petition.  Notice.  Hearing.  Order 
granting  petition.  Tlie  boundaries  of  any  such  highway  lighting  district 
may  be  altered  and  outlying  contiguous  territory  in  the  same  county 
in  which  a  lighting  district  is  situated  annexed  thereto  in  the  follow- 
ing manner:  A  petition  signed  by  the  owners  representing  at  least  one- 
fourth  in  number  of  the  total  owners  of  real  property,  and  at  least 
one-fourth  of  the  assessed  valuation,  as  shown  by  the  last  equalized 
assessment-book  of  the  county  in  which  such  lighting  district  is  situated, 
of  the  real  property,  in  such  contiguous  territory  proposed  to  be  an- 
nexed, designating  the  boundaries  of  such  contiguous  territory  proposed 
to  be  annexed  and  the  number  of  owners  of  real  property  in  such  terri- 
tory and  the  assessed  valuation  thereof,  as  shown  by  said  last  equalized 
assessment-book,  and  stating  that  such  proposed  territory  is  not  within 
the  limits  of  any  other  lighting  district,  and  asking  that  such  territory 
be  annexed  to  said  lighting  district,  shall  be  presented  to  the  board  of 
supervisors  of  the  county  in  which  said  lighting  district  is  situated. 

At  their  first  regular  meeting  after  the  presentation  of  said  petition, 
said  board  of  supervisors  shall  cause  notice  of  said  petition  to  be  pub- 


Act  1466,  §  18b  GENERAL   LAWS.  798 

lished  in  a  newspaper  published  and  circulated  in  the  county  in  which 
said  lighting  district  is  situated,  if  there  be  such  a  newspaper,  other- 
wise by  posting  copies  of  said  notice  in  three  of  the  most  conspicuous 
places  in  said  territory  proposed  to  be  annexed,  for  three  weeks  prior 
to  the  date  to  be  fixed  by  said  board  of  supervisors  for  hearing  said 
petition.  Upon  the  date  fixed  for  said  hearing,  or  to  which  it  may  be 
continued,  said  board  of  supervisors  shall  take  up  and  consider  said 
petition,  and  any  objections  thereto  which  may  be  filed  or  to  the  in- 
clusion of  any  property  in  said  district. 

Said  board  of  supervisors  shall  have  the  power,  by  order  entered  on 
its  minutes,  to  grant  said  petition  either  in  whole  or  in  part,  and  by 
order  entered  on  its  minutes  to  alter  the  boundaries  of  said  lighting 
district,  and  annex  thereto  all,  or  such  portion  of  said  contiguous  terri- 
tory, described  in  said  petition,  as  will  be  benefited  by  inclusion  in 
said  lighting  district.  No  territory  which  will  not  be  so  benefited,  or 
which  is  not  contiguous  to  said  lighting  district,  or  which  is  not  de- 
scribed in  said  petition  shall  be  included  in  said  district. 

Such  order  shall  be  conclusive  evidence  of  the  validity  of  all  prior 
proceedings  leading  to  the  annexation  or  recited  in  said  order,  and  from 
and  after  the  making  of  said  order,  such  territory  shall  become  and  be 
a  part  of  such  lighting  district  and  shall  be  taxed,  together  with  the 
remainder  of  said  district,  for  all  taxes  to  be  thereafter  levied  by  said 
board  of  supervisors,  for  the  maintenance  of  said  lighting  district. 
[New  section   added  June   1,   1917;   Stats.   1917.   p.   1522.1 

§  18b.  If  district  annexed  to  city.  If  part  of  district  annexed.  Upon 
the  annexation  of  all  or  of  any  portion  of  the  territory  embraced  in 
any  such  lighting  district  to  an  incorporated  city  or  city  and  county, 
all  funds  paid  into  the  county  treasury  to  the  credit  of  the  lighting 
fund  of  such  district,  if  the  whole  of  such  district  shall  be  annexed, 
shall  be  turned  over  by  the  board  of  supervisors  of  such  district  to 
the  treasurer  of  said  incorporated  city,  or  city  and  county,  and  admin- 
istered by  the  legislative  body  of  said  incorporated  city,  or  city  and 
county;  said  legislative  body  shall  have  all  of  the  powers  and  perform 
all  of  the  duties  granted  to  or  imposed  upon  the  board  of  supervisors 
of  the  county  in  which  such  district  is  located  and  of  the  board  of 
supervisors  of  said  district,  and  shall  carry  out  the  provisions  of  this 
act  as  to  such  district  to  the  same  purpose  and  extent  as  if  originally 
constituted,  under  the  provisions  of  this  act,  the  governing  body  thereof. 
Upon  the  expenditure  of  the  funds  and  the  discharge  of  the  obligations 
and  liabilities  of  any  sucli  lighting  district,  tlie  whole  of  which  has 
been  annexed  to  an  incorporated  city,  or  city  and  county,  such  district 
shall  ipso  facto  be  dissolved  with  the  same  force  and  effect  as  if  dis- 
solved under  the  provisions  of  section  eighteen  of  this  act.  In  the  event 
of  the  anuexation  of  a  portion  of  the  territory  embraced  in  any  such 
lighting  district  to  an  incorporated  city,  or  city  and  county,  such  pro- 
portionate part  of  the  funds  collected  for  the  benefit  of  such  district 
and  remaining  unexpended  as  the  area  of  the  territory  so  annexed  bears 
to  the  tot;il  area  of  said  district,  shall  be  paid  over  to  the  treasurer  of 
such   i;icorporated   city,   or  city   and   county,   in   the   manner  hereinabove 


799  HISTORIC  PROPERTY.      Acts  1467a-1468d,  §  4 

provided,  aud  administered  by  the  legislative  body  of  such  city,  or 
city  and  county,  until  the  same  are  exjieuded,  for  the  benefit  of  the 
portion  of  such  district  so  annexed.  Upon  the  expenditure  of  such  funds 
in  the  manner  required  in  this  act  the  territory  of  such  district  so  an- 
nexed shall  be  deemed  to  be  withdrawn  from  said  lighting  district  and 
thereafter  the  remaining  territory  embraced  in  said  district  and  not  so 
annexed  shall,  upon  a  resolution  adopted  by  the  board  of  supervisors 
of  the  county  in  which  such  territory  is  located,  be  and  become  a  light- 
ing district  within  the  meaning  of  this  act  a-^nd  so  remain  until  dis- 
solved as  provided  in  this  act.  [New  section  added  June  1,  1917;  Stats. 
1917,  p.  1523.} 

A.CT   1467a. 

A.n  act  expressing  assent  of  the  state  of  California  to  the  provisions 
of  the  act  of  congress  approved  July  11,  1916,  entitled  "An  act  to 
provide  that  the  United  States  shall  aid  the  states  in  the  construc- 
tion of  rural  post  roads,  and  for  other  purposes." 

[Approved  March  21,  1917.     Stats.  1917,  p;  20.     In  effect  July  27,  1917.] 

§  1.  Assent  to  act  of  congress  approved  July  11,  1916.  The  state  of 
California  hereby  assents  to  the  provisions  of  the  act  of  congress  ap- 
proved July  11,  1916,  entitled  "An  act  to  provide  that  the  United  States 
shall  aid  the  states  in  the  construction  of  rural  post  roads,  and  for  other 

purposes." 

TITLE  230. 

HISTORIC  PROPERTY. 

ACT  1468d. 

An  act  to  create  a  commission  for  the  purpose  of  making  a  survey  of 
local  historical  material  in  the  state  of  California;  defining  the 
power  and  duties  of  said  commission;  and  making  an  appropriation 
therefor.  ' 

[Approved  June   12,   1915.     Stats.   1915,  p.   1528.] 

Amended  1917;  Stats.  1917,  p.  572. 

The  amendment  of  1915  follows: 

§  4.     Purpose   of   commission.     Models   of   mission   buildings.     Notice. 

The  purpose  of  this  commission  shall  be  to  make  a  survey  of  the  ma- 
terial on  local  history  within  the  state  of  California  by  investigating 
documents  in  local  depositories  and  in  the  possession  of  private  individ- 
uals and  other  sources  of  original  information  on  the  early  history  of 
the  state  of  California  and  to  compile,  keep  and  publish  a  record  of  such 
sources  of  information;  and  to  investigate  and  acquire  information  as 
to  the  physical  characteristics  of  the  several  missions  which  were  main- 
tained in  the  state  of  California  under  the  charge  of  the  Franciscan 
fathers  prior  to  the  time  of  the  secularization  thereof,  and  to  cause  to 
be  made  a  record  thereof,  and  to  be  created  models  of  the  several 
mission  buildings  and  outbuildijigs  connected  therewith,  which  shall  be 
accurate  representations  of  the   mission  buildings  and  outbuildings  con- 


Acts  1530, 1530a,  §  1         general  laws.  800 

nected  with  the  same  as  they  were  at  the  time  when  the  Franciscan 
fathers  were  in  charge,  and  the  same  shall  be  known  respectively  as 
the  California  model  of  each  particular  mission  in  question,  and  the 
said  commission  shall  cause  to  be  prepared  plans  and  specifications  suffi- 
cient in  detail  to  enable  any  of  said  buildings  and  outbuildings  to  be 
restored,  and  the  commission  shall  have  authority  to  pass  upon  and 
determine  the  relative  accuracy  of  information  to  be  obtained  and  to 
establish  for  the  state  the  models  and  plans  and  specifications  thereof; 
provided,  however,  that  no  model  shall  thus  be  established  as  the  cor- 
rect model  of  any  mission  unless  the  said  commission  shall  first  have 
published  for  a  period  of  at  least  sixty  days  a  notice  to  the  public  fixing 
a  time  and  place  at  which  any  person  interested  in  the  said  respective 
mission,  or  having  information  as  to  the  condition  of  said  mission  build- 
ings, or  any  part  thereof,  may  present  to  the  commission  facts,  papers, 
documents,  records  or  other  information  substantiating  the  said  person's 
ideas  as  to  the  condition  of  said  mission  buildings  at  the  time  in  ques- 
tion, which  notice  must  be  published  in  one  newspaper  in  the  city  of 
San  Francisco,  one  newspaper  in  the  city  of  Sacramento,  one  newspaper 
in  the  city  of  Los  Angeles,  and  one  newspaper  in  the  county  in  which 
said  mission  building  was  situated. 

TITLE  241. 
HOTELS. 
ACT  1530. 

An  act  to  regulate  the  building  and  occupancy  of  hotels  and  lodging- 
houses  in  incorporated  towns,  incorporated  cities,  and  cities  and 
counties,  and  to  provide  penalties  for  the  violation  thereof.  [Ap- 
],rovcd   -Tune    1(5,    1913.     Stats.   1913,   p.    1429.] 

Repealed   1917;   Stats.   1917,   p.   1422.     See  next   Act. 

ACT  1530a. 

An  act  to  regulate  the  erection,  construction,  reconstruction,  moving, 
alteration,  maintenance,  use  and  occupancy  of  hotels,  and  the  main- 
tenance, use  and  occupancy  of  the  premises  and  land  on  which  hotels 
are  erected  or  located,  in  all  parts  of  the  state  of  California,  includ- 
ing incorporated  towns,  incorporated  cities,  and  incorporated  cities 
and  counties,  and  to  jirovide  penalties  for  the  violation  thereof;  and 
repealing  an  ad  act  entitled  "An  act  to  regulate  the  building  and 
occufiancy  of  hotels  and  lodging-houses  in  incorporated  towns,  in- 
corporated cities,  and  cities  and  counties,  and  to  provide  penalties 
for  the  violation  thereof,"  aiiindvcd  .Innc  IC,  1913,  Statutes  of  (!ali- 
fornia  of  1913,  page  1429. 

[Approved    May    31,    1917.     Stals.     1917.    j..     1122.      In    cllVct    SephMnbor 

1,    19  17.  I 

§1.  Title.  This  act  slrill  lie  kiMiwii  as  the  '■state  IidIcI  and  lodging- 
house  act,"  and  its  pr(i\  isuins  sliall  appiv  In  all  parts  of  the  state  of 
California,  iriclinrniL,'  iii<(irp(iiatc(|  towns,  incor[H)iate(l  cities,  and  incor- 
porated  cities   and    counties. 


801  HOTELS.  Act  1530a,  §  2 

§  2.  Duty  of  building  depattment.  Duty  of  housing  department.  In 
case  no  such  departments.  Enforcement.  Power  of  commission  of  im- 
migration and  housing,  it  shall  be  the  duty  uf  the  "building  depart- 
ment" of  every  incorporated  town,  incorporated  city,  and  incorporated 
city  and  county,  to  enforce  all  the  provisions  of  this  act  pertaining  to 
the  erection,  construction,  reconstruction,  moving,  conversion,  alteration 
and  arrangement  of  hotels  and  to  issue  the  certificate  of  "final  com- 
pletion" hereinafter  provided. 

It  shall  be  the  duty  of  the  "housing  department"  and  if  there  is  no 
housing  department  the  health  department  of  every  incorporated  town, 
incorporated  city,  and  incorporated  city  and  county  to  enforce  all  of 
the  provisions  of  this  act  pertaining  to  the  maintenance,  sanitation,  ven- 
tilation, use  and  occupancy  of  hotels  after  said  hotels  have  been  erected, 
constructed  or  altered,  as  the  case  may  be,  and  the  certificate  of  "final 
completion"  has  been  issued  by  the  building  departmeiit  and  to  issue 
the  "permit  of  occupancy"  as  hereinafter  provided. 

In  the  event  that  there  is  no  building  department  or  no  housing  de- 
partment or  health  department  in  an  incorporated  town,  incorporated 
city  or  incorporated  city  and  county,  it  shall  be  the  duty  of  the  ofiicer 
or  oihcers  who  are  charged  with  the  enforcement  of  ordinances  and  laws 
regulating  the  erection,  construction  or  alteration  of  buildings,  or  the 
maintenance,  sanitation,  ventilation  or  occupancy  of  buildings,  or  of  the 
police,  fire  or  health  regulations  in  said  incorporated  town,  incorporated 
city  or  incorporated  city  and  county  to  enforce  all  of  the  provisions  of 
this  act. 

In  every  county  it  shall  be  the  duty  of  the  officer  or  officers  who  are 
charged  with  the  enforcement  of  ordinances  or  laws  regulating  the  erec- 
tion, construction  or  alteration  of  buildings,  or  of  the  maintenance, 
sanitation,  occupancy  and  ventilation  of  buildings,  or  of  the  police,  fire 
or  health  regulations  in  said  county,  to  enforce  all  of  the  provisions  of 
this  act  outside  of  the  limits  of  any  incor]:)orated  town  or  incorporated 
city. 

EVery  incorporated  town,  incorporated  city,  or  incorporated  city  and 
county  in  the  state  of  California  shall  have  authority,  and  it  is  hereby 
empowered  and  given  autiiority,  to  designate  and  charge  by  ordinance 
any  other  department  or  officer  than  the  department  or  officers  mentioned 
herein,  with  the  enforcement  of  this  act,  or  any  portion  thereof. 

The  commission  of  immigration  and  housing  of  California  shall  have, 
and  it  is  hereby  empowered  and  given  authority  to  enforce  the  provisions 
of  this  act,  which  do  not  pertain  to  the  actual  erection,  construction, 
reconstruction,  moving,  conversion,  alteration  and  arrangement  of  hotels 
in  all  parts  of  the  state  of  California,  including  all  incorporated  towns, 
incorporated  cities,  incorporated  cities  and  counties,  in  the  state  of  Cali- 
fornia, whenever  said  commission  finds  or  discovers  a  violation  or  viola- 
tions of  the  provisions  of  this  act  and  notifies  the  local  department  or 
officer,  or  departments  or  officers  who  are  charged  with  the  enforcement 
of  the  provisions  of  this  act,  in  writing,  of  such  violation  or  violations, 
and  the  said  local  department  or  officer,  or  departments  or  officers,  fail, 
neglect  or  refuse  to  enforce  tlie  provisions  of  the  said  acf  within  thirty 
days  thereafter;  provided,  however,  that  the  said  commission  of  im- 
51 


Act  1530a,  §§  3-6  general  laws.  802 

migration  and  housing  of  California  shall  enforce  the  provisions  of  this 
aet  only  in  the  instances  specified  in  said  written  notice. 

§  3.  Unlawful  to  construct  hotel  contrary  to  act.  It  shall  be  unlaw- 
ful for  any  person,  firm  or  corporation,  whether  as  owner,  agent,  con- 
tractor, builder,  architect,  engineer,  superintendent,  foreman,  plumber, 
tenant,  lessee,  lessor,  occupant,  or  in  any  other  capacity  whatsoever,  to 
erect,  construct,  reconstruct,  alter,  build  upon,  move,  convert,  use,  occupy 
or  maintain,  or  to  cause,  permit  or  suffer  to  be  erected,  constructed,  re- 
constructed, altered,  built  upon,  moved,  converted,  used,  occupied  oi 
maintained  any  hotel  or  any  portion  thereof  contrary  to  the  provisions  of 
this  act,  or  to  commit  or  maintain  or  cause  or  permit  to  be  committed 
or  maintained  any  nuisance  in  or  upon  any  hotel  or  any  portion  thereof, 
or  any  of  the  premises,  yards  or  courts  which  are  a  part  thereof,  or 
which  are  required  by  the  provisions  of  this  act;  or  to  do  or  cause  to 
be  done,  or  to  use  or  cause  to  be  used,  any  privy,  sewer,  cesspool,  plumb- 
ing or  house  drainage  affecting  the  sanitary  condition  of  any  hotel  or 
any  portion  thereof,  or  of  the  premises  thereof,  contrary  to  any  of  the 
provisions  of  this  aet. 

§  4.  Alterations.  It  shall  be  unlawful  for  any  person  to  make  any 
alterations  or  changes  or  reconstruction  work  of  any  kind  whatsoever, 
to  any  hotel  erected  prior  to  the  passage  of  this  act,  or  to  any  hotel 
hereafter  erected,  or  to  increase  the  height,  in  any  manner  which  would 
be  inconsistent  with  any  of  the  provisions  of  this  act,  or  in  violation  of 
the  said  provisions  of  this  act;  or  in  any  manner  to  diminish  the  size 
of  the  yards,  courts  or  shafts  or  the  size  of  windows  or  skylights,  or  to 
remove  any  stairway  or  fire-escape,  or  to  obstruct  the  egress  from  such 
building  or  from  the  hallways  or  stairways,  or  to  do  anything  that 
would  affect  the  ventilation  and  sanitation  of  the  building,  contrary 
to   any  of  the  provisions  of  this  act. 

§  5.  Building  converted,  to  use  as  hotel.  Building  moved.  Building 
reconstructed.  A  building  not  erected  for,  or  which  is  not  used  as  a 
hotel  at  the  time  of  the  passage  of  this  act,  if  hereafter  converted  to 
or  altered  for  such  use,  shall  thereupon  become  subject  to  all  of  the 
provisions  of  this  act  affecting  hotels  hereafter  erected. 

A  building  used  as  a  hotel  at  the  time  of  the  passage  of  this  act,  if 
moved,  shall  be  made  to  conform  to  all  of  the  provisions  of  this  act 
affecting  hotels  hereafter  erected,  in  so  far  as  they  pertain  to  the  per- 
i-entage  of  lot  occupied  and  the  size  of  outer  courts,  inner  courts  bounded 
by  a  lot  line,  and  yards. 

It  shall  be  unlawful  to  reconstruct  any  hotel  which  is  hereafter  dam- 
aged by  fire  or  the  elements  to  an  extent  in  excess  of  fifty-one  per  cent 
of  its  physical  proportions,  unless  the  said  building  is  made  to  conform 
to  all  the  provisions  of  this  act  affecting  hotels  hereafter  erected. 

§  G.  Penalty  for  violation.  Any  jicrson,  firm  or  corporation  violat- 
ing any  of  lin!  j)ioviHions  of  lliis  act  shall  be  deeined  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof  shall  be  punishable  by  a  fine 
not  exceeding  five  liundred  dollars,  or  by  imjirisonment  in  a  county  jail 
not  exceeding  six  months,  or  l)y  both  sudi  fine  ami  imprisonment,  and  in 


803  HOTELS.  Act  1530a,  §  7 

addition  to  tiie  penalty  tlierofor,  shall  be  liable  for  all  costs,  expense 
and  disbursements  paid  or  incurred  by  the  department,  by  any  of  the 
officers  thereof,  or  by  any  agent,  employee  or  contractor  of  same,  in  the 
jirosecution  of  such  violation.  The  costs,  expense  and  disbursements  by 
this  section  provided  shall  be  fixed  by  the  court  having  jurisdiction  of 
the  matter. 

Procedure.  Except  as  herein  otherwise  specified,  the  procedure  for  the 
(ircvciition  of  violations  of  this  act,  for  the  vacation  of  hotels  or  premises 
unlawfully  occupied,  or  for  the  abatement  of  a  nuisance  in  connection 
with  a  hotel,  or  the  premises  thereof,  shall  be  as  set  forth  in  the  charter 
and  ordinances  of  the  municipality  in  which  the  procedure  is  instituted. 

§7.  Permit  to  erect  hotel.  Application  for  permit.  Affidavit.  Per- 
mit issued.  Revocation.  Plans  kept  on  premises.  Permit  for  nominal 
alterations.  Expiration  of  permit.  In  every  incorporated  town,  incor- 
porated city,  and  incorporated  city  and  county,  it  shall  be  unlawful  to 
commence  or  to  proceed  with  the  erection,  construction,  reconstruction, 
conversion  or  alteration  of  a  hotel,  or  to  move  or  to  build  upon  a  hotel, 
or  to  convert  a  building  or  any  portion  thereof  into  use  as  a  hotel  with- 
out first  obtaining  a  permit  in  writing  so  to  do  from  the  department 
charged  with  the  enforcement  of  this  act;  Any  person,  firm  or  corpora- 
tion desiring  such  a  permit  shall  file  an  application  therefor  with  the 
department  charged  with  the  enforcement  of  this  act.  Said  application 
shall  give  a  detailed  statement  in  writing,  verified  under  oath  by  the 
person  making  the  same,  of  the  erection,  construction,  reconstruction, 
moving,  conversion,  or  alteration,  as  the  case  may  be,  upon  blanks  or 
forms  to  be  furnished  by  the  said  department.  The  said  application 
must  be  accompanied  with  a  full,  true  an'd  complete  set  of  the  plans 
of  the  hotel,  or  alteration,  or  work  proposed,  as  the  case  may  be,  to- 
gether with  a  set  of  specifications  describing  the  materials  proposed  to 
enter  into  the  construction  of  the  proposed  work,  also  a  plan  of  the  lot 
on  which  such  building  is  proposed  to  be  erected,  constructed,  recon- 
structed, converted,  altered  or  moved,  as  the  case  may  be.  Such  state- 
ment shall  give  in  full  the  name  and  address  by  street  and  number  of 
the  owner  or  owners,  also  the  name  and  address  of  the  architect  and  of 
the  contractor,  if  there  be  svtch  an  architect  or  contractor;  also  shall 
give  such  other  data  and  information  as  in  the  judgment  of  the  depart- 
ment charged  with  the  enforcement  of  this  act  is  deemed  necessary. 

The  affidavit  to  said  application  shall  allege  that  the  plans  and  speci- 
fications are  true  and  contain  a  correct  description  of  the  proposed  hotel, 
lot  and  proposed  work.  If  any  person  other  than  the  owner  makes  such 
affidavit,  such  person  shall  not  be  recognized  except  that  he  allege  in 
his  affidavit  that  he  is  authorized  and  empowered  by  the  said  owner  to 
act  for  him  and  to  sign  the  required  affidavit.  Said  department  charged 
with  the  enforcement  of  this  act  shall  cause  all  such  plans,  specifications 
and  statements  to  be  examined,  and  if  it  appears  that  they  conform  to 
the  provisions  of  this  act,  shall  then  issue  a  permit  to  the  person  sub- 
mitting the  same.  Said  department  may,  from  time  to  time,  approve 
changes  in  any  plans,  specifications  or  statements  previously  approved 
by  it;  provided,  that  all  changes  when  so  made  shall  be  in  conformity 
with  the  provisions  of  this  act.     Said  department  shall  have  the  power  to 


Act  1530a,  §  8  general  laws.  804 

revoke  or  cancel  any  permit  or  approval  that  it  has  [)reviously  issued 
in  case  of  any  refusal,  failure  or  neglect  of  the  person  to  whom  such 
permit  or  approval  has  been  issued  to  comply  with  any  of  the  provisions 
of  this  act,  or  in  case  any  false  statement  or  misrepresentation  is  made 
in  any  of  the  said  plans,  specifications  or  statements  submitted  or  filed 
for  such  permit  or  approval.  The  erection,  construction,  reconstruction, 
moving,  alteration  or  conversion  of  any  such  hotel,  as  the  case  may  be, 
shall  be  made  in  accordance  with  the  plans,  specifications  and  statements 
submitted  or  filed,  and  for  which  the  permit  is  issued. 

A  true  copy  of  the  plans,  specifications  and  other  information  sub- 
mitted or  filed,  upon  which  a  permit  is  issued,  with  the  approval  of  the 
department  with  which  they  are  filed,  stamped  or  written  thereon,  shall 
be  kept  upon  the  premises  of  the  hotel  or  work  for  which  the  said  permit 
is  issued,  from  the  commencement  of  the  said  building  or  work  to  the 
final  completion  of  same,  and  shall  be  subject  to  inspection  at  all  times 
by  proper  authorities. 

The  department  charged  with  the  enforcement  of  this  act  may,  at  its 
discretion,  issue  a  permit  in  case  of  nominal  alterations  or  repairs,  when 
application  is  made  therefore,  in  writing,  by  the  owner  or  his  agent,  when 
the  making  of  said  nominal  alterations  and  repairs  do  not  aifect  any 
structural  feature  or  the  sanitation  or  the  ventilation  of  the  hotel,  with- 
out requiring  the  filing  of  plans  or  specifications. 

The  issuance  or  granting  of  a  permit  or  approval  by  the  department 
charged  with  the  enforcement  of  this  act  under  the  authority  of  this 
section  shall  not  be  deemed  or  construed  to  be  a  permit  or  an  approval 
of  the  violation  of  any  of  the  provisions  of  this  act. 

Every  permit  or  approval  which  is  issued  by  the  department  charged 
with  the  enforcement  of  tins  act,  but  under  which  no  work  has  been 
done  within  ninety  days  from  the  date  of  issuance,  or  where  work  has 
been  suspended  for  a  period  of  ninety  days,  shall  expire  by  limitation 
and  a  new  permit  shall  be  obtained  before  the  work  may  be  done. 

§  8.  "Certificate  of  final  completion"  and  "permit  of  occupancy."  Re- 
newal of  permit  of  occupancy.  Certificate  issued.  Pennit  issued.  Hotel 
occupied  without  certificate  or  permit  deemed  nuisance.  In  every  incor- 
porated town,  incorporated  city,  and  incorporated  city  and  county,  it 
shall  be  unlawful  to  occupy  or  to  permit  to  be  occupied,  any  hotel  here- 
after erected,  constructed,  reconstructed,  altered,  converted  or  moved, 
as  the  case  may  be,  or  any  portion  thereof,  for  human  habitation  until 
the  issuance  of  a  "certificate  of  final  completion"  and  a  "permit  of  oc- 
cupancy" by  the  department  or  departments  charged  with  the  enforce- 
ment of  this  act. 

It  shall  also  be  unlawlul  lu  occupy  any  existing  iiotol  until  a  permit 
of  occupancy  has  been  issued  by  the  department  designated  to  issue  such 
permit. 

Every  permit  of  occupancy  shall  be  renewed  each  calendar  year  by 
the  department  designated  to  issue  the  said  permit;  provided,  that  no 
structural  alteration,  or  changes  have  occurred  since  the  issuance  of  the 
certificate  of  final  completion;  and  provided,  that  all  other  provisions  of 
this  act  have  been  complied  with. 

Any  person  desiring  a  certificate  shall  file  a  notice  with  the  depart- 
ment charged  with  the  enforcement  of  this  act.     Said  department  shall 


805  HOTELS.       Act  1530a,  §§  9, 10 

cause  an  iuspection  to  be  made  of  the  said  hotel  or  portion  thereof,  or 
work  described  in  the  said  notice,  within  ten  days  after  written  appli- 
cation therefor,  and  shall  issue  a  "certificate  of  final  completion"  if  it 
is  found  that  all  the  provisions  of  this  act,  regulating  the  erection,  con-, 
struction,  alteration  or  moving,  as  the  case  may  be,  have  been  complied 
with. 

The  department  charged  with  the  enforcement  of  this  act  and  desig- 
nated to  issue  the  permit  of  occupancy,  shall  issue  the  said  "permit  of 
occupancy"  upon  application,  in  writing,  therefor  by  the  owner  or  his 
agent,  and  upon  the  filing  by  the  owner  or  his  agent  of  such  statements 
or  records  required  by  the  department,  after  the  "certificate  of  final 
completion"  has  been  issued;  provided,  that  no  violations  have  occurred 
since  the  issuance  of  the  certificate  of  final  completion,  or,  in  the  ease 
of  a  hotel  erected  prior  to  the  passage  of  this  act,  and  for  which  no 
certificate  of  final  completion  has  been  issued,  then  after  the  said  de- 
partment has  caused  an  inspection  to  have  been  made  of  the  said  hotel 
and  has  found  that  all  of  the  provisions  of  this  act  applying  to  such 
hotel  have  been  complied  with. 

All  permits  and  certificates  shall  be  made  in  duplicate  and  a  copy 
shall  remain  on  file  in  the  department  issuing  them. 

Any  hotel  hereafter  erected,  altered,  converted  or  moved,  which  is 
occupied,  or  any  portion  thereof  which  is  occupied  for  human  habitation, 
prior  to  a  "certificate  of  final  completion"  or  a  "permit  of  occupancy" 
being  issued,  shall  be  deemed  a  nuisance  and  the  department  or  depart- 
ments charged  with  the  enforcement  of  this  act  may  cause  it  to  be 
vacated,  until  the  said  certificate  of  completion  and  permit  of  occupancy 
have  been   obtained  in   accordance   with   the   provisions  of   this   act. 

§  9.  Power  to  enter  hotel.  The  department  or  departments  charged 
with  the  enforcement  of  this  act  in  any  incorporated  town,  incorporated 
city,  and  incorporated  city  and  county,  or  county,  and  the  authorized 
officers,  agents  or  employees  of  such  department  or  departments,  may, 
whenever  necessary,  enter  hotels  or  portions  thereof,  or  the  premises 
thereof,  within  the  corporate  limits  of  such  towns,  cities,  cities  and 
counties,  or  counties,  for  the  purpose  of  inspecting  such  buildings,  in 
order  to  secure  compliance  with  the  provisions  of  this  act  and  to  pre- 
vent violations  thoreof. 

The  members  of  the  commission  of  immigration  and  housing  of  Cali- 
fornia and  the  agents,  officers  or  employees  of  said  commission  may, 
whenever  necessary,  enter  hotels  or  portions  thereof,  or  the  premises 
thereof,  for  the  purpose  of  inspecting  such  buildings  in  order  to  secure 
compliance  with  the  provisions  of  this  act  and  to  prevent  violations 
thereof. 

The  owner  or  his  authorized  agent  may,  whenever  necessary  enter 
hotels  or  portions  thereof,  or  the  premises  thereof,  owned  by  him  to 
carry  out  any  instructions  or  to  perform  any  work  required  to  be  done 
by  the  provisions  of  this  act. 

§  10.  Definitions.  For  the  purpose  of  this  act,  certain  words  and 
phrases  are  defined  as  follows,  unless  it  shall  be  apparent  from  their 
context  that  they  have  a  different  meaning: 

Words  used  in  the  singular  include  the  plural,  and  the  plural,  the 
singular. 


Act  1530a,  §  10  general  laws.  806 

Words  used  in  the  present  tense  include  tlie  future. 

"Words  used  in  the  masculine  gender  include  the  feminine,  and  the 
feminine,   the   masculine. 

,  Words  "building  departments,"  "health  department,"  "housing  depart- 
ment," "department  charged  with  the  enforcement  of  this  act,"  "fire 
commissioner,"  shall  be  construed  as  if  followed  by  the  words,  "of  the 
incorporated  town,  incorporated  city,  incorporated  city  and  county,  or 
county,"  as  the  case  may  be,  in  which  the  hotel  is  situated. 

"Approved"  means  whatever  material,  appliance,  appurtenance,  or 
other  matter  meets  the  requirements  and  approval  of  the  department 
charged  with  the  enforcement  of  this  act,  or  which  is  approved  by 
local  ordinance  of  the  municipality  in  which  the  building  is  situated, 
or  any  appliance,  appurtenance,  or  other  matter  which  conforms  to  the 
requirements  of,  and  bears  the  approval  of  the  "national  board  of 
fire  underwriters";  provided,  however,  that  no  such  material,  appliance, 
appurtenance  or  other  matter  shall  be  deemed  "approved"  for  use  where, 
or  in  such  a  manner  as  would  be  inconsistent  with  the  intent,  or  spe- 
cific provisions  of  this  act. 

"Basement"  is  any  story  or  portion  thereof  partly  below  the  level 
of  the  curb  or  the  actual  adjoining  ground  level,  the  ceiling  of  which 
in  no  part  is  less  than  seven  feet  above  the  curb  level  or  actual  adjoin- 
ing ground  levels.  If  the  adjoining  ground  is  excavated  to  or  below 
the  curb  level,  or  to  or  below  the  adjoining  natural  ground  level,  such 
excavated  space  shall  have  not  less  than  the  minimum  width  and  length 
required  in  this  act  for  outer  courts.     Every  basement  is  a  story. 

"Building"  is  a  hotel. 

"Building  department"  means  the  commissioner  of  buildings,  super- 
intendent of  buildings,  chief  inspector  of  buildings,  or  any  officer  or 
department  charged  with  the  enforcement  of  ordinances  and  laws  regu- 
lating the  construction  and  alteration  of  buildings  or  structures. 

"Cellar"  is  any  story  or  portion  thereof,  the  ceiling  of  which  in  any 
part  is  less  than  seven  feet  above  the  curb  level  and  actual  adjoining 
ground  levels. 

"Court"  is  an  open,  unoccupied  space  other  than  a  yard  on  the  lot 
on  which  is  situated  a  hotel.  A  court,  one  entire  side  or  end  of  which 
is  bounded  by  a  front  yard,  a  rear  yard  or  a  side  yard,  or  by  the  front 
of  lot,  or  by  a  street  or  a  public  alley,  is  an  "outer  court."  Every  court 
which  is  not  an  "outer  court"  is  an  "inner  court." 

Every  court  shall  be  open  and  unobstructed  to  the  sky  from  a  point 
not  more  than  two  feet  above  the  floor  line  of  the  lowest  story  in  the 
building  in  which  there  are  windows  from  rooms  abutting  the  said  court, 
except  that  a  cornice  on  the  building  may  extend  into  an  "outer  court" 
two  inches  for  each  one  foot  in  width  of  such  court,  and  a  cornice  may 
extend  into  an  . "inner  ('(11111"  one  iudi  for  each  one  foot  in  width  o^' 
such  court. 

"Curb  Icvcd"  is  tlie  curb  level  opposite  the  center  of  the  "front  of  lot." 

Wlierevijr  the  word  "dej)art  nient"  is  used  it  means  the  building  de- 
jiartment,  tlie  housing  de|):irtnient,  1l:e  liealtli  dej)artmcnt  or  such  other 
(l(!partment  or  officer,  or  departnu'iits  or  officers,  who  arc  charged  with 
the  enforcement  of  the  provisions  of  this  act. 

"Dormitory"  is  a  room  in  which  more  than  two  persons  are  "guests" 
and   are   not   living   together,   and   shall,   for   the   purpose   of   computing 


807  HOTELS.  Act  1530a,  §  10 

the   luiniber   of   rooms,   be   deemed   a   separate   guest  room   for  ,each   one 
hundred  square  feet  of  superficial  floor  area  therein. 

"Fireproof  hotel"  is  a  building  wherein  all  the  exterior  and'  interior 
loads  or  strains  are  transmitted  to  the  foundation  by  means  of  concrete, 
reinforced  concrete,  brick,  stone  or  by  means  of  a  skeleton  framework 
of  steel  or  iron;  the  exterior  walls,  inner  court  walls  and  roof  constructed 
of  concrete,  reinforced  concrete,  brick,  stone  or  hollow  terra  cotta  tile; 
where  all  the  structural  steel  or  iron  is  thoroughly  fireproofed  by  con- 
crete, cement  plaster,  tile,  brick  or  sandstone,  not  less  than  two  inches 
thick;  where  all  the  interior  partitions  are  constructed  of  either  hol- 
low terra  cotta  tile  blocks,  gypsum  blocks,  brick,  concrete,  reinforced 
concrete,  or  of  metal  studs  lathed  with  metal  lath  and  plastered 
not  less  than  three-quarters  inch  thiclc  including  the  lath,  or  of  metal 
studs  lathed  with  approved  plaster  board  and  plastered  not  less  than 
three-quarters  inch  thick  including  the  plaster  board,  or  constructed 
of  wire  glass  not  less  than  one-fourth  inch  thick,  set  in  metal  frames 
and  sash,  and  all  other  materials  used  in  the  said  building  are 
of  approved  incombustible  material  except  that  the  glass  in  windows, 
transoms,  or  doors  may  be  of  plain  glass,  and  except  that  doors,  frames, 
sash  and  the  usuall  trim  of  rooms,  hallways,  corridors,  and  passage-ways 
may  be  of  wood,  and  except  that  wood  floors  may  be  placed  on  top  of 
the  floors  constructed  of  incombustible  materials,  except  in  the  public 
hallways. 

"Guest"  is  any  person  hiring  and  occupying  a  room  for  sleeping  pur- 
poses, and  shall  include  both  boarders  and  lodgers.  ' 

"Guest  room"  is  a  room  which  is  occupied,  or  is  intended,  arranged  or 
designed  to  be  occupied  for  sleeping  purposes  by  one  or  more  guests,  but 
shall  not  be  deemed  to  include  dormitories  used  for  sleeping  purposes. 

"Hotel"  is  any  house  or  building,  or  portion  thereof,  containing  six  or 
more  guest  rooms  which  are  let  or  hired  out  to  be  occupied,  or  which 
are  occupied  by  six  or  more  guests,  whether  the  compensation  for  hire 
be  paid  directly  or  indirectly  in  money,  goods,  wares,  merchandise,  labor 
or  otherwise,  and  shall  include  Turkish  baths,  bachelor  hotels,  studio 
hotels,  public  and  private  clubs  and  any  building  of  any  nature  whatsoever 
so  designed  or  occupied,  except  hospitals  where  persons  temporarily  reside 
and  where  each  such  person  receives  regular  bona  fide  medical  attend- 
ance on  the  premises,  and  jails,  detention  buildings  and  similar  build- 
ings where  human  beings  are  housed  and  detained  under  restraint. 

"Housing  department"  is  any  department  or  commission  charged  with 
the  enforcement  of  ordinances  or  laws  regulating  the  occupancy  and 
maintenance  of  hotel,  lodging-house  or  dwelling-house  buildings;  and 
where  no  such  department  is  maintained,  shall  be  deemed  to  be  the 
health  commissioner,  the  department  of  health,  health  officer,  or  similar 
department  charged  with  the  enforcement  of  laws  and  ordinances  relat- 
ing to  the  protection  of  the  pviblic  health. 

"Lot"  is  a  parcel  or  area  of  land  on  which  is  situated  a  hotel,  together 
with  the  land,  yards,  courts  and  unoccupied  spaces  for  such  a  hotel  as 
required  by  this  act;  all  of  which  land  shall  be  owned  by  or  be  under 
the  absolute  lawful  control  and  in  the  lawful  possession  of  the  hotel. 

A  lot  situated  at  the  junction  of  two  or  more  intersecting  streets,  with 
a  boundary  line  thereof  bordering  on  each  of  the  two  streets,  is  a  "cor- 
ner lot."     All  parts  of  the  width  of  such  corner  lot  which   are   distant 


Act  1530a,  §  10  general,  laws.  808 

more  than  seventy-five  feet  from  the  junction  point  of  the  two  or  more 
intersecting  streets,  shall  be  deemed  to  be  an  "interior  lot."  The  owner 
or  his  authorized  agent  may  designate  either  street  frontage  as  being 
the  front  of  such  corner  lot  for  the  purpose  of  determining  the  width 
thereof. 

A  lot  which  has  only  one  boundary  line  bordering  on  a  public  street 
is  an  "interior  lot." 

"Rear  lot"  is  a  parcel  or  area  of  laud  having  no  boundary  line  bor- 
dering on  a  street,  or  having  less  than  one-half  of  its  width  as  a  bound- 
ary line  bordering  on  a  street. 

"Fi-ont  of  lot"  is  the  boundary  line  of  lot  bordering  on  the  street. 
In  case  of  a  corner  lot,  either  of  the  boundary  lines  may  be  the  "front 
of  lot." 

"Rear  of  lot"  is  the  boundary  line  thereof  opposite  the  "font  of  lot." 

"Depth  of  lot"  is  the  mean  distance  from  the  "front  of  lot"  to  the 
"rear  of  lot." 

"Nuisance"  embraces  public  nuisance  as  known  at  common  law  or  in 
equity  jurisprudence,  and  whatever  is  dangerous  to  human  life  or  detri- 
mental to  health;  and  shall  also  embrace  the  overcrowding  with  occu- 
pants of  any  room,  insufficient  ventilation,  or  illumination,  or  inadequate 
or  insanitary  sewerage  or  plumbing  facilities,  or  uncleanliness,  and  what- 
ever renders  air,  food  or  drink  unw^holesome  or  detrimental  to  the  health 
of  human  beings. 

"Person"  is  a  natural  person,  his  heirs,  executors,  administrators  or 
assigns;  also  includes  a  firm,  partnership,  or  corporation,  its  or  their 
successors  or  assigns. 

"Public  hallway"  is  a  hallway,  corridor,  passageway  or  vestibule  not 
within  a  suite,  and  includes  stairways,  landings  and  platforms. 

"Rear  hotel"  is  a  hotel  on  a  "rear  lot." 

"Semi-fireproof  hotel"  is  a  building  with  all  exterior  walls  and  walls 
of  inner  and  outer  courts  constructed  of  brick,  stone,  concrete,  rein- 
forced concrete  or  hollow  terra  cotta  tile,  except  that  the  walls  of  an 
inner  court,  which  court  is  surrounded  on  four  sides  by  the  same  build- 
ing, may  be  constructed  as  provided  in  this  act  for  such  inner  courts; 
interior  partitions  and  floors  constructed  of  approved  incombustible 
materials  or  of  wood,  with  all  ceilings,  partitions,  soffits  of  stairways, 
and  outside  stringers  of  open  stairways  and  stair-wells  metal  lathed  and 
plastered  not  less  than  three-quarters  inch  thick  including  the  lath,  or 
lathed  with  approved  plaster  board,  plastered  not  less  than  three-quar- 
ters inch  thick  including  the  plaster  board;  in  which  all  finislied  floors, 
frames,  doors  and  the  usual  trim  of  rooms  and  hallways  may  be  built 
of  wood,  and  the  roof  of  which  shall  be  covered  with  at  least  a  compo 
sition  fire-retardant  material. 

"Shall."     Whenever  this  word  is  used  it  shall  be  mandatory. 

"Street"  is  any  public  street,  alley,  thoroughfare  or  park  having  a 
minimum  width  of  sixteen  feet,  measured  from  the  "front  of  lot"  to 
the  opposite  "front  of  lot"  and  which  shall  have  been  dedicated  or 
d(^<'(ied  to  th(!  public  for  jiiiblic  use. 

"Turkish  Vjath"  is  a  dormitory  or  !i  conihiiiation  of  guest  rooms,  ac- 
commodating six  (fi)  or  more  guests,  in  connection  with  which  any  form 
of    }i;ith    or    massage    is   given    by    the    attendants   to    the    guests. 


809  HOTELS.  Act  ]530a,  §§11,  12 

"Wooden  hotel"  is  a  building  which  does  not  fully  comply  with  the 
requirements  for  a  fireproof  or  a  semi-fireproof  hotel  as  defined  in  this 
act,  and  shall  include  all  frame  and  all  veneered  buildings.  In  every 
such  building  all  ceilings  and  walls  and  partitions  of  public  hallways, 
soffits  of  interior  stairways  and  the  outside  stringers  of  open  stairways 
and  stair-wells  shall  be  metal  lathed  and  plastered  not  less  tlian  three- 
quarters  inch  thick  including  the  lath,  or  lathed  with  an  approved  plaster 
board  and  be  plastered  not  less  than  three-quarters  inch  thick  including 
the  plaster  board. 

"Yard"  is  an  open  unoccupied  space  other  than  a  court  on  the  Jot 
on  which  is  situated  a  hotel,  open  and  unobstructed  to  the  sky  from  a 
point  not  more  than  two  feet  above  the  floor  line  of  the  lowest  story 
in  the  building  in  which  there  are  windows  from  rooms  abutting  the 
said  yard;  except  that  outside  stairways,  platforms  and  balconies,  con- 
structed of  open  metal  work  and  fire-escapes  may  extend  not  more  than 
four  feet  into  a  yard,  providing  they  do  not  in  any  manner  obstruct  the 
light  or  ventilation  of  rooms.  If  such  yard  is  between  the  front  line  of 
the  building  and  the  front  boundary  line  of  the  lot,  it  is  a  "front  yard." 
If  it  is  between  the  extreme  rear  line  of  the  building  and  the  rear  of  the 
lot,  it  is  a  "rear  yard."  If  it  extends  from  the  rear  yard  to  the  front 
yard,  or  front  of  lot,  it  is  a  "side  yard." 

§  11.  Front  yard.  No  hotel  shall  hereafter  be  erected  on  or  moved 
onto  a  rear  lot.  No  building  for  any  purpose  shall  hereafter  be  erected 
in  front  of  any  hotel  unless  there  shall  be  left  unoccupied  a  front  yard 
extending  from  the  front  of  the  rear  hotel  to  the  front  line  of  lot  bor- 
dering  on   the   street. 

Such  front  yard  shall  not  be  in  any  part  less  in  width  than  fifty  (50) 
per  cent  of  the  actual  width  of  the  rear  hotel. 

§  12.  Height.  No  fireproof  hotel  hereafter  erected  shall  exceed  one 
hundred  fifty  feet  in  height,  nor  more  than  one  and  one-half  times  the 
width  of  the  widest  street  to  which  the  lot  on  which  it  is  situated  abuts 

No  semi-fireproof  hotel  building  hereafter  erected  shall  exceed  six 
stories  at  any  point,  nor  more  than  sixty-five  feet  in  height  (except  as 
hereinafter  provided),  nor  more  than  one  and  one-half  times  the  width 
of  the  widest  street  to  which  the  lot  on  which  it  is  situated  abuts. 

No  wooden  hotel  hereafter  erected  shall  exceed  three^^  stories  at  any 
point,  nor  more  than  thirty-six  feet  in  height  (except  as  hereinafter 
provided),  nor  more  than  one  and  one-half  times  the  width  of  the  widest 
street  to  which  the  lot  on  which  it  is  situated  abuts. 

The  width  of  the  street,  for  this  purpose,  shall  be  measured  from  the 
extreme  front  of  the  building  to  the  "front  of  lot"  opposite,  across  the 
street. 

For  the  purpose  of  this  section,  a  basement  is  a  story. 

The  height  of  a  fireproof  hotel  is  the  perpendicular  distance  from  the 
curb  level  or  adjoining  ground  levels  to  the  highest  point  of  the  roof. 
The  height  of  a  semi-fireproof  or  of  a  wooden  hotel  is  the  perpendicular 
distance  from  the  curb  level  or  adjoining  ground  levels  to  the  lowest 
point  of  the  finished  ceiling  of  the  top  story;  provided,  that  in  the  case 
of  a  semi-fireproof  hotel  situated  on  a  lot  with  the  ground  sloping  down- 
ward from  the  facade  at  which  the  measurement  is  taken  the  height  of 
the  building  shall  not  at  any  point  exceed  sixty-five  feet  above  the  curb 


Act  1530a,  §§  13-16  general  laws.  810 

level  measured  on  the  facade  facing  the  street,  nor  shall  the  height  of 
the  building  at  any  point  of  the  grade  exceed  seventy-five  above  the 
adjoining  curb  in  case  of  a  corner  lot,  or  above  the  level  of  the  ground 
in  the  case  of  an  interior  lot,  and  in  the  case  of  a  wooden  hotel  situated 
on  a  lot  with  the  ground  sloping  downward  from  the  facade  at  which  the 
measurement  is  taken  the  height  of  the  building  shall  not  at  any  point 
exceed  thirty-six  feet  above  the  curb  line  measured  on  the  facade  facing 
the  street,  nor  shall  the  height  of  the  building  at  any  point  of  the  grade 
exceed  forty-six  feet  above  the  adjoining  curb  in  the  case  of  a  corner 
lot  or  above  the  level  of  the  ground  in  the  case  of  an  interior  lot. 

§  13.  Yard,  serving  two  hotels.  Distance  between  buildings.  In  no 
event  shall  any  yard  or  court  be  made  to  serve  the  purpose  of  two  hotels 
hereafter  erected,  or  of  an  existing  hotel  and  a  hotel  hereafter  erected, 
unless  such  yard  or  court,  as  the  case  may  be,  is  of  the  full  size  required 
for  two  hotels,  and  then  only  in  the  event  that  such  yard  or  court,  as 
the  case  may  be,  is  located  on  the  same  lot  and  owned  by  or  in  the 
absolute  lawful  control  and  in  the  lawful  possession  of  the  hotel  it 
proposes  to  serve. 

Where  a  hotel,  now  or  hereafter  erected,  stands  upon  a  lot,  no  other 
building  shall  hereafter  be  placed  upon  the  front  or  rear  of  that  lot, 
unless  the  minimum  distance  between  such  buildings  shall  be  at  least  ten 
feet  and  two  additional  feet  shall  be  added  to  such  minimum  distance  of 
ten  feet  for  every  story  more  than  one  in  height  of  the  highest  building 
on  such  lot. 

§  14.  Depth  of  rear  yard.  The  depth  of  a  .rear  yard  shall  be  meas- 
ured at  right  angles  from  the  extreme  rear  line  of  the  building  towards 
the  rear  lot  line. 

§  15.  Minimum  size  of  rear  yard.  The  minimum  size  of  every  rear 
yard  for  a  hotel  hereafter  erected  shall  be  not  less  in  width  and  in  area 
thai;  an  inner  court,  except  that  if  such  rear  yard  is  bounded  on  its 
entire  one  end  or  side  by  an  outer  court,  or  by  a  side  yard  or  by  a  street, 
or  by  a  public  alley  or  park,  then  such  rear  yard  shall  be  not  less  in 
width  or  exceed  the  maximum  length  of  an  outer  court;  provided,  how- 
ever, that  if  the  lot  extends  through  from  one  street  to  another  street 
or  public  alley^  one-half  of  the  narrowest  street  or  public  alley,  to  which 
said  lot  abuts  may  be  considered  as  a  part  of  the  lot  in  computing  the 
rear  yard  required. 

§  16.  Passageway  to  street.  Every  rear  yard  not  bordering  on  a 
street  or  public  alley  and  witliout  direct  access  thereto  shall  have  access 
to  a  street  or  public  alley  by  means  of  an  unobstructed  passageway  not 
less  than  three  feet  six  inches  in  clear  width,  nor  less  than  seven  feet  in 
clear  height;  and  if  such  passageway  or  any  portion  thereof  passes 
through  a  l)uilding,  such  portion  thereof  shall  be  built  of  approved  in- 
combustible materials,  or  shall  be  lathed  with  metal  lath  or  approved 
plaster  board  and  be  plastered  not  less  than  tlirce-quarters  inch  thick 
including  llie  lath  or  plaster  board,  or  shall  be  lined  with  not  less  than 
number  twenty-six  (gauge)  galvanix,ed  iron,  and  shall  be  drained  and 
lighted. 


811 


HOTELS. 


Act  1530a,  §§17-20 


§  17.  Excavated  front  yard.  Every  front  yard  which  is  excavated 
below  the  level  of  the  curb  or  below  the  adjoining  ground  level  for  the 
purpose  of  furnishing  light  and  ventilation  to  a  basement  shall  in  no 
part  be  less  in  width  and  length  than  required  for  outer  courts. 

§  18.  Width  of  side  yard.  The  width  of  every  side  yard  shall  be  not 
less  than  the  width  required  for  an  outer  court,  except  that  the  pro- 
visions of  this  act  regarding  the  maximum  lengths  of  an  outer  court  shall 
not  apply  to  a  side  yard;  provided,  that  if  there  is  a  side  yard  on  both 
sides  of  the  building  connected  one  with  the  other  across  the  rear  of 
the  building  by  the  rear  yard,  then  the  width  of  the  side  yards  may  bo 
reduced  twelve  inches. 

§  19.  Minimum  size  of  outer  court.  The  minimum  size  of  every  outer 
court  for  a  hotel  hereafter  erected  shall  be  as  follows: 

Height    of    building    based    on    the    full    number    of    |  | 

stories   in   the   building   measured   upward   from        | 
and    including    the    lowest    story    in    which  | 

there  is  a  guest  room  or  guest  rooms, 
or  a  dormitory  or  dormitories  . 


Minimum 
width  of 

court 

Maximum 

length  of 

court 

4   ft. 

0 

m. 

16 

ft.  0  in 

4  ft. 

0 

in. 

16 

ft.  0  in 

4  ft. 

6 

m. 

25 

ft.  0  in 

5  ft. 

G. 

m. 

30 

ft.  0  in 

6  ft. 

0 

m. 

35 

ft.  0  in 

8  ft. 

0 

m. 

35 

ft.  0  in 

10  ft. 

0 

m. 

40 

ft.  0  in 

12  ft. 

0 

m. 

40 

ft.  0  in 

13  ft. 

0 

n. 

40 

ft.  0  in. 

14  ft. 

0  : 

n. 

40 

ft.  0  in. 

1  story    , 

2  stories    

3  stories    

4  stories   

5  stories   

6  stories    

7  stories   

8  stories    

9  stories   

10  or  more  stories. 


There  shall  be  added  to  the  minimum  width  of  each  such  outer  court 
six  inches  for  each  five  feet  or  fractional  art  thereof  in  excess  of  the 
maximum  length;  provided,  however,  that  the  maximum  lengths  herein 
provided  shall  not  apply  when  the  outer  court  is  bounded  on  one  side  for 
its  entire  length  by  a  lot  line;  provided,  further,  that  if  an  outer  court 
is  bounded  by  a  public  alley  or  public  park,  the  width  of  such  public 
alley  or  public  park  may  be  considered  a  part  of  the  lot  in  determining 
the  required  width  of  the  outer  court. 

§  20.  Minimum  size  of  inner  court.  The  minimum  size  of  every  inner 
court  for  a  hotel  hereafter  erected  shall  be  as  follows: 


Height    of    building    based     on     the    full    num- 
ber  of   stories   in   the    building  measured   up- 
ward  from   and   including   the   lowest   story 
in  which  there  is  a  guest  room,  or  guest 
rooms,    or   a   dormitory   or   dormitories 


Minimum  area 

Minimum 

[            of  court 

width  of  court 

in  square  feet 

6   ft. 

0  in. 

75  square  feet 

6   ft. 

0  in. 

75  square  feet 

7  ft. 

0  in. 

120  sc|uare  feet 

8  ft. 

0  in. 

160  square  feet 

12  ft. 

0  in. 

250  square  feet 

16  ft. 

0  in. 

400  square  feet 

20  ft. 

0  in. 

625  square  feet 

24  ft. 

0  in. 

840  square  feet 

1  story 

2  stories   

3  stories   

4  stories   . 

5  stories   

6  stories    

7  stories   

8  stories  and  more. 


Actl530a,  §§21,  22 


GENERAL   LAWS. 


812 


provided,  however,  that  the  minimum  size  of  every  inner  court  which  is 
bounded  on  one  side  for  its  entire  length  by  a  lot  line  may  be  as  follows: 

Height    of     building    based     on     the     full    num- 
ber  of   stories    in   the   building  measured   up- 
ward from   and  including   the  lowest   story 
in  which  there  is  a  guest  room,  or  guest 
rooms,    or   a   dormitory   or   dormitories 


Minimum 

Minimum  area 

width  c 

f  court 

of  court 

5   ft. 

0  in. 

75  square  feet 

5   ft. 

0  in. 

75  square  feet 

6  ft. 

0  in. 

120  square  feet 

7  ft. 

0  in. 

160  square  feet 

9  ft. 

0  in. 

250  square  feet 

16  ft. 

0  in. 

400  square  feet 

20  ft. 

0  in. 

625  square  feet 

24  ft. 

0  in. 

840  square  feet 

1  story 

2  stories   

3  stories   

4  stories    

5  stories   

6  stories   

7  stories   

8  stories  and  more. 


Every  inner  court  hereafter  constructed  and  every  inner  court  or  vent 
shaft  now  in  any  hotel  or  lodging-house  shall  be  provided  with  a  door  or 
window  at  or  near  the  bottom  thereof,  giving  sufficient  access  to  such 
court  or  vent  shaft  as  to  enable  it  to  be  properly  cleaned  out. 

§21.  Recess.  Every  recess  from  a  court,  yard  or  street  in  a  hotel 
hereafter  erected  shall  unless  it  conforms  to  the  requirements  of  this  act 
for  an  inner  court,  or  an  outer  court,  be  not  less  in  width  than  its  depth. 
Every  such  recess  shall  be  open  and  unobstructed  from  a  point  not  more 
than  two  feet  above  the  floor  line  of  the  lowest  story  in  the  building  in 
which  there  are  rooms  the  said  recess  proposes  to  serve. 

§  22.  Intakes  for  inner  court.  Construction.  Every  inner  court  in  a 
hotel  of  two  or  more  stories  in  height  hereafter  erected  shall  be  provided 
with  one  or  more  horizontal  intakes  at  the  bottom  of  the  court,  as 
follows: 


Inner  court  areas 

Minimum             -kt  ^ 
number  of            Net  aggregate 
intakes    |        area  of  intakes 

Each  not  exceeding  300  square  feet 

One 
Two 
Two 

19^  square  feet 
40     square  feet 
60     square  feet 

Each  not  exceeding  800  square  feet 

Each  exceeding  800  square  feet 

Every  such  intake  shall  always  extend  directly  to  the  front  of  lot  or 
front  yard,  or  rear  yard,  or  to  a  side  yard,  or  to  a  street,  or  to  a  public 
alley  or  park.  Whenever  more  than  one  intake  is  required,  one  such 
intake  shall  extend  to  the  font  of  lot  or  front  yard,  and  one  to  the  rear 
yard,  public  alley,  public  park,  or  to  the  other  street,  and  the  court  ends 
of  the  air  intakes  shall  be  as  far  apart  as  possiy)le. 

Each  such  intake  shall  consist  of  an  unobstructed  duet  or  passageway 
having  a  minimum  width  of  three  feet  in  all  its  parts  and  a  minimum 
height  of  six  feet  six  inches. 

Every  such  intake  shall  be  constructed  of  approved  incombustible  ma- 
terials, or  shall  be  lined  with  at  least  number  twenty-six  (gauge)  gal- 
vanized iron  on  the  inside  tliorcof.  Such  air  intakes  may  be  closed  at 
each  end  with  a  gate  or  grill  liaviug  not  less  Ihaii  seventy-five  per  cent  of 
open  work. 

In  case  the  inner  court  does  not  (.'xtciKl  hc'low  liic  second  iluor  level, 
then   each  such    air   intake   may   consist   of   an    unobstructed   open   duct, 


813  HOTELS.  Act  1530a,  §§23-25 

constructed  of  approved  inconibustibli'  materials  or  lined  wilii  at  least 
number  tweuty-six  (gauge)  galvanized  iron  on  the  inside  thereof,  having 
an  interior  area  of  not  less  than  nineteen  and  one-half  square  feet,  and 
in  no  dimension  less  than  twelve  inches,  and  covered  at  each  end  with 
a  wire  screen  of  not  less  than  one  inch  mesh. 

Every  air  intake  shall  be  drained  and  so  constructed  and  arranged  as 
to  be  readily  cleaned  out. 

§  23.  Cellars.  In  no  hotel  shall  any  room  in  the  cellar  be  constructed, 
altered,  converted  or  occupied  for  sleeping  purposes. 

Every  cellar  shall  be  illuminated  and  ventilated.  The  walls  and  floor 
of  every  cellar  hereafter  constructed,  which  are  below  the  ground  level, 
shall  be  made  waterproof  and  dampproof,  and  whenever  deemed  neces- 
sary and  so  ordered  by  the  department  charged  with  the  enforcement  of 
this  act,  the  walls  and  ceilings  thereof  shall  be  plastered. 

§  2i.  Basements.  In  no  hotel  shall  anj^  room  in  the  basement  be  con- 
structed, altered,  converted  or  occupied  for  sleeping  purposes,  unless 
such  room  conforms  to  all  of  the  requirements  of  this  act  for  rooms  in 
other  parts  of  the  building,  and  that  ceiling  of  each  such  room  be  in  all 
parts  not  less  than  seven  feet  above  the  adjoining  ground  level. 

Every  basement  shall  be  illuminated  and  ventilated.  The  walls  and 
floors  of  every  basement  hereafter  constructed,  which  are  below  the 
ground  level,  shall  be  made  waterproof  and  dampproof,  and  whenever 
deemed  necessary  and  so  ordered  by  the  department  charged  with  the 
enforcement  of  this  act,  the  walls  and  ceilings  thereof  shall  be  plastered. 

§  25.  Ventilation  beneath  floor.  In  every  hotel  hereafter  erected,  the 
lowest  floor  thereof  shall  be  at  least  eighteen  inches  above  the  surface 
soil  adjoining  and  uuder  the  floor,  and  the  entire  space  under  such  floor 
shall  be  kept  dry,  drained,  clean  and  free  from  any  accumulation  of 
rubbish,  debris  or  filth. 

Such  space  under  the  floor  shall  be  enclosed  and  provided  with  a  suffi- 
cient number  of  openings  with  removable  screens  or  similar  provisions 
of  a  size  to  insure  ample  ventilation;  provided,  however,  that  in  any  such 
building  the  lowest  floor  thereof  may  be  less  than  eighteen  inches  above 
the  surface  soil  but  in  no  case  less  than  six  inches  (except  where  masonry 
floors  are  laid  directly  on  the  soil)  if  the  said  floor  is  made  impervious 
to  the  ingress  of  rats  or  other  vermin,  as  follows: 

(a)  Floor  made  impervious  to  rats.  Foundation  walls  shall  be  con- 
structed of  concrete  or  of  brick  or  stone  or  other  masonry  laid  in  a  good 
mortar  or  constructed  of  some  other  equally  as  rat-proof  material. 

(b)  The  said  foundation  walls  shall  be  not  less  than  six  inches  in 
thickness  at  the  top  nor  less  than  twelve  inches  in  thickness  at  the  bot- 
tom, nor  extend  less  than  twelve  inches  below  the  surface  soil,  and 
except  where  masonry  floors  are  laid  directly  on  the  soil,  shall  extend 
not  less  than  six  inches  above  the  surface  soil. 

(c)  Every  opening  in  the  foundation  walls,  for  ventilation  or  for 
other  purposes,  shall  be  made  rat  proof  with  suitable  metal  screens  or 
with  some  other  similar  rat-proof  material.  Door  or  window  openings  in 
such  walls  shall  have  tight-fitting  doors  or  w^indows. 


Act  1530a,  §§  26, 27  general  laws.  814 

(d)  The  said  lowest  floor  or  differing  levels  thereof,  forming  a  com- 
plete floor  between  the  outside  walls  of  the  building,  shall  be  constructed 
either  of  masonry,  or  covered  with  concrete  not  less  than  one  and  one- 
half  inches  thick,  or  constructed  of  two  layers  of  flooring  with  a  layer 
of  galvanized  iron  or  galvanized  iron  wire  cloth  or  other  approved 
equally  as  rat-proof  material  placed  between  the  two  layers  of  flooring. 
Or  in  lieu  of  the  floor  being  constructed  as  herein  prescribed,  the  entire 
ground  area  under  the  floor  shall  be  covered  with  concrete  not  less  than 
two  inches  thick,  except  where  the  surface  of  the'  soil  is  composed  of 
rock.  The  rat-proofing  material  shall  always  extend  under  the  plates  of 
the  exterior  walls  and  supporting  partitions. 

(e)  All  openings  throughout  the  said  floor  for  chinineys,  plumbing, 
water  pipes  or  for  any  other  purpose  shall  be  closed  up  tight  in  the  same 
manner  and  with  the  same  kind  of  materials  as  required  under  the  plates 
of  the  exterior  walls  and  supporting  partitions,  and  if  the  rat-profing 
material  used  for  the  closing  of  openings  is  other  than  masonry,  it  shall 
extend  beyond  and  underlap  the  flooring  all  around  the  opening,  not  less 
than  two  inches. 

§  26.     Floor   area   of  guest   room.     Width  and  height.     Curtains.     In 

every  hotel  hereafter  erected,  every  guest  room  shall  contain  not  less 
than  ninety  square  feet  of  superficial  floor  area.  Every  such  room  shall 
at  every  point  be  not  less  than  seven  feet  in  width,  nor  less  than  nine 
feet  in  height,  measured  from  the  finished  floor  to  the  finished  ceiling; 
except  that  attic  rooms  and  rooms  where  sloping  ceilings  occur  need  be 
nine  feet  in  height  in  but  one-half  the  area  of  the  room. 

Every  water-closet  compartment  shall  be  not  less  than  thirty-six  inches 
in  clear  width,  and  every  such  water-closet  compartment,  bath  or  slop- 
sink  compartment,  or  closet  or  recess  from  a  room,  or  dressing-room  shall 
have  a  height  of  not  less  than  sev~en  feet  six  inches,  measured  from  the 
finished  floor  to  the  finished  ceiling. 

Every  closet,  recess  from  a  room,  or  dressing-room  which  contains 
more  than  twenty-five  square  feet  of  superficial  floor  area  (built-in 
dressers,  clothes-presses  and  similar  features  which  are  a  substantial  part 
of  the  structure  shall  not  be  deemed  to  be  part  of  the  floor  erea  of  a 
closet,  recess  from  a  room,  or  dressing-room),  shall  conform  to  all  of  the 
])rovisions  of  this  act  as  to  guest  rooms,  and  shall  contain  not  less  than 
ninety  square  feet  of  superficial  floor  area. 

No  part  of  any  room  in  any  hotel  shall  hereafter  be  enclosed  or  sub- 
divided wholly  or  in  part,  by  a  curtain,  portiere,  fixed  or  movable  tiarti- 
tion,  or  other  contrivance  or  d('\ii'c,  \\>v  any  |iurjiijsc.  contrary  to  any  of 
tlie  provisions  of  this  act. 

P'ntertainment,  amusement  (jr  reception  loonis,  or  pnlilic  dining-rooms, 
hereafter  constructed,  altered  or  converted  in  any  lioti'l  shall  conform  to 
the  provisions  of  section  thirty  of  this  act. 

Dormitories  hereafter  constructed,  altered  or  converted  in  any  hotel 
shall  conform  to  the  provisions  of  section  sixty-two  of  this  act. 

§  27.  Windows.  Opening  into  vent  shaft.  Opening  through  porch. 
Ventilation  by  exhaust  system.  In  every  hotel  liercafter  erected,  every 
guest  room,  dormitory,  kitchen,  scullery,  [lantry  or  other  room  in  which 
food    is    storcMl    or    prepared,    public    dining-room,   laundry,   barber    shop, 


815  HOTELS.  Act  ]530a,  •§§  28, 29 

Turkish  baths,  general  amusement,  entertainment  or  reception-room, 
water-closet  or  shower  compartment,  bath,  toilet  or  slop-sink  room  and 
general  utility  room  shall  have  at  least  one  window,  of  the  area  herein- 
after required,  opening  directly  upon  a  street,  or  upon  a  yard  or  court  of 
the  dimensions  specified  in  this  act  and  located  on  the  same  lot. 

All  windows  required  by  this  act  shall  be  located  so  as  to  properly 
light  aJl  portions  of  the  room  and  shall  bo  made  so  as  to  open  in  all  parts 
and  be  so  arranged  that  at  least  one-lialf  of  the  window  may  be  opened 
unobstructed. 

The  windows  required  by  this  section  in  a  water-closet  or  shower  com- 
partment, bath,  toilet  or  slop-sink  room  may  open  directly  into  a  vent 
shaft  in  lieu  of  a  street,  yard  or  court.  Such  vent  shaft  to  be  not  less 
than  of  the  minimum  size,  and  constructed  of  the  materials  and  in  the 
manner  prescribed  by  section  fifty-seven  of  this  act,  or  such  rooms  or 
icompartments,  in  lieu  of  being  provided  with  windows  may  be  venti- 
lated by  an  exhaust  system  of  ventilation  installed,  constructed  and 
maintained  as  prescribed  by  section  sixty-one  hereof. 

The  windows  required  by  this  section  to  open  onto  a  street,  yard,  or 
an  outer  court,  except  windows  from  kitchens,  may  open  through  porches, 
provided  that  said  porches  do  not  exceed  seven  feet  in  depth,  measured 
at  right  angles  to  the  windows  and  that  at  least  seventy-five  per  cent  of 
the  entire  side  of  the  porch,  bounded  by  the  street,  yard,  or  outer  court, 
is  left  open  except  that  the  open  space  may  be  inclosed  with  mosquito 
screens. 

Kitchens,  sculleries,  pantries  or  other  rooms  used  for  cooking,  storing 
or  preparing  of  food,  public  dining-rooms,  laundries,  barber-shop,  Turk- 
ish baths,  general  amusement  or  reception-rooms  and  general  utility 
rooms,  in  lieu  of  windows  may  be  ventilated  by  an  exhaust  system  of 
ventilation  installed,  constructed  and  maintained  as  prescribed  by  section 
sixty-one  hereof. 

§  28.  Window  area.  In  every  hotel  hereafter  erected,  the  total  win- 
dow area,  in  each  guest  room,  kitchen,  scullery,  pantry  or  other  room  in 
which  food  is  stored  or  prepared,  laundry,  barber-shop,  Turkish  bath,  or 
general  utility  room,  shall  be  at  least  one-eighth  of  the  superficial  floor 
area  of  the  room. 

The  aggregate  window  area  in  each  room  shall  be  not  less  than  twelve 
square  feet  and  no  single  window  shall  be  less  than  six  square  feet  in 
area. 

All  measurements  for  window  area  shall  be  taken  to  the  outside  of 
the  sash. 

The  window  area  required  for  dormitories,  entertainment,  amusement, 
reception  or  dining  rooms  shall  be  as  hereinafter  provided. 

§  29.  Window  area.  In  every  hotel  hereafter  erected  each  window  in 
a  water-closet  compartment,  bath,  toilet  or  slop-sink  room,  or  shower- 
room,  shall  be  not  less  than  three  square  feet  in  area.  The  aggregate 
area  of  windows  for  each  such  compartment  or  room  shall  be  not  less 
than  six  square  feet.  In  each  such  compartment  or  room  containing 
more  than  one  water-closet,  bath,  urinai  or  slop-sink,  the  aggregate  win- 
dow area  shall  be  equivalent  to  three  square  feet  for  each  water-closet, 
bath,  nrinal  or  slop-sink  therein;  except  that  at  no  time  need  the  aggre- 


Act  1530a,  §§  30-32  general  laws.  816 

gate  window  area  exceed  oue-fourth  of  the  superficial  floor  area  of  such 
compartment  or  room. 

§  30.  Total  window  area  in  dining-room,  etc.  Height  of  rooms.  In 
every  hotel  hereafter  erected  the  total  window  area  in  each  room  used 
for  the  purpose  of  entertainment,  amusement,  reception  or  dining-room, 
which  room  has  a  superficial  floor  area  not  exceeding  one  hundred  eighty 
square  feet,  shall  be  at  least  one-eighth  of  the  superficial  floor  area  of 
such  room. 

Every  such  room  which  has  a  superficial  floor  area  exceeding  one  hun- 
dred eighty  square  feet  shall  have  an  aggregate  window  area  not  less 
than  that  required  for  a  room  of  one  hundred  eighty  square  feet  of 
superficial  floor  area. 

Every  such  entertainment,  amusement,  reception  or  dining  room  shall 
have  a  minimum  height  between  the  finished  floor  and  the  finished  ceil- 
ing of  not  less  than  nine  feet.  No  such  room  or  part  thereof  shall  be 
used  for  sleeping  purposes,  except  that  said  room  or  part  thereof  com- 
plies with  all  of  the  other  provisions  of  this  act  for  guest  roooms. 

§  31.  Windows  in  public  hallway.  Skylights.  French  windows.  In 
every  hotel  hereafter  erected  everj'  public  hallway,  on  any  floor  where 
there  arc  more  than  five  guest  rooms,  shall  have  at  least  one  window, 
opening  directly  upon  a  street,  or  upon  a  yard  or  a  court,  of  the  dimen- 
sions specified  in  this  act  and  located  on  the  same  lot;  such  windows  shall 
be  at  the  end  of  the  public  hallway  and  placed  so  as  to  secure  the  maxi- 
mum light  into  the  hallway;  provided,  however,  that  in  hotels  not  ex- 
ceeding two  stories  in  height  the  public  hallway  may,  in  lieu  of  such 
windows,  be  lighted  and  ventilated  by  one  or  more  skjiights  constructed 
in  accordance  with  the  provisions  of  this  act. 

Every  window  required  by  this  act  in  a  public  hallway  shall  be  not  less 
than  twenty-nine  inches  in  clear  width,  nor  less  than  fifty-eight  inches  in 
lieight,  and  the  finished  sill  of  same  shall  bo  not  more  tlian  thirty  inches 
above  the  adjoining  finished  floor. 

Every  window  shall  be  made  so  as  to  oj)en,  and  so  arranged  that  at 
least  one-half  of  the  window  may  be  opened  unobstructed. 

Every  skylight  provided  for  in  this  section  shall  have  an  eflfeetive 
liorizontal  area  of  glass  of  not  less  than  fifteen  square  feet,  and  shall 
have  ridge  ventilators  or  fixed  or  movable  louvres  so  as  to  provide  a 
ventilating  area  of  not  less  than  five  hundred  square  inches.  Such  sky- 
lights shall  be  so  located  that  no  portion  of  tlie  hallway  be  distant  more 
than  twenty  feet,  measured  from  a  vertical  line,  from  a  skylight  opening. 

Any  part  of  a  public  hallway  which  is  off'set,  recessed,  or  cut  off  from 
any  other  part  of  a  hallw.ay  where  such  offset  or  recess  is  more  in  length 
rlian  one  and  one-half  times  the  width  of  the  jniblic  hallway  from  which 
it  offsets  or  recesses,  sliall  be  deemed  a  separate  ]iublic  hallway  within 
the  meaning  of  this  section. 

l''rcm-li  windows  or  doors,  if  arranged  to  open  and  glazed  to  give  the 
ari'Jis  ol  opening  and  glass  required  by  this  act  for  winodws  in  public 
hallways,   may   be  used   in    lii'i:   of  wiiulows   therein. 

§32.  Ventilating  syklight.  In  every  hotel  two  or  more  stories  in 
height   hereafter  erected,   wliere  th(;re  are   more;  than   five  ^uest  rooms  on 


817  HOTELS.  Act  1530a,  §  33 

any  one  tioor,  there  shall  be  provided  at  the  roof  over  each  stairway  a 
ventilating  skylight,  placed  directly  as  practicable  over  same,  having  a 
minimum  eft'ective  horizontal  area  of  glass  at  least  twenty  square  feet  in 
area  for  buildings  two  stories  in  height,  and  the  area  of  glass  in  such 
skylight  shall  be  increased  at  the  ratio  of  six  square  feet  for  each  addi- 
tional story  in  height.  In  every  such  skylight  tlu^  ventilating  area  shall 
be  not  less  than  five  hundred  square  inches. 

Every  such  skylight,  ventilating  openings,  shutters  and  closing  and 
opening  devices  for  the  ventilating  openings,  shall  be  made  of  approved 
incombustible  materials,  and  so  arranged  that  the  entire  ventilating 
area  may  be  readily  opened  from  at  least  the  topmost  and  first  story 
levels;  except  that  in  hotels  not  exceeding  four  stories  in  height  the  ven- 
tilators may  be  arranged  so  as  to  open  from  at  least  the  first  story,  or 
may  be  fixed  permanetly  in  an  open  position. 

Skylights  as  in  this  section  prescribed  may  be  omitted  in  case  that 
windows  are  provided  of  the  size  fixed  by  section  thirty-one  hereof,  and 
located  adjoining  the  stairways,  and  that  each  window  adjoining  the 
stairway  be  provided  with  an  open  louvre  or  ventilator  providing  a 
ventilating  area  of  not  less  than  one  hundred  square  inches  or  such  louvre 
or  ventilator  may  be  placed  in  the  roof  over  the  stairway  in  which  event 
the  ventilating  area  shall  be  not  less  than  five  hundred  square  inches. 

Whenever  a  skylight  is  required,  as  in  this  section  provided,  there 
shall  be  constructed  a  stair  well,  the  clear  open  area  of  which  shall  be 
at  each  floor  equal  to  one-third  of  the  area  of  the  glass  in  the  skylight. 

§  33.  Water-closets.  Waterproof  floor.  In  every  hotel  hereafter 
erected  there  shall  be  installed  not  less  than  one  water-closet  in  a  sepa- 
rate compartment,  located  on  the  public  hallway,  for  each  sex  on  such 
floor.  One  of  such  water-closets  shall  be  distinctly  marked  "for  men," 
and  one  of  the  water-closets  distinctly  marked  "for  women";  and  there 
shall  be  installed  not  less  than  one  water-closet  in  a  separate  compartment, 
located  on  the  public  hallway,  for  every  ten  guest  rooms,  or  fractional 
part  thereof,  on  such  floor,  which  are  not  provided  with  private  water- 
closets.  Each  of  the  said  water-closets  shall  be  accessible  from  each  of 
the  guest  rooms  through  the  public  hallway,  and  not  more  than  one 
hundred  feet  distant  from  the  entrance  door  of  each  of  the  guest  rooms 
the  said  water-closet  proposes  to  serve. 

In  every  hotel  hereafter  erected  there  shall  be  installed  not  less  than 
one  water-closet  for  every  twenty  employees  of  each  sex  in  said  building. 

No  door  or  other  opening  in  a  water-closet  or  urinal  compartment  shall 
open  from  or  into  any  room  in  which  food  is  prepared  or  stored. 

The  walls  enclosing  a  water-closet  compartment  shall  be  well  plastered, 
or  constructed  of  some  nouabsorbent  material,  except  that  the  ordinary 
wood  trim  for  openings  may  be  used  in  such  a  compartment.  Every 
water-closet  compartment  shall  be  provided  and  equipped  with  a  full 
door,  properly  hung,  and  provided  with  a  lock  or  bolt  to  lock  same. 

The    floor    of    every    water-closet    compartment    hereaiter    constructed 

shall  be  made  waterproof  with  asphalt,  tile,  marble,  terrazzo,  cement  or 

some  other  similar  nonabsorbent  material,  and  such  waterproofing  shall 

extend  not  less  than  six  inches  on  the  vertical  walls  of  the  compartment. 

52 


Act  1530a  J  §  34-36  general  laws.  818 

§  34.  In  hotel  already  erected.  Sewer  connection  required.  In  every 
hotel  erected  prior  to  the  i^assage  of  this  act  there  shall  be  installed  not 
less  than  one  water-closet  in  a  separate  compartment,  located  on  the 
public  hallway  for  each  sex;  one  of  such  water-closets  shall  be  distinctly 
marked  "for  men,"  and  one  of  the  water-closets  shall  be  distinctly 
marked  "for  women";  and  there  shall  be  installed  not  less  than  one 
water-closet  in  a  separate  compartment,  located  on  the  public  hallway, 
for  every  twelve  guest  rooms,  or  fractional  part  thereof,  on  such  floor, 
which  are  not  provided  with  water-closets;  provided,  however,  that  the 
housing  department  charged  with  the  enforcement  of  this  act  may  ex- 
empt any  hotel  existing  at  the  time  of  the  passage  of  this  act  from  fully 
complying  with  the  provisions  of  this  paragraph  when,  in  its  discretion, 
such  deviation  will  not  be  detrimental  to  the  health  of  the  occupants 
thereof,  or  to  the  sanitation  of  the  said  hotel  or  premises;  provided, 
further,  that  no  such  exemption  shall  apply  to  any  addition  or  extension 
to  a  hotel. 

Every  water-closet  hereafter  placed  in  a  hotel  erected  prior  to  the 
passage  of  this  act  shall  comply  with  every  provision  of  this  act  relative 
to  water-closets  installed  in  hotels  hereafter  erected,  except  that  if  a 
water-closet  is  installed  in  the  top  story  of  any  such  building,  the  cbm- 
partment  in  which  it  is  installed  may  be  ventilated  by  a  skylight  with 
fixed  louvres  in  lieu  of  a  window;  provided,  however,  that  a  new  water- 
closet  may  be  installed  to  replace  a  defective  or  antiquated  fixture  in 
the  same  location.  No  door  or  other  opening  in  a  water-closet,  privy, 
or  urinal  compartment  shall  open  from  or  into  a  room  in  which  food 
is  prepared  or  stored. 

Every  hotel  erected  prior  to  the  passage  of  this  act  or  hereafter 
erected,  where  a  connection  with  the  sewer  is  possible,  shall  discontinue 
the  use  of  any  school  sink,  privy  vault  or  any  similar  receptacle  used 
to  receive  fecal  matter,  urine  or  sewage,  and  every  such  receptacle  shall 
be  completely  removed  and  the  place  where  it  was  located  be  properly 
disinfected.  All  such  receptacles  shall  be  replaced  by  individual  water- 
closets  of  durable  nonabsorbent  material,  properly  connected,  trapped, 
vented  and  provided  with  flush  tanks,  the  same  as  is  required,  by  the 
provisions  of  this  act,  in  hotels  hereafter  erected. 

§  35.  Bathtub  or  shower.  In  every  hotel  hereafter  erected  there  shall 
Ik"  installed  not  less  than  one  bathtub  or  shower,  in  a  separate  com- 
jiartment,  located  on  the  public  hallway,  for  every  ten  guest  rooms,  or 
fractional  part  thereof,  not  provided  with  private  baths;  provided,  that 
the  said  bathtub  or  shower  is  on  the  same  floor  and  is  accessible  from 
each  guest  room  through  the  public  hallway.  There  shall  also  be  in- 
stalled not  less  than  one  slop-sink  on  each  floor. 

The  walls  and  floors  to  every  bath,  shower  or  slop-sink  room  hereafter 
constructed  shall  be  waterproofed  and  shall  be  provided  with  doors  in 
the  same  manner  as  required  for  the  construction  of  water-closet  com- 
partments in  hotels  hereafter  erected. 

§36.  In  hotel  already  erected.  In  every  hotel  erected  prior  to  the 
passage  of  this  act  there  shall  be  installed  ii"!  Itss  than  one  bathtub  or 
shower,  in  a  separate  compartment,  located  in  the  public  hallway,  for 
every    twenty    guest    rooms,    or    fractional    part   thereof,    which    are    not 


819      •  HOTELS.  Act  1530a,  §§  37-39 

provided  with  private  batlis;  provided,  that  the  said  bathtub  or  shower 
is  located  on  the  same  floor  and  is  accessible  from  each  gnest  room 
through  the  public  hallway. 

There  shall  also  be  installed  not  less  than  one  slop-sink  on  each  floor; 
provided,  however,  that  the  housing  department  charged  with  the  en- 
forcement of  this  act  may  exempt  any  hotel  existing  at  the  time  of  the 
passage  of  this  act  from  fully  complying  with  the  provisions  of  this 
section  when,  in  its  discretion,  such  deviation  will  not  be  detrimental 
to  the  health  of  the  occupants  thereof,  or  to  the  sanitation  of  the  said 
hotel  or  premises;  provided,  further,  that  no  such  exemption  shall  apply 
to  any  addition  or  extension  to  a  hotel. 

§  37.  Running  water.  Sewer.  In  every  hotel  hereafter  erected  every 
plumbing  fixture  shall  be  provided  with  running  water,  and  there  shall 
be  provided  faucets,  with  running  water,  sutfieient  in  number  so  that 
all  of  the  yards,  courts  and  passageways  may  be  washed.  Faucets  shall 
be  of  the  hose  bibb  type,  not  less  than  three-quarter  inch  size. 

Every  plumbing  fixture  atfecting  the  sanitary  drainage  system  in  any 
hotel  hereafter  erected,  shall  be  properly  connected  with  the  street 
sewer,  if  a  street  sewer  exists  in  the  street  abutting  the  lot  on  which  the 
building  is  located  and  is  ready  to  receive  connections.  When  it  is 
impracticable  to  connect  such  plumbing  fixtures  with  a  street  sewer,  then 
the  plumbing  fixtures  shall  be  connected  and  drained  into  a  cesspool  con- 
structed satisfactorily  to  the  department  charged  with  the  enforcement 
of  this  act;  or  some  other  means  of  sewage  disposal  satisfactory  to  the 
department  charged  with  the  enforcement  of  this  act  may  be  made  until 
such  time  as  it  may  become  practicable  and  possible  to  connect  with 
the  street  sewer. 

§  38.  In  hotel  already  erected.  In  every  hotel  erected  prior  to  the 
passage  of  this  act,  every  plumbing  fixture  shall  be  provided  with  run- 
ning water,  and  there  shall  be  provided  faucets,  with  running  water,' 
suflicient  in  number  so  that  all  of  the  yards,  courts  and  passageways  may 
be  washed.  Faucets  shall  be  of  the  hose  bibb  type,  not  less  than  three- 
quarter  inch   size. 

§  39.  In  case  no  running  water.  Privy.  Water-closets,  baths,  showers, 
sinks,  slop-sinks,  faucets  and  other  plumbing  fixtures  required  by  this 
act  need  not  be  installed  in  the  event  that  the  hotel  hereafter  erected 
or  an  existing  hotel,  as  .the  case  may  be,  is  situated  where  there  is  no 
running  water  and  where  there  is  no  practical  means  of  sewage  disposal, 
until  such  time  as  it  becomes  practicable  and  possible  to  obtain  running 
water  and  means  of  sewage  disposal;  provided,  in  every  such  case  the 
department  charged  with  the  enforcement  of  this  act  shall  decide  whether 
or  not  it  is  practicable  and  possible  to  provide  running  water  and 
proper  means  of  sewage  disposal.  A  special  permit  in  writing  shall  be 
obtained  in  every  such  case  from  the  department  charged  with  the  en- 
forcement of  this  act,  which  permit  shall  be  made  in  duplicate,  and  a 
copy  thereof  shall  remain  on  file  in  the  department  issuing  it;  provided, 
further,  that  proper,  separate  toilet  facilities  for  each  sex  shall  be  pro- 
vided for  the  use  of  the  occupants  of  such  building.  Such  facilities  shall 
be  made  sanitary.     A  privy,  or  toilet  other  than  a  water-closet,  erected 


Act  1530a,  §§  40-42  general  laws.  '      820 

under  the  authority  of  this  section  shall  consist  of  a  pit  at  least  three 
feet  deep,  with  suitable  shelter  over  the  same  to  afford  privacy,  and 
protection  from  the  elements.  The  openings  of. the  shelter  and  pit  shall 
be  enclosed  by  mosquito  screening,  and  the  door  to  the  shelter  shall  be 
made  to  close  automatically  by  means  of  a  spring  or  other  device.  No 
privy  pit  shall  be  allowed  to  become  filled  with  excreta  to  nearer  than 
one  foot  from  the  surface  of  the  ground,  and  the  excreta  in  the  pit 
shall  be  covered  with  earth,  ashes,  lime  or  similar  substances  at  regular 
intervals. 

All  drainage  water  shall  be  convej'ed  from  the  premises  by  means  of 
a  covered  drain  to  a  covered  cesspool. 

§  40.  Plumbing  fixtures  made  sanitary.  In  every  hotel  erected  prior 
to  the  passage  of  this  act  all  plumbing  fixtures  affecting  the  sanitary 
drainage  system  shall  be  properly  trapped  and  vented  and  made  sani- 
tary in  every  particular.  In  any  hotel  hereafter  erected,  and  in  any 
hotel  erected  prior  to  the  passage  of  this  act  no  plumbing  fixtures  shall 
be  inclosed  with  woodwork,  but  the  space  under  and  around  same  must 
be  left  entirely  open.  All  woodwork  inclosing  a  water-closet,  sink,  slop- 
sink,  wash-tray  or  lavatory  shall  be  removed  and  the  fioor  and  wall  sur- 
faces beneath  and  around  such  water-closet,  sink,  slop-sink,  wash-tray  or 
lavatory  shall  be  maintained  in  good  repair,  and  if  of  wood,  well  painted 
with  a  light-colored  paint  of  sufficient  body  to  make  it  nonabsorbent. 
All  wooden  seats,  attached  to  water-closet  bowls,  shall  be  varnished  or 
enameled,  or  by  some  other  method  made  nonabsorbent. 

In  every  hotel  hereafter  erected  water-closets  shall  have  earthenware 
bowls  and  shall  have  earthenware  seats  integral  with  the  bowls,  or 
wooden  seats,  varnished  or  enameled  so  as  to  be  nonabsorbent,  or  seats 
made  of  some  nonabsorbent  material  attached  directly  to  the  bowls. 
No  wooden  wash-trays  or  wooden  kitchen  sinks  shall  be  permitted  in 
such  buildings.  All  plumbing  connections  hereafter  made  in  buildings 
shall  be  of  standard  lead,  iron,  steel  or  brass;  and  every  gas  and  water 
service  connection  hereafter  made  shall  be  of  steel  or  iron,  and  shall 
be  equipped  with  cut-off  valves  placed  outside  of  the  building,  and  such 
cut-off  valves   shall  be   readily   accessible. 

Whenever  any  plumbing  fixture  becomes  insanitary  the  department 
charged  with  the  enforcement  of  this  act  is  hereby  empowered  to  orfler 
the  same  removed  and  to  order  that  it  be  replaced  by  a  fixture  conform- 
ing to  the  provisions  of  this  act. 

§  41.  Two  means  of  egress.  Every  hotel  hereafter  erected,  three  or 
more  stories  in  heiglit  and  in  which  there  are  more  than  five  guest 
rooms  on  any  one  floor,  shall  be  so  designed  and  constructed  that  every 
guest  room  in  such  building  shall  have  not  less  than  two  means  of  egress, 
either  by  stairways  or  fire-escapes,  constructed  in  accordance  with  the 
provisions  of  this  act.  Such  means  of  egress  shall  be  accessible  from 
•■very  guest  room,  either  directly  or  through  a  public  hallway,  and  so 
locat(Ml  that  should  one  egress  be  or  become  blocked,  the  other  egress 
shall    be    available. 

§42.  Stairways.  Every  hotel  two  or  more  stories  in  licight,  liero- 
after   erected   shall    have   not   less   than   two   stairways. 


821  HOTELS.  Act  1530a,  §§43^5 

Every  firepruof  hotel  two  or  more  stories  iu  lieight  hereafter  erected 
shall  have  not  leas  than  one  stairv?ay,  not  less  than  three  feet  six  inches 
wide,  for  each  six  thousand  square  feet,  or  fractional  part  thereof,  of 
floor  area  in  any  one  floor  above  the  first  floor  thereof. 

Every  semi-tireproof  hotel  two  or  more  stories  in  lieight  hereafter 
erected  shall  have  not  less  than  one  stairway,  not  less  than  three  feet 
six  inches  wide,  for  each  four  thousand  square  feet,  or  fractional  part 
thereof,  of  floor  area  in  any  one  floor  above  the  first  floor  thereof. 

Every  wooden  hotel  two  or  more  stories  iu  height  hereafter  erected 
shall  have  not  less  than  one  stairway,  not  less  than  three  feet  six  inches 
wide,  for  each  three  thousand  square  feet,  or  fractional  part  thereof, 
of  floor  area  in  any  one  floor  above  the  first  floor  thereof. 

Every  hotel  hereafter  erected  shall  have  not  less  than  one  stairway 
leading   from    the    outside    to    every    basement    or    cellar    thereof. 

§  43.  Computing  number  of  stairways  required.  The  largest  floor 
area  above  the  ground  floor  shall  be  used  as  the  basis  for  computing 
the  number  of  stairways  required  in  a  hotel  hereafter  erected;  provided, 
that  if  all  floors  above  the  largest  floor  area  of  the  building  are  dimin- 
ished in  area,  the  stairway  or  stairways  from  that  portion  of  the  build- 
ing containing  a  smaller  area  may  be  computed  on  the  basis  of  the 
largest  floor  area  iu  that  portion  of  the  building. 

§  44.  Location  of  stairways.  All  stairways  hereafter  constructed  shall 
be  located  so  as  to  furnish  the  best  means  of  egress  from  the  building, 
shall  be  as  far  removed  from  each  other  as  is  practicable,  and  shall  be 
as    follows: 

Access  to  stairways  shall  be  provided  at  every  floor  by  means  of  a 
public  hallway,  corridor,  or  passageway,  and  the  public  hallway,  cor- 
ridor, passageway  and  stairway  from  the  ground  exit  level  to  the  top 
story  or  roof  shall  be  accessible  at  all  times. 

No  stairway  shall  abut  on  more  than  one  side  of  an  elevator  shaft, 
except  on  the  entrance  and  topmost  stories;  provided,  that  the  stair- 
way is  so  located  that  it  can  be  approached  from  the  street  entrance 
without  passing  by  or  in  front  of  the  open  side  of  the  said  elevator  shaft. 

No  stairway  shall  be  located  over  a  steam  boiler,  gas  meter  or  gas 
heater  or  furnace,  unless  such  boiler,  gas  meter,  gas  heater  or  furnace 
be  located  in  a  room,  the  walls  and  ceiling  of  which  are  constructed 
as  required  for  a  boiler-room  by  section  fifty-nine  of  this  act.  No  stair- 
way leading  from  any  other  portion  of  the  building  shall  terminate  in 
or   pass   through   a   boiler-room. 

§  45.  Construction  of  stairways.  Every  stairway  hereafter  con- 
structed shall  be  as  follows:  Have  a  rise  of  not  more  than  eight  inches 
and  a  run  of  not  less  than  nine  inches,  without  change  in  the  run  or 
rise  between  floors;  and  shall  be  provided  with  head  room  of  not  less 
than  six  feet  six  inches,  measured  from  the  nearest  nosing  of  the  stair- 
way to  the  nearest  soffit. 

The  depth  of  every  landing  in  a  stairway  shall  be  not  less  than  the 
width  of  the  stairway,  and  all  treads  shall  be  of  equal  width  for  every 
run  of  stairs,  and  shall  not  vary  in  width  in  the  width  of  the  stairs. 

Every  stairway  required  by  this  act  shall  be  continuous  from  the 
ground  level  to  the  top  story,  i.  6.,  the  flights  of  such  stairway  shall  be 


Act  1530a,  §§  46, 47  general  laws.  822 

constructed  one  directly  above  the  other,  or  shall  be  constructed  so  that 
each  flight  shall  be  in  plain  view  of  each  succeeding  flight;  provided, 
however,  that  half  of  the  stairways  from  the  upper  floors  may  terminate 
at  the  second  floor,  in  the  event  that  the  stairways  from  the  first  to  the 
second  floor  be  increased  in  width  not  less  than  fifty  per  cent. 

Every  stairway  shall  have  at  least  one  handrail  and  if  the  stairway 
be  five  feet  or  more  in  width,  shall  have  a  handrail  on  each  side  thereof. 

The  under  side  and  soffits  of  wooden  stairways  and  the  outside 
stringers  of  open  stairways,  except  outside  stairways  in  semi-fireproof 
and  wooden  hotels  shall  be  metal  lathed  and  plastered  not  less  than 
three-quarters  inch  thick  including  the  lath,  or  lathed  with  approved 
plaster  board  and  plastered  not  less  than  three-quarters  inch  thick  in- 
cluding the  plaster  board. 

The  width  of  stairways  shall  be  measured  in  the  clear  of  all  projections 
except  the  baseboards,  and  except  that  handrails  and  newel  posts  may 
project  not  more  than  four  inches. 

§  46.  Space  under  stairway.  No  closet  of  any  kind  shall  be  con- 
structed in  any  hotel  under  any  wooden  stairway,  but  such  space  shall 
be  kept  entirely  open,  and  be  kept  clean  and  free  from  all  encumbrance; 
or  such  space  shall  be  effectually  closed  with  walls  of  studs,  lathed  and 
plastered,  with  no  door  or  opening  of  any  kind  therein;  provided,  how- 
ever, that  the  provisions  of  this  section  as  to  a  closet  under  a  stairway 
shall  not  apply  to  any  hotel  not  more  than  two  stories  in  height,  in 
which  there  are  not  more  than  five  guest  rooms  above  the  first  floor 
thereof. 

§  47.  Stairway  to  roof.  In  hotel  already  erected.  In  every  hotel 
hereafter  erected  more  than  two  stories  in  height,  the  stairway  nearest 
to  the  main  entrance  of  the  building  shall  be  carried  to  the  roof  level 
and  shall  give  egress  to  the  roof  through  a  penthouse  or  roof  structure. 
In  every  such  building  not  exceeding  two  stories  in  height  there  shall 
be  constructed  a  scuttle,  in  the  public  hallway,  near  the  stairway.  Such 
scuttle  shall  be  not  less  than  two  feet  by  three  feet  in  area,  and  shall 
be  cut  through  the  ceiling  and  roof. 

Penthouses  over  stairways  shall  be  built  either  of  fireproof  materials 
or  of  wood  studs,  lathed  with  metal  lath  or  approved  plaster  board  and 
plastered  not  less  than  three-quarters  inch  thick  including  the  lath  or 
jilaster  board  on  the  inside  and  outside  thereof;  or  such  penthouses  may 
be  covered  in  the  same  manner  and  with  the  same  kind  of  materials 
as  required  by  this  act  for  the  doors  from  such  penthouses. 

The  door  to  the  roof  from  a  penthouse  or  roof  structure  shall  be  self- 
closing  and  shall  open  outward  to  the  roof  and  shall  be  covered  on  both 
sides  and   edges  with   tin   or   other   metal. 

The  frames  and  trim  of  such  dopr  opening  shall  be  similarly  con- 
structed and  all  glass  in  such  door  shall  be  wired  glass  not  less  than  one- 
fourth  inch  thick. 

Yjvery  hotel  of  more  than  two  stories  in  heiglit,  erected  prior  to  the 
passage  of  this  act,  shall  have  in  the  roof  a  penthouse  or  a  scuttle, 
which  scuttle  shall  be  not  less  than  two  feet  by  three  feet  in  area, 
located  in  the  ceiling  of  a  public  hallway.  There  shall  be  provided  a 
stairway  or  a  stationary  ladder  leading  from  the  (op  floor  of  such  hotel 


823  HOTELS.  Act  1530a,  §§  -48, 49 

to  tlie  roof  thereof.  Such  stairway  or  stationary  ladder  shall  he  made 
readily  accessible  to  all  tenants  of  the  building.  No  scuttle  or  pent- 
house door  shall  at  any  time  be  locked  with  a  key,  but  may  be  fastened 
on  the  inside  by  a  movable  bolt  or  lock. 

§  48.  HaJlways,  etc.,  from  stairways.  Public  hallways,  landings,  and 
corridors  from  stairways  shall  be  of  the  same  width  and  measured  in  the 
same  manner  as  the  stairways,  as  provided  in  section  forty-six  hereof. 

§  49.  Fire-escapes.  On  every  hotel  hereafter  erected  more  than  two 
stories  in  height,  there  shall  be  provided  at  least  one  fire-escape.  If  such 
hotel  exceeds  three  thousand  square  feet  of  floor  area  on  any  one  floor 
above  the  second  floor  thereof,  such  building  shall  be  provided  with  one 
additional  fire-escape  for  each  four  thousand  square  feet  of  floor  area 
or  fractional  part  thereof. 

Fire-escapes  required  by  this  act  siiall  be  of  one  of  the  following,  types: 

Type  1.  Types  of  fire-escapes.  Metallic  throughout  and  fastened 
securely  to  the  exterior  walls  of  the  building,  with  a  balcony  at  each 
story  above  the  first  story  thereof,  with  inclined  stairways  connecting 
all  balconies  and  a  goose-neck  ladder  connecting  the  topmost  balcony 
to  the  roof.  The  lowest  balcony  of  such  fire-escape  to  be  not  more  than 
fourteen  feet  above  the  street  or  ground  level  directly  under  same. 

All  metallic  balconies  shall  be  not  less  than  forty-four  inches  in  width 
nor  less  than  thirty-three  square  feet  in  area.  The  stairway  openings 
therein  shall  be  not  less  than  twenty-one  inches  wide  and  forty  inches  in 
length.  The  balcony  balustrade  shall  be  not  less  than  thirty-four  inches 
high,  with  no  opening  in  such  balustrade  greater  than  eight  inches  in 
horizontal  dimension. 

There  shall  be  no  opening  greater  than  one  inch  in  width  in  a  fire- 
escape   balcony   platform,    except   the   stair-well   opening. 

There  shall  be  no  opening  greater  than  one  inch  in  width  in  the  lowest 
fire-escape  balcony  platform,  except  that  there  be  attached  a  counter- 
balanced or  permanent  ladder  reaching  to  the  street  or  ground  below. 

Every  balcony  platform  shall  be  fastened  to  the  outside  walls  of  the 
building  by  building  in  and  anchoring  to  such  walls  the  balcony  plat- 
form and  the  balustrade  framing,  or  by  securely  bolting  same  thereto. 
Every  balcony  shall  be  supported  by  brackets,  braces,  or  struts  fastened 
to  or  built  in  and  anchored  to  the  walls. 

The  inclined  stairways  shall  be  not  less  than  eighteen  inches  in  widtii 
and  placed  in  no  part  nearer  than  twenty-one  inches  from  the  face  of 
the  wall.  Such  inclined  stairways  shall  have  an  inclination  of  not  less 
than  four  inches  and  not  more  than  six  horizontally  to  each  twelve 
inches  of  vertical  height.  The  treads  shall  be  not  less  than  four  inches 
wide,  placed  not  more  than  twelve  inches  apart.  Each  side  of  such 
stairways  shall  be  provided  with  a  handrail  not  less  than  one  inch  in 
diameter  fastened  to  the  stair  stringers  and  continued  around  the  well 
hole  openings  of  balcony  platform. 

The  goose-neck  ladder  shall  be  not  less  than  fifteen  inches  wide  and 
extend  vertically  from  the  topmost  balcony  to  three  feet  above  the  fire 
wall  or  roof  above,  and  then  be  brought  down  and  fastened  to  the  inside 
face  of  the  fire  wall  or  to  the  roof.  The  rungs  of  the  goose-neck  ladder 
shall  be  not  less  than  five-eighths  inch  round  iron  or  steel,  placed  not 


Act  1530a,  §  49  general  laws.  824 

more  than  fourteen  inches  apart.  The  goose-neck  ladder  shall  be  securely 
braced  and  fastened  to  the  outside  wall,  and  in  no  case  shall  such  ladder 
pass  in  front  of  any  opening  in  the  wall  to  the  interior  of  the  building. 
The  cornice  opening  for  the  passage  of  such  ladder  shall  be  not  less  than 
twenty-four  inches  in  width  and  twenty-four  inches  in  the  clear  outside 
of   the  ladder. 

Such  fire-escape  shall  be  framed  and  riveted  or  bolted  together  in  a 
solid,  substantial  manner  and  properly  supported,  braced  and  fastened 
to  the  outside  walls  so  as  to  be  rigid,  durable  and  secure  and  carry  the 
loads  imposed. 

All  metallic  fire-escapes  shall  be  painted  with  not  less  than  two  coats 
of  good,  durable  paint;   or  such  fire-escapes  may  be  galvanized. 

Type  2.  Metallic  ladders  and  stairways  conforming  to  the  provisions 
set  forth  for  tyj^e  one  and  with  reinforced  concrete  or  iron  or  steel  fire- 
proofed  balconies,  with  fastenings  of  similar  materials.  Such  balconies 
to  measure  the  full  size  inside  of  balustrades.  Floor  openings  and  well 
holes  provided  and  protected  similarly  to  the  requirements  for  metallic 
balconies. 

Type  3.  Any  type  of  a  inclosed  approved  metallic  spiral  fire  escape 
which  consists  of  a  rigid  form  of  an  inclined  chute  or  chutes  constructed 
entirely  of  incombustible  material;  securely  attached  to  the  outside  walls 
of  the  building;  provided  with  proper  means  of  ingress  thereto  from 
the  building  and  egress  therefrom  at  the  bottom;  having  means  enabling 
firemen  to  reach  the  roof  thereby  from  the  ground;  equipped  with  stand- 
pipes;  painted  the  same  as  provided  for  metallic  fire-escapes;  and  satis- 
factory to  the  department  charged  with  the  enforcement  of  this  act  as 
being  as  solid,  substantial  and  durable  and  as  fireproof  in  construction, 
and  providing  at  least  as  safe  and  efficient  means  of  escape  from  the 
building  for  the  occupants  thereof,  and  furnishing  all  the  protection  and 
utility  of  the  metallic  fire-escape  described  as  "type  one"  in  this  act. 

Type  4.  Fire  and  smoke  towers,  consisting  of  a  fire-escape  stairway 
not  less  than  twenty  inches  in  width,  constructed  of  reinforced  concrete, 
iron  or  steel,  or  a  combination  of  these  materials;  and  in  all  other  details 
as  required  in  this  act  for  metallic  fire-escape  stairways;  said  stairways 
being  continuous  the  full  height  of-  the  building  from  the  first  floor  exist 
level  to  the  roof,  and  with  handrails  on  each  side  thereof  the  full  length 
of  same.  Such  stairways  to  be  constructed  at  a  point  adjoining  the 
exterior  walls  of  the  building  and  be  entirely  enclosed  with  walls  of 
brick,  terra  cotta  tile,  concrete  or  reinforced  concrete  not  less  than 
twelve  inches  thick;  such  walls  to  be  continuous  from  the  basement  up 
to  and  extending  three  feet  above  the  roof  of  the  building,  with  no 
covering  of  any  kind  over  same,  and  with  no  openings  in  the  walls  of 
such  tower  into  the  building.  The  inclosing  walls  of  such  tower  not  to 
be  used  to  carry  or  support  any  floor  joist,  beam,  girder  or  other  struc- 
tural feature  of  the  building,  nor  to  be  chased  for  any  pipe,  conduit 
or  other  jjurpose;  to  have  an  exit  from  the  inclosurc  at  the  first  floor 
line  opening  directly  to  a  street  or  yard,  and  having  an  ent;-ance  by 
means  of  an  outside  balcony  at  each  floor,  such  balconies  to  have  a  sol'd 
floor  and  in  all  other  details  and  kind  of  materials  to  be  as  in  this  act 
required  for  metallic  fire-escape  balconies.  Tlie  balconies  to  be  located 
and   arranged   to   connect   with   a   door   opening   from   a   public   hallway 


825  HOTELS.  Act  1530a,  §§  50-53 

in  the  interior  of  tlie  building  and  with  a  door  opening  leading  from 
the  balcony  to  the  tower,  such  door  opening  from  the  building  to  the 
balcony  and  from  the  balcony  to  the  tower  to  be  not  less  than  thirty 
inches  wide  by  seventy-two  inches  high  and  be  equipped  with  metal-lined 
doors  and  with  a  frame  and  threshold  of  such  door  openings  constructed 
of  fireproof  materials. 

Type  5.  A  fire  and  smoke  tower  in  every  way  similar  to  "type  four" 
of  this  section,  except  that  instead  of  the  outside  balcony  there  be  built 
a  vestibule  wdth  inclosing  walls  continuous  with  and  of  the  same  kind 
of  materials  and  of  the  same  thickness  as  the  inclosing  walls  of  the  fire 
tower;  that  the  vestibule  opening  be  direct  from  a  public  hallway  and  be 
equipped  with  metal-lined  doors.  The  vestibule  floor  to  be  of  masonry 
construction.  The  inclosure  to  have  an  opening  at  each  floor  through 
the  exterior  wall  of  the  building,  such  opening  to  extend  from  the  floor 
to  the  ceiling  and  be  not  less  in  width  than  three-fourths  of  the  width 
of  the  tower,  said  opening  to  be  protected  with  an  open  metallic  balus- 
trade similar  to  that  specified  for  metallic  fire-escape  balconies. 

§  50.  Stairway  and  fire-escape  combined.  In  any  hotel  hereafter 
erected  in  which  there  is  constructed  a  fire-escape  of  "type  four"  or  "type 
five,"  as  prescribed  in  this  act,  such  fire-escape  may  be  used  and  con- 
strued as  a  stairway  and  a  fire-escape  combined;  provided,  that  there  is 
at  least  one  other  stairway  or  one  other  fire-escape  constructed  in  ac- 
cordance with  the  provisions  of  this  act,  in  the  said  building. 

§  51.  liOcation  of  fire-escapes.  Every  fire-escape  required  by  this  act 
shall  be  located  on  the  building  so  as  to  furnish  the  best  means  of 
escape  therefrom  for  the  occupants,  and  at  least  one  such  fire-escape 
shall  be  located  on  a  street  front.  Every  such  fire-escape  shall  have 
egress  thereto  from  a  public  hallway  or  passageway  not  less  than  three 
feet  wide,  or  such  fire-escapes,  in  lieu  of  being  located  on  a  public  hall- 
way, shall  be  so  located  that  each  guest  room  has  direct  egress  thereto 
without  passing  through  another  room.  If  a  public  parlor,  public  lobby, 
or  similar  room  is  connected  directly  with  the  public  hall,  corridor  or 
passageway  through  a  clear  and  unobstructed  opening,  without  doors, 
then  egress  may  be  had  thereby  to  a  fire-escape.  Signs  both  pointing 
towards  and  marking  the  locations  of  fire-escapes  shall  be  placed  on 
each  floor. 

§  52.  Computing  number  of  fire-escapes  required.  The  largest  floor 
area  above  the  second  floor  shall  be  used  as  a  basis  for  computing  the 
number  of  fire-escapes  required  by  this  .act;  provided,  that  if  all  floors 
above  the  largest  floor  area  are  diminished  in  size,  the  number  of  fire- 
escapes  from  that  portion  of  the  building  containing  the  smaller  area 
may  be  computed  on  the  basis  of  the  largest  floor  area  in  that  portion 
of  the  building. 

§  53.  Strength  of  platform,  etc.  Strength  of  fastenings,  etc.  All 
parts  of  each  balcony  platform  of  a  fire-escape  shall  be  designed  to 
carry,  in  addition  to  the  dead  load  thereof,  a  live  load  of  one  hundred 
pounds  per  square  foot  over  the  entire  area  thereof,  using  outside  dimen- 
sions, and  the  live  and  dead  loads  from  the  ladders  or  stairs  supported 
thereon. 


Act  1530a,  §§  5J^56  general  laws.  826 

Each  ladder  shall  be  designed  to  withstand  a  horizontal  pressure  ot 
one  hundred  pounds  per  square  foot. 

Each  stairway  shall  be  designed  to  carry,  in  addition  to  the  dead 
load  thereof,  a  live  load  of  one  hundred  fifty  pounds  per  square  foot 
of  horizontal  projection. 

Top  rails  of  balcony  balustrades  shall  be  designed  to  withstand  a  hori- 
zontal pressure  of  one  hundred  pounds  per  lineal  foot  of  railing. 

Each  balcony  shall  be  independently  supported. 

All  fastenings  of  fire-escape  balconies  to  the  building  shall  be  designed 
to  carry  twenty-five  per  cent  greater  load  than  the  total  dead  and  live 
loads  carried  by  the  balconies.  The  balcony  anchorage  shall  be  direct 
to  the  structural  steel  or  iron  members  of  the  balustrades  and  platforms 
extended  into  the  walls  and  anchored  into  the  structural  work  of  the 
building. 

The  level  of  the  inside  sill  of  the  door  or  window  giving  access  to  a 
fire-escape  balcony  or  the  balcony  floor  shall  be  not  more  than  thirty 
inches  above  the  adjoining  floor  in  the  building.  Every  such  door  or 
window  opening  shall  be  not  less  than  twenty-nine  inches  in  clear  width 
nor  less  than  fifty-eight  inches  in  height. 

Where  double-hung  windows  are  used  in  such  openings,  the  lower  sash 
shall  be  at  least  the  size  of  the  upper  sash  and  shall  slide  to  the  top 
of  such  opening.  Any  lock  used  on  any  such  window  shall  be  of  a  type 
which  can  be  readily  opened  from  the  interior  of  the  building  without 
the  use  of  a  key  or  other  tool. 

§  54.  Readily  accessible.  Every  fire-escape  in  or  on  a  hotel  hereafter 
erected,  or  in  or  on  a  hotel  erected  prior  to  the  passage  of  this  act,  shall 
at  all  times  be  maintained  in  good  order  and  repair,  well  painted  and 
clear  and  unobstructed  at  all  times,  and  be  readily  accessible. 

§  55.  Standpipes.  On  every  hotel  hereafter  erected  four  or  more 
stories  in  height,  there  shall  be  provided  one  or  more  metallic  stand- 
pipes.  Each  such  standpipe  shall  be  not  less  than  four  inches  in  internal 
diameter,  and  shall  have  a  Siamese  inlet  valve  near  the  sidewalk  or 
ground  directly  under  the  same,  and  an  outlet  valve  at  each  story  above 
the  first  story  and  on  the  roof. 

One  such  standpipe  shall  be  placed  on  or  in  the  exterior  walls  of  the 
building  at  one  fire-escape  on  each  street  frontage,  and  the  outlet  valves 
shall  be  readily  accessible  from  the  balconies  of  the  fire-escapes. 

The  inlet  and  outlet  valves  on  every  standpipe  shall  be  threaded  and 
brought  to  a  size  which  will  meet  the  standard  connections  of  the  local 
fire  department  of  the  inunicipality  in  which  such  hotel  or  lodging 
house  is  being  erected. 

The  standpipes  required  by  this  section  need  not  be  installed  in  any 
hotel  which  is  situated  where  there  is  no  running  water  and  where  it  is 
not  practicable  or  ])0ssil)l('  In  olitnin  wiitor  for  efficient  use  of  such  stand- 
pi|)es  in  case  of  fire,  unlil  siuli  linn'  ;is  il  is  practicable  and  possible  to 
ol)tain  running  water;  and  Ihr  (lc|i;irt  nicii)  cliargod  witii  tlie  enforcement 
of  this  act  shall  decide  w  Int  lici-  or  not  il  is  possililc  or  i)racticable  to 
obtain  running  water. 

§56.  Elevator  shaft  inclosed.  Tn  every  firfproof  hotel  hereafter 
erected,  every  elevator  slial't,  dunib-wailf^r  shaft  or  other  interior  shaft 


827  HOTELS.  Act  1530a,  §  57 

shall  be  inclosed  in  walls  constructed  of  concrete,  reinforced  concrete, 
brick,  terra  cotta  tile  or  other  similar  hard,  incombustible  materials,  or 
shall  be  constructed  of  metal  studs  lathed  either  with  metal  lath  or  an 
approved  plaster  board  and  plastered  on  both  sides  so  as  to  make  a  solid 
partition  not  less  than  two  inches  thick. 

In  every  semi-fireproof  or  wooden  hotel  hereafter  erected,  every  such 
shaft  shall  be  inclosed  by  walls  constructed  as  provided  by  this  act  for 
fireproof  hotels,  or  such  walls  shall  be  constructed  with  wood  studs,  with 
wood  firestops  the  same  size  as  the  studs,  cut  in  between  the  studs  at 
each  floor  and  halfway  between  each  floor,  lathed  on  both  sides  with 
metal  lath  or  an  approved  plaster  board  and  be  plastered  not  less  than 
three-quarters  inch  thick  including  the  lath  or  plaster  board. 

Every  opening  from  any  shaft  into  the  building  shall  be  equipped  with 
a  metal  door  and  with  door  frame  and  trim  entirely  of  metal;  or  such 
door  and  door  frame  shall  be  constructed  of  wood  covered  with  metal 
on  the  shaft  side  thereof,  and  if  there  is  any  glass  therein,  such  glass 
shall  be  wired  glass  not  less  than  one-fourth  inch  thick  Every  door 
or  window  therein  shall  be  made  to  close  tight,  and  every  door  except 
elevator  doors  therein  shall  be   self-closing. 

Every  window  in  such  shaft  shall  be  of  wired  glass,  not  less  than  one- 
fourth  inch  thick,  set  in  a  metal  sash  or  a  sash  metal-covered  on  the 
shaft   side  thereof. 

At  the  roof  over  every  elevator  shaft  there  shall  be  constructed  a 
ventilating  skylight  or  a  ventilator  with  open  louvres. 

§  57.  Vent  shafts  inclosed.  In  every  hotel  hereafter  erected  every 
vent  shaft  shall  be  inclosed  by  walls  constructed  the  same  as  required 
by  this  act  for  elevator  shafts  in  the  same  class  of  building.  Such  vent 
shafts  may,  in  a  semi-fireproof  or  wooden  hotel,  be  lined  on  the  outside 
thereof  (weather  side)  with  metal  in  lieu  of  metal  lath  and  plaster;  also 
that  portion  of  such  shaft  extending  from  the  ceiling  joists  to  the  top 
thereof  may  be  lined  with  metal  in  the  same  manner  as  is  required  for 
the  weather  side  of  such  vent  shaft. 

Every  opening  from  any  vent  shaft  into  the  building  or  any  window 
therein  shall  be  equipped  in  the  same  manner  as  required  by  this  act 
for  elevator  shafts  in  the  same  class  of  building. 

Plaster  on  the  weather  side  of  any  such  shaft  shall  be  cement  plaster. 

Every  vent  shaft  required  by  this  act  shall  be  not  less  than  four  feet 
in  any  direction  and  be  at  least  sixteen  square  feet  in  area.  If  such 
vent  shaft  exceeds  fifty  feet  in  height,  measured  from  the  bottom  to 
the  top  of  the  walls  of  such  shaft,  then  such  vent  shaft  shall  throughout 
its  entire  height  be  increased  in  area  three  square  feet  for  each  addi- 
tional ten  feet  or  fractional  part  thereof  above  fifty  feet. 

Every  such  vent  shaft  shall  be  provided  with  an  air  intake  or  duct 
at  or  near  the  bottom  thereof,  communicating  with  the  street  or  yard 
or  a  court.  Such  intake  shall  be  not  less  than  three  square  feet  in  totil 
area,  and  may  be  divided  into  not  more  than  three  separate  ducts  run- 
ning between  the  joists  or  otherwise,  and  shall  in  all  cases  be  placed  as 
nearly  horizontal  as  possible.  Every  such  intake  or  duct  shall  be  con- 
structed of  approved  fireproof  material  or  shall  be  of  metal  or  metal- 
lined,  and  be  provided  with  a  wire  screen  of  not  less  than  one  inch  mesh 


Act  1530a,  §§  58, 59  general  laws.  828 

at  each  end.     Plumbing,  gas,  steam  or  other  similar  pipes  may  be  placed 
in  such  a  vent  shaft. 

Every  vent  shaft  shall  have  a  door  or  a  window  at  or  near  the  bot- 
tom of  the  shaft,  so  arranged  as  to  permit  of  its  being  readily  cleaned 

out. 

§  58.  Walls  of  inner  court.  The  walls  of  every  inner  court  in  a  fire- 
proof hotel  hereafter  erected  shall  be  constructed  of  concrete,  reinforced 
concrete,  brick,  terra  cotta  tile  or  other  similar  hard,  incombustible  mate- 
rial. In  a  semi-fireproof  or  in  a  wooden  hotel  such  inner  court  walls, 
if  surrounded  on  four  sides  by  the  walls  of  the  same  building,  shall  be 
constructed  as  provided  for  fireproof  hotels,  or  may  be  of  wood  studs 
with  wood  firestops  the  same  size  as  the  studs,  cut  in  between  the  studs 
at  each  floor  and  halfway  between  each  floor,  lathed  on  both  sides  with 
metal  lath,  or  with  an  approved  plaster  board  and  be  plastered  not  less 
than  three-quarters  inch  thick  including  the  lath  or  plaster  board.  Plas- 
ter on  the  weather  side  of  such  inner  court  walls  shall  be  cement  plaster, 
or  such  inner  court  walls  may  be  lined  on  the  weather  side  with  not  less 
than  number  twenty-six  (gauge)  metal,  in  lieu  of  metal  lath  and  plaster 

§  59.  Boiler-room.  Doors  in  'boiler-room.  In  every  hotel  hereafter 
erected,  every  boiler  used  for  the  purpose  of  heating  the  building,  using 
fuel  other  than  gas,  and  every  heating  furnace  or  water-heating  appara- 
tus, using  oil  for  fuel,  shall  be  installed  in  a  room,  the  walls  of  which 
room  shall  be  built  of  concrete,  reinforced  concrete,  brick,  stone  or 
terra  cotta  tile,  not  less  than  six  inches  thick,  and  such  walls  shall  ex- 
tend from  the  floor  of  the  boiler-room  to  the  ceiling  over  same.  The 
entire  ceiling  of  such  room  shall  be  built  of  similar  materials  as  the 
walls,  or  shall  be  built  with  a  double  ceiling,  with  a  space  of  not  less 
than  seven-eighths  inch  between  the  two  ceilings,  each  ceiling  shall  be 
metal  lathed  or  lathed  with  an  approved  plaster  board  and  be  plastered 
not  less  than  three-quarters  inch  thick  including  the  lath  or  plaster 
board.  The  floor  of  a  boiler-room  shall  be  of  concrete  not  less  than  two 
inches  thick. 

Any  door  in  the  wall  of  such  room  shall  be  a  fire-resisting  door,  con- 
structed of  three  thicknesses  of  seven-eighths  inch  by  not  more  than 
six  inches,  tongued  and  grooved,  matched,  redwood  boards  entirely  cov- 
ered on  the  sides  and  edges  with  lock-jointed  tin:  every  such  door  shall 
be  self-closing,  so  hung  as  to  overlap  the  walls  of  the  room  at  least 
three  inches,  and  any  glass  in  any  such  door  or  any  glass  in  any  window 
or  opening  in  the  walls  of  a  boiler-room  shall  be  wired  glass,  not  less 
than  one-fourth  inch  thick,  set  in  a  metal  or  metal-covered  sash. 

All  such  doors  shall  have  hinges,  hangers,  latches  and  other  hardware 
of  wrought  iron,  bolted  to  the  doors,  and  sliall  have  steel  tracks,  when 
sliding  doors  are  used,  with  wrought-iron  stoi)s  and  binders  bolted 
through  the  wall.  Swinging  doors  sliall  have  wall  eyes  of  wrought-iron, 
built  into  or  bolted  through  the  wall. 

Every  such  boiler-room  shall  have  a  sill  across  each  door  not  less  than 
four  inches  high.  Such  sills  shall  be  of  masonry,  and  the  doors  shall 
overlaj)  same  at  least  three  Indies,  or  in  lieu  of  a  masonry  sill  a  steel 
or  iron  sill  may  be  used,  in  which  case  the  door  shall  close  tight  on  top 
of  same. 


829  HOTELS.      Act  1530a,  §^  60, 61 

Where  oil  or  other  lluid  fuel  is  burucd,  the  oil  or  other  fluid  fuel  shall 
not  be  fed  by  a  gravity  flow. 

§60.  Garage.  In  every  hdtel  hereafter  erected  any  portion  of  such 
building  in  which  there  is  kept  or  stored  any  automobile  or  automobiles 
shall  be  a  room  inclosed  in  partitions  whicli  shall  be  built  of  concrete, 
reinforced  concrete,  brick,  stone  or  terra  cotta  tile,  not  less  than  six 
inches  thick.  Such  inclosing  partitions  shall  extend  from  the  floor  of 
the  room  to  the  ceiling  of  the  same.  The  entire  ceiling  of  such  room 
shall  be  built  of  material  similar  to  that  in  the  construction  of  its  walls 
or  shall  be  either  metal  lathed  or  be  lathed  with  an  approved  plaster 
board  and  be  well  plastered,  and  if  any  portion  of  the  building  is  used 
as  a  public  automobile  garage,  or  automobile  repair-shop,  or  machine- 
shop  the  ceiling  thereof  shall  be  constructed  either  of  masonry,  or  of 
a  double  ceiling  metal  lathed  or  lathed  with  an  approved  plaster  board 
and  be  well  plastered,  there  shall  be  left  a  space  between  the  ceilings 
of  not  less  than  six  inches  measured  vertically.  The*  lower  ceiling 
shall  be  suspended  with  iron  or  steel  channels.  In  each  case  each  of 
the  ceilings  shall  be  plastered  not  less  than  three-quarters  of  an  inch 
thick  including  the  lath  or  the  plaster  board.  The  floor  of  such  room 
shall  be  of  concrete  not  less  than  two  inches  thick.  Every  door,  win- 
dow or  other  opening  in  the  walls  of  such  room  opening  to  the  interior 
of  the  building  shall  be  protected  in  the  same  manner  required  by  sec- 
tion fifty-nine  hereof  for  doors,  windows  and  other  openings  in  a 
boiler-room. 

§  61.  Fan  exhaust  system  of  ventilation.  Penalty  for  failure  to  main- 
tain. In  every  hotel  hereafter  erected  the  water-closet  compartments, 
bath,  toilet  or  slop-sink  rooms,  kitchens,  sculleries,  pantries  or  other 
rooms  in  which  food  is  stored  or  prepared,  public  dining-rooms,  laundries 
barber-shops,  Turkish  baths,  general  amusement,  entertainment  or  recep- 
tion-rooms, and  rooms  used  for  similar  purposes  and  general  utility 
rooms,  in  lieu  of  being  provided  with  windows,  as  in  this  act  prescribed, 
may  be  provided  with  a  fan  exhaust  system  of  ventilation.  Such  fan 
exhaust  system  of  ventilation  shall  consist  of  independent  inlet  ducts 
extending  from  the  outer  air  to  each  such  room  or  compartment  and 
exhaust  ducts  extending  from  each  such  room  or  compartment  to  the 
outer  air  above  the  highest  roof  of  the  building. 

All  of  the  inlet  ducts  and  exhaust  ducts  shall  be  constructed  of  gal- 
vanized iron  or  other  smooth  surfaced,  nonabsorbent  material  and  so 
arranged  that  they  may  be  readily  cleaned  out. 

The  exhaust  ducts  shall  always  be  connected  to  an  exhaust  fan  me- 
chanically operated,  so  designated  and  operated  as  to  provide  a  complete 
change  of  air  in  not  to  exceed  fifteen  minutes  for  each  room  used  for 
the  following  purposes:  kitchens;  pantries  or  other  rooms  used  for 
cooking,  storing  or  preparing  of  food;  barber-shops;  Turkish  baths,  laun- 
dries. 

General  amusement,  entertainment,  reception  or  dining  rooms,  or  rooms 
used  for  similar  purposes;  general  utility  rooms;  and  the  said  fan  ex- 
haust system  of  ventilation  shall  be  so  designed  and  operated  as  to 
provide  a  complete  change  of  air  in  not  to  exceed  five  minutes  for  each 


Act  1530a,  §§  62-64  general  laws.  830 

room   used  for   the   following   purposes:    water-closets;    shower   compart- 
ments; bath,  toilet  or  slop-sink  rooms  or  sculleries. 

Any  person  in  charge  of  a  building  in  jvhich  a  system  of  fan  exhaust 
ventilation,  as  in  this  section  is  required,  who  fails,  neglects  or  refuses 
to  operate  and  maintain  the  said  system  of  ventilation  in  good  order 
and  repair  so  that  the  ventilation  (complete  change  of  air)  herein  speci- 
fied is  provided  in  each  of  the  rooms  or  compartments  at  all  times,  shall 
be  deemed  guilty  of  a  misdemeanor  and  subject  to  all  of  the  penalties 
iixed  by  this  act. 

§62.  Dormitory.  Every  dormitory  hereafter  constructed,  altered,  or 
converted  in  any  hotel  shall  be  as  follows: 

(a)  In  no  one  dormitory  shall  there  be  provided  sleeping  accommoda- 
tions for  more  than  twenty  adult  persons,  nor  shall  the  superficial  floor 
space  for  each  person  be  less  than  required  by  section  sixty-five  hereof. 

(b)  The  ceiling  height,  measured  from  the  finished  floor  to  the  finished 
ceiling,  shall  in  no  case  be  less  than  nine  feet  in  the  clear,  and  in  no 
case  shall  there  be  permitted  in  such  dormitory  more  than  one  tier  of 
beds;  provided,  however,  that  in  a  dormitory  in  which  the  clear  ceiling 
height  is  not  less  than  eighteen  feet  measured  between  the  finished  floor 
to  the  finished  ceiling  thereof,  a  double  tier  of  beds  may  be  permitted, 
i.  e.,  one  tier  above  the  other;  provided,  that  in  no  event  shall  there 
be  less  than  three  feet  of  clear  vertical  space  between  the  beds,  nor 
less  than  three  feet  in  any  horizontal  direction  between  any  of  the  beds, 
nor  less  than  one  foot  of  clear  space  between  the  floor  of  the  room 
and  the  under  side  of  the  first  tier  of  beds. 

(c)  In  every  dormitory  there  shall  be  provided  windows  opening  on 
to  a  street,  or  on  to  a  yard  or  court  of  the  dimensions  specified  in  this 
act  and  located  on  the  same  lot.  The  window  area  shall  in  no  case 
be  less  than  one-eighth  of  the  superficial  floor  area  in  the  dormitory, 
and  in  the  event  that  a  double  tier  of  beds  are  provided,  the  said  win- 
dow area  shall  be  doubled. 

(d)  The  frames  of  beds  in  every  dormitory  shall  be  made  of  steel 
or  iron  or  of  some  similar  hard,  smooth,  incombustible  and  nonabsorbent 
material. 

(e)  In  every  dormitory  there  shall  be  provided  not  less  than  one 
water-closet  in  a  separate  compartment,  not  less  than  one  urinal  in  a 
separate  compartment,  and  not  less  than  one  shower  in  a  separate  com- 
partment, and  not  less  than  one  wash-sink,  for  each  twenty  persons  or 
fractional   part   thereof   occupying  the  said   dormitory. 

(f)  Every  dormitory  in  a  hotel  erected  prior  to  the  passage  of  this 
act  shall  be  made  to  conform  to  the  provisions  of  subsection  "(a)"  of 
this  section. 

§  63.  Hotels  erected  prior  to  passage  of  act.  In  any  hotel  erected 
[prior  to  tiie  ])aHsage  of  tliis  ai-t,  every  additional  room  or  hallway  that 
is  hereafter  constructeil  or  created  may  be  of  tlie  same  height  as  tho 
other  rooms  or  hallways  on  the  siuiie  story  of  such  Imlel. 

§  61.  Windows,  courts,  etc.,  in  hotels  already  erected.  Every  room 
in  a  hotel  erected  jirior  to  the  jiassagc  of  this  act  shall,  if  the  said  room 


831 


HOTELS. 


Act  1530a,  §  G5 


be  hereafter  occupied  for  living  or  sleeping  purposes,  liave  a  window 
of  an  area  not  less  than  eight  square  feet,  opening  directly  upon  a 
street,  a  yard,  a  court  or  upon  a  vent  shaft  not  less  than  twenty-five 
square  feet  in  area,  which  vent  shaft  shall  in  no  part  be  less  than  four 
feet  wide  and  open  and  obstructed,  without  roof  or  skylight  over  same; 
except  that  if  such  room  be  located  on  the  top  floor  of  the  building, 
such  room  may  be  ventilated  by  a  skylight  with  fixed  louvres  directly 
to  the  outer  air,  or  may  have  a  window  opening  upon  a  vent  shaft 
not  less  than  ton  square  feet  in  area,  if  such  window  from  the  room 
be  not  more  than  three  feet'  below  the  top  of  the  wall  of  such  vent 
shaft. 

Every  public  hallway  in  every  hotel  erected  jirior  to  the  passage  of 
this  act,  which  does  not  conform  to  the  provisions  for  public  hallways 
in  buildings  hereafter  erected,  shall  be  provided  with  light  and  ventila- 
tion to  the  outer  air.  Such  light  and  ventilation  shall  be  provided  by 
the  placing  of  windows  or  skylights,  or  by  making  such  alterations  as 
in  the  judgment  of  the  housing  department  may  be  deemed  necessary 
to  accomplish  the  result. 

§  65.  Kitchen.  Sleeping  in  cellar,  etc.  Floor  space  for  each  occu- 
pant. Food  shall  not  be  cooked  or  jjreparcd  in  any  room  except  in  a 
kitchen  designed  for  that  purpose.  Floors  of  kitchens  and  rooms  in 
which  food  is  stored  shall  be  made  impervious  to  rats  by  a  layer  of 
concrete  not  less  than  one  and  one-half  inches  thick  or  by  a  layer  of 
sheet  tin  or  iron  or  similar  material. 

It  shall  be  unlawful  for  any  person  to  live  or  sleep,  or  permit  or 
suffer  any  person  to  live  or  sleep,  in  any  cellar,  bath,  shower  or  slop- 
sink  room,  water-closet  compartment,  hallway,  closet,  kitchen,  recess 
from  a  room,  or  dressing-room,  except  when  such  recess  from  a  room, 
or  dressing  room  has  at  least  ninety  square  feet  of  superficial  floor  area 
and  complies  with  every  requirement  of  this  act  for  rooms,  or  in  any 
other  place  in  such  building,  which  in  the  judgment  of  the  department 
charged  with  the  enforcement  of  this  act,  would  be  dangerous  or  preju- 
dicial to  life  or  health  by  reason  of  want  of  light,  windows,  ventilation, 
drainage  or  on  account  of  dampness,  offensive,  obnoxious  or  poisonous 
odors;  or  in  any  room  that  shall  be  so  overcrowded  as  to  afford  less  than 
jhe  following  floor  space  for  each  occupant,  in  accordance  with  the 
age  of  said  occupant: 


Xumber  of  persons  over  12  years  of  age 

Number  of 
persons  un- 
der 12  years 
of  age 

Superficial  floor 
area  required 

lor    

2 
4 
6 
8 
10 
12 

60  square  feet 
120  square  feet 
ISO  square  feet 
240  square  feet 
300  square  feet 
360  square  feet 

2  or    

3   or    

4  or    

5   or    

6  or    

Additional  floor  area  in  the  same  ratio  shall  be  provided  for  additional 
persons. 


Act  1530a,  §§  66-71  general  laws.  832 

§  66.  Lighting  of  hallway,  etc.  Ju  every  hotel  there  shall  be  installed 
and  kept  burning  from  sunrise  to  sunset  throughout  the  year  artificial 
light  sufficient  in  volume  to  properly  illuminate  every  public  hallway, 
stairway,  fire-escape  egress,  elevator,  passageway,  public  water-closet 
compartment,  or  toilet-room,  whenever  there  is  insufficient  natural  light 
to  permit  a   person  to  read  in  any  part  thereof. 

In  every  hotel  there  shall  be  installed  and  kept  burning  from  sunset 
to  sunrise  throughout  the  year  artificial  light  sufficient  in  volume  to 
properly  illuminate  every  public  hallway,  stairway,  fire-escape  egress, 
elevator,  public  water-closet  compartment,  or  toilet-room  and  exterior 
passageway  on  the  lot. 

§  67.  Light-colored  material  on  walls.  The  walls  and  ceilings  of 
every  sleeping-room  in  every  hotel  shall,  except  when  there  is  sufficient 
natural  light  to  permit  a  person  to  read  in  any  part  thereof  during  day- 
time, be  caleimined  or  painted  (»r  papered  with  a  light-colored  material, 
and  such  calcimine,  paint  or  paper,  as  the  case  mpy  be,  shall  be  re- 
newed as  often  as  is  necessary  to  maintain  the  same  of  a  light  color  and 
clean  and  free  from  vermin. 

The  walls  of  courts  and  shafts,  unless  built  of  ligBt-colored  materials, 
shall  be  painted  of  a  light  color  or  whitewashed,  and  such  painting  or 
whitewashing  shall  be  renewed  as  often  as  is  necessary  to  maintain  the 
same  of  a  light  color. 

§  68.  Repapering.  No  wall,  partition  or  ceiling  of  any  room  in  any 
hotel  shall  be  repapered,  caleimined,  or  have  any  other  covering  placed 
thereupon  unless  the  old  wall  paper  or  other  covering  shall  have  first 
been  removed  therefrom,  and  the  said  wall,  partition  or  ceiling  cleaned, 
disinfected  and  freed  from  bugs,  insects  or  vermin. 

,  §  69.  Repairs.  Every  hotel  shall  be  maintained  in  good  repair.  The 
roofs  shall  be  kept  waterproof  and  all  storm  or  casual  water  properly 
drained  and  conveyed  therefrom  to  the  street  sewer,  storm  drain  or 
street  gutter. 

All  portions  of  the  lot  about  such  hotel,  including  the  yards,  courts, 
areaways,  vent  shafts  and  passageways,  shall  be  properly  graded  and 
drained;  and  whenever  the  department  charged  with  the  enforcement 
of  this  act  deems  it  necessary  for  the  protection  of  the  health  of  the 
occupants  of  such  building,  or  for  the  proper  sanitation  of  the  premises, 
it  may  require  that  the  said  lot,  yards,  courts,  areaways,  vent  shafts 
and  passageways  be  graveled  or  projieily  piived  and  surfaced  with  con- 
crete,  asphalt   or  similar  materials. 

§70.  Metal  mosciulto  screening,  'riieie  sliull  he  provided,  whenever 
it  is  deemed  necessary  l'"i-  tlic  liealtli  of  the  occupants  of  any  hotel  or 
for  the  projier  sanitation  oi'  cleanliness  of  any  such  building,  metal 
mosquito  screening  of  at  least  sixteen  mesh,  set  in  tight-fitting  remov- 
able sash,  for  each  exterior  door,  window  or  other  opening  in  the 
exterior  walls  of  tiie  building. 

§71.  Garbage  cans.  In  every  hotel  t  iiere  shall  be  provided  such 
number    of    ti;^h1    indal    rcreptiudcs    willi    (dose-fitting    metal    covers    for 


833  HOTELS.  Act  1530a,  §i^  72-75 

garbage,  refuse,  ashes  and  rubbish  as  juay  be  deemed  necessary  by  the 
department  charged  with  the  enforcement  of  this  act,  or  in  lieu  of 
such  metal  receptacles  there  may  be  constructed  a  garbage  chute  or 
shaft  approved  by  the  liousing  department.  Each  of  said  receptacles, 
chutes  or  shafts  slinll  l)e  kept  in  a  clean  coinlitioii  l>y  the  person  in 
charge  or  in   control   f)f  tlie  buihling. 

§  72.  Rooms,  etc.,  to  be  kept  clean.  Swill,  etc.,  not  to  be  deposited 
In  plumbing  fixtures.  Every  room,  hallway,  passageway,  stairway,  wall, 
partition,  ceiling,  floor,  skylight,  glass  window,  door,  carpet,  rug,  mat- 
ting, window  curtain,  water-closet  compartment  or  room,  toilet-room, 
bath-room,  slop-sink  or  washroom,  plumbing  fixture,  drain,  roof,  closet, 
cellar,  or  basement  in  any  hotel  or  on  the  lot,  yard,  court  or  any  of  the 
premises  thereof,  shall  be  kept  in  every  part  clean  and  sanitary  and  free 
from  all  accumulation  of  debris,  filth,  rubbish,  garbage  or  other  offensive 
matter. 

No  person  shall,  or  cause  or  permit  any  person  to  deposit  any  swill, 
garbage,  bottles,  ashes,  cans  or  other  improper  substance  in  any  water- 
closet,  sink,  slop-hopper,  bath-tub,  shower,  catch-basin,  or  in  any  plumb- 
ing fixture  connection  or  drain  therefrom;  or  otherwise,  to  obstruct  the 
same;  or  to  place  or  cause  to  permit  to  be  placed  any  filth,  urine  or 
other  foul  matter  in  any  place  other  than  the  place  provided  for  same; 
or  to  keep  or  cause  or  permit  to  be  kept  any  urine  or  filth  or  foul  mat- 
ter in  any  room  in  any  hotel,  or  in  or  about  the  said  building  or  prem- 
ises thereof,  for  such  length  of  time  as  to  create  a  nuisance. 

§73.  Beds  kept  clean.  In  every  hotel,  every  part  of  every  bed,  in- 
cluding the  mattress,  sheets,  blankets  and  bedding,  shall  be  kept  in  a 
clean,  dry  and  sanitary  condition,  free  from  filth,  urine  or  other  foul 
matter,  in  or  upon  the  same;  and  free  from  the  infection  of  lice,  bed- 
bugs or  other  insects.  No  roller  or  public  towels  shall  be  permitted. 
Bed  linen  shall  be  changed  at  least  as  often  as  a  new  guest  occupies 
the  bed. 

§  74.  Dangerous  articles  not  to  be  kept.  In  no  hotel,  or  any  part 
thereof,  or  in  the  lot,  yard,  court  or  any  portion  thereof,  shall  there 
be  kept,  stored  or  handled  any  article  dangerous  or  detrimental  to  life 
or  to  the  health  of  the  occupants  thereof;  nor  shall  there  be  stored,  kept 
or  handled  any  feed,  hay,  straw,  excelsior,  cotton,  paper  stock,  rags  or 
junk,  except  upon  a  written  permit  so  to  do,  obtained  from  the  fire 
commissioner  or  other  department  authorized  to  issue  such  permit. 
Every  such  permit  shall  be  deemed  to  be  a  public  record,  made  in  dupli- 
cate and  a  copy  thereof  shall  remain  on  file  in  the  office  of  the  fire 
commissioner  or  department  issuing  same. 

§75.  Animals  not  to  be  kept.  No  horse,  cow,  calf,  swine,  sheep, 
goat,  rabbit,  mule  or  other  animal,  chicken,  pigeon,  goose,  duck  or  other 
poultry  shall  be  kept  in  a  hotel,  or  any  part  thereof;  nor  shall  any  such 
animal  or  poultry,  nor  shall  any  stable  be  kept  or  maintained  in  the 
same  lot,  yard,  court  or  premises  of  a  hotel,  or  within  twenty  feet  of 
any  window  or  door  of  such  building. 
53 


Act  1530a,  §§  76-79  general  laws.  834 

No  hotel  shall  be  conuected  with  or  have  any  door,  window  or  transom 
opening  to  any  part  of  a  building  wherein  paint  or  oil  are  stored  or 
kept  for  the  purpose  of  sale  or  otherwise. 

§  76.  Housekeeper  in  charge.  In  every  hotel  in  which  there  are  eight 
or  more  guest  rooms  and  in  which  the  owner  does  not  live,  there  shall 
be  a  janitor,  housekeeper  or  other  responsible  person,  who  shall  reside 
in  such  hotel  or  on  the  same  lot  or  premises  thereof  and  have  charge 
of  same. 

§  77.  Action  to  abate  nuisance.  Authority  to  execute  order.  In  case 
any  hotel,  or  any  part  thereof,  is  constructed,  altered,  converted  or  main- 
tained in  violation  of  any  provisions  of  this  act  or  of  any  order  or 
notice  of  the  department  charged  with  its  enforcement,  or  in  case  a  nui- 
sance exists  in  any  such  hotel  or  building  or  structure  or  upon  the  lot 
on  which  it  is  situated,  said  department  may  institute  any  appropriate 
action  or  proceeding  to  prevent  such  unlawful  construction,  alteration, 
conversion  or  maintenance,  to  restrain,  correct  or  abate  such  violation 
or  nuisance,  to  prevent  the  occupation  of  said  hotel,  building  or  struc- 
ture, to  prevent  any  illegal  act,  conduct  of  business  in  or  about  such 
hotel  or  lot.  In  any  such  action  or  proceeding  said  department  may, 
by  affidavit  setting  forth  the  facts,  apply  to  the  superior  court,  or  to 
any  judge  thereof,  for  an  order  granting  the  relief  for  which  said  action 
or  proceeding  is  brought,  or  for  an  order  enjoining  all  persons  from 
doing  or  permitting  to  be  done  any  work  in  or  about  such  hotel,  build- 
ing, structure  or  lot,  or  from  occupying  or  using  the  same  for  any  pur- 
pose, until  the  entry  of  final  judgment  or  order.  In  case  any  notice 
or  order  issued  by  said  department  is  not  complied  with,  said  depart- 
ment may  apply  to  the  superior  court,  or  to  any  judge  thereof,  for  an 
order  authorizing  said  department  to  execute  and  carry  out  the  provi- 
sions of  said  notice  or  order,  to  remove  any  violation  specified  in  said 
order  or  notice,  or  to  abate  any  nuisance  in  or  about  such  hotel,  build- 
ing or  structure,  or  the  lot  upon  which  it  is  situated.  The  court,  or  any 
judge  thereof,  is  hereby  authorized  to  make  any  order  specified  in  this 
section.  In  no  case  shall  the  said  department  or  any  officer  thereof  or 
the  municipal  corporation  be  liable  for  costs  in  any  action  or  proceeding 
that  may  be  commenced  in  pursuance  of  this  act. 

§78.  Fine  a  lien.  Every  fine  imposed  by  judgment  under  section 
six  of  this  act  upon  a  hotel  owner  shall  be  a  lien  upon  the  house  in 
relation  to  which  the  fine  is  imposed,  from  the  time  of  the  filing  of 
a  certified  copy  of  said  judgment  in  the  office  of  the  recorder  of  the 
county  in  which  said  hotel  is  situated,  subject  only  to  taxes  and 
assessments  and  water  rates,  and  to  such  mortgage  and  mechanics' 
liens  as  may  exist  thereon  prior  to  such  filing;  and  it  shall  be  the 
duty  of  the  department  charged  with  the  enforcement  of  the  provi- 
sions of  this  act,  upon  the  entry  of  such  judgment,  to  file  forthwith 
the  copy  as  aforesaid,  and  such  copy  upon  filing  "shall  be  forthwith 
indexed   by   the   recorder   in   the   index   of   mechanics'   liens. 

§  79.  Notice  of  pendency  of  action.  In  any  action  or  proceeding 
instituted    by    the    department    charged    with    the    enforcement    of    this 


835  HOTELS.  Act  1530a,  §§  80-82 

act,  the  plaintiff  or  petitiuiier  may  file,  in  the  county  ret-ordor's  office 
of  the  county  where  the  property  uffocted  by  such  actiou  or  proceed- 
ing is  situated,  a  notice  of  the  pendency  of  such  action  or  proceed- 
ing. Said  notice  may  be  filed  at  the  time  of  the  commencement  of 
the  action  or  proceeding,  or  at  any  time  afterwards  before  final  judg- 
ment or  order,  or  at  any  time  after  the  service  of  any  notice  or  order 
issued  by  said  department.  Such  notice  shall  have  the  same  force 
and  effect  as  the  notice  of  pendency  of  action  provided  for  in  the 
Code  of  CiA'il  Procedure.  Each  county  recorder  with  whom  such 
notice  is  filed  shall  record  it  and  shall  index  it  in  the  name  of  each 
[lorson  specified  in  a  diiection  subscribed  by  an  officer  of  the  de- 
partment instituting  such  action  or  proceeding.  Any  such  notice 
may  be  vacated  upon  the  order  of  a  judge  of  the  court  in  which 
such  action  or  proceeding  was  instituted  or  is  pending.  The  recorder 
of  the  county  where  such  notice  is  filed  is  hereby  directed  to  mark 
such  notice  and  any  record  or  docket  thereof  as  canceled  of  record, 
upon   the    presentation    and    filing   of    a    certified    copy    of   such    order. 

§  80.  Name  of  owner,  etc.,  filed.  Every  owner  of  a  hotel  and 
every  lessee  or  other  person  Jiaving  control  of  a  hotel,  shall  file  in  • 
the  housing  department  a  notice,  containing  his  name  and  address, 
and  also  a  description  of  the  property,  by  street  and  number  and 
otherwise,  as  the  case  may  lie,  in  such  manner  as  will  enable  the 
department  charged  with  the  enforcement  of  this  act  easily  to  find 
the  same;  and  also  the  number  of  rooms  in  the  building.  In  case 
of  a  transfer  of  any  hotel,  it  shall  be  the  duty  of  the  grantee  of 
said  hotel  to  file  in  the  housing  department  a  notice  of  such  transfer, 
stating  the  name  of  the  new  owner,  within  thirty  days  after  such 
transfer.  In  case  of  the  devolution  of  the  said  property  by  will,  it 
shall  be  the  duty  of  the  executor  and  the  devisee,  if  more  than 
twenty-one  years  of  age,  and  in  case  of  devolution  of  such  property 
by  inheritance  without  a  will,  it  shall  be  the  duty  of  the  heirs,  or 
in  case  all  the  heirs  are  under  age,  it  shall  be  the  duty  of  the  admin- 
istrator of  the  deceased  owner  of  said  property,  to  file  in  said  de- 
partment a  notice,  stating  the  death  of  said  owner  and  the  names  of 
those  who  have  succeeded  to  his  interests,  within  thirty  days  after 
the  death  of  the  decedent,  in  case  he  died  intestate,  and  within 
thirty  days   after  the   probate   of   his  will  if   he   died  testate. 

§  81.  Name  of  agent  filed.  Every  owner,  agent  or  lessee  of  a  hotel 
shall  file  in  the  housing  department  a  notice  containing  the  name  and 
address  of  such  agent  of  such  house,  for  the  purpose  of  receiving 
service  of  process,  and  also  a  description  of  the  property,  by  street 
and  nvmiber  or  otherwise,  as  the  case  may  be,  in  such  manner  as  will 
enable  the  department  charged  with  the  enforcement  of  this  act  easily 
to- find  the  same.  The  name  of  the  owner  or  lessee  may  be  filed  as 
agent  for  this  purpose. 

§82.  Index  of  names.  The  names  and  addresses  filed  in  accord- 
ance with  sections  seventy-nine  and  eighty  shall  be  indexed  by  the 
housing   department   in   such   a   manner   that   all   of   those  filed   in   rela- 


Act  1530a,  §§  83-86  general  laws.  836 

tion  to  each  hotel  shall  be  together  and  readily  ascertainable.  Said 
indices  shall  be  public  records,  open  to  public  inspection  during  busi- 
ness  hours. 

§  83.  Time  of  service.  Every  notice  or  order  in  relation  to  a  botel 
shall  be  served  five  daj's  before  the  time  for  doing  the  thing  in  rela- 
tion   to    which    it    shall    have    been    issued. 

§  84.  Maimer  of  service.  In  any  action  brought  by  any  depart- 
ment charged  with  the  enforcement  of  this  act  in  relation  to  a  hotel 
for  injunction,  vacation  of  the  premises  or  other  abatement  of  nui- 
sance, or  to  establish  a  lien  thereon,  it  shall  be  sufficient  service  of 
summons  to  serve  the  same  as  notices  and  orders  are  served  under  the 
provisions   of  the   Code   of   Civil  Procedure. 

§  85.  Minimum  recLuirements.  Supplementary,  Repealed.  Powers  of 
cities  not  abrogated.  The  provisions  of  this  act  shall  be  held  to  be  the 
minimum  requirements  adopted  for  the  protection,  the  health  and  the 
safety  of  the  community,  and  for  the  protection,  the  health  and  the 
safety  of  the  occupants  of  hotels.  Nothing  in  this  act  contained  shall  be 
construed  as  prohibiting  the  local  legislative  body  of  any  incorporated 
town,  incorporated  city,  incorporated  city  and  county,  or  county,  from 
enacting  from  time  to  time,  supplementary  ordinances  or  laws  impos- 
ing further  restrictions,  or  provitling  for  fees  to  be  charged  for  permits, 
certificates  or  other  papers  required  by  this  act;  but  no  ordinance,  law, 
regulation  or  ruling  of  any  municipal  department,  authority,  officer  or 
officers,  shall  repeal,  amend,  modify  or  dispense  with  any  of  the  pro- 
visions of  this  act. 

All  statutes  of  the  state  and  all  ordinances  of  incorporated  towns, 
incorporated  cities,  incorjiorated  cities  and  counties,  and  counties,  as 
far  as  inconsistent  with  the  provisions  of  this  act,  are  hereby  repealed; 
provided,  that  nothing  in  this  act  contained  shall  be  construed  as  re- 
pealing or  abrogating  any  present  ordinance  or  law  of  any  incorporated 
town,  incorjjorated  city,  incorporated  city  and  county,  or  county,  in  the 
state  which  further  restrict^  the  percentage  of  the  lot  to  be  covered  by 
a  hotel,  the*  number  of  stories  or  height  of  such  hotel  or  number  of 
rooms  therein,  the  occupation  thereof,  the  materials  to  be  used  in  its 
construction,  or  increasing  the  size  of  the  yards  or  courts,  the  floor  space 
to  eaeli  person  occui>ying  a  room,  the  requirements  as  to  sanitation,  ven- 
tilation, light  and  jirotection  against  fire. 

Notliing  in  this  act  contained  shall  be  construed  as  abrogating  dimin- 
ishing, minimizing  or  denying  the  power  of  any  incorporated  town  in 
corporated  city,  iiicorjiorated  city  and  county,  or  county,  by  ordinance 
or  law,  to  further  restrict  tlie  percentage  of  the  lot  to  be  covered  by  a 
hotel  witiiin  siiid  iiiiiiii(i|iilit  \ ,  tlic  iiniiiher  of  stories  or  height  of  such 
liotel  or  numlier  of  ruoiiis  liiereiii.  the  occupation  tiiereof,  the  materials 
to  be  used  in  its  construction,  or  increasing  the  size  of  the  yards  or 
courts,  the  floor  space  to  e;icii  person  occupying  'i  room,  the  requirements 
as  to  sanitation,   ventihition,   ligiil    ••iiid    |jrolei-tion    against   fire. 

§86.  Constitutionality.  It  iuiy  section,  subsection,  sentence,  clause 
or  [dirase  of  tliis  act  is  for  any  reason  held  to  be  unconstitutional,  such 


837  HOTELS.  Act  1532,  §  1 

decision  shall  not  affect  the  validity  of  the  remaining  portions  of  this 
act.  The  legislature  hereby  declares  that  it  would  have  passed  this  act, 
and  each  section,  subsection,  sentence,  clause,  and  phrase  thereof,  ir- 
respective of  the  fact  that  any  one  or  more  sections,  subsections,  sen- 
tences,  clauses,   or   phrases  be  declared  unconstitutional. 

§87.  In  effect  when.  This  act  sluili  take  effect  and  ))0  in  force  from 
and  after  September  1,  1917. 

§  88.     Repealed.     "An  act  to   regulate   the  building  and  occupancy  of 
liotels  and  lodging-houses  in  Incorporated  towns,  incorporated  cities,  and 
cities  and  counties,  and  to  provide  penalties  for  the  violation  thereof," 
approved  June  16,  1913,  Statutes  of  California  of  1913,  page  1429,  and 
all  acts  amending  said  act,  are  hereby  repealed. 

ACT   1531. 

An  act  relating  to  hotels,  defining  the  same,  providing  regulations  in 
connection  therewith,  providing  for  the  sanitation  of  the  rooms  of 
such  hotels,  providing  for  the  sanitary  method  and  manner  of  keep- 
ing, handling  and  using  bedclothes  or  bedcovering  in  such  hotels, 
repealing  all  acts  or  parts  of  acts  in  conflict  with  this  act,  providing 
for  its  enforcement  by  the  state  board  of  health  and  providing  a 
penalty  for  the  violation  of  any  of  its  provisions.  [Approved  April 
26,  1915.     Stats.  1915,  p.  213.] 

Eepealed  1917;  Stats.  1917,  p.  432.     See  next  Act. 

ACT  1532. 

An  act  relating  to  hotels,  defining  the  same,  providing  regulations  in 
connection  therewith,  providing  for  the  sanitation  of  the  rooms  of 
such  hotels,  providing  for  the  sanitary  method  and  manner  of  keep- 
ing, handling  and  using  bedclothes  or  bedcovering  in  such  hotels,' 
providing  for  its  enforcement  by  the  state  board  of  health  and  local 
health  officers,  prescribing  a  penalty  for  the  violation  of  the  pro- 
visions hereof;  and  repealing  an  act  entitled  "An  act  relating  to 
hotels,  defining  the  same,  providing  regulations  in  connection  there- 
with, providing  for  the  sanitation  of  the  rooms  of  such  hotels,  pro- 
viding for  the  sanitary  method  and  manner  of  keeping,  handling 
and  using  bedclothes  or  bedcovering  in  su'ch  hotels,  repealing  all  acts 
or  parts  of  acts  in  conflict  with  this  act,  providing  for  its  enforce- 
ment by  the  state  board  of  health,  and  providing  a  penalty  for  the 
violation  of  any  of  its  2)rovisions,"  approved  April  26,  1915. 

[Approved  May  11,  1917.     Stats.  1917,  p.  432.     In  efl'ect  July  27,  1917.  | 

§  1.  Hotel  defined.  Every  building  or  structure,  kept  as,  used  as, 
maintained  as,  or  advertised  as,  or  held  out  to  the  public  to  iSe,  a  place 
where  sleeping  or  rooming  accommodations  are  furnished  to  the  public, 
or  any  part  of  the  public,  whether  with  or  without  meals,  shall,  for  the 
purpose  of  this  act,  be  deemed  to  be  a  hotel,  and  whenever  the  word 
"hotel  "  shall  occur  in  this  acf,  it  shall  be  deemed  to  include  lodging- 
house  and  rooming-house. 


Act  1532,  §§  2-10  GENERAL    LAWS.  838 

§  2.  Clean  'bedding,  etc.  All  bedding,  bedclothes,  or  bedcovering,  in- 
cluding mattresses,  quilts,  blankets,  sheets,  pillows  or  comforters,  used 
in  any  hotel  in  this  state  must  be  kept  clean  and  free  from  all  filth  or 
dirt;  provided,  that  no  bedding,  bedclothes  or  bedcovering,  including 
mattresses,  quilts,  blankets,  sheets,  pillows  or  comforters,  shall  be  used 
which  is  worn  out  or  unfit  for  use  by  human  beings  according  to  the  true 
intent  and  meaning  of  this  act. 

§  3,  Infected  rooms  fumigated.  Any  room  in  any  hotel  in  this  state 
which  is  or  shall  be  infected  with  vermin  or  bedbugs  or  similar  things, 
shall  be  thoroughly  fumigated,  disinfected  and  renovated  until  such  ver- 
min or  bedbugs  or  other  similar  things  are  entirely  exterminated. 

§  4.  Clean  rooms.  Every  room  in  any  hotel  in  this  state  used  for 
sleeping  purposes,  must  be  kept  free  from  any  and  every  kind  of  dirt 
or  filth  of  whatsoever  nature,  and  the  walls,  floors,  ceilings  and  doors 
of  every  such  room  shall  be  kept  free  from  dirt. 

§  5.  Ventilation  devices.  Every  room  in  any  hotel,  used  for  sleep- 
ing purposes,  shall  have  devices,  such  as  a  window  or  transom,  so  con- 
structed as  to  allow  for  proper  and  a  sufficient  amount  of  ventilation  in 
each  such  room. 

§  6.  Size  of  sheets.  Every  bed,  for  the  accommodation  of  any  person 
or  persons  or  guests,  kept  or  used  in  any  hotel  in  this  state,  must  be 
provided  with  a  sufiticient  supply  of  clean  bedding  and  must  be  provided 
with  sheets  at  least  eighty-one  inches  wide  and  ninetj'-eight  inches  long; 
provided,  however,  that  on  every  single  bed  there  shall  be  sheets  at 
least  fifty  inches  wide  and  ninety-eight  inches  long.  Every  bed  shall 
be  supplied  with  clean  sheets  and  pillow  slips  as  often  as  assigned  to  a 
different  person. 

§7.  Individual  towels.  Every  hotel,  within  this  state,  having  a  pub- 
lic washstand  or  washbowl,  where  different  persons  gather  to  wash  them- 
selves, must  keep  a  sufficient  supply  of  clean  individual  towels  for  the 
use  of  such  persons  within  easy  access  of  or  to  such  persons  and  in 
plain  sight  and  view. 

§  8.  Penalty  for  violation.  Every  owner,  manager,  lessee  or  other 
person  in  charge  of  any  hold  in  this  state  who  shall  fail  to  comply  with 
this  act  whether  through  the  acts  of  his  agents  or  employees,  or  other- 
wise, shall  be  guilty  of  a  misdemeanor  and  upon  conviction  shall  be 
fined  not  more  than  two  hundred  dollars  or  shall  be  imprisoned  for  not 
more  than  three  mouths;  and  every  day  that  any  hotel  shall  be  kept 
in  violation  of  any  of  the  provisious  of  this  act  such  keeping  shall  con- 
stitute a  separate  oifense. 

§  9.  Enforcement.  It  shall  be  the  duty  of  the  state  board  of  healtli 
and  local  health  officers  to  enforce  the  provisious  of  this  act. 

§10.  Other  than  hotels.  Nothing  in  tliis  act  sliall  be  construed  to 
include  cots  or  bunks  where  the  same  are  used  in  places  other  than  in 
hotels. 


839  HOURS  OF  LABOR — IMMIGRATION.      ActS  1537,  1589 

§  11.  Stats.  1915,  p.  213,  repealed.  Au  act  of  the  legislature  entitled 
"An  act  relating  to  hotels,  defining  the  same,  providing  regulations  in 
connection  therewith,  providing  for  the  sanitation  of  the  rooms  of  such 
hotels,  providing  for  the  sanitary  method  and  manner  of  keeping,  hand- 
ling and  using  bedclothes  or  bcdcovering  in  such  hotels,  repealing  all 
acts  or  parts  of  acts  in  conflict  with  this  act,  providing  for  its  enforce- 
ment by  the  state  board  of  health,  and  providing  a  penalty  for  the 
violation  of  any  of  its  provisions,"  approved  April  26,  1915,  is  hereby 
repealed. 

TITLE  242. 
HOURS  OF  LABOR. 
ACT  1537. 

An  act  limiting  the  hours  of  labor  of  females  employed  in  any  manu 
faeturing,  mechanical  or  mercantile  establishment,  laundry,  hotel,  or 
restaurant,  or  telegraph  or  telephone  establishment  or  office,  or  by 
any  express  or  transportation  company;  compelling  each  employer 
in  any  manufacturing,  mechanical,  or  mercantile  establishment,  laun- 
dry, hotel  or  restaurant,  or  other  establishment  employing  any  female 
to  provide  suitable  seats  for  all  female  employees  and  to  permit 
them  to  use  such  seats  when  they  are  not  engaged  in  the  active 
duties  of  their  employment;  and  providing  a  penalty  for  failure, 
neglect,  or  refusal  of  the  employer  to  comply  with  the  provisions  of 
this  act,  and  for  permitting  or  suffering  any  overseer,  superintendent, 
foreman  or  other  agent  of  any  such  employer  to  violate  the  provi- 
sions or  this  act. 

[/Approved  March  22,   1911.     Stats.   1911,  p.   437.] 
Amended  1913,  p.  713;  1917,  p.  828. 
The  amendment  of  1917  follows: 

§  1.  Females  not  to  work  more  than  eight  hours  per  day.  Not 
applicable  to  nurses,  fruit-canning,  etc.  Xo  female  shall  be  employed 
in  any  manufacturing,  mechanical  or  mercantile  establishment,  laun- 
dry, hotel,  public  lodging-house,  apartment  house,  hopital,  place  of 
amusement,  or  restaurant  or  telegraph  or  telephone  establishment  or 
office,  or  by  any  express  or  transportation  company  in  this  state 
more  than  eight  hours  during  any  one  day  or  more  than  forty-eight 
hours  in  one  week.  The  hours  of  work  may  be  so  arranged  as  to  permit 
the  employment  of  females  at  any  time  so  that  they  shall  not  w^ork 
more  than  eight  hours  during  the  twenty-four  hours  of  one  day,  or 
forty-eight  hours  during  any  one  week;  provided,  however,  that  the 
provisions  of  this  section  in  relation  to  hours  of  employment  shall  not 
apply  to  or  affect  graduate  nurses  in  hospitals,  nor  the  harvesting,  cur- 
ing, canning  or  drying  of  any  variety  of  perishable  fruit,  fish  or  vege- 
table during  such  periods  as  may  be  necessary  to  harvest,  cure,  can  or 
dry  said  fruit,  fish  or  vegetable  in  order  to  save  the  same  from  spoiling. 
[Amendment  approved  May  23,  1917;   Stats.  1917,  p.  828.] 

TITLE  249. 

IMMIGRATION. 
ACT  1589. 

Au  act  relating  to  immigrants  and  immigration,  creating  a   commission 
of  immigration  and  housing,  providing  for  the  employment  by  said 


Act  1589,  §§  15-17  GENERAL    LAWS.  840 

eommissiou  of  a  secretary,  agents  and  other  employees,  authorizing 
said  commission  to  fix  their  compensation,  prescribing  the  duties  of 
said  commission,  providing  for  the  investigation  by  said  commission 
of  all  things  affecting  immigrants,  and  for  the  care,  protection  anl 
welfare  of  immigrants,  and  making  an  appropriation  for  the  purpose 
of  carrying  out  the  provisions  hereof. 

[Approved  June  12,  1913.     Stats.  1913,  p.  608.] 

Amended   191-5,  p.  81-8;   1917,  p.   1.514. 

The  amendment   of   1917  follows: 

§  15.     Immigration  and  housing  conunission  to  promote  city  planning. 

The  eommi.*sion  may  make  investigations  of  the  housing  of  immigrants 
and  working  people  and  of  city  planning  in  California  and  elsewhere, 
may  encourage  the  creation  of  local  city  planning  commissions  and  may 
furnish  information  2s  to  the  progress  of  other  cities  for  the  use  of  such 
commissions.  It  may  investigate  and  report  upon  defective  housing  and 
the  evils  resulting  therefrom  and  the  work  being  done  to  remedy  the 
same  in  California  and  elsewhere.  It  may  make  studies  of  the  opera- 
tion and  enforcement  of  building  and  tenement  house  laws,  of  housing 
finances  and  taxes,  of  zoning  and  districting  regulations  and  may 
promote  the  formation  of  organizations  intended  to  increase  the  supply 
of  wholesome  homes -for  the  people,  and  aid  in  the  enforcement  of  any 
laws  enacted  to  promote  the  purposes  for  which  the  commission  is 
established.      [New  section  added  May  31,  1917;  Stats.  1917,  p.  1514.] 

§  16.  Annual  report  of  city  planning  commissions.  Conference.  City 
planners.  It  shall  be  the  duty  of  each  and  every  city-planning  commission 
or  housing  commission  of  any  incorporated  city  or  town  in  the  state  of 
California  to  file  on  the  first  day  of  June  of  each  year  with  the  secretary 
of  the  commission  of  immigration  and  housing  of  California  a  complete 
report  of  its  transactions  and  recommendations  to  any  municipal  organiza- 
tion or  private  person  or  corporation  during  the  previous  year,  and  par- 
ticularly to  report  an^'  conflict  in  authority,  lack  of  co-operatiou  with  iocal 
municipal  authorities  or  with  adjoining  cities,  with  recommendations  for 
needed  legislation  to  properly  carry  on  the  development  of  their  housing 
and  city-planning  work.  The  commission  may  annually,  or  oftener,  call  a 
conference  of  representatives  of  these  commissions,  of  local  health 
officers,  housing  inspectors,  building  inspectors  or  such  other  municipal 
officers  as  it  shall  deem  advisable  to  carry  out  tlie  ^uirposes  of  this  act. 
The  commission  may  employ  city  planners  and  other  persons  whose 
salaries,  wages  and  other  necessary  expenses  of  the  commission  will  be 
provided  for  out  of  tlie  funds  at  the  disposal  of  the  commission.  [New 
sc<-fioii   ad<lcd   M:iy   :'.\,    1917;   Stats.   1917,   p.    1515.] 

§  17.  Annual  report.  Information  furnished.  Tlu'  commission  may 
Miiikc  an  anmiai  icport  on  housing  an<l  city  jihiiiiiiiig  to  tlie  governor, 
vvhicli  tlic  Htalf  iiriiitcr  siiall  (■;uisc  to  be  jiriuted  as  a  public  document, 
ami  copies  of  tliis  ic|M)rt  sliiill  he  (ilcil  witii  each  and  every  local  housing 
and  (•ity-[)!aiiiiiiig  commissinn  in  tlic  st:i1(^  of  California.  I'iio  commis- 
sion is  furtlicr  aiilhorizcd  to  InriiiNli  iiit(inii;irKin  and  suggestions  from 
time    to    lime    to    city    goveniiiiciits,    housing    ami    city    planning    commis- 


841  INFANTS.  Actlf)n,§14 

sions  and  other  public,  semi-public  or  private  bodies  such  as  may,  in  its 
judgment,  tend  to  promote  the  purposes  for  which  the  commission  is 
established.     [New  section  added  Ma}'  31,  1917;  Stats.  1917.  p.  1515.] 

TITLE  254. 

INFANTS. 
ACT  1611. 

An  act  regLihiting  the  (Miiployiucut  and  hours  of  labor  of  cliildren — pro- 
hibiting the  employment  of  minors  under  certain  ages — prohibiting 
the  employment  of  certain  illiterate  minors — providing  for  the  en- 
forcement hereof  by  the  commissioner  of  the  bureau  of  labor  statis- 
tics and  providing  penalties   for  the   violation  hereof. 

[Approved  February  20,  1905.     Stats.  1905,  p.  11.] 

Amended  1907,  pp.  598,  978;   1909,  pp.  211,  387;   1911,  pp.  282,  910; 
1913,  p.  364;   1915,  p.  1201;   1917,  p.  826. 

The  amendment  of  1917  follows: 

§  14.  Agricultural,  etc.,  labor.  Theatrical  employment.  Consent  of 
labor  commissioner.  Nothing  in  this  act  shall  be  construed  to  prohibit 
the  employment  of  minors  sixteen  years  of  age  or  over  at  agricultur'il, 
horticultural,  or  viticultural,  or  domestic  labor.  Nor  shall  anything  in 
this  act  be  construed  to  prohibit  the  employment  of  minors  at  agricul- 
tural, horticultural,  or  viticultural,  or  domestic  labor,  during  the  time 
the  public  schools  are  not  in  session,  or  during  other  than  school  hours. 
For  the  purpose  of  this  act,  horticultural  shall  be  understood  to  include 
the  curing  and  drying,  but  not  the  canning  of  all  varieties  of  fruit. 
Nor  shall  anything  in  this  act  be  construed  to  prohibit  any  minor  be- 
tween the  ages  of  fifteen  and  eighteen  years,  who  is  by  any  statute  or 
statutes  of  the  state  of  California,  now  or  hereafter  in  force,  permitted 
to  be  employed  as  an  actor,  or  actress,  or  performer  in  a  theater,  or  other 
place  of  amusement,  previous  to  the  hour  of  ten  o'clock  P.  M.,  in  the 
presentation  of  a  performance,  play  or  drama,  continuing  from  an  ear- 
lier hour  till  after  the  hour  of  ten-  o'clock  P.  M.  from  performing  his 
or  her  part  in  such  presentation  as  such  employee  between  the  hours  of 
ten  and  twelve  o'clock  P.  M.j  provided,  the  written  consent  of  the  com- 
missioner of  the  bureau  of  labor  statistics  is  first  obtained.  Nor  shall 
anything  in  this  act  prevent,  or  be  construed  to  prohibit,  the  employment 
of  any  minor,  whether  resident  or  nonresident,  in  the  presentation  of  a 
drama,  play,  performance,  concert  or  entertainment,  with  the  written 
consent  of  the  commissioner  of  the  bureau  of  labor  statistics,  but  no 
such  consent  shall  be  given  unless  the  officer  giving  it  is  satisfied  that 
the  environment  in  which  the  drama,  play,  performance,  concert  or  enter- 
tainment is  to  be  produced  is  a  proper  environment  for  the  minor,  and 
that  the  conditions  of  such  employment  are  not  detrimental  to  the  health 
of  such  minor,  and  that  the  minor's  education  will  not  be  neglected  or 
hampered  by  its  participation  in  such  drama,  play,  performance,  concert 
or  entertainment,  and  the  commissioner  may  require  the  person  charged 
with  the  issuance  of  age  and  schooling  certificates  to  make  the  necessary 
investigation  into  such  conditions;  and  every  such  written  consent  shall 


Acts  1624-1648  general,  laws.  842 

specify  the  name  and  age  of  the  minor  together  with  such  other  facts 
as  may  be  necessary  for  the  proper  identification  of  such  minor,  and  the 
dates  when,  and  the  theaters  or  other  places  of  amusement  in  which  such 
drama,  play,  performance,  concert  or  entertainment  is  to  be  produced, 
and  shall  specify  the  drama,  play,  performance,  concert  or  entertainment 
in  which  the  minor  is  permitted  to  participate,  and  every  such  consent 
shall  be  revocable  at  the  will  of  the  officer  giving  it.  Dramas  and  plays 
shall  include  the  production  of  motion  picture  plays.  [Amendment  ap- 
proved May  22,  1917;  State,  1917,  p.  826.] 

TITLE  255. 
INITIATIVE  AND  EEEERENDUM. 
ACT  1624. 

An  act  to  provide  for  direct  legislation  by  cities  and  towns,  including 
initiative    and   referendum. 

[Approved   .January   2,   1912.     Stats.   Ex.  Sess.   1911,  p.   131.] 

Amended  1915,  p.  319;   1917,  p.  655. 

The  amendment  of  1917  follows: 

§  2.  Not  applicable  to  street  proceedings.  This  act  is  not  intended  to 
apply  to  those  cities  having  a  freeholders'  charter  adopted  and  ratified 
under  the  provisions  of  section  eight  of  article  eleven  of  the  constitu- 
tion and  having  in  such  charter  provision  for  the  direct  initiation  of 
ordinances  by  the  electors;  nor  to  proceedings  had  for  the  improvement 
of  streets  in  or  rights  of  way  owned  by  municipalities,  the  opening  or 
closing  of  streets,  the  changing  of  grades  or  the  doing  of  other  work, 
the  cost  of  which  or  any  portion  of  which  is  to  be  borne  by  special 
assessments  upon  real  property.  [Amendment  approved  May  17,  1917; 
Stats.  1917,  p.  655.] 

TITLE  256. 
INSANE. 
ACT  163515. 

An  act  providing  for  the  removal  of  bodies  from  the  cemetery  at  the 
Stockton  State  Hospital  and  the  disposition  thereof,  and  making  an 
ay)propriation   therefor. 

[Approved  .Tune  1,  1917.     Stats.  1917,  p.  1661.     In  effect  July  31.  1917.] 

§  1.     Appropriation:  Removal  of  bodies  Stockton  State  Hospital.     Out 

of  any  money  in  tlie  state  treasury  not  otherwise  appropriated  the  sum 
of  five  thousand  dollars  is  hereby  appropriated,  to  bo  expended  in  ac- 
cordance with  law  in  the  removal  of  bodies  from  the  cemetery  at  the 
Stockton  State  Hospital  and  in  the  disposition  thereof  incident  to  such 
removal. 

ACT  1648. 

An  act  to  establish  an  institution  for  the  care,  confinement  and  instruc- 
tion of  feeble-minded  and  ejiileptic  persons;  to  provide  for  the  gov- 
eruriierit    and     inairilcnaucc    tlicrcof,    and    for    Die    study    of    mental 


843  INSANE.  Act  1648,  §§  1-7 

deficiency  and  related  problems;  to  provide  for  admission  and  com- 
mitment to  such  institution,  and  to  prescribe  penalties  for  unlawfully 
or  improperly  contriving  to  have  persons  adjudged  feeble-minded 
under  this  act;  to  provide  for  the  sterilization  of  inmates  of  such 
institutions;  to  prescribe  penalties  for  procuring  the  escape,  or  aid- 
ing or  advising  in  the  escape,  of  inmates,  or  concealing  inmates 
thereof;  to  provide  a  contingent  fund  for  the  use  of  such  institution 
and  to  make  an  appropriation  therefor. 

XApproved  June  1,  1917.     Stats.  1917,  p.  1623.] 

§  1.  Pacific  Colony  created.  There  is  hereby  created  an  institution 
to  be  known  as  the  Pacific  Colony  and  which,  is  hereby  declared  to  be  a 
corporation. 

§  2.  Board  of  trustees.  The  said  institution  shall  be  under  the  con- 
trol of  a  board  of  three  trustees,  to  be  appointed  by  the  governor,  one 
for  one  year,  one  for  two  years,  and  one  for  three  years,  and  thereafter 
for  terms  of  four  years  each,  to  hold  office  until  their  successors  are  re- 
spectively appointed  and  qualified.  The  governor  shall  fill  vacancies 
occurring  from  any  cause  in  the  membership  of  such  board,  and  the  first 
board  shall  be  appointed  within  thirty  days  after  this  act  takes  effect. 

§  3.  Chairman.  The  said  trustees  shall  annually  elect  from  their 
own  number  a  chairman  and  a  vice-chairman,  whose  terms  of  office  shall 
be  one  year  and  until  their  successors  shall  be  duly  appointed  and 
qualified. 

§4.  By-laws.  The  board  of  trustees  may,  from  time  to  time,  estab- 
lish such  by-laws,  rules  and  regulations,  not  inconsistent  with  the  laws 
of  the  state,  as  they  may  deem  expedient  for  the  efficient  management 
and  government  of  the  said  institution,  for  the  transaction  of  its  busi- 
ness and  the  holding  of  its  meetings.  , 

§  5.  Vacancy.  If  any  trustee  fail,  for  three  months,  to  attend  the 
regular  meetings  of  the  board,  unless  he  is  ill  or  absent  from  the  state, 
his  office  shall  become  vacant,  if  the  board,  by  resolution,  so  declare.  A 
copy  of  any  such  resolution,  certified  by  the  secretary  of  the  board,  must 
thereupon  be  forthwith  transmitted  to  the  governor. 

§6,  Compensation.  The  trustees  shall  be  entitled  to  receive  as  com- 
pensation for  their  services,  while  in  the  actual  discharge  of  their  duties 
as  such  trustees,  ten  dollars  per  day'  each;  provided,  that  the  total 
thereof  shall  not  exceed  two  hundred  forty  dollars  in  any  one  year  for 
any  trustee;  and  provided,  that  if  such  services  be  performed  on  two  or 
more  consecutive  days,  there  shall  in  such  ease  be  remuneration  paid  for 
one  day  only;  and  provided,  also,  that  the  trustees  shall  be  entitled  to 
receive,  in  addition  to  such  compensation,  all  of  their  necessary  expenses 
while  attending  to  the  business  of  the  institution. 

§7.  Superintendent.  Secretary.  The  board  of  trustees  shall  appoint 
a  superintendent,  not  of  tlieir  own  number,  who  shall  be  a  resident  of 
the  institution  and  shall  have  charge,  management  and  control  of  the 
same  and  of  its  property,  and  shall  have  the  charge,  control,  discipline 


Act  1648,  §§  8-11  GENERAL   LAWS.  844 

ami  training  of  its  inmates,  subject  to  the  direction  of  the  board  of 
trustees;  and  he  shall  give  a  bond  to  the  state  in  such  sum  and  with 
such  sureties  as  will  be  satisfactory  to  the  state  board  of  control,  for 
the  faithful  performance  of  his  duties.  The  board  of  trustees  shall  ap- 
point a- secretary  who  shall  iierform  such  duties  as  the  board  may  direct. 
The  superintendent  may  be  appointed  to  that  position. 

§  8.  Treasurer.  The  superintendent  shall,  subject  to  the  approval  of 
the  board  of  trustees,  employ,  with  power  to  discharge,  a.  treasurer  and 
such  other  officers  and  employees  as  he  may  consider  proper  and  neces- 
sary for  the  efficient  carrying  into  effect  of  the  design  of  the  said 
institution,  determine  their  titles,  and  prescribe  their  duties. 

§  9.  Duty  of  treasurer.  The  treasurer  shall  receive  and  disburse  all 
moneys  and  keep  account  of  the  same,  under  the  direction  of  the  board 
of  trustees,  but  subject  to  such  supervision  or  control  as  is  vested  by 
law  in  the  state  board  of  control,  and  he  shall  give  a  bond  to  the  state 
in  such  sum  and  with  such  sureties  as  will  be  satisfactory  to  the  state 
board  of  control  for  the  faithful  performance  of  his  duties. 

§  10.  Compensation  of  officers.  The  board  of  trustees  shall  fix  the 
compensation  of  the  superintendent,  whose  salary  shall  be  not  less  than 
three  hundred  dollars  per  month,  and  the  superintendent  shall  fix  the 
compensation  of  the  other  officers  and  employees,  subject  to  the  approval 
of  the  board  of  trustees. 

§  11.  Purchase  of  site.  The  board  of  trustees,  together  with  the 
superintendent,  are  hereby  empowered  and  instructed  to  purchase  on 
behalf  of  the  state,  in  the  territory  covered  by  and  included  within  the 
counties  of  Santa  Barbara,  Ventura,  Los  Angeles,  San  Bernardino, 
Orange,  Riverside  and  San  Diego,  for  the  use  of  the  said  institution,  such 
a  site  as  they  may  deem  most  advantageous,  of  preferably  not  less  than 
eight  hundred  acres,  subject  to  the  approval  of  the  state  board  of  con- 
trol as  to  the  purchase  price,  and  subject  to  such  approval,  the  said  board 
of  trustees  and  superintendent  may,  if  they  consider  it  advisable,  pur- 
chase water  rights  or  make  provision  for  the  development  of  water  for 
the  use  of  said  lands.  The  state  department  of  engineering  shall,  at  the 
request  of  the  board  of  trustees,  and  with  the  approval  of  the  state 
l)oard  of  control,  examine  into  the  matter  of  water,  light,  power  and 
sanitation,  and  the  engineering  problems  involved,  in  connection  with 
any  site  or  sites  the  board  may  investigate  with  a  view  to  purchasing, 
and  shall  report  thereon  to  the  board  of  trustees,  with  special  regard  to 
tlie  suital)leness  of  such  site  or  sites  for  the  purjjoses  of  the  institution. 

'Die  I'liiviTsify  (){'  < ';ilif()i  niii  slinll,  on  tlie  approval  of  the  state  board 
of  control,  lender  to  tlic  board  oi'  trustees  such  reasonable  assistance  as 
the  board  may  desire,  in  determining  the  quality  and  character  of  the 
soil  of  such  site  or  sites  for  agricultural,  horticultural  and  other  pur- 
poses, and  its  suitability  for  the  ])urj)oses  of  the  institution. 

The  said  trustees  and  superintendent,  the  said  state  department  of 
engineering,  and  the  said  university,  sliall  l)e  entitled  to  receive  their 
necessnry  ex[)eiiseH  in  connection  witli  said  investigations  and  the  selec- 
tion and  pur<-h;isi'  of  said  site. 


845  INSANE.  Act  104-8,,  §§  12-17 

§  12.  Buildings.  The  board  of  trustees  sliall  erect  the  buildings  for 
said  institution,  subject  to  such  supervision  or  control  as  is  by  law  vested 
in  the  state  department  of  engineering. 

§13.  Equipment,  etc.  The  board  of  trustees  is  authorized  and  re- 
quired to  purchase  such  equipment,  furniture,  supplies  and  materials,  as 
it  may  deem  suitable  for  the  proper  completion  and  furnishing  of  the 
said  buildings,  and  for  the  operation  and  maintenance  of  the  said  insti- 
tution, subject  to  such  supervision  or  control  as  is  by  law  vested  in  the 
state  board  of  control  and  the  state  purchasing  agent. 

§  14.  Donations  and  bequests.  The  said  institution  may  take  and 
hold  in  trust  for  the  state  any  grant  or  devise  of  land,  or  any  donation 
or  bequest  of  money  or  other  personal  property,  heretofore  or  hereafter 
granted,  devised,  donated,  or  bequeathed  to  the  use  of  the  institution, 
and  shall  dispose  of  the  same  in  accordance  with  the  wishes  of  the  donor, 
or  testator,  if  expressed,  and  if  no  condition  be  attached  thereto,  or  in 
so  far  as  any  wishes  expressed  do  not  prevent,  then  to  invest  and  rein- 
vest the  same,  or  to  change  the  investment  thereof,  as  to  the  board  of 
trustees  may  seem  best,  and  to  use  the  income  arising  therefrom  for  the 
best  interests  of  the  institution. 

§  15.  Forms  for  admission  of  inmates.  Tlie  board  of  trustees  shall 
prescribe  and  publish  instructions  and  form,  in  relation  to  the  commit- 
ment and  admission  of  inmates,  and  may  include  in  them  such  interroga- 
tories to  be  answered  as  it  may  deem  necessary  or  useful;  which  instruc- 
tions and  forms  shall  be  furnished  to  anyone  applying  therefor,  and  shall 
also  be  sent  in  sufficient  numbers  to  the  county  clerks  of  the  several 
counties  of  the  state. 

§  16.  Who  are  "feeble-minded."  The  following  persons,  if  not  insane, 
shall  be  held  to  be  "feeble-minded"  within  the  meaning  of  this  act: 

(a)  Those  who  are  so  mentally  deficient  that  they  are  incapable  of 
managing  themselves  and  their  affairs  independently,  with  ordinary 
prudence,  or  of  being  taught  to  do  so,  and  who  require  supervision,  con- 
trol, and  care,  for  their  own  welfare,  or  for  the  welfare  of  others,  or  for 
the  welfare  of  the  community;  or 

(b)  Those  whose  intelligence  in  the  judgment  of  one  or  more  psycholo- 
gists, when  they  have  been  examined  by  such  psychologist  or  psycholo- 
gists making  use  of  standardized  psychological  tests  and  whatever 
supplementary  material  may  be  available,  will  not  develop  bej'ond  the 
level  of  the  average  ohild  of  twelve  years. 

§  17.  Petition  to  superior  court  for  order  admitting  person.  When- 
ever any  parent,  guardian  or  other  person  charged  with  the  support  of 
a  supposedly  feeble-minded  person  who  is  not  insane,  or  an  epileptic 
under  twenty-one  years  of  age,  desires  such  person  to  be  admitted  into 
the  said  institution,  he  may  petition  the  superior  court  of  the  county  in 
which  such  person  resides  for  an  order  admitting  such  person  thereto; 
the  petition  shall  disclose  his  reasons  for  supposing  such  person  to  be 
eligible  for  admission  thereto,  and  shall  be  verified  by  the  affidavit  of 
the  petitioner.  Or  whenever  any  peace  officer  desires  any  such  sup- 
posedly  feeble-minded    or   epileptic   person    to    be    so    admitted,   he    may 


Act  1648,  §§  18-20  general  laws.  846 

petition  the  said  court  as  aforesaid  for  an  order  therefor;  provided,  he 
shall  have  given  two  days  previous  written  notice  of  the  date  of  the 
presentation  of  the  petition,  personally  or  by  United  States  mail,  to  such 
parent,  guardian  or  other  person  charged  with  such  support,  if  known  to 
him,  and  if  not  so  known,  then  to  some  other  relative  or  friend,  if  any 
known  to  him,  residing  in  the  said  county,  an  affidavit  whereof,  together 
with  the  names,  addresses  and  relationship  of  the  parties  so  notified,  and 
the  facts  of  his  said  knowledge  or  want  of  knowledge,  shall  be  filed 
with  the  petition. 

§  18.  Warrant  for  arrest.  The  court  may  cause  a  warrant  to  issue  for 
the  arrest  and  delivery  to  the  court  of  such  supposedly  feeble-minded  or 
epileptic  person,  whenever  considered  advisable  or  necessary,  and  have 
the  same  executed  by  anypeace  officer. 

§  19.  Examination  of  person.  Order  of  conunitment.  The  judge  of 
the  said  court  must  inquire  into  the  condition  or  status  of  such  sup- 
posedly feeble-minded  or  epileptic  person,  for  which  puri>ose  he  may  by 
subpoena  require  the  attendance  before  him  of  a  clinical  psychologist  and 
a  reputable  physician,  or  one  of  each,  or  two  of  either,  to  examine  such 
person  and  testify  as  to  his  or  her  mentality.  Such  physicians  must  have 
made  a  special  study  of  mental  deficiency  and  be  qualified  to  act  as 
"medical  examiners."  The  said  judge  may  also  by  subpoena  require  the 
attendance  of  such  other  persons  to  give  evidence  as  he  may  deem  advis- 
able, and  if  the  judge  find  such  person  to  be  a  feeble-minded  person,  as 
defined  by  section  sixteen  of  this  act,  or  an  epileptic  person  under 
twenty-one  years  of  age,  and  that  such  person  has  been  a  resident  of 
the  state  for  at  least  one  year  next  preceding  the  presentation  of  the 
petition,  such  judge  may  make  an  order  of  commitment  to  said  institu- 
tion, and  on  the  presentation  of  such  order  the  superintendent  must  re- 
ceive such  person  therein;  provided,  that,  in  the  opinion  of  the  board  of 
trustees,  the  condition  of  such  person,  the  accommodation  at  the  said 
institution,  and  the  state  of  its  finances,  be  such  as  to  justify  the  re- 
ceiving of  such  person.  Pending  the  said  investigation  the  said  sup- 
posedly feeble-minded  or  epileptic  person  may  be  left  in  charge  of  the 
parent,  guardian  or  other  suitable  person  or  in  a  detention  home. 

§  20.  Order  to  pay  expenses.  Tiie  judge  shall  attach  to  the  order  of 
commitment  his  findings  and  conclusions,  together  with  all  the  social  and 
other  data  ho  may  have  bearing  upon  the  case,  and  the  same  shall  be 
delivered  to  the  said  institution  with  such  order.  The  judge  must  in- 
quire into  the  financial  condition  of  the  parent,  guardian  or  other  person 
charged  with  the  support  of  any  such  person,  and  if  he  find  him  able  to 
do  so,  in  whole  or  in  part,  he  must  make  a  further  order,  requiring  him 
or  her  to  pay,  to  the  extent  the  judge  may  consider  him  or  her  able  to 
pay,  the  expenses  of  the  proceedings  in  connection  with  the  investiga- 
tion, detention  and  commitment  of  such  person,  and  the  expenses  of  the 
delivery  thereof  to  the  institution,  and  to  pay  to  the  institution,  at 
stated  periods,  such  sums  as,  in  the  opinion  of  the  judge,  are  proper, 
during  such  time  as  the  persou  may  remain  in  the  institution.  This 
order  may  be  enforced  by  such  furtlicr  orders  us  the  judge  deems  neces- 
sary, and  may  be  varied,  altered  or  revoked  in  his  discretion. 


847  INSANE.  Act  1648,  §§21-26 

§  21.  Petitioner  to  pay,  when.  In  case  of  the  dismissal  of  the  said 
petitioner,  the  judge  may,  if  he  considers  the  petition  to  have  been  filed 
with  malicious  intent,  order  the  petitioner  to  pay  the  expenses  in  con- 
nection therewith,  and  may  enforce  the  same  by  such  further  orders  as 
he  may  deem  necessary. 

§  22.  Penalty.  Any  one  who  shall  knowingly  contrive  to  have  any 
person  adjudged  feeble-minded  under  this  act,  unlawfully  or  improperly, 
shall  be  deemed  guilty  of  a  misdemeanor. 

§  23.  Feeble-minded  boy  or  girl  before  juvenile  court.  When  a  boy 
or  girl  is  brought  before  a  juvenile  court  under  the  juvenile  court  law, 
if  it  appear  to  the  court,  either  before  or  after  adjudication,  that  such 
person  is  feeble-minded  within  the  meaning  of  this  act;  or  if  on  the 
conviction  of  any  person  of  crime  by  any  court  it  appear  to  the  court 
that  such  person  is  feeble-minded  as  aforesaid,  the  court  may  adjourn 
the  proceedings  or  suspend  the  sentence,  as  the  case  may  be,  and 
direct  some  suitable  person  to  take  proceedings  under  this  act  against 
the  person  before  the  court,  and  the  court  may  order  that,  pending  the 
preparation,  filing,  and  hearing  of  the  petition,  the  person  before  the 
court  be  detained  in  a  place  of  safety,  or  be  placed  under  the  guard- 
ianship of  some  suitable  person,  on  his  entering  into  a  recognizance 
for  the  appearance  of  the  person  upon  trial  or  under  conviction  when 
required.  If  upon  the  hearing  of  the  petition,  or  upon  a  subsequent 
hearing  under  this  act,  the  person  upon  trial  or  under  conviction  be 
not  found  to  be  feeble-minded,  the  court  may  proceed  with  the  trial 
or  impose   sentence,  as  the   case  may  be. 

§  24.  Persons  admitted  for  observation.  The  superintendent  may 
admit  to  the  Pacific  Colony  temporarily,  without  commitment,  under 
such  rules  and  regulations  as  the  board  of  trustees  may  prescribe,  for 
purposes  of  observation  and  testing,  such  persons,  as  are  suspected  of 
being  feeble-minded,  to  acertain  whether  or  not  they  are  actually 
mentally  defective,  and  proper  cases  for  care,  treatment  and  training 
in  an  institution  for  the  feeble-minded,  and  if  such  is  found  to  be  the 
case,  application  may  be  made  to  the  superior  court  for  an  order  of 
commitment  of  such  persons  to  such  an  institution.  On  presentation 
of  an  affidavit  or  affidavits  of  the  facts  upon  which  such  opinion  is 
based,  the  judge  of  the  said  court  may  make  such  order. 

§  25.  Witness  fees.  Each  psychologist  and  physician  shall  be  en- 
titled to  receive  for  each  attendance  mentioned  in  section  nineteen 
the  sum  of  five  dollars  for  each  person  examined,  together  with  his 
necessary  actual  expenses  occasioned  thereby,  and  other  witnesses 
shall  be  entitled  to  receive  for  such  attendance  such  fees  and  ex- 
penses as  the  court  in  its  discretion  may  allow,  if  any,  not  exceeding 
the  fees  and  expenses  allowed  by  law  in  other  cases  in  the  said 
courts. 

§  26.  Payment  by  county  treasurer.  Any  fees  or  traveling  expenses 
payable  to  a  psychologist,  physician,  or  witness  as  aforesaid,  and  all 
expenses  connected  with  the  execution  of  any  process  under  this  act, 
which    may    not    be    paid    by    the    parent,    guardian    or    person    charged 


Act  1648,  §§  27-30  general  laws.         '  848 

with  the  support  of  the  said  supposed  feebie-minded  or  epileptic  per- 
son, shall  be  paid  by  the  county  treasurer  of  the  county  in  which  such 
person  resides,  upon  the  presentation  to  the  treasurer  of  a  certificate 
of  the  said  judge  that  the  party  is  entitled  thereto. 

§  27.  Ti'aiisfer  to  or  from  state  hospital  for  insane.  The  said 
board  of  trustee,  when  it  shall  deem  desirable,  owing  to  the  mental 
condition  of  an  inmate  of  the  Pacific  Colony,  may,  with  the  approval 
of  the  state  commission  in  lunacy,  transfer  such  inmate  to  a  state 
hospital  for  the  insane,  provided  that  on  due  investigation  by  such 
commission,  the  commission  shall  consider  such  inmate  a  fit  subject 
therefor.  And  the  said  commission,  whenever  on  due  observation  and 
investigation  it  shall  consider  a  patient  in  any  state  hospital  for  the 
insane  eligible  for  commitment  to  the  Pacific  Colony  may  with  the 
approval  of  the  said  board  of  trustees,  transfer  such  patient  thereto, 
for  care  and  treatment  therein. 

§  28.     Transfer    to    or    from    Sonoma    State    Home.     Inmates  of  the 

Sonoma  State  Home  may  be  transferred  to  the  Pacific  Colony,  and 
inmates  of  the  Pacific  Colony  may  be  transferred  to  the  Sonoma  State 
Home,  at  any  time  and  from  time  to  time  as  may  be  agreed  upon  by 
the  boards  of  trustees  of  the  two  institutions,  upon  the  application  of 
the  parent,  guardian  or  other  persons  charged  with  the  support  of 
such  inmate,  provided  he  pay  the  expenses  thereof,  and  may,  with 
the  approval  of  the  state  board  of  control,  be  so  transferred  without 
such  application  and  without  such  payment,  in  which  latter  case  the 
expenses  thereof  shall  be  paid  by  either  or  both  of  such  institutions 
as  may  be  determined  by  the  state  board  of  control. 

§  29.  Liability  for  support  unchanged.  In  the  event  of  the  trans- 
fer of  any  inmate  or  patient  as  provided  in  sections  twenty-seven 
and  twenty-eight  of  this  act  the  liability  of  any  estate,  person  or 
county  for  the  care,  support  and  maintenance  of  such  person,  shall  be 
the  same  to  the  institution  to  which  the  person  is  transferred  as  it 
was   to  the  institution   from   which   the  transfer  is  made. 

§  30.  Execution  of  writ  of  commitment.  It  shall  be  the  dnty  of 
tlic  sliorifl'  of  any  county  wherein  an  order  is  made  by  the  jvrdge  of 
the  sujierior  court  committing  any  person  to  the  Pacific  Colony,  or  of 
any  other  jjerson  designated  by  the  said  judge,  to  execute  the  writ 
of  commitment,  ami  to  receive  as  compensation  therefor  such  fees  as 
are  now  or  rnny  iicre:il'tei-  \>v  provided  by  law  for  the  transportation 
of  prisoners  to  tiic  state  prison;  provided,  tlint  in  all  cases  the  parent, 
guardian  or  ntlicr  [icison  charged  with  the  sn|i|i(ii-t  of  such  person 
may,  at  iiis  (ijilion.  witii  t  lu>  approval  oT  the  said  Judge,  and  in  all 
••ases  where  he  is  aide  or  tiie  estate  of  sucii  j)crson  is  sullicicnt,  shall, 
if  the  said  jndgi'  n|i|ii-o\c,  without  expense  to  the  county  or  state, 
execute  said  writ,  after  Ixdny  duly  sworn  tliiMefor,  witli  like  effect 
and  with  like  jjowers  as  tiie  slicrilV  would  have;  but  no  su(di  person, 
being  a  female,  shall  be  tnkcn  to  the  said  colony  by  any  male  person 
not  lior  husband,  Inthcr,  brother  or  son,  without  the  attendance  of 
some    woman    of    good    chaiacter    and    mature    age,    chosen   for   the    pur- 


849  INSANE.  Act  1648,  §§  31-35 

])osc   by   the   judge,  which    woiiian   sliall,    if   the    jiulge   see    fit,   be   paid 
therefor    such    reasonable    remuneration    as    he    may    allow. 

§31.  Payments  by  county.  For  each,  person  committed  to  the 
Pacific  Colony  there  shall  be  paid  by  the  county  from  which  he  is  com- 
mitted, to  the  state  treasurer,  the  sum  of  fifteen  dollars  monthly,  for 
and  during  each  month  or  part  of  month  such  person  so  committed 
remains  an  inmate  of  the  institution,  in  case  the  payments  herein 
provided  to  be  made  by  the  parent,  guardian  or  other  person  charged 
with  the  support  of  any  such  person  should  not  be  made,  and  to  the 
extent   they   are   not   made,   not   exceeding   fifteen   dollars   per  month. 

§  32.  Statement  by  county  auditor.  Each  county  auditor  must  in- 
clude in  his  state  settlement  report,  rendered  to  the  controller  in  the 
months  of  May  and  December,  the  amount  due  under  this  act.  by 
reason  of  commitment  to  the  Pacific  Colony,  and  the  county  treasurer, 
at  the  time  of  the  settlement  with  the  state  in  such  months,  must  pay 
to  the  state  treasurer,  upon  the  order  of  the  controller,  the  amounts 
found  to  be  due  by  reason  of  the  commitments  herein  referred  to. 

§  33.  When  others  may  be  admitted.  Whenever  the  accommoda- 
tions of  the  Pacific  Colony  permit,  and  if  such  action  does  not  conflict 
with  the  interest  or  welfare  of  committed  cases,  the  board  of  trustees, 
without  judicial  commitment,  and  upon  such  terms  as  may  appear  to 
said  board  to  be  to  the  best  interests  of  the  state,  may  admit  to  said 
institution  epileptics,  of  any  age,  and  also  such  other  persons  as  are, 
under  the  provisions  of  tliis  act,  eligible  for  admission  to  said 
institution. 

§  34.  Transfer  from  state  schools.  Any  boy  who  has  been  or  may 
hereafter  be  committed  to  the  Preston  School  of  Industry,  or  the 
Whittier  State  School,  or  any  girl  who  has  been  or  may  hereafter  be 
committed  to  the  California  School  for  Girls  at  Ventura,  or  to  any 
similar  institution  now  or  hereafter  created,  who  comes  within  the 
provisions  of  this  act,  may,  on  application  to  a  judge  of  the  superior 
court  of  the  county  in  which  such  person  may  be  located,  by  the 
superintendent  of  the  institution  to  which  he  or  she  has  been  com- 
mitted, be  discharged  from  such  last  mentioned  institution,  and  be 
recommitted,  for  an  indeterminate  period,  to  the  Pacific  Colony  to  the 
Sonoma  State  Home  or  to  any  similar  institution  hereafter  created; 
provided,  the  findings  of  the  judge  and  the  opinion  of  the  board  of 
trustees  of  the  institution  to  which  such  boy  or  girl  is  sought  to  be 
committed  are  the  same  as  on  the  commitment  to  and  receiving  into 
the  Pacific  Colony  of  other  persons  as  aforesaid;  and  provided,  that 
there  shall  have  been  served  upon  such  relatives  of  said  boy  or  girl, 
or  upon  such  other  persons  and  in  such  manner  as  the  said  judge  may 
deem  necessary  or  proper,  such  notice  of  the  application  as  he  shall 
consider  sufficient,  in  order  to  enable  them  to  be  heard  on  the 
application. 

§  35.     Object    of    colony.     The    object    aimed    at    in    the    Pacific    Col- 
ony shall  be  such  care  and  training  of  its  inmates  as  to  render  them  more 
54 


Act  1648,  §§36-42  general  laws.  850 

useful    and   happy,    and   tend    to    make    them   as    nearly    self-supporting 
as  their  level  of  intelligence  may  permit. 

§  36.  Manufacture  of  furniture,  etc.  The  Pacific  Colony  may  manu- 
facture or  raise  for  sale,  such  articles  of  furniture,  supplies  or  produce 
as  may  be  used  in  the  said  or  any  other  state  institution,  subject  to 
the  approval  and  under  the  control  of  the  state  board  of  control. 

§  37.  Disposition  of  funds.  All  moneys  received  from  the  sale  of 
articles  of  furniture,  supplies  or  produce  as  provided  in  section  thirty- 
six  of  this  act  shall  be  paid  to  the  state  treasurer,  to  be  placed  in 
the  contingent  fund  to  the  credit  of  the  said  colony  and  for  its  use. 

§  38.  Department  for  clinical  diagnois.  The  Pacific  Colony  shall 
have  a  department  for  the  clinical  diagnosis  of  inmates,  and  their 
subsequent  classification  and  observation,  with  a  view  to  their  proper 
segregation    and    treatment. 

§  39.  Examination  of  inmate  before  discharge.  The  superintendent 
shall,  at  least  two  weeks  before  the  discharge  of  any  inmate,  have  made, 
by  a  trained  clinical  psychologist,  an  examination  of  the  mental  con- 
dition of  such  inmate,  and  a  permanent  record  thereof  shall  be  kept  in 
the  office  of  the  superintendent;  which  record  shall  be  open  to  the  in- 
spection of  all  state  boards  or  commissioners  authorized  by  law  to  in- 
vestigate or  inspect  the  institution. 

§  40.  Biennial  report  of  superintendent.  The  superintendent  shall 
issue,  at  the  end  of  each  period  of  two  years,  a  report  of  the  work  done 
during  that  period,  giving  the  number  of  inmates  received  within  that 
time,  their  sex,  nativity,  residence,  date  of  reception,  level  of  intelligence 
determined  as  aforesaid,  and  the  results  of  the  investigations  that  may 
have  been  made;  such  report  shall  also  give  the  number  of  inmates  dis- 
charged during  that  period,  with  the  date  and  reason  therefor,  and  the 
names  of  all  paying  inmates,  the  amounts  charged  for  them,  and  the 
amounts  received  therefrom,  together  with  such  other  information  or 
suggestions  as  shall  be  required  by  the  board  of  trustees  or  the  state 
board  of  control,  or  to  the  superintendent  may  seem  desirable;  which 
report  shall  be  kept  on  file  in  the  office  of  the  superintendent,  but  shall 
not  be  printed.  A  copy  of  such  report  shall  be  sent  to  the  governor, 
along  with  the  biennial  report  of  the  board  of  trustees,  and  may  be 
printed  for  the  use  of  the  legislature  or  for  distribution;  provided,  the 
names  of  the  inmates  are  not  given  or   their  identity   made   evident, 

§  41.  Discharge  of  inmates.  The  board  of  trustees  may  discharge,  or 
the  superinti'iidciit  may  grant  a  temporary  leave  of  absence  to,  any  in- 
mate at  any  time. 

§  42.  Sterilization  before  discharge.  Before  any  inmate  who  has 
boon  committed  to  the  Pacific  Colony,  and  who  is  feeble-minded  or  is 
afflicted  with  incurable  chronic  mania  or  dementia,  shall  be  released  or 
discharged  therefrom,  the  board  of  trustees  on  the  recommendation  of 
the  superintendent  approved  by  a  clinical  psychologist  holding  the  degree 
of  Ph.D.  and  a  physician  qualified  to  serve  under  section  nineteen  of  this 
act,  after  they  shall  have  made  a  careful  investigation  of  all  the  circum- 


851  INSANE.  Act  1648,  §§  43-47 

stances  of  the  case,  may  cause  such  person  to  be  sterilizedj  and  such 
sterilization,  whether  with  or  without  the  consent  of  the  inmate,  shall 
be  lawful,  and  shall  not  render  the  said  commission,  or  its  members,  or 
any  person  participating  in  the  operation,  the  said  trustees,  the  said 
colony,  or  any  of  its  oliicers  or  employees,  liable   civilly  or  criminally. 

§  43.  Actiou  against  trustees,  etc.  No  civil  action  shall  be  brought 
against  the  trustees,  the  superintejident,  or  any  other  officer  or  employee 
of  the  said  colony,  because  of  any  act  done  or  failure  to  perform  any  act 
while  dischargiug  his  official  duties,  without  leave  of  the  controller 
hrst  had  or  obtained.  Any  just  claim  for  damages  against  such  trustee, 
superintendent,  officer  or  employee,  for  which  the  state  would  be  legally 
or  equitably  liable,  may  be  paid  out  of  any  moneys  appropriated  for 
the   said   institution. 

§  44.  Penalty  for  bringing  drugs  or  liquor.  Any  person,  not  au- 
thorized by  law,  who  brings  into  the  said  colony,  or  within  the  grounds 
adjoining  or  adjacent  thereto,  any  opium,  morphine,  cocaine,  or  other 
narcotic,  or  any  intoxicating  liquor  of  any  kind  whatever,  except  for 
medicinal  or  mechanical  purposes,  or  any  firearms,  weapons  or  explosives 
of  any  kind,  is  guilty  of  a  misdemeanor. 

§  45.  Penalty  for  aiding  escape.  If  any  person  procure  the  escape  of 
any  male  inmate  of  the  said  colony,  or  advise,  connive  at,  aid  or  assist 
in  such  escape,  or  conceal  any  such  inmate  after  such  escape,  or  if  any 
person  advise  or  connive  at  the  escape  of  any  female  inmate  of  the  said 
colony,  he  or  she  is  guilty  of  a  misdemeanor;  and  if  any  person  procure 
the  escape  of  any  female  inmate  of  the  said  colony,  or  aid  or  assist  in 
such  escape,  or  conceal  such  female  inmate  after  such  escape,  he  or  she 
is  guilty  of  a  felony. 

§  46.  Trustees,  etc.,  not  to  be  interested  in  contracts.  No  trustee  or 
employee  of  the  said  colony  shall  be  personally,  directly  or  indirectly, 
interested  in  any  contract,  purchase  or  sale  made,  or  any  business  carried 
on,  in  behalf  of  or  for  said  institution.  All  contracts,  purchases  or  sales 
made  in  violation  of  this  section  shall  be  held  and  declared  null  and 
void,  and  all  moneys  paid  to  such  trustee,  employee,  or  any  other  person, 
for  his  benefit,  in  whole  or  in  part,  in  consideration  of  such  purchases, 
contracts  or  sales  made,  may  be  recovered  by  civil  suit,  to  be  instituted 
in  the  name  of  the  state  of  California  against  such  trustee,  employee 
or  person  acting  in  his  behalf;  and  in  addition,  it  is  hereby  made  the 
duty  of  the  governor  or  the  board  of  trustees,  as  the  case  may  be,  upon 
satisfactory  proof  of  the  fact  of  such  interest,  to  immediately  remove 
the  trustee  or  employee  delinquent  as  aforesaid,  and  to  report  the  facts 
to  the  attorney  general,  wiio  shall  take  such  legal  steps  in  the  premises 
as  he  shall   deem  expedient. 

§  47.  Exempt  from  control  of  state  commission  in  lunacy.  The  Pacific 
Colony,  its  inmates,  officers,  employees  and  property  are  hereby  declared 
to  be  exempt  from  the  operation  of  chapter  one,  title  five,  part  three 
of  the  Political  Code,  and  free  from  the  supervision,  inspection  or  con- 
trol of  the  state  commission  in  lunacy. 


Act  1648a,  §§  1, 2  general  laws.  852 

§  48.  Appropriation.  There  is  hereby  appropriated  out  of  any  money 
in  the  state  treasury  not  otherwise  appropriated,  the  sum  of  two  hun- 
dred fifty  thousand  dollars   ($250,000)   for  the  purposes  of  this  act. 

§  49.  Payment.  The  controller  of  the  state  is  hereby  directed  on 
requisition  of  the  board  of  trustees,  duly  audited  by  the  state  board 
of  control,  to  draw  his  warrant  on  the  state  treasurer  in  favor  of  the 
board  of  trustees  for  any  moneys  duly  appropriated,  to  pay  for  the 
expenditures  in  the  establishment  and  maintenance  of  the  said  colony, 
and  the  said  treasurer  is  directed  to  pay  the  same  from  the  appropria- 
tions provided  therefor. 

§  50.  Validity.  The  invalidity  of  any  part  of  this  act  shall  not  be 
construed  to  affect  the  validity  of  any  other  part  capable  of  having 
practical  operation  and  effect  without  the  invalid  part. 

ACT   1648a. 

An  act  to  authorize  and  empower  the  board  of  managers  of  the  Agnews 
State  Hospital  to  grant,  under  the  conditions  herein  provided,  to 
the  Southern  Pacific  Railroad  Company,  a  corporation,  a  right  of 
way  and  easement  for  the  purpose  of  constructing,  maintaining  and 
operating  an  industrial  spur  track  over,  along  and  upon  a  strip  of 
land  situate  in  the  county  of  Santa  Clara  and  belonging  to  the  state 
of  California. 

[Approved  May  5,   1917.     Stats.   1917,  p.  251.     In  effect  July  27,   1917.] 

§  1.  Board  of  managers  of  Agnews  State  Hospital  may  grant  right  of 
way.  The  board  of  managers  of  the  Agnews  State  Hospital  is  hereby 
authorized  and  empowered,  in  its  discretion,  under  the  conditions  herein 
provided,  to  grant  to  the  Southern  Pacific  Railw^ay  Company,  a  corpora- 
tion, a  right  of  way  and  easement  for  the  purpose  of  constructing,  main- 
taining and  operating  an  industrial  spur  track  to  the  adjacent  property 
of  Western  Grain  and  Sugar  Products  Company,  a  corporation,  over, 
along  and  upon  a  strip  of  land  not  to  exceed  thirty  feet  in  width,  situate 
along  the  northerly  and  easterly  boundaries  of  the  land  owned  by  the 
state  of  California  whereon  said  Agnews  State  Hospital  is  located,  in 
the  county  of  Santa  Clara,  in  said  state,  together  with  the  right  to  con- 
nect such  spur  track  with  its  existing  line  of  railroad  along  and  upon 
the  arc  of  a  curve  having  a  radius  no  greater  lliaii  that  of  the  spur 
track   mentioned   in   section    two    lioreof. 

§2.  Conditions.  Such  giant  sliall  lie  iiiiule  only  upon  llic  liapponiug 
of  the  following  conditions  precedent,  namely;  The  said  Soutliern  Pacific 
Railway  Company  shall  agree  and  bind  itself,  so  soon  as  said  spur  track 
.shall  he  complctcil  Mnd  in  i  oiidition  to  oiiciatc,  to  take  up  and  remove 
from  th(!  stri|)  of  hind  knciwii  as  Scott  lane,  and  also  sometimes  called 
the  Old  Jjick  Mills  road,  all  of  the  ties,  rails  and  roadbed  of  the  existing 
spur  track  thereon,  situate  northerly  and  easterly  of  the  point  where 
the  spur  track  running  to  said  state  hoS[)ital  departs  from  said  Scott 
laJU',  ami  to  icniove  the  em])ankmcnt  wliereon  said  portion  of  said  spur 
track  to  be  removed  is  now  constructed.  Said  company  shall  further 
agree  and   bind  itself  so   to  construct  such  proposed  new  spur  track  as 


853  INSECTS — INSURANCE.       Acts  165],  1667,  §  7 

to  provide  ample  facilities  thereunder  for  the  free  and  unimpeded  flow 
and  drainage  of  the  storm  waters  usually  and  ordinarily  cast  upon  said 
lands  of  the  state  in  times  of   heavy  and  prolonged  rainfall. 

TITLE   257. 

INSECTS. 
ACT  1651. 

An  act  to  prevent  the  importation  into  or  tiansportation  through  the 
state  of  California  of  insects  injurious  to  cultivated  crops,,  provid- 
ing exemption  for  sjiecific  scientific  purposes,  fixing  the  authority 
to  grant  such  exemption  and  providing  a  penalty  for  a  violation  of 
the  terms  of  this  act. 

[Approved  May  H,  1917.     Stats.   1917,   p.  271.     In  effect  July  27,   1917.] 

§  1.  Importation  of  injurious  insects  forbidden.  No  person,  firm  or 
corporation  shall  bring  into  the  state  of  California,  nor  shall  any  rail- 
road, steamship,  express  or  other,  transportation  company  knowingly 
transport  into  the  state  of  California  from  any  state,  territory  or  district 
in  the  United  States,  or  from  any  foreign  country,  or  from  one  point 
or  place  in  the  state  of  California  to  another  point  or  place  therein,  any 
cotton  boll  weevil,  gypsy  moth,  or  any  insect  in  a  live  state  which  is 
injurious  to  cultivated  crops,  or  the  eggs,  larvae  of  pupae  of  any  insect 
injurious  as  aforesaid,  except  when  brought  for  scientific  purposes  under 
the  regulations  hereinafter  provided  for;  nor  shall  any  person  bring  into 
the  state  of  California  from  any  state,  territory  or  district  in  the  United 
States,  or  from  any  foreign  country,  or  from  any  point  or  place  in  the 
state  of  California  to  another  point  or  place  therein,  except  for  scientific 
purposes  under  the  regulations  as  hereinafter  provided  for,  any  insect  in 
a  live  state  which  is  injurious  to  cultivated  crops,  or  the  eggs,  larvae 
or  pupae  of  any  insect  injurious  as  aforesaid. 

§  2.  Insects  for  scientific  purposes  exempted.  No  provision  in  this 
act  shall  apply  to  the  transportation  or  moving  into  or  through  the  state 
of  California,  of  live  insects  for  scientific  purposes  under  the  rules  and 
regulations  promulgated  by  the  United  States  department  of  agriculture, 
or  by  the  state   commissioner  of  horticulture  of  California. 

§  3.  Penalty.  Any  person,  firm  or  organization  who  shall  violate  the 
provisions  of  section  one  of  this  act  shall  be  guilty  of  a  misdemeanor. 

TITLE  259. 
INSURANCE. 
ACT  1667. 

To   provide   for  the  organization  and  management   of   county   fire  insur- 
ance   companies. 

[Stats.  1897,  p.  439.] 
Amended  1907,  p.  941;  1909,  p.  912;  1911,  p.  1339;  1917,  pp.  163,  943. 

§  7.  Qualifications  for  members.  Any  person  owning  insurable  prop- 
erty in  the  county  in  which  any  such  company  is  formed  or  any  person 
owning  insurable  property  in  any  county  adjoining  the  county  -wherein 
such  company  is  formed  as  hereinafter  provided,  may  become  a  member 


Act  1667,  §§  8,  10  GENERAL,   LAWS.  854 

by  insuring  therein,  and  shall  be  entitled  to  all  the  rights  and  privileges 

appertaining  thereto;  but  no  person  not  residing  in  the  county  in  which 

a    company    is    formed    shall    become    a    director    of    such    a    company. 

[Amendment  approved  May  26,  1917.     Stats.  1917,  p.  844.] 

§  8.  What  may  be  insured.  Limitation.  Pro  rata  share  of  expense 
and.  loss.  Such  company  may  issue  policies  on  detached  dwellings,  school- 
houses,  churches,  and  farm  buildings  (except  hotels  and  public  barns  or 
garages);  and  such  property  as  may  be  contained  therein;  also,  on  prop- 
erty owjied  by  the  assured  on  the  premises  or  stored  in  jjublic  or  private 
warehouses  outside  the  corporate  limits  of  any  ci'ty  or  town;  provided, 
that  insurance  upon  personal  property  owned  by  the  insured  including 
automobiles  and  livestock  permitted  under  this  act,  shall  continue  in 
full  force  and  effect  during  the  use  or  transportation  thereof  in  the 
ordinary  course  of  business  of  the  insured  wherever  the  same  may  be 
located  at  the  time  of  loss;  all  for  any  time  not  exceeding  five  years 
and  not  to  extend  beyond  the  time  limited  for  the  existence  of  the  char- 
ter; provided,  however,  that  if  an  amount  in  excess  of  four  thousand 
five  hundred  dollars  subject  to  one  risk  or  hazard  be  written,  then  all 
in  excess  of  this  amount  must  be  immediately  placed  with  or  reinsured 
in  some  other  company;  provided,  also,  that  no  company  that  has  been 
organized  more  than  six  months  shall  write  insurance  subject  to  one 
fire  in  amount  exceeding  three  per  cent  of  the  total  amount  of  risks  or 
hazards  upon  the  books  of  any  such  company.  All  persons,  whose  prop- 
erty is  so  insured,  shall  give  their  obligations  to  the  company  binding 
themselves,  their  heirs  and  assigns  to  pay  their  pro  rata  share  to  the 
company  of  the  necessary  expense  and  loss  by  fire  which  may  be  sus- 
tained by  any  member  thereof  during  the  time  for  which  their  respec- 
tive policies  are  written;  and  they  shall  also  at  the  time  of  effecting 
the  insurance  pay -such  percentage  in  cash  and  such  other  charges  as 
may  be  required  by  law  or  by  the  rules  and  by-laws  of  the  company. 
[Amendment  approved  May  26,  1917;  Stats.  1917,  p.  944.] 

§  10.  Insuring  outside  county  and  in  municipalities.  Definition  of 
terms.  No  such  company  shall  insure  any  property  beyond  the  limits 
of  the  county  wherein  the  said  company  is  organized,  excepting  that  the 
company  may  insure  in  any  county  next  adjoining  the  county  wherein 
sucli  company  is  organized.  No  such  company  sliall  issue  policies  cover- 
ing on  property  in  excess  of  four  thousand  five  hundred  dollars  on  any 
one  risk  or  hazard  under  one  or  more  policies,  without  immediately  re- 
insuring the  excess  amount  in  some  other  company.  Nor  shall  any  such 
company  assume  a  risk  or  risks  on  property  situated  in  the  limits  of 
any  city  or  town,  or  within  any  closely  built  up  district,  within  any  one 
block,  without  immediately  reinsuring  all  in  excess  of  four  thousand  five 
hundred  dollars.  Any  such  company  may  reinsure  or  accept  reinsur- 
ance in  any  company  operating  under  the  provisions  of  this  act,  and 
not  otherwise,  but  in  no  case  shall  the  reinsurance  taken  by  any  one 
company  exceed  the  amount  of  the  risk  written  by  the  company  originat- 
ing the  business.  The  location,  character  of,  and  number  of  risks  rein- 
Hurod  shall  not  vary  from  that  pc^rmitted  in  the  case  of  original  insur- 
ance. Where  the  amount  of  insurance  covered  by  policies  already 
written   exceeds    four   thousand   five   hundred    dollars,    no    additional    in- 


855  INSURANCE.  Act  1667,  §§  12, 16 

surance  shall  be  written  by  such  company  on  farm  property,  within  a 
radius  of  one  hundred  feet  and  such  radius  shall  continue  at  not  less 
than  seventy-five  feet  during  the  life  of  the  policy,  nor  shall  any  risk 
be  taken  on  any  building  closer  than  one  hundred  feet  to  any  business 
property,  nor  shall  any  insurance  be  written  by  any  such  company  on 
city  or  country  property  in  excess  of  seventy-five  per  cent  of  its  actual 
cash  value   and   no   additional   insurance   shall  be   allowed. 

For  the  purpose  of  this  act  "a  city  or  town  block"  shall  be  construed 
to  be  an  area  having  at  least  one  frontage  in  a  closely  built  up  district 
fronting  on  a  used  public  street  or  highway,  surrounded  on  all  sides 
by  a  clear  space  at  least  equal  in  width  to  the  clear  space  of  such  public 
street  or  highway  and  containing  an  area  of  not  more  than  one  hundred 
sixty    thousand    square    feet. 

"Closely  built  up  district"  shall  mean  territory  on  the  line  of  a  public 
highway  or  street  or  block  or  blocks  where  for  not  less  than  a  quarter 
of  a  mile  the  dwelling-houses  and  business  structures  average  less  than 
one   hundred   feet   apart. 

"One  risk"  means  one  hazard  under  one  or  more  policies,  subject  to 
one  fire  and  relates  to  the  amount  named  in  the  policy  or  policies. 

"Clear  space"  means  space  free  from  combustible  material  likely  to 
communicate  fire.  [Amendment  approved  May  26,  1917;  Stats.  1917, 
p.  945.] 

§  12.  Assessments  for  deficiency.  Loans  to  meet  losses  not  over  cer- 
tain amount.  When  the  amount  of  any  loss  shall  have  been  ascertained, 
which  exceeds  in  amount  the  cash  funds  of  the  company,  the  president 
shall  convene  the  directors  of  said  gompany,  who  shall  make  an  assess- 
ment upon  all  of  the  property  to  the  amount  for  which  each  several 
piece  of  property  is  insured,  taken  in  connection  with  the  rate  of  pre- 
mium under  which  it  may  be  classified;  except  when  the  amount  of  such 
loss  or  losses  does  not  exceed  one-eighth  of  one  per  cent  of  the  total 
amount  of  insurance  in  force  in  any  county  fire  insurance  company,  then 
and  in  such  event  the  directors  of  said  company  may,  by  resolution  in 
writing,  signed  by  two-thirds  of  said  directors  in  meeting  assembled, 
borrow  in  the  name  of  said  company  and  give  said  company's  note  or 
other  evidence  of  indebtedness  therefor,  in  an  amount  or  amounts  whose 
total  shall  not  exceed  one-eighth  of  one  per  cent  of  the  total  amount 
of  insurance  in  force  in  said  company.  The  term  of  said  loan  or  loans 
shall  not  be  for  a  greater  period  than  twelve  months  nor  shall  the  date 
of  maturity  be  in  excess  of  thirty  days  beyond  the  date  of  the  annual 
meeting  of  said  company;  provided,  further,  that  the  board  of  directors 
may  at  their  annual  meeting  levy  an  assessment  not  to  exceed  twenty- 
five  cents  on  the  one  hundred  dollars  on  first  class  insurance  and  a  pro- 
rata amount  on  other  classes,  and  said  sum  so  raised  shall  constitute 
a  reserve  fund  to  be  used  in  emergency  cases  only  and  another  assess- 
ment for  this  fund  shall  not  be  made  while  this  reserve  fund  remains 
intact.     [Amendment  approved  April  24,  1917;  Stats.  1917,  p.  163.] 

§  16,  Withdrawals.  Any  member  of  such  company  may  withdraw 
therefrom  by  surrendering  his  policy  for  cancellation  at  any  time  while 
the  organization  continues  the  business  for  which  it  was  organized,  by 
giving  notice  in  writing  to  the  secretary  thereof,  and  paying  his  share 


Act  1667,  §  I8V2         GENERAL  LAWS.  856 

of  all  claims  that  may  exist  against  such  company;  provided,  that  the 
company  shall  have  power  to  cancel  or  terminate  any  policy  by  giving 
the  insured  five  days'  written  notice  to  that  effect,  and  returning  to  him 
any  excess  of  premium  he  may  have  paid  during  the  term  of  the  policy 
over  the  cost  of  his  insurance  as  measured  by  the  rules  or  methods  of 
standard  fire  insurance  companies  doing  business  in  this  state.  [Amend- 
ment approved  April   24,  1917;   Stats.  1917,  p.   164.] 

§  18i.  Form  of  county  fire  insurance  policy.  The  following  is  adopted 
as  a  standard  form  of  county  fire  insurance  company's  policy  for  the 
state  of  California: 

CALIFORNIA   STANDARD   FORM    COUNTY   FIRE    INSURANCE 

POLICY. 

No. Amount  $ 

Rate  

No  other  insurance  permitted  except  by  agreement  indorsed  hereon  or 
added  hereto. 

(Here  insert  name  of  company,  and  place  of  its  main  office  in  Cali- 
fornia, and  name  of  the  county  in  which  incorporated  or  organized.) 

By  this  policy  of  insurance  the  of  county,  in  consideration 

of  dollars,  and  the  obligation  as  described  herein  and  in  applica- 
tion, does  accept  as  a  member  and  insures  against  loss  or  damage 

by  fire  during  a  term  of  years,   commencing  at  noon  on  the  

day  of  ,  one  thousand  nine   hundred  and  ,  and   terminating  at 

noon  on  the  day  of  ,  one  thousand  nine  hundred  and  ,  to 

the  amount  of  dollars. 

On  the  following  propert}',  to  wit: 

(Blank   space   for  the   attachment   of   forms.) 

For  a  more  particular  description,  and  as  forming  a  part  of  this  policy, 

reference   is    had    to   application*  No.   on   file    in    the   office    of    this 

company. 

This  company  will  not  be  liable  beyond  the  actual  cash  value  of  the 
interest  of  the  insured  in  the  property  at  the  time  of  loss  or  damage 
nor  exceeding  what  it  would  then  cost  the  insured  to  repair  or  replace 
the  same  with  material  of  like  kind  and  quality;  said  cash  value  to  be 
estimated  without  allowance  for  any  increased  cost  of  repair  or  recon- 
struction by  reason  of  any  ordinance  or  law  regulating  repair  or  recon- 
struction of  buildings,  and  without  compensation  for  loss  resulting  from 
interruption  of  business  or  manufacture. 

This  policy  is  made  and  accepted  subject  to  the  foregoing  stipulations 
and  conditions  and  those  hereinafter  stated,  which  are  hereby  specifically 
referred  to  and  made  a  part  of  this  policy,  together  with  such  other  pro- 
visions agreements  or  conditions  as  may  be  indorsed  hereon  or  added 
hereto,  and  no  officer,  agent,  or  other  representative  of  this  company 
shall  have  power  to  waive  any  provision  or  condition  of  this  policy  except 
bv  writing  indorsed  liereon  or  added  hereto,  and  no  person  unless  duly 
aiitliori/.ed  in  writing  shall  be  deemed  the  agent  of  this  company. 

The  cli.'irtcr  and  by-laws  of  this  com]>any  are  to  be  resorted  to  and 
used  to  explain  the  riglits  ami  <)l>ligatio7is  of  the  p;irties  hereto  in  all 
cases  not  herein  otherwise  csiiccially  provided   for,  and  are  liereb}'  made 


857  INSURANCE.  Act  1667,  §  I8V2 

a  part  of  this  policy.  This  policy  is  made  and  accepted  upon  the  above 
expressed  condition. 

This  policy  shall  not  bo  valid  until  countersigned  by  the  duly  author- 
ized secretary  of  the  company  at  ,  California. 

In  witness  whereof,  this  company  has  executed  and  attested  these 
presents  (here  insert  name  of  company)  by 

President. 

C^ountersigned  at  ,  California,  this  day  of  ,  one  thousand 

nine  hundred  aiul ■. 

Secretary. 

STIPULATIONS  AND  CONDITIONS  SPECIALLY  EEFERRED  TO. 

Stipulations  and  conditions.  Property  not  covered,  (a)  this  company 
shall  not  be  liable  for  loss  to  accounts,  bills,  currency,  evidence  of  debt 
or  ownership  of  other  documents,  money,  notes,  or  securities;  nor  (b) 
unless  liability  is  sj>ecifically  assumed  hereon,  for  the  loss  of  bullion,  casts, 
curiosities,  drawings,  dies,  jewels,  manuscripts,  medals,  models,  patterns, 
pictures,  scientific  apparatus,  business  or  store  or  oflfice  furniture  or  fix- 
tures, sculptures,  frescoes  and  decorations,  or  property  held  on  storage 
or  for  repair. 

Hazards  not  covered.  This  company  shall  not  be  liable  for  loss  by 
(a)  theft,  or  (b)  neglect  of  the  insured  to  use  all  reasonable  means  to 
save  and  preserve  the  property  at  and  after  a  fire,  or  when  the  prop- 
erty is  endangered  by  fire;  or  (c)  (unless  fire  ensues,  and  in  that  event 
the  damage  by  fire  only,)  by  explosion  of  any  kind  or  lightning;  or  (d) 
by  invasion,  insurrection,  riot,  civil  war,  or  commotion,  or,  (except  as 
hereinafter  provided,)  by  military  or  usurped  power,  or  order  of  any 
civil  authority,  but  the  company  will  be  liable,  unless  otherwise  provided 
by  indorsement  hereon  or  added  hereto,  if  the  property  is  lost  or  dam- 
aged, by  fire  or  otherwise,  by  civil  authority  or  military  or  usurped 
power  exercised  to  prevent  the  spread  of  fire  not  originating  from  a 
cause  excepted  hereunder  and  which  fire  otherwise  probably  would  have 
caused  the  loss  of  or  damage  to  the  insured  property. 

Matters  avoiding  policy.  This  entire  policy  shall  be  void,  (a)  if  the 
insured  has  concealed  or  misrepresented  any  material  fact  or  circum- 
stances concerning  this  insurance  or  the  subject  thereof;  or  (b)  in  ease 
of  any  fraud  or  false  swearing  by  the  insured  touching  any  matter  re- 
lating to  this  insurance  or  the  subject  thereof,  whether  before  or  after 
a   loss. 

Unless  otherwise  provided  by  agreement  indorsed  hereon  or  added 
hereto  this  entire  policy  shall  be  void,  (a)  if  the  insured  now  has  or  shall 
procure  any  other  insuran'^e,  whether  valid  or  not,  on  property  covered 
in  whole  or  in  part  by  this  policy,  or  (b)  if  the  interest  of  the  insured 
be  other  than  unconditional  and  sole  ownership,  or  (c)  if  the  subject  of 
insurance  be  a  building  on  ground  not  owned  by  the  insured  in  fee  sim- 
ple, or  (d)'  if  with  the  knowledge  of  the  insured  foreclosure  proceedings 
be  commenced  or  notice  given  of  sale  of  any  property  covered  by  this 
policy  by  virtue  of  any  mortgage  or  trust  deed,  or  (e)  if  this  policy  be 
assigned  before  a  loss. 


Act  1667,  §  181/2  GENERAL    LAWS.  858 

Matters  suspending  insurance.  Unless  otherwise  provided  by  agree- 
ment indorsed  hereon  or  added  hereto  this  company  shall  not  be  liable 
for  loss  or  damage  occurring  (a)  while  the  hazard  be  materially  increased 
by  any  means  within  the  control  of  the  insured;  or  (b)  if  the  subject  of 
insurance  be  a  manufacturing  establishment,  while  it  is  operated  in  whole 
or  in  part  at  night  later  than  ten  o'clock  or  while  it  ceases  to  be  operated 
beyond  the  period  of  ten  consecutive  days;  or  (c)  while  mechanics  or 
artisans  are  employed  in  building  or  altering  or  repairing  the  described 
premises  for  more  than  fifteen  days  at  any  one  time;  or  (d)  while  illu- 
minating gas  or  vapor  be  generated  in  the  described  building  (or  adja- 
cent thereto)  for  use  therein;  or  (e)  while  there  be  kept,  used  or  allowed 
on  the  described  premises  (any  usage  or  custom  of  trade  or  manufacture 
to  the  contrary  notwithstanding),  calcium  carbide,  phosphorus,  dynamite, 
nitroglycerine,  fireworks  or  other  explosive;  or  exceeding  one  quart  each 
of  benzine,  gasoline,  naphtha  or  ether;  or  more  than  twenty-five  pounds 
of  gunpowder;  or  (f)  while  a  building  herein  described  whether  intended 
for  occupation  by  owner  or  tenant  is  vacant  or  unoccupied  beyond  the 
period  of  ten  (10)  consecutive  days;  (g)  while  the  interest  in,  title  to  or 
possession  of  the  subject  of  insurance  is  changed  excepting;  (1)  by  death 
of  the  insured;  (2)  change  of  occupancy  of  building  without  material 
increase  of  hazard;  and  (3)  transfer  by  one  or  more  several  copartners 
or  co-owners  to  the  others. 

Such  suspension  shall  not  extend  beyond  the  term  of  this  policy  nor 
create  any  right  for  refund  of  the  whole  or  any  portion  of  premium,  nor 
affect  the  respective  rights  of  cancellation. 

Chattel  mortgage.  Unless  otherwise  provided  by  agreement  in  writing 
indorsed  hereon  or  added  hereto  this  company  shall  not  be  liable  for  loss 
or  damage  to  any  property  insured  hereunder  while  encumbered  by  a 
chattel  mortgage,  but  the  liability  of  the  company  upon  other  property 
hereby  insured  shall  not  be  affected  by  such  chattel  mortgage. 

Fallen  building  clause.  Unless  otherwise  provided  by  agreement  in- 
dorsed hereon  or  added  hereto,  if  a  building  or  any  material  part  thereof 
fall,  except  as  the  result  of  fire,  all  insurance  by  this  policy  on  such  build- 
ing or  its  contents  shall  immediately  cease. 

Removal  when  endangered  by  fire.  Sliould  any  of  said  property  be 
necessarily  removed  because  of  dang<>r  from  fire,  and  there  is  no  other 
insurance  thereon,  that  part  of  this  policy  in  excess  of  the  value  of  the 
insured  property  remaining  in  the  original  location,  or,  if  there  is  other 
ijisurance  thereon,  that  part  of  this  policy  in  excess  of  its  proportion  of 
the  value  of  the  insured  pro])erty  remaining  in  the  original  location,  shall, 
for  the  ensuing  five  days  only,  cover  the  said  removed  jirojierty  in  its  new 
location  or  locations. 

Cancellation.  This  policy  may  We  canceled  and  tlie  insured  as  a  mem- 
ber of  this  company  may  withdraw  therefrom  by  the  insured  surrender- 
ing his  policy  for  cancellation  at  any  time  while  the  company  continues 
the  business  for  which  it  was  organized,  by  giving  notice  in  writing  to 
the  secretary  thereof  and  paying  his  share  of  all  (daims  that  may  exist 
against  this  company;  provided,  that  this  company  siiall  have  power  to 
cancel  or  terminate  any  policy  by  giving  tlie  insured  five  days  written 
notice  to  lliat  effect  and  returning  to  liini  any  excess  of  premium  he  may 


859  INSURANCE.  Act  1667,  §  IHi/o 

have  paid  during  the  term  of  the  policy,  over  the  eost  of  his  insurance 
as  measured  by  the  rate  of  standard  fire  insurance  companies  doing  busi- 

aiess  in  this  state. 

Adjustment  of  losses — Arbitration.  The  insured  who  may  sustain  loss 
or  damage  by  fire  shall  immediately  notify  the  president,  or  in  his  ab- 
sence, the  secretarj^  of  this  company,  stating  the  amount  of  damage  or 
loss  sustained  or  claimed  and  if  not  more  than  one  thousand  five  hundred 
dollars  then  the  president  and  secretary  shall  jaroceed  to  ascertain  the 
amount  of  such  loss  or  damage  and  adjust  the  same.  If  the  claim  for 
damage  or  loss  be  for  an  amount  greater  than  one  thousand  five  hundred 
dollars,  then  the  president  of  this  company,  or  in  his  absence,  the  vice- 
president,  or  in  the  absence  of  both  the  secretary  thereof,  shall  forth- 
with convene  the  board  of  directors  of  said  company,  whose  duty  it  shall 
be  when  convened,  to  appoint  a  committee  of  not  less  than  three  dis- 
interested members  of  this  company,  to  ascertain  the  amount  of  such 
damage  or  loss.  If  in  either  ease  there  is  a  failure  of  the  parties  to 
agree  upon  the  amount  of  such  damage  or  loss  they  may  submit  the  ques- 
tion of  the  amount  of  such  loss  to  arbitration,  and  in  that  event  the  presi- 
dent of  the  company  shall  appoint  one  disinterested  person  to  act  as  an 
arbitrator,  and  the  claimant  or  insured  shall  appoint  another,  and  if  such 
two  arbitrators  fail  to  agree  upon  the  amount  of  such  loss,  then  they 
shall  select  a  third  disinterested  person  to  act  with  them  and  such  arbi- 
trators so  appointed  shall  have  full  authority  to  examine  witnesses  and 
to  do  all  other  things  necessary  to  the  proper  determination  of  the 
amount  of  loss  sustained  by  the  claimant,  and  shall  make  their  award  in 
writing  to  the  president  of  the  company  and  to  the  insured,  and  such 
award,  so  as  aforesaid  made,  shall  be  final  as  to  the  amount  of  loss  sus- 
tained. The  pay  of  said  committee  shall  be  three  dollars  per  day  for 
each  day's  services  so  rendered  and  five  cents  for  each  mile  necessarily 
traveled  in  the  discharge  of  their  duties,  which  shall  be  paid  by  the 
claimant  unless  the  award  of  such  committee  shall  exceed  the  sum  offered 
by  the  company  in  liquidation  of  such  loss  or  damage,  in  which  case 
such  expense  shall  be  paid  by  the  company. 

Option  of  company  in  case  of  loss.  This  company  may,  at  its  option, 
take  all  or  any  part  of  the  property  for  which  insurance  hereunder  is 
claimed  at  its  ascertained  or  appraised  value,  and  may  also,  at  its  option, 
in  satisfaction  of  its  liability  hereunder,  repair,  rebuild,  or  replace  any 
building  or  structure  or  machine  or  machinery  used  therein,  with  other 
of  like  kind  and  quality,  within  a  reasonable  time,  upon  giving  notice 
within  twenty  days  of  its  intention  so  to  do  after  the  receipt  by  it  of 
the  preliminary  proof  of  loss,  or,  if  verified  amendments  have  been  re- 
quested, within  twenty  days  after  their  receipt,  or,  within  twenty  days 
after  the  receipt  of  an  affidavit  that  the  insured  is  unable  to  furnish  such 
amendmeifts.  There  can  be  no  abandonment  to  this  company  of  any 
property. 

Apportionment  of  loss.  This  company  shall  not  be  liable  under  this 
policy  for  a  greater  proportion  of  any  loss  on  the  described  property,  or 
for  loss  by,  and  expense  of,  removal  from  the  premises  endangered  by 
fire,  than  the  amount  hereby  insured  bears  to  the  entire  insurance  cover- 
ing such  property  whether  valid  or  not,  or  by  solvent  or  insolvent 
insurers. 


Act  1667,  §  181/2  GENERAL   LAWS.  860 

Assessment  for  deficiency.  Wheu  the  amount  of  any  loss  shall  have 
been  ascertained,  which  exceeds  in  amount  the  cash  funds  of  the  com- 
pany, the  president  shall  convene  the  directors  of  this  company,  who  shall 
proceed  in  the  manner  as  provided  in  section  twelve  of  this  act. 

Notice  of  assessment.  It  shall  be  the  duty  of  the  secretary,  whenever 
assessment  shall  have  been  made,  to  immediately  notify  every  person  hold- 
ing a  risk  in  this  company,  personally,  by  an  agent,  or  by  letter  directed 
to  his  usual  postoffice  address,  of  the  amount  of  such  loss,  and  the  sum 
due  from  him,  as  his  share  thereof,  and  of  the  time  and  to  whom  such 
payment  is  to  be  made;  but  sucli  time  shall  not  be  less  than  thirty  days, 
nor  more  than  ninety  days  from  date  of  such  notice. 

Action  for  neglect  or  refusal  to  pay  assessments.  An  action  may  be 
brought  against  the  member  whose  property  is  insured  herein  and  this 
policy  is  automatically  suspended  if  the  insured  shall  not  have  paid, 
before  it  is  delinquent,  his  portion  of  any  assessment  levied  or  other  lia- 
bility due  this  comjjany  for  a  period  in  excess  of  ninety  days.  The  direc- 
tors of  this  company  who  shall  willfully  refuse  or  neglect  to  perform  the 
duties  imposed  upon  them  by  law  or  the  by-laws  of  the  company,  shall 
be  liable  in  their  individual  capacity  to  the  person  sustaining  such  loss. 
An  action  may  also  be  brought  and  maintained  against  this  company  by 
members  thereof  for  losses  sustained  if  payment  is  withheld  after  the 
amount  of  such  losses  have  been  determined  and  is  due  by  the  terms  of 
the  policy. 

Nonwaiver  by  appraisal  or  examination.  This  company  shall  not  be 
held  to  have  waived  any  provision  or  condition  of  this  policy  of  any  for- 
feiture thereof,  by  assenting  to  the  amount  of  the  loss  or  damage  or  by 
any  requirement,  act  or  proceeding  ou  its  part  relating  to  the  appraisal 
or  to  any  examination  herein  provided  for. 

Subrogation.  If  this  company  shall  claim  that  the  fire  was  caused  by 
the  act  of  any  person  or  corporation,  this  company  shall,  upon  payment 
of  the  loss  be  subrogated  to  the  extent  of  such  payment  to  all  right  of 
recovery  by  the  insured  for  the  loss  resulting  therefrom,  and  such  right 
shall  be  assigned  to  this  company  by  the  insured  on  receiving  such  pay- 
ment. 

Time  for  commencement  of  action.  No  suit  or  action  on  this  policy  for 
the  recovery  of  any  claim  shall  be  sustained,  until  after  full  compliance 
by  tlie  insured  with  all  of  tiie  foregoing  requirements,  nor  unless  begun 
witliiii  fif'tt'cn  months  next  after  the  commencement  of  the  fire. 

Definitions.  Wiierever  in  this  policy  the  word  "insured"  occurs,  it  shall 
lie  licid  to  include  the  legal  representatives  of  the  insured  in  case  of 
(leatli,  and  wherever  the  word  "loss"'  occurs,  it  shall  be  deemed  the 
equivalent  of  "loss  or  damage,"  jind  wlnMcvcr  the  words  "the  time  of 
l(i«H  or  damage"  are  used  tliev  sliall  he  deemed  the  equivalent  of  "the 
tiiiii'  of  1h("  coMiMnMici'inciil  of  llic  fire." 

Tlicrt;  sliall  Ije  pririlcd  on  tlic  outside  fold  of  said  ]iolicy  in  type  not 
smaller  tlian  .small    |iir;i    the   InlhiW  iii<4   words   in   this   t'ni'in: 

i;i:ai»  this  i'oi.icv. 
InsuratMT   cimiiinny   is  liaMc   only    for  .•icliial   (■;isli    \aliic. 
I'olicy  is  void  in  case  of  any  fraud,  false  swearing,  misrepresentation 
or  concealment  about  material  facts. 


861  INSURANCE.  Act  1667,  §  I8I/2 

Policy  is  void,  unless  otherwise  agreed  in  writing,  if — 

1.  It  is  assigned  before  loss; 

2.  Insured  has  or  shall  procure  other  insurance; 

3.  Any  change  occurs  in  location  of  jtroperty; 

4.  Insured  building  is  on  ground  not  owned  in  fee  simple  l>y  the  insured; 

5.  Insured  is  not  sole  and  unconditional  owner. 

Policy  is  suspended  unless  otherwise  agreed  in   writing,  if — 

a.  Described  building  becomes  vacant  or  unoccupied  for  ten  days; 

7.  Mechanics  are  employed  more  than  fifteen  days  in  repairing  same; 

8.  Property  is  or  becomes  encumbered  by  chattel  mortgage; 

9.  Illuminating  gas  or  vapor  is  generated  in  or  adjacent  to  described 
building; 

10.  Explosives  or  prohibited  quantities  of  gasoline,  etc.,  (except  the 
gasoline  contained  in  automobiles  and  gas  engine  tanks),  as  are  kept  on 
premises;  and  provided,  also,  that  the  insurance  on  livestock  and  auto- 
mobiles shall  cover  wherever  located  at  the  time  of  the  fire. 

[paster.] 

Insurance  ceases  if  described  building  or  any  material  part  falls  except 
as  result  of  fire. 

Policy  does  not  cover  certain  enumerated  personal  property. 

Note  particularly  duty  of  insured  in  case  of  loss;  also  provisions  avoid- 
ing or  suspending  policy,  including  changes  of  ownership  or  possession. 

DWELLING-HOUSE  AND  CONTENTS  POLICY  FORM. 

$- on   the  dwelling-house   and   all   its   additions,   foundations, 

porches,  verandas  and  screens,  including  all  permanent  wall  and  ceiling 
decorations,  frescoes,  gas,  steam,  water,  heating  and  lighting  fixtures  and 
connections,  and  all  other  permanent  fixtures  attached  to  and  forming  a 
part  of  the  building,  situate  — — ,  California. 

$ on  household  furniture,  useful  and  ornamental,  family  wearing 

apparel,  family  stores  and  supplies,  <and  all  other  personal  effects  of  every 
kind  and  description  (except  accounts,  bills,  currency,  evidences  of  debt 
or  ownership,  or  other  documents,  money,  notes,  securities,  bullion,  draw- 
ings, dies,  manuscripts,  medals,  models  and  patterns)  including  casts, 
curiosities,  pictures,  scientific  apparatus  and  sculptures,  the  property  of 
the  insured  or  of  any  member  of  the  insured's  household,  unless  spe- 
cifically insured,  all  contained  in   the   above-described   dwelling-house. 


Loss,  on  building,  if  any,  payable  to  . 

Claim  for  loss  on  any  one  picture,  piece  of  statuar}-,  curiosity,  or  work 
of  art,  shall  not  exceed  the  cost  of  same,  and  unless  specifically  insured, 
shall  not  exceed  one  hundred  dollars. 

The  privilege  for  the  within  described  dwelling  to  remain  vacant  or 
unoccupied  is  hereby  increased  to  thirty  (30)  consecutive  days. 

Permission  is  granted  for  mechanics  or  artisans  to  nmke  alterations  or 
repairs  to  the  within  described  building  for  more  than  fifteen  (15)  days 
at  any  one  time,  and  to  build  additions,  this  policy  to  cover  on  and  in 
same  under  the  respective  items  hereof. 


Act  1667,  §  ISYo  GENERAL    LAWS.  862 

Permission  is  hereby  granted  (when  not  prohibited  by  local  ordinance) 
for  the  use  of  gasoline  stoves  or  lamps,  it  being  warranted  by  the  in- 
sured that  the  reservoir  attached  to  each  stove  or  lamp  be  filled  during 
daylight  only,  and  then  only  when  the  stove  or  lamp  is  not  in  use,  and 
that  no  artificial  light  be  permitted  in  the  room  when  the  reservoir  is 
being  filled,  and  that  no  gasoline,  except  that  contained  in  the  reser- 
voir, shall  be  kept  within  the  building.  A  breach  of  this  warranty  ren- 
iers  this  jjiermit  null  and  void. 

Attached  to  policy  No. of  the . 

Dated  — — ,  19—. 

Secretary, 

[paster.] 

By  special  agreement  indorsed  on  the  policy  or  added  thereto,  the  pro- 
visions regarding  appraisement  or  apportionment  of  loss  may  be  waived 
and  the  valuations  of  all  or  any  of  the  insured  property  in  case  of  total 
loss  may  be  agreed  upon    in  advance  of  loss. 

Said  standard  form  of  policy  shall  be  plainly  printed  and  no  portion 
thereof  shall  be  in  type  smaller  than  small  pica  and  subheads  shall  be 
in  type  larger  than  pica,  and  the  lines  of  the  policy  shall  be  numbered 
consecutively. 

All  mutual  fire  insurance  policies  on  property  in  California  shall  be  on 
said  standard  form,  and  except  as  herein  provided,  shall  not  contain 
additions  thereto.  No  part  of  the  standard  form  shall  be  omitted 
therefrom. 

The  blanks  in  said  standard  form  shall  be  appropriately  filled.  The 
company  may  add  to  the  standard  form  any  matter  relating  to  its  finan- 
cial condition,  directors,  officers,  stockholders  and  history,  and  the  ad- 
dress of  its  home  office,  and  principal  office  in  the  state;  also  in  red  ink 
any  provisions  respecting  any  limitations  of  liability  of  the  company,  its 
stockholders  or  members  which  it  is  required  or  permitted  by  the  law  of 
the  state  or  county  of  its  organization  to  insert  in  its  policies. 

Clauses  may  be  added  to  the  standard  form  providing  for  and  defining 
the  rights,  duties  and  obligations  of  mortgagees,  assignees  and  other 
parties  who  have  acquired  or  may  acquire  an  interest  in,  right  to  or  lien 
upon  the  insured  property. 

No  clause  shall  be  inserted  or  rider  attached  affecting  the  standard 
form  liability  of  the  insurer  for  loss  or  damage  by  fire  occasioned  either 
directly  or  indirectly  by  earthquake,  hurricane,  volcanic  action  or  other 
disturbance  of  nature,  unless  the  same  shall  be  printed  in  red  ink  in 
type  larger  than  small  pica  and  at  the  head  of  the  policy  there  shall  be 
printed  in  red  ink  in  large  bold-faced  type  the  words  "This  policy  con- 
tains limitations  of  liability  not  permitted  in  the  California  standard 
form." 

Clauses  may  be  added  to  the  standard  form  (a)  covering  property  and 
risks  not  otherwise  covered;  (b)  assuming  greater  liability  than  is 
otherwise  imposed  on  the  insurer;  (c)  granting  insured  permits  and 
privileges  not  otherwise  provided;  (d)  waivers  of  any  of  the  matters, 
voiding  the  policy  or  suspending  the  insurance;  (e)  waivers  of  any  of 
the  requirements  imposed  on  the  insured  after  loss. 


863  INSURANCE.  Act  1670a,  §§  1, 2 

Except  as  herein  otherwise  provided  clauses  may  be  attached  to  the 
standard  form  by  separate  riders  in  type  larger  than  pica  imposing 
specified  duties  and  obligations  upon  the  insured  and  limiting  the  lia- 
bility of  the  insurer. 

Any  insurer,  or  the  agent  countersigning  or  issuing  a  fire  insurance 
policy  covering  in  whole  or  in  part  property  in  California  varying  from 
the  California  standard  form  of  policy  except  as  herein  provided  is  guilty 
of  a  misdemeanor  but  any  policy  so  issued  shall  notwithstanding  be 
binding  upon  the  company  issuing  the  same.  [New  section  added  May 
2G.,  1917;  Stats.  1917,  p.  945.] 

§  19.  Repealed..  All  laws  and  parts  of  laws  in  conflict  with  this  act 
are  hereby  repealed.  [Amendment  approved  May  26,  1917;  Stats.  1917, 
p.  953.] 

ACT  1670a. 

An  act  to  incorporate  standard  provisions  in  policies  of  accident  and 
health  insurance,  to  prevent  discriminations  in  connection  therewith, 
and  to  prescribe  penalties  for  violations  of  the  provisions  hereof. 

[Approved  May  26,  1917.    Stats.  1917,  p.  957.    In  effect  January  1,  1918.] 

§  1.  Accident  and  health  insurance  policies  approved  by  insurance 
commissioner.  On  and  after  the  first  day  of  January,  1918,  no  policy 
of  insurance  against  loss  or  damage  from  the  sickness,  or  the  bodily 
injury  or  death  of  the  insured  by  accident  shall  be  issued  or  delivered 
to  any  person  in  this  state  until  a  copy  of  the  form  thereof  and  of  the 
classification  of  risks,  if  more  than  one  class  of  risks  is  written  and  the 
premium  rates  pertaining  thereto  have  been  filed  with  the  commissioner 
of  insurance;  nor  shall  it  be  so  issued  or  delivered  until  the  expiration 
of  thirty  days  after  it  has  been  so  filed  unless  the  said  commissioner  shall 
sooner  give  his  written  approval  thereto.  If  the  said  commissioner  shall 
notify,  in  writing,  the  company,  corporation,  association,  society  or  other 
insurer  which  has  filed  such  form  that  it  does  not  comply  with  the 
requirements  of  law,  specifying  the  reasons  for  his  opinion,  it  shall  be 
unlawful  thereafter  for  any  such  insurer  to  issue  any  policy  in  such  form. 
The  action  of  the  said  commissioner  in  this  regard  shall  be  subject  to 
review  by  any  court  of  competent  jurisdiction;  provided,  however,  that 
nothing  in  this  act  shall  be  so  construed  as  to  give  jurisdiction  to  any 
court  not  already  having  jurisdiction. 

§  2.  What  policy  must  contain.  Contents  of  policy.  Accident  and 
Health  insurance.  Xu  such  policy  shall  be  issued  or  delivered  (1)  un- 
less the  entire  money  and  other  considerations  therefor  are  expressed 
in  the  policy;  nor  (2)  unless  the  time  at  which  the  insurance  thereunder 
takes  effect  and  terminates  is  stated  in  a  portion  of  the  policy  preceding 
its  execution  by  the  insurer;  nor  (3)  if  the  policy  purports  to  insure 
more  than  one  person;  nor  (4)  unless  every  printed  portion  thereof  and 
of  any  indorsements  or  attached  papers  shall  be  plainly  printed  in  type 
of  which  the  face  shall  be  not  smaller  than  ten-point;  nor  (5)  unless  a 
brief  description  thereof  be  printed  on  its  first  page  and  on  its  filing 
back  in  type  of  which  the  face  shall  be  not  smaller  than  fourteen  point; 


Act  1670a,  §  3  general  laws.  864 

nor  (6)  unless  the  exceptions  of  the  policy  be  printed  with  the  same 
prominence  as  the  benefits  to  which  they  apply;  provided,  however,  that 
any  portion  of  such  policy  which  purports,  by  reason  of  the  circum- 
stances under  which  a  loss  is  incurred,  to  reduce  any  indemnity  promised 
therein  to  an  amount  less  than  that  provided  for  the  same  loss  occurring 
under  ordinary  circumstances,  shall  be  printed  in  bold-face  type  and 
with  greater  prominence  than  any  other  portion  of  the  text  of  the  policy. 

§  3.  Standard  provisions.  Every  such  policy  so  issued  shall  contain 
certain  standard  provisions,  which  shall  be  in  the  words  and  in  the 
order  hereinafter  set  forth  and  be  preceded  in  every  policy  by  the  cap- 
tion, "Standard  provisions."  In  each  such  standard  provision  wherever 
the  word  "insurer"  is  used,  there  shall  be  substituted  therefor  "com- 
pany" or  "corporation"  or  "association"  or  "society"  or  such  other  word 
as  will  proper]}'  designate  the  insurer.  Said  standard  provisions  shall 
be: 

(1)  Contract.  A  standard  provision  relative  to  the  contract  which 
may  be  in  either  of  the  following  two  forms:  form  (A)  to  be  used  in 
policies  which  do  not  provide  for  reduction  of  indemnity  on  account  of 
change  of  occupation,  and  form  (B)  to  be  used  in  policies  which  do  so 
provide.  If  form  (B)  is  used  and  the  policy  provides  indemnity  against 
loss  from  sickness,  the  words  "or  contracts  sickness"  may  be  inserted 
therein  immediately  after  the  words  "in  the  event  that  the  insured  is 
injured." 

(A)  Form  (A).  1.  This  policy  includes  the  indorsements  and  attached 
papers,  if  any,  and  contains  the  entire  contract  of  insurance.  No  reduc- 
tion shall  be  made  in  any  indemnity  herein  provided  by  reason  of  change 
in  the  occupation  of  the  insured  or  by  reason  of  his  doing  any  act  or 
thing  pertaining  to  any  other  occupation. 

(B)  Form  (B).  1.  This  policy  includes  the  indorsements  and  attached 
papers,  if  any,  and  contains  the  entire  contract  of  insurance  except  as 
it  may  be  modified  by  the  insurer's  classification  of  risks  and  premium 
rates  in  the_  event  that  the  insured  is  injured  after  having  changed  his 
occupation  to  one  classified  by  the  insurer  as  more  hazardous  than  that 
stated  in  the  policy,  or  while  he  is  doing  any  act  of  thing  pertaining 
to  any  occupation  so  classified,  except  ordinary  duties  about  his  residence 
or  while  engaged  in  recreation,  in  which  event  th^  insurer  will  pay  only 
such  portion  of  the  indemnities  provided  in  the  jiolicy  as  the  premium 
paid  would  have  purchased  at  the  rate  but  within  the  limits  so  fixed 
by  the  insurer  for  such  more  liazardous  occupation. 

If  the  law  of  the  state  in  which  the  insured  resides  at  the  time  this 
policy  is  issued  requires  that  prior  1o  its  issue  a  statement  of  the 
jtremium  rates  and  classification  of  rislvs  pertaining  to  it  shall  be  filed 
with  the  state  official  having  supervision  of  insurance  in  such  state  then 
the  j)reniium  rates  and  classification  of  risks  mentioned  in  this  policy 
Khali  niean  only  such  as  have  been  last  filed  by  the  insurer  in  accordance 
with  such  law,  but  if  such  filing  is  not  required  by  such  law  then  they 
shall  mean  the  insurer's  premium  rates  and  classsification  of  risks  last 
m.'idc  efToclive  by  it  in  such  state  prior  to  the  occurrence  of  the  loss  for 
vvhii'li   tlic  insurer  is  lialilc. 


Sfif)  INSURANCE.  A(!t  l<)7()a,  v;  :^ 

(li)  Changes  in  contract.  A  standard  provision  relative  to  changes  in 
tile  contract,   vvliicli   sliail   be   in  tlie  following  form: 

'2.  No  statement  made  Ijy  the  applicant  for  insurance  not  included 
lierein  shall  avoid  the  policy  or  be  used  in  any  legal  proceeding  here- 
under. No  agent  has  authority  to  change  this  policy  or  to  waive  any 
of  its  provisions.  No  change  in  tliis  policy  shall  be  valid  unless  ap- 
proved by  an  executive  officer  of  tlic  insurer  and  sucii  approval  be 
indorsed  hereon. 

(3)  Reinstatement  of  policy.  A  standard  provision  relative  to  rein- 
statement of  policy  after  lapse  which  may  be  in  either  of  the  three 
following  forms:  form  (A)  to  be  used  in  policies  which  insure  only 
against  loss  from  accident;  form  (B)  to  be  used  in  policies  which  in- 
sure only  against  loss  from  sickness;  and  form  (C)  to  be  used  in  poli- 
cies which  insure  against  loss  from  both  accident  and  sickness. 

(A)  3.  If  default  be  made  in  the  payment  of  the  agreed  premium  for 
this  policy,  the  subsequent  acceptance  of  a  premium  by  the  the  insurer 
or  by  any  of  its  duly  authorized  agents  shall  reinstate  the  policy,  but 
only  to  cover  loss  resulting  from  accidental  injury  thereafter  sustained. 

(B)  3.  If  default  be  made  in  the  payment  of  the  agreed  premium  for 
this  policy,  the  subsequent  acceptance  of  a  premium  by  the  insurer  or 
by  any  of  its  authorized  agents  shall  reinstate  the  policy  but  only  to 
cover  such  sickness  as  may  begin  more  tlian  ten  days  after  the  date  ot 
such  acceptance. 

(C)  3.  If  default  be  made  in  the  payment  of  the  agreed  premium 
for  this  policy,  the  subsequent  acceptance  of  a  premium  by  the  insurer 
or  by  any  of  its  duly  authorized  agents  shall  reinstate  the  policy  but 
only  to  cover  accidental  injury  thereafter  sustained  and  such  sickness 
as  may  begin  more  than  ten  days  after  the  date  of  snch  acceptance. 

(4)  Time  of  notice  of  claim.  A  standard  provision  relative  to  time 
of  notice  of  claim  which  may  be  in  either  of  the  three  following  forms: 
form  (A)  to  be  used  in  policies  which  insure  only  against  loss  from 
accident;  form  (B)  to  be  used  in  policies  which  insure  only  against  loss 
from  sickness,  and  form  (C)  to  be  used  in  policies  which  insure  against 
loss  from  both  accident  and  sickness.  If  form  (A)  or  form  (C)  is  used 
file  insurer  may  at  its  option  add  thereto  the  following  sentence:  "In 
event  of  accidental  death  immediate  notice  thereof  must  be  given  to 
the  insurer." 

(A)  4.  Written  notice  of  injury  on  which  claim  may  be  baseil  must  be 
given  to  the  insurer  within  twenty  days  after  the  date  of  the  accident 
causing  such  injury. 

(B)  4.  Written  notice  of  sickness  on  which  claim  may  be  based  must 
be  given  to  the  insurer  within  ten  days  after  the  commencement  of  the 
disability  from  such  sickness. 

(C)  4.  Written  notice  of  injury  or  of  sickness  on  which  claim  may  be 
based  must  be  given  to  the  insurer  within  twenty  days  after  the  date 
of  the  accident  causing  such  injury  or  within  ten  days  after  the  com- 
mencement of  disability  from  such  sickness. 

(5)  Sufficiency  of  notice  of  claim.  A  standard  provision  relative  to 
sufficiency   of  notice  of  claim  which  shall  be  in  the   following  form  and 

55 


Act  1670a,  §  3  gener.vl  laws.  866 

in  which  the  insurer  shall  insert  in  the  blank  space  such  office  and  its 
location  as  it  may  desire  to  designate  for  such  purpose  of  notice: 

5.  Such  notice  given  by  or  in  behalf  of  the  insured  or  beneficiary,  as 

the  ease  may  be,  to  the  insurer  at or  to  any  authorized  agent  of  the 

insurer,  with  particulars  sufficient  to  identify  the  insured,  shall  be 
deemed  to  be  notice  to  the  insurer.  Failure  to  give  notice  within  the 
time  provided  in  this  policy  shall  not  invalidate  any  claim  if  it  shall 
be  shown  not  to  have  Ijeen  reasonably  possible  to  give  such  notice  and 
that  notice  was  given  as  soon  as.  was  reasonably  possible. 

(6)  Forms  for  filiiig  proof  of  loss.  A  standard  provision  relative  to 
furnishing  forms  for  the  convenience  of  the  insured  in  submitting  proof 
of  loss  as  follows: 

6.  The  insurer  upon  receipt  of  such  notice,  will  furnish  to  the  claim- 
ant such  forms  as  are  usually  furnished  by  it  for  filing  proofs  of  loss. 
If  such  forms  are  not  so  furnished  within  fifteen  days  after  the  receipt 
of  such  notice,  the  claimant  shall  be  deemed  to  have  complied  with  the 
requirements  of  this  policy  as  to  proof  of  loss  upon  submitting  within 
the  time  fixed  in  the  policy  for  filing  proofs  of  loss,  written  proof  cov- 
ering the  occurrence,  character  and  extent  of  the  loss  for  which  claim 
is  made. 

(7)  Filing  proof  of  loss.  A  standard  provision  relative  to  filing  proof 
of  loss  which  shall  be  in  such  one  of  the  following  forms  as  may  be 
appropriate  to  the  indemnities  provided: 

(A)  7.  Affirmative  proof  of  loss  must  be  furnished  to  the  insurer  at 
its  said  office  within  ninety  days  after  the  date  of  the  loss  for  which 
claim  is  made. 

(B)  7.  Affirmative  proof  of  loss  must  be  furnished  to  the  insurer 
at  its  said  office  within  ninety  days  after  the  termination  of  the  period 
of  disability  for  which  the  company  is  liable. 

(C)  7.  Affirmative  proof  of  loss  must  be  furnished  to  the  insurer  at 
its  said  office  in  case  of  claim  for  loss  of  time  from  disability  within 
ninety  days  after  the  termination  of  the  period  for  which  the  insurer 
is  liable,  and  in  case  of  claim  for  any  other  loss,  within  ninety  days 
after  the  date  of  such  loss. 

(8)  Examination  of  person  insured.  A  standard  provision  relative  to 
examination  of  tlie  person  of  the  insured  and  relative  to  autopsy  which 
shall  be  in  the  following  form: 

8.  The  insurer  shall  have  llie  right  and  opportunity  to  examine  the 
person  of  the  insured  when  and  so  often  as  it  may  reasonably  require 
during  the  pendency  of  claim  hereunder,  and  also  the  right  and  oppor- 
tunity to  make  an  autopsy  in  case  of  death  where  it  is  not  forbidden  by 
law. 

(9)  Time  within  •which,  payments  made.  A  standard  provision  rela- 
tive the  time  within  which  payments  other  than  those  for  loss  of  time 
on  account  of  disability  shall  be  made,  which  provision  may  be  in  either 
of  the  following  two  forms  and  which  may  be  omitted  from  any  policy 
providing  only  indemnity  for  loss  of  time  on  account  of  disability.  The 
inHurer  shall  insert  in  the  blank  space  cither  the  word  "immediately" 
or  appropriate  language  to  designate  such  period  of  time,  not  more  than 


867  INSURANCE.  Act  1670a,  §  3 

sixty  days,  as  it  may  desire;  form  (A)  to  be  used  in  policies  which  do 
not  provide  indemnity  for  loss  of  time  on  account  of  disability  and  form 
(B)   to  be  used  in  policies  which,  do  so  provide. 

(A)  9.  All    indemnities    provided    in    this    policy    will    be    i)aid    

after  receipt  of  due  proof. 

(B)  9.  All   indemnities   provided    iu    this    policy    for   loss   other   than 

that  of   time   on   account   of   disability   will   be   paid after   receipt 

of  due  proof. 

(10)  Periodical  payments  of  indemnity.  A  standard  provision  relative 
to  periodical  payments  of  indemnity  for  loss  of  time  on  account  of  dis- 
ability, which  provision  shall  be  in  the  following  form,  and  which  may 
be  omitted  from  any  policy  not  providing  for  such  indemnity.  The 
insurer  shall  insert  in  the  first  blank  space  of  the  form,  appropriate 
language  to  designate  the  proportion  of  accrued  indemnity  it  may  desire 
to  pay,  which  proportion  may  be  all  or  any  part  not  less  than  one-half, 
and  in  the  second  blank  space  shall  insert  any  period  of  time  not 
exceeding  sixty  days: 

10.  Upon  request  of  the  insured  and  subject  to  due  proof  of  loss  • 

accrued  indemnity  for  loss  of  time  on  account  of  disability  will  be  paid 

at   the   expiration   of   each   during   the    continuance    of   the    period 

for  which  the  insurer  is  liable,  and  any  balance  remaining  unpaid  at  the 
termination  of  such  period  will  be  paid  immediately  upon  receipt  of  due 
proof. 

(11)  Indenuiity  payments.  A  standard  provision  relative  to  indemnity 
payments  which  may  be  in  either  of  the  two  following  forms:  form  (A) 
to  be  used  in  policies  which  designate  a  beneficiary  and  form  (B)  to  bo 
used  in  policies  which  do  not  designate  any  beneficiary  other  than  the 
insured: 

(A)  11.  Indemnity  for  loss  of  life  of  the  insured  is  paj'able  to  the 
beneficiary  if  surviving  the  insured,  and  otherwise  to  the  estate  of  the 
insured.     All  other  indemnities  of  this  policy  are  paj^able  to  the  insured. 

(B)  ll.  All  the  indemnities  of  this  policy  are  payable  to  the  insured. 

(12)  Cancellation  of  policy.  A  standard  provision  for  cancellation  of 
the  policy  at  the  instance  of  the  insured  which  shall  be  in  the  follow- 
ing form: 

12.  If  the  insured  shall  at  any  time  change  his  occupation  to  one 
classified  by  the  insurer  as  less  hazardous  than  that  stated  in  the  policy, 
the  insurer,  upon  written  request  of  the  insured,  and  surrender  of  the 
jiolicy,  will  cancel  the  same  and  will  return  to  the  insured  the  unearned 
premium. 

(13)  Rights  of  beneficiary.  A  standard  provision  relative  to  the  rights 
of  the  beneficiary  under  the  policy  which  shall  be  in  the  following  form 
and  which  maj'  be  omitted  from  any  policy  not  designating  a  beneficiary: 

13.  Consent  of  the  beneficiary  shall  not  be  requisite  to  surrender  or 
assignment  of  this  policy,  or  to  change  of  beneficiary,  or  to  any  other 
changes  in  the  policy. 

'  (14)  Time  within  which  suit  may  be  brought.  A  standard  provision 
limiting  the  time  within  which  suit  may  be  brought  upon  the  policy  as 
follows: 


Act  1670a,  §  4  general  laws.  868 

14.  No  action  at  law  or  in  equity  shall  be  brought  to  recover  on  this 
policy  prior  to  the  expiration  of  sixty  clays  after  proof  of  loss  has  been 
filed  in  accordance  with  the  requirements  of  this  policy,  nor  shall  such, 
action  be  brought  at  all  unless  brought  witliin  two  years  from  the  ex- 
piration of  the  time  within  which  proof  of  loss  is  required  by  the  policy. 

(15)  Time  limitations.  A  standard  provision  relative  to  time  limita- 
tions of  the  23oliey  as  follows: 

13.  If  any  time  limitation  of  this  policy  with  respect  to  giving  notice 
of  claim  or  furnishing  proof  of  loss  is  less  than  that  permited  by  the 
law  of  the  state  in  which  the  insured  resides  at  the  time  this  policy  is 
issued,  such  limitation  is  hereby  extended  to  agree  with  the  minimum 
period  permitted  by  such  law. 

§  i.  Optional  standard  provisions.  No  such  policy  shall  be  so  issued 
or  delivered  which  contains  any  provision  (1)  relative  to  cancellation 
at  the  instance  of  the  insurer;  or  (2)  limiting  the  amount  of  indemnity 
to  a  sum  less  than  the  amount  stated  in  the  policy  and  for  which  the 
premium  has  been  paid;  or,  (3)  providing  for  the  deduction  of  any  pre- 
mium from  the  amount  paid  in  settlement  of  claim;  or,  (4)  relative  to 
other  insurance  by  the  same  insurer;  or,  (5)  relative  to  the  age  limits 
of  the  policy;  unless  such  provisions  which  are  hereby  designated  as 
optional  standard  provisions,  shall  be  in  the  words  and  in  the  order 
in  which  they  are  hereafter  set  forth,  but  the  insurer  may  at  its  option 
omit  from  the  policy  any  such  optional  standard  provision.  Such  op- 
tional standard  provisions  if  inserted  in  the  policy  shall  immediately 
succeed  the  standard  provisions  named  in  section  three  of  this  act. 

(1)  Cancellation  of  policy.  An  optional  standard  provision  relative 
to  cancellation  of  the  policy  at  the  instance  of  the  insurer  as  follows: 

1 6.  The  insurer  may  cancel  this  policy  at  any  time  by  writen  notice 
delivered  to  the  insured  or  mailed  to  his  last  address,  as  shown  by  the 
records  of  the  insurer,  together  with  cash  or  the  insurer's  check  for  the 
unearned  portion  of  the  premiums  actually  paid  by  the  insured,  and  such 
cancellation  shall  be  without  prejudice  to  any  claim  originating  prior 
thereto. 

(2)  Reduction  of  amount  of  indemnity.  An  optional  standard  pro- 
vision relative  to  reduction  of  the  amount  of  indemnity  to  a  sum  less 
than  that  stated  in  the  jjolicy  as  follows: 

17.  If  th0  insured  shall  carry  with  another  company,  corporation,  as- 
sociation or  society  other  insurance  covering  the  same  loss  giving  writ- 
ten notice  to  the  insurer,  then  in  that  case  the  insurer  shall  bo  liable 
only  for  such  portion  of  the  indemnity  promised  as  the  said  indemnity 
bears  to  the  total  amount  of  like  indemnity  in  all  policies  covering  such 
loss,  and  for  the  return  of  such  part  of  the  premium  paid  as  shall  ex- 
coed  the  pro  rata  for  the  indemnity  thus  determined. 

(3)  Deduction  of  premium.  An  optional  standard  provision  relative 
to  deduction  of  prciiiiuin  upon  settlement  of  claim  as  follows: 

18.  Upon  the  payment  of  claim  hereunder  any  premium  then  due  and 
unpaid  or  covori'd  by  any  note  or  written  order  may  be  deducted  there- 
from. 


869  INSURANCE.  Act  1670a,  §§  5, 6 

(4)  other  insurance.  An  optiuual  standard  provision  relative  to  other 
insurance  by  the  same  insurer  which  shall  be  in  such  one  of  the  follow- 
ing forms  as  may  be  appropriate  to  the  indemnities  provided,  and  in 
the  blank  spaces  of  which  the  insurer  shall  insert  such  upward  limits 
of  indemnity  as  are  specified  by  the  insurer's  classification  of  risks,  filed 
as  required  by  this  act. 

(A)  19.  If  a  like  policy  or  policies,  previously  issued  by  the  insurer 
to  the  insured  be  in  force  concurrently  herewith,  making  the  aggregate 

indemnity  in  excess  of  $ ,  the  excess  insurance  shall  be  void  and  all 

[iromiums  paid  for  such  excess  shall  be  returned  to  the  insured. 

(B)  19.  If  a  like  policy  or  policies,  previously  issued  by  the  insurer 
to  the  insured  be  in  force  concurrently  herewith,  making  the  aggregate 

indemnity  for  loss  of  time  on   account  of  disability  in   excess  of  $ 

weekly,   the   excess   insurance  shall   be   void   and   all   premiums  paid   for 
such  excess  shall  be  returned  to  the  insured. 

(C)  19.  If  a  like  policy  or  policies,  previously  issued  by  the  insurer 
to  the  insured  be  in  force  concurrently  herewith  making  the  aggregate 
indemnity  for  Joss  other  than  that  of  time  on  account  of  disability  in 

excess  of  $ ,  or  the  aggregate  indemnity  for  loss  of  time  on  account 

of   disability  in   excess  of  $ weekly   the   excess  insurance   of  either 

kind  shall  be   void   and   all    premiums  paid   for  such   excess   shall  be  re- 
turned to  the  insured. 

(5)  Age  limits.  An  optional  standard  provision  relative  to  the  age 
limits  of  the  policy  which  shall  be  in  the  following  form  and  in  the 
blank  spaces  of  which  the  insurer  shall  insert  sufh  number  of  years  as 
it  may  elect: 

20.  The  insurance  under  this  policy  shall  not  cover  any  person  under 

the  age   of years   nor   over   the  age   of  years.     Any  premium 

paid   to   the  insurer  for   an}'   period  not   covered   by   this  policy   will  be 
returned  unon  request. 

§5.  Contradictory  provisions.  No  such  policy  shall  be  so  issued  or 
delivered  if  it  contains  any  provision  contradictory,  in  whole  or  part, 
of  any  of  the  provisions  hereinbefore  in  this  act  designated  as  "Stand- 
ard provisions"  or  as  "Optional  standard  provisions";  nor  shall  any 
indorsements  or  attached  papers  vary,  alter,  extend,  be  used  as  a  sub- 
stitute for,  or  in  any  way  conflict  with  any  of  the  said  "Standard  pro- 
visions" or  the  said  "Optional  standard  provisions";  nor  shall  such 
policy  be  so  issued  or  delivered  if  it  contains  any  provisions  purport- 
ing to  make  any  portion  of  the  charter,  constitution  or  by-laws  of  the 
insurer  a  part  of  the  policy  unless  such  portion  of  the  charter,  consti- 
tution or  by-laws  shall  be  set  forth  in  full  in  the  policy,  but  this  pro- 
hibition shall  not  be  deemed  to  apply  to  any  statement  of  rates  or  classi- 
fication of  risks  filed  with  the  commissioner  of  insurance  in  accordance 
with  the  provisions  of  this  act. 

§  6.  False  statement.  The  falsity  of  any  statement  in  the  applica- 
tion for  any  policy  covered  by  this  act  shall  not  bar  the  right  to  re- 
covery thereunder  unless  such  false  statement  was  made  with  actual  in- 
tent to  deceive  or  unless  it  materially  affected  either  the  acceptance  of 
the  risk  or  the  hazard  assumed  by  the  insurer. 


Act  1670a,  §§  7-11  general  laws.  870 

§7.  Rights  of  insurer  in  defense  of  claim.  The  acknowledgment  by 
any  insurer  of  the  receipt  of  notice  given  under  any  policy  covered 
by  this  act,  or  the  furnishing  of  forms  for  filing  proofs  of  loss,  or  the 
acceptance  of  such  proofs,  or  the  investigation  of  any  claim  thereunder 
shall  not  operate  as  a  waiver  of  any  of  the  rights  of  the  insurer  in  de- 
fense of  any  claim  arising  under  such  policy. 

§8.  Alteration  of  application.  No  alteration  of  any  written  appli- 
cation for  insurance  by  erasure,  insertion  or  otherwise,  shall  be  made 
by  any  jjerson  other  than  the  applicant  without  his  written  consent, 
and  the  making  of  any  such  alteration  without  the  consent  of  the  ap- 
plicant shall  be  a  misdemeanor.  If  such  alteration  shall  be  made  by 
any  officer  of  the  insurer,  or  by  any  employee  of  the  insurer  with  the 
insurer's  knowledge  or  consent,  then  such  act  shall  be  deemed  to  have 
been  performed  by  the  insurer  thereafter  issuing  the  policy  upon  such 
altered  application. 

§9.  Policy  in  violation  of  act.  A  policy  issued  in  violation  of  this 
act  shall  be  held  valid  but  shall  be  construed  as  provided  in  this  act 
and  when  any  provision  in  such  a  policy  is  in  conflict  with  any  provision 
of  this  act  the  rights,  duties  and  obligations  of  the  insurer,  the  policy- 
holder and  the  beneficiary  shall  be  governed  by  the  provisions  of  this 
act. 

§  10.     Policies  issued  by  insurer  not  organized  under  laws  of  state. 

The  policies  of  insuraiu'c  against  accidental  bodily  injury  or  sickness 
issued  by  an  insurer  not  organized  under  the  laws  of  this  state  may 
contain,  when  issued  in  this  state,  any  provision  which  the  law  of  the 
state,  territory  or  district  of  the  United  States  under  which  the  insurer 
is  organized,  prescribes  for  insertion  in  such  policies,  and  the  policies 
of  insurance  against  accidental  bodily  injury  or  sickness  issued  by  an 
insurer  organized  under  the  laws  of  this  state  may  contain,  when  issued 
or  delivered  in  any  other  state,  territory,  district  or  country,  any  pro- 
vision required  by  the  laws  of  the  state,  territory,  district  or  country 
in  which  the  same  are  issued,  anything  in  this  section  to  the  contrary 
notwithstanding. 

§11.  Not  applicable  to  workmen's  compensation  insurance,  etc.  (1) 
Nothing  in  this  act,  however,  sliall  apply  to  or  affect  any  policy  or  lia- 
bility of  workmen's  compensation  insurance  or  any  general  or  blanket 
policy  of  insurance  issued  to  any  municipal  corporation  or  department 
thereof  or  to  any  corporation,  copartnership,  association  or  individual 
employer,  police  or  fire  department,  underwriters'  corps,  salvage  bureau, 
or  like  associations  or  organizations,  where  the  oflicers,  members  or 
eini)ioyees  or  classes  or  departments  thereof  are  insured  for  their  in- 
dividual benefit  against  specified  accidental  bodily  injuries  or  sickness 
wliilf!  exjposed  In  llif  li;i/.;iiils  ol'  llie  (k(mi|i;iI  ion  or  otherwise  in  consid- 
eration of  a  |)icniiiiiii  intcinlcil  lo  cover  Uie  risks  of  all  tiie  ])ersons 
iiiHiired    nndfi-   smli    jiolii'V. 

(2)  Supplemental  contracts.  Nothing  in  this  act  siiall  apply  to  or 
in  any  wav  iilVccI  cdntiiicts  jnoviding  additional  benefits  for  accidental 
death    sii|i|ilc''iiriil  nl    to    i-ontrncfy    of    life    or    endownieiit    insurance    nor 


871  INSURANCE.  Act  1672c 

where  such  supplemental  contracts  contain  provisions  which  operate  to 
safeguard  such  insurance  against  lapse  or  to  provide  a  special  surrender 
value  therefor  in  the  event  that  the  insured  shall  be  totally  and  per- 
manently disabled  by  reason  of  accidental  bodily  injury  or  by  sickness; 
provided,  that  no  such  supplemental  contract  shall  be  issued  or  deliv- 
ered to  any  person  in  this  state  unless  and  until  a  copy  of  the  form 
thereof  has  been  submitted  to  and  approved  by  the  commissioner  of  in- 
surance, under  such  reasonable  rules  and  regulations  as  he  shall  make 
concerning  the  provisions  in  such  contracts  and  their  submission  to  and 
approval  by  him. 

(3)  Fraternal  societies.  Nothing  in  this  act  shall  apply  to  or  in  any 
way  affect  fraternal  benefit  societies. 

(4)  Railroad,  ticket  policies.  The  provisions  of  this  act  contained  in 
clause  (five)  of  section  two  and  clauses  two,  three,  eight  and  twelve 
of  section  three  may  be  omitted  from  railroad  ticket  policies  sold  only 
at  railroad  stations,  or  at  railroad  ticket  offices,  by  railroad  employees. 

§  12.  Penalty.  Any  company,  corporation,  association,  society  or 
other  insurer  or  any  officer  or  agent  thereof,  which  or  who  issues  or 
delivers  to  any  person  in  this  state  any  policy  in  willful  violation  of  the 
provisions  of  this  act  shall  be  punished  by  a  fine  of  not  more  than  one 
hundred  dollars  for  each  offense  and  the  commissioner  of  insurance  may 
revoke  the  license  of  any  company,  corporation,  association,  society  or 
other  insurer  of  another  state  or  country,  or  of  the  agent  thereof,  which 
or  who  willfully  violates  any  provision  of  this  act. 

§13.  "Indemnity."  The  term  "indemnity,"  as  used  in  this  act,  means 
benefits  promised. 

§  14.  Penalty  for  discrimination.  No  insurance  corporation  authorized 
in  this  state  to  issue  or  deliver  insurance  against  loss  or  damage  from 
sickness,  or  bodily  injury  or  death  by  accident,  nor  any  agent  of  such 
corporation,  shall  make  or  permit  any  discrimination  between  individuals 
of  the  same  class  in  the  amount  of  premiums,  policy  fees,  or  rates 
charged  for  any  policy  of  accident  or  health  insurance,  or  in  the  bene- 
fits payable  thereunder  or  in  any  of  the  terms  or  conditions  of  such 
insurance  contract,  or  in  any  other  manner  whatsoever.  Any  person 
or  corporation  violating  any  provision  of  this  section  shall  be  guilty  of 
a  misdemeanor. 

§  15.  In  effect,  when.  This  act  shall  take  effect  on  the  first  day  of 
January,  191S.  Any  policy  covered  by  this  act  the  form  of  which  has 
received  the  ajiproval  of  the  commissioner  of  insurance  may  be  issued 
or  delivered  in  this  state  on  and  after  the  said  date. 

ACT  1672c. 

An  act  defining  certain  classes  of  contracts  for  the  exchange  of  indem- 
nity, prescribing  regulations  therefor  and  fixing  a  license  fee.  [Ap- 
proved December  24,  1911.     Stats.  Ex.  Sess.  1911,  p.  111.] 

Repealed  May  26,  1917;  Stats.  1917,  p.  1170.     See  Act  1672k. 


Act  1672k,  §§  1-3  GENERAL    LAWS.  872 

ACT   1672k. 

All  act  providing  lor  reciprocal  and  interexchauges  of  indemuities, 
prescribing  regulations  therefor  and  fixing  a  license  fee,  anu  re- 
pealing an  act  entitled  "An  act  defining  certain  classes  of  contracts 
for  the  exchange  of  indemnity,  prescribing  regulations  therefor 
and  fixing  a  license  fee,"  approved  December  24,  1911. 

[Approved  May  26,  1917.     Stats.  1917,  p.  117U.     In  efPect  July  27,  1917.] 

§  1.  Exchange  of  reciprocal  or  interinsurance  contracts.  Individuals, 
partnerships  and  corporations  of  this  state,  hereby  designated  sub- 
scribers, are  hereby  authorized  to  exchange  reciprocal  or  interinsurance 
contracts  with  each  other,  or  with  individuals,  partnerships  and  corpora- 
tions of  other  states,  territories,  districts  and  countries,  providing 
insurance  among  themselves  from  any  loss  which  may  be  insured  against 
under  other  provisions  of  law,  except  life  insurance. 

§  2.  Execution  of  contracts.  Such  contracts  may  be  executed  by  an 
attorney,  agent  or  other  representative  herein  designated  as  attorney, 
duly  authorized  and  acting  for  such  subscribers  under  powers  of  at- 
torney, and  such  attorney  may  be  a  corporation.  The  principal  oflEice 
of  such  attorney  shall  be  maintained  at  such  place  as  is  designated  by 
the  subscribers  in  the  power  of  attorney.  The  power  of  attorney  may 
further  provide  for  the  right  of  substitution  and  revocation  and  impose 
such  restrictions  upon  the  exercise  of  the  power  granted  as  may  be 
agreed  upon  by  the  subscribers,  and  may  further  provide  for  the  exer- 
cise of  any  right  reserved  to  the  subscribers,  directly  or  through  a 
board  or  other  body  to  be  selected  under  such  rules  or  regulations  as 
the  subscribers  may  adopt. 

§  3.  Declaration  filed,  with  insurance  commissioner.  Such  subscribers 
so  contracting  among  themselves  shall  through  their  attorney,  file  with 
the  insurance  commissioner  a  declaration  verified  by  the  oath  of  such 
attorney,  or  where  such  attorney  is  a  corporation,  by  the  oath  of  the 
duly  authorized  officers  thereof,  setting  forth: 

(a)  The  name  of  the  attorney  and  the  name  or  designation  under 
which  sucli  contracts  are  issued,  which  name  or  designation  shall  not 
be  so  similar  to  any  name  or  designation  adopted  by  any  attorney  or 
by  any  insurance  organization  in  the  United  States  writing  the  same 
class  of  insurance,  prior  to  the  adoption  of  such  name  or  designation 
by  the  attorney,  as  to  contuse  or  deceive. 

(b)  The  location  of  the  principal  office. 

(c)  The  kind  or  kinds  of  insurance  to  be  effected. 

(d)  A  copy  of  each  form  of  policy,  contract  or  agreement  under  or 
by  which  insurance  is  to  be  effected. 

(e)  A  copy  of  tlic  form  of  power  of  attorney  under  which  such'insur- 
ance  is  to  be  effected. 

(f)  That  applications  have  been  made  for  insurance  upon  at  least  one 
hundred  separate  risks  aggregating  not  less  than  one  million  dollars 
ri']irfsented  by  executed  contracts  or  bona  fide  applications  to  become 
I'oiKMnreiitly    cITcctive;    or   in    case    of    ciii ploycr's    liability    or    workmen's 


873  INSURANCE.       Act  1672k,  §§  4, 5 

compensation  insurance,  covering  a  total  pay  roll  of  not  less  tlian  one 
million  dollars. 

(g)  That  there  is  in  the  possession  of  such  attorney  and  available 
for  the  payment  of  losses,  assets  conforming  to  the  requirements  of 
section  six  hereof. 

(h)  A  financial  statement  under  oath  in  form  hereinafter  prescribed 
for  the  annual  statement. 

(i)  The  instrument  authorizing  service  of  process  as  provided  for  in 
this  act. 

(j)    Certificate  showing  di'posits  of  funds  ur  securities. 

§4.  Instrument  and  bond  filed  by  attorney,  ("oucurrently  with  the 
filing  of  the  declaration  provided  for  the  terms  of  section  three  of  this 
act,  the  attorney  shall  file  with  the  insurance  commissioner: 

(a)  An  instrument  in  writing  execitted  by  him  for  said  subscribers, 
conditioned  that  upon  the  issuance  of  certificate  of  authority  provided 
for  in  this  act,  action  may  be  brought  in  the  county  in  which  the  prop- 
erty or  person  insured  thereunder  is  located  and  service  of  process 
may  be  had  upon  the  insurance  commissioner  in  all  suits  in  this  state 
arising  out  of  such  policies,  contracts  or  agreements,  which  service 
shall  be  valid  and  binding  upon  all  subscribers  exchanging  at  any  time 
reciprocal  or  interinsuranee  contracts  through  such  attorney.  Three 
copies  of  such  process  shall  be  served  and  the  insurance  commissioner 
shall  file  one  copy,  forward  one  copy  to  said  attorney  by  registered 
mail  addressed  to  the  attorney  at  the  principal  ofiice  as  fixed  in  the  cer- 
tificate filed,  and  shall  return  one  copy  with  his  admission  of  service. 
A  judgment  rendered  in  any  such  case  where  service  of  process  has  been 
so  made  shall  be  valid  and  binding  against  any  and  all  such  subscribers 
as  their  interests  appear  and  such  judgment  may  be  satisfied  out  of 
the  funds  in  th&j)ossession  of  the  attorney  belonging  to  such  subscribers 
or  otherwise. 

(b)  Bond.  A  bond  in  favor  of  the  people  of  the  state  of  California, 
executed  by  the  said  attorney,  with  two  sureties  to  be  approved  by  the 
insurance  commissioner,  in  the  penal  sum  of  ten  thousand  dollars,  con- 
ditioned that  the  attorney  will  faithfully  perform  the  duties  imposed 
upon  him  under  the  said  powers  of  attorney  and  faithfully  account  for 
moneys  handled  by  him  thereunder;  such  bond  may  be  sued  upon  by 
any  subscriber  suffering  loss  through  violation  of  the  conditions  thereof 
and  liability  thereunder  may  be  enforced  by  any  individual  subscribers 
or  any  number  of  subscribers,  in  one  and  the  same  action;  provided, 
however,  that  where  the  ])ower  of  attorney  executed  by  the  subscribers 
or  the  rules  and  regulations  adopted  by  the  association  for  the  conduct 
of  its  business  thereunder,  provide  for  the  bonding  of  the  attorney,  a 
certified  copy  of  the  bond  executed  in  accordance  with  such  powers  of 
attorney  or  rules  and  regulations,  shall  be  filed  with  the  insurance  com- 
missioner   in    lieu    of   any    otli(M'    bond    r(>(|Li  i  red    under    this    act. 

§5.  Statement  of  indemnity.  There  shall  lie  filed  with  the  insurance 
commissioner  by  such  attorney  wtienc\ei-  the  insurance  commissioner 
shall  so  require,  a  statement  under  oath  of  sucli  attorney  showing  the 
maximum    amount    of    indemnity    upon    :i    single    risk,    and,   excejit    as   to 


Act  1672k,  §§  6, 7  general  laws.  874 

workmen's  couiijeusation  insurauce,  no  subscriber  shall  assume  on  any 
single  risk  an  amount  gi eater  than  ten  per  cent  of  the  net  worth 
of  such  subscriber  where  the  liability  assumed  exceeds  the  amount  of  one 
premium  deposit. 

§  6.  Assets  to  be  maintained.  If  deficiency  in  assets.  Reserves  of  in- 
dependent groups.  There  shall  at  all  times  be  maintained  as  assets,  a 
sum  in  cash  or  securities  of  the  kind  designated  by  the  laws  of  the  state 
where  the  principal  office  is  located  for  the  investment  of  funds  of  in- 
surance companies,  equal  to  one  hundred  per  cent  of  the  net  unearned 
premiums  or  deposits  collected  and  accredited  to  the  accounts  of  sub- 
scribers, or  assets  equal  to  fifty  per  cent  of  the  net  annual  deposits 
collected  and  credited  to  the  accounts  of  su'bscribers  on  policies  having 
one  year  or  less  to  run  and  pro  rata  on  those  for  longer  periods,  in  ad- 
dition to  which  there  shall  be  maintained  as  a  reserve  in  cash  or  such 
securities,  assets  sufficient  to  discharge  all  liabilities  on  all  outstanding 
losses  arising  under  policies  issued,  the  same  to  be  calculated  on  the  basis 
of  net  premiums  or  deposits  as  in  this  section  defined,  unless  otherwise 
provided  by  law,  and  in  accordance  with  the  laws  of  the  state  relating  to 
similar  reserves  for  companies  insuring  similar  risks. 

For  the  purpose  of  computing  said  reserves  and  assets,  net  deposits 
shall  be  construed  to  mean  the  advance  payments  of  subscribers  after 
deducting  therefrom  the  amount  specifically  provided  in  the  subscribers' 
agreement  for  expense.  If  at  any  time  the  assets  so  held  in  cash  or  such 
securities,  exclusive  of  loss  reserves  herein  provided  for,  shall  be  less 
than  required  above,  or  be  less  than  twenty-five  thousand  dollars,  the 
subscribers,  or  their  attorney  for  them  shall  make  up  the  deficiency 
within  thirty  days  after  notice  from  the  insurance  commissioner  so  to 
do. 

Where  the  subscribers  are  grouped,  by  industries  or  otherwise,  under 
any  rule  or  agreement  which  exempts  the  funds  of  one  group  from  lia- 
bility, in  whole  or  in  part,  for  the  payment  of  losses  or  expenses  charge- 
able against  another  group,  each  independenf  group  must  maintain  the 
reserve  herein  specified  and  comply  with  the  requirements  of  subdivision 
(f)  of  section  three  hereof,  relative  to  the  number  and  amount  of  risks 
to  be  assumed. 

§  7,  Report  of  financial  condition.  Examination  by  insurance  com- 
missioner. Such  attorney  shall,  within  the  time  limited  for  filing  the 
annual  s|Btement  by  insurance  companies  transacting  the  same  kind  of 
business,  make  a  report,  under  oath,  to  the  insurance  commissioner  for 
each  calendar  year,  showing  the  financial  condition  of  aff?.irs  at  the 
office  where  such  contracts  are  issued,  and  shall  at  any  time  furnish  such 
additional  information  and  reports  as  may  be  required;  provided,  how- 
ever, that  the  attorney  shall  not  be  required  to  furnish  the  names  and 
addresses  of  any  subscribers  except  in  case  of  an  unpaid  final  judgment. 
The  assets,  business  afTairs  and  records  of  such  organization,  shall  be 
subject  to  examination  by  the  insurance  commissioner  at  any  reasonable 
time,  and  such  examination  shall  l)e  at  tlie  expense  of  the  organization 
examined.  The  right  of  oxaminafion  herein  granted  shall  include  the 
right  to  examine  the  records  containing  tlie  names  and  addresses  of  the 


875  INSURANCE.      Act  1672k,  §§  8-12 

subscribers,  but  any  information  obtained  therefrom  shall  be  regarded 
as  confidential  and  tlie  disclosure  {hereof,  except  under  order  of  court, 
shall  constitute  a  breach  of  official  duty.  Where  the  principal  office  of 
the  attorney  is  located  in  another  state,  the  insurance  commissioner  may, 
in  lieu  of  the  examination  provided  for  in  this  section,  accept  a  cer- 
tified copy  of  the  report  of  examination  made  by  the  insurance  depart- 
ment of  the  state  where  the  principal  office  is  located,  or  by  tlie  insurance 
department  of  any  other  state. 

§  8.  Right  of  corporation  to  enter  into  insurance  contracts.  Any  cor- 
poration now  or  hereafter  organized  under  the  laws  of  the  state  shall,  in 
addition  to  the  rights,  powers  and  franchises  specified  in  its  articles 
of  incorporation,  have  full  power  and  authority  to  enter  into  insurance 
contracts  of  the  kind  and  character  herein-  mentioned.  The  right  to 
enter  into  such  contracts  is  hereby  declared  to  be  incidental  to  the  pur- 
])0ses  for  which  such  corporations  are  organized  and  as  fully  granted  as 
the  rights  and  powers  expressly  conferred. 

§  9.  Certificate  of  authority.  Upon  compliance  with  the  requirements 
of  this  act,  the  insurance  commissioner  shall  issue  a  certificate  of  author- 
ity or  a  license  to  the  attorney  authorizing  him  to  make  such  contracts  of 
insurance,  which  license  siiall  specify  the  kind  or  kinds  of  insurance  to  be 
effected  and  shall  contain  the  name  of  the  attorney,  the  location  of  the 
principal  office  and  the  name  of  the  designation  under  which  such  contracts 
of  insurance  are  issued.  Such  license  shall  be  renewed  annually  upon  a 
showing  that  the  standard  of  solvency  required  herein  has  been  main- 
tained and  all  fees  and  taxes  required  have  been  paid. 

§  10.  Penalty.  Any  attorney  who  shall  exchange  any  contracts  of 
insurance  of  the  kind  and  character  specified  in  this  act,  or  any  attorney 
or  representative  of  such  attorney,  who  shall  solicit  or  negotiate  any 
applications  for  same  without  the  attorney  first  complying  with  the  fore- 
going provisions,  shall  be  deemed  guilty  of  a  misdemeanor.  For  the 
purpose  of  organization,  and  upon  issuance  of  permit  by  the  insurance 
commissioner,  powers  of  attorney  and  applications  for  such  contracts  may 
be  solicited  without  compliance  with  the  provisions  of  this  act,  but  no 
attorney,  agent  or  other  person  shall  make  any  such  contracts  of  in- 
surance until  all  of  the  provisions  of  this  act  shall  have  been  complied 
with. 

§  11.  Eevocation  of  certificate.  In  addition  to  the  foregoing  penal- 
ties and  wlicre  not  otluMwise  provided,  the  penalty  for  failure  or  refusal 
to  comply  with  any  or  all  of  the  terms  and  provisions  of  this  act,  upon 
the  part  of  the  attorney,  shall  be  the  refusal,  suspension  or  revocation 
of  certificate  of  authority  on  license  by  the  insurance  commissioner  after 
due  notice  and  opportunity  for  hearing  has  been  given  such  attorney  so 
that  he  may  appear  and  show  cause  why  such  action  should  not  be  taken. 

§  12.  Fees.  Tax  upon  gross  premiums.  In  lieu  of  all  other  taxes, 
licenses  or  fees  whatever,  state  or  local,  such  attorney  shall  pay  annu- 
ally on  account  of  the  transaction  of  such  business  in  this  state,  the 
same  fees  as  are  paid  by  mutual  companies  transacting  the  same  kind 


Act  1672  1,  §§  1,  2  GENERAL   LAWS.  876 

of  business,  and  an  annual  tax  upon  the  gross  premiums  or  deposits, 
collected  from  subscribers  in  this  state  during  the  preceding  calendar 
year,  after  deducting  therefrom  deposit  returns  or  cancellations,  con- 
sideration for  reinsurance  and  all  amounts  returned  to  subscribers  or 
credited  to  their  accounts  as  savings;  such  tax  to  be  computed  at  the 
same  rate  as  fixed  by  law  for  the  taxation  of  mutual  companies  trans- 
acting the  same  kind  of  business. 

§  13.  Provisions  inserted  not  inconistent  with  law.  The  attorney 
may  insert  in  any  form  of  policy  ^jrescribed  by  the  laws  of  this  state 
any  provisions  or  conditions  required  by  the  plan  of  reciprocal  or  inter- 
insurance;  provided,  that  same  shall  not  be  inconsistent  with  or  in  con- 
flict with  any  law  of  this  state.  Such  policy  in  lieu  of  conforming  to 
the  language  and  form  prescribed  by  such  law  shall  be  held  to  conform 
thereto  in  substance  if  such  policy  includes  a  provision  or  indorsement 
reciting  that  the  policy  shall  be  construed  as  if  in  the  language  and  form 
prescribed  by  such  law.  Any  such  indorsement  shall  first  be  filed  with 
the  insurance?  commissioner. 

§  14.     Not  subject  to  insurance  laws.     Right  of  insurance  commissioner. 

Except  as  herein  provided,  the  making  of  contracts  as  herein  provided 
for  and  such  other  matters  as  are  incident  thereto  shall  not  be  subject 
to  the  laws  of  this  state  relating  to  insurance  unless  they  are  therein 
specifically  mentioned.  This  section  shall  not  be  construed  however, 
as  depriving  the  insurance  department  of  the  state  of  examination  of  and 
supervision  over  reciprocal  or  interinsurance  exchanges,  their  agents  and 
brokers,  of  the  right  to  hold  and  conduct  hearings  in  the  manner  and 
under  the  same  procedure  as  provided  by  law  in  the  case  of  mutual  or 
other  insurance  companies  but  such  right  is  hereby  expressly  recognized 
and  confirmed. 

§  15.  Repealed.  All  laws  or  parts  of  laws  in  conflict  herewith  are 
hereby  repealed. 

ACT  16721. 

An  act  authorizing  the  governor  to  appoint  a  commission  to  investigate 
and  advise  the  legislature  concerning  the  adoption  of  a  system  of 
social  insurance,  and  to  make  a  report  to  the  forty-third  session  of 
tlie  legislature  iiiid  making  an  appropriation  tliorefor. 

lApprovi'.l    May    11,    l!»!7.      Stuts.    1017,  ji.  4<iS.      hi   effect  .Inly  27,  1017.] 

§  1.  Commission  to  investigate  social  insurance.  The  governor  of  the 
stfitc  of  California  is  hereby  authorized  and  requested  to  appoint  a  com- 
mission of  seven  persons,  citizens  of  this  state,  to  investigate  and  ad- 
vise the  legislatnit'  concerning  the  adoption  of  a  system  of  social  in- 
surance, 'i'lic  commission  shall  rcjiort  to  the  forty-third  session  of  the 
legislature  the  dclails  of  any  oi'  all  branches  of  a  social  insurance  sys- 
tem it  may  deem  advisable,  and  may  recommend  for  ado|itioii  any  meas- 
ure or  measures  it  deems  expedient. 

§2.  Powers.  Tlic  cumniissiun  .<liall  h,i\i'  power  to  subpoena  wit- 
nesses and  to  I'lilorcc  their  attendance  at  any   public   hearings  that  may 


877  INSURANCE.  Act  1672m,  §  1 

be    held   for    the    purpose    of   obtaiuiug   evidence    of    conditions    bearing 
upon  the  establishment  of  any  system  of  social  insurance. 

§  3.  Duty  of  persons,  etc.,  to  supply  information.  It  shall  be  the 
duty  of  every  persou,  firm  or  corporation  employing  labor  in  this  state 
to  supply  the  commission,  at  its  request,  with  any  and  all  information 
from  the  boolis,  reports,  contracts,  pay-rolls,  documents  or  papers  of 
such  person,  firm  or  corporation  which  the  commission  may  require  to 
carry  out  the  purposes  of  this  act. 

§  i.  Traveling  expenses.  Secretary.  The  members  of  the  commis- 
sion shall  serve  without  pay  but  shall  be  reimbursed  for  traveling  ex- 
penses incurred  in  connection  with  the  work  of  the  commission.  The 
commission  shall  have  power  to  employ  an  executive  secretary  and  ex- 
pert, clerical  and  other  assistants. 

§  5.  Appropriation.  Revolving  fund.  There  is  hereby  appropriated 
out  of  the  general  fund,  not  otlierwise  appropriated,  the  sum  of  twenty- 
two  thousand  five  hundred  dollars,  or  any  portion  thereof,  as  may  in 
the  judgment  of  the  commission  be  required  for  the  purposes  of  this  act. 
The  sum  of  five  hundred  dollars  of  said  money  may  be  drawn  from  the 
state  treasury  upon  approval  of  the  state  board  of  control  without  the 
submission  of  receipts,  vouchers  or  itemized  statements  to  be  used  by 
the  commission  as  a  cash  revolving  fund  to  facilitate  its  work. 

ACT  1672ni. 

An  act  to  provide  for  the  establishment  and  maintenance  by  fire  in- 
surance corporations  of  guaranty  surplus  funds  and  special  reserve 
funds  and  thereby  limiting  liability  and  to  provide  for  the  waiver 
by  policy-holders  of  recourse  against  stockholders  of  such  corpora- 
tions. 

[Approved  May  31,  1917.     Stats.  1917,  p.  1378.     In  effect  July  30,  1917.] 

§  1.  Guaranty  surplus  fund  and  special  reserve  fund  may  be  created. 
Limitation  on  amount  of  dividend.  Sum  deducted  in  estimating  profits. 
Every  domestic  corporation  having  a  capital  stock  issuing  fire  insurance 
policies  may  at  its  option  create  a  guaranty  surplus  fund  and  a  special 
reserve  fund  by  the  adoption  of  a  resolution  by  its  board  of  directors 
at  a  regular  meeting,  and  by  filing  with  the  insurance  commissioner  a 
copy  thereof,  declaring  their  desire  and  intention  to  create  such  funds 
and  to  do  business  under  this  and  the  two  following  sections.  The  in- 
surance commissioner  shall  thereupon  make  or  cause  to  be  made  a  cer- 
tificate of  the  result  thereof,  wliich  shall  particularly  set  forth  the 
amount  of  surplus  funds  held  by  it  at  the  date  of  the  examination,  and 
the  same  may  be  equally  divided  between  and  set  apart  to  constitute 
guaranty  purplus  and  special  reserve  funds  to  the  extent  necessary  to 
constitute  such  two  funds.  Said  certificate  shall  be  recorded  in  the 
office  of  the  insurance  commissioner.  Thereafter  all  policies  and  renew- 
als of  policies  issued  by  such  corporation  shall  contain  a  provision  that 
they  are  issued  under  and  in  pursuance  of  this  act,  referring  to  the  same 
by  the  title  of  this  act,  and  all  such  policies  and  renewals  shall  be  subject 


Act  1672m,  §  2  general  laws.  878 

to  the  provisions  of  this  act,  and  a  policy-holder,  by  accepting  the  policy, 
becomes  bound  thereby.  After  the  passage  and  filing  of  such  resolution, 
the  corporation  shall  not  make,  declare  or  pay  in  any  form  any  dividend 
upon  its  capital  stock  exceeding  seven  per  centum  per  annum  thereon,  and 
upon  the  surplus  funds  to  be  formed  thereunder,  until  after  its  guaranty 
surplus  fund  and  its  special  reserve  fund  shall  have  together  accumulated 
to  an  amount  equal  to  its  capital  stock;  and  until  such  funds  shall  to- 
gether amount  to  a  sum  equal  to  its  capital  stock,  the  entire  surplus 
profits  of  the  corporation  above  such  annual  dividend  of  seven  per 
centum  shall  be  equally  divided  between  and  be  set  apart  to  constitute 
such  guaranty  surj^lus  and  special  reserve  funds,  which  funds  shall  be 
held  and  used  as  hereinafter  provided  and  not  otherwise.  Any  such 
corporation  w^hich  shall  declare  or  pay  any  dividend  contrary  to  the 
provisions  herein  contained,  shall  be  deemed  to  have  forfeited  its  char- 
ter. In  estimating  the  profits  of  any  such  corporation  for  the  purpose 
of  making  a  division  thereof  between  the  guaranty  surplus  fund  and 
the  special  reserve  fund,  until  such  funds  shall  together  amount  to  a 
sum  equal  to  its  capital  stock,  there  shall  be  deducted  from  the  gross 
assets  of  the  corporation,  including  for  the  purpose  the  amount  of  the 
guaranty  surplus  fund  and  the  special  reserve  fund,  the  sum  of  the  fol- 
lowing items: 

1.  The  amount  of  all  outstanding  claims. 

2.  An  amount  sufficient  to  meet  the  liability  of  the  corporation  for 
the  unearned  premiums  upon  its  unexpired  policies,  which  shall  be  at 
least  equal  to  the  unearned  premiums  on  policies  having  one  year  or 
less  to  run,  and  a  pro  rata  proportion  of  the  premiums  received  on  the 
policies  having  more  than  one  year  to  run,  and  shall  be  known  as  the 
reinsurance  liability. 

3.  The  amount  of  its  guaranty  surplus  fund  and  its  special  reserve 
fund. 

4.  The  amount  of  its  capital. 

5.  Interest  at  the  rate  of  seven  per  centum  per  annum  upon  the  amount 
of  its  capital  and  of  such  funds  for  whatever  time  shall  have  elapsed 
since  the  last  preceding  cash  dividend.  The  balance  shall  constitute  the 
net  surplus  of  the  corporation  subject  to  the  equal  division  between 
the  funds  as  herein  provided.  When  the  corporation  shall  notify  the 
insurance  commissioner  that  it  has  fulfilled  the  requirements  of  this 
section,  and  that  its  guaranty  surplus  fund  and  its  special  reserve  fund, 
taken  together,  equal  its  capital  stock,  he  shall  make  an  examination 
of  the  corporation  and  make  a  certificate  of  the  result  thereof;  and 
thereafter  such  corporation  may  cdiii  imic,  imt  ol'  ;niy  subsequent  profits 
of  its  business,  to  add  to  sui-li  fiimls,  cilluT  1  he  whole  or  only  a  part 
thereof,  but  when  any  aVlili1ii>n  is  niMilc  lo  Ihc  sjiocial  reserve  fund, 
ail    ('((iial    sum    sli;ill    lie    curried    Id    tlie   guaranty    surplus   fund.    • 

§  2.  Investment  of  funds.  Waiver  of  recourse  against  stockholders. 
Such  guaranty  surplus  fund  slmll  lie  held  and  invested  liy  such  corpora- 
tion in  the  same  mniincr  ns  its  capital  stock  and  surjjjus  accumulations, 
and  shall  })e  liable  aid  Mj-jiplicable  in  the  same  manner  as  the  capital 
of  the  cor]. oration   to  the  jiayiucnt   generally   of  its  losses.     Such  special 


879  INSURANCE.  Act  16T2m,  §  3 

reserve  fund,  until  it  shall  amount  to  a  sum  equal  to  one-half  of  the 
capital  stock,  shall  be  invested  in  the  same  manner  as  the  capital  of 
the  corporation,  and  any  additional  sum  added  to  such  fund  shall  be 
invested  by  the  corportion  in  any  securities  in  which  the  corporation 
is  by  law  authorized  to  invest  its  capital  or  its  surplus  accumulations, 
and  shall  be  deposited  from  time  to  time,  as  the  same  shall  accumulate 
and  be  invested,  with  the  insurance  commissioner.-  Such  special  reserve 
fund  shall  be  deemed  a  fund  to  protect  such  corporation  and  its  policy- 
holders other  than  claimants  for  losses  already  existing  or  then  occurred 
in  case  of  any  extraordinary  couliagratiou  or  conflagrations  as  here- 
after mentioned,  and  shall  not  be  regarded  as  any  part  or  portion  of  the 
assets  of  the  corporation  so  as  to  be  liable  for  any  claim  for  loss  by  fire 
or  otherwise,  except  as  herein  provided. 

No  corporation,  after  it  has  declared  its  desire  and  intention,  as  pro- 
vided in  section  one  hereof,  to  create  a  guaranty  surplus  fund  and  a 
special  reserve  fund,  shall  have  the  right  thereafter  to  insert  in  its 
policy  a  provision  to  the  effect  that  the  insured,  by  accepting  the  policy, 
waives  recourse  against  the  stockholders  of  the  corporation,  until  such 
corporation  has  created,  as  herein  provided,  a  guaranty  surplus  fund 
and  a  special  reserve  fund  each  in  amount  equal  to  one-half  of  the 
par  value  of  its  capital  stock;  but,  when  it  has  so  done,  then  it  may 
thereafter  insert  in  any  policy  it  may  thereafter  issue  a  provision  in 
red  ink  to  the  effect  that  the  insured,  by  accepting  the  policy,  wa-ives 
any  recourse  to  its  stockholders  and  agrees,  in  case  of  making  any  claim 
thereunder,  to  look  solely  to  the  assets  and  property  of  the  corporation 
as  and  to  the  extent  herein  provided. 

§  3.  In  case  of  extensive  conflagration.  Corporation  discharged  from 
liability.  Transfer  of  securities  in  special  reserve  fund.  If  guaranty 
surplus  fund  reduced.  If  capital  impaired.  When  any  extensive  con- 
flagration or  conflagrations  shall  occur  whereby  the  claims  upon  the 
corporation  shall  exceed  the  amount  of  its  capital  stock  and  of  the  guar- 
anty surplus  fund  hereinbefore  provided,  the  corporation  shall  notify 
the  insurance  commissioner  of  the  fact,  who  shall  then  make  or  cause 
to  be  made,  an  examination  of  the  corporation,  and  shall  issue  his  cer- 
tificate in  duplicate  of  the  result,  showing  the  amounts  of  capital,  of 
guaranty  surplus  fund,  of  special  reserve  fund,  of  reinsurance  liability, 
and  all  other  assets.  One  of  such  certificates  shall  be  given  the  corpora- 
tion, and  the  other  shall  be  recorded  in  the  office  of  the  insurance  com- 
missioner. Such  special  reserve  fund  shall  be  immediately  held  to 
protect  all  policy-holders  of  the  corporation  other  than  such  as  are 
claimants  upon  it  at  the  time,  or  such  as  become  claimants  in  consequence 
of  such  conflagration  or  conflagrations.  The  amount  of  such  special 
reserve  fund,  and  an  amount  equal  to  the  unearned  premiums  of  such 
corporation,  to  be  ascertained  as  hereinbefore  provided,  shall  constitute 
the  capital  and  assets  of  such  corporation  for  the  protection  of  policy- 
holders other  than  such  claimants,  and  for  the  further  conduct  of  its 
business.  Such  certificate  of  the  insurance  commissioner  shall-  be  bind- 
ing and  conclusive  upon  all  parties  interested  in  the  corporation,  whether 
stockholders,    creditors    or    policy-holders.     Upon    the    payment    to    the 


Act  1672m,  §  3  general  laws.  880 

claimauts  for  losses  or  otherwise,  existing  at  the  time  of  or  caused  by 
such  general  conflagration  or  conflagrations,  of  an  amount  to  which 
they  are  respectively  entitled  in  proportion  to  their  several  claims,  of 
the  full  sum  of  the  capital  of  the  corporation  and  of  its  guaranty  sur- 
plus fund,  and  of  its  assets,  except  only  such  special  reserve  fund  and 
an  amount  of  its  assets  equal  to  the  liability  of  the  corporation  for 
unearned  premiums,  as  certified  by  the  insurance  commissioner,  such 
corporation  shall  be  forever  discharged  from  any  and  all  further  lia- 
bility to  such  claimants  and  to  each  of  them  on  any  policy  of  insurance 
issued  after  the  creation  as  above  provided  of  the  special  reserve  fund 
in  amount  equal  to  one-half  of  its  capital  stock.  The  insurance  com- 
missioner shall,  after  issuing  such  certificate,  upon  the  demand  of  the 
corporation,  transfer  to  it  all  such  securities  as  shall  have  been  deposited 
with  him  by  it  as  such  special  reserve  fund.  If  the  amount  of  such 
special  reserve  fund  shall  be  less  than  fifty  per  centum  of  the  full 
amount  of  the  capital  of  the  corporation,  a  requisition  shall  be  issued 
by  the  insurance  commissioner  upon  the  stockholders  to  make  up  the 
capital  to  that  proiiortion  of  its  full  amount.  Any  capital  so  impaired 
shall  be  so  made  up  to  at  least  the  sum  of  two  hundred  thousand  dol- 
lars. If  the  corporation,  after  such  requisition,  shall  fail  to  make  up 
its  capital  to  at  least  such  amount  as  herein  directed  such  special 
reserve  fund  shall  be  held  as  security  and  liable  for  all  losses  occurring 
upon  policies  of  such  corporation  after  such  conflagration  or  conflagra- 
tions. If  any  amount  greater  than  a  sum  equal  to  one-half  of  its 
capital  stock  shall  by  such  corporation,  under  the  provisions  of  the 
two  preceding  sections,  have  been  deposited,  as  aforesaid,  with  the  in- 
surance commissioner,  he  shall  retain  of  such  securities  a  sum  equal  to 
one-half  of  the  amount  he  shall  so  hold  thereof  in  excess  of  such  one- 
half  of  the  capital  stock,  and  transfer  the  balance  thereof  to  the 
corporation  as  herein  provided.  The  amount  so  transferred  to  the  cor- 
poration shall,  from  the  time  of  such  transfer,  if  not  less  than  two  hun- 
dred thousand  dollars,  constitute  the  capital  stock  of  the  corporation 
for  the  further  conduct  of  its  business  as  hereinbefore  provided.  The 
sum  so  retained  by  the  insurance  commissioner  shall  thenceforth  con- 
stitute the  special  reserve  fund  of  the  corporation,  to  which  additions 
may  be  made  as  herein  i>iovi(t(Ml,  and  shall  be  held  in  the  same  manner, 
for  the  same  purposes  and  under  the  same  conditions  as  the  original 
special  reserve  fund  of  the  corporation  was  iicld.  The  corporation  shall 
in  an  annual  statement  to  the  insurance  commissioner  set  forth  the 
amount  of  such  special  reserve  fund  and  of  its  guaranty  surplus  fund. 
If  in  consequence  of  the  paynient  of  losses  by  fires,  or  of  the  expenses 
of  thr  liiKsincss,  or  of  the  interest  ])ayable  under  the  i)rovisions  hereof 
to  stockholders,  oi'  from  any  cause,  the  guaranty  surplus  fund  shall 
be  reduced  in  aniouiil  liciciw  Ihc  ;iin(Miiil  of  the  special  reserve  fund, 
the  directors  ol'  the  corporation  shiill  liavc  the  rigiit,  at  their  option, 
at  the  time  of  making  any  division  ol'  the  net  profits  as  herein  provided, 
to  carry  a  iargri'  sum  to  the  guai'anty  siirplns  fund  th;in  to  the  special 
reserve  fijinl;  lnit  lliis  iiiiviU'i^c  shnll  cease  when  the  (wo  funds  are 
mad(!  equal  i)i  ;inioiint.  The  jiolicy  registers,  insurance  maps,  books 
of  record   ami    other   hooks   in    actual   use  by  the   corporation   in  its  busi- 


881  INVESTMENT   COMPANIES.  Act  1700,  §§  1,  2 

ness,  are  not  to  be  considered  as  assets,  but  sliall  be  held  by  it  for  its 
use  in  the  protection  of  its  policy-holders  not  claimants  for  lasses  at 
the  time  of  such  general  conflagration.  If  after  the  accumulation  of 
such  special  reserve  fund,  it  shall  appear  upon  examination  by  the  in- 
surance commissioner  that  tiie  capital  of  the  corporation  has,  in  the 
absence  of  any  such  extensive  conflagration,  become  impaired,  he  shall 
order  a  call  upon  the  stockholders  to  make  up  such  impairment,  and 
the  board  of  directors  may  either  comply  with  such  order  and  require 
the  necessary  payments  of  the  stockholders,  or,  at  their  option,  they 
may  apply  for  that  purpose  so  much  of  such  special  reserve  fund  as 
will  make  such  impairment  good.  No  corporation  doing  business  under 
this  and  the  two  preceding  sections  shall  insure  any  larger  amount  upon 
any  single  risk  than  is  permitted  by  law  to  a  corporation  possessing 
the  same  amount  uf  ca'pital  irrespective  of  the  funds  hereinbefore  pro- 
vided for.  . 

TITLE  264. 

INVESTMENT  COMPANIES. 

ACT  1700. 

An  act  providing  for  the  regulation  and  supervision  of  companies,  brok- 
ers, agents,  and  sales  of  securities  as  the  same  are  therein  defined,  and 
to  prevent  fraud  in  the  sale  of  securities;  providing  for  the  enforce- 
ment of  said  act  and  penalties  for  the  violation  thereof;  and  creat- 
ing a  state  corporation  department  and  the  office  of  commissioner 
of  corporations. 

[Approved  May  18,  1917.     Stats.  1917,  p.  673.     In  effect  July  27,  1917.] 

§  1.     Title.     This  act  shall  be  known  as  the  "corporate  securities  act." 

§  2.  Words  defined.  Words  used  in  this  act  in  the  present  tense  in- 
clude the  future  as  well  as  the  present;  words  used  in  the  masculine 
gender  include  the  feminine  and  neuter,  and  in  the  neuter,  the  masculine 
and  feminine;  the  singular  number  includes  the  plural,  and  the  plural, 
the  singular;  "writing"  includes  "printing"  and  "typewriting";  "oath" 
includes  "affirmation";  the  word  "county"  includes  "city  and  county"; 
and  "territory"  includes  "district."  The  following  words  have  in  this 
act  the  signification  attached  to  them  in  this  section,  unless  otherwise 
apparent  from  the  context: 

1.  The  word  "department"  means  the  "state  corporation  department" 
created  by  this  act. 

2.  The  word  "comm'issioner"  means  the  "commissioner  of  corporations." 

S.  Company.  The  word  "company"  includes  all  domestic  and  foreign, 
private  corporations,  associations,  joint  stock  companies,  and  partner- 
ships, of  every  kind,  and  also  trustees,  as  hereinafter  defined;  except- 
ing therefrom: 

I      (a)   All  national  banking  associations  and  other  corporations  organized 
and   existing  under   and   by   virtue   of   the   acts   of   the   congress   of   the 
United  States; 
56 


Act  1700,  §  2  GENERAL   LAWS.  882 

(b)  All  }iublic  utilities  subject  to  the  jurisdiction,  control,  and  regula- 
tion of  the  railroad  commission  of  this  state  and  to  the  public  utilities 
act; 

(c)  All  corporations  transacting  a  banking  or  insurance  business 
Avithiu  this  state; 

(d)  All  corporations,  associations,  or  societies  transacting  business 
under  the  sui:)ervision,  examination,  and  license  of  the  bureau  of  building 
and  loan  supervision;  and 

(e)  Every  corporation  organized  under  the  laws  of  this  state  exclu- 
sively for  the  purposes  provided  in  any  of  the  following  titles,  to  wit: 
XIa,  XII,  Xlla,  XIV,  XXI,  XXII,  of  Part  IV,  Division  First,  of  the 
Civil  Code,  and  in  accordance  with  the  provisions  of  such  titles. 

4.  "Trust."  The  word  "trust"  as  used  in  this  act  includes  all  vol- 
untary trusts,  as  the  same  are  defined  in  the  Civil  Code,  expressly  created 
by  or  declared  in  an  instrument  in  writing,  other  than  a  will  or  a 
judicial  writ,  order,  decree,  or  judgment,  to  carry  on  any  business  or  to 
secure  the  payment  or  repayment  of  money. 

5.  The  word  "trustee,"  except  as  hereinafter  used  in  subdivision  nine 
of  this  section,  includes  only  persons  or  companies  executing  trusts  as 
hereinbefore  defined. 

6.  "Security."     The   word   "security"   includes: 

(a)  All  shares  or  other  interests  or  rights  into  which  the  capital, 
capital  stock,  or  property  of  companies  or  rights  of  stockholders  or 
members  thereof  are  divided,  including  all  treasury  shares  and  shares 
of  their  own  capital  stock  purchased  or  otherwise  acquired  by  com- 
panies upon  delinquent  assessments  sales  or  in  any  other  lawful  manner, 
and  all  certificates  and  other  instruments  issued  by  them  or  their  au- 
thority, evidencing  or  representing  such  shares,  interests,  or  rights; 

(b)  All  bonds,  debentures,  and  evidences  of  indebtedness  issued  by 
any  company;  and 

(c)  Any  instrument  issued  or  offered  to  the  public  by  any  company, 
evidencing  or  representing  any  right  to  participate  or  share  in  the  profits 
or  earnings  or  the  distribution  of  assets  of  any  business  carried  on  for 
]>rofit;  excepting  therefrom  the  following: 

1.  Bills  of  exchange  and  promissory  notes  not  offered  to  the  public 
liy  the  drawer,  maker,  or  underwriter  thereof,  and  all  mortgages  and 
deeds  of  trust  of  property  situated  in  this  state,  executed  to  secure  the 
piiyinciit    t  lici'cdf;    and 

i!.  Any  security  listed  in  any  standard  manual  of  information,  as  to 
uhich  the  commissioner  shall  first  inal<c  and  file  his  written  finding  to 
llie  effect  that  such  security  is  fully  and  accurately  described  in  such 
manual  and  that  a  sale  thereof  will  not,  in  liis  opinion,  work  a  fraud 
upon  the  purchaser  thereof;  provided,  that  if  such  finding  shall  there- 
after be  vacated  or  set  aside,  such  security  shall  not  thereafter  be  f 
decmod  to  be  included  within   this  exception. 

7.  "Sale."  A  "sale"  wiliiin  tlic  meaning  of  this  art,  iiu-hides  every 
contract  by  wlii(di,  U>v  a  |ircmiiary  consideration,  called  a  |)rice,  one 
transfers   to   another   an    interest    in    property,   and   also   an   exchange,   a 


883  INVESTMENT    COMPANIES.  Act  1700,  §  3 

pledge,  a  hypothecation,  and  any  transfer  in  trust  or  otherwise  as  secur- 
ity for  tlic  performance  of  an  obligation,  and  also  any  issue  of  any  se- 
curity by  a  company;  and  the  word  "sell,"  as  used  in  this  act,  includes 
every  act  by  which  such  sale  is  made. 

8.  "Agent."  The  word  "agent"  as  used  in  this  act  means  and  in- 
cludes every  person  or  company  employed  or  appointed  by  a  company 
or  a  broker  who  shall,  within  this  state,  either  as  an  employee  or  other- 
wise, for  a  compensation,  sell,  offer  for  sale,  negotiate  for  the  sale  of, 
or  take  subscriptions  for  any  security  of  any  company  of  its  own  issue 
offered  for  sale  by  it. 

9.  "Broker."  The  word  "broker"  as  used  in  this  act  includes  every 
person  or  company,  other  than  an.  agent,  who  shall,  in  this  state,  engage, 
either  wholly  or  in  part,  in  the  business  of  selling,  offering  for  sale, 
negotiating  for  the  sale  of,  or  otherwise  dealing  in  any  security  or 
securities  issued  by  others,  or  of  underwu'iting  any  issue  ot~.  securities  or 
of  purchasing  such  securities  with  the  purpose  of  reselling  them  or  of 
offering  them  for  sale  to  the  public  for  a  commission  or  at  a  profit;  ex- 
cepting therefrom  the  following: 

(a)  Any  owner  of  any  security  who  is  not  the  issuer  or  an  under- 
writer thereof,  who  sells  or  exchanges  the  same  for  his  own  account; 
provided,  that  such  sale  or  exchange  is  not  made  in  the  course  of  re- 
peated and  successive  transactions  of  like  or  similar  character  by  him; 

(b)  Any  trustee,  who,  in  such  capacitj^,  lawfully  disposes  of  any  prop- 
erty; 

(c)  Any  company  transacting  a  banking  or  insurance  business  in  this 
state,  selling  a  security  for  an  owner  thereof  or  a  broker,  other  than 
an  underwriter  thereof,  at  a  commission  of  not  more  than  two  per  cent 
of  the  par  or  face  value  thereof;  provided,  such  sale  is  not  made  in 
the  course  of  repeated  and  successive  transactions  of  like  or  similar  cliar- 
acter  by  such  company; 

(d)  One,  not  the  issuer,  who  disposes  of  securities  to  a  broker  or  to  a 
purchaser  who,  as  a  part  of  his  regular  business,  purchases  such  secur- 
ities; 

(e)  Any  pledge-holder  selling,  in  good  faith  and  not  for  the  purpose 
of  avoiding  the  provisions  of  this  act,  and  in  the  ordinary  course  of 
business,  a  security  pledged  with  him  as  security  for  a  bona  fide  debt. 

10.  "Actual  fraud."  The  words  "actual  fraud,"  as  used  in  this  act, 
are  defined  in  section  one  thousand  five  hundred  seventy-two  of  the 
Civil  Code. 

§  3.  Permit  to  sell  securities.  Application.  Commissioner  appointed 
attorney.  No  company  shall  sell,  except  upon  a  sale  for  a  delinquent 
assessment  made  in  accordance  with  the  provisions  of  Article  TI  of 
Chapter  II  of  Title  I  of  Part  IV  of  Division  First  of  the  Civil  Code;  or 
offer  for  sale,  negotiate  for  the  sale  of,  or  take  subscriptions  for  any 
security  of  its  own  issue  until  it  shall  have  first  applied  for  and  secured 
from  the  commissioner  a  permit  authorizing  it  so  to  do.  Such  applica- 
tion sliall  be  in  writing,  shall  be  verified  as  provided  in  the  Code  of 
Civil  Procedure  for  the  verification  of  pleadings,  and  shall  be  filed  in  the 


Act  1700,  §  4  GENERAL   LAWS.  884 

office  of  the  commissioner.  In  such  application  the  applicant  shall  set 
forth  the  names  and  addresses  of  its  officers,  the  location  of  its  office, 
an  itemized  account  of  its  financial  condition,  the  amount  and  character 
of  its  assets  and  liabilities,  a  detailed  statement  of  the  plan  upon  which 
it- proposes  to  transact  business,  a  copy  of  any  security  it  proposes  to 
issue,  a  copy  of  any  contract  it  proposes  to  make  concerning  the  same, 
a  copy  of  any  prospectus  or  advertisement,  or  other  description  of  such 
securities,  then  prepared  by  or  for  it  for  distribution  or  publication,  and 
such  additional  information  concerning  the  company,  its  condition  and 
affairs  as  the  commissioner  may  require.  If  the  applicant  is  a  partner- 
ship or  an  unincorporated  association  or  joint  stock  company,  it  shall  file 
with  its  ajjplication  a  .copy  of  its  articles  of  partnership  or  association, 
and  all  other  papers  pertaining  to  its  organization.  If  the  applicant  is 
a  trustee,  it  shall  file  with  its  application  a  copy  of  all  instruments  by 
which  the  trust  is  created  and  in  which  it  is  accepted,  acknowledged, 
or  declared.  If  the  applicant  is  a  corporation,  it  shall  file  with  its  ap- 
plication a  copy  of  all  minutes  of  any  proceedings  of  its  directors  or 
stockholders  or  members  relating  to  or  affecting  the  issue  of  such 
securities,  and  also  a  copy  of  its  articles  of  incorporation  and  of  its 
by-laws  and  of  any  amendments  thereto.  If  the  applicant  is  a  corpora- 
tion or  association  organized  under  the  laws  of  any  other  state,  ter- 
ritory, or  government,  it  shall  also  file  with  its  application  a  certificate, 
executed  by  the  proper  officer  of  such  state,  territory,  or  government 
not  more  than  thirty  daws  before  the  filing  of  such  application,  show- 
ing that  such  applicant  is  authorized  to  transact  business  in  such  state, 
territory,  or  government;  and  also,  in  such  form  as  the  commissioner 
may  prescribe,  its  written  instrument,  irrevocably  appointing  the  com- 
missioner and  his  successor  in  office  its  true  and  lawful  attorney  upon 
w^hom  all  process  in  any  action  or  proceeding  against  it  may  be  served, 
with  the  same  effect  as  if  said  corporation  or  association  were  organized 
or  created  under  the  laws  of  this  state  and  had  been  lawfully  served 
with  process  therein. 

§  4.  Examination  of  application.  Permit  issued.  Permit  to  sell  se- 
curity. i;iioii  the  filing  of  such  a]iplicati(iii,  it  shall  be  the  duty  of  the 
commissioner  to  examine  it  and  the  other  papers  and  documents  filed 
iherewith,  and  he  may,  if  he  deems  it  advisable,  make  or  have  made  a 
iletailed  examination,  audit,  and  investigation  of  the  applicant  and  its 
affairs.  If  he  finds  that  the  proposed  plan  of  business  of  the  applicant 
is  not  unfair,  unjust,  or  inequitable,  that  it  intends  to  fairly  and 
honestly  transact  its  business,  and  that  the  securities  that  it  proposes 
to  issue  and  the  methods  to  be  used  by  it  in  issuing  or  dispoing  of  them 
are  not  such  as,  in  his  opinion,  will  work  a  fraud  upon  the  purchaser 
thereof,  the  commissioner  shall  issue  to  the  applicant  a  permit  authoriz- 
ing it  to  issue  and  dis])Ose  of  socuritios,  as  therein  ]>rovided,  in  this 
state,  in  such  amounts  and  for  such  consiih'rations  and  upon  such  terms 
and  conditions  ns  tlic  cominissionor  may  in  said  [jCrniit  provide.  Other- 
wise, lie  shnll  deny  the  application  and  refuse  such  permit  and  notify 
the  appiirimt  in  writing  of  his  decision.  i<]very  ])ermit  shall  recite  in 
hold   type   th;it    llic  is'^iinncc  tlirn-of  is   |icrnnssiv('   only   nnd   does  not  con- 


885  INVESTMENT  COMPANIES.  Act  1700,  §§  5,  6 

stitute  a  recomrnendation  or  indorsement  of  the  securities  permitted  to 
be  issued.  The  commissioner  may  impose  such  conditions  as  he  may 
deem  necessary  to  tlie  issue  of  such  securities,  and  shall  have  the  power 
to  establish  such  rules  and  regulations  as  may  be  reasonable  or  necessary 
to  insure  the  disposition  of  the  proceeds  of  such  securities  in  the  manner 
and  for  the  purposes  provided  in  such  permit,  and  may,  from  time  to 
time  for  cause,  amend,  alter,  or  revoke  any  permit  issued  by  him,  or  tem- 
porarily suspend  the  rights  of  the  applicant  under  such  permit. 

§5.  Certificate  of  agent  or  broker.  Fee.  No  person  or  company  shall 
act  as  agent  or  broker  until  such  person  or  company  shall  have  first 
applied  for  and  secured  from  the  commissioner  a  certificate,  then  in 
effect,  authorizing  such  person  or  company  so  to  do.  Every  such  cer- 
tificate shall  expire  on  the  thirty-first  day  of  December  next  after  its 
issuance,  unless  sooner  revoked.  To  secure  such  certificate,  the  appli- 
cant shall  make  and  file  in  the  office  of  the  commissioner  an  application 
therefor  in  writing,  verified  by  or  in  behalf  of  the  applicant.  In  such 
application,  the  applicant  shall  set  forth,  in  addition  to  such  other  in- 
formation as  ma}'  be  required  by  the  commissioner: 

1.  The  name  and  address  of  the  applicant,  and,  if  it  be  a  corpora- 
tion, association,  or  joint  stock  company,  the  name  and  address  of  each 
of  its  managing  officers  and  agents,  and,  if  it  be  a  partnership,  the  name 
and  address  of  each  of  the  partners;    • 

2.  A  succinct  statement  of  facts  showing  that  the  applicant,  and  its 
managing  officers  and  agents,  if  it  be  a  corporation,  or  members,  if  it  be 
a  partnership,  have  a  good  business  reputation; 

3.  If  the  applicant  is  a  broker,  the  general  plan  and  character  of  the 
business  of  the  applicant. 

For  filing  such  application,  the  applicant  shall  pay  a  fee  as  hereinafter 
provided.  If  the  applicant  is  a  corporation  or  association  organized 
under  the  laws  of  any  other  state,  territory,  or  government,  it  shall  file 
with  its  application  a  copy  of  its  articles  of  incorporation  or  association, 
together  with  a  certificate  executed  by  the  proper  officer  of  such  state, 
territory,  or  government  not  more  than  thirty  days  before  the  filing  of 
such  application,  showing  that  such  applicant  is  authorizd  to  transact 
business  in  such  state,  territory,  or  government,  and  also,  in  such  form 
as  the  commissioner  may  prescribe,  its  written  instrument,  irrevocably 
appointing  the  commissioner  and  his  successor  in  office  its  true  and  law- 
ful attorney  upon  whom  all  process  in  any  action  or  proceeding  against 
it,  arising  out  of  or  founded  upon  the  actual  fraud  of  such  applicant 
in  the  sale  of  securities  within  this  state,  may  be  served,  with  the  same 
effect  as  if  said  corporation  or  association  were  organized  or  created 
under  the  laws  of  this  state  and  had  been  lawfully  served  with  process 
therein.  i  Jfl 

§6.  Certificate  issued.  The  commissioner  shall  examine  such  applica- 
tion, and  shall  make  such  further  investigation  of  the  applicant  and  its 
affairs  as  he  shall  deem  advisable.  If,  from  such  examination,  the  com- 
missioner shall  be  satisfied  of  the  good  business  reputation  of  the  ap- 
plicant and  of  its  officers  or  members,  if  any,  he  shall  issue  such  cer- 
tificate.    Otherwise,  he  shall  refuse   the  same   and   deny   the  application 


Act  1700,  §§  7-9  GENERAL   LAWS.  886 

and  uotify  the  applicant  of  his  decision.  Tlie  commissioner  may  at  any 
lime  revoke  any  broker's  or  agent's  certificate  issued  by  him  if  he  shall 
find  that  the  holder  thereof  is  of  bad  business  repute,  or  has  violated 
any  provisions  of  this  act,  or  has  engaged,  or  is  about  to  engage  in  any 
fraudulent  transaction. 

§  7.  Advertisements  submitted  to  commissioner.  No  person,  partner- 
ship, association,  or  corporation,  other  than  a  l)roker  holding  a  broker's 
certificate,  then  in  effect,  shall  issue,  circulate,  or  publish  any  advertise- 
ment, pamphlet,  prospectus,  or  circular  concerning  any  security,  to  be 
issued  by  anj'  company,  that  such  person,  partnership,  association,  or 
corporation  desires  or  proposes  to  sell,  until  the  company  proposing  to 
issue  such  security  shall  have  first  secured  from  the  commissioner  a 
permit  authorizing  it  to  issue  or  sell  such  security;  nor  shall  any  com- 
pany, broker,  or  agent,  or  any  other  person,  issue,  circulate,  or  publish 
any  advertisement,  pamphlet,  prospectus,  or  circular  concerning  any 
security  sold  or  offered  for  sale  by  it,  unless  the  name  of  the  company, 
broker,  agent,  or  person  issuing,  circulating,  or  publishing  the  same  sha'll 
be  subscribed  thereto,  and  a  true  copy  thereof  shall  have  been  first 
filed  in  the  office  of  the  commissioner,  or  deposited  in  a  United  States 
])Ostoffice,  properly  inclosed  in  a  sealed  envelope,  addressed  to  the  com- 
missioner at  Sacramento,  California,  with  the  postage  duly  prepaid 
thereon;  nor  shall  any  company,  Jjroker,  or  agent,  or  any  other  person, 
issue,  circulate,  or  publish  any  such  advertisement,  pamphlet,  prospectus, 
or  circular  after  notice  in  writing  given  to  it  by  the  commissioner  that, 
in  his  opinion,  the  same  contains  any  statement  that  is  false  or  mis- 
leading or  otherwise  likely  to  deceive  a  reader  thereof. 

§  8.  Report  by  company  on  sale  of  securities.  Every  company  au- 
thorized by  tlie  conunissionor  to  sell  securities  shall  thereafter,  at  such 
times  as  it  may  be  required  by  the  commissioner,  make  and  file  in  the 
office  of  the  commissioner  a  report,  setting  forth,  in  such  form  as  the 
commissioner  may  prescribe,  the  securities  sold  by  it  under  the  authority 
of  any  permit  issued  by  him,  the  proceeds  derived  therefrom,  the  dis- 
position of  such  proceeds,  and  such  otlier  information  concerning  its 
property,  officers,  or  affairs,  relating  to  or  affecting  the  value  of  such 
securities,  as  tITe  commissioner  may  require. 

§  9.  Statement  by  broker  on  sale  of  securities.  Every  broker  shall, 
at  such  limes  as  it  may  be  recpiired  by  the  commissioner,  make  and  file 
in  the  office  of  the  commissioner  a  true  and  correct  statement  concern- 
ing any  security  sold  or  offered  for  sale  by  such  broker,  showing  the 
name  and  location  of  tiie  ju-incipal  office  of  the  issuer  of  such  security; 
the  names  of  its  managing  officers,  if  it  is  a  corporation,  or  of  its  mem- 
bers, if  it  is  a  partnership;  its  assets,  liabilities,  and  issued  capital  stock, 
at  the  close  of  its  fiscal  year  tlien  last  ended,  or  at  a  later  date;  its  gross 
income,  expenses,  and  fixed  charges  for  the  year  next  preceding  such  date, 
or  for  such  time  as  such  issuer  of  such  security  has  transacted  business, 
if  for  less  than  one  year,  and  the  approximate  price  at  which  such  broker 
has  sold  or  projioses  to  sell  such  security,  together  vvitii  such  other  in- 
formatioji,  ni'  wliii'li  the  hrdker  ni;iy  liiwe  kiiowleilge,  ;is  the  coininissioner 
may  require. 


887  INVESTMENT  COMPANIES.       Act  1700,  §§  10-14 

§10.  Papers  open  to  public  inspection.  A]l  papers,  documents,  reports, 
and  other  instruments  in  writing  filed  with  the  commissiouer  under  this 
act  shall  be  open  to  public  inspection;  provided,  that  if,  in  his  judgment, 
the  public  welfare  or  the  welfare  of  any  company,  broker,  or  agent  de- 
mands that  any  portion  of  such  information  be  not  made  public,  he  may, 
in  his  discretion,  withhold  such  information  from  public  inspection  for 
such  time  as  in  his  judgment  is  necessary.  The  commissioner  may  at 
any  time  give,  issue,  or  make  public  any  information  concerning  any 
company  or  any  contracts,  stocks,  bonds,  or  other  securities  sold  or 
offered  for  sale  within  this  state,  if  in  his  judgment  the  giving,  issuing, 
or  publishing  of  the  same  will  be  of  public  interest  or  advantage  or  will 
tend  to  prevent  the  fraudulent  sale  of  such  securities. 

§  11.  Review  of  orders,  etc.,  of  commissioner.  Every  order,  decision, 
permit  or  other  otficial  act  of  the  commissioner  shall  be  subject  to  review, 
in  accordance  with  the  provisions  of  Chapter  I  of  Title  I  of  Part  Til  of 
the  Code  of  Civil  Procedure;  and  any  party  aggrieved  by  any  such  order, 
decision,  or  permit  of  the  commissioner  may  appeal  therefrom  to  the 
superior  court  of  the  county  of  Sacramento,  by  serving  upon  the  com- 
missioner a  notice  of  such  appeal,  a  demand  in  writing  for  a  certified 
transcript  of  all  the  papers  on  file  in  his  office  affecting  or  relating  to 
such  decision,  and  the  payment  of  the  fee  therefor,  within  sixty  days 
after  the  making  of  any  such  order,  permit,  or  decision.  Thereupon,  the 
commissioner  shall,  wnthin  ten  days,  make  and  certify  such  transcript, 
and  the  appellant  shall,  within  five  days  thereafter,  file  the  same  and 
the  notice  of  appeal  with  the  clerk  of  said  court.  Upon  the  hearing  of 
such  appeal,  the  burden  of  proof  shall  lie  upon  the  appellant,  and  the 
court  shall  receive  and  consider  any  pertinent  evidence,  whether  oral 
or  documentary,  concerning  the  action  of  the  commissioner  from  which 
the  appeal  is  taken,  but  shall  be  limited  to  a  consideration  and  deter- 
mination of  the  question  whether  there  has  been  an  abuse  of  discretion 
on  the  part  of  the  commissioner  in  making  such  order,  decision,  or  permit. 

§  12.  Securities  void.  Every  security  issued  by  any  company,  without 
a  permit  of  the  commissioner  authorizing  the  same  then  in  effect,  shall 
be  void,  and  every  security  issued  by  any  company,  with  the  authoriza- 
tion of  the  commissioner  but  not  conforming  in  its  provisions  to  the 
provisions,  if  any,  which  it  is  required  by  the  permit  of  the  commis- 
sioner to  contain,  shall  be  void. 

§  13.  Penalty  for  company  violating  act.  Every  company  which  shall 
directly  or  indirectly  issue  or  cause  to  be  issued  any  security  contrary 
to  the  provisions  of  this  act,  or  of  the  constitution  of  this  state,  or  in 
nonconformity  with  a  permit  of  the  commissioner  authorizing  the  same, 
or  which  applies  the  proceeds  from  the  sale  thereof,  or  any  part  thereof, 
to  any  purpose  other  than  the  purpose  or  purposes,  if  any,  specified  in 
such  permit,  or  to  any  purpose  specified  in  such  permit  in  excess  of  any 
amount  limited  in  such  permit  to  be  used  for  such  purpose,  shall  be 
guilty  of  a  public  offense  and  shall  be  punishable  by  a  fine  not  exceeding 
ten  thousand  dollars. 

§  14.  Penalty  for  officers,  etc.  Every  ofticer,  agent,  or  employee  of 
any  company,  and  every  other  person,  who  knowingly  authorizes,  directs, 


Act  1700,  §§  15,  16  GENER.VL   LAWS.  888 

or  aids  in  the  issue  or  sale  of,  or  issues  or  execute?,  or  sells,  or  causes  or 
assists  in  causing  to  be  issued,  executed,  or  sold,  any  security,  in  non- 
conformity with  a  permit  of  the  commissioner  then  in  effect  authoriz- 
ing speh  issue,  or  contrary  to  the  provisions  of  this  act,  or  of  the  constitu- 
tion of  this  state,  or  who,  in  any  application  to  the  commissioner,  or  in 
any  proceeding  before  him,  or  in  any  examination,  audit,  or  investigation 
made  by  him  or  his  authority,  knowingly  makes  any  false  statement  or 
representation,  or  who,  with  knowledge  of  its  falsity,  files  or  causes  to 
be  filed  in  the  office  of  the  commissioner  any  false  statement  or  repre- 
sentation concerning  such  company  or  'the  property  which  it  then  holds 
or  proposes  to  acquire,  or  concerning  its  officers  or  its  financial  condi- 
tion or  other  affairs,  or  concerning  its  proposed  plan  of  business,  or  who, 
with  knowledge  of  the  falsity  of  any  such  statement  or  representation, 
issues,  executes,  or  sells,  or  causes  to  be  issued,  executed,  or  sold,  any 
security,  without  first  informing  the  commissioner  of  the  falsity  of  sucn 
statement  in  writing,  or  who,  directly  or  indirectly,  knowingly  applies, 
or  causes  or  assists  in  causing  to  be  applied,  the  proceeds,  or  any  fart 
thereof,  from  the  sale  of  any  security  to  any  purpose  contrary  to  the 
provisions  of  the  permit  authorizing  the  issue  of  such  security,  or  to  any 
purpose  specified  in  such  permit  in  excess  of  any  amount  limited  in  such 
jjermit  to  be  used  for  such  purpose,  or  who,  with  knowledge  that  any 
security  has  been  issued  or  executed  in  violation  of  any  of  the  provisions 
of  this  act,  sells  or  offers  the  same  for  sale,  or  who,  with  knowledge  that 
any  advertisement,  pamphlet,  prospectus,  or  circular  concerning  any 
security  contains  any  statement  that  is  false  or  misleading,  or  otherwise 
likely  to  deceive  a  reader  thereof  issues,  circulates,  or  publishes  the  same, 
or  shall  cause  the  same  to  be  issued,  circulated,  or  published,  or  who,  in 
any  other  respect,  wdllfully  violates  or  fails  to  comply  with  any  of  the 
provisions  of  this  act,  or  who,  in  any  other  respect,  willfully  violates  or 
fails,  omits,  or  neglects  to  obey,  observe,  or  comply  with  any  order,  pea- 
mit,  decision,  demand,  or  requirement,  or  any  part  or  provision  thereof, 
of  the  commissioner  under  the  provisions  of  this  act,  is  guilty  of  a  public 
offense  and  shall  be  ])unished  by  imjirisonment  in  the  state  prison  not 
exceeding  five  years,  or  in  a  county  jail  not  exceeding  two  years,  or  by  a 
fine  not  exceeding  five  thousand  dollars,  or  by  both  such  fine  and  im- 
prisonment. 

§  15.  State  corporation  department  created.  There  is  hereby  created  a 
state  corporation  ilciiai tiiiont.  The  cliief  officer  of  such  department  shall 
be  the  commissionor  of  corporations.  ]^o  shall  be  appointed  by  the 
governor  and  hold  office  at  the  plear.urc  ol'  (he  i^dvcM-nor.  He  shall  re- 
ceive an  annual  salary  of  five  thousand  dollars,  1o  lie  jmid  monthly  out 
of  the  state  treasury  ujion  a  warrant  of  llic  coiit  roller.  He  shall  within 
fifteen  days  from  the  time  of  notice  of  his  api)()iiitmeiit  take  and  sub- 
scribe to  the  constitutional  oath  of  office  and  file  the  same  in  the  office 
of  tlie  secretary  of  state  and  execute  to  the  people  nf  the  state  a  bond  in 
the  penal  sum  of  ten  thousand  dollars  with  (■iiip()rat<'  security  or  two 
or  more  sureties,  to  ln'  apju-ovcd  by  the  j,M)VcrM(>r  uf  the  state,  for  the 
faithful  discharge  of  the  iliilics  of  his  ollice. 

§  16.  Clerks  and  deputies.  Duty  of  attorney  general.  'Phc  commis- 
sioiicr  siiail  em|)loy  such  clerks  and  deputies  as  he  may  need  to  discharge 


889  INVESTMENT  COMPANIES.  Act  17U0,  ^;  17 

in  proper  iDanner  the  diitie.s  iiiiposeil  upon  liiiii  by  law.  The  attorney 
general  shall  render  to  the  eommissioner  opinions  upon  all  questions  of 
law,  relating  to  the  construction  or  interpretation  of  this  act  or  arising 
in  the  administration  thereof,  that  may  be  submitted  to  him  by  the  com- 
missioner, and  shall  act  as  the  attorney  for  the  commissioner  in  all  actions 
and  proceedings  brought  by  or  against  him  under  or  pursuant  to  any  of  the 
provisions  of  this  act.  Neither  the  commissioner  nor  any  of  his  clerks  or 
deputies  shall  be  interested  iji  any  company  which  shall  have  applied  for  or 
secured  a  permit  to  sell  securities,  or  in  any  broker,  or  agent  as  a  direc- 
tor, stockholders,  officer,  member,  agent,  or  employee.  Such  clerks  and 
deputies  shall  perfgrm  su.-ii  duties  as  the  commissioner  shall  assign  to 
them.  He  shall  fix  tlie  compensation  of  such  clerks  and  deputies,  which 
compensation  shall  be  paid  monthly,  on  the  certificate  of  the  commis- 
sioner and  on  the  warrant  of  the  controller,  out  of  the  state  treasury. 
Each  deputy  shall,  within  fifteen  days  after  his  appointment,  take  and 
subscribe  to  the  constitutional  oath  of  office,  and  file  the  same  in  the 
office  of  the  secretary  of  state. 

§  17.  Powers  of  commissioner.  The  commissioner  shall  at  all  times 
have  the  power  to  administer  oatlis  and  to  make  an  examination  or  in- 
vestigation of  the  books,  records,  accounts,  and  other  papers,  and  of  the 
business  of  any  company,  broker,  or  agent  jjermitted  or  authorized  by 
him  to  sell  securities,  to  make  dividends,  to  create  debts,  to  divide,  with- 
draw, or  pay  to  the  stockholders,  or  any  of  them,  any  part  of  its  capital 
stock,  or  to  increase  or  reduce  its  capital  stock.  In  any  examination, 
audit,  or  investigation  made  or  hearing  conducted  by  him,  he  shall  have 
the  power  to  take  the  testimony  of  any  witness  and  to  issue  subpoenas 
requiring  the  attendance  upon  such  examination,  audit,  investigation,  or 
hearing  in  any  part  of  the  state  of  witnesses  and  the  production  of 
books,  documents,  and  other  things  under  their  control,  and  in  any  such 
case  to  take  or  cause  to  be  taken  the  deposition  of  any  witness  residing 
within  or  without  the  state.  All  of  the  provisions  of  Chapter  II  of  Title 
III  of  Part  IV  of  the  Code  of  Civil  Procedure,  relating  to  the  means  of 
production  of  evidence  out  of  court,  shall  be  applicable  to  any  examina- 
tion, investigation,  or  hearing  under  this  act.  No  person  shall  be  ex- 
cused from  testifying  or  from  producing  any  book,  document,  or  other 
thing  under  his  control  upon  any  such  examination,  audit,  investigation, 
or  hearing  upon  the  ground  that  his  testimony,  or  the  book,  document,  or 
other  thing  required  of  him,  may  tend  to  incriminate  him,  or  may  have 
a  tendency  to  sub.iect  him  to  punishment  for  a  felony,  or  to  a  penalty  or 
forfeiture;  but  no  person  shall  be  prosecuted,  punished,  or  subjected  to 
any  penalty  or  forfeiture  for  or  on  account  of  any  act,  transaction, 
matter,  or  thing  concerning  which  he  shall  have  been  so  compelled  to 
testify  under  oath,  or  to  produce  such  documentary  or  other  evidence; 
provided,  that  no  person  so  testifying  shall  be  exempt  from  prosecution 
or  punishment  for  perjury  if  committed  by  him  in  his  testimony.  '  The 
authority  to  make  or  conduct  any  such  examination,  audit,  investigation, 
or  hearing,  including  the  authority  to  administer  oaths,  and  to  subpoena 
witnesses  and  take  their  testimony,  may  be  delegated  by  the  commis- 
sioner to  any  deputy  or  examiner  appointed  by  him  for  that  purpose. 
Such  appointment  shall  be  made  by  an   instrument  in  writing,  signed  b}' 


Act  1700,  §§  18-20  GENERAL   LAWS.  ~  890 

the  commissioner  under  his  official  seal,  and  upon  such  examination,  audit, 
investigation,  or  hearing,  the  same  shall  be  produced  by  such  deputy  or 
examiner  at  any  time  upon  demand  therefor. 

§  18.  Service  of  process.  In  an}-  action  or  proceeding  commenced  or 
liroseeuted  in  this  state  against  any  corporation  or  association  which  shall 
have  appointed  the  commissioner  its  attorney,  as  provided  in  section 
three  of  this  act,  and  in  any  action  or  proceeding  commenced  or  prose- 
cuted in  this  state,  arising  out  of  or  founded  upon  the  actual  fraud  of 
any  corporation  or  association  which  shall  have  appointed  the  commis- 
sioner its  attorney,  as  provided  in  section  five  of  this  act,  service  of  pro- 
cess may  be  made  upon  the  commissioner.  In  any  such  case,  the  com- 
missioner shall  forthwith  forward  by  mail,  postage  prepaid,  to  the  person 
designated  by  such  corporation  or  association  by  an  instrument  in  writ- 
ing duly  executed  by  it  and  filed  with  the  commissioner,  at  the  address 
stated  in  such  instrument,  or,  if  no  such  designation  has  been  made,  to 
the  secretary  of  such  corporation  or  association  at  its  last  known  post- 
office  address,  a  copy- of  such  process;  whereupon,  and  upon  the  payment 
of  the  fee  herein  provided  for,  service  of  such  process  upon  such  com- 
pany shall  be  deemed  to  be  complete  and  to  be  personal  service  upon 
such  corporation  or  association,  with  the  same  effect  as  if  said  corpora- 
tion or  association  were  organized  or  incorporated  under  the  laws  of 
this  state  and  had  been  lawfully  served  with  process  therein.  The  certif- 
icate of  the  commissioner,  under  his  official  seal,  of  such  service,  shall 
lie   competent  and  sufficient  proof  thereof. 

§  19.  Offices.  The  commissioner  shall  have  his  principal  office  in  the 
city  of  Sacramento,  and  may  establish  branch  offices  in  the  city  and 
county  of  San  Francisco,  and  in  the  city  of  Los  Angeles,  and  he  shall 
from  time  to  time  obtain  the  necessary  furniture,  stationery,  fuel,  light, 
and  other  proper  conveniences  for  the  transaction  of  the  business  of  the 
department;  the  expenses  of  which  shall  be  paid  out  of  the  state  treasury 
on  the  certificate  of  the  commissioner  and  the  warrant  of  the  controller. 

§20.  Fees.  "Corporation  commission  fund."  The  commissioner  shall 
charge  and  collect  the  folio >ving  fees: 

1.  For  filing  any  application  for  a  permit  to  issue  securities,  ten  dollars, 
plus — 

One  twentieth  of  one  per  cent  of  the  amount  of  any  excess  of  the 
aggregate  value  of  the  securities  sought  to  be  issued  over  twenty  thou- 
sand dollars  and  not  exceeding  fifty  thousand  dollars; 

One  twenty-fifth  of  one  per  cent  of  sucli  amount  in  excess  of  fifty  thou- 
sand dollars  and  not  exceeding  one  hundred  thousand  dollars; 

One  fiftieth  of  one  per  cent  of  such  amount  in  excess  of  one  lumdred 
thousand   dollars  and  not  exceeding  five  hundred   thousand   dollars;   and 

One  one-iuindredth  of  one  per  cent  of  such  amount  in  excess  of  five 
hundred   tliousand   dollars. 

The  value  of  such  securities  shall  he  dcciiicd  to  he  tlicir  par  or  face 
value,  if  they  have  a  par  or  face  value;  otherwise;,  the  price  at  which 
the  company  proposes  to  sell  or  issue  the  same,  or  the  value,  as  alleged  in 
llic  application,  of  ilie  coiisiilcrMl  idii  (if  ollici-  than  money)  to  be  received 
in   exehangc  therefor. 


891  INVESTMENT  COMPANIES.  Act  1700,  §  21 

2.  For  filing  any  application  for  a  permit  or  other  authority  to  make 
dividends,  create  debts,  or  to  divide,  withdraw,  increase,  reduce  or  pay 
to  the  stockholders  or  any  of  them  the  capital  stock,  or  any  part  thereof, 
the  same  amount  that  would  otherwise  be  chargeable  or  collectible  if  such 
application  were  for  a  pertnit  to  issue  securities;  provided,  that  in  any 
such  case  the  value  shall  be  determined  by  the  amount  of  dividends  made, 
debts  created,  or  capital  stock  divided,  withdrawn,  increased,  reduced,  or 
paid. 

3.  For  filing  any  application  for  a  broker's  certificate,  five  dollars. 

4.  For  filing  application  for  an  agent's  certificate,  one  dollar. 

5.  For  any  examination,  audit,  or  investigation,  ten  dollars  per  day  or 
fraction  thereof,  if  made  by  the  commissioner,  or  the  actual  amount  of 
the  salary  or  other  compensation,  not  exceeding  ten  dollars  per  day,  paid 
to  any  deputy  or  other  employee  of  the  commissioner,  if  made  by  a  dep- 
uty or  other  employee,  for  each  day  or  fraction  thereof  that  such  commis- 
sioner, deputy,  or  other  employee  shall  necessarily  be  absent  from  his 
office  for  the  purpose  of  making  such  examination,  audit,  or  investiga- 
tion, plus  the  actual  amount  of  traveling  expenses  reasonably  incurred  in 
the  performance  of  such  work. 

6.  For  copies  of  papers  and  records  not  required  to  be  certified  or  other- 
wise authenticated  by  the  commissioner,  ten  cents  for  each  folio. 

7.  For  certified  copies  of  official  documents,  orders,  and  other  papers 
filed  in  his  office;  for  making  and  'mailing  copies  of  process  served  upon 
him  under  the  provisions  of  section  eighteen  of  this  act,  and  for  tran- 
scripts on  appeal,  fifteen  cents  for  each  folio  and  one  dollar  for  each 
certificate  under  seal  affixed  thereto. 

8.  For  certificate  of  service  and  mailing  of  process  served  upod  the 
commissioner  under  the  provisions  of  sections  eighteen  of  this  act,  two 
dollars. 

No  fees  shall  be  charged  or  collected  for  copies  of  papers,  records,  or 
official  documents  furnished  fo  public  officers  for  use  in  their  official  capa- 
city or  for  the  reports  of  the  commissioner  in  the  ordinary  course  of  dis- 
tribution; but  the  commissioner  may  fix  a  reasonable  charge  for  publica- 
tions issued  under  his  authority. 

All  fees  charged  and  collected  under  this  section  shall  be  paid  at  least 
once  each  week,  accompanied  by  a  detailed  statement  thereof,  into  the 
treasury  of  the  state  to  the  credit  of  a  fund  to  be  known  as  the  "corpora- 
tion commission   fund,"  which  fund  is  hereby  created. 

§  21.     Appropriated   for    use    of    conimissioner.     Revolving  fund.     All 

moneys  which  shall  be  paid  into  the  state  treasury  and  credited  to  the 
"corporation  commission  fund"  are  hereby  appropriated  to  be  useJ 
by  the  commissioner  in  carrying  out  the  provisions  of  this  act;  and  the 
controller  shall  draw  his  warrant  on  said  fund  from  time  to  time  in 
favor  of  the  commissioner  for  the  amounts  expended  under  his  direc- 
tion, and  the  treasurer  shall  pay  the  same.  The  commissioner  may, 
with  the  consent  of  the  board  of  control,  withdraw  from  said  fund  a 
sum  not  exceeding  one  thousand  dollars,  to  be  used  as  a  revolving 
fund  where  cash  advances  are  necessary.  The  commissioner  must  ac- 
count for  the  sum^  withdrawn  for  said  revolving  fund  at  any  time  upon 
demand  of  the  board  of  control. 


Act  1700,  §§  22-26  general  laws.  892 

§  22.  Seal.  The  commissioner  slmll  adopt  a  seal  bearing  the  follow- 
ing inscription:  "Commissioner  of  Corporations  State  of  California." 
The  seal  shall  be  affixed  to  all  writs,  orders,  permits,  and  certificates 
issued  by  him,  and  to  such  other  instruments  as  he  shall  direct.  All 
courts  shall  take  judicial  notice  of  said  seal. 

§  23.  Copies  of  orders,  etc.  The  commissioner  may  execute  in  dupli- 
cate any  order,  finding,  or  permit  issued  by  him,  and  each  of  such  parts 
shall  be  deemed  to  be  an  original.  An  original  of  every  such  order, 
finding,  or  permit  shall  be  retained  and  preserved  by  him  in  his  office. 
Copies  of  all  documents,  orders,  and  permits  made,  executed,  or  issued 
by  the  commissioner,  and  of  all  papers  filed  in  his  office,  when  certified 
by  the  commissioner  under  his  official  seal,  shall  be  received  in  evidence 
in  all  eases  in  like  manner  and  with  the  same  effect  as  the  originals. 
Any  order  or  permit  issued  by  the  commissioner,  or  a  copy  thereof  certi- 
fied by  the  commissioner  under  his  official  seal,  to  be  a  true  copy  of  the 
original  order  or  permit,  may  be  recorded  in  the  office  of  the  county  re- 
corder of  the  county  in  which  is  located  the  principal  place  of  business 
of  the  company  affected  thereby  or  in  which  is  situated  any  property  of 
such  company,  and  such  record  shall  impart  notice  of  such  order  or  per- 
mit, and  of  all  its  provisions,  to  all  persons.  A  certificate  under  the  seal 
of  the  commissioner  that  any  such  order  or  permit  has  not  been  amended, 
altered,  revoked,  or  suspended  may  also  be  recorded  in  the  same  offices 
and  with  like  effect. 

§  24.  Official  reports  prima  facie  evidence.  Every  official  report  made 
b}'  the  commissioner,  and  every  report,  duly  verified,  made  to  him  by 
any  lieputy,  clerk,  or  other  person  employed  by  him,  of  any  examination, 
audit,  or  investigation  made  by  him  or  under  his  direction,  and  copies  of 
such  reports,  certified  by  the  commissioner,  shall  be  prima  facie  evidence 
of  the  facts  therein  stated  for  all  purposes  in  any  action  or  proceeding 
wherein  any  company,  broker,  agent,  or  the  commissioner  is  a  party. 

§  25.  Subscription  for  shares  prior  to  incorporation.  Election  of  offi- 
cers prior  to  issuing  shares.  Neither  this  act  nor  any  provision  hereof 
shall  be  deemed  to  jirohiliit  subscriptions  for  shares  of  a  corporation 
made  prior  to  the  incorporation  thereof  and  set  forth  in  its  articles  of 
incorporation;  but  such  subscriptions  shall  be  deemed  to  have  been  made 
and  accepted  upon  the  condition  that  such  corporation,  when  incorpo- 
rated, shall  with  reasonable  diligence  apply  for  and  secure  from  the  com- 
missioner a  permit  authorizing  the  issue  of  the  shares  so  subscribed  for, 
in  accordance  with  such  subscriptions.  The  directors  or  trustees  named 
in  the  articles  of  incorporation  may,  prior  to  the  issue  of  any  shares, 
organize  by  the  election  of  a  president,  who  must  bb  one  of  their  num- 
ber, a  secretary  and  a  treasurer;  and  such  directors,  or  a  majority  of 
them,  or  such  president  and  secretary  may,  in  the  name  of  and  in  behalf 
of  the  corporation,  )iresent  an  application  fn  the  commissioner  as  herein 
provided. 

§  26.  Acts  continued.  Decisions,  etc.,  continued  in  force.  Appeals 
not  affected.  Examination,  etc.,  continued  to  final  detennination.  This 
act,  in  so  far  as  it  does  not  add   to,  lake  from,  or  alter  an  act  entitled 


893  INVESTMENT  COMPANIES.       Act  1700,  §§  27-29 

"All  act  to  deliiie  iiivestineiit  conipauies,  iuvcstiiieiit  brokers,  aud  agents; 
to  provide  for  the  regulation,  supervision  and  licensing  thereof;  to  pro- 
vide penalties  for  the  violation  thereof;  to  create  the  office  of  commis- 
sioner of  corporations,  and  making  an  appropriation  therefor,"  approved 
May  28,  1913,  as  amended  by  an  act  entitled  "An  act  to  amend  section 
three  of  an  act  entitled  'An  act  to  define  investment  companies,  invest- 
ment brokers;  and  agents;  to  provide  for  the  regulation,  supervision  aud 
licensing  thereof;  to  provide  penalties  for  the  violation  thereof;  to  create 
the  office  of  commissioner  of  corporations,  and  making  an  appropriation 
therefor,'  approved  May  28,  1913,"  approved  June  3,  1915,  shall  be  con- 
strued as  a  continuation  thereof. 

All  decisions,  orders,  rules,  findings,  certificates,  or  permits  heretofore 
made  or  issued,  and  acts  done  by  the  commissioner,  shall  continue  in 
force  and  have  the  same  effect  as  if-  they  had  been  lawfully  made,  issued, 
or  done  under  the  provisions  of  this  act. 

This  act  shall  not  affect  any  appeal  pending  from  any  decision  of  the 
commissioner,  or  any  proceeding  to  which  he,  in  his  official  capacity,  is 
a  party;  but  the  same  may  be  prosecuted  or  defended  with  the  same 
effect  as  if  this  act  had  not  been  passed.  Any  examination,  audit,  or 
investigation  undertaken,  commenced,  or  prosecuted  prior  to  the  taki^ng 
effect  of  this  act  may  be  conducted  to  a  final  determination  in  the  same 
manner  and  with  the  same  eft'ect  as  if  it  had  been  undertaken,  com- 
menced, or  prosecuted  under  the  provisions  of  this  act,  and  in  the  manner 
herein  provided.  No  action  or  proceeding,  either  civil  or  criminal,  or 
cause  of  action  arising  under  any  law  of  this  state  shall  abate  by  reason 
of  the  passage  of  this  act,  but  actions  or  proceedings  may  be  commenced 
and  prosecuted  upon  such  causes  in  the  same  manner  and  with  the  same 
effect  as  if  this  act  had  not  been  passed. 

§  27.  Foreign  and  interstate  commerce.  Neither  this  act  nor  any  pro- 
vision hereof  shall  apply  to  or  be  construed  as  a  regulation  of  commerce 
with  foreign  nations  or  among  the  several  states,  except  in  so  far  as  the 
same  may  be  permitted  under  the  provisions  of  the  constitution  and  the 
acts  of  the  congress  of  the  United  States. 

§  28.  Constitutionality.  If  any  section,  subsection,  sentence,  clause, 
or  phrase  of  this  act  is  for  any  reason  held  to  be  unconstitutional,  such 
decision  shall  not  affect  the  validity  of  the  remaining  portions  of  this 
act.  The  legislature  hereby  declares  that  it  would  have  passed  this  act, 
and  each  section,*  subsection,  sentence,  clause,  and  phrase  thereof  irre- 
spective of  the  fact  that  any  one  or  more  other  sections,  subsections, 
sentences,  clauses,  or  phrases  be  declared  unconstitutional. 

§29.  Repealed.  All  acts  and  parts  of  acts  inconsistent  with  the  pro- 
visions of  this  act  are  hereby  repealed. 


Act  1723 j,  §§  1,  2         GENERAL  LAWS.  894 

TITLE  266. 

IRRIGATION". 

ACT  1723  j. 

An  act  to  authorize  irrigation  districts  to  co-operate  and  contract  with 
the  United  States  under  the  provisions  of  the  federal  reclamation 
laws  for  a  water  supply,  or  the  construction,  operation  or  mainte- 
nance of  works,  including  drainage  works,  or  for  the  assumption 
by  the  district  of  indebtedness  to  the  United  States  on  account  of 
district  lands;  and  to  provide  the  manner  and  method  of  payments 
to  the  United  States  under  such  contract,  and  for  the  apportionment 
of  assessments,  and  levy  thereof,  upon  the  lands  of  the  district 
to  secure  revenue  for  such  payments,  and  to  provide  for  the  judicial 
review  and  determination  of  the  validity  of  the  proceedings  in 
connection  with  such  contract. 

[Approved  May  5,  1917.     Stats.   1917,  p.   24.3.     In  effect  July  27,  1917.] 

§  1.     Irrigation  districts  may  co-operate  with  the  United.  States.     In 

addition  to  the  powers  with  which  irrigation  districts  have  been  vested 
under  the  act  approved  March  31,  1897,  and  acts  amendatory  thereof 
or  supplementary  thereto  and  acts  of  or  to  which  said  act  is  amendatory 
or  supplementary,  irrigation  districts  heretofore  or  hereafter  organized 
under  said  acts  shall  have  the  following  powers:  To  co-operate  and  con- 
tract with  the  United  States  under  the  federal  reclamation  act  of  June 
17,  1902,  and  all  acts  amendatory  thereof  or  supplementary  thereto,  or 
any  other  act  of  congress  heretofore  or  hereafter  enacted  authorizing 
or  permitting  such  co-operation,  for  purposes  of  construction  of  works, 
whether  for  irrigation  or  drainage,  or  both,  or  for  the  acquisition,  pur- 
chase, extension,  operation  or  maintenance  of  constructed  works,  or  for 
a  water  supply,  or  for  the  assumption  as  principal  or  guarantor  of  indebt- 
edness to  the  United  States  on  account  of  district  lands. 

§  2.  Power  of  board  of  directors.  Transfer  of  books.  Appointment 
as  fiscal  agent.  The  board  of  directors  shall  generally  perforin  all  such 
acts  as  shall  be  necessary  to  carry  out  the  enlarged  powers  in  this  act 
enumerated.  Said  board  may  enter  into  any  obligation  or  contract  with 
the  United  States  for  the  aforesaid  purposes,  and  may  provide  therein 
for  the  delivery  and  distribution  of  water  for  the  lands  of  such  district 
under  the  aforesaid  acts  of  congress  and  the  rules  and  regulations  estab- 
lished thereunder.  The  contract  may  jirovide  for  the  conveyance  to  the 
United  States  as  partial  consideration  for  the  privileges  obtained  by  the 
district  under  said  contract,  of  water  rights  or  other  property  of  the 
district;  and  in  case  contract  has  been  or  may  hereafter  be  made  with 
the  United  States  as  herein  provided,  bonds  of  the  district  may  be  trans- 
ferred io.  or  (lc|i()si1(Ml  with  the  United  States,  if  so  jirovided  by  said 
contrai-t  and  aiit  Imri/.cd  ;is  hereinafter  set  forth,  at  not  less  than  ninety- 
five  per  cent  of  their  pai-  valin',  In  tlic  ;iiiiount  to  be  paid  by  Ihe  district 
to  United  States  or  any  |i:irt  IIktcdI';  tin'  interets,  or  piinciiial,  or  both, 
on  said  Ijonds  to  l)e  raised  iiy  assessment  and  lovy  as  hereinafter  ])re- 
Hcribed,  and  to  be  regularly  paid  to  the  United  States  and  a])plied  as 
provided    in    ssiid    contrMct.      i'.oiids    t  ransl'eri'ed    to   or   deposited    witli    the 


895  IRRIGATION.  Act  1723J,  §  3 

United  States  may  call  for  the  payment  of  such  interest  not  exceeding 
six  per  cent  i^er  annum,  may  be  of  sucli  denomination,  and  may  call  for 
the  repayment  of  the  principal  at  such  times  as  may  be  agreed  ujion 
between  the  board  and  the  secretary  of  the  interior.  The  contract  with 
the  United  States  may  likewise  call  for  the  paj'ment  of  the  amount  or 
amounts  to  be  paid  by  the  district  to  the  United  States  or  any  part 
thereof  at  such  times  and  in  such  installments  and  with  such  interest 
charges  not  exceeding  the  aforesaid  rate  as  may  be  agreed  upon,  and 
for  assessment  and  levy  therefor  as  hereinafter  provided.  Moreover 
the  board  may  accept  on  behalf  of  the  district,  appointment  of  the 
district  as  fiscal  agent  of  the  United  States,  or  authorization  of  the  dis- 
trict by  the  United  States  to  make  collection  of  moneys  for  or  on  behalf 
of  the  United  States  in  connection  with  any  federal  reclamation  project, 
whereupon  the  district  shall  be  authorized  so  to  act  and  to  assume  the 
duties  and  liabilities  incident  to  such  action,  and  the  said  board  shall 
have  full  power  to  do  any  and  all  things  required  by  the  federal  statutes 
now  or  hereafter  enacted  in  connection  therewith,  and  all  things  required 
by  the  rules  and  regulations  now  or  that  may  hereafter  be  established 
by  any  department  of  the  federal  government  in  regard  thereto.  Dis- 
tricts co-operating  with  the  United  States  may  rent  or  lease  water  to 
private  lands,  entrymen,  or  municipalities  in  the  neighborhood  of  the 
district,  in  pursuance  of  contract  with  the  United  States. 

§  3.     Election  on  proposal  to  enter  contract.     Notice.     Ballots.     Any 

proposal  to  enter  into  a  contract  with  the  United  States  for  {he  repay- 
ment of  construction  moneys,  the  cost  of  a  water  supply  or  the  acquisi- 
tion of  property,  and  to  issue  bonds,  if  any  be  proposed,  shall  be  voted 
upon  at  an  election  wherein  proceedings  shall  be  had  in  so  far  as  appli- 
cable in  the  manner  provided  in  the  case  of  the  ordinary  issuance  of 
district  bonds.  Said  proposal,  with  such  plans  and  estimates  of  cost  as 
have  been  made  in  connection  therewith,  shall  be  submitted  to  the  state 
engineer  for  his  examination  and  report,  and  the  proceedings  in  that 
regard  shall  be  in  accord  with  section  thirty  of  the  act  approved  March 
31,  1897,  as  amended,  in  so  far  as  the  same  may  be  applicable.  Notice 
of  the  election  herein  provided  for  shall  contain  in  addition  to  the  infor- 
mation required  in  the  case  of  ordinary  bond  election  a  statement  of 
the  maximum  amount  of  money  to  be  payable  to  the  United  States  for 
construction  purj^oses,  cost  of  water  supply  and  acquisition  of  property, 
exclusive  of  penalties  and  interest,  together  with  a  general  statement 
of  the  property,  if  any,  to  be  conveyed  by  the  district  as  hereinabove 
provided.  The  ballots  at  such  election  shall  contain  a  brief  statement 
of  the  general  purpose  of  said  contract  and  the  amount  of  the  obligation 
to  be  assumed,  as  aforesaid,  w'ith  the  words  "Contract— Yes"  and  "Con- 
tract— No,"  or  "Contract  and  bonds — Yes"  and  "Contracts  and  Bonds — 
No,"  as  the  case  may  be.  The  board  of  directors  may  submit  any  such 
contract  or  proposed  contract  and  bond  issue  if  any,  to  the  superior 
court  of  the  county  wherein  is  located  the  office  of  said  board  to  deter- 
mine the  validity  thereof  and  the  authority^  of  the  board  to  enter  into 
such  contract,  and  the  authority  for  and  validity  of  the  issuance  and 
deposit  or  transfer  of  said  bonds;  whereupon  the  same  proceedings  shall 
be  had  as  in  the  ordinary  case  of  the  judicial  determination  of  the 
validity  of  bonds  and  with  like  effect. 


Act  1723 j,  §§  4-7  GENERAL    LAWS.        '  896 

§  i.  Distribution  of  water.  All  water,  the  right  to  the  use  of  which 
is  acquired  by  the  district  uuder  auy  contract  with  the  United  Slates 
shall  be  distributed  aud  apportioued  by  the  district  in  accordance  with 
the  acts  of  congress  applicable  thereto,  the  rules  and  regulations  of  the 
secretary  of  the  interior  thereunder,  and  the  provisions  of  said  contract, 
and  provision  may  be  made  in  the  contract  between  tlie  district  and  the 
United  States  for  the  refusal  of  water  service  to  any  or  all  lands  which 
may  become  delinquent  in  the  payment  of  any  assessment  levied  for 
the  purpose  of  carrying  out  any  contract  between  the  district  aud  the 
United  States. 

§  5.  Eights  of  way  conveyed.  Anj'  rights  of  way  or  other  property 
owned  or  acquired  by  the  district  may  be  conveyed  by  the  board  to  the 
United  States  in  so  far  as  the  same  may  be  needed  for  the  construction, 
operation  and  maintenance  of  works  by  the  United  States  for  the  benefit 
of  the  district  under  any  contract  that  mey  be  entered  into  with  the 
United  States  pursuant  to  this  act. 

§  6.  Payments  by  annual  assessments.  All  payments  due  or  to  become 
due  to  the  United  States  under  any  contract  between  the  district  and  the 
United  States,  including  such  payments  of  interest  and  principal  on 
bonds  as  may  be  required  in  connection  with  a  deposit  or  transfer 
thereof  to  the  United  States,  shall  be  p.aid,  unless  otherwise  provided 
by  contract,  by  revenue  derived  from  annual  assessments,  apportioned 
as  hereinafter  prescribed,  and  levies  thereof,  upon  such  real  property 
within  the  district  as  may  be  assessable  for  district  purposes  under  the 
laws  of  the  state,  and  such  real  property  shall  be  and  remain  liable  to 
be  assessed  and  levied  upon  for  such  payments  as  herein  provided.  It 
shall  be  the  duty  of  the  board  of  directors  annually  to  levy  an  assess- 
ment sufficient  to  raise  the  money  necessary  to  meet  all  payments  when 
due  as  provided  in  the  contract.  All  money  collected  in  pursuance  of 
such  contract  by  assessments  and  levies,  or  otherwise,  shall  be  paid 
into  the  district  treasury  and  held  in  a  fund  to  be  known  as  the  "United 
States  contract  fund,"  to  be  used  for  payments  due  to  the  United  States 
under  any  such  contract.  Public  lands  of  the  United  States  within  any 
district  shall  be  subject  to  assessment  for  all  purposes  of  this  act  to 
the  extent  provided  for  by  the  act  of  congress  approved  August  11,  1916, 
entitled  "An  act  to  promote  reclamation  of  arid  lands,"  or  any  other 
law  which  may  hereafter  be  enacted  by  congress  in  the  same  relation, 
upon  full  compliance  therewith  by  the  district.  Nothing  in  this  act  con- 
tained shall  be  construed  to  relieve  the  district  from  obligation  to  pay 
as  a  district  in  case  of  default  of  any  land,  unless  so  provided  by  the 
said    contract  between   tlio   district   aud   the   ITnited   States. 

§7.  Apportionment  of  assessment.  The  assessment  required  in  any 
year  t6  meet  the  jjayment  due  to  the  [Jnited  States  for  all  purposes 
under  the  contract  as  in  this  act  provided  may  l)e  apportioned  in  accord- 
ance with  the  benefits,  and  in  the  ascertainment  of  such  benefits  there 
shall  bo  taken  into  account  the  provisions  of  the  contract  between  the 
United  States  and  the  district,  tlic  federal  laws  a})p]icable  thereto,  and 
the  notices  and  regulations  issued  in  ])ursuance  of  said  laws,  and  in  case 
such  contract  is  for  the  assumption  by  the  district  as  [)rincipal  or  guar- 
antor of  indebtedness  to  the  United    States  theretofore  existing  on   ac- 


897  IRRIGATION.  Acts  172r)e-1725,u,  i;  I 

count  of  (listrift  lands,  Ihore  sliall  be  I'urtluM'  taken  into  account  the 
provisions  of  existing  contracts  carrying  such  indebtedness  and  the 
amounts  of  such  liens  as  may  be  released  in  pursuance  of  the  contract 
between  the  United  States  and  the  district. 

§  8.  Change  in  boundaries.  Where  contract  shall  have  been  entered 
into  between  the  United  .States  and  any  irrigation  district  the  district 
shall  not  be  dissolved,  nor  shall  the  boundaries  be  changed,  except 
upon  written  consent  of  the  secretary  of  the  interior  filed  with  the 
oflficial  records  of  the  district.  If  such  consent  be  given  and  lands  be 
excluded,  the  areas  excluded  shall  be  free  from  all  liens  and  charges 
for  payments  to  become  due  to  the  United  States. 

§9.  Acts  in  force.  The  provisions  of  the  general  irrigation  district 
act,  approved  March  31,  1897,  and  acts  amendatory  thereof  or  supple- 
mental thereto,  shall  be  and  remain  in  force  as  regards  irrigation  dis- 
tricts in  this  act  referred  to  except  in  so  far  as  herein  modified  expressly 
or  by  necessary  inn^lication;  and  nothing  in  this  act  shall  be  so  construed 
as  to  affect  irrigation  district  operations  not  related  to  co-operation 
with  the  United  States.  However,  the  provisions  of  section  fifty-three 
of  said  act,  approved  March  31,  1897,  shall  not  apply  in  ease  of  any 
contract  between  an  irrigation  district  and  the  United  States. 

ACT  17256. 

An   act   to  recognize   and    declare   valid   all    proceedings   in     Camiichael 
irrigation  district. 

[Approved  March  2(J,  1917.     Stats.  1917,  p.  12.     In  effect  July  27,  1917. J 

§  1.  Carmichael  irrigation  district  validated.  Carmichael  irrigation 
district  as  formed  by  the  board  of  supervisors  of  the  county  of  Sacra- 
mento, state  of  California,  and  as  now  existing,  is  hereby  recognized  and 
declared  valid  and  all  proceedings  on  organization  and  formation  are 
hereby  approved  and  declared  valid. 

ACT   1725f. 

An  act  to  recognize  and   declare  valid  all   proceedings   in  Happy  Valley 
irrigation  district. 

[Approved  May  23,  1917.     Stats.  1917,  p.  9(16.     In  effect  July  27,  1917. J 

§  1.  Happy  Valley  irrigation  district  validated.  The  Happy  Valley 
irrigation  as  formed  by  the  board  of  supervisors  of  thu  county  of  Shasta, 
state  of  California,  and  as  now  existing,  is  hereby  recognized  and  de- 
clared valid  and  aV  proceedings  on  organization  and  formation  are 
hereby  approved  and  declared  valid. 

ACTP  1725g. 

An  act  to  recognize  and  declare  valid  the  Paradise  irrigation  district, 
and  all  proceedings  in  relation  thereto  and  to  the  organization 
thereof. 

[Approved  March  20,  1917.     Stats.  1917,  p.  13.     In  effect  .luly  27,  1917.  [ 

§1.     Paradise   irrigation   district   validated.     Paradise   irrigation  "dis- 
trict, situate   in  the  county  of  Butte,  as  formed  bj^  the  board  of  super- 
57 


Acts  1725h-1725j,  §  1       general  laws.  898 

visors  of  said  county,  and  as  now  existing  or  as  the  boundaries  thereof 
may  hereafter  be  modified  according  to  law,  is  hereby  recognized  and 
declared  a  valid  irrigation  district  with  all  the  powers  and  authority 
vested  in  irrigation  districts,  and  all  proceedings  on  organization  and 
formation   thereof   are   hereby   approved   and   declared  valid. 

ACT  1725h. 

An  act  to  recognize  and  declare  valid  the   Stratford   irrigation  district, 

and    all    proceedings   in    relation   thereto    and   to   the   organization 

thereof. 
[Approved  March  20,  1917.     Stats.  1917,  p.  14.     In  effect  July  27,  1917.] 

§  1.  Stratford  irrigation  district  validated.  Stratford  irrigation  dis- 
trict, situated  in  the  county  of  Kings,  as  formed  by  the  board  of  super- 
visors of  said  county,  and  as  now  existing  or  as  the  boundaries  thereof 
may  hereafter  be  modified  according  to  law,  is  hereby  recognized  and 
declared  a  valid  irrigation  district  with  all  the  powers  and  authority 
vested  in  irrigation  districts,  and  all  proceedings  on  organization  and 
formation  thereof  are  hereby  approved  and  declared  valid. 

ACT  17251. 

An    act    to    recognize    and    declare   valid   the    Terra   Bella    irrigation    dis- 
trict, and  all  proceedings  in  relation  thereto  and  to  the  organization 
. thereof. 
[Approved  March  2il,  1917.     Stats.  1917,  p.  14.     In  effect  .July  27,  1917.] 

§  1.  Terra  Bella  irrigation  district  validated.  Terra  Bella  irrigation 
district,  situate  in  the  county  of  Tulare,  as  formed  by  the  board  of 
supervisors  of  said  county,  and  as  now  existing  or  as  the  boundaries 
thereof  may  hereafter  be  modified  according  to  law,  is  hereby  recog- 
nized and  declared  a  valid  irrigation  district  with  all  the  powers  and 
authority  vested  in  irrigation  districts,  and  all  proceedings  on  organiza- 
tion and  fonnation  thereof  are  herein-  approved  and  declared  valid. 

ACT  1725  j. 

An  act  to  recognize  and  declare  valid  the  Lindsay-Strathmore  irrigation 
district,  and  all  proceedings  in  relation  thereto  and  to  the  organiza- 
tion thereof. 

[A). proved  .Marcii  2n,   1917.     Stats.  1917,  p.  1.1.      In  eft'ect  July  27.  1917.] 

§  1.  Lindsay-Strathmore  irrigation  district  validated.  Lindsay- 
Strathmore  iirigation  district,  situate  in  the  iimnty  of  Tulare,  as  formed 
by  the  board  of  supervisors  of  said  county,  and  as  now  existing  or  as  the 
boundaries  thereof  may  hereafter  be  modified  according  to  law,  is 
hereby  recognized  and  declared  a  valid  irrigation  district  with  all  the 
powers  and  authority  vested  in  irrigation  districts,  and  all  proceedings 
on  organization  and  formation  thereof  are  hereby  approved  and  declared 
valid. 


S!)!)  IRRIGATION.  Acts  1725k-1725ni,  ^  1 

ACT   1725k. 

All  ;u't   recognizing  iiinl   (U'l-liiiing   \aliil   the   VW'st  .Side  iirigation   district 

and  approving  and  declaring  valid  all   proceedings  on  formation  and 

organization   of  said   district. 

|Ai>proved  March  20.  1917.     Stats.  1917,  \>.   lo.     In  effect  July  37,  1917. J 

§  1.  West  Side  irrigation  district  validated.  The  West  Side  irrigation 
district  in  the  county  of  San  .Toaquin,  state  of  California,  as  formed 
and  organized  by  the  board  of  supervisors  of  said  county  and  as  now 
existing,  is  hereby  recognized  and  declared  valid  and  aJl  proceedings 
on  formation  and  organization  of  said  district  are  hereby  ap2)roved 
and  declared  valid. 

ACT   1725  1. 

An   act  to   recognize   and    declare   valid  all   proceedings   in   Baxter   creek 
irrigation  district. 

[Approved   May   4,    1917.     Stats.   1917.   p.   227.     In   effect  July  27,   1917. J 

§  1.  Baxter  creek  irrigation  district  validated.  The  Baxter  creek  irri- 
gation district  as  formed  by  the  board  of  supervisors  of  the  county  of 
Lassen,  state  of  California,  and  as  now  existing,  is  hereby  recognized 
and  declared  valid,  and  all  proceedings  on  organization  and  formation 
thereof  are  hereby  approved  and  declared  valid. 

ACT   1725m. 

An  act  validating  the  formation  and  organization  of  Los  Angeles  County 
Drainage  District  Improvement  No.  1  under  the  provisions  of  an 
act  of  the  legislature  of  the  state  of  California,  approved  March  21, 
1903,  as  amended  May  7,  1915,  and  entitled  as  amended  "An  act  to 
promote  the  drainage  of  wet,  swamp  and  overflowed  lands,  and  to 
promote  the  public  health  in  the  communities  in  which  they  lie, 
providing  for  the  issuance  of  bonds  and  levying  of  assessments  on 
lands  benefited,  to  pay  the  costs  and  expenses  thereof." 

[Approved  May  4.   1917.     Stats.  1917,  p.  227.     In  eft'ect  July  27.  1917.] 

§  1.  Los  Angeles  County  Drainage  District  Improvement  No.  1  vali- 
dated. Los  Angeles  County  Drainage  District  Improvement  No.  1,  or- 
ganized, formed  and  established  under  the  provisions  of  an  act  of  the 
legislature  of  the  state  of  California,  approved  March  21,  1903,  amended 
May  7,  1915,  and  entitled  as  amended  "An  act  to  promote  the  drainage 
of  wet,  swamp  and  overflowed  lands,  and  to  promote  the  public  health 
in  the  communities  in  which  they  lie,  providing  for  the  issuance  of  bonds 
and  levying  of  assessments  on  lands  benefited,  to  pay  the  costs  and 
expenses  thereof,"  and  all  proceedings  leading  to  such  organization, 
formation  or  establishment  of  such  district,  are  hereby  affirmed  and 
validated,  and  such  district  is  hereby  declared  to  be  '  duly  organized 
and  incorporat6<l;  and  all  the  powers  given  to  such  district  and  the 
officers  thereof  by  said  act  are  hereby  declared  to  be  enjoyed  by  said 
district,  and  all  the  acts  of  said  district  and  its  officers  are  hereby 
ratified  and  approved. 


Acts  1725n-1726,  §  1         general  laws.  900 

ACT  1725n. 

An  act  to  recognize  and  declare  valid  all  the  proceedings  in  Princeton- 
Codora-Glenn  irrigation  district. 

[Approved  May  -i,  1917.     Stats.   1917,  p.  2'i8.     In  effect  July  27,   1917.] 

§  1.  Princeton-Codora-Glenn  irrigation  district  validated.  The  Prince- 
ton-(,'odora-Glenn  irrigation  district  as  formed  by  the  board  of  super- 
visors of  the  county  of  Glenn,  state  of  California,  and  as  now  existing 
is  hereby  recognized  and  declared  valid,  and  all  the  proceedings  on 
organization  and  formation  are  hereby  approved  and  in  all  respects 
declared  valid. 

ACT  1726. 

An  act  to  provide  for  the  organization  and  government  of  irrigation  dis- 
tricts, and  to  provide  for  the  acquisition  or  construction  thereby  of 
works  for  the  irrigation  of  the  lands  embraced  within  such  districts, 
and,  also,  to  provide  for  the  distribution  of  water  for  irrigation  pur- 
poses. 

[Approved  March  31,  1897.     Stats.  1897,  p.  254.] 

Amended  1901,  p.  815;  1905,  p.  27;  1909,  pp.  12.,  46,  429,  461,  998, 
1062,  1075;  1911,  pp.  509,  1111;  1911  (Extra  Session),  pp.  135,  139,  248; 
191-3,  pp.  59,  781,  993;  19L5,  pp.  836,  1291,  1326,  1367;  1917,  pp.  751,  915. 

The  amendments  of  1917  follow: 

§  1.  Majority  of  owners  may  organize  irrigation  district.  Evidence 
of  title.  A  majority  in  number  of  the  holders  of  title,  or  evidences  of 
title,  including  the  holders  of  possessory  rights  under  receipts  or  other 
evidence  of  the  rights  of  entrymen  or  purchasers  under  any  law  of  the 
United  States  or  of  this  state,  to  lands  susceptible  of  irrigation  from 
a  common  source  and  by  the  same  system  of  works,  including  pumping 
from  subsurface  or  other  waters,  such  holders  of  title,  or  evidence  of 
title  and  of  possessory  rights,  representing  a  majority  in  value  of  said 
lands,  according  to  the  equalized  county  assessment  roll  or  rolls  for 
the  year  last  preceding,  may  propose  the  organization  of  an  irrigation 
district,  under  the  provisions  of  this  act;  or  the  organization  of  an  irri- 
gation district  of  land  susceptible  of  irrigation  from  a  common  source 
and  by  the  same  system  of  works,  including  ])umping  from  subsurface 
or  other  waters,  under  the  ])rovisions  of  tliis  net,  may  be  proposed  by 
written  petition  signed  by  not  less  than  fi\(>  hundred  petitioners,  each 
petitioner  to  lie  ;in  ailiilt  jierson  residing  in  tiie  pro]iosed  district,  or 
to  be  some  jicrson,  nn  poration,  association  or  partnership,  the  holder 
of  1i1lc  to  lands  in  said  |iroposed  irrigation  district,  or  evidence  of  title 
In  laiiil  in  said  pniposiMJ  inigation  disti'ici,  includng  the  holders  of  pos- 
sessory rights  nndcr  i('i-('i|its  or  otlicr  ('\id(Mice  of  the  rights  of  entry- 
men  or  purchasers  under  aii\'  law  (if  llic  United  states  or  of  this  state, 
the  said  |>cl  if  innci's  signing  saiil  |M'tiliiin  shall  iiudndc  the  owners  of 
not  less  than  Iwmty  pei'  (tent  in  \alni'  dl  thr  land  williin  said  proposed 
irrigation     <lis1rict     afciirding     to    the    ('(pialized    cdunty    assessment    roll 


<J(J1  IRRIGATION.  Act  1726,  §  2 

or  rolls  for  the  year  last  preceding.     8ueh  lands  proposed  to  be  organized 
into  an  irrigation  district  need  not  consist  of  contiguous  parcels. 

Said  equalized  assessment  roll  or  rolls  shall  be  sufficient  evidence  of 
title  and  of  such  possessory  rights,  for  the  purposes  of  this  act,  except 
that  where  property  is  assessed  to  unknown  owners  or  the  assessment- 
roll  does  not  purport  to  give  the  true  name  or  gives  the  names  of  a  por- 
tion only  of  the  owners  of  any  parcel,  the  actual  owners  of  said  prop- 
erty shall  be  considered  the  owners  for  all  the  purposes  of  this  act,  and 
owners  of  undivided  interests'  may  sign  for  such  interest  and  each  such 
owner  shall  be  considered  as  one  assessment  payer;  and  [uovided,  fur- 
tlier,  that  guardians,  executors,  administrators  or  other  persons  holding 
property  in  a  trust  capacity  under  appointment  of  court  may  sign  any 
petition  provided  for  in  this  act,  when  authorized  by  an  order  of  court, 
which  order  may  be  made  without  notice.  A  certifieate  of  acknowledg- 
ment taken  before  a  notary  public  or  justice  of  the  peace  of  any  state, 
or  an  affidavit  by  any  person  in  the  presence  of  whom  such  petition  was 
signed,  shall  be  sufficient  evidence  of  the  genuineness  of  such  signature 
and  of  the  fact  of  place  of  residence  of  any  petitioner  and  any  fact 
going  to  the  qualifications  of  petitioners  under  this  act.  [Amendment 
approved  May  19,  1917;  Stats.  1917,  p.  751.] 

§  2.  Petition  to  organize  irrigation  district.  Publication.  Hearing. 
Investigation  of  state  engineer.  Report  that  project  is  not  feasible. 
Final  hearing.  Change  of  boundaries.  In  order  to  propose  the  organi- 
zation of  an  irrigation  district,  a  petition  shall  be  presented  to  the 
board  of  supervisors  of  the  county  in  which  the  lands  within  the  pro- 
]iosed  district,  or  the  greater  portion  thereof,  are  situated,  signed  by 
the  required  number  of  holders  of  title,  or  evidence  of  title,  including 
such  aforesaid  possessory  rights  to  lands  within  such  proposed  district, 
and  representing  the  requisite  majority  in  value  of  said  land,  or  a  peti- 
tion shall  be  presented  to  said  board  of  supervisors  signed  by  not  less 
than  five  hundred  petitioners,  each  petitioner  to'  the  number  of  at  least 
five  hundred  to  be  an  elector  in  the  proposed  district,  or  to  be  some 
person,  corporation,  association  or  partnership,  the  holder  of  title  to 
lands  in  said  proposed  irrigation  district,  or  evidence  of  title  to  lands 
in  said  proposed  irrigation  district,  including  the  holders  of  possessory 
rights  under  receipts  or  other  evidence  of  the  rights  of  entrymen  or 
l)urcliasers  under  any  laws  of  the  United  States  or  of  this  state,  the  said 
petitioners  signing  said  petition  shall  include  the  owners  of  not  less  tTian 
twenty  per  cent  in  value  of  the  land  within  said  proposed  irrigation  dis- 
trict according  to  the  equalized  county  assessment  roll  or  rolls  for  the 
year  last  preceding,  which  petition  shall  set  forth  generally  the  bound- 
aries of  the  proposed  district  and  also  shall  state  generally  the  source  or 
sources  (which  may  be  in  the  alternative)  from  which  said  lands  are 
proposed  to  be  irrigated,  and  shall  pray  that  the  territory  embraced 
within  the  boundaries  of  the  proposed  district  may  be  organized  as  an 
irrigation  district  under  the  provisions  of  this  act.  The  petition  may 
consist  of  any  number  of  separate  instruments,  and  must  be  accompanied 
with  a  good  and  sufficient  undertaking,  to  be  approved  by  the  board  of 
supervisors,  in  double  the  amount  of  the  probable  cost  of  organizing  such 
district,  conditioned  tRat  the  sureties  shall  pay  all  of  said  costs  in  case 


Act  1726,  §  2  uLoxEKAi,  i.AW«.  902 

said  organization  shall  not  be  atfeeted.  Said  petition  shall  be  presented 
at  a  regular  meeting  of  said  board  and  shall  be  published  for  at  least  two 
weeks  before  the  time  at  which  the  same  is  to  be  presented  in  some 
newspaper  of  general  circulation  printed  and  published  in  the  county 
where  said  petition  is  presented  together  with  a  notice  stating  the  time 
of  the  meeting  at  which  the  same  will  be  presented;  and  if  any  portion 
of  the  lands  within  said  proposed  district  lie  within  another  county  or 
counties,  then  said  petition  and  notice  shall  be  published,  as  above  pro- 
vided, in  a  newspaper  published  in  each-  of  said  counties.  When  con- 
tained upon  more  than  one  instrument,  one  copy  only  of  such  petition 
need  be  published,  but  the  names  attached  to  all  of  said  instruments 
must  appear  in  such  publication.  On  or  before  the  day  on  which  said 
petition  is  presented  to  said  board  of  supervisors,  a  copy  of  said  petition 
shall  be  filed  in  the  oifice  of  the  state  engineer.  When  said  petition  is 
presented,  said  board  of  supervisors  shall  hear  the  same  and  -shall  pro- 
ceed to  determine  whether  or  not  said  petition  complies  with  the  re- 
quirements hereinbefore  set  forth  and  whether  or  not  the  notice  required 
herein  has  been  puljlished  as  required,  gtnd  must  hear  all  competent  and 
relevant  testimony  offered  in  support  of  or  in  oi:)j)Osition  thereto.  Said 
hearing  may  be  adjourned  from  time  to  time  for  the  determination  of 
said  facts,  not  exceeding  two  weelcs  in  all.  No  defect  in  the  contents 
of  the  petition  or  in  the  title  to  or  form  of  the  notice  or  signatures,  or 
lack  of  signatures  thereto,  shall  vitiate  any  proceedings  thereon;  pro- 
vided, such  petition  or  petitions  have  a  sufi&cient  number  of  qualified 
signatures  attached  thereto.  The  determination  of  the  board  shall  be 
expressed  by  resolution.  If  it  shall  determine  that  any  of  the  require- 
Inents  hereinbefore  set  forth  have  not  been  complied  with,  the  matter 
shall  be  dismissed,  but  without  prejudice  to  the  right  of  the  proper  num- 
ber of  persons  to  present  a  new  petition  covering  the  same  matter  or  to 
present  the  same  petition  with  additional  signatures,  if  such  additional 
signatures  are  necessary  to  comply  with  the  requirements  of  this  act. 
If  the  board  of  supervisors  shall  determine  that  the  petitioners  have  com- 
plied with  the  requirements  hereinbefore  set  forth,  it  shall  cause  a  copy 
of  the  resolution  so  declaring  to  be  forwarded  to  the  state  engineer  and 
shall  postpone  further  hearing  of  said  petition  until  a  report  shall  be  re- 
ceived from  the  state  engineer.  Upon  receiving  a  copy  of  said  resolu- 
tion, tiie  state  engineer  shall  make  or  cause  to  be  made  such  preliminary 
investigation  as  may  be  jiracticable,  with  a  view  to  determining  the 
feasibility  of  the  project  fji'oposed  to  be  undertaken.  He  shall  report 
as  soon  as  practicable,  biil  at  all  events  within  ninety  days,  in  writing, 
on  the  matter  to  the  Itoard  of  sujjervisors  from  which  the  copy  of  said 
resolution  was  received,  ;iiid  such  board  of  supervisors  at  their  next 
regular  meeting  followiiiL;  t  lir  receipt  of  said  r('|)m-t  shall  set  a  tim?  for 
the  coiisideratioii  nl'  said  report;  providcMJ,  tiiat  such  time  sliall  not  be 
less  than  one  week  frimi  siidi  n'liiilar  meeting  of  said  board  of  super- 
visors; and  |»rovided,  fiii'tlici,  lliat  notice  of  sucli  time  shall  be  given 
bv  registered  mail  to  sm-li  parly  as  shall  liasc  Ixmmi  designalcd  f(ir  tliat 
pnr|)0se  by  tln'  pelil  ionci-s  or  b,\'  piiliiii-a  1  iun  I'm  at  least  three  days  in 
one  daily  newspaper  pnldished  iu  tlie  coutily  in  wliicli  the  lands  witliin 
the  prrjposed  district,  or-  the  greater  iioitioii  thereof,  are  sitn;ited.  A 
failiiri'   t(»  give  such    last    mentioned    not  ire,   li(i\ve\er,  shall    not  atVect   (he 


903  lUKiuATioN.  Act  1726,  §  2a 

validity  of  subsequoiif  proceediugs.  If  the  state  engineer  shall  report 
that  the  supplj-  of  water  available  for  the  use  of  the  proposed  district, 
or  that  may  be  acquired  by  any  practicable  means,  including  the  con- 
demnation of  existing  rights,  is  not  sufficient  or  that  the  project  is  not 
feasible  for  any  other  reasons  or  reason  and  if  such  report  shall  be  filed 
with  the  said  board  of  supervisors  before  the  expiration  of  ninety  days 
from  and  after  the  date  of  the  adoption  of  the  aforesaid  resolution,  the 
liearing  of  tlio  petition  shall  again  be  continued  for  not  more  than  two 
months  and  shall  then  be  dismissed,  unless  the  board  of  supervisors  shall 
be  petitioned  in  writing  by  three-fourths  in  number  of  the  holders  of 
title  or  evidence  of  title  including  possessory  rights,  to  land  within  said 
proposed  district  to  grant  the  same;  provided,  that  if  such  petition  is 
not  received  the  board  of  supervisors  may  modify  the  plans  for  the  pro- 
posed district  in  accordance  with  recommendations  by  the  state  engineer. 
If  the  report  of  the  state  engineer  shall  not  compel  the  continuance  of 
the  matter  as  aforesaid,  or  if  no  report  is  received  or  if  the  state  en- 
gineer makes  a  written  statement  that  he  has  been  unable  to  make  such 
rejiort,  or  if  no  re])ort  is  made  at  the  first  regular  meeting  after  the  ex- 
piration of  said  ninety  days,  the  board  of  supervisors  shall,  at  the  meet- 
ing at  which  said  report  shall  have  been  set  for  hearing,  proceed  to  a 
final  hearing  of  the  petition.  If  said  board  shall,  after  receiving  an  ;i(l- 
\  erse  report  from  the  state  engineer,  as  aforesaid,  decide  to  modify  the 
plan  as  set  forth  in  said  petition  or  shall  be  requested  in  vvritini;  l)y 
three-fourths  in  number  of  the  holders  of  title  or  evidence  of  title,  in- 
cluding possessol'j'  rights,  to  the  lands  within  said  projiosed  district  to 
grant  said  petition,  said  board  shall  then  proceed  at  the  time  set  to  a 
final  hearing  of  the  matter.  On  a  final  hearing  herein  provided  for,  the 
board  may  adjourn  from  day  to  day,  but  not  for  a  longer  time,  until  a 
determination  of  the  nmtter  is  reached.  On  said  final  hearing  said  board 
shall  make  such  changes  in  the  proposed  boundaries  as  it  may  deem  ad- 
visable and  shall  define  and  establish  such  boundaries,  but  said  board 
shall  not  modify  said  boundaries  so  as  to  exclude  from  such  proposeil 
district  anj^  territory  which  is  susceptible  of  irrigation  from  any  of  the 
sources  proposed,  unless  said  board  shall  decide  to  modify  the  plan  for 
such  proposed  district,  as  herein  provided,  nor  shall  any  lands  which  will 
not,  in  the  judgment  of  said  board,  be  benefited  by  irrigation  by  means 
of  any  said  systems  or  works  be  included  within  such  proposed  district. 
Lands  already  irrigated  and  riparian  lands  may  be  included  in  the  dis- 
trict if  in  the  judgment  of  the  board  of  supervisors  such  land  will  be 
benefited,  or  if  the  water  used  thereon  or  the  rights  to  the  use  of  water 
thereon  should  in  tlie  judgment  of  the  board  of  supervisors,  be  taken  or 
acquired  for  the  district.  Any  person  whose  lands  are  susceptible  of 
irrigation  from  any  of  the  proposed  sources  may,  upon  his  application, 
in  the  discretion  of  said  board,  have  such  lands  included  wathin  said 
proposed  district.  (Amendment  approved  Mav  19.  1917;  Stats.  1917, 
p.  7o2.1 

§  2a.  Duty  of  state  engineer.  The  state  engineer  shall  have  author- 
ity, and  it  shall  be  his  duty,  to  give  information  so  far  as  may  be  prac- 
ticable to  persons  contemplating  the  organization  of  irrigation  districts 
under  the  ])rovisions  of  this  act.     Whenever  the  department  of  engineer- 


Act  1726,  §§  14,  14a  general  laws.  904 

ing  shall  deem  it  iu  the  public  interest  that  preliniinary  surveys  and  field 
investigations  of  proposed  irrigation  district  projects  shall  be  made  at 
the  expense  of  the  state,  the  state  engineer  shall  make  such  surveys  and 
field  investigations  of  such  proposed  irrigation  district  projects,  and, 
pending  the  completion  of  such  surveys  and  investigation,  the  state  v/ater 
commission  shall  have  authority  to  withhold  from  appropriation  any  un- 
appropriated waters  likely  to  be  needed  therefor.  [New  section  added 
May    19,   1917;   Stats.    1917,   p.   7.^5.] 

§  14.  Board  of  directors,  monthly  meetings.  Special  meetings. 
Quorum.  The  board  of  directors  shall  hold  a  regular  meeting  on  the 
first  Tuesday  of  each  month  at  the  place  selected  as  the  office  of  the 
board;  provided,  that  the  board  may,  by  resolution  duly  entered  upon  its 
minutes,  fix  any  other  time  as  the  time  for  its  regular  monthly  meeting, 
but  no  change  in  the  time  of  holding  regular  meetings  of  the  board  shall 
be  made  until  after  the  resolution  proposing  such  change  has  been  pub- 
lished once  a  week  for  two  successive  weeks  in  a  newspaper  published 
in  the  county  in  which  the  office  of  the  district  is  kept.  Such  special 
meetings  of  the  board  of  directors  may  be  held  as  may  be  required  for 
the  proper  transaction  of  the  business  of  the  district,  but  a  special  meet- 
ing must  be  ordered  by  a  majority  of  the  board.  The  order  must  be  en- 
tered of  record,  and  five  days"  notice  thereof  must  by  the  secretary  be 
given  to  each  director  not  joining  in  the  order.  The  order  must  specify 
the  business  to  be  transacted,  and  no  other  business  than  that  specifietl 
in  the  order  may  be  transacted  at  such  special  meeting,  unless  all  the 
members  are  present  and  consent  to  the  consideration  of  any  business 
not  specified  in  said  order.  All  meetings  of  the  board  must  be  public 
and  three  members  shall  constitute  a  quorum  for  the  transaction  of  busi- 
ness; provided,  however,  that  when  the  board  consists  of  three  members 
only,  then  in  such  case  two  shall  constitute  a  quorum  for  the  transaction 
of  business;  but  on  all  questions  requiring  a  vote,  except  a  motion  to 
acTjourn  or  a  motion  to  adjourn  to  a  stated  time,  there  shall  be  a  con- 
currence of  at  least  the  number  constituting  a  quorum.  A  smaller  num- 
ber of  directors  than  a  quorum  may  adjourn  from  day  to  day.  All  rec- 
ords of  the  board  shall  be  open  to  public  inspection  during  business 
hours.  W'henever  any  act  is  required  to  be  done  or  proceeding  taken 
by  this  act,  or  by  an  act  supplemental  or  amendatory  thereto,  on  the  first 
Tuesday  in  any  month,  such  act  may  be  done  or  proceeding  had  upon  the 
day  specified  in  the  resolution  hereinbefore  referred  to  as  the  time  for 
the  regular  meeting  of  the  board  of  directors;  provided,  also,  that  when 
a  day  other  tlian  the  first  Tuesday  in  the  month  shall  have  been  speci- 
fied as  the  time  for  tiie  regular  meeting  of  the  board  of  directors,  there- 
after the  newly  elected  officers  of  tlie  district  shall  take  office  at  noon 
on  the  flay  fixed  for  the  regular  montlily  meeting  of  said  board  in  March 
and  said  lioard  shall  meet  for  reorganization  and  the  transaction  of  any 
otlier  business  (if  liic  district  in  the  afternoon  of  s;iid  day.  |. Amend- 
ment  aiijirovcil    May    I'.l.    I'.tl7;    Slats.    1917,   ji.   1"k\ 

§  14a.  Publication  of  financial  condition.  Tiie  jioard  of  directors  at 
their  regular  monthly  meetinti  in  .lannary  of  each  year  shall  render  and 
immediately  thereafter  cause  to  lie  puldishcd  a  verified  statement  ot"  the 
financial   con'litlon   of   the   district,  siiowin;;-   |ia  il  icnlarly    the    receipts  and 


905  iijRicATioN.  Act  172(3,  i;^  15,  ]  5a 

disbursements  of  tlio  last  preceding-  year,  togetlicr  with  tlic  source  of 
such  receipts  and  purpose  of  such  disbursements.  Said  publication  shall 
be  made  at  least  once  a  week  for  two  weeks,  in  some  newspai)er,  pub- 
lished in  the  county  where  the  office  of  the  board  of  directors  of  such 
district  is  situated.  [Xew  section  added  May  19,  1917;  Stats.  1917, 
p.  75(i.  j 

§  15.  Powers  of  directors.  The  board  of  directors  siiall  have  the 
power  and  it  shall  be  their  duty  to  manage  and  conduct  the  business  and 
affairs  of  the  district;  make  and  execute  all  necessary  contracts;  employ 
and  appoint  such  agents,  officers,  and  employees  as  may  be  required,  and 
prescribe  their  duties.  The  board  and  its  agents  and  employees  shall 
have  the  right  to  enter  upon  any  land  to  make  surveys,  and  may  locate 
the  necessary  irrigation  works  and  the  line  for  canal  or  canals,  and  the 
necessary  branches  for  the  same  on  any  lands  which  may  be  deemed 
best  for  such  location.  Said  board  shall  also  have  the  right  to  acquire, 
by  purchase,  lease,  contract,  condemnation,  or  other  legal  means,  all 
lands,  and  waters,  and  water  rights,  and  other  property  necessary  for  the 
construction,  use,  supply,  maintenance,  repair  and  improvements  of  said 
canal,  or  canals,  and  works,  whether  in  this  or  in  other  states  or  in  a 
foreign  nation,  including  canals,  and  works  constructed  and  being  con- 
structed by  private  owners,  lauds  for  reservoirs  for  the  storage  of  need- 
ful waters,  and  all  necessary  appurtenances,  and  also  w^here  necessary 
or  convenient  to  said  ends  to  acquire  and  hold  the  stock  of  other  corpo- 
rations domestic  or  foreign  owning  waters,  canals,  waterworks,  fran- 
chises, concessions  or  rights.  Said  board  may  also  acquire,  own  and 
manage  such  canals,  reservoirs  and  other  works  jointly  with  other  irri- 
gation districts  and  irrigation  corporations  and  may  acquire  the  right  to 
carry  water  through  the  canals  of  other  irrigation  districts  and  corpora- 
tions, and  may  likewise  grant  the  right  to  carry  water  through  canals 
owned  by  it  to  other  irrigation  districts  and  irrigation  corjiorations  in 
this  or  adjoining  states.  [Amendment  approved  May  19,  1917;  Stats. 
1917,  p.  756.] 

§  15a.  Limit  on  purchase.  Petition  of  owners.  No  purchase  or  lease 
of  any  waters,  or  water  rights,  or  canals,  or  reservoirs,  or  reservoir  sites, 
or  irrigation  works,  or  other  property  of  any  nature  or  kind,  or  stock  in 
any  other  corporation,  for  any  price,  aggregate  rental  or  consideration, 
or  exchange  of  bonds  at  par,  in  excess  of  ten  thousand  dollars,  in  any 
district  whose  area  does  not  exceed  fifty  thousand  acres,  or  in  excess  of 
fifty  thousand  dollars  in  any  district  whose  area  is  over  fifty  thousand 
acres,  and  not  more  than  two  hundred  thousand  acres,  nor  in  excess  of 
one  hundred  thousand  acres,  shall  be  final  or  binding  on  the  district, 
nor  shall  the  purchase  price,  rental  or  consideration  or  any  part  thereof, 
be  paid  or  rendered  until  a  petition  of  a  majority  of  the  holders  of  title, 
or  evidence  of  title,  and  of  possessory  rights  as  aforesaid  to  lands  within 
the  district,  such  holders  of  title,  or  evidence  of  title,  and  of  possessory 
rights  representing  a  majority  in  value  of  said  land,  according  to  the  last 
equalized  assessment-roll  of  the  district,  if  such  has  theretofore  been 
made,  and  if  such  has  not  been  made,  then  according  to  the  equalized 
county  assessment-roll  covering  lands  of  such   district,   shall   have  been 


Act  1726,  §§  15b-15d         general  laws.  906 

filed  with  the  board  and  an  order  of  the  board  made  thereon  confirming 
such  purchase,  or  until  a  petition  shall  be  presented  to  said  board  of 
directors,  signed  by  not  less  than  five  hundred  petitioners,  each  peti- 
tioner to  be  an  elector  in  the  district  or  to  be  some  person,  corporation, 
association  or  partnership,  holder  of  title  to  lands  in  said  district  or  evi- 
dence of  title  to  land  in  said  district,  including  the  holders  of  possessory 
rights  under  receipts  or  other  evidence  of  the  rights  of  entrymen  or  pur- 
chasers under  any  law  of  the  United  States  or  of  this  state,  said  peti- 
tioners to  include  the  owners  of  not  less  than  twenty  per  cent  in  value 
of  the  land  within  said  district  according  to  the  equalized  county  assess- 
ment-roll or  rolls  for  the  year  last  preceding,  and  an  order  of  the  board 
made  thereon  confirming  said  purchase;  provided,  that  such  petition  shall 
not  be  required  where  the  property  to  be  purchased  or  the  lease  was 
specified  in  the  plans  approved  by  the  irrigation  district  bond  commission 
and  adopted  by  the  board  of  directors  as  provided  in  section  thirty  of 
this  act,  or  was  among  the  purposes  specified  for  any  bond  issue  author- 
ized by  vote  of  the  electors  of  said  district.  [New  section  added  May 
19,  1917;  Stats.  1917,  p.  7-57. 

§  15b.  Dams.  Conveyances.  The  board  of  directors  of  any  irriga- 
tion district  may  also  construct  the  necessary  dams,  reservoirs,  and  works 
for  the  collection  of  water  for  said  district,  and  do  any  and  every  law- 
ful act  necessary  to  be  done,  that  sufficient  water  may  be  furnished  to 
each  land  owner  in  said  district-  for  irrigation  and  domestic  purposes; 
provided,  that  where,  within  irrigation  districts  mutual  water  companies 
have  been  organized  to  furnish  water  to  certain  specified  lands  within 
said  districts,  the  board  of  directors  of  such  districts  are  hereby  author- 
ized and  empowered  to  contract  for  the  delivery  of  water  for  such  lands 
as  lie  within  the  boundary  of  said  water  companies,  through  said  mutual 
water  companies  only.  The  said  board  is  hereby  authorized  and  em- 
powered to  take  conveyances,  leases,  contracts  or  other  assurances  for 
all  property  acquired  by  it  under  the  provisions  of  this  act,  in  the  name 
of  such  irrigation  district,  to  and  for  the  uses  and  purposes  herein  ex- 
pressed, and  to  institute  and  maintain  any  and  all  actions  and  proceed- 
ings, suits  at  law  and  in  equity  necessary  or  proper  in  order  to  fully 
carry  out  the  provisions  of  this  act,  or  to  enforce,  maintain,  protect 
or  preserve  any  and  all  rights,  privileges  and  immunities  created  by  this 
act,  or  acquired  in  pursuance  thereof.  And  in  all  courts,  actions,  suits 
or  proceedings,  the  said  board  may  sue,  appear  and  defend  in  person  or 
by  attorneys,  and  in  the  name  ofsucli  irrigation  district.  '  ^^  -,«^^:«« 
added  May  19,  1917;  Stats.   Iill7,   p.  7.-.S.] 

§15c.  Rules  for  use  of  water,  it  sliall  be  the  duty  of  the  board  of 
directors  of  auv  irrigation  distiirt  to  establish  equitable  by-laws,  rules 
and  regulations  for  the  distribution  ;hh1  use  (if  uatcr  among  the  owners 
of  said  lands,  which  must  be  print. 'd  in  ,M.n  vonicnt  fmn.  for  .listnbution 
in  the  district.  Said  board  shall  l::iv,>  power  generally  to  perform  all 
sn.-h  'icta  -IS  shall  b<'  ne<-ess;.rv  to  fully  carry  out  the  purposes  of  this 
,„.t.     '|\,.vv   section   n.ldcd    Mi.y    19,    1917;    Stat^.    1917.    p.    7r.S.  j 

8  15d  Change  election  precincts.  Lease  canals.  The  boar.1  of  direc- 
tors,  when   tlicy    -I.-m,    it    advisable    for   the   best   interests   of   the   district, 


New  section 


^^^  iRRKiATiON.  Act  1726,  §§  15y2-19a 

and  the  (Mmveiiieiice  of  the  oloctors  thereof,  may  at  any  time,  but  not 
less  than  sixty  days  before  an  election  to  be  held  in  the  district,  change 
the  boundaries  of  the  divisions  or  election  precincts  of  the  district  or 
of  both;  provided,  such  changes  shall  be  made  to  keep  each  division 
as  nearly  equal  in  area  and  population  as  may  be  practicable.  Such 
change  of  boundaries  of  the  divisions  and  precincts  must  be  shown  on 
the  minutes  of  the  board.  The  board  of  directors  of  any  irrigation 
district  now  or  that  may  hereafter  be  organized  in  the  state,  shall  also 
have  the  power,  and  such  board  is  hereby  vested  with  the  authority, 
to  lease  the  system  of  canals  and  works  in  the  district,  or  any  part 
thereof,  whenever  such  leasing  may  be  for  the  benefit  of  the  district; 
provided,  that  when  the  directors  of  any  irrigation  district  contemplate 
the  leasing  of  the  canals  and  works  of  such  district,  they  shall  give 
notice  of  such  contemplation  by  publishing  the  same  in  some  newspaper 
published  in  the  county  in  which  such  irrigation  district  lies,  at  least 
three  weeks  prior  to  the  making  of  the  lease,  and  such  lease  shall  be 
made  to  the  highest  bidder.  But  such  board  shall  have  the  right  to 
reject  any  and  all  bids.  Such  lease  shall  in  no  way  interfere  with  any. 
rights  that  may  have  been  established  by  law,  at  the  time  such  lease 
is  made;  and,  further  provided,  that  the  board  of  directors  shall  require 
a  good  and  sufficient  bond  to  secure  faithful  performance  of  the  lease 
by  the  lessees. 

Note. — Section  15%  of  the  act  was  renumbered  as  §  15d  and  amended 
May  19,  1917;   Stats.   1917,  p.   758. 

§151/2.      [See  §  15d  and  note.] 

§  16.  Condemnation  proceedings.  In  case  of  condemnation  proceed- 
ings the  board  shall  proceed,  in  the  name  of  the  district,  under  the 
provisions  of  title  seven,  part  three  of  the  Code  of  Civil  Procedure  of 
the  state  of  California,  and  all  pleadings,  proceedings,  and  process  in 
said  title  provided  shall  be  applicable  to  the  condemnation  proceedings 
hereunder.     [Amendment   approved   May    19,   1917;   Stats.   1917,  p.   7.59.] 

§  19.  Irrigation  district  officers  to  be  elected.  An  election,  which  shall 
be  known  as  the  geueral  irrigation  district  election,  shall  be  held,  in 
each  irrigation  district  on  the  first  Wednesday  in  February  in  each  odd- 
numbered  year,  at  which  a  successor  shall  be  chosen  to  each  officer  whose 
term  shall  expire  in  March  next  thereafter.  The  person  receiving  the 
highest  number  of  votes  for  each  office  to  be  filled  at  such  election  shall 
be  elected  thereto.  The  elective  officers  of  an  irrigation  district  shall 
be  as  many  directors  as  there  are  divisions  in  the  district,  and  an 
assessor,  a  collector  and  a  treasurer;  provided,  that  if  any  two  or  more 
offices  shall  have  been  consolidated  as  provided  in  section  seven  or  sec- 
tion twenty-seven  hereof,  only  one  person  shall  be  elected  to  fill  such 
consoliflated  offices.  The  term  of  office  of  each  elective  officer  of  an 
irrigation  district  elected  at  or  after  the  general  irrigation  district 
election  in  one  thousand  nine  hundred  nineteen  shall  be  four  years,  or 
until  his  successor  is  elected  and  has  qualified.  [Amendment  approved 
May  19,   1917;   Stats.   1917,  p.   759.] 

§  19a.  Official  bonds.  Within  ten  days  after  receiving  their  certifi- 
cates  of   election   hereinafter   provided    for,   said    officers   shall    take    and 


Act  1726,  §§  191j,  20  general  laws.  908 

subscribe  the  official  oatli,  and  file  the  same  in  the  office  of  the  board 
of  directors,  and  execute  the  bond  hereinafter  provided  for.  The  asses- 
sor shall  execute  an  official  bond  in  the  sum  of  five  thousand  dollars,  and 
the  collector  an  official  bond  in  the  sum  of  twenty  thousand  dollars, 
and  the  district  treasurer  an  official  bond  in  the  sum  of  fifty  thousand 
dollars;  each  of  said  bonds  to  be  approved  by  the  board  of  directors; 
provided,  that  the  board  of  directors  may,  if  it  shall  be  deemed  advis- 
able, fix  the  bonds  of  the  treasurer  and  collector,  respectively,  to  suit 
the  conditions  of  the  district,  the  maximum  amount  of  the  treasurer's 
bond  not  to  exceed  fifty  thousand  dollars,  and  the  minumum  amount 
thereof  not  to  be  less  than  ten  thousand  dollars;  and  the  maximum 
amount  of  the  collector's  bond  not  to  exceed  twenty  thousand  dollars, 
and  the  .minimum  amount  of  the  collector's  bond  not  to  be  less  than 
five  thousand  dollars.  Each  member  of  said  board  of  directors  shall 
execute  an  official  bond  in  the  sum  of  five  thousand  dollars,  which  said 
bonds  shall  be  approved  by  the  judge  of  the  superior  court  of  said 
county  where  such  organization  was  effected,  and  shall  be  recorded  in 
the  office  of  the  county  recorder  thereof,  and  filed  with  the  secretary 
of  said  board.  All  official  bonds  herein  provided  for  shall  be  in  the  form 
prescribed  by  law  for  the  official  bonds  of  county  officers  and  the  pre- 
miums thereon  may  be  paid  by  the  district;  provided,  that  in  case  any 
district  organized  under  this  title  is  appointed  fiscal  agent  of  the  United 
States  or  by  the  United  States  in  connection  with  any  federal  reclama- 
tion project,  each  of  said  officers  shall  execute  a  further  and  additional 
official  bond  in  such  sum  as  the  secretary  of  the  interior  may  require, 
conditioned  for  the  faithful  discharge  of  the  duties  of  his  office  and  the 
faithful  discharge  by  the  district  of  its  duties  as  fiscal  or  other  agent 
of  the  United  States  under  any  such  appointment  or  authorization,  and 
any  such  bond  may  be  sued  upon  by  the  United  States  or  any  person 
injured  by  the  failure  of  such  officer  or  the  district  to  fully,  promptly 
and  completely  perform  their  respective  duties.  [New  section  added 
May  19,  1917;"  Stats  1917,  p.  700.] 

§  19b.     If  election  be  not  held.     Tf  an  election  is  not  held  as  herein 

provided,  then  ujion  tlio  filing  of  a  jietition  with  the  secretary  of  the 
board  of  directors  of  such  district,  signed  by  ten  per  cent  of  the  electors 
resi<ling  within  the  boundaries  of  any  such  irrigation  district,  request- 
ing that  a  special  election  be  called  for  the  election  of  such  officers, 
the  directors  of  such  district  shall  thereupon  call  a  special  election 
thereof  for  the  election  of  such  officers,  such  election  to  be  held  within 
not  less  than  fifteen,  nor  more  than  thirty  days  after  the  filing  of  such 
petition.      [New  section   add.Ml    .M;iy    19.    1917;   Sti.ts.   1917,  p.   7()0.] 

§20.  Beginning  of  term.  Organization.  At  noon  of  \\w  first  Tuesday 
in  March  next  following  their  election,  except  as  jiKividcil  in  section 
fourteen  of  this  act,  the  officers  who  shall  have  been  fleeted  at  the  pre- 
ceding general  irrigation  district  election  shall  enter  u|)(in  the  duties  of 
their  respeftiv(>  olTices.  On  the  first  Tuesday  in  March  next  following 
eacii  eh'ctiiin,  the  direi'tors  shall  meet  and  organize  as  a  board,  elect  a 
jiresiih'nt  and   a|i|i(iiiil    a   secietaiy,   who   shall  each  h(dd    ofTiro   during  the 

jileasure    of    the    JM/anl.      |A ndinenl     a|i[)roved    May     19,     1917;    Stats, 

1917,  p.   7(11. J 


900  IRRIGATION.  Act  1726,  §§  2fi-30a 

§26.  Qualification  of  director.  A  diiCL'tor  shull  be  a  resident  aud 
freeholder  of  the  irrigation  district  and  a  resident  of  the  division  which 
he  is  elected  to  represent.  |  Amendment  a]>]iroved  May  19.  1917;  Stats. 
1917,  p.  761. 1 

§28.  Number  of  directors,  in  any  district  the  board  of  directors 
thereof  must  upon  a  presentation  of  the  petition  therefor,  by  a  majority 
of  the  holders  of  title,  or  evidence  of  title,  of  said  district,  evidenced 
as  above  provided,  order  that  on  and  after  the  next  ensuing  general 
election  for  the  district,  there  shall  be  either  three  or  five  directors. 
I  Amendment  approved  May  19,  1917;  Stats.  1917,  p.  761.] 

§  30.  Estimate  of  money  needed  for  improvements.  For  the  purpose 
of  constructing  or  purchasing  necessary  irrigation  canals  and  works,  and 
acquiring  the  necessary  proj^erty  and  rights  therefor,  and  for  the  purpose 
of  acquiring  waters,  water  rights,  reservoirs,  reservoir  sites,  and  other 
property  necessary  for  the  purposes  of  said  district,  and  otherwise  carry- 
ing out  the  provisions  of  this  act,  the  board  of  directors  of  any  such 
district  must,  as  soon  after  such  district  has  been  organized  as  may  be 
practicable,  and  also  whenever  thereafter  the  board  of  directors  shall 
find  that  the  construction  fund  raised  by  the  last  previous  bond  issue  is 
insufficient,  or  that  the  constrnction  fund  has  been  exhausted  by  expen- 
ditures herein  authorized  therefrom  and  it  is  necessary  to  raise  additional 
money  for  said  purposes,  estimate  and  determine  the  amount  of  money 
necessary  to  be  raised.  For  the  purpose  of  ascertaining  the  amount  of 
money  necessary  to  be  raised  for  such  purposes,  or  any  of  them,  said 
board  shall  cause  such  surveys,  examinations,  drawings  and  plans  to  be 
made  as  shall  furnish  the  proper  basis  for  the  said  estimate.  All  such 
surveys,  examinations,  drawings  and  plans,  and  the  estimate  of  cost 
based  thereon  shall  be  made  under  the  direction  of  a  competent  irriga- 
tion engineer  and  shall  be  certified  by  him.  [Amendment  approved  May 
19,  1917;  Stats.  1917,  p.  761.] 

§  30a.  Report  submitted  to  commission.  The  board  of  directors  shall 
then  submit  a  copy  of  the  said  engineer's  report  to  the  commission 
authorized  by  law  to  approve  bonds  of  irrigation  districts  for  certifica- 
tion as  legal  investments  for  savings  banks  and  for  the  other  purposes 
specified  in  the  act  creating  said  commission.  Said  commission  shall 
forthwith  examine  said  report  and  any  data  in  its  possession  or  in  the 
])ossession  of  said  district  and  shall  make  such  additional  surveys  and 
examinations  at  the  expense  of  the  district  as  it  may  deem  proper  or 
practicable,  and  as  soon  as  practicable  thereafter  shall  make  to  the 
board  of  directors  of  said  district  a  report  which  shall  contain  such 
matters  as,  in  the  judgment  of  the  said  commission,  may  be  desirable; 
pi'ovided,  that  it  may  state  generally  the  conclusions  of  said  commission 
regarding  the  supply  of  water  available  for  the  project,  the  nature  of 
the  soil  proposed  to  be  irrigated  as  to  its  fertility  and  susceptibility  to 
irrigation,  the  probable  amount  of  water  needed  for  its  irrigation  and 
the  probable  need  of  drainage,  the  cost  of  works,  water  rights  and  other 
property  necessary  for  a  complete  and  satisfactory  project,  and  whether 
in  its  opinion  it  is  advisable  to  proceed  with  the  proposed  bond  issue. 
[New  section  added  May  19,  1917;  Stats.  1917,  p.   762.] 


Act  1726,  §§  30b-30d        gknekal  laws.  910 

§  30b.  Report  to  board  of  directors.  Order  of  amount  of  bonds.  If 
after  such  examination  and  investigation  the  said  (-'onimissiou  shail  deem 
it  advisable  that  the  said  plans  be  modified  or  that  the  amount  of  the 
bonds  proposed  to  be  issued  be  changed,  or  that  under  such  conditions  as 
the  said  commission  shall  prescribe  such  project  or  plan  or  works  seems 
likely  to  prove  feasible,  or  that  in  its  opinion  it  is  not  advisable  to 
proceed  with  the  proposed  bond  issue,  it  shall  so  report  to  the  board  of 
directors  of  the  district  in  writing.  After  receiving  the  said  report, 
said  board  of  directors,  if  it  shall  determine  and  shall  declare  by  resolu- 
tion that  the  proposed  plan  of  works  is  satisfactory  and  that  the  said 
project  is  feasible,  shall  make  an  order  determining  the  amount  of  bonds 
that  should  be  issued  in  ordei-  to  raise  the  money  necessary  therefor; 
and  provided,  further,  that  if  any  district  shall  issue  bonds  to  carry 
out  any  plans  approved  by  said  irrigation  district  bond  commission  as 
herein  provided  it  shall  be  unlawful  for  said  district  to  make  any  ma- 
terial change  in  said  plans  thereafter  without  the  consent  of  said  com- 
mission.     [New  section  added  May   19,  1917;   Stats.   1917,  p.   762.] 

§  30c.  Special  election.  Thereafter  said  board  when  petitioned  by  a 
majority  of  the  holders  of  title,  or  evidence  of  title,  and  of  possessory 
rights  to  lands  within  the  district,  such  holders  of  title,  or  evidence  of 
title,  and  of  such  possessory  rights  representing  a  majority  in  value  of 
said  lands  according  to  the  equalized  assessment-roll  of  the  district,  if 
such  has  theretofore  been  made,  and,  if  such  has  not  been  made,  then 
according  to  the  equalized  county  assessment-roli  covering  the  lands  in 
such  district,  or  when  petitioned  by  not  less  than  five  hundred  petition- 
ers, each  petition  to  the  number  of  at  least  five  hundred  to  be  an  elector 
in  the  district,  or  to  be  some  person,  corporation,  association  or  partner- 
ship, the  holder  of  title  to  land  in  the  district  or  of  evidence  of  title 
to  land  in  said  district,  and  which  said  petitioners  signing  said  petition 
shall  include  the  owners  of  not  less  than  twenty  per  cent  in  value  of 
the  land  within  the  irrigation  district,  according  to  the  equalized'  county 
assessment-roll  or  rolls  for  the  year  last  preceding,  shall  immediately  call 
a  special  election,  at  which  shall  be  submitted  to  the  electors  of  such 
district  possessing  the  qualifications  prescribed  by  this  act,  the  question 
whether  or  not  the  bonds  of  said  district  in  the  amount  as  sot  forth  in 
said  petition  shall  be  issued.  [New  section  added  May,  1917;  Stats.  1917, 
]K  7(32. 1 

§  30d.  Notice.  Notice  of  such  election  must  be  given  by  posting 
notices  in  three  public  places  in  each  election  precinct  in  said  district 
for  at  least  twenty  days  and  also  by  publication  of  such  notice  in  some 
newspaper  pn1)lished  in  the  county  where  the  office  of  the  board  of 
directors  of  sucli  district  is  required  to  be  kept,  once  a  week  for  at  least 
three  successive  weeks.  Such  notices  must  specify  the  time  of  holding 
the  election,  the  amount  of  bonds  proposed  to  be  issued;  and  said  elec- 
tion must  he  held  ;nid  llif  result  .thereof  determined  and  declared  in 
all  respects  as  ne!nl\-  ;is  |ir;icti<'al)i('  in  confonnitx'  with  the  provisions 
of  this  act  governing  the  I'lcction  oi'  ol'lircrs;  pi'o\  idcil.  that  no  informal- 
ities in  conducting  such  an  election  shnll  i  n\  ;i  lid.itc  the  same  if  the 
election  shnli  liavc  Ix'cn  ollicrwisc  fairly  coihIih-I  cd.  |  New  section 
added    Mav    19,    1917;   Stats.    1917,    |..   7(12.  | 


911  iKuiUATiuN.  Act  1726,  §§  30e-35 

§30e.  Questions  on  ballot.  Ballots.  At  said  election  questions  as  to 
the  issuance  of  bonds  may  be  submitted  separately  on  the  same  ballot 
if  estimates  of  the  cost  of  the  respective  projects  have  been  made  and 
the  irrigation  district  bond  commission  has  reported  thereon  and  the 
aforesaid  petition  has  requested  that  said  questions  be  so  submitted  and 
the  respective  propositions  have  been  stated  in  the  notices  of  the  elec- 
tion. At  such  election  the  ballots  shall  contain  a  general  statement  of 
the  proposition  or  propositions  to  be  voted  on,  including  the  amount 
of  bonds  jjroposed  to  be  issued  for  each  purpose,  but  no  informality  in 
such  statement  shall  vitiate  the  election.  Each  proposition  shall  be  fol- 
lowed by  the  words  "Yes"  and  "No,",  on  separate  lines,  with  a  «mall 
inclosed  space  after  each  of  said  words.  The  electors  shall  vote  for  or 
against  any  proposition  by  stamping  a  cross  (X)  in  the  voting  space 
after  the  word  "Yes"  or  "No"  respectively.  On  the  ballot  shall  be 
printed  the  following  under  the  heading  "Instructions  to  voters":  "To 
vote  for  a  proposition,  stamp  a  cross  (X)  in  the  voting  space  after  the 
word  'Yes'  following  the  proposition.  To  vote  against  a  proposition, 
stamp  a  cross  (X)  in  the  voting  space  after  the  word  'No'  following  the 
proposition."  If  a  majority  of  the  votes  cast  for  and  against  any  prop- 
osition are  for  "Yes,"  the  .board  of  directors  shall  cause  bonds  in  the 
amount  specified  in  such  proposition  to  be  issued;  if  a  majority  of  the 
votes  cast  for  and  against  any  proposition  are  for  "No,"  the  result  of 
the  vote  on  such  proposition  shall  be  so  declared  and  entered  of  record. 
Whenever  thereafter  a  petition  of  the  character  hereinbefore  provided 
for  in  this  section  is  presented  to  the  board,  it  shall  so  declare  of  record 
in  its  minutes  and  shall  thereupon  submit  such  questions  to  said  electors 
in  the  same  manner  and  with  like  effect  as  at  such  previous  election. 
[New  section  added  May   19.   1917;   Stats.  1917.  p.   763.] 

§  32a.  Date  payable.  When  bonds  are  issued  bearing  date  other  than 
January  first  or  July  first,  it  shall  be  lawful  to  make  such  bonds  payable 
upon  the  first  day  of  January  or  first  day  of  July  nearest  the  date  when 
the  same  would  be  payable  under  the  provisions  of  section  thirty-one  of 
this  act,  or  to  make  the  last  interest  coupon  payable  upon  the  date  when 
the  principal  of  said  bond  is  payable.  [New  section  added  May  19,  1917; 
Stats.  1917,  p.  764.] 

§  33.  Paid  by  annual  assessment.  Said  bonds  and  the  interest  thereon 
shall  be  paid  from  revenue  derived  from  an  annual  assessment  upon  the 
land  within  the  district;  and  all  the  land  within  the  district  shall  be 
and  remain  liable  to  be  assessed  for  such  payments  as  hereinafter  pro- 
vided,    [Amendment  approved  May  19,   1917;   Stats.  1917,  p.   764.] 

§  35.  Duty  of  assessor.  The  assessor  must,  between  the  first  Monday 
in  March  and  the  first  Monday  in  June,  in  each  year,  assess  all  real 
estate  in  the  district,  to  the  persons  who  own,  claim  or  have  possession 
or  control  thereof,  at  its  full  cash  value,  as  follows:  He  must  prepare  an 
assessment-book,  with  appropriate  headings,  in  which  must  be  listed  all 
such  property  within  the  district,  in  which  must  be  specified,  in  separate 
columns,  under  the  appropriate  head:  (1)  the  name  of  the  person  to  whom 
the  property  is  assessed,  if  the  name  is  not  known  to  the  assessor,  the 
property  shall  be  assessed  to  "unknown  owners";   (2)   land  by  township, 


Act  1726,  §§  39-39b  general  laws.  912 

range,  section  or  fractional  section,  and  when  such  laud  is  not  congres- 
sional division  or  subdivision,  by  metes  and  bounds,  or  other  description 
sufficient  to  identify  it,  giving  an  estimate  of  the  number  of  acres  and 
localty;  (3)  city  and  town  lots,  naming  the  city  or  town  and  the  number 
and  block,  according  to  the  system  of  numbering  in  such  city  or  town; 
(4)  the  cash  value  of  real  estate,  other  than  city  or  town  lots;  (5)  the 
cash  value  of  city  and  town  lots;  (6)  the  total  value  of  all  property 
assessed;  (7)  the  total  value  of  all  property  after  equalization  by  the 
board  of  directors;  (8)  such  other  things  as  the  board  of  directors  may 
require.  Improvements  on  any  lands  or  town  lots  within  such  districts 
shall  be  exempt  from  taxation  for  any  of  the  purposes  mentioned  in  this 
act.  Any  property  which  may  have  escaped  the  payment  of  any  assess- 
ment for  any  year,  shall,  in  addition  to  the  assessment  for  the  then 
current  year,  be  assessed  for  such  year  with  the  same  effect  and  with 
the  same  penalties  as  are  provided  for  in  such  current  year.  The  term 
improvements  as  used  in  this  section  includes  trees,  vines,  alfalfa  and 
all  growing  crops  and  all  buildings  and  structures  of  whatever  class  or 
description  erected  or  being  erected  upon  said  lands  or  city  or  town  lots. 
[Amendment  approved  May  19,  1917;  Stats.  1917,  p.  764.] 

§  39.  Assessment  for  interest.  The  board  of  directors  shall  then, 
within  fifteen  days  after  the  close  of  its  session  as  a  board  of  equalization, 
levy  an  assessment  upon  the  lands  within  the  district  in  an  amount  suffi- 
cient to  raise  the  interest  due  or  that  will  become  due  on  all  outstanling 
bonds  of  the  district  on  the  first  day  of  the  next  ensuing  January -and 
the  first  day  of  the  next  ensuing  Julj^,  or  that  the  board  of  directors  be- 
lieves will  become  due  on  either  or  both  of  said  dates,  on  bonds  author- 
ized but  not  sold;  also  sufficient  to  pay  the  principal  of  all  bonds  of  the 
district  that  have  matured  or  that  will  mature  before  the  close  of  the 
next  ensuing  calendar  year;  also  sufficient  to  pay  in  full  all  sums  due 
or  that  will  become  due  from  the  district  before  the  time  for  levying 
the  next  annual  assessment,  on  account  of  rentals,  or  charges  for  lands, 
water  rights  acquired  by  said  district  under  lease  or  contract;  also  suffi- 
cient to  pay  in  full  the  amount  of  all  unpaid  warrants  of  the  district 
issued  in  accordance  with  this  act  and  the  amount  of  any  other  contracts 
or  obligation  of  the  district  which  shall  have  been  reduced  to  judgment; 
also  sufficient  to  raise  such  amount  not  exceeding  two  per  centum  of  the 
aggregate  value  of  the  lands  within  the  district  according  to  the  latest 
duly  equalized  assessment-roll  thereof,  as  the  board  of  directors  shall 
determine  may  be  needed  to  be  raised  by  assessment  for  the  general 
exjx'nses  of  the  district  during  the  next  ensuing  calendar  year.  |  Amend- 
tnciit    approved   May    lil,   1917;   Stats.    1917,  ]..   7(1.1.  | 

§  39a.  Duty  of  secretary.  The  secretary  of  the  board  must  comi)ute 
ami  enter  in  a  separate  coluinii  of  the  assessment-book  the  respective 
sums  iu  dollars  and  cents  to  be  paid  as  an  assessment  on  the  property 
therein  enumerated.  When  collected,  llie  assessment  slial]  be  2>aid  into 
the  district  treasury  and  be  apportioned  to  tlie  se\eral  proper  funds. 
[New  section  added  May  19,  1917;  Stats.   1917,  |i.  7(i.').  | 

§  39b.     Neglect  to  make  assessment.     Neglect  of  collector.     If  as  tlie 

result    of    the    neglei-t    or   refusal    of    the    boiird    iif    ilirectoi's    to   cause   such 


i)]-A  IKRKIATJON.  Act  ]72(),  S  -ji^C 

assessment  and  levies  to  be  made  as  in  this  act  provided,  then  tlie  duly 
equalized  assessment  made  by  the  county  assessor  of  the  county  or  each 
of  the  respective  counties  in  which  the  district  is  situated  shall  be  the 
basis  of  assessment  for  the  district,  and  the  board  of  supervisors  of  the 
county  in  which  the  office  of  the  board  of  directors  of  said  district  is 
situated  shall  cause  an  assessment-roll  of  said  district  to  be  prepared, 
and  shall  make  the  levy  required  by  this  act,  in  the  same  manner  and 
with  like  effect  as  if  the  same  had  been  made  by  said  board  of  directors 
and  all  expenses  incident  thereto  shall  be  borne  by  such  district  and 
may  be  collected  by  suit  at  law,  which  shall  be  commenced  by  the  dis- 
trict attorney  of  the  county  whose  board  of  supervisors  caused  said 
assessment-roll  to  be  prepared,  unless  the  amount  of  such  expenses  shall 
be  paid  within  sixty  days  from  the  time  when  proper  demand  shall  have 
been  made  therefor.  In  case  of  the  neglect  or  refusal  of  the  collector  or 
treasurer  of  any  irrigation  district  to  perform  the  duties  imposed  by  law, 
then  the  tax  collector  and  the  treasurer  of  the  county  in  which  the  office 
of  the  board  of  directors  of  such  district  is  situated  must  respectively 
perform  such  duties  and  shall  be  accountable  therefor  upon  their  official 
bonds;  but,  in  case  any  county  tax  collector  shall  collect  any  assessment 
for  any  irrigation  district,  he  shall  pay  the  same  to  the  county  treasurer, 
who  shall  place  such  money  in  special  fund  to  the  credit  of  the  district 
and  shall  disburse  the  same  to  the  proper  persons  for  the  purposes  for 
which  such  assessments  have  been  levied  and  shall  not  pay  any  part 
thereof  to  the  treasurer  of  said  district  until  said  county  treasurer  shall 
be  satisfied  that  all  of  the  valid  obligations  for  which  such  assessments 
were  levied  and  for  which  payment  has  been  demanded  have  been  paid. 
I  New  section  added  May  19,  1917;  Stats.  1917,  p.  765.] 

§  39c.  Duty  of  district  attorney.  It  shall  be  the  duty  of  the  district 
attorney  of  each  county  in  which  the  office  of  any  irrigation  district  is 
located  to  ascertain  each  year  whether  the  duties  relating  to  the  levying 
and  collection  of  assessments,  as  in  this  act  provided,  have  been  per- 
formed, and  if  he  shall  learn  that  the  board  of  directors  or  any  official 
of  any  such  irrigation  district  has  neglected  or  refused  to  perform  any 
such  duty,  said  district  attorney  shall  so  notify  the  board  of  supervisors 
or  the  county  official  required  by  this  act  to  perform  such  duty  in  such 
ease,  and,  unless  such  board  of  supervisors  or  such  county  official  shall 
proceed  to  the  performance  of  such  duty  within  thirty  days  after  the 
receipt  of  such  notice  the  district  attorney  shall  take  such  action  in  court 
as  may  be  necessary  to  compel  the  performance  of  such  duty,  and  said 
district  attorney  shall  give  such  notice  to  other  officials,  and  shall  take 
such  action,  as  may  be  necessary  to  secure  the  performance  in  their 
proper  sequence  of  the  other  duties  relating  to  the  levying  and  collection 
of  assessments,  as  in  this  act  provided,  that  for  the  enforcement  of  the 
levying  and  collection  of  any  assessment  hereafter  required  to  be  levied 
and  collected  for  the  payment  of  any  debt  hereafter  incurred,  in  ease 
complaint  shall  be  made  to  the  attorney  general  of  the  state  of  California 
that  the  district  attorney  of  any  county  has  not  performed  any  duty 
devolving  upon  him  by  the  provisions  of  this  section,  or  that  he  is  not 
proceeding  with  due  tliligence  or  in  the  proper  manner  in  the  perform- 
58 


Act  1726,  §§  39d-39f         general  law.s.  914 

anee  of  auy  such  duty,  the  attorney  general  sh«,ll  make  an  investigation, 
and  if  it  shall  be  found  that  such  charge  or  charges  are  true,  said  attor- 
ney general  shall  take  such  measures  as  may  be  necessary  to  enforce  the 
performance  of  the  duties  relating  to  the  levying  and  collection  of  assess- 
ments, as  in  this  act  provided.  [New  section,  added  May  19,  1917;  Stats. 
1917,  p.  76G.] 

§  39d.  Extension  of  time.  If  as  the  result  of  the  neglect  or  refusal 
of  any  official  or  officials  to  perform  any  duty  relating  to  the  levying 
and  collection  of  assessments,  as  in  this  act  provided,  it  shall  be  im- 
possible for  such  duty  to  be  performed  within  the  time  required  and 
such  duty  shall  subsequently  be  performed,  then  the  time  within  which 
all  duties  consequent  upon  the  performance  of  such  duty  shall  be  per- 
formed shall  be  extended  so  as  to  allow  the  elapsing  of  the  intervals 
required  by  this  act  to  elapse  between  the  performance  of  such  duties, 
and  the  assessments  herein  provided  for  shall  not  become  delinquent  for 
at  least  thirty  days  after  the  first  publication  of  the  notice  that  such 
assessments  are  due  and  payable,  as  provided  in  section  forty-one  of  this 
act.      [New  section  added  May  19,  1917;  Stats.  1917,  p.  767.] 

§  39e.  Assessment  of  land  omitted.  In  the  event  any  land  within 
said  district  subject  to  assessment  for  the  purposes  of  the  district  has 
not  been  assessed  by  the  county  assessor  or  does  not  appear  upon  the 
county  assessment-roll  adopted  by  said  board  of  supervisors  as  the  basis 
of  assessment  for  the  district,  the  land  so  omitted  belonging  to  any  per- 
son, association,  corporation,  or  municipality  shall  be  forthwith  assessed 
by  the  county  assessor  upon  an  order  of  the  board  of  supervisors  and  a 
description  of  the  property  so  omitted  shall  be  written  in  the  roll  pre- 
pared for  the  purpose  of  district  assessments.  In  such  case,  before  any 
assessment  is  levied,  the  board  of  supervisors  must  meet  and  equalize 
said  assessment  with  that  of  the  assessment  of  other  lands  in  said  dis- 
trict. The  same  notice  shall  be  given  by  the  board  of  supervisors  of 
such  meeting  for  the  purpose  of  equalizing  the  assessment  to  be  made  as 
herein  directed  as  is  provided  in  this  act  to  be  given  by  the  board  of 
directors  of  an  irrigation  district  when  the  said  board  is  to  meet  for 
tlie  purpose  of  equalizing  assessments.  All  the  powers  and  duties  re- 
specting the  collection  of  all  assessment  on  possession  of,  claim  to,  or 
riglit  to  the  possession  of  land  now  provided  in  sections  three  thousand 
eight  liundred  twenty,  three  thousand  eight  hundred  twenty-one,  three 
thousand  eight  liundred  twenty-two,  three  thousand  eight  hundred 
twenty-three,  three  thousand  eight  hundred  twenty-four,  three  tliousand 
eight  hundred  tweijty-five  and  three  thousand  eight  hundred  twenty-nine 
of  the  Political  Code,  as  regards  county  assessors  shall  apply,  so  far  as 
applicable  to  irrigation  district  assessors.  [New  section  added  May  19, 
1917;  Stats.  1917,  p.  767.] 

§  39f .  Unpaid  tolls  part  of  assessment.  Wlienover  any  tolls  and 
charges  for  the  use  of  water  liavc  been  fixed  by  the  board  of  directors, 
it  shall  be  lawful  to  make  the  same  jiayablc  in  advance,  and  in  case  any 
such  tolls  or  charges  remain  unpaid  at  the  time  hereinbefore  specified 
for   levying   the   annual    assessment   the   amount   due  for   such   tolls   and 


1)15  iKKiGATioN.  Act  1726,  v5§  4U-Glb 

charges  may  be  added  to  aud  become  a  part  of  the  assessment  levied 
upon  the  laud  upon  which  the  water  for  which  such  tolls  or  charges  are 
uupaid  was  used.      [New  section  added  May  19,  1917;  Stats.  1917,  p.  768.] 

§40.  Assessment  lien,  when.  The  assessment  upon  land  is  a  lien 
against  the  property  assessed  from  and  after  the  first  Monday  in  March 
for  any  year.      [Amendment  approved  May  19,  1917;  Stats.  1917,  p.  7G8.] 

§  53a.  Investigations  by  state  engineer.  During  the  construction  of 
any  irrigation  works  to  be  paid  for  out  of  the  proceeds  of  any  bond  issue 
which  has  been  certified  by  the  state  irrigation  district  bond  commission 
as  provided  in  the  act  creating  said  commission,  the  state  engineer  snail 
have  access  to  all  plans,  specifications,  and  records  of  such  construction, 
and  shall  from  time  to  time  make  such  investigations  and  such  reports 
to  the  board  of  directors  of  the  district  as  he  shall  deem  to  be  in  the 
interest  of  the  public  or  of  the  district.  [New  section  added  May  19, 
J 917;  Stats.  1917,  p.  768.] 

§  59.     Directors  may  call  election  on  question  of  special  assessment. 

The  board  of  directors  may,  at  any  time,  when  in  their  judgment  it  may 
be  deemed  advisable,  call  a  special  election  and  submit  to  the  qualified 
electors  of  the  district  the  question  whether  or  not  a  special  assessment 
shall  be  levied  for  the  purpose  of  raising  money  to  be  applied  to  any  of 
the  purposes  provided  in  this  act.  Such  election  must  be  called  upon 
the  notice  prescribed,  and  the  same  shall  be  held  and  the  result  thereof 
determined  and  declared  in  all  respects  in  conformity  with  "the  provisions 
of  section  thirty  d  of  this  act.  The  notice  must  specify  the  amount  of 
money  proposed  to  be  raised  and  the  purpose  for  which  it  is  intended  to 
be  used.  At  such  elections  the  ballots  shall  contain  the  words  "Assess- 
ment— Yes"  or  'Assessment — No."  If  two-thirds  or  more  of  the  votes 
cast  are  "Assessment — Yes,"  the  board  shall,  at  the  time  of  the  annual 
levy  hereunder,  levy  an  assessment  sufficieflt  to  raise  the  amount  voted; 
provided,  however,  that  in  case  of  an  unexpected  emergency  by  which 
the  flow  of  water  in  the  canal  or  other  supply  is  interrupted,  the  amount 
of  the  indebtedness,  incurred  in  the  repair  of  the  works  of  said  district, 
caused  by  such  interruption,  not  to  exceed  in  any  one  year  forty  thousand 
(40,000)  dollars,  may  also,  in  addition  to  the  assessments  hereinbefore 
provided  for,  be  levied  by  the  adoption  of  a  resolution  by  at  least  four- 
fifths  of  the  members  of  the  board  of  directors,  at  the  time  of  the  levying 
of  the  annual  assessment  provided  for  in  this  act,  without  the  submission 
of  the  question  of  such  levy  to  a  vote,  as  in  this  section  hereinbefore 
provided.     [Amendment  approved    May   19,   1917;   Stats.   1917,  p.   768.] 

§  61b.  Directors  may  purchase  irrigation  works.  The  board  of  direc- 
tors of  irrigation  districts  may  acquire,  by  purchase  or  condemnation,  the 
irrigation  system,  canals  and  works  through  which  lands  in  such  districts 
have  been  or  may  be  supplied  with  water  for  irrigation,  and  may  ex- 
change bonds  of  such  irrigation  district  for  such  system  or  canals  or 
works  or  for  any  portion  thereof,  or  for  any  interest  therein  or  for  the 
capital  stock  of  any  corporation  owning  such  system  or  any  portion 
thereof,  upon  such  terms  and  conditions  as  the  said  board  of  directors 
may  deem  best.  [Amendment  approved  May  19,  1917;  Stats.  1917, 
p.  769.] 


Act  1732b,  §§  3a,  3b  genkral  laws.  910 

§64.  Navigation  and  vested  rights  not  affected.  [Repealed  May  24, 
1917;  Stats.  1917,  p.  915.] 

§  67a.  Unexpended  money.  Whenever  an  object  for  which  money  has 
been  specifically  provided  by  assessment  or  by  bond  issue  has  been  ac- 
complished and  any  money  provided  therefor  remains  unexpended,  the 
same  shall  in  the  discretion  of  the  board  of  directors  be  transferred  to 
the  general  fund  and  thereafter  be  available  for  any  of  the  purposes 
of  this  act.      [Amendment  approved  May   19,   1917;   Stats.   1917,  p.  769.] 

§  112.  Title.  "Irrigation  district."  This  act  may  be  referred  to  in 
any  action,  proceeding  or  legislative  enactment  as  "the  California  irriga- 
tion district  act"  and  whenever  the  words  "irrigation  district"  are  or 
have  been  used  in  any  action  or  proceeding  in  any  court  or  in  any  act 
or  resolution  of  the  legislature  such  words  shall  be  construed  to  mean 
an  irrigation  district  organized  or  existing  under  the  provisions  of  an 
act  of  the  legislature  entitled  "An  act  to  provide  for  the  organization 
and  government  of  irrigation  districts,  and  to  provide  for  the  acquisi- 
tion or  construction  thereby  of  works  for  the  irrigation  of  the  lands 
embraced  within  such  districts  and  also  to  provide  for  the  distribution 
of  water  for  irrigation  purposes,"  approved  March  31,  1897,  or  of  the 
acts  of  which  it  is  supplemental  or  amendatory  or  of  the  acts  supple- 
mental or  amendatory  thereof.  [New  section  added  May  19,  1917;  Stats. 
1917;  p.  769.] 

ACT  1732b.      • 

An  act  relating  to  bonds  of  irrigation  districts,  providing  under  vv^hat 
circumstances  such  bonds  shall  be  legal  investments  for  funds  of 
banks,  insurance  companies  and  trust  companies,  trust  funds,  state 
school  funds  and  any  money  or  funds  which  may  now  or  hereafter 
be  invested  in  bonds  of  ^cities,  cities  and  counties,  counties,  school 
districts  or  municipalities,  and  providing  under  what  circumstances 
the  use  of  bonds  of  irrigation  districts  as  security  for  the  perform- 
ance of  any  act  may  be  authorized. 

[Approved  June  13,  1913.     Stats.  1913,  p.  77S.] 
AiiuMiiled    1915,  p.  692;    1917,   ji.  5S2. 
Till'  ;iiiHMi(lnu'iit  of  1917  follf)vvs: 

§  3a.  Provisions  directory.  Tlie  |>rovisii)iis  of  section  two  of  this  act 
as  to  the  |iiiints  upon  wliicli  said  commission  shall  report  are  directory 
merely  ami  llie  Ijonrd  may  anthorize  such  certification  wlien  in  their 
opinion,  subject  to  the  |)r(i\isi(iMs  otherwise  contained  in  this  act,  their 
(indirigs  justify  sncli  ai-tion.  |  New  seclioii  added  May  17,  1917;  Stats. 
I!)i7,   p.  5S3.| 

§  3b.  No  expenditures  without  consent  of  commission.  Wiienever  the 
bonds  of  any  iiiigalion  distrid  liave  been  certified,  as  provided  in  this 
act,  no  cxiK'nditnre  of  any  l\ind  sliali  \iv  made  from  the  construction 
t'linil  (i\'  smh  district  without  tiie  consent  ol'  the  comjnission  i)rovided  for 
in  this  act  and  no  obligation  siiall  be  incurred  chargeable  against  such 
fund    without   previous   authorization    of   llie    commission    nor    shall   any 


J)  17  IKKKJATION.  Act  17321,  §  1 

expense  of  any  kind  be  incurred  in  excess  of  money  actually  provide  1  l)y 
levy  of  assessment  or  otherwise.  [New  section  added  May  17,  liHT; 
Stats.  1917,  p.  583.] 

ACT  1732i. 

An  act  to  be  known  as  "tlie  California  irrioation  act"  ]>roviding  for  co- 
operation between  the  state  of  California  and  the  United  States  and 
independent  proceedings  in  the  storage  and  diversion  of  water,  the 
distribution  thereof  for  irrigation,  the  manufacture  of  power  and  for 
domestic  purposes;  creating  an  irrigation  board  to  form  water  dis- 
tricts, malte  contracts,  construct  reservoirs,  divert  and  distribute 
,.  water,  generate,  lease  and  sell  electric  cttrrent,  lease  water  power, 
levy  assessments,  issue  bonds  of  water  districts;  providing  for  the 
management,  control  and  supervision  of  such  water  districts  and  of 
the  works  constructed  pursuant  to  this  act;  directing  the  state  de- 
partment of  engineering  relative  to  such  works;  authorizing  irri- 
gation districts  to  reorganize  under  this  act  and  generally  providing 
a  policy  relating  to  storage,  diversion  and  use  of  water,  and  adojit- 
ing  a  plan  for  jiroviding  revenues  therefor. 

[Approved  June  4,  1915.     Stats.  1915,  p.  1173.] 
Amended  1917,  p.  1068. 
The  entire  act  was  amended  in  1917  to  read  as  follows: 

§  1.  Title.  The  title  of  an  act  entitled,  "An  act  to  be  known  as  "the 
California  irrigation  act,'  providing  for  co-operation  between  the  state 
of  California  and  the  United  States  and  independent  proceedings  in  the 
storage  and  diversion  of  water,  the  distribution  thereof  for  irrigation, 
the  manufacture  of  power  and  for  domestic  purposes;  creating  an  irriga- 
tion board  to  form  water  districts,  make  contracts,  construct  reservoirs, 
divert  and  distribute  water,  generate,  lease  and  sell  electric  current, 
lease  water-power,  levy  assessments,  issue  bonds  of  water  districts;  pro- 
viding for  the  management,  control  and  supervision  of  such  water  dis- 
tricts and  of  the  works  constructed  pursuant  to  this  act;  directing  the 
state  department  of  engineering  relative  to  such  works;  authorizing  irri- 
gation districts  to  reorganize  under  this  act  and  generally  providing  a 
policy  relating  to  storage,  diversion  and  use  of  water,  and  adopting  a 
plan  for  providing  revenues  therefor,"  approved  June  4,  1915,  is  hereby 
amended  to  read  as  follows: 

Title.  An  act  to  be  known  as  "the  California  irrigation  act"  provid- 
ing for  co-operation  between  the  state  of  California  and  the  United 
States,  and  independent  proceedings,  in  the  storage  and  diversion  of 
water,  the  distribution  thereof  for  irrigation  and  other  beneficial  uses 
and  purposes,  the  generation  and  manufacture  of  electric  power;  creating 
an  irrigation  board,  and  providing  for  the  formation  of  irrigation  dis- 
tricts and  conservation  districts,  and  the  conversion  of  irrigation  dis- 
tricts, reclamation  districts,  drainage  districts  and  other  political  sub- 
divisions of  the  state  organized  for  the  purpose  of  promoting  irrigation, 
reclamation  and  drainage,  into  irrigation  districts  under  this  act;  and 
empowering  said  irrigation   board   to   make   and   approve   contracts   and 


Act  1732i,  §  1  GENERAL    LAWS.  918 

agreements,  to  construct  reservoirs  and  other  works,  divert,  distribute 
and  sell  water  and  lease  and  sell  water  rights  and  generate,  lease  and 
sell  electric  power,  to  apportion  to  the  constituent  units  of  conservation 
districts  the  water  and  electric  power  to  be  produced  and  generated  by 
conservation  district  works,  to  levy  assessments,  and  issue  bonds  of  irri- 
gation districts  and  conservation  districts;  providing  for  the  manage- 
ment, control  and  supervision  of  such  irrigation  districts  and  conserva- 
tion districts  and  of  the  works  constructed  pursuant  to  this  act;  directing 
the  state  department  of  engineering  relative  to  such  works;  and  gen- 
erally providing  a  policy  relating  to  the  storage,  diversion  and  use  of 
water  and  the  manufacture  or  generation  of  electric  power,  and  adopting 
a  plan  for  providing  revenues  therefor. 

§  1.  Irrigation  board  created.  Oface.  Officers.  Compensation.  Amounts 
paid  by  conservation  district.  There  is  created  a  board  to  be  known  as 
the  "irrigation  board,"  which  shall  consist  of  three  members,  and  shall 
constitute  a  body  corporate  and  politic  for  the  purpose  of  exercising  the 
powers  and  performing  the  acts  herein  mentioned,  and  which  shall  have 
the  power  to  sue  and  to  be  sued.  Within  thirty  days  of  the  date  upon 
which  this  act  takes  effect  the  governor  shall  appoint  the  members  of 
said  board  and  the  members  so  appointed  shall  serve  for  four  years  and 
until  their  successors  have  been  appointed;  provided,  that  the  members 
of  said  board  heretofore  appointed  under  this  section  shall  serve  out 
the  terms  for  which  they  were  appointed.  Their  successors  shall  be 
appointed,  and  all  vacancies  shall  be  filled  by  appointment  in  like  man- 
ner. The  office  of  the  irrigation  board  shall  be  at  the  city  of  Sacra- 
mento; a  branch  office  may  be  maintained  in  the  city  and  county  of  San 
Francisco. 

The  irrigation  board  shall  elect  one  of  its  members  as  president,  and 
shall  employ  a  secretary  and  such  attorneys,  engineers,  superintendents, 
inspectors  and  other  assistants  as  it  may  require,  and  shall  fix  the  terms 
of  their  employment  and  compensation.  Each  member  of  the  irrigation 
board  shall  receive  as  compensation  the  sum  of  ten  dollars  per  day  for 
each  day  employed  by  such  member  in  the  performance  of  duties  under 
this  act,  and  shall  receive  actual  traveling  expenses  while  engaged  in 
such  duties.  All  such  salaries,  compensation  and  expenses  shall  be  pay- 
able out  of  any  funds  under  the  xiontrol  of  the  irrigation  board  applicable 
to  such  payments.  Where  a  conservation  district  has  been  formed,  as 
hereinafter  provided,  the  irrigation  board  shall  apportion  and  certify  to 
f'ach  district  therein  or  component  unit  thereof,  and  to  each  private  cor- 
poration, iiintiiai  ditch  company  and  mutual  water  company  admitted  to 
the  benefits  of  such  conservation  district,  an  amount  for  its  share  of  the 
general  cost  and  expense  of  the  maintenance  am!  operation  of  tiie  irri- 
gation board  in  connection  wit!)  such  district,  or  component  unit,  or  pri- 
vate corporation  or  iniilnal  diti'li  company,  or  mutual  watei-  coni|iaiiy, 
for  the  ensuing  or  ])revious  year,  and  also  sucli  additiona!  anujunts  as  are 
necessary  for  the  purpose  of  defraying  the  cnsl  of  all  administrative, 
engineering  and  otlier  legal  expenses  nccessarv  lor  laying  out  tlie  p!ans 
therefor,  and  sucli  amounts  shall  be  jiai'l  l>y  each  of  sucli  districts,  or 
component  units,  t(»  the  state  treasurer,  and  sliall  lie  deiiositcil  in  a  liind 
to   be   lieirl  and   Jtaid   out   for  the   account    of   said    conserx  atiim    district    in 


919  IRRIGATION.  Actl732i,  §§  2-5 

the  same  niauner  as  hereinafter  provided  for  the  funds  of  said  conserva- 
tion district. 

§  2.  Interest  of  state  in  water  storage  paramount.  It  is  hereby  de- 
clared that  the  state  of  California  lias  a  paramount  interest  in  the  stor- 
age and  diversion  of  water,  the  irrigation  of  land  and  the  production  of 
electric  power;  that  such  storage,  irrigation  and  production  of  electric 
power  will  make  productive  vast  quantities  of  land  that  are  compar- 
atively unproductive  and  will  increase  production,  property  valuations  and 
j>opulation  in  the  state,  make  profitable  the  cultivation  of  small  tracts 
and  promote  subdivision  of  larger  tracts,  and  will  promote  the  welfare 
and  prosperity  of  all  the  people.  The  powers  herein  conferred  upon  the 
irrigation  board  are  hereby  declared  to  be  police  and  regulatory  powers 
and  are  necessary  to  the  accomplishment  of  a  purpose  that  is  indispen- 
sable to  the  public  interests. 

§  3.  Powers.  The  irrigation  board  shall  have  power  to  make,  or  cause 
to  be  made,  examinations  and  surveys,  to  make  or  adopt  plans,  and  esti- 
mate, or  cause  to  be  estimated,  the  cost  of  all  projects  for  the  storage  or 
diversion  of  water  within  the  state  of  California,  the  distribution  of  said 
water,  and  the  generation  of  electric  power  in  connection  with  such 
storage,  and  the  sale  and  distribution  of  such  power,  and  to  make  and 
enter  into  contracts  for  the  construction  and  maintenance  of  works  for 
such  projects  and  the  supervision  and  administration  thereof.  The  irri- 
gation board  shall  also  have  power  to  confer  and  make  agreements  with 
any  authorized  department,  board  or  officer  of  the  United  States  govern- 
ment, or  with  any  irrigation  district,  reclamation  district,  or  drainage 
district,  or  other  political  subdivision  of  the  state  organized  to  promote 
irrigation,  reclamation  or  drainage,  or  with  any  water,  power,  irrigation 
or  other  company,  or  corporation,  or  association,  or  person,  or  persons, 
with  reference  to  such  projects  and  concerning  examinations,  surveys, 
works  and  plans  in  connection  therewith.  Any  plan  finally  approved  by 
the  irrigation  board  (and  when  in  any  case  the  approval  of  any  author- 
ized department,  board  or  officer  of  the  United  States  government  is 
necessary,  it  is  also  approved  by  such  authorized  department,  board  or 
officer)  shall  be  the  official  plan  approved  by  the  state  of  California  and 
authorized  by  it  for  the  project  involved  therein,  but  such  plan  may  be 
modified  or  changed  from  time  to  time  thereafter  in  like  manner  as  origi- 
nally adopted  or  approved. 

§  4.  State  engineering  department  to  make  surveys.  The  state  de- 
partment of  engineering,  or  sueli  engineer  or  engineers  as  may  be 
ai>pointed  by  the  irrigation  board,  shall  make  such  surveys,  examinations, 
reports,  plans  and  estimates  as  may  be  required  by  the  board,  either 
with  or  without  the  co-operation  of  the  United  States  or  any  department 
thereof,  whenever  said  board  has  under  its  control  money  available  with 
which  to  pay  the  expenses  in  connection  therewith.  ATI  such  work  and 
all  supervision  of  construction  shall  be  performed  under  such  contracts 
and  regulations  as  may  be  made  or  approved  by  the  irrigation  board  or 
agreed  upon  between  said  board  and  the  United  States. 

§  5.  Petition  to  organize  irrigation  district.  Notice.  Hearing.  Order 
creating  district.     Approval  of  state  engineer.     Board  of  directors.     Pro- 


Act  17321,  §  5  GENERAL   LAWS.  920 

ceedings  to  determine  validity  of  district.  "Water  development  dis- 
tricts." Whenever  the  holders  of  title,  or  evidence  of  title,  representing 
one-half  or  more  of  any  body  of  land  susceptible  of  irrigation  (except- 
ing lands  embraced  within  the  limits  of  incorporated  cities  or  towns) 
desire  to  form  an  irrigation  district  under  the  provisions  of  this  act,  for 
the  irrigation  of  said  land,  they  may  present  to  the  irrigation  board  a 
petition  signed  by  them,  or  their  authorized  agents,  which  petition  shall 
set  forth  generally  the  boundaries  of  the  proposed  district,  a  description 
of  the  lands  by  legal  subdivisions  or  other  boundaries,  the  county  in 
wfiich  they  are  situated,  the  number  of  acres  in  the  proposed  district, 
and  in  each  tract  with  the  names  (if  known)  of  the  owners  thereof,  and 
designating  as  unsold  any  lands  not  reduced  to  private  ownership;  and 
also  shall  state  generally  the  source  or  sources  from  which  said  lands  are 
proposed  to  be  irrigated,  and  the  proposed  name  of  the  district,  and  shall 
pray  that  the  territory  within  the  boundaries  of  the  proposed  district 
may  be  organized  as  an  irrigation  district  under  the  provisions  of  this 
act.  The  petition  may  consist  of  any  number  of  separate  instruments; 
and  guardians,  executors,  administrators  or  other  persons  holding  prop- 
erty in  a  trust  capacity  under  appointment  of  court  may  sign  any  jjeti- 
tion  provided  for  in  this  act,  when  authorized  by  an  order  of  court,  which 
order  may  be  made  without  notice.  A  certificate  of  acknowledgment 
taken  before  a  notary  public  or  justice"  of  the  peace  of  any  state,  or  an 
affidavit  by  any  person  in  the  presence  of  whom  such  petition  was  signed, 
shall  be  sufficient  evidence  of  the  genuineness  of  such  signature. 

The  petition  must  be  verified  by  the  affidavit  of  one  of  the  petitioners, 
and  a  notice  setting  forth  the  exterior  boundaries  of  said  proposed  dis- 
trict must  be  published  once  a  week  for  four  successive  weeks  prior  to 
the  hearing  of  said  petition,  in  a  newspaper  of  general  circulation,  pub- 
lished in  each  of  the  counties  in  which  any  of  the  lands  intended  to  be 
embraced  within  such  proposed  irrigation  district  are  situated,  which 
said  notice  shall  also  designate  the  time  and  place  when  and  where  said 
petition  will  be  presented  to  the  irrigation  board.  Said  notice  shall  be 
signed  by  not  less  than  three  of  said  petitioners,  and  affidavits  of  publi- 
cation must  be  filed  with  the  petition. 

At  the  time  and  place  designated  in  said  notice,  the  irrigation  board 
shall  meet  and  receive  the  same  and  said  petition,  and  any  person,  own- 
ing land  within  the  said  proposed  irrigation  district,  may  appear  and 
jiresent  written  objections  to  the  creation  of  such  district.  The  irriga- 
tion board  shall  hear  and  receive  such  evidence  as  may  be  offered  in 
support  of  the  petition  and  in  support  of  said  written  objections.  The 
irrigation  board  may  continue  said  hearing  from  time  to  time,  by  order 
entered  ujion  its  minutes,  to  the  end  that  a  full  hearing  may  be  had. 
Upon  the  final  hearing  of  said  matter,  the  irrigation  board  shall  make  an 
order  ajjproving  saiil  petition  as  originally  presented,  or  as  modified  by 
such  order,  excluding  from  the  district  such  lands  as  in  the  judgment  of 
the  irrigation  board  should  be  excluded,  and  upon  the  filing  of  such  order 
wiTh  the  iiTigation  board,  sucli  irrigation  district  shall  be  deemed  to  be 
created.  The  order  shall  descriV)e  the  cxterioi-  hoiiiidaries  of  the  district, 
as  determined  by  the  irrigation  board,  and  alsd  1  iu'  exterior  boundaries 
of  any  lands  excluded  therefrom,  and  shall  lie  indorsed  upon  or  attached 
to  the  petition,  and  be  signed  by  the  president  nnd  attested  by  the  secrc- 


921  IRRIGATION,  Act  17321,  §  5 

tary  of  the  irrigation  board.  A  copy  of  the  order  creating  such  irriga- 
tion district,  certified  by  such  secretary,  shall  be  filed  in  the  office  of  the 
secretary  of  state,  and  a  similarly  certified  copy  of  such  order,  together 
with  a  map  showing  the  exterior  boundaries  of  the  district,  and  indi- 
cating the  lands  excluded  therefrom,  shall  be  filed  in  the  office  of  the 
county  recorder  of  each  of  the  counties  in  which  any  of  the  lands  within 
the  said  district  are  situated,  and  a  properly  certified  copy  of  such  order, 
together  with  the  maps  attached  thereto,  shall  be  received  in  all  of  the 
courts  of  this  state  as  prima  facie  evidence  of  the  organization  of  such 
district  and  of  the  boundaries  thereof.  Before  the  irrigation  board 
makes  such  order,  it  may  require  that  the  project  and  i>roposed  works 
be  approved  by  the  state  engineer,  or  by  such  engineer  or  engineers  as 
shall  be  designated  by  the  irrigation  board. 

Each  irrigation  district  created  under  the  provisions  of  this  act  shall 
have  a  board  of  directors  composed  of  owners  of  laud  within  the  district, 
elected  by  the  owners  of  land  in  such  district  in  the  manner  provided 
for  the  election  of  trustees  of  reclamation  districts  in  section  three  thou- 
sand four  hundred  ninety-one  of  the  Political  Code  of  the  state  of  Cali- 
fornia, except  that  such  elections  shall  be  called  by  and  returns  thereof 
made  to  the  board  of  supervisors  of  the  county  in  which  the  greater  por- 
tion of  the  lands  of  the  district  are  situated.  Each  such  district  shall 
have  a  board  consisting  of  five  directors;  provided,  that  if  so  requested 
in  the  petition  for  the  formation  of  said  district,  the  irrigation  board 
may  order  that  there  shall  be  only  three  directors.  After  the  approval 
of  the  petition  and  the  election  of  directors  for  the  district,  the  directors 
shall  adopt  rules,  not  inconsistent  with  the  laws  of  the  state,  for  the 
government  and  control  of  the  affairs  of  the  district,  which  rules  may 
be  amended  at  any  time  by  said  board  of  directors. 

The  board  of  directors  of  any  irrigation  district  created  under  this  act 
may  commence  a  proceeding  in  the  superior  court  of  any  county,  wherein 
a  portion  of  the  district  is  situated,  to  determine  the  legality  of  the 
existence  of  said  district.  The  complaint  in  said  proceeding  shall  de- 
scribe the  district  by  name  and  the  exterior  boundaries  thereof,  and  shall 
contain  a  prayer  that  such  district  be  adjudged  a  legal  irrigation  dis- 
trict. The  summons  in  such  proceeding  shall  be  served  by  publishing  a 
copy  thereof  once  a  week  for  four  successive  weeks  in  a  newspaper  of 
general  circulation  published  in  each  county  where  any  part  of  sucli  dis- 
trict is  situated.  Within  thirty  days  after  the  last  publication  of  sairl 
summons,  any  person,  who  may  be  interested,  may  appear  and  answer 
said  complaint,  in  which  answer  the  facts  relied  upon  to  show  the  invalid- 
ity of  the  district  shall  be  set  forth.  If  no  answer  shall  be  filed,  the 
court  must  render  judgment  as  prayed  for  in  the  complaint.  If  anj'  an- 
swer shall  be  filed  within  said  period,  the  court  shall  thereafter  proceed 
as  in  other  civil  cases,  but  no  district  shall  be  adjudged  invalid  when  it 
appears  that  such  district  has,  for  five  years  prior  to  the  commencement 
of  such  proceeding,  been  performing  its  functions  as  an  irrigation  dis- 
trict under  this  act  in  good  faith.  The  proceeding  under  this  section  is 
hereby  declared  to  be  a  proceeding  in  rem,  and  the  judgment  rendered 
therein  shall  be  conclusive  against  all  persons  whomsoever  and  against 
the  state  of  California.  All  irrigation  districts  created  under  the  pro- 
visions of  this  act,  anything  to  the  contrary  elsewhere  in  this  act  con- 


Act  1732i,  §§6,  6a  general  laws.  922 

tained,  shall  be  designated  as  "water  development  districts"  and  in  all 
obligations  and  securities  issned  by  them  they  shall  be  so  designated. 

§  6.  Converting  districts  into  irrigation  districts.  Any  irrigation  dis- 
trict formed  under  the  provisions  of  any  other  law  or  statute  of  this 
state,  and  a^nj  reclamation  district  or  drainage  district  (excluding  from 
any  such  district  the  area  embraced  within  the  limits  of  any  incorpo- 
rated city  or  town)  susceptible  of  irrigation  from  any  project  adopted  or 
approved  by  tlie  irrigation  board,  may  become  an  irrigation  district 
under  the  provisions  of  this  act  upon  presenting  to  the  irrigation  board 
a  consent  thereto  signed  by  the  holders  of  title,  or  evidence  of  title,  of 
more  than  half  of  the  lands  embraced  in  said  district  (excepting  lands 
within  incorporated  cities  or  towns).  Ui:)on  the  tiling  of  such  consent, 
the  irrigation  board  shall  fix  a  date  for  a  hearing  of  the  matter  involved 
in  such  consent.  The  secretary  of  the  irrigation  board  shall  publish  a 
notice  of  such  hearing  once  a  week  for  four  successive  weeks  preceding 
the  date  fixed  therefor  in  a  newspaper  of  general  circulation  published 
in  each  of  the  counties  in  which  any  portion  of  said  district  is  situated. 
At  the  time  and  place  designated  in  said  notice  the  irrigation  board  shall 
hear  and  receive  such  evidence  as  may  be  offered  in  support  of  the  pro- 
posal to  convert  such  district  into  an  irrigation  district  under  the  p>'ovi- 
sions  of  this  act  and  in  support  of  any  written  objection  thereto  filed 
with  the  irrigation  board.  The  irrigation  board  may  continue  said  hear- 
ing from  time  to  time,  by  order  entered  upon  its  minutes,  to  the  end  that 
a  full  hearing  may  be  had.  Upon  the  final  hearing  of  said  matter,  the 
irrigation  board  shall  make  its  order,  providing  that  said  district  (exclud- 
ing therefrom  the  territory  embraced  in  incorporated  cities  or  towns) 
shall  thereafter  be  an  irrigation  district  subject  to  all  of  the  provisions 
of  tliis  act,  or,  in  its  discretion,  said  irrigation  board  may  decline  to 
make  such  order.  If  the  irrigation  board  shall  make  an  order  converting 
such  district  into  an  irrigation  district,  all  of  the  lands  therein  (except 
lands  lying  within  the  boundaries  of  incorporated  cities  or  towns),  shall 
become,  and  shall  thereafter  be,  subject  to  all  of  the  provisions  of  tliis 
act. 

§  6a.  Powers  of  board  of  directors.  Action  nullified  by  irrigation 
board.  Compensation.  The  board  of  directors  of  an  irrigation  district 
created  uinlcr  this  act  shall  have  power  to  elect  one  of  its  members 
president  thereof;  and,  subject  to  the  approval  of  the  irrigation  board, 
to  employ  engineers  and  others  to  survey,  plan,  locate  and  estimate  the 
cost  of  the  works  necessary  for  the  improvement  of  the  lands  of  the 
district  by  irrigation,  reclamation  and  drainage  and  thereafter  subject 
to  the  approval  of  the  irrigation  board,  to  modify  or  change  such  original 
plan  or  plans,  or  adopt  new  supplemental  or  additional  plan  or  plans;  to 
acquire  by  purchase,  condemnation  or  other  legal  means,  necessary  prop- 
erty and  rights  of  way,  and  the  right  to  take  material  for  the  construc- 
tion of  all  necessary  works,  including  dams,  canals,  drains,  sluices,  bulk- 
heads, watergates,  embankments,  levees  and  pumping  i)Iants,  and  to  con- 
struct, maintain  and  keep  in  rejiair  all  works  requisite  and  necessary  to 
that  end,  and  to  do  all  other  ads  and  things  necessary  or  required  for 
the  irrigation,  reclamati(jii  mid  drainage  of  the  Ian. Is  ciniiraced  in  the 
district,  and  to  carry  out  tlie  purposes  of  this  aid.     All  of  the  acts  and 


923  IRRIGATION.  Act  17321,  ^  6b 

liroeeedings  of  such  boanl  of  directors,  however,  shall  be  recorded  in 
the  minutes  of  said  board,  and  copies  thereof,  certified  by  the  secretary 
of  said,  board  as  recorded,  shall,  within  ten  days  after  the  passage  or 
adoption  of  the  same,  be  filed  with  the  secretary  of  the  irrigation  board, 
and  the  irrigation  board,  within  twenty  days  after  such  filing  may,  by 
order  filed  with  its  secretary,  reject  and  nullify  the  action  of  the  board 
of  directors  of  such  irrigation  district,  and  upon  the  filing  of  a  certifieil 
copy  of  such  order  of  rejection  or  nullification  with  the  secretary  of  sucli 
irrigation  district,  the  said  order  of  said  irrigation  district  board  shall 
be  invalid  and  unenforceable  for  any  purpose;  but  if  such  action  of  such 
irrigation  district  board  shall  not  be  so  rejected  or  nullified  within  the 
period  above  provided,  the  same  shall  be  and  remain  in  full  force  and 
ett'ect.  The  irrigation  board  may  confirm  and  ratify  any  action  of  said 
irrigation  district  board  at  any  time,  and  upon  such  confirmation  and 
ratification  such  act  or  order  of  said  irrigation  district  board  shall  be 
valid  and  effective  for  all  purposes.  The  several  members  of  the  board 
of  directors  shall  each  be  entitled  to  receive  for  actual  and  necessary 
services  performed  and  for  expenses  incurred  bj^  them,  respectively,  for 
and  in  the  interest  of  the  district,  such  compensation  as  the  irrigation 
board  may  determine  to  be  just  and  reasonable,  which  shall  constitute  an 
indebtedness  of  the  district  to  be  paid  in  the  same  manner  and  out  of 
the  same  fund  as  other  debts  of  the  district;  provided,  that  no  warrant 
or  order  drawn  for  such  purpose  shall  be  valid  until  approved  by  the 
irrigation   board. 

§  6b.  Conservation  districts.  Eight  of  private  corporation,  etc.,  to 
share  in  benefits.  Petition.  Notice.  Hearing.  Territory  included. 
Order  creating  district.  Petition  to  be  included.  Proceeding  to 
determine  legality  of  district.  The  irrigation  board  shall  have  power 
to  consolidate  into  single  districts  in  the  manner  and  for  the  pur- 
poses provided  in  this  act,  irrigation  districts,  reclamation  districts, 
drainage  districts  and  other  political  subdivisions  of  the  state  organ- 
zed  to  promote  irrigation,  reclamation  or  drainage,  which  consoli- 
dated districts  shall  be  known,  and  are  herein  referred  to,  as  conserva- 
tion districts;  and,  the  purpose  of  the  formation  of  such  districts  being 
primarily  to  provide  for  and  promote  the  irrigation  of  the  lands  therein, 
and  in  connection  therewith  and  incidental  thereto  the  reclamation  and 
drainage  of  such  lands,  the  legislature  hereby  expressly  declares  that 
every  such  conservation  district,  formed  as  herein  provided,  is  and  shall 
be  an  irrigation  district  within  the  meaning  of  section  thirteen  of  article 
eleven  of  the  constitution  of  the  state  of  California,  and  within  the 
meaning  of  every  other  provision  of  said  constitution  relating  to  irriga- 
tion districts.  Such  conservation  districts  shall  be  composed  of  two  or 
more  units  all  or  any  of  which  units  may  be  irrigation  districts,  formed 
under  the  provisions  of  this  or  anj^  other  act  or  statute  of  this  state, 
reclamation  districts,  drainage  districts,  or  other  political  districts  of  the 
state  organized  to  promote  irrigation,  reclamation  or  drainage,  now  or 
hereafter  to  be  formed.  The  territory  embraced  within  such  units  need 
not  be  contiguous  in  order  to  be  embraced  within  the  same  conservation 
district,  provided  all  or  a  portion  of  the  territory  embraced  within  said 
respective  units  is  susceptible  of  irrigation  from  the  works  proposed  to 


Act  1732i,  §  6b  general  laws.  924 

be  constructed  by  said  conservation  district.  Any  private  corporation 
engaged  in  the  distribution  of  water  to  the  public,  for  irrigation  or  other 
beneficial  uses,  or  in  the  generation  of  hydroelectric  power  for  sale  to 
the  public,  and  any  mutual  ditch  company  or  mutual  water  company 
organized  for  the  purpose  of  distributing  water  to  the  members  or  stock- 
holders thereof,  which  private  corporation,  mutual  ditch  company  or 
mutual  water  company  is  receiving  or  entitled  to  receive  water  from  the 
same  stream  or  streams  for  the  storage  or  diversion  of  whose  waters  it  is 
proposed  to  construct  the  works  of  said  conservation  district,  shall  have 
the  right,  upon  payment  of  its  proportion  of  the  cost  of  constructing, 
operating  and  maintaining  such  works,  to  share  in  all  of  the  benefits  re- 
sulting from  such  construction,  operation  and  maintenance,  including  its 
proportionate  share  of  the  water  to  be  conserved  thereby  and  the  power 
to  be  generated  and  produced  in  connection  therewith;  provided,  that 
nothing  herein  contained  shall  be  deemed  to  confer  upon  said  irrigation 
board,  or  upon  any  conservation  district  formed  under  the  provisions  of 
this  act,  the  right  to  impair,  or  deprive  any  person,  firm  or  corporation 
of,  any  vested  right  in  or  to  the  waters  of  any  stream  or  streams  pro- 
posed to  be  stored  or  diverted  by  said  conservation  district,  without  due 
process  of  law. 

Upon  presentation  to  it  of  a  petition  signed  by  the  respective  govern- 
ing boards  of  two  or  more  of  said  units  praying  for  the  formation  of  a 
conservation  district,  the  irrigation  board  shall  fix  a  time  and  place  for 
the  hearing  of  such  petition.  The  secretary  of  the  irrigation  board  shall 
cause  notice  of  said  hearing  to  be  given  by  publication  once  a  week  for 
four  successive  weeks  in  a  newspaper  of  general  circulation  published  in 
each  county  wherein  any  part  of  said  petitioning  districts  are  situated, 
and  also  by  mailing  a  written  notice  of  such  hearing  to  the  governing 
boards  of  such  other  districts  or  political  subdivisions  of  the  state  and  to 
such  private  corporations,  mutual  ditch  companies  and  mutual  water 
companies  as  may  be  designated  by  the  irrigation  board.  At  the  time 
fixed  by  the  irrigation  board  for  such  hearing,  or  at  such  other  time  to 
which  the  hearing  may  be  adjourned,  the  irrigation  board  shall  hear  and 
receive  evidence  in  sujjport  of  any  objections  which  may  be  filed  in  oppo- 
sition thereto,  and  shall  also  receive  applications  from  other  districts  to 
become  a  part  of  such  conservation  district  and  form  private  corpora- 
tions, mutual  ditch  companies  or  mutual  water  companies  to  participate 
in  the  benefits  of  such  conservation  district.  If  there  shall  be  presented 
at  such  hearing  a  written  objection  or  objections  signed  by  the  owners 
of  more  than  one-half  of  the  lands  in  any  such  unit  district  the  signing 
of  such  petition  by  the  governing  board  of  such  unit  district  shall  be 
deemed  to  be  nullified  and  the  irrigation  board  shall  have  no  power  to 
include  such  unit  district  within  the  proposed  conservation  district. 

The  irrigation  board  shall  include  as  a  part  of  such  conservation  tiis- 
trict  the  territory  embraced  within  any  district  unit  api)lying  to  be 
made  part  of  the  conservation  district,  wliiili  .iiiiilying  district  sliall  ho 
lawfully  receiving  or  entitled  to  rcrcivc  water  lidin  the  same  sticaiu  or 
streams  whose  w.'itei's  ;ire  |iiii|](jsei|  tn  lie  stni-e(i  or  dixci-teil  l)y  such  con- 
servation district,  ;iii<l  sliall  admit  tii  lieiiedcial  |ia  rt  ici  pa  I  ion  in  said 
conservation     district      sncli      juisate     c(ii-|i()ra(  ions,     mutual     ditch     com- 


925  iRRKiATioN.  Act  1732i,  §  6b 

panies  or  mutual  water  ooinpanios  likewise  lawfully  receiving  or  en- 
titled to  receive  water  and  applying  to  the  irrigation  board  to  be 
admitted  to  such  participation.  The  application  of  any  unit  district  or 
private  corporation,  mutual  ditch  company  or  mutual  water  company, 
not  so  lawfully  receiving  or  entitled  to  receive  water,  to  be  included  as 
a  part  of  said  conservation  district  or  to  be  jiermitted  to  share  in  the 
benefits  thereof,  may  be  approved  or  rejected  by  the  irrigation  board 
in  its  discretion.  Upon  the  final  hearing  of  said  matter,  the  irrigation 
board  shall  make  an  order  approving  said  i)etition,  as  originally  pre- 
sented, or  as  modified  by  such  order.  Such  order  shall  describe  said  con- 
servation district  by  exterior  boundaries  when  the  lands  therein  lie  in 
one  body,  or  by  naming  the  unit  districts  embraced  therein  when  said 
lands  do  not  lie  In  one  body,  and  shall  also  designate  the  private  cor- 
porations, mutual  ditch  companies  or  mutual  water  companies,  entitled 
to  participate  in  the  benefits  of  the  works  proposed  to  be  constructed  by 
said  conservation  district.  Upon  the  filing  of  such  order  with  the  irriga- 
tion board  such  conservation  district  shall  be  deemed  to  be  created.  A 
certified  copy  of  the  order  creating  such  conservation  district  shall  be 
filed  in  the  office  of  the  secretary  of  state,  and  a  certified  copy  thereof, 
together  with  a  map  showing  the  boundaries  of  the  district,  shall  be 
filed  in  the  office  of  the  county  recorder  of  each  of  the  counties  in  which 
any  of  the  lands  within  the  said  district  are  situated.  A  properly  certi- 
fied copy  of  such  order,  together  with  the  map  attached  thereto,  shall  be 
received  in  all  the  courts  of  this  state  as  prima  facie  evidence  of  the 
organization  of  such  district  in  compliance  with  the  provisions  of  this 
act,  and  of  the  boundaries  thereof. 

After  the  formation  of  a  conservation  district  as  herein  provided,  an}' 
irrigation  district,  reclamation  district,  drainage  district,  or  other  politi- 
cal subdivision  of  the  state  organized  to  promote  irrigation,  reclamation 
or  drainage,  theretofore  existing  and  which  was  entitled  to  become  a 
part  of  and  unit  in  such  conservation  district  at  the  time  of  its  forma- 
tion, and  any  such  district  or  political  subdivision  of  the  state  thereafter 
formed,  any  portion  of  the  lands  in  which  are  receiving  or  entitled  to 
receive  water  from  the  same  stream  or  streams  for  the  storage  or  diver- 
sion of  whose  waters  said  conservation  district  was  formed,  may,  at 
any  time  prior  to  the  making  by  the  irrigation  board  of  the  order  ap- 
proving the  apportionment  as  provided  in  section  ten  of  this  act,  but  not 
thereafter,  file  with  the  irrigation  board  a  petition  to  be  made  a  part 
of  and  unit  in  such  conservation  district.  And  any  private  corporation, 
mutual  ditch  company  or  mutual  water  company  existing  at  the  time 
of  the  formation  of  such  conservation  district,  and  at  that  time  entitled 
to  be  admitted  to  participation  in  the  benefits  resulting  from  the  con- 
struction of  the  works  of  such  conversation  district  and  any  such  private 
corporation,  mutual  water  company  or  mutual  ditch  company  thereafter 
organized  and  receiving  or  entitled  to  receive  water  from  such  stream 
or  streams,  may,  at  any  time  prior  to  the  making  by  the  irrigation 
board  of  the  order  approving  the  apportionment  as  provided  in  section 
ten  of  this  act,  but  not,  thereafter,  file  with  the  irrigation  board  a 
petition  to  be  admitted  to  such  participation.  Upon  the  filing  of  any 
such  petition,  within  the  time  hereinbefore  limited,  the  irrigation  board 
shall  fix  a  time  and  place  for  the  hearing  thereof  and  give  such  notice 


Act  17321,  §  7  GENERAL    LAWS.  926 

of  said  hearing  and  cause  such  iiroceedings  to  be  had  and  taken  at 
such  hearing  and  such  order  to  bo  made  and  filed,  and  certified  copies 
of  such  order  to  be  filed,  as  in  the  case  of  a  hearing  upon  a  petition, 
for  the  original  formation  of  a  conservation  district,  and  the  right  of 
such  petitioning  district  or  political  subdivision  to  become  a  part  of 
and  unit  in  such  conservation  district  or  of  such  private  corporation, 
mutual  water  company  or  mutual  ditch  company  to  be  admitted  to  par- 
ticipation in  the  benefits  resulting  from  the  construction  of  the  vvorlcs 
thereof,  shall  be  determined  in  the  same  manner  as  if  such  district  or 
political  subdivision  or  private  corporation  or  mutual  water  company 
or  mutual  ditch  company  had  presented  its  petition  or  application  at 
the  hearing  of  the  petition  for  the  original  formation  of  such  conserva- 
tion district. 

The  irrigation  board,  or  the  governing  body  of  any  irrigation  district, 
reclamation  district,  drainage  district,  or  other  political  subdivision  of 
the  state  organized  to  promote  irrigation,  reclamation  or  drainage,  con- 
stituting a  unit  of  said  conservation  district,  or  any  private  corporation, 
or  mutual  water  company  or  mutual  ditch  company  admitted  to  par- 
ticipation in  the  benefits  of  such  conservation  district,  may  commence 
a  proceeding  in  the  superior  court  of  any  countj^  wherein  a  portion  of 
said  conservation  district  is  situated  to  determine  the  legality  of  the 
existence  of  said  conservation  district.  The  complaint  in  said  jn'oceed- 
ing  shall  describe  the  district  by  name,  and  the  exterior  boundaries 
thereof,  when  the  lands  therein  lie  in  one  body,  or  by  naming  the  unit 
districts  embraced  therein  when  said  lands  do  ■  not  lie  in  one  body, 
and  shall  contain  a  prayer  that  such  district  be  adjudged  a  legal  con- 
servation district.  The  summons  in  such  proceeding  shall  be  served 
by  publishing  a  copy  thereof  once  a  week  for  four  successive  weeks  in 
a  newspaper  of  general  circulation  published  in  each  county  wherein 
any  part  of  such  district  is  situated.  Within  thirty  days  after  the  last 
publication  of  said  summons  any  person  who  may  be  interested  may 
appear  and  answer  said  complaint  in  which  answer  the  facts  relied 
upon  to  show  the  invalidity  of  the  district  shall  be  set  forth.  If  no 
answer  shall  be  filed  the  court  must  render  judgment  as  prayed  for  in 
the  complaint.  If  any  answer  shall  be  filed  within  said  period  the 
court  shall  thereafter  proceed  as  in  other  civil  cases,  but  no  district 
shall  be  adjudged  invalid  when  it  appears  that  such  district  has,  for 
five  years  prior  to  the  commencement  of  such  proceeding,  been  perform- 
ing its  functions  as  a  conservation  district  in  good  faith.  The  proceed- 
ing under  this  section  is  hereby  declared  to  be  a  proceeding  in  rem  and 
the  judgment  rendered  therein  shall  be  conclusive  agaiiist  all  persons 
whomsoever  ngainst  the  state  of  California. 

§7.  When  works  benefit  overflowed  lands.  When  any  of  the  works 
constructed  under  the  provisions  of  this  act  serve  the  purpose  of  drain- 
age, flood  control  or  reclamation  of  swamp  and  overflowed  lands  within 
an  irrigation  or  conservation  district  formed  under  the  provisions  of  this 
act,  the  irrigation  board  may  estimate  the  proportion  of  th(i  cost  of 
said  construction,  which  may  be  properly  charged  to  the  lands  benefited 
by  such  drainage,  flood  control  or  reclamation,  and  assessments  may 
be  levied  in  the  manner  heri'in   provided  upon  the  lands  so  benefited  for 


927  iKKiGATioN.  Act  17321,  §§  8-lU 

tho  purpose  of  payiug  such  [U'oportion  of  said  cost  of  construction, 
together  with  a  reasonable  portion  of  the  expenses  of  maintenance  and 
repair  of  such  works. 

§8.  Rules  and  regulations.  The  irrigation  board  may  make  and  en- 
force any  and  all  rules  and  regulations  that  in  its  opinion  will  promote 
the  objects  of  this  act,  and  may  perform  any  act  and  exercise  any  power 
necessary  to  the  accomplishment  of  the  purposes  herein  expressed  and 
full  power  is  hereby  conferred  in  the  premises  whether  or  not  such 
powers  are  herein  specially  mentioned,  and  may  sue  and  be  sued  in  the 
same  manner  and  with  the  same  effect  as  a  municipal  (corporation. 

§  9.  Member  may  conduct  hearing.  For  the  purpose  of  performing 
any  duty  under  this  act  the  irrigation  board  may  appoint  one  of  its 
moTnbers  to  conduct  any  hearing  or  investigation.  Such  member  shall 
make  a  written  report  of  his  proceedings  and  shall  state  the  evidence 
introduced  at  any  hearing  and  his  conclusions  thereon.  Upon  such 
report,  or  upon  such  further  inquiry  as  the  irrigation  board  shall  deem 
proper,  the  irrigation  board  may  pass  upon  and  decide-  any  question 
under  consideration  at  said  hearing  or  investigation.  The  decisions  of 
the  irrigation  board  shall  be  final  except  as  to  questions,  the  determina- 
tion of  which  are  vested  in  the  courts  by  this  act  or  by  the  constitution 
of  this  state  or  by  the  constitution  of  the  United  States. 

§  10.  Apportionment  of  water.  Lease  of  surplus  water.  Special 
board  of  apportionment.  Oath.  Notice.  Hearing.  Eates.  Control  of 
distribution  of  water  apportioned.  Prior  to  making  any  assessment,  to 
provide  funds  for  the  construction  or  purchase  of  any  project  for  the 
construction  or  purchase  of  which  any  conservation  district  shall  have 
been  formed,  there  shall  be  apportioned  as  hereinafter  provided,  to  each 
constituent  district  or  unit  under  such  project  the  proportion  to  which 
it  is  entitled  of  all  water  stored  or  to  be  stored  or  diverted  or  to  be 
diverted  by  such  project  for  the  irrigation  of  such  conservation  district, 
and  of  all  power  to  be  developed  in  connection  therewith,  which  pro- 
portion of  such  >vater  and  power  shall  be  forever  applied  to  the  purposes 
of  said  constituent  district;  provided,  that  any  water  or  power  that  may 
be  so  apportioned  and  for  which  any  constituent  district  or  unit  has  not, 
to  the  full  extent  thereof,  a  beneficial  use,  may  be  leased  by  such  dis- 
trict or  unit,  with  the  consent  of  the  irrigation  board,  to  any  other 
territory  within  or  without  the  said  conservation  district;  the  other 
districts  or  units,  embraced  in  said  conservation  district  to  be  entitled, 
however,  to  the  first  right  to  so  lease  such  surplus  water  or  power.  The 
apportionment  of  water  and  power  under  this  section  shall  be  made 
by  a  special  board  of  apportionment  and  confirmed  by  the  irrigation 
board.  The  members  of  such  special  board  of  apportionment  shall  be 
three  in  number  and  shall  be  appointed  by  the  irrigation  board,  sub- 
ject, however,  to  the  approval  of  two-thirds  of  the  members  of  the 
advisory  board  hereinafter  provided  for.  The  members  of  such  special 
board  of  apportionment  shall  be  disinterested  persons  having  no  in- 
terest in  any  land  within  the  conservation  district  within  which  such 
apportionment  is  to  be  made  and  not  residing  within  such  district. 
Before   entering  upon  his   duties  each  of   the   members   of  said   special 


Act  17321,  §  10  GENERAL    LAWS.  928 

board  of  apportioument  shall  take  and  subscribe  an  oath  that  he  is  not 
in  any  manner  interested  in  any  real  estate  within  said  district,  directly 
or  indirectly;  that  he  does  not  reside  therein,  and  that  he  will  perform 
the  duties  of  a  member  of  such  board  to  the  best  of  his  ability.  Said 
special  board  of  apportionment  shall  determine,  define  and  apportion 
to  the  several  districts  or  units  within  said  conservation  district,  and 
to  the  private  corporations,  mutual  water  companies  and  mutual  ditch 
companies  admitted  to  share  in  the  benefits  thereof,  the  amount  and 
extent  of  the  water  to  be  produced,  stored  or  diverted  for  the  project 
contemplated  by  said  conservation  district  and  the  amount  and  extent 
of  the  power  to  be  produced  or  generated  in  connection  therewith,  and 
shall  likewise  determine,  define  and  apportion  the  cost  of  the  project, 
and  shall  make  a  report  thereof  to  the  irrigation  board.  Upon  receiving 
such  report  the  irrigation  board  shall  fix  a  date  for  the  hearing  thereof, 
and  notice  to  all  persons  in  such  conservation  district  shall  be  given 
by  publication  once  a  week  for  four  successive  weeks  in  a  newspaper 
of  general  circulation  published  in  each  of  the  counties  in  which  any 
portion  of  the  said  district  is  situated.  Such  hearing  shall  be  held 
upon  a  date  not  less  than  sixty  nor  more  than  ninety  days  after  the 
first  publication  of  said  notice,  and  affidavits  of  the  publication  of  said 
notice  in  the  manner  herein  provided  shall  be  made  and  filed  with  the 
irrigation  board  before  such  hearing.  In  addition  to  the  publication 
of  such  notice  the  secretary  of  the  irrigation  board  shall  mail  a  copy 
thereof  to  the  governing  boards  of  such  other  districts  or  political  sub- 
divisions of  the  state  and  to  such  private  corporations,  mutual  ditch 
companies  and  mutual  water  companies  as  maj^  be  designated  by  the 
irrigation  board.  At  the  time  set  for  the  hearing  the  irrigation  board 
shall  hear  and  receive  evidence  in  support  of  objections  which  may  be 
presented  to  the  apportionment  so  made,  and  shall  thereupon  make  its 
order  approving,  modifying  or  rejecting  such  apportionment.  Any  per- 
son aggrieved  by  the  order  of  the  irrigation  board  may  commence  an 
action  in  the  superior  court  of  any  county  in  which  any  part'  of  said 
conservation  district  is  interested  to  have  said  apportionment  corrected, 
modified  or  annulled.  Such  action  must  be  commenced  within  thirtj' 
days  after  said  order  has  been  made  and  filed  in  the  office  of  the 
secretary  of  the  irrigation  board,  and  if  not  so  commenced  no  action  or 
defense  shall  thereafter  be  maintained  attacking  the  legality  of  said 
ap])ortionment  in  any  respect. 

All  works  coTistructed  at  the  expense  of  any  irrigation  district 
created  umler  this  act,  or  for  any  component  unit  of  a  conservation 
district,  or  for  which  the  same  is  assessed  or  charged  for  the  repayment 
of  moneys  exi)ended  for  construction,  sli.ill  forcxcr  he  devoted  to  the 
jiurpoaes  of  such  constituent  district  or  unit  under  the  ndministrotion 
of  the  irrigation  board.  No  rates  shall  be  cliarycil  by  ;ui  irrigation 
district  formed  under  the  provisions  of  this  art  or  liy  ;i  conservation 
district  for  tlic  use  of  water  for  irrigation  therein  or  for  ])0wer  developed 
in  conncrtioM  tiicrewith,  except  for  the  just  prof)ortion  of  such  irriga- 
tif)Ti  district  or  the  units  of  sncli  conservation  district,  or  of  the  private 
corporations,  mutual  water  c<)in|ianies  or  mutn;il  ditdi  companies  en- 
tiiTed  to  or  receiving  the  benefits  of  tlic  construction  and  operation  of 
the  works  of  said  conservation  district,  for  the  expenses  of  the  govern- 


929  iRHKjATio.x.  Act  17321,  §§  11-13 

iiig  bodies  iui<l  ('iii[)lovt'os  thereof  and  of  tlie  maiiiteiiaiici",  operation, 
rej)air  aud  supervision  of  tlie  works  constructed  for  the  benefit  of  such 
irrigation  district  or  conservation  district,  and  except  for  the  repay- 
ment of  moneys  appropriated  and  paid  as  the  cost  of  construction  of 
the  said  worlds  and  the  payment  of  bonds  issued  therefor  and  the  interest 
thereon. 

It  shall  bo  the  duty  of  the  irrigation  board,  and  said  board  shall  have 
power  to  do  all  things  iiecessary  to  that  end,  to  control  and  supervise 
the  distribution  of  the  water  and  power  apportioned  as  herein  provided 
to  the  units  of  a  conservation  district  and  to  the  private  corporations, 
mutual  water  companies  and  mutual  ditch  companies  admitted  to  share 
in  the  benefits  thereof. 

§  11.  Power  to  contract  for  repayment  of  money  expended.  The  irri- 
gation board  shall  have  power  to  contract  with  the  Ignited  States  and 
with  the  state  of  California  for  the  repayment  of  moneys  appropriated 
or  expended  in  the  construction  of  reservoirs,  canals,  ditches  or  other 
works  necessary  or  convenient  for  any  of  the  purposes  heroin  mentioned. 
Such  repayment  shall  be  made  from  assessments  upon  the  lands  benefited 
by. such  works,  or  the  proceeds  of  bonds  issued  thereon,  from  payments 
made  by  private  corporations,  mutual  ditch  companies  or  mutual  water 
companies  contributing  their  proportion  of  the  cost  of  constructing,  oper- 
ating and  maintaining  such  works  as  provided  in  section  six  b  of  this 
act,  or  from  revenues  derived  by  the  irrigation  board  for  water  or  j)Ower 
leased  or  sold  by  the  irrigation  board  as  provided  in  this  act,  or  from 
either,  all  or  any  of  said  methods  of  repayment.  The  irrigation  board 
may  also  deposit  with  the  United  States  and  with  the  state,  bonds,  notes, 
contracts,  leases,  agreements  or  other  obligations  for  the  payment  of 
money,  issued  or  executed  by  irrigation  districts  formed  under  the  pro- 
visions of  this  act,  or  by  conservation  districts,  or  the  component  units 
of  such  conservation  districts,  the  proceeds  to  be  applied  to  said  repay- 
ment upon  such  terms  as  may  be  agreed  upon  between  the  irrigation 
board  and  the  United  States  or  the  state  of  California. 

§  12.  Power  to  purchase  land,  etc.,  needed.  The  irrigation  board  shall 
have  power  to  acquire  within  or  without  any  irrigation  district  created 
under  this  act  or  any  conservation  district,  from  persons,  associations  or 
private  corporations,  by  purchase,  condemnation  or  other  lawful  moans, 
any  land,  water,  water  rights,  reservoirs,  flumes,  ditches,  power  lines, 
telegraph  or  telephone  lines  or  other  works  or  parts  thereof  necessary 
or  convenient  for  the  purposes  herein  mentioned,  or  necessary  for  the 
carrying  out  of  any  of  the  jirojects  formed  hereunder. 

§13.  Advisory  "board.  The  chairman  or  presiding  officers  of  the  gov- 
erning bodies  of  the  respective  irrigation  districts,  reclamation  districts, 
drainage  districts  aud  other  political  subdivisions  of  the  state  orgaiiized 
to  promote  irrigation,  reclamation  or  drainage,  constituting  units  of  a 
conservation  district  created  under  this  act,  and  of  the  private  corpora- 
tions, mutual  water  companies  and  mutual  ditch  companies  contributing 
to  the  cost  of  constructing,  operating  and  maintaining  the  works  of  such 
conservation  district,  shall  be  and  constitute  an  advisory  board  to  con- 
sult with  the  irrigation  board,  and  such  advisory  board  shall  perform 
59 


Act  1732i,  §  1-i  GENERAL   LAWS.  930 

such  executive  and  administrative  functions  as  may  be  determined  from 
time  to  time  by  the  irrigation  board. 

§  14.  Power  to  make  contracts.  Apportiomnent  of  revenues.  Con- 
tracts between  districts,  etc.  The  irrigation  board,  except  where  special 
power  is  herein  elsewhere  conferred,  shall  have  power  to  make,  execute 
and  earrj'  out  any  agreements  or  contracts  for  the  performance  of  any 
act  or  the  construction  of  any  works  provided  for  in  this  act,  and  may 
make  contracts  for  the  sale  or  rental  of  unapportioned  water  or  power 
for  periods  not  to  exceed  forty  years,  upon  such  terms  as  the  irrigation 
board  shall  prescribe.  All  revenues  received  by  the  irrigation  board 
from  such  sales  or  rentals  shall  be  apportioned  to  the  districts  consti- 
tuting component  parts  of  such  conservation  district  and  to  the  private 
corporations,  mutual  water  companies  and  mutual  ditch  companies  con- 
tributing to  the  construction  of  the  project  from  which  such  revenues  are 
derived.  Such  apportionment  shall  be  made  in  the  ratio  of  the  respective 
amounts  of  assessments  levied  or  charges  made  for  the  construction  of 
the  works  in  connection  with  which  such  revenues  are  derived. 

For  the  purpose  of  carrying  this  act  into  effect  and  of  accomplishing 
the  ends  and  objects  herein  expressed,  and  the  development  and  utili- 
zation of  the  water  resources  of  this  state,  conservation  districts,  irriga- 
tion districts,  formed  under  the  provisions  of  this  act,  reclamation  dis- 
tricts and  other  political  subdivisions  of  the  state  organized  to  promote 
irrigation,  reclamation  or  drainage,  and  private  corporations  organized 
for  the  purpose  of  selling  or  distributing  water  or  electric  power  for 
domestic,  irrigation,  manufacture,  or  other  beneficial  uses  and  purposes, 
and  mutual  water  companies  and  mutual  ditch  companies,  may  enter  into 
contracts  or  agreements  with  each  other  or  with  other  districts,  political 
subdivisions,  corporations,  associations  or  persons,  for  the  development, 
appropriation  or  storage  of  water  and  the  apportionment  and  distribu- 
tion thereof,  and  the  division,  distribution  and  payment  of  the  cost  and 
expense  of  such  development,  appropriation,  storage,  apportionment  and 
distribution.  And  every  and  all  such  contract  or  contracts  shall  be  valid 
and  binding,  in  accordance  with  their  terms  aud  provisions  respectively; 
provided,  however,  that  before  any  such  contract  or  contracts  shall  go 
into  force  or  effect  or  become  binding  for  any  purpose,  the  same  shall  be 
submitted  to  and  approved  by  the  irrigation  board;  and  provided,  fur- 
ther, that  where  any  such  contract  relates  to  or  affects  the  sale,  rental 
or  distribution  of  water  or  electric  power,  or  the  beneficial  use  of  water, 
by  a  public  utility,  the  same  shall,  before  it  goes  into  force  or  effect  or 
becomes  binding,  be  submitted  to  and  approved  by  the  railroad  commis- 
sion of  the  state  of  California.  And  all  such  contracts  approved  as 
herein  provided,  shall  be  binding  and  valid  for  all  purposes,  either  in  per- 
petuity or  such  term  or  terms  as  shall  be  specified  or  agreed  upon  therein 
or  in  the  order  or  orders  approving  the  same. 

The  provisions  of  this  section  arc  in  aid  of  and  in  addition  to  other 
provisions  of  this  act,  and  the  same  shall  be  construed  and  considered  as 
so  in  aid  of  and  in  addition  to,  and  not  limited  by  or  restricted  by  any 
of  the  other  terms  or  provisions  of  this  act.  Nothing,  in  this  section  con- 
tained shall  be  construed  to  affect  or  impair  the  organization  or  rights 
of  mutual  water  companies  or  mutual  ditch  companies  or  the  rights  of 
the  stockhfildors  or  members  of  such  companies. 


931  IRRIGATION.  Act  17321,  §15 

§  15.  Surveys,  etc.,  of  conservation  district.  Commissioners  to  assess 
land.  Assessment-roU.  Hearing.  Objections.  Approval  of  assessment. 
Lien.  Annual  levy.  Additional  levy.  Surplus.  Duties  of  auditor  and 
tax  collector.     Moneys  received  under  contracts.     Delinquent  taxes.     The 

irrigation  board  shall,  upon  tlio  organization  of  any  conservation  dis- 
trict as  in  this  act  provided,  proceed  to  make  or  cause  to  be  made,  all 
necessary  examinations,  surveys,  plans  and  estimates  of  cost  for  the  stor- 
age, diversion  and  distribution  of  water  and  the  generation  of  electric 
power  in  connection  therewith,  and  the  sale  and  distribution  thereof 
as  may  be  necessary  or  requisite  to  enable  said  board  to  ascertain  and 
estimate  the  requirements  and  works  necessary  as  aforesaid  for  the  pur- 
poses of  said  conservation  district  and  the  probable  cost  and  expense 
thereof,  and  in  that  connection  may  use  and  adopt  all  previous  estimates, 
surveys  and  reports  it  may  have  collected  adapted  to  that  purpose,  and 
may  employ  all  necessary  engineers  and  other  assistants  for  the  accom- 
plishment of  said  purposes,  and  the  cost  thereof  shall  be  deemed  a  part 
of  the  expense  of  said  project  and  may  issue  warrants  therefor  and  same 
shall  bear  interest  from  date  of  issue  at  the  rate  of  six  per  cent  per 
annum  until  paid,  and  shall  be  payable  out  of  the  funds  of  said  district, 
and  may  be  included  in  any  bond  issue  authorized  for  the  purposes  of 
said  district. 

Such  estimate  as  is  above  provided  for  shall  be  in  such  form  as  shall 
•  be  approved  by  said  irrigation  board  and  shall  be  entered  in  the  minutes 
of  said  board  and  shall  constitute  a  part  of  the  records  of  said  board, 
and  the  same,  or  a  copy  thereof,  certified  by  the  secretary  of  said  board, 
shall  be  admissible  as  evidence  in  any  proceeding  before  any  court,  com- 
mission or  tribunal  of  this  state  wherein  the  matters  therein  set  forth 
shall  be  admissible  in  evidence. 

Whenever,  for  any  of  the  purposes  of  this  act,  the  irrigation  board 
shall  deem  it  necessary  for  the  purposes  of  said  district,  or  the  levying 
of  an  assessment  upon  the  property  therein,  or  the  issuance  of  bonds  by 
said  district,  said  board  shall  appoint  three  commissioners  for  such  pur- 
pose or  purposes.  Such  commissioners  shall  have  no  interest  in  any  land 
in  the  district,  either  directly  or  indirectly,  and  each  commissioner  before 
entering  upon  his  duties  shall  make  and  subscribe  an  oath  that  he  is  not 
in  any  manner  interested  directly  or  indirectly  in  any  land  in  said  dis- 
trict, and  that  he  will  perform  the  duties  of  commissioner  to  the  best 
of  his  ability.  Thereupon  said  commissioners  shall  proceed  separately 
as  to  each  unit  within  said  district  to  view  and  assess  upon  the  land 
within  said  district  a  sum  sufficient  to  cover  said  estimated  amount  and 
shall  apportion  the  same  according  to  the  benefits  which  will  accrue  to 
each  unit  within  said  district,  and  separately  as  to  each  tract  of  land 
within  said  unit.  Such  benefits  to  be  estimated  according  to  the  bene- 
fits which  will  accrue  to  each  tract  of  laud  in  such  unit  by  reason  of  the 
expenditure  of  said  estimated  sum,  and  shall  estimate  the  same  in  gold 
coin  of  the  United  States. 

Said  commissioners  shall  prepare  and  certify  a  roll  on  which  they  shall 
state  the  name  and  address  of  the  owner  of  each  parcel  of  land  in  such 
unit,  or  if  the  name  or  address  of  any  owner  is  unknown,  then,  that  fact; 
also  a  description  of  each  parcel  of  land  by  legal  subdivisions  or  bound- 
aries, and  the  total  amount  assessed  against  each  parcel  of  land  so  de- 


Act  1732i,  §  15  GENERAL   LAWS.  932 

scribed.  No  mistake  in  the  name  of  the  owner,  or  supposed  owner  of  any 
parcel  of  land,  shall  invalidate  the  apportionment  or  assessment.  A 
separate  roll  shall  be  made  for  the  lands  in  each  county  where  such  unit 
includes  land  in  more  than  one  county.  When  completed  said  roll  or 
rolls  shall  be  filed  with  the  irrigation  board  and  certified  copies  of  the 
particular  roll  for  each  county  shall  be  filed  with  the  county  recorder  of 
any  county  in  which  any  lands  within  said  unit  may  be,  and  each  roll 
shall  be  open  for  inspection  by  the  public  for  at  least  thirty  days. 

The  irrigation  board  shall  appoint  a  time  and  place  not  less  than  thitty 
days  after  said  roll  has  been  filed  with  said  recorder  or  recorders  when 
and  where  it  will  meet,  within  said  conservation  district  for  the  pur- 
pose of  hearing  objection  to  said  assessment  and  the  apportionment 
thereof  and  notice  of  such  hearing  shall  be  published  at  least  once  a 
week  for  two  successive  weeks  in  some  newspaper  published  in  each 
county  in  which  any  lands  within  said  district  may  be.  At  any  time 
before  or  at  the  original  date  of  such  hearing,  any  person  interested  in 
any  real  estate  upon  which  any  charge  has  been  apportioned  and  as- 
sessed, may  file  in  the  office  of  the  secretary  of  said  irrigation  board 
written  objections  thereto,  stating  the  grounds  of  such  objections,  which 
said  statements  shall  be  verified  by  the  affidavit  of  such  person  or  some 
other  person  who  is  familiar  with  the  facts.  Said  irrigation  board  may 
postpone  such  hearing  from  time  to  time.  At  such  hearing  the  irriga- 
tion board  shall  hear  such  evidence  as  may  be  offered  touching  the  cor- 
rectness of  such  assessment  or  the  manner  of  its  apportionment  and  may 
modifj'  or  amend  the  same  and  may  reapportion  all  or  any  part  of  the 
entire  assessment.  No  assessment  or  apportionment  shall  be  increased 
except  upon  the  hearing  of  objections  thereto  or  after  personal  notice 
or  notice  by  mail  to  the  owner  of  the  land  upon  which  said  increase  is 
made.  Said  irrigation  board  must  make  and  enter  in  its  minutes  an 
or^er  approving  said  assessment  and  apportionment  as  finally  fixed, 
and  the  decision  of  said  irrigation  board  shall  be  final,  and  thereafter 
said  assessment  and  apportionment  shall  be  conclusive  evidence  of  the 
validity  of  said  assessment  and.  apportionment,  and  no  action  or  defense 
shall  ever  be  maintained  attacking  the  same  in  any  respect.  And  the 
records  of  said  irrigation  board,  or  a  copy  thereof  certified  by  its  secre- 
tary, shall  be  received  in  evidence  in  all  or  any  of  the  courts  of  this 
state,  or  before  any  board  or  tribunal  authorized  to  hear  or  consider  any 
matter  wherein  the  same  shall  be  admissible  as  evidence.  No  change  shall 
be  made  in  said  assessment  or  apportionment  after  the  consideration,  ap- 
proval and  fixing  thereof  by  said  irrigation  board  and  all  assessments 
upon  the  property  of  said  district  thereafter  shall  be  levied  in  accordance 
therewith  and  consistent  with  the  apportionment  of  benefits  therein 
provided  for  and  fixed,  and  if  any  assessments  are  called  for  or  required 
in  addition  to  the  original  amount  estimated  and  apportioned  for  the 
purposes  of  said  district,  such  additional  amount  shall  be  assessed,  levied 
and  raised  in  accordance  with  said  apportionment  and  assessment  of 
benefits  so  fixed  in  the  first  instance  by  said  irrigation  board.  A  cer- 
tified copy  of  such  assessment  and  apportionment  roll  as  finally  approved 
shall  be  filed  in  the  offices  of  the  county  recorder  of  each  county  in 
which  any  land  witliin  said  district  is  situated.  Such  assessment  and 
apportionment    shall    thereafter    constitute    a    first    lien    upon    the    land 


933  IRRIGATION.  Act  17321,  §  15 

affected  thereby  until  the  full  aniouut  thereof  is  i:)aid  or  until  all  Louds 
of  the  district  issued  thereon,  together  with  the  accrued  interest,  shall 
have  been  fully  paid.  The  said  irrigation  board  shall  on  the  first  Tues- 
day in  May  following  the  fixing  and  approval  of  said  assessment  and 
apportionment  therein  provided  for,  and  annually  thereafter  on  said 
date,  levy  an  assessment,  sufficient  to  raise  the  annual  interest  on  the 
outstanding  bonds  of  said  district,  and  in  any  year  in  which  any  bonds 
sliall  fall  due  must  increase  such  assessment  to  an  amount  sufficient  to 
pay  the  principal  of  the  outstanding  bonds  as  they  mature;  also  suffi- 
cient to  pay  in  full  all  sums  that  may  become  due  from  the  district 
before  the  time  of  collection  of  the  next  annual  assessment,  including 
an  amount  sufficient  to  pay  in  full  the  amount  of  any  contract  or  obliga- 
tion of  the  district  which  may  come  due  during  said  year  or  may  have 
been  reduced  to  judgment.  And  to  provide  for  and  maintain  a  fund 
out  of  which  the  current  and  contingent  obligations  of  said  district  can 
be  paid  in  cash  as  they  mature.  In  addition  to  the  amounts  estimated 
as  necessary  for  the  purposes  aforesaid,  a  further  levy  of  fifteen  per 
cent  additional  shall  be  included  and  levied  for  the  purposes  of  meeting 
any  additional  amounts  that  may  be  recpiired  on  account  of  delin- 
quencies and  to  insure  the  payment  of  all  of  the  bonded  indebtedness, 
including  the  interest  thereon  and  other  obligations  of  said  district  at 
maturity.  Whenever  there  is  a  surplus  in  the  funds  of  said  district  over 
and  above  all  requirements  as  herein  specified  for  the  payment  of  the 
bonded  indebtedness  and  interest  thereon  and  accrued  obligations  of 
said  district,  such  a  surplus  may  be  used  and  applied  in  retiring  the 
outstanding  bonds  or  any  thereof  of  said  district.  The  secretary  of  the 
irrigation  board  must  compute  and  enter  in  a  separate  column  of  the 
assessment-book  the  respective  sums  in  dollars  and  cents  to  be  paid 
as  an  assessment  upon  the  property  therein  enumerated.  In  so  doing, 
said  secretary  shall  enter  the  names  of  the  owners  of  such  lands  and 
the  descriptions  thereof  in  accordance  with  the  last  assessment-roll  of 
the  county  in  which  the  said  lands  are  situated.  Such  assessment  must 
be  so  levied  and  computed  as  to  be  in  accordance  with  the  apportionment 
and  assessment  of  benefits  herein  provided  for  and  so  that  all  lands 
within  said  district  shall  be  assessed  and  required  to  pay  in  accordance 
therewith. 

The  secretary  of  said  board  shall  forthwith  deliver  a  certified  copy 
of  that  portion  of  said  assessment  so  directed  to  be  entered  by  him, 
so  far  as  it  applies  or  appertains  to  any  land  within  any  county  situated 
within  said  district  to  the  county  auditor  of  such  county,  and  such 
auditor  shall  accept  and  receipt  for  the  same  and  thereupon  it  shall  be 
the  duty  of  said  auditor  to  include  said  assessment  as  an  assessment 
against  each  parcel  or  tract  of  land  therein  described.  It  shall  bs  the 
duty  of  said  auditor  to  examine  and  ascertain  as  to  any  errors  or  dis- 
crepancies that  may  exist  in  said  roll  as  to  the  ownership  of  or  the 
descriptions  of  land  as  applied  to  any  owner  or  owners  thereof  as  com- 
pared with  the  assessment-roll  of  the  said  county  for  such  year,  and 
if  any  such  difference  or  discrepancies  are  found,  it  shall  be  the  duty 
of  said  auditor  to  correct  the  same  accordingly  so  that  the  said  roll  as  to 
ownerships  and  descriptions  of  land  and  assessments  thereof  shall  cor- 
respond to  the   assessment-roll  of  said  county  and  for  such  year.     And 


Act  17321,  §  15  GENERAL  LAWS.  934 

it  shall  be  his  duty  to  audit,  enter  and  certify  the  same  to  the  tax  col- 
lector of  said  county  for  collection  in  the  same  manner  and  form  as 
county,  school  district  and  other  taxes  are  included  and  certified  by  him 
to  such  tax  collector,  and  all  such  assessments  shall  constitute  a  first 
lien  upon  the  lands  affected  thereby  as  hereinbefore  provided. 

Upon  receipt  of  the  same  from  the  auditor  of  such  county  it  shall 
be  the  duty  of  the  tax  collector  of  said  county  to  include  the  same 
as  a  separate  entry  and  charge  against  the  land  therein  described  and 
to  collect  the  same  with  the  county,  school  district  and  other  taxes 
so  required  to  be  collected  by  such  county  tax  collector  and  to  keep 
and  deposit  such  district  taxes  in  a  separate  fund,  and  when  the  same 
is  collected  it  shall  be  the  duty  of  such  tax  collector  to  pay  the  same 
over  to  the  treasurer  of  such  county  at  the  same  time  and  in  the  same 
manner  as  other  taxes  collected  by  him  are  paid  over  to  such  treasurer, 
and  it  shall  be  the  duty  of  such,  treasurer  to  receive  the  same  as  other 
taxes  are  received  by  him  and  after  receipt  thereof  to  keep  the  same 
in  a  separate  fund  and  upon  receipt  of  same,  or  any  part  thereof,  it 
shall  be  the  duty  of  such  county  treasurer  within  thirty  days  thereafter 
to  pay  the  same  and  all  thereof  to  the  treasurer  of  the  state  of  Cali- 
fornia, who  shall  receive  and  keep  the  same  and  deposit  the  same  in  a 
separate  fund  to  the  credit  of  the  said  district,  and  to  be  paid  out  by 
him  upon  the  order  and   approval  of  the   said  irrigation  board. 

All  moneys  received  under  contracts,  leases  or  other  arrangements 
by  such  conservation  district  from  any  canal  companies,  mutual  or  other 
water  companies,  reclamation  districts,  or  from  any  corporations,  in- 
dividuals, or  other  sources  not  herein  otherwise  provided  for  shall  be 
collected  by  said  irrigation  board  and  by  it  deposited  with  the  state 
treasurer,  and  thereafter  to  be  disbursed  as  provided  as  to  funds  of 
such  district  under  the  order  and  direction  of  such  irrigation  board  for 
the  purposes  and  obligations  of  said  district,  including  the  payment 
and  retirement  of  outstanding  bonds  with  interest  thereon. 

From  and  after  the  time  of  the  filing  of  such  assessment-roll  of  such 
district  with  the  auditor  of  any  county  the  taxes  therein  enumerated, 
levied  and  assessed,  shall  be  regarded  and  treated  as  are  the  other 
taxes  of  said  county  or  the  school  districts  thereof  and  the  same  shall 
be  included  in  and  considered  a  part  of  such  taxes  and  the  same  shall 
become  delinquent  at  the  same  time  and  in  the  same  manner  as  such 
other  taxes,  and  with  respect  to  any  delinquency  or  delinquent  notices 
the  same  shall  become  delinquent  and  notice  thereof  shall  be  published 
with  and  at  the  same  time  and  in  the  same  manner  as  other  delinquent 
taxes  and  the  same  shall  be  similarly  treated  for  all  purposes  of  notice 
and  sale  tliereof  for  sucli  delinquejit  taxes,  and  shall  be  subject  to  re- 
demption from  such  delinquent  district  taxes  at  the  same  time  and 
in  the  same  nianiuT  uihI  tiirough  the  same  officials  as  are  such  other 
taxes.  And  any  and  all  charges  and  penalties  in  connection  with  such 
delinquency  and  interest  thereon  and  jxMialties  in  connection  therewith 
shall  be  similarly  charged  and  collected,  and  the  amounts  so  collected 
on  account  of  any  such  delinquent  taxes  or  interest  or  penalties  thereon 
shall  be  received  by  tin'  county  treasurer  and  paid  over  to  the  state 
treasurer  in  the  same  Mianncr  as  is  hereinabove  provided  and  in  the 
event  of  the  sale  of  any  property  for  delinquent  taxes  of  such  counties 


935  iRKiGATJON.  Act  17321,  §  16 

or  other  delinquent  taxes,  said  district  taxes  shall  be  included  therein 
and  said  property  shall  be  sold  therefor  in  connection  with  and  includ- 
ing such  other  taxes,  and  upon  a  redemption  thereof  or  upon  a  sale  of 
said  lands  the  said  district  taxes  shall  be  included  therein  and  together 
with  interest  and  penalties  thereon  the  same  shall  be  received  and  paid 
over  to  the  county  treasurer,  and  by  him  paid  over  to  the  state  treasurer, 
as  hereinbefore  provided. 

§  16.  Issue  of  bonds.  Estimate  of  amount  necessary.  Examination 
by  engineer.  Special  election.  Evidence  of  ownership.  Notice.  Con- 
duct of  election.  Bonds.  Coupons.  Sale  of  bonds.  Determination  of 
validity.  Warrants.  Legal  investments.  Additional  bonds.  At  any 
time  after  the  irrigation  board  shall  have  made  the  examinations,  sur- 
veys, plans  and  estimates  of  cost  for  the  storage,  diversion  and  distribu- 
tion of  water,  and  for  the  other  purposes  enumerated  in  this  act,  and 
after  the  same  has  been  entered  in  the  minutes  of  said  board  and  shall 
have  also  had  assessed  and  apportioned  upon  the  lands  in  said  conserva- 
tion district  the  charges  and  benefits  and  apportionments  provided  for 
in  this  act,  and  after  such  apportionment  and  assessment-roll  shall  have 
been  finally  fixed  and  approved  by  the  said  board,  and  after  the  same 
has  been  entered  in  the  minutes  of  the  said  board  must,  as  soon  as  may 
be  practicable,  proceed  and  issue  the  bonds  of  said  district  for  the 
purposes  aforesaid. 

The  said  board  shall,  in  connection  with  the  previous  estimates  made 
and  adopted  by  it,  estimate  the  amount  of  money  necessary  to  be  raised 
by  such  bond  issue  for  the  purposes  of  said  district,  as  aforesaid,  and 
shall  ascertain  and  determine  the  same  and  enter  its  order  to  that  effect 
in  the  minutes  of  said  board.  And  whenever  thereafter  the  construc- 
tion fund  has  been  exhausted  by  expenditures  herein  authorized,  and  it 
is  necessary  to  raise  additional  money  for  such  purposes,  it  shall  be  the 
duty  of  said  board  to  estimate  and  determine  the  amount  of  money 
necessary  to  be  raised  for  such  additional  purposes. 

For  the  purposes  of  such  bond  issue,  or  additional  bond  issue,  the  said 
board  shall  be  authorized  to  employ  engineers  and  other  assistants  ;.nd 
make  all  such  further  examinations  and  estimates  as  may  be  necessary, 
to  fix  and  determine  such  matters  and  the  conclusion  and  estimates  of 
said  board  shall  be  entered  in  its  minutes.  Said  irrigation  board  shall 
by  order  entered  in  its  records  order  a  special  election  to  be  held  at  such 
places  in  said  district  as  shall  be  designated  by  said  irrigation  board, 
and  at  least  one  such  place  shall  be  designated  as  a  voting  place  in  each 
nnit  of  said  conservation  district  at  which  said  election  there  shall  be 
submitted  to  the  owners  of  land  in  said  district  the  question  of  whether 
or  not  the  bonds  of  said  district  shall  be  issued  in  the  amount  specified 
in  the  order  of  said  board,  and  which  amount  shall  be  stated  in  the 
order  for  such  special  election.  For  all  purposes  of  this  act  relating  to 
signing  petitions  and  voting  at  any  election,  and  for  all  other  purposes 
where  the  question  of  title  to  land  claimed  to  be  owned  by  such  voter 
or  owner  is  involved,  the  equalized  assessment-roll  for  the  year  last 
preceding  in  each  county  wherein  any  land  of  the  said  district  is  situ- 
ated, shall  be  sufficient  evidence  of  ownership  of  lands  in  the  district. 
Guardians,  executors,   administrators   and   other  persons   holding  land  in 


Act  17321,  §16  GENERAL    LAWS.  936 

n  trust  L-apaeity  umler  appoiiitiiiciit  of  court  may  sign  any  such  petition 
and  may  vote  without  obtaining  any  .special  authority  therefor.  Said 
irrigation  board  shall  at  the  time  of  calling  the  said  election  designate 
in  its  order  the  voting  places  at  which  election  shall  be  held  and  where 
votes  shall  be  cast  and  shall  designate  three  land  holers  of  the  district 
to  act  as  a  board  of  election  at  each  voting  place. 

Xotiee  of  such  special  election  must  be  given  by  the  irrigation. board 
by  posting  notice  thereof  in  at  least  three  public  places  in  each  unit  of 
the  district  at  least  twenty  days  [irior  thereto,  and  also  by  publishing 
such  -notice  once  a  week  for  the  same  length  of  time  in  some  newspaper 
of  general  circulation,  published  in  each  county  in  which  any  portion 
of  said  district  may  be  situated,  or  if  there  be  no  newspaper  published 
in  any  one  of  such  counties,  then  in  each  county  wherein  such  newspaper 
is  published:  and  such  notice  must  specify  the  time  and  place  of  holding 
said  election  and  the  aggregate  face  value  of  bonds  proposed  to  be  issued 
and  the  names  of  three  land  holders  of  said  district  to  act  as  a  board 
of  election  at  each  polling  place.  Affidavits  of  the  publication  and  post- 
ing of  such  notice  must  be  filed  with  the  clerk  of  said  irrigation  board. 

At  such  election  each  owner  of  lands  in  the  district  shall  be  entitled 
to  vote  in  person  or  by  proxy,  and  shall  have  the  right  to  cast  one  vote 
for  each  acre  of  real  estate  owned  by  him  in  the  district,  such  ownership 
to  be  determined  from  the  next  preceding  assessment-roll  of  the  county 
or  counties  in  which  the  lands  of  the  district  are  situated  and  the  irri- 
gation board  shall,  prior  to  the  election,  cause  to  be  prepared  and  cer- 
tified and  fiirnished  to  the  board  of  election  at  each  polling  place,  a  true 
and  correct  copy  of  each  of  said  next  preceding  assessment-rolls  so 
far  as  such  assessment-roll  applies  to  any  laiids  within  such  district, 
which  said  certified  rolls  shall  be  used  by  the  board  of  election  in  deter- 
mining the  number  of  votes  each  voter  is  entitled  to  east.  Executors, 
administrators,  special  administrators  and  guardians  maj^  cast  the  vote 
of  the  estates  represented  by  them.  No  person  shall  vote  by  proxy  at 
such  election  unless  authority  to  cast  such  vote  shall  be  evidenced  by 
an  instrument  in  writing,  duly  acknowledged  and  certified  in  the  same 
manner  as  grants  of  real  property  and  filed  with  the  board  of  election. 

The  ballots  cast  at  such  election  shall  contain  the  words  "bonds, 
yes"  or  "bonds,  no"  and  also  the  name  of  the  person  casting  the  ballot, 
with  the  number  of  votes  cast  by  him.  A  list  of  the  ballots  cast  shall 
be  made  by  the  board  of  election  containing  the  name  of  each  voter, 
and,  if  the  ballots  be  cast  by  proxy,  the  name  of  the  person  casting  it 
and  the  number  of  votes  cast  by  each  nnd  wheth(>r  tlie  same  be  cast 
for  or  against  the  issuing  of  bonds. 

If  any  person  ap|)ointed  as  a  member  of  the  board  of  election  shall 
fail  to  attend  at  the  opening  of  the  polls,  the  voters  then  present,  voting 
individually,  may  appoint  in  his  place  ;iiiy  landholder  in  the  district. 
Each  member  of  said  Ijoaid  of  election  lunsf.  before  entering  upon  his 
duties,  take  jind  sul)sciih('  ;in  ofllicial  o;i1h.  to  <';iitlifnl]y  perforin  his 
duties  as  an  oflii-er  of  such  elect  inn,  which  oath  may  be  ■■idmiiiistered  by 
an  officer  autliorized  to  aduiinister  onths,  or  bv  ;i  landholder  in  the 
district. 

The  polls  shall  lie  kept  open  from  ten  o'clock  A.  M.  of  the  day  of 
election   until   fi\e   n'llock    1'.    M.   of    tl:at   day. 


987  IRRIGATION.  Act  17321,  §  16 

At  the  close  of  the  polls  the  board  of  election  shall  at  once  proceed 
to  canvass  the  votes  and  declare  the  result,  and  shall  forward  a  certifi- 
cate showing  such  result  and  the  number  of  votes  cast  for  and  against 
the  issuing  of  the  bonds  to  the  irrigation  board  and  shall  also  deliver  to 
the  said  irrigation  board  all  ballots  cast  at  such  election  and  all  docu- 
ments and  papers  used  at  such  election. 

Said  irrigation  board  shall,  upon  the  receipt  of  such  canvass  and 
declaration  of  the  result  from  the  said  board  of  election,  proceed  to 
examine  the  same  an<l  shall  ascertain  and  declare  the  result  as  shown 
by  such  canvass  and  declaration,  and  shall  enter  an  order  in  its  min- 
utes that  the  said  proposition  for  the  issuance  of  said  bonds  has  been 
carried  or  defeated,  as  the  case  may  be. 

Forthwith,  upon  the  declaration  of  the  result  of  said  election  by  said 
irrigation  board,  the  secretary  of  said  board  shall  make  a  certified  copy 
of  the  order  of  said  board,  declaring  the  result  of  said  election,  and  shall 
forward  said  certified  copy  or  copies  to  the  recorder  or  recorders  of  the 
counties  in  which  any  land  of  said  conservation  district  may  be  situated, 
and  the  same  shall  forthwith  be  filed  and  recorded  in  said  recorder  or 
recorders'  office,  and  shall  impart  notice  to  all  interested  persons  as  to 
the  result  of  said  election. 

Any  person  owning  property  within  the  said  district,  liable  to  assess- 
ment, may  contest  such  election,  by  filing  a  written  contest  specifying 
the  grounds  of  his  objections  thereto,  with  said  irrigation  board,  said 
written  contest  to  be  filed  within  thirty  days  after  the  declaration  of 
the  result  of  said  election  by  said  irrigation  board,  and  if  no  such  con- 
test and  objections  be  filed  within  thirty  days,  no  such  contest  and  objec- 
tions shall  thereafter  be  received  or  filed.  Such  written  contest  shall 
specify  the  ground  or  grounds  of  contest  to  said  election,  and  upon  the 
filing  of  the  same  with  said  irrigation  board  shall  expeditiously  set  the 
said  contest  for  hearing,  and  shall  have  the  right  to  postpone  the  hear- 
ing for  such  time  as  may  be  necessary,  but  not  otherwise,  and  shall 
expeditiously  hear  and  determine  the  same.  For  the  purposes  of  such 
hearing  the  board  may  by  subpoena,  signed  by  the  secretary,  under  its 
seal,  compel  the  attendance  of  witnesses  and  the  production  of  evidence, 
i^isobedience  of  such  subpoena  or  of  any  lawful  order  of  the  board 
in  the  premises  shall  constitute  a  contempt  of  the  authority  of  the 
board  punishable  by  the  board  in  accordance  with  title  five  of  part 
three,  of  the  Code  of  Civil  Procedure,  and  shall  also  constitute  a  misde- 
meanor under  section  one  hundred  sixty-six  of  the  Penal  Code.  Said 
irrigation  board  shall,  upon  the 'conclusion  of  said  hearing  of  said  eon- 
test,  proceed  forthwith  to  enter  its  order  and  decision  thereon.  Such 
decision  on  the  part  of  said  irrigation  board  shall  be  final,  conclusive 
and  binding  upon  all  parties  interested  as  to  validity  and  as  to  result 
of  such  election  and  shall  be  subject  to  review  only  in  event  suit  is 
brought  by  the  said  district  or  by  some  person  or  corporation  or  asso- 
ciation authorized  to  bring  the  same  to  determine  the  question  of  the 
validity  of  the  said  bond  issue,  and  in  the  determination  and  adjudica- 
tion of  the  question  of  the  validity  of  said  bond  issue,  as  hereinafter 
s))ecificd,  the  court  may  review  and  consider  the  validity  of  said  election 
for  the  issuance  of  said  bonds,  but  in  such  action  the  certificate  and 
determination    of    said    irrigation    lioard    shall   be   received    and    accepted 


Act  17321,  §  16  GENERAL    LAWS.  938 

by  tlie  court  as  prima  facie  evidence  of  the  result  as  to  the  validity  of 
said  election  and  the  regularity  of  the  canvassing,  counting  and  return 
of  the  votes  east  at  said  election.  If  a  majority  of  the  votes  cast  at 
such  an  election  is  in  favor  of  the  issuance  of  bonds,  the  irrigation 
board  after  canvassing  the  returns  and  declaring  the  result  of  said  elec- 
tion shall  cause  bonds  in  the  amount  stated  in  the  order  for  the  election 
to  be  issued,  executed  and  delivered  to  the  state  treasurer  of  the  state 
of  California.  Said  bonds  shall  be  of  the  denomination  of  not  less  than 
one  hundred  dollars  nor  more  than  one  thousand  dollars  each;  they  shall 
be  signed  by  the  president  of  the  irrigation  board  and  attested  by  the 
secretary  thereof,  and  shall  be  numbered  consecutively  in  the  order  of 
their  maturity,  and  shall  bear  interest  at  the  rate  not  exceeding  six 
per  centum  per  annum,  payable  semi-annually  on  the  first  day  of  Jan- 
uary and  the  first  day  of  July  in  each  year,  at  the  office  of  said  state 
treasurer,  upon  the  presentation  of  the  proper  coupons  therefor.  Cou- 
pons for  each  installment  of  interest  shall  be  attached  to  said  bonds 
and  shall  bear  the  facsimile  signature  of  the  state  treasurer  of  the  state 
of  California. 

The  principal  of  said  bonds  shall  be  made  payable,  by  an  order  en- 
tered into  the  minutes  of  the  irrigation  board,  upon  the  first  day  of 
July  or  the  first  day  of  January,  and  in  such  years  as  the  irrigation 
board  may  prescribe.  Said  bonds  shall  be  payable  serially  within  forty 
years  from  their  date  in  the  manner  following,  to  wit: 

Not  less  than  five  per  cent  of  the  aggregate  face  value  of  the  bonds 
issued  shall  be  payable  each  year,  beginning  not  later  than  the  twentieth 
year  from  their  date  until  the  whole  amount  of  said  bonds  have  been 
paid. 

Said  irrigation  board,  subject  to  the  provisions  of  this  act,  is  au- 
thorized and  empowered  to  take  all  such  actions  and  make  all  such 
orders  as  may  be  necessary  in  connection  with  the  issuance,  sale  and  dis- 
position of  said  bonds. 

Said  bonds  may  be  substantially  in  the  following  form: 

UNITED  STATES  OF  AMEEICA. 

STATE  OF  CALIFORNIA. 

No. $ 

(Name  of  district)   Conservation  District  No. ,  for  value  received, 

hereby  acknowledges  itself  indebted  to  and  promises  to  pay  to  the  holder 
hereof  at  the  office  of  the  state  treasurer  of  the  state  of  California,  on 

the  first  day  of  ,  19 — ,  the  sum  of  $ ,  in  gold  coin  of  the  United 

States   of   America,   with   interest   thereon   in   like   gold   coin   from   date 

hereof  until   paid,  at  the   rate   of  per  cent  per  annum,  payable  at 

the  office  of  said  treasurer  semi-annually  on  the  first  day  of  January 
and  the  first  day  of  July  in  each  year  on  presentation  and  surrender  of 
the  interest  coupons  hereto  attached.  This  bond  is  one  of  a  series  of 
l)onds  of  like  tenor  and  effect,  except  as  to  denomination  and  ma- 
turity, numbered  from to  ,  inclusive,  amounting  in  the  aggre- 
gate  to  $ ,   issued   in   accordance  with   the   California  irrigation  act, 

pursuant   to  an   election  held   in   said   district  on  the day  of  , 

i!> — ,  authorizing  ils  issuance,  and  is  based  upon  and  secured  by  a  lien 
njion   MUfl  a  vahiatinn  and  apportionment  levied  on  the  land  in  said  dis- 


939  IRRIGATION.  Act  1732i,  §  IG 

tiict  and  filed  in  the  office  of  the  state  irrlgatiou  board  on  the  day 

of  ,   19 — .     And   the   said   district  does   hereby   certify   and   declare 

that  said  election  was  duly  called  and  held  upon  due  notice,  and  the 
result  thereof  was  duly  canvassed  and  ascertained,  in  pursuance  of  and 
in  strict  conformity  with  the  laws  of  the  state  of  California  applicable 
thereto,  and  that  all  of  the  acts  and  conditions  and  things  required  by 
law  to  be  done  precedent  to  and  in  the  issue  of  said  bonds  have  been 
done  and  have  been  performed  in  regular  and  in  due  form  and  in  strict 
accordance  with  the  provisions  of  the  law  authorizing  the  issuance  of  such 
district  bonds. 

In  testimony  whereof,  the  said  conservation  district,  acting  by  and 
through  the  irrigation  board  of  the  state  of  California,  has  caused  this 
bond  to  be  signed  by  the  president  of  said  irrigation  board,  and  attested 

by  the  secretary  thereof,  with  his  seal  of  office  affixed,  this  day  of 

,   19-. 

By , 

President  of  said  board. 

Attest: , 

Secretary  of  said  board. 

And  the  interest  coupon  may  be  substantially  in  the  following  form: 
No.  $ 

The  state  treasurer  of  the  state  of  California  will  pay  to  the  holder 
hereof  on  the  — • —  day  of  — ■ — ,  19 — ,  at  his  office  in  the  city  of  Sacra- 
mento, state  of  California,  the  sum  of  $ in  gold  coin  of  the  United 

States  out  of  the  funds  of  — —  district  — —  for  interest  on  bond  of 
said  district  numbered  . 

State  treasurer. 
The  state  treasurer  shall  place  the  bonds  prepared  pursuant  to  this 
act  to  the  credit  of  the  district  and  the  irrigation  board  may  in  its  dis- 
cretion direct  the  state  treasurer  to  sell  the  whole  or  any  designated 
number  of  said  bonds  for  the  best  price  obtainable  therefor,  but  in  no 
event  for  less  than  ninety  per  cent  of  the  face  value  of  said  bonds  and 
the  accrued  interest  thereon.  BefoVe  making  a  sale  of  said  bonds,  notice 
shall  be  given  by  the  state  treasurer  by  publication  at  least  once  a 
week  for  three  weeks  in  a  newspaper  of  general  circulation  published 
in  the  city  of  Sacramento,  and  also  one  or  more  papers  in  said  district, 
that  he  will  sell  a  specified  amount  of  said  bonds,  and  stating  the  day, 
hour  and  place  of  such  sale,  and  asking  sealed  proposals  for  the  purchase 
of  said  bonds,  or  any  part  thereof.  At  the  time  appointed  the  state 
treasurer  shall  open  the  bids  and  award  the  bonds  to  the  highest  re- 
sponsible bidder.  He  niay  reject  any  and  all  bids.  Any  sale  by  the 
state  treasurer  and  delivery  of  the  bonds  thereunder  shall  be  conclusive 
evidence  in  favor  of  the  purchaser  and  all  subsequent  holders  of  the 
bonds  that  such  sale  was  made  upon  due  authority  and  notice.  The 
proceeds  of  sale  of  said  bonds  shall  be  placed  in  the  state  treasury  to 
the  credit  of  said  district^  and  a  projj^r  record  of  such  transaction  shall 
be  made  upon  his  books.  At  any  time  after  said  bonds  shall  hai-e  been 
delivered  to  the  state  treasurer,  an  action  may  be  commenced,  in  the 
superior  court  of  the  county  within  which  is  situated  the  largest  area 
of  land  within  said  district  by  the  irrigation  board  in  the  name  of  the 


Act  17321,  §  16  GENERAL    LAWS.  940 

district  or  by  any  unit  of  said  district  or  by  any  person  owning  property 
within  the  said  district  liable  to  assessment.  Such  action  shall  be 
brought  and  prosecuted  against  the  lands  in  said  district  and  all  per- 
sons owning  the  same  or  interested  therein,  to  have  it  determined  as  to 
whether  or  not  said  bonds  when  sold  will  be  a  legal  obligation  of  such 
district.  It  shall  be  sufficient  to  describe  said  lands  as  all  lands  in  the 
district  (naming  it)  without  a  more  specific  description.  The  summons 
shall  be  published  once  a  week  for  three  weeks  in  some  newspaper  of 
general  circulation  published  in  the  county  where  the  action  is  pending. 
Within  thirty  days  after  the  first  publication  of  summons  any  owner 
of  land  in  such  district,  or  any  person  interested,  may  appear  and 
answer  the  complaint,  which  answer  shall  set  forth  the  facts  relied  upon 
to  show  the  invalidity  of  said  bonds.  The  default  of  all  defendants 
not  so  appearing  may  be  entered.  Such  action  shall  be  given  precedence 
in  hearing  and  trial  over  all  other  civil  actions  in  such  court  and  judg- 
ment rendered  declaring  such  matter  so  contested  either  valid  or  invalid. 
Any  party  not  in  default  may  have  the  right  to  appeal  to  the  supreme  . 
court  within  thirty  days  after  entry  of  judgment  and  said  appeal  and 
the  hearing  thereof  shall  be  expedited  in  said  court.  Judgment  for  the 
plaintiff  i^  such  proceedings  shall  be  considered  as  a  judgment  in  rem 
and  shall  be  conclusive  against  said  district  and  against  all  lands 
therein  and  all  owners  thereof  and  all  other  interested  persons. 

The  irrigation  board  may  draw  warrants  upon  the  state  treasurer 
against  the  funds  provided  by  sale  of  said  bonds. 

The  money  derived  from  the  sale  of  any  of  said  bonds  shall  be  re- 
ceived by  the  state  treasurer  and  shall  by  him  be  safely  kept  and  placed 
to  the  credit  of  said  district  in  a  fund  to  be  designated  in  the  name 
of  such  district  for  the  said  district  and  may  be  drawn  and  expended 
upon  warrants  drawn  against  said  fund  as  in  this  act  provided. 

Bonds  of  any  district  issued  pursuant  to  the  provisions  of  this  act 
which  are  investigated  and  approved  by  any  commission  or  officer  now 
or  hereafter  authorized  by  the  laws  of  this  state  to  conduct  such  inves- 
tigation and  give  such  approval  and  by  authority  of  which  approval 
said  bonds  are  declared  to  be  legal  investments  for  savings  banks  may 
be  lawfully  purchased  or  received  in  pledge  for  loans  by  banks,  trust 
companies,  guardians,  executors,  administrators  and  special  adminis- 
trators, or  by  any  public  officer  or  officers  of  this  state,  or  of  any  county, 
city,  city  and  county  or  other  municipal  or  corporate  body  within  the 
state  having  or  holding  funds  which  they  are  allowed  by  law  to  invest 
or  loan. 

If  after  said  district  has  autliorized  the  issuance  and  sale  of  a  series 
of  bonds  under  this  act,  it  shall  become  necessary  so  to  do,  an  additional 
bond  issue  or  series  of  bonds  may  be  authorized  and  sold  and  all  pro- 
ceedings shall  be  had  and  taken,  and  all  procedure  in  connection  with 
said  second  issue  or  series  of  bonds  shall  be  had  and  taken  in  accord- 
ance with  the  provisions  of  this  act  as  to  the  first  issue  of  bonds; 
provided,  that  said  second  issue  or  series  of  bonds  shall  not  be  issued 
so  as  tO|  in  any  manner  interfere  #ith  the  lien  or  security  of  the  pay- 
ment of  the  first  issue  of  bonds,  and  said  second  issue  or  series  of  bonds 
shall,  as  to  the  lieu  thereof  and  as  to  the  .security  of  same,  lie  subsequent 
and  subordinate  and  subject  to  such   first   bond   issue 


941  IRRIGATION.  Act  17321,  §  17 

§  17.  Surveys,  etc.,  of  irrigation  district.  Conunissioners  to  assess 
land.  Assessment-roll.  Hearing.  Objections.  Approval  of  assessment. 
Lien.  Annual  levy.  Additional  levy.  Surplus.  Duties  of  auditors  and 
tax    collectors.     Moneys    received   under    contracts.     Delinquent   taxes. 

The  irrigation  board  shall,  upun  the  organization  of  any  irrigation  dis- 
trict as  in  this  act  provided,  proceed  to  make  or  cause  to  be  made,  all 
necessary  examinations,  surveys,  plans  and  estimates  of  cost  for  the 
storage,  diversion  and  distribution  of  water  and  the  generation  of  elec- 
tric power  in  connection  therewith,  and  the  sale  and  distribution 
thereof  as  may  be  necessary  or  requisite  to  enable  said  board  to  ascer- 
tain and  estimate  the  requirements  and  works  necessary  as  aforesaid 
for  the  purposes  of  said  irrigation  district  and  the  probable  cost  and 
expense  thereof,  and  in  that  connection  may  use  and  adopt  all  previous 
estimates,  surveys  and  reports  it  may  have  collected  adapted  to  that 
purpose,  and  may  employ  all  necessary  engineers  and  other  assistants 
for  the  accomplishment  of  said  purposes,  and  the  cost  thereof  shall  be 
deemed  a  part  of  the  expense  of  said  project  and  may  issue  warrants 
therefor  and  same  shall  bear  interest  fron^  date  of  issue  at  the  rate 
of  six  per  cent  per  annum  until  paid,  and  shall  be  payable  out  of  the 
funds  of  said  district,  and  may  be  included  in  anj-  bond  issue  authorized 
for  the  purposes  of  said  district. 

Such  estimate  as  is  above  provided  for  shall  be  in  such  form  as  shall 
be  approved  by  said  irrigation  board  and  shall  be  entered  in  the  min- 
utes of  said  board  and  shall  constitute  a  part  of  the  records  of  said 
board,  and  the  same,  or  a  copy  thereof,  certified  by  the  secretary  of 
said  board,  shall  be  admissible  as  evidence  in  anyproceeding  befor?  any 
court,  commission  or  tribunal  of  this  state  wherein  the  matters  therein 
set  fortli  shall  be  admissible  in  evidence. 

Whenever,  for  anj'  of  the  purposes  of  this  act,  the  irrigation  board 
shall  deem  it  necessary  for  the  purposes  of  said  irrigation  district, 
or  the  levying  of  an  assessment  upon  the  property  therein,  or  the  issu- 
ance of  bonds  by  said  irrigation  district,  said  board  shall  appoint  three 
commissioners  for  such  purpose  or  purposes.  Such  commissioners  shall 
have  no  interest  in  any  land  in  the  irrigation  district,  either  directly 
or  indirectly,  and  each  commissioner  before  entering  upon  his  duties 
shall  make  and  subscribe  an  oath  that  he  is  not  in  any  manner  interested 
directly  or  indirectly  in  any  land  in  said  irrigation  district,  and  that 
he  will  perform  the  duties  of  commissioner  to  the  best  of  his  ability. 
Thereupon  said  commissioners  shall  proceed  to  view  and  assess  upon 
the  land  within  said  irrigation  district  a  sum  sufficient  to  cover  said 
estimated  amount  and  shall  apportion  the  same  according  to  the  bene- 
fits which  will  accrue  to  each  tract  of  land  within  said  irrigation  district, 
«!uch  benefits 'to  be  estimated  according  to  the  benefits  which  will  accrue 
to  each  tract  of  land  in  such  irrigation  district  by  reason  of  the 
expenditure  of  said  estimated  sum,  and  shall  estimate  the  same  in  gold 
coin  of  the  United   States. 

Said  commissioners  shall  prepare  and  certify  a  roll  on  whicl^  thcj- 
shall  state  the  names  and  address  of  the  owner  of  each  parcel  of  land 
in  such  irrigation  district,  or  if  the  name  or  address  of  any  owner  is 
unknown,  then,  that  fact;  also  a  description  of  each  parcel  of  land 
by   legal    subdivisions    or    boundaries,    and    the     total     amount   assessed 


Act  17321,  §  17  GENERAL   LAWS.  942 

against  each  parcel  of  land  so  described.  Xo  mistake  in  the  name  of 
the  owner,  or  supposed  owner  of  any  parcel  of  land,  shall  invalidate 
the  apportionment  or  assessment.  A  separate  roll  shall  be  made  for 
the  lands  in  each  county  where  such  irrigation  district  includes  land 
in  more  than  one  county.  When  completed  said  roll  or  rolls  shall  be 
filed  with  the  irrigation  board  and  certified  copies  of  the  particular 
roll  for  each  county  shall  be  filed  with  the  county  recorder  of  any 
county  in  which  any  lands  within  said  irrigation  district  may  be,  and 
each  roll  shall  be  open  for  inspection  by  the  public  for  at  least  thirty 
days. 

The  irrigation  board  shall  appoint  a  time  and  place  not  less  than 
thirty  days  after  said  roll  has  been  filed  with  said  recorder  or  recorders 
when  and  where  it  will  meet,  within  the  county  in  which  the  greater  por- 
tion of  said  irrigation  district  is  situated  for  the  purpose  of  hearing  objec- 
tion to  said  assessment  and  the  apportionment  thereof  and  notice  of  such 
hearing  shall  be  published  at  least  once  a  week  for  two  sucessive  v.-eeks 
in  some  newspaper  published  in  each  county  in  which  any  lands  within 
said  irrigation  district  may  be.  At  any  time  before  or  at  the  original 
date  of  such  hearing,  any  person  interested  in  any  real  estate  upon 
which  any  charge  has  been  apportioned  and  assessed,  may  file  in  the 
office  of  the  secretary  of  said  irrigation  board  written  objections  thereto, 
stating  the  grounds  of  such  objections,  which  said  statements  shall  be 
verified  by  the  affidavit  of  such  person  or  some  other  person  who  is 
familiar  with  the  facts.  Said  irrigation  board  may  postpone  such  hear- 
ing from  time  to  time.  At  such  hearing  the  irrigation  board  shall  hear 
such  evidence  as  may  be  offered  touching  the  correctness  of  such  assess- 
ment or  the  manner  of  its  apportionment  and  may  modify  or  amend  the 
same  and  may  reapportion  all  or  any  part  of  the  entire  assessment. 
No  assessment  or  apportionment  shall  be  increased  except  upon  the  hear- 
ing of  objections  thereto  or  after  personal  notice  or  notice  by  mail  to  the 
owner  of  the  land  upon  which  said  increase  is  made.  Said  irrigation 
board  must  make  and, enter  in  its  minutes  an  order  approving  said 
assessment  and  apportionment  as  finally  fixed,  and  the  decision  of  said 
irrigation  board  shall  be  final,  and  thereafter  said  assessment  and 
apportionment  shall  be  conclusive  evidence  of  the  validity  of  said 
assessment  and  apportionment,  and  no  action  or  defense  shall  ever  be 
maintained  attacking  the  same  in  any  respect.  And  the  records  of 
said  irrigation  board,  or  a  copy  thereof  certified  by  its  secretary,  shall 
be  received  in  evidence  in  all  or  any  of  the  courts  of  this  state,  or 
l)eforc  an}-^  board  or  tribunal  authorized  to  hear  or  consider  any  matter 
wherein  the  same  shall  be  admissible  as  evidence.  No  change  shall 
be  made  in  said  assessment  or  apportionment  after  the  consideration, 
approval  and  fixing  thereof  by  said  irrigation  board  arid  all  assess- 
ments upon  the  property  of  said  irrigation  district  thereafter  shall 
be  levied  in  accordance  therewith  and  consistent  with  the  apportion- 
ment of  benefits  therein  provided  for  and  fixed,  and  if  any  assessments 
arc  (railed  for  or  required  in  addition  to  tlie  original  amount  estimated 
and  api)ortioncd  for  the  purposes  of  said  irrigation  district,  such  addi- 
tional amount  shall  be  assessed,  levied  and  raised  in  accordance  with 
said  apportionment  and  assessment  of  l)eiiefits  so  fixed  in  the  first 
ins(fin'-<'  by  sjiid   irrigation  board.     .\   certified  copy  of  such  assessment 


943  IRRIGATION.  Act  1732i,  i?  17 

and  apportionment  roll  as  finally  approved  shall  be  filed  in  the  olfiee 
of  tlie  county  recorder  of  each  county  in  which  any  land  within  said 
irrigation  district  is  situated.  Such  assessment  and  apportionment  shall 
thereafter  constitute  a  first  lien  upon  the  land  affected  thereby  until 
the  full  amount  thereof  is  paid  or  until  all  bonds  of  the  irrigation  dis- 
trict issued  thereon,  together  with  the  accrued  interest,  shall  have 
been  fully  paid.  The  said  irrigation  board  shall  on  the  first  Tuesday 
in  May  following  the  fixing  and  approval  of  said  assessment  and  ap- 
portionment therein  provided  for,  and  annually  thereafter  on  said  date, 
levy  an  assessment,  sufficient  to  raise  the  annual  interest  on  the  out- 
standing bonds  of  said  irrigation  district,  and  in  any  year  in  which 
any  bonds  shall  fall  due  must  increase  such  assessment  to  an  amount 
sufficient  to  pay  the  principal  of  the  outstanding  bonds  as  they  mature; 
also  sufficient  to  pay  in  full  all  sums  that  may  become  due  from  the 
irrigation  district  before  the  time  of  collection  of  the  next  annual 
assessment,  including  an  amount  sufficient  to  pay  in  full  the  amount 
of  any  contract  or  obligation  of  the  irrigation  district  which  may  come 
due  during  said  year  or  may  have  been  reduced  to  judgment,  and  to 
provide  for  and  maintain  a  fund  out  of  which  the  current  and  contingent 
obligations  of  said  irrigation  district  can  be  paid  in  cash  as  they 
mature.  In  addition  to  the  amounts  estimated  as  necessary  for  the 
purposes  aforesaid,  a  further  levy  of  fifteen  per  cent  additional  shall 
be  included  and  levied  for  the  purposes  of  meeting  any  additional 
amounts  that  may  be  required  on  account  of  delinquencies  and  to  insure 
the  payment  of  all  of  the  bonded  indebtedness,  including  the  interest 
thereon  and  other  obligations  of  said  irrigation  district  at  maturity. 
Whenever  there  is  a  surplus  in  the  funds  of  said  district  over  and  above 
all  requirements  as  herein  specified  for  the  payment  of  the  bonded 
indebtedness  and  interest  thereon  and  accrued  obligations  of  said  irri- 
gation district,  such  a  surplus  may  be  used  and  applied  in  retiring  the 
outstanding  bonds  or  any  thereof  of  said  irrigation  district.  The  sec- 
retary of  the  irrigation  board  must  compute  and  enter  in  a  separate 
column  of  the  assessment-book  the  respective  sums  in  dollars  and  cents 
to  be  paid  as  an  assessment  upon  the  property  therein  enumerated. 
In  so  doing,  said  secretary  shall  enter  the  names  of  the  owners  of  such 
lands  and  the  descriptions  thereof  in  accordance  with  the  last  assessment- 
roll  of  the  county  in  which  the  said  lands  are  situated.  Such  assessment 
must  be  so  levied  and  computed  as  to  be  in  accordance  with  the  appor- 
tionment and  assessment  of  benefits  herein  provided  for  and  so  that  all 
lands  within  said  irrigation  district  shall  be  assessed  and  required  to  pay 
in  accordance  therewith. 

The  secretary  of  said  board  shall  forthwith  deliver  a  certified  copy  of 
that  portion  of  said  assessment  so  directed  to  be  entered  by  him,  so  far 
as  it  applies  or  appertains  to  any  land  within  any  county  situated  within 
said  irrigation  district  to  the  county  auditor  of  such  county,  and  such 
auditor  shall  accept  and  receipt  for  the  same  and  thereupon  it  shall  be 
the  duty  of  said  auditor  to  include  said  assessment  as  an  assessment 
against  each  parcel  or  tract  of  land  therein  described.  It  shall  be  the 
duty  of  said  auditor  to  examine  and  ascertain  as  to  any  errors  or  dis- 
crepancies that  may  exist  in  said  roll  as  to  the  ownership  of  or  the  de- 
scriptions of  land  as  applied  to  any  owner  or  owners  thereof  as  compared 


Act  1732i,  §  17  GENERAL    LAWS. 


[)U 


with  the  assessment-roll  of  the  said  county  for  such,  year,  and  if  any 
such  difference  or  discrepancies  are  found,  it  shall  be  the  duty  of  said 
auditor  to  correct  the  same  accordingly  so  that  the  said  roll  as  to  owner- 
ships and  descriptions  of  land  and  assessments  thereof  shall  correspond 
to  the  assessment-roll  of  said  county  and  for  such  year.  And  it  shall  be 
his  duty  to  audit,  enter  and  certify  the  same  to  the  tax  collector  of  said 
county  for  collection  in  the  same  manner  and  form  as  county,  school  dis- 
trict and  other  taxes  are  included  and  certified  by  him  to  such  tax  col- 
lector, and  all  such  assessments  shall  constitute  a  first  lien  upon  the  lands 
affected  thereby  as  hereinbefore  provided. 

Upon  receipt  of  the  same  from  the  auditor  of  such  county  it  shall  be 
the  duty  of  the  tax  collector  of  said  county  to  include  the  same  as  a  sepa- 
rate entry  and  charge  against  the  land  therein  described  and  to  collect 
the  same  with  the  county,  school  district  and  other  taxes  so  required  to 
be  collected  by  such  county  tax  collector  and  to  keep  and  deposit  such 
irrigation  district  taxes  in  a  separate  fund,  and  when  the  same  is  col- 
lected it  shall  be  the  duty  of  such  tax  collector  to  pay  the  same  over  to 
the  treasurer  of  such  county  at  the  same  time  and  in  the  same  manner 
as  other  taxes  collected  by  him  are  paid  over  to  such  treasurer,  and  it 
shall  be  the  duty  of  such  treasurer  to  receive  the  same  as  other. taxes  are 
received  by  him  and  after  receipt  thereof  to  keep  the  same  in  a  separate 
fund  and  upon  receipt  of  same,  or  any  part  thereof,  it  shall  be  the  duty 
of  such  county  treasurer  within  thirty  daj's  thereafter  to  pay  the  same 
and  all  thereof  to  the  treasurer  of  the  state  of  California,  who  shall  re- 
ceive and  keep  the  same  and  deposit  the  same  in  a  separate  fund  to  the 
credit  of  the  said  district,  and  to  be  paid  out  hy  him  upon  the  order  and 
approval  of  the  said  irrigation  board. 

All  moneys  received  under  contracts,  leases  or  other  arrangements  by 
such  irrigation  district  from  any  canal  companies,  mutual  or  other  water 
companies,  recla?nation  districts,  or  from  any  corporations,  individuals, 
or  other  sources  not  herein  otherwise  provided  for,  shall  be  collected  by 
said  irrigation  board  and  by  it  deposited  with  the  state  treasurer,  and 
tlieroafter  to  be  disbursed  as  provided  as  to  funds  of  such  irrigation  dis- 
trict under  the  order  and  direction  of  such  irrigation  board  for  the  pur- 
poses and  obligations  of  said  irrigation  district,  including  the  payment 
and  retirement  of  outstanding  bonds  with  interest  thereon. 

From  and  after  the  time  of  the  filing  of  such  assessment-roll  of  such 
irrigation  district  with  the  auditor  of  any  county  the  taxes  therein  enu- 
merated, levied  and  assessed,  shall  be  regarded  and  treated  as  are  the 
other  taxes  of  said  county  or  the  school  districts  thereof  and  the  same 
shall  be  included  in  and  considered  a  part  of  such  taxes  and  the  same 
shall  become  delinquent  at  the  same  time  and  in  the  same  manner  as 
such  other  taxes,  and  witli  respect  to  any  delinquency  or  delinquent 
notices  the  same  shall  become  delinquent  aiul  notice  thereof  shall  be  pub- 
lished with  and  at  the  same  time  ami  in  the  same  manner  as  other  de- 
linquent taxes  and  the  same  shall  be  similarly  treated  for  all  purposes 
of  notice  and  sale  thereof  for  such  delinquent  taxes,  and  shall  be  subject 
to  redemption  from  such  (lelin(|uent  irrigation  district  taxes  at  the  same 
time  and  in  the  hiwuc.  manner  and  Ihrongli  tlie  same  officials  as  arc  such 
other  taxes.  .And  any  and  all  charges  and  penalties  in  connection  there- 
with  shall   be  similarly   chiirgf'd   and   collected,  and  the  amounts  so  col- 


^■15  IHRIGATION.  Act  1732i,  ^  18 

lected  on  account  of  ajiy  sucIl  di'liju^uent  taxes  or  iutorest  or  peuulties 
thereon  shall  be  received  by  the  county  treasurer  and  paid  over  to  the 
state  treasurer  in  the  same  manner  as  is  hereinabove  provided,  and  in  the 
event  of  the  sale  of  any  property  for  delinquent  taxes  of  such  counties 
or  other  delinquent  taxes,  said  irrigation  district  taxes  shall  be  included 
therein  and  said  property  shall  be  sold  therefor  in  connection  with  and 
includiiHg  such  other  taxes,  and  upon  a  redemption  thereof  or  upon  a 
sale  of  said  lauds  the  said  irrigation  district  taxes  shall  be  included 
therein  and  together  with  interest  and  penalties  thereon  the  same  shall 
be  received  and  paid  over  to  the  county  treasurer,  and  by  him  paid  over 
to  the  state  treasurer,  as  hereinbefore  provided. 

§  18.  Issue  of  bonds.  Estimate  of  amount  necessary.  Examination 
by  engineer.  Special  election.  Manner  of  conducting.  Bonds,  issuance 
and  form  of.  Interest  coupons.  Sale  of  bonds.  Action  to  determine  if 
bonds  legal.  Warrants.  Bond,  legal  investments.  Additional  bond 
issue.  At  any  time  after  the  irrigation  board  shall  have  made  the  ex- 
aminations, surveys,  plans  and  estimates  of  cost  for  the  storage,  diversion 
and  distribution  of  water,  and  for  the  other  purposes  enumerated  in  this 
act,  and  after  the  same  has  been  entered  in  the  minutes  of  said  board 
and  shall  have  also  had  assessed  and  apportioned  upon  the  lands  in  any 
irrigation  district  organized  under  the  provision  of  this  act  the  charges 
and  benefits  and  apportionments  provided  for  in  this  act,  and  after  such 
apportionment  and  assessment-roll  shall  have  been  finally  fixed  and 
approved  by  the  said  board,  and  after  the  same  has  been  entered  in  the 
minutes  of  the  said  board  must,  as  soon  as  may  be  practicable,  proceed 
and  issue  the  bonds  of  said  irrigation  district  for  the  purposes  aforesaid. 

The  said  board  shall,  in  connection  with  the  previous  estimates  made 
and  adopted  by  it,  estimate  the  amount  of  money  necessary  to  be  raised 
by  such  bond  issue  for  the  purposes  of  said  irrigation  district,  as  afore- 
said, and  shall  ascertain  and  determine  the  same  and  enter  its  order  to 
that  effect  in  the  minutes  of  said  board.  And  whenever  thereafter  the 
construction  fund  of  said  irrigation  district  has  been  exhausted  by  ex- 
penditures herein  authorized,  and  it  is  necessary  to  raise  additional 
money  for  such  purposes,  it  shall  be  the  duty  of  said  board  to  estimate 
and  determine  the  amount  of  money  necessary  to  be  raised  for  such  addi- 
tional purposes. 

For  the  purposes  of  such  bond  issue,  or  additional  bond  issue,  the  said 
board  shall  be  authorized  to  employ  engineers  and  other  assistants  and 
make  all  such  further  examinations  and  estimates  as  may  be  necessary, 
to  fix  and  determine  such  matters  and  the  conclusion  and  estimates  of 
said  board  shall  be  entered  in  its  minutes.  Said  irrigation  board  shall 
by  order  entered  in  its  records  order  a  special  election  to  be  held  at  such 
place  or  places  in  said  irrigation  district  as  shall  be  designated  by  said 
irrigation  board,  at  which  said  election  there  shall  be  submitted  to  the 
ow^ners  of  land  in  said  irrigation  district  the  question  whether  or  not  the 
bonds  of  said  district  shall  be  issued  in  the  amount  specified  in  the  order 
of  said  board,  and  which  amount  shall  be  stated  in  the  order  for  such 
special  election.  For  all  purposes  of  this  act  relating  to  signing  peti- 
tions and  votings  at  any  election,  and  for  all  other  purposes,  where  the 
question  of  title  to  land  claimed  to  be  owned  by  such  voter  or  owner 
60 


Act  17321,  §  18  GENERAL   LAWS.  946 

is  involved,  tlie  equalized  assessment-roll  for  the  year  last  preceding  in 
each  county  wherein  any  land  of  the  said  irrigation  district  is  situated, 
shall  be  sufficient  evidence  of  ownership  of  lands  in  the  irrigation  dis- 
trict. Guardians,  executors,  administrators  and  other  persons  holding 
land  in  a  trust  capacity  under  appointment  of  court  may  vote  without 
obtaining  any  special  authority  therefor.  Said  irrigation  board  shall  at 
the  time  of  calling  the  said  election  designate  in  its  order  thfe  voting 
place  or  places  at  which  said  election  shall  be  held  and  where  votes  shall 
be  cast  and  shall  designate  three  landholders  of  the  irrigation  district  to 
act  as  a  board  of  election  at  each  voting  place. 

Notice  of  such  special  election  must  be  given  by  the  irrigation  board 
by  posting  notice  thereof  in  at  least  three  public  places  in  such  irriga- 
tion district  at  least  twenty  days  prior  thereto,  and  also  by  publishing 
such  notice  once  a  week  for  the  same  length  of  time  in  some  newspaper 
of  general  circulation,  published  in  each  county  in  which  any  portion  of 
said  irrigation  district  may  be  situated,  or  if  there  be  no  newspaper  pub- 
lished in  any  one  of  such  counties,  then  in  each  county  wherein  such 
newspaper  is  published;  and  such  notice  must  specify  the  time  and  place 
of  holding  said  election  and  the  aggregate  face  value  of  bonds  proposed 
to  be  issued  and  the  names  of  three  landholders  of  said  irrigation  dis- 
trict to  act  as  a  board  of  election  at  each  polling  place.  Affidavits  of 
the  publication  and  posting  of  such  notice  must  be  filed  with  the  secre- 
tary of  said  irrigation  board. 

At  such  election  each  owner  of  lands  in  the  district  shall  be  entitled 
to  vote  in  person  or  by  proxy,  and  shall  have  the  right  to  cast  one  vote 
for  each  acre  of  real  estate  owned  by  him  in  the  irrigation  district,  such 
ownership  to  be  determined  from  the  next  preceding  assessment-roll  of 
the  county  or  counties  in  which  the  lands  of  the  irrigation  district  are 
situated  and  the  irrigation  board  shall,  prior  to  the  election,  cause  to  be 
prepared  and  certified  and  furnished  to  the  board  of  election  at  each 
polling  place,  a  true  and  correct  copy  of  each  of  said  next  preceding  as- 
sessment-rolls so  far  as  such  assessment-roll  applies  to  any  lands  within 
such  irrigation  district,  which  said  certified  roll  shall  be  used  by  the 
board  of  election  in  determining  the  number  of  votes  each  voter  is  en- 
titlecl  to  cast.  Executors,  administrators,  special  administrators  and 
guardians  may  cast  the  vote  of  the  estates  represented  by  them.  No 
person  shall  vote  bj'  proxy  at  such  election  unless  authority  to  cast  such 
vote  shall  be  evidenced  by  an  instrument  in  writing,  duly  acknowledged 
and  certified  in  the  same  manner  as  grants  of  real  property  and  filed  with 
tlie  board  of  election. 

Tlie  ballots  cast  at  such  election  slinll  contain  llie  words,  "bonds,  yes" 
or  "bonds,  no"  and  also  the  name  of  the  person  casting  the  ballot,  with 
the  number  of  votes  cast  by  him.  A  list  of  the  ballots  cast  shall  be  made 
by  the  board  of  election  containing  the  name  of  each  voter,  and,  if  the 
ballots  be  cast  by  proxy,  the  name  of  the  person  casting  it  and  the  num- 
ber of  votes  cast  ])y  each  and  whether  the  same  be  cast  for  or  against 
the  issuing  of  bonds. 

If  any  person  appointed  as  a  member  of  the  board  of  election  shall 
fail  to  attend  at  the  opening  of  the  polls,  the  voters  then  present,  vot- 
ing individually,  may  appoint  in  his  place  any  landholder  in  the  irri- 
gation  district.     Each   member   of   said   board  of   election   must,  before 


947  IRRIGATION.  Act  17321,  §  18 

entering  upon  his  duties,  take  and  subscribe  an  offic-ial  oath,  to  faith- 
fully perform  his  duties  as  an  oflficor  of  such  election,  which  oath  may  be 
administered  by  any  officer  authorized  to  administer  oaths,  or  by  a 
land  holder  in  the  irrigation  district. 

The  polls  shall  be  kept  open  from  ten  o'clock  A.  M.  of  the  day  of 
election  until  five  o'clock  P.  M.  of  that  day. 

At  the  close  of  the  polls  the  board  of  election  shall  at  once  proceed 
to  canvass  the  votes  and  declare  the  result  and  shall  forward  a  cer- 
tificate showing  such  result  and  the  number  of  votes  cast  for  and  against 
the  issuing  of  the  bonds  to  the  irrigation  board  and  shall  also  deliver 
to  the  said  irrigation  board  all  ballots  cast  at  such  election  and  all 
documents  and  papers  used  at  such  election. 

Said  irrigation  board  shall,  upon  the  receipt  of  such  canvass  and  dec- 
laration of  the  result  from  the  said  board  of  election,  proceed  to  ex- 
amine the  same  and  shall  ascertain  and  declare  the  result  as  shown  by 
such  canvass  and  declaration,  and  shall  enter  an  order  in  its  minutes 
that  the  said  proposition  for  the  issuance  of  said  bonds  has  been  car- 
ried Or  defeated,  as  the  case  may  be. 

Forthwith,  upon  the  declaration  of  the  result  of  said  election  by  said 
irrigation  board,  the  secretary  of  said  board  shall  make  a  certified  copy 
of  the  order  of  said  board,  declaring  the  result  of  said  election,  and 
shall  forward  said  certified  copy  or  copies  to  the  recorder  or  recorders 
of  the  counties  in  which  any  land  of  said  irrigation  district  may  be 
situated,  and  the  same  shall  forthwith  be  filed  and  recorded  in  said 
recorder  or  recorders'  office,  and  shall  impart  notice  to  all  interested 
persons  as  to  the  result  of  said  election. 

Any  person  owning  property  within  the  said  irrigation  district,  liable 
to  assessment,  may  contest  such  election,  by  filing  a  written  contest 
specifying  the  grounds  of  his  objection  thereto,  with  said  irrigation 
board,  said  written  contest  to  be  filed  within  thirty  days  after  the  dec- 
laration of  the  result  of  said  election  by  said  irrigation  board,  and  if 
no  such  contest  and  objections  be  filed  within  thirty  days,  no  such 
contest  and  objections  shall  thereafter  be  received  or  filed.  Such  writ- 
ten contest  shall  specify  the  ground  or  grounds  of  contest  to  said  elec- 
tion, and  upon  the  filing  of  the  same  with  said  irrigation  board  it  shall 
expeditiously  set  the  said  contest  for  hearing,  and  shall  have  the  right 
to  postpone  the  hearing  for  such  time  as  may  be  necessary,  but  not 
otherwise,  and  shall  expeditiously  hear  and  determine  the  same.  For 
the  purposes  of  such  hearing  the  board  may  by  subpoena  signed  by  the 
secretary  under  its  seal  compel  the  attendance  of  witnesses  and  the  pro- 
duction of  evidence.  Disobedience  of  such  subpoena  or  of  any  lawful 
order  of  the  board  in  the  premises  shall  constitute  *a  contempt  of  the 
authority  of  the  board  punishable  by  the  board  in  accordance  with 
title  five  of  part  three  of  the  Code  of  Civil  Procedure,  and  shall  also 
constitute  a  misdemeanor  under  section  one  hundred  sixty-six  of  the 
Penal  Code.  Said  irrigation  board  shall,  upon  the  conclusion  of  said 
hearing  of  said  contest,  proceed  forthwith  to  enter  its  order  and  de- 
cision thereon.  Such  decision  on  the  part  of  said  irrigation  board  shall 
be  final,  conclusive  and  binding  upon  all  parties  interested  as  to  validity 
and  as  to  result  of  such  election  and  shall  be  subject  to  review  only 


Act  17321,  §  18  GENERAL    LAWS.  948 

in  the  event  suit  is  brought  by  the  said  irrigation  district  or  by  some 
person  or  corporation  or  association  authorized  to  bring  the  same  to 
determine  the  question  of  the  validity  of  the  said  bond  issue,  and  in 
the  determination  and  adjudication  of  the  question  of  the  validity  of 
said  bond  issue,  as  hereinafter  specified,  the  court  may  review  and  con- 
sider the  validity  of  said  election  for  the  issuance  of  said  bonds,  but 
in  such  action  the  certificate  and  determination  of  said  irrigation  board 
shall  be  received  and  accepted  by  the  court  as  prima  facie  evidence 
of  the  result  as  to  the  validity  of  said  election  and  the  regularity  of 
the  canvassing,  counting  and  return  of  the  votes  east  at  said  election. 
If  a  majority  of  the  votes  cast  at  such  an  election  is  in  favor  of  the 
issuance  of  bonds,  the  irrigation  board  shall  after  canvassing  the  re- 
turns and  declaring  the  result  of  said  election  cause  bonds  of  said 
irrigation  district  in  the  amount  stated  in  the  order  for  the  election  to 
be  issued,  executed  and  delivered  to  the  state  treasurer  of  the  state  of 
California.  Said  bonds  shall  be  of  the  denomination  of  not  less  than 
one  hundred  dollars  nor  more  than  one  thousand  dollars  each;  they 
shall  be  signed  by  the  president  of  the  irrigation  board  and  attested 
by  the  secretary  thereof,  and  shall  be  numbered  consecutively  in  the 
order  of  their  maturity,  and  shall  bear  interest  at  the  rate  not  exceed- 
ing six  per  centum  per  annum,  payable  semi-annually  on  the  first  day 
of  January  and  the  first  day  of  July  in  each  year,  at  the  office  of  said 
state  treasurer,  upon  the  presentation  of  the  proper  coupons  therefor. 
Coupons  for  each  installment  of  interest  shall  be  attached  to  said  bonds 
and  shall  bear  the  facsimile  signature  of  the  state  treasurer  of  the 
state  of  California. 

The  principal  of  said  bonds  shall  be  made  payable,  by  an  order  entered 
into  the  minutes  of  the  irrigation  board,  upon  the  first  day  of  July  or  the 
first  day  of  January,  and  in  such  years  as  the  irrigation  board  may 
prescribe.  Said  bonds  shall  be  payable  serially  within  forty  years 
from  their  date  in  the  manner  following,  to' wit: 

Not  less  than  five  per  cent  of  the  aggregate  face  value  of  the  bonds 
issued  shall  be  payable  each  year,  beginning  not  later  than  the  twen- 
tieth year  from  their  date  until  the  whole  amount  of  said  bonds  have 
been  paid. 

Said  irrigation  board,  subject  to  the  provisions  of  this  act,  is  author- 
ized and  empowered  to  take  all  such  actions  and  ma^e  all  such  oraers 
as  may  be  necessary  in  connection  with  the  issuance,  sale  and  disposi- 
tion of  said  bonds. 

Said  bonds  may  bo  substantially  iu  the  following  form: 

iJNITED  STATES  -OF  AMERICA. 
STATE  OF  CALIFORNIA. 

No.  ^       "" 

Name  of  district  Irrigation   District   

(Name  of  district)  Irrigation  District,  for  value  received,  hereby 
acknowledges  itsc^lf  indebted  to  and  promises  to  pay  to  the  holder 
liereof   at   the   office   of   the   state   treasurer   of   the   state   of   California, 

on    the  first  day  of  ,  19—    the  sura  of  $ ,  in  gold  coin  of  the 

United  States  of  America,  with  interest  thereon   in   like  gold  coin  from 


949  IRRIGATION.  Act  17321,  §  18 

date  hereof  uutil  paid,  at  the  rate  of  per  cent  per  annum,  payable 

at  the  office  of  said  treasurer  scmi-anunally  on  the  first  day  of  January 
and  the  first  day  of  July  in  each  year  on  presentation  and  surrender 
of  the  interest   coupons  hereto   attached.     This  bond  is  one   of   a  series 

of  bonds  of  lilce  tenor  and  effect,  except  as   to   denomination   and 

maturity,     numbered    from    to    inclusive,     amounting    in    the 

aggregate   to   $ issued   in   accordance   with  the   California   irrigation 

act,  pursuant  to  an  election  held  in  said  district  on  the  day  of 

19 — ,  authorizing  its  issuance,  and  is  based  upon  and  secured  by  a  lien 
upon  and  a  valuation  and  apportionment  levied  on  the  land  in  said  irri- 
gation  district   and  filed   in   the   ofiice  of   the   state  irrigation  board   on 

the  'day  of  19 — ;    and   the   said   district   does   hereby   certify 

and  declare  that  said  election  was  duly  called  and  held  upon  due  notice, 
and  the  result  thereof  was  duly  canvassed  and  ascertained,  in  pursuance 
of  and  in  strict  conformity  with  the  laws  of  the  state  of  California  ap- 
plicable thereto,  and  that  all  of  the  acts  and  conditions  and  things 
required  by  law  to  be  done  precedent  to  and  in  the  issue  of  said  bonds 
have  been  done  and  have  been  performed  in  regular  and  in  due  form 
and  in  strict  accordance  with  the  provisions  of  the  law  authorizing  the 
issuance  of  such  irrigation  distj'ict  bonds. 

In  testimony  whereof,  the  said  irrigation  district,  acting  by  and 
through  the  irrigation  board  of  the  state  of  California,  has  caused  this 
bond  to  be  signed  by  the  president  of  said  irrigation  board,  and  attested 

by  the  secretarj^  thereof,  with  his  seal  of  office  affixed,  this  day  of 

,  19—. 

By . 

President  of  said  board. 

Attest: , 

Secretary  of  said  board. 

And  the  interest  coupon  may  be  substantially  in  the  following  form: 
No.  .  "  $ . 

The  state  treasurer  of  the  state  of  California  will  pay  to  the  holder 
hereof  on  the  day  of 19 — ,  at  his  office  in  the  city  of  Sacra- 
mento, state  of  California,  the  sum  of  $ in  gold  coin  of  the  United 

States  out  of  the  funds  of  irrigation  district  for  interest  on 

bond  of  said   irrigation   district  numbered  . 

> 
State  treasurer. 

The  state  treasurer  shall  place  the  bonds  prepared  pursuant  to  this 
act  to  the  credit  of  the  irrigation  district  and  the  irrigation  board  may 
in  its  discretion  direct  the  state  treasurer  to  sell  the  whole  or  any  desig- 
nated number  of  said  bonds  for  the  best  price  obtainable  therefor,  but 
in  no  event  for  less  that  ninety  per  cent  of  the  face  value  of  said  bonds 
and  the  accrued  interest  thereon.  Before  making  a  sale  of  said  bonds, 
notice  shall  be  given  by  the  state  treasurer  by  publication  at  least  once 
a  week  for  three  weeks  in  a  newspaper  of  ^general  circulation  published 
in  the  city  of  Sacramento,  and  also  one  or  more  papers  in  the  county 
in  which  the  greater  portion  of  said  irrigation  district  is  situated,  that 
he  will  sell  a  specified  amount  of  said  bonds,  and  stating  the  day,  hour 
and  place    of   such   sale,    and   asking   sealed   proposals    for    the    purchase 


Act  1732i,  §  18  GENERAL   LAWS.  950 

of  said  bonds,  or  auy  part  thereof.  At  the  time  appointed  the  state 
treasurer  shall  open  the  bids  and  award  the  bonds  to  the  highest  re- 
sponsible bidder.  He  may  reject  any  and  all  bids.  Any  sale  by  the 
state  treasurer  and  delivery  of  the  bonds  thereunder  shall  be  conclusive 
evidence  in  favor  of  the  purchaser  and  all  subsequent  holders  of  the 
bonds  that  such  sale  was  made  upon  due  authority  and  notice.  The 
proceeds  of  sale  of  said  bonds  shall  be  placed  in  the  state  treasury  to 
the  credit  of  said  irrigation  district,  and  a  proper  record  of  such  trans- 
action shall  be  made  upon  his  books.  At  any  time  after  said  bonds 
shall  have  been  delivered  to  the  state  treasurer,  an  action  may  be  com- 
menced in  the  superior  court  of  the  county  within  which  is  situated 
the  largest  area  of  laud  within  said  irrigation  district  by  the  irrigation 
board  in  the  name  of  the  irrigation  district  or  by  any  person  owning 
property  within  the  said  irrigation  district  liable  to  assessment.  Such 
action  shall  be  brought  and  prosecuted  against  the  lands  in  said  irriga- 
tion district  and  all  persons  owning  the  same  or  interested  therein,  to 
have  it  determined  as  to  whether  or  not  said  bonds  when  sold  will  be 
a  legal  obligation  of  such  irrigation  district.  It  shall  be  suf3S.cient  to 
describe  said  lands  as  all  lands  in  the  irrigation  district  (naming  it) 
without  a  more  specific  description.  The  summons  shall  be  published 
once  a  week  for  three  weeks  in  some  newspaper  of  general  circulation 
published  in  the  county  where  the  action  is  pending.  Within  thirty 
days  after  the  first  publication  of  summons  any  owner  of  land  in  such 
irrigation  district,  rfr  any  person  interested,  may  appear  and  answer 
the  complaint,  which  answer  shall  set  forth  the  facts  relied  upon  to 
show  the  invalidity  of  said  bonds.  The  default  of  all  defendants  not  so 
appearing  may  be  entered.  Such  action  shall  be  given  precedence  in 
hearing  and  trial  over  all  other  civil  actions  in  such  court  and  judgment 
rendered  declaring  such  matter  so  contested  either  valid  or  invalid. 
Any  party  not  in  default  may  have  the  right  to  appeal  to  the  supreme 
court  within  thirty  days  after  entry  of  judgment  and  said  appeal  and 
the  hearing  thereof  shall  be  expedited  in  said  court.  Judgment  for 
the  plaintiif  in  such  proceedings  shall  be  considered  as  a  judgment  in 
rem  and  shall  be  conclusive  against  said  district  and  against  all  lands 
therein  and  all  owners  thereof  and  all  other  interested  persons. 

The  irrigation  board  may  draw  warrants  upon  the  state  treasury 
against  the  funds  provided  by  sale  of  said  bonds. 

The  money  derived  from  the  sale  of  any  of  said  bonds  sluill  be 
roceived  by  the  state  treasurer  and  shall  by  him  be  safely  kept  and 
placed  to  the  credit  of  said  irrigation  district  in  a  fund  to  be  designated 
in  the  name  of  such  irrigation  district  for  the  said  irrgation  district 
and  may  be  drawn  and  expend('<l  npnn  w;irrants  drawn  against  said  fund 
as  in  this  act  provided. 

Bonds  of  any  irrigation  district  issued  pursuant  to  the  ]irovisioiis  of 
this  act  which  arc  investigated  and  approved  by  any  commission  or 
officer  now  or  hereafter  authorized  by  a  law  of  this  state  to  conduct 
Buch  approval  and  by  authority  of  which  approval  said  bonds  are  de- 
clared to  be  legal  investments  for  savings  banks  may  be  lawfully  pur- 
cliased  or  received  in  pledge  for  loans  by  banks,  trust  companies, 
gwarilians,    executors,   administrators  and    si)ecial   administrators,    or  by 


951  IRRIGATION.  Act  1732J,  §§  1, 2 

any  public  officer  or  officers  of  this  state,  or  of  auy  county,  city,  city 
and  county  or  other  municipal  or  corporate  body  within  the  state  having 
or  holding  funds  which  they  are  allowed  by  law  to  invest  or  loan. 

If  after  said  irrigation  district  has  authorized  the  issuance  and  sale 
of  a  series  of  bonds  under  this  act,  it  shall  become  necessarj'  so  to  do  an 
additional  bond  issue  or  series  of  bonds  may  be  authorized  and  sold  and 
all  proceedings  shall  be  had  and  taken,  and  all  procedure  in  connection 
with  said  second  issue  or  series  of  bonds  shall  be  had  and  taken  in  ac- 
cordance with  the  provisions  of  this  act  as  to  the  first  issue  of  bonds; 
provided,  that  said  second  issue  or  series  of  bonds  shall  not  be  issued 
so  as  to  in  any  manner  interfere  with  the  lien  or  security  of  the  pay- 
ment of  the  first  issue  of  bonds,  and  said  second  issue  or  series  of  bonds 
shall,  as  to  the  lien  thereof  and  as  to  the  security  of  same,  be  subse- 
quent and  subordinate  and  subject  to  such  first  bond  issue. 

§  19.     Not  applicable  to   counties   with  charter,   or  city  and  county. 

Nothing  in  this  act  contained  shall  affect,  or  a[>ply  to,  any  irrigation, 
protection,  flood  control,  conservation,  or  other  improvement  district 
situated  wholly  or  in  part  within  any  county  which  lias  adopted  a  char- 
ter pursuant  to  section  seven  and  one-half  of  article  eleven  of  the  con- 
stitution of  California,  ratified  and  approved  as  provided  therein,  prior 
to  June  4,  1915,  or  within  any  city  and  county;  and  said  board  shall 
have  no  power  of  jurisdiction  within  any  of  said  districts  or  within  such 
counties  or  city  and  county. 

ACT  1732  j. 

An  act  authorizing  and  empowering  irrigation  and  reclamation  districts 
to  enter  into  contracts  with  the  United  States  Eeclamation  Service 
for  the  reclamation  of  lands  within  such  district  under  the  provi- 
sions of  the  so-called  "twenty  year  extension  act." 

[Approved  May  21,  1917.     Stats.  1917,  p.  781.     In  effect  July  27,  1917.] 

§  1.  Irrigation  and  reclamation  districts  may  contract  with  United 
States  Reclamation  Service.  The  board  of  trustees,  or  directors  of  any 
irrigation  or  reclamation  district  now  organized  under  the  provisions  of 
the  laws  of  the  state  of  California,  or  of  any  irrigation  or  reclamation 
district  hereafter  organized  under  the  laws  of  the  state  of  California, 
may,  in  their  discretion,  whenever  it  is  determined  by  such  board  that  it 
is  for  the  best  interests  of  such  districts,  enter  into  a  contract  with  the 
proper  officers  of  the  United  States  Eeclamation  Service  for  the  reclama- 
tion, either  by  drainage  or  irrigation  of  lands  within  the  boundaries  of 
such  district,  or  by  preventing  high  water  from  overflowing  the  same, 
under  t^e  provisions  of  an  act  of  congress  approved  August  13,  1914,  en- 
titled "An  act  extending  the  period  of  payment  under  reclamation  pro- 
jects, and  for  other  purjDOses,"  which  act  is  commonly  known  as  the 
twenty-year  extension  act,  and  from  and  after  the  execution  of  such  con- 
tract, the  amount  of  indebtedness  created  thereby  shall  be  and  become 
a  lien  upon  the  lands  to  be  benefited  by  such  reclamation  work. 

§  2.  Payment  of  amounts  due.  The  board  of  trustees  or  directors  of 
any  irrigation  or  reclamation  district  above  mentioned,  shall  provide  by 


Act  1732k,  §§  1,  2  GENERAL   LAWS.  952 

a  resolution  duly  adopted  at  a  regular  meeting,  or  special  meeting  of 
such  board  called  for  the  purpose,  for  the  payments  of  the  amounts  to 
become  due  under  the  contract  with  the  United  States,  according  to  the 
provisions  of  such  contract,  by  assessment  upon  the  lands,  in  such  dis- 
trict, which  are  to  be  benefited  by  such  work,  such  assessment  to  be 
collected  by  the  tax  collector  of  the  county  within  which  such  lands  are 
situated,  the  same  as  other  taxes  are  collected,  or  by  any  other  officer 
authorized  by  law  to  collect  assessments  within  said  district. 

ACT  1732k. 

All  act  defining  a  private  irrigation  plant  and  mutual  water  company 
and  providing  the  conditions  under  which  the  owner  of  a  private 
irrigation  plant  or  a  mutual  water  company  may  deliver  water  to 
others  or  others  than  its  stockholders  or  members  without  becoming 
a  public  utility,  and  limiting  such  authority  to  the  time  the  United 
States  is^  a  party  to  war  or  to  a  state  of  war;  and  declaring  this 
act  to  be  an  urgency  measure. 

[Approved  May  5,  1917.     Stats.   1917,  p.  281.     In  effect  immediately.] 

§  1.  "Private  irrigation  plant."  (a)  The  term  "private  irrigation 
plant,''  when  used  in  this  act,  shall  be  construed  to  mean  a  water  system 
which  is  not  operated  by  a  mutual  water  company  as  herein  defined  or 
by  a  public  utility  as  defined  in  the  public  utilities  act,  approved  Decem- 
ber 23,  1911,  and  acts  amendatory  thereof,  or  in  the  act  entitled  "An 
act  providing  for  the  regulation  of  water  companies,  defining  their  pow- 
ers and  duties,  defining  the  powers  and  duties  of  the  railroad  commis- 
sion with  reference  thereto,  and  defining  the  conditions  under  which 
such  water  companies  became  subject  to  the  provisions  of  the  public 
utilities  act  and  the  railroad  commission  of  the  state  of  California," 
approved  April  2.5,  1913. 

(b)  "Mutual  water  company."  The  term  "mutual  water  company." 
when  nsed  in  this  act,  moans  any  private  corporation  or  association  or- 
ganized for  the  purpose  of  deli\pring  water  solely  to  its  stockholders 
or  members  at  cost. 

§  2.  Water  may  be  delivered  to  other  than  stockholders,  when.  State- 
ment filed  with  railroad  commission.  For  Iho  solo  purpose  of  increas- 
ing the  output  of  agricultural  prodncls  in  this  state  during  the  time 
the  United  States  is  a  party  to  war  or  to  a  state  of  war,  the  owner  of 
any  private  irrigation  plant  or  any  mutual  water  company  may  at  its 
option  deliver  water  to  others  or  others  than  its  stockholders  or  mem- 
bers, with  or  without  compensation,  without  becoming  a  public  utility 
subject  1o  the  jiirisiiid  ion  of  the  I'ailroad  commission  of  tlie  state  of 
California;  [uoviiioil,  tlmt  no  delivery  of  water  to  others  than  stock- 
holders or  iiiemlxMs  sIimII  lio  aiithoii/COij  until  tho  orders  for  water  of 
all  stoekholdei's  or  iiioinliors  in;iilo  in  iifrdriiiuico  with  tho  constitution, 
by-laws,  rules  or  regulations  of  such  mutual  water  company  iiave  been 
filled,  and  provided,  further,  that  the  temporary  service  herein  author- 
ized sliall  nol  be  construed  as  granting  any  riglit  to  render  or  receive 
Huch  service  more  than  six  months  after  such  war  need  has  ceased;  and 
|)io\idi'd.    furtiior,    that     af'tor    .luno    first,    diji'     thousand    nine    hundred 


1)53  iRKiuATioK.  Act  17321,  §§  1-3 

seveutft'ii,  no  sin^'li  temporary  sorvici'  of  water  shall  be  made  unless  a 
statement  is  lirst  filed  with  the  railroad  commission  stating  the  private 
irrigation  plant  or  mutual  water  eom[iany  rendering  such  service,  the 
party  receiving  such  service,  the  lands  irrigated  and  the  rate,  if  any, 
charged  ior  such  service. 

§3.  Urgency  measure.  This  act  is  horeby  declared  to  be  an  urgency 
measure,  and  luider  the  jirovisions  of  section  1  of  article  four  of  the 
constitution  of  the  state  of  California  shall  take  effect  immediately. 
The  facts  constituting  such  urgency  are  as  follows:  The  United  States 
is  now  in  a  state  of  war  and  there  is  a  shortage  of  crops  in  this  state 
and  throughout  the  nation  generally.  It  is  therefore  necessary  for  the 
immediate  preservation  of  public  safety  that  this  act  take  effect  imme- 
diately so  that  the  use  of  water  in  the  irrigated  area  and  the  resulting 
crop  returns  of  the  state  may  be  increased  to  the  maximum  output 
without   delay. 

ACT  17321. 

An  act  to  provide  for  co-operation  in  acquisition,  construction  and  man- 
agement of  irrigation  and  drainage  works  between  irrigation  dis- 
tricts organized  or  existing  under  or  by  virtue  of  an  act  entitled 
"An  act  to  provide  for  organization  and  government  of  irrigation 
districts  and  to  provide  for  the  acquisition  thereby  of  works  for  the 
irrigation  of  the  lands  embraced  within  such  districts,  and  also  to 
provide  for  the  distribution  of  water  for  irrigation  purposes," 
approved  March  31,  1897,  and  contiguous  or  adjoining  districts  in 
or  organized   under  the  laws   of  other   states. 

[Api>roved  May  23,  1917.     Stats.   1917.  p.  90.5.     In  effect  July  27,  1917.] 

§  1.  Irrigation  districts  may  co-operate  with  districts  in  adjoining 
states.  It  shall  be  lawful  for  irrigation  districts  organized  or  existing 
under  or  by  virtue  of  an  act  entitled  "An  act  to  provide  for  the  organ- 
ization and  government  of  irrigation  districts,  and  to  provide  for  the 
acquisition  or  construction  thereby  of  works  for  the  irrigation  of  the 
lands  embraced  within  such  districts,  and  also  to  proide  for  the  distri- 
bution of  water  for  irrigation  purposes,"  approved  March  31,  1897,  to 
enter  into  agreements  with  irrigation  districts  in  adjoining  states  for 
the  joint  construction,  acquisition,  management  and  control  of  divert- 
ing, impounding  or  distributing  works  for  irrigation  or  draining  the  lands 
wuthiu  the  boundaries  of  their  respective  districts. 

§2.  Contracts.  Such  agreements  may  be  evidenced  by  written  con- 
tracts executed  on  hehalf  of  their  respective  boards  of  directors  or  trus- 
tees, or  by  resolutions  entered  upon  their  respective  minutes.  Such  con- 
tracts or  certified  copies  thereof  and  certified  copies  of  such  resolutions 
shall  be  recorded  in  the  office  of  the  county  recorder  in  each  county  in 
which  is  situated  any  of  the  lands  of  said  districts  or  any  of  the  reservoir 
sites  or  other  real  property  owned  by  said  districts  or  acquired  under 
the   provisions  of  this  act. 

§3.  Ownership  of  property.  Such  agreements  may  provide  for  joint 
or  several  ovvnesship  or  ownership  iu  common  of  the  property,  necessary 


Act  1770a  GENERAL  LAWS.  954 

or  convenient  for  the  purposes  of  this  act  and  may  provide  for  the  terms 
and  conditions  under  which  or  the  respective  proportions  in  which  such 
property  shall  be  held.  Any  rights  or  disputes  arising  out  of  or  from 
said  agreements  may  be  tried  before  and  enforced  by  any  court  of  com- 
petent jurisdiction  in  the  state. 

§  4,  Meetings  held  in  adjoining  state  legal.  Any  meeting  of  the 
board  of  directors  of  any  such  district,  held  in  conjunction  with  the 
board  of  directors  of  the  co-operating  district,  in  such  district  in  the 
adjoining  state,  if  duly  and  regularly  called  as  required  by  law  or  if 
regularly  adjourned  to,  shall  be  as  lawful  and  valid  as  if  held  at  the 
office  of  the  board  of  directors  of  such  district  in  this  state. 

§  5.  Lawful  to  divert  water  from  state.  It  shall  be  lawful,  for  the 
purposes  of  such  co-operative  action  to  divert  water  from  this  state  for 
impounding  in  the  adjoining  state  or  otherwise  for  distribution  to  the 
lands  of  the  co-operating  districts  regardless  of  the  state  in  which  such 
lands  are  situated  or  to  divert  water  from  such  adjoining  state  for  im- 
pounding or  otherwise  for  distribution  to  the  lands  of  such  co-operating 
districts  in  this  or  the  adjoining  state. 

§6.     Districts  may  hold  property  in  adjoining  state.     So  far  as  may 

be  necessary  for  fully  carrying  out  the  purposes  of  this  act  such  co- 
operating district  in  the  adjoining  state  may  hold  title  to  property,  in 
this  state  and  such  co-operating  district  in  this  state  may  hold  title  to 
property  in  the  adjoining  state. 

TITLE  274. 

JUVENILE  COUET. 
ACT  1770a. 

An  act  to  be  known  as  the  juvenile  court  law,  and  concerning  persons 
under  the  age  of  twenty-one  years;  and  in  certain  cases  providing 
for  their  care,  custody  and  maintenance;  providing  for  the  pro- 
bationary treatment  of  such  persons,  and  for  the  commitment  of 
such  persons  to  the  Whittier  State  School  and  the  Preston  School 
of  Industry,  the  California  School  for  Girls,  and  other  institutions; 
establishing  probation  officers  and  a  probation  committee  to  deal 
with  such  persons  and  fixing  the  salary  thereof;  providing  for  the 
establishment  of  detention  homes  for  such  persons;  fixing  the 
method  of  procedure  and  treatment  or  commitment  where  crimes 
have  been  committed  by  such  persons;  providing  for  the  punish- 
ment of  those  guilty  of  offenses  with  reference  to  such  persons,  and 
defining  such  crimes;  and  repealing  the  juvenile  court  law  approved 
March  eighth,  nineteen  hundred  and  nine,  as  amended  by  an  act 
approved  April  fifth,  nineteen  hundred  and  eleven,  and  as  amended 
by  an  act  apprfn-od  .Tunc  sixteenth,  uinoteeii  hundred  and  thirteen, 
and  ;ill  iiinrndinciils  llicrcof  .•uui  all  acts  or  parts  of  acts  inconsistent 
hcrcwit  li. 

lApinovcd   ,liin.'  .",,    l!)!.!.      Stats.    IDl.l,  p.   122o.J 
AiMciidcd    l!tl7,    j.p.    1(102,    1022. 


955  JUVENILE  COURT.       Act  1770a,  §§  19c-19i 

The  ainondnients  of  1917  follow: 

§  19c.  Probation  officers  in  counties  of  third  class.  In  counties  of 
the  third  eliiss  there  shall  be  one  probation  ofllcer  and  ten  assistant  pro- 
bation officers.  The  salaries  of  said  officers  shall  be  as  follows:  Proba- 
tion officer,  two  hundred  twenty-five  dollars  a  month;  one  assistant  at 
a  salary  of  one  hundred  seventy-five  dollars  a  mouth;  one  assistant 
at  a  salary  of  one  hundred  sixty  dollars  a  month;  one  assistant  at  a 
salary  of  one  hundred  fifty  dollars  a  month;  one  assistant  at  a  salary 
of  one  hundred  thirty-five  dollars  a  month;  tliree  assistants  at  a  salary 
of  one  hundred  dollars  a  month  eacli;  two  assistants  at  a  salary  of 
eighty-five  dollars  a  month  each;  one  assistant  at  a  salary  of  seventy- 
five  dollars  a  month;  provided,  however,  that  in  the  event  an  adult 
probation  department  is  created  in  counties  of  the  third  class,  from  and 
after  the  creation  of  such  department  and  the  appointment  of  an  adult 
probation  officer  or  any  deputy  or  assistant  or  like  officer  who  shall  re- 
lieve the  probation  officer  of  the  adult  probation  work,  the  offices  of 
assistant  probation  officer  at  a  salary  of  one  hundred  seventy-five  dol- 
lars a  month  and  of  assistant  probation  officer  at  a  salary  of  one  hun- 
dred sixty  dollars  a  month  shall  cease  and  determine  and  be  abolished 
in  counties  of  this  class.  [Amendment  approved  May  28,  1917;  Stats. 
1917,  p.  10(12.] 

§  19e.  Sixteenth,  etc.,  classes.  In  each  of  the  counties  of  the  six- 
teenth, twenty-second  and  twenty-third  classes  there  shall  be  one  proba- 
tion officer,  whose  salary  shall  be  one  hundred  fifty  dollars  per  month. 
In  counties  of  the  fifth  class  there  shall  be  one  probation  officer  at  one 
hundred  seventy-five  dollars  per  month,  one-  assistant  jirobation  officer, 
whose  salary  shall  be  one  hundred  fifty  dollars  per  month;  one  assistant 
probation  officer  at  a  salary  of  one  hundred  dollars  per  month,  and  one 
assistant  probation  officer,  who  shall  be  a  competent  stenographer,  at  a 
salary  of  eighty-five  dollars  per  month.  In  counties  of  the  twenty-third 
class  there  shall  be  one  assistant  probation  officer,  whose  salary  shall  be 
fifty  dollars  per  month.  In  counties  of  the  twenty-second  class  the 
probation  officer  shall  perform  in  addition  to  his  duties  as  probation 
officer,  the  duties  of  the  attendance  officer  for  the  schools  of  the  county, 
and  investigator  for  the  board  of  supervisors  on  application  for  county 
and  state  aid,  without  any  additional  compensation  except  his  necessary 
expenses  and  such  mileage  as  the  board  of  supervisors  shall  fix  and 
allow  in  the  performance  of  his  duties.  [Amendment  approved  May  28, 
1917;  Stats.  1917,  p.  1023.] 

§  191.  Ninth,  etc.,  classes.  In  each  of  the  counties  of  the  ninth,  twelfth, 
thirteenth,  fifteenth,  seventeenth,  eighteenth,  nineteenth,  twenty-sixth, 
twenty-seventh,  thirty-third  and  thirty-sixth  class,  there  shall  be  one 
probation  officer  whose  salary  shall  be  one  hundred  dollars  per  month. 
In  counties  of  the  ninth  class  there  shall  be  two  assistant  probation 
officers,  whose  salaries  shall  be  as  follows:  One  assistant  probation  officer, 
whose  salary  shall  be  seventy-five  dollars  per  month  and  one  assistant 
probation  officer  whose  salary  shall  be  fifty  dollars  per  month.  In  coun- 
ties of  the  twelfth  class,  there  shall  be  one  assistant  probation  officer 
whose  salary  shall  be  seventy-five  dollars  per  month.  In  counties  of  the 
thirteenth  class  there  shall  be  one  assistant  probation  officer  whose  sal- 


Act  1770a,  §§  19k-19o       general  laws.  yj6 

ary  shall  be  twenty-five  dollars  per  month.  In  counties  of  the  eighteenth 
class  there  shall  be  four  assistant  probation  officers  whose  salaries  shall 
be  twenty-five  dollars  per  month  each.  In  counties  of  the  twenty-third 
class  there  shall  be  one  assistant  probation  officer  whose  salary  shall  be 
fifty  dollars  per  month.  In  counties  of  the  twenty-sixth  class  there  shall 
be  one  assistant  probation  officer,  whose  salary  shall  be  sixty  dollars 
per  month;  provided,  that  in  counties  of  the  twelfth  class  the  probation 
officer  shall,  as  a  part  of  his  duties,  and  without  anj'  additional  com- 
pensation, except  his  necessary  expenses,  do  all  necessary  work  that  the 
board  of  supervisors  of  said  county  may  designate  or  require,  in  looking 
after  the  indigent  and  poor  of  said  county.  [Amendment  approved  May 
28,  1917;  Stats.  1917,  p.  102,3.] 

§  19k.  Eleventh,  etc.,  classes.  In  each  of  the  counties  of  the  eleventh, 
fourteenth  and  thirtieth  class  there  shall  be  one  probation  officer  whose 
salary  shall  be  one  hundred  twenty-five  dollars  per  month;  provided, 
that  in  the  counties  of  the  eleventh  class  there  shall  be  an  assistant 
probation  officer,  whose  salary  shall  be  seventy-five  dollars  per  month; 
and  provided,  that  in  counties  of  the  fourteenth  class  there  shall  be  an 
assistant  probation  officer,  whose  salary  shall  be  fifty  dollars  per  month; 
and  provided,  further,  that  in  counties  of  the  thirteenth  class  the  pro- 
bation officer  shall,  as  a  part  of  his  duties,  and  without  any  additional 
compensation,  except  his  necessary  expenses,  do  all  necessary  work  that 
the  board  of  supervisors  of  said  county  may  designate  or  require,  in 
looking  after  the  indigent  and  poor  of  said  county.  [Amendment  ap- 
proved May  28,  1917;  Stats.  1917,  p.  1024.] 

§191.  Thirty-second  class.  In  each  of  the  counties  of  the  thirty- 
second  class  there  shall  be  one  probation  officer,  whose  salary  shall  be 
seventy-five  dollars  per  month.  [Amendment  approved  May  28,  1917; 
Stats.  "l917,  p.   1024.] 

§  19 11.  Twentieth  class.  In  each  of  the  counties  of  the  twentieth 
class  there  shall  be  one  probation  officer,  whose  salary  shall  be  one  hun- 
dred dollars  per  month.  [New  section  added  May  28.  1917;  Stats.  1917, 
p.  1024.] 

§  19m.  Thirty-ninth,  etc.,  classes.  In  each  of  the  counties  of  the 
thirty-ninth,  fortieth  and  forty-second  classes,  there  shall  be  one  proba- 
tion 'officer  whose  salary  shall  be  fifty  dollars  per  month.  [Amendment 
approved  May  28,  1917';  Stats.  1917,  p.  1024.] 

§  19mm.  Twenty-first  class.  In  each  of  the  counties  of  the  twenty- 
first  class  tlicre  shall  be  one  probation  officer,  whose  salary  shall  be  sixty- 
five  dollars  per  iiionlh.  [New  section  added  May  28,  1917;  Stats.  1917, 
p.   1024.] 

§  19nn.  Forty-third  class.  In  eadi  of  the  counties  of  the  forty-third 
class  then-  shall  be  one  pr.ihation  officer,  whose  salary  shall  be  fifty 
dollars  per  mnnlh.  |  New  section  added  May  28,  1917;  Stats.  1917, 
p.   1021.] 

§190  Twenty-fifth  class.  In  counties  of  the  twenty-fifth  class  there 
shall    be    one    i.robatioi.    officer    whose   salary   shall    be   one   hundred   fifty 


957  KELP.  Act  1782,  §§  1-4 

dollars  per  iiioiitii,  ainl  ono  assistant  probation  oflic(!r  whose  salary  sliall 
be  seventy-five  dollars  [ler  inoutli.  [Anieiidnient  approved  May  28,  1P17; 
atats.  1917,  p.  102:3.] 

TITLE  276a. 

KELP. 
ACT  1782. 

An  act  to  regulate  the  taking  and  harvesting  of  kelp  and  otlier  aquatic 
plants  of  the  state  of  California  by  recognizing  and  declaring  their 
ownership  in  the  state  of  California  and  providing  for  the  control 
thereof  by  the  fish  and  game  commissioners,  and  providing  for  a 
license  tax  upon  all  persons,  firms  or  corporations  engaged  in  the  in- 
dustry of  taking  or  harvesting  kelp  or  other  aquatic  plants,  and  pro- 
viding for  the  collection  and  disbursement  of  the  revenues  derived 
therefrom,  and  providing  for  a  privilege  tax  upon  all  kelp  taken  in 
the  waters  of  this  state,  and  providing  for  the  protection  of  kelp- 
beds,  and  for  the  manner  of  taking  kelp  and  other  aquatic  plants, 
and  providing  for  hearings  by  the  fish  and  game  commissioners,  and 
providing  penalties  for  the  violation  of  this  act. 

(Approved  May  18,  1917.     Stats.  1917,  p.  646.     In  effect  July  27,  1917.] 

§  1.  Kelp  state  property.  All  kelp  and  other  aquatic  plants  in  the 
waters  of  the  state  are  hereby  declared  to  be  the  property  of  the  state 
of  California. 

§  2.  Powers  of  board  of  fish  and  game  commissioners.  The  board  of 
fish  and  game  commissioners  of  the  state  of  California  are  hereby  em- 
powered to  carry  out  the  provisions  of  this  act,  and  to  make  proper  rules 
and  regulations  for  the  taking  and  harvesting  of  kelp,  and  the  conserva- 
tion of  kelp  and  aquatic  plants,  and  to  see  that  the  laws,  rules  and  regu- 
lations with  reference  thereto  are  strictly  enforced,  and  to  issue  all 
licenses  herein  provided  for,  and  collect  the  fees  therefor,  and  to  collect 
all  moneys  due  or  to  become  due  under  this  act. 

§  3.  License  to  harvest  kelp.  Every  person,  firm  or  corporation,  de- 
siring to  engage  in  taking  or  harvesting  kelp  or  other  aquatic  plants  for 
profit  in  the  waters  of  this  state  must  first  obtain  a  license  before  en- 
gaging in  such  occupation. 

§  4.  Term.  Fee.  Privilege  tax.  Licenses  granting  tuo  privilege  to  take 
or  harvest  kelp  in  this  state  shall  be  issued  and  delivered  upon  application 
by  the  state  board  of  fish  and  game  commissioners,  who  shall  prepare 
suitable  licenses,  which  shall  license  the  holder  of  such  license  to  take  or 
harvest  kelp  or  other  aquatic  plants  in  this  state  for  the  term  of  one 
year  from  the  date  of  the  issuance  of  such  license.  All  licenses  shall  be 
numbered  consecutivelj'^,  and  shall  contain  blanks  for  the  name  of  the 
licensee,  and  place  of  business,  which  information  shall  be  furnished  by 
the  applicant  to  the  board  of  fish  and  game  commissioners.  The  license 
herein  provided  for  shall  be  issued  to  such  applicant  upon  payment  of 
ten  dollars  and  before  such  license  is  delivered  to  the  applicant  said 
license  must  be  countersigned  by  the  president  of  the  board  of  fish  and 


Act  1782,  §§  5,  6  GENERAL   LAWS.  958 

game  commissioners,  aud  in  addition  to  sueh  license  fee  every  person, 
firm  or  corporation  taking  or  liarvesting  kelp  shall  pay  a  privilege  tax 
of  one  and  one-half  cents  per  ton  of  wet  kelp  taken  or  harvested. 

§  5.  Record  of  kelp  harvested.  Every  person,  firm  or  corporation  en- 
gaged in  taking  or  harvesting  kelp  in  the  waters  of  this  state  shall  cause 
to  be  weighed,  all  wet  kelp  immediately  after  said  kelp  shall  be  delivered 
to  the  place  of  business  designated  in  said  license,  and  the  weight  thereof 
shall  be  entered  in  a  book,  or  books,  to  be  kept  by  said  person,  firm  or 
corporation,  said  book  or  books  to  be  open  at  all  times  to  the  inspection 
of  the  board  of  fish  and  game  commissioners,  or  any  of  its  deputies;  every 
person,  firm  or  corporation  engaged  in  taking  or  harvesting  kelp  shall  on 
or  before  the  tenth  day  after  the  last  day  of  each  month  during  the  term 
of  said  license,  render  a  statement  of  the  weight  of  all  wet  kelp  cut  or 
harvested  during  the  preceding  month,  and  pay  to  the  board  of  fish  aud 
game  commissioners,  the  privilege  tax  herein  provided  for. 

§  6.  Notice  of  closing  kelp-beds.  Hearing.  Complaint.  Answer. 
Evidence.  Witness'  fees.  Powers  of  superior  court.  Failure  of  wit- 
nesses to  obey  subpoenas.  Depositions  of  witnesses.  If  at  any  time  the 
taking  or  harvesting  of  kelp  will  tend  to  destroy  or  impair  any  kelp  bed 
or  beds  or  parts  thereof,  or  shall  tend  to  impair  or  destroy  the  supply  of 
any  food  for  game  fish,  said  fish  and  game  commission  shall  cause  to  be 
served  on  every  person,  firm  or  corporation,  licensed  to  take  or  harvest 
kelp  in  the  waters  of  this  state,  a  notice  in  writing  that  said  kelp  bed 
or  beds  or  parts  thereof  shall  be  closed  to  the  taking  or  liarvesting  of 
kelp  for  a  period  not  to  exceed  one  year.  Within  ten  days  after  the  ser- 
vice upon  any  person,  firm  or  corporation  licensed  to  take  or  harvest 
kelp  under  the  provisions  of  this  act,  of  a  notice  that  any  kelp-bed  or 
beds  or  parts  thereof  are  closed  to  the  taking  or  harvesting  of  kelp,  said 
person,  firm  or  corporation  engaged  in  taking  or  harvesting  kelp  shall  on 
making  sueh  order,  by  serving  on  the  board  of  fish  and  game  commis- 
sioners a  demand  to  be  heard  upon  the  necessity  for  closing  said  kelp  bed 
or  beds  or  parts  thereof  for  the  taking  or  harvesting  of  kelp,  and  upon 
such  demand  for  a  hearing,  said  board  of  fish  and  game  commissioners 
shall  fix  a  time  and  place  for  the  taking  of  evidence  upon  the  necessity 
of  closing  said  bed  or  beds  or  parts  thereof,  which  time  shall  be  not  less 
than  ten  days  nor  more  than  thirty  days  from  the  date  of  such  demand 
for  a  hearing,  and  said  fish  and  game  commission  shall  cause  notices  in 
writing  of  said  time  and  place  to  be  served  upon  the  party  or  parties 
making  a  demand  for  said  hearing  at  least  ten  days  before  the  day  set 
for  the  hearing,  and  if  no  demand  is  made  for  a  hearing  within  the  time 
prescribed  herein,  said  kelp  bed  or  beds  or  parts  thereof  shall  remain 
closed  to  the  taking  or  harvesting  of  kelp  for  the  time  mentioned  in  said 
order. 

Complaint  may  be  made;  by  the  comniission  or  any  of  its  de|)uties 
against  any  person,  firm  or  corporation  licensed  to  cut  or  harvest  kelp 
in  the  waters  of  tliis  state  for  any  violation  of  the  laws  of  this  state,  or 
any  rules  or  regulations  maile  by  the  })oard  of  fish  and  game  commission- 
ers for  the  taking  or  harvesting  of  kelp.  8aid  complaints  shall  be  made 
in  writing,  sotting  forth  the  j)articular  offense  charged  to  have  been 
cornmiltcd  l)y  said  j>erson,  firm  or  corporation,  a  copy  of  which  shall  be 


959  KELP.  Act  1782,  §  6 

filed  with  tlie  board  of  fisli  and  game  commissioners  and  a  copy  of  the 
same  served  upon  tlie  person,  firm  or  corporation  so  charged.  Said  per- 
son, firm  or  corporation  must  appear  or  file  an  answer  within  five  days 
from  the  date  of  service  of  a  copy  of  said  complaint,  and  if  default  be 
made,  the  board  of  fish  and  game  commissioners  shall  issue  an  order  re- 
voking said  license  for  the  period  hereinafter  prescribed  in  this  act,  and 
said  board  of  fish  and  game  commissioners  shall  fix  a  time  and  place  for 
the  hearing  of  said  charges,  not  less  than  ten  days  nor  ,niore  than  thirty 
days  from  the  filing  of  said  charges,  and  if  the  parry  accused  appears 
and  answers,  a  day  may  be  fixed  within  the  time  prescribed  in  this  act 
to  take  testimony.  The  evidence  in  any  investigation,  inquiry  or  hear- 
ing upon  the  necessity  for  closing  any  kelp  bed  or  beds  or  parts  thereof 
and  the  evidence  in  any  hearing  upon  any  charges  made  against  any  per- 
son, firm  or  corporation  for  violating  any  of  the  laws  of  the  state  of  Cali- 
fornia for  the  preservation  of  kelp,  or  of  the  rules  and  regulations  of  the 
board  of  fish  and  game  commissioners  regulating  the  taking  and  harvest- 
ing and  handling  of  kelp  provided  for  in  this  section  may  be  taken  by 
any  member  of  the  board  of  fish  and  game  commissioners,  or  such  deputy 
fish  and  game  commissioner  or  employee  as  the  board  may  designate  to 
take  such  evidence;  and  each  member  of  the  board  and  any  of  its  depu- 
ties or  employees  designated  to  take  evidence  at  the  hearing  provided 
hereby  shall  have  the  power  to  administer  oaths,  take  affidavits  and  issue 
subpoenas  for  the  attendance  of  witnesses  at  such  hearing.  Each  wit- 
ness legally  subpoenaed  attending  a  hearing  shall  receive  for  his  attend- 
ance the  same  fees  and  mileage  allowed  by  law  to  a  witness  in  civil  eases, 
which  amount  shall  be  paid  by  the  party  at  whose  request  such  witness 
is  subpoenaed.  The  superior  court  in  and  for  the  county  or  city  and 
county  in  which  any  inquiry,  investigation,  hearing  or  proceeding  may 
be  held  under  authority  of  this  section,  shall  have  power  to  compel  the 
attendance  of  witnesses,  the  giving  of  testimony  and  the  production  of 
papers,  as  required  by  any  subpoena  issued  under  authority  of  this 
section. 

The  commission  or  representative  of  the  commission  before  whom  the 
testimony  is  to  be  given  or  produced  may  in  the  case  of  refusal  of  any 
witness  to  attend,  or  testify  or  produce  any  papers  required  by  such  sub- 
poena, report  to  the  superior  court  in  and  for  the  county  or  city  and 
county  in  which  the  proceeding  is  pending  by  petition  setting  forth  that 
due  notice  has  been  given  of  the  time  and  place  of  the  attendance  of 
said  witness  or  the  production  of  said  papers  and  that  the  witness  has 
been  summoned  in  the  manner  prescribed  in  this  act  and  that  the  wit- 
ness has  failed  and  refused  to  attend  or  produce  the  papers  required  by 
the  subpoena  before  the  commission  or  its  representatives,  in  the  case 
or  proceeding  named  in  the  notice  of  time  and  place  of  hearing  and  sub- 
poena, or  has  refused  to  answer  questions  propounded  to  him  in  the  course 
of  said  proceeding,  and  ask  an  order  of  said  court  to  compel  the  witness 
to  attend  and  testify  or  produce  said  papers  before  the  commission  or  its 
representatives. 

The  court  upon  the  petition  of  the  commission  or  its  representatives, 
shall  enter  an  order  directing  the  witness  to  appear  before  the  court  at 
any  time  and  place  to  be  fixed  by  the  court  in  such  order,  the  time  to  be 
not  more  than  ten  days  from  the  date  of  the  order,  and  then  and  there 


Act  1782,  §§  7-9  GENERAL    LAWS.  960 

show  cause  why  he  has  not  attended  and  testified  or  produeed  said  papers 
before  the  commission  or  its  representative.  A  copy  of  said  order  shall 
be.  served  upon  said  witness.  If  it  shall  appear  to  the  court  that  said 
subpoena  was  regularly  issued  by  the  commission  or  its  representative 
the  court  shall  thereupon  enter  an  order  that  said  witness  shall  appear 
before  the  commission  or  its  representatives  at  the  time  and  place  en- 
tered in  said  order,  and  testify  or  produce  the  required  papers,  and  upon 
failiire  to  obey  said  order  said  witness  shall  be  dealt  with  as  for  con- 
tempt of  court. 

The  commission  or  its  representatives,  or  any  party  designated  by  the 
fish  and  game  commission  may,  in  any  investigation  or  hearing  before 
the  commission,  or  its  representatives,  cause  the  deposition  of  witnesses, 
residing  within  or  without  the  state,  to  be  taken  in  the  manner  prescrib'ed 
by  law  for  like  depositions  in  civil  actions  in  the  superior  courts  of  this 
state,  and  to  that  end  may  compel  the  attendance  of  witnesses  and  the 
production  of  documents  and  papers. 

§  7.  Revocation  of  license.  If  any  person,  firm  or  corporation,  taking 
or  harvesting  kelp  from  any  bed  or  beds  or  parts  thereof,  after  service 
of  a  notice  that  said  bed  or  beds  or  parts  thereof  are  closed  to  the  tak- 
ing or  harvesting  of  kelp,  takes  or  harvests  any  kelp  between  the  time 
of  the  service  of  said  notice  and  the  decision  of  the  board  of  fish  and 
game  commissioners  upon  the  hearing  for  the  necessity  for  closing  said 
kelp  bed  or  beds  or  parts  thereof,  his  license  may  be  revoked  for  a  period 
not  to  exceed  one  year.  , 

§  8.  Revocation  of  license.  If  any  person,  firm  or  corporation,  licensed 
to  take  or  harvest  kelp  in  the  waters  of  this  state  shall  violate  any  of 
the  laws  of  the  state  of  California,  regulatiug  the  taking  and  harvesting 
of  kelp,  or  any  rule  or  regulation  of  the  board  of  fish  and  game  commis- 
sioners regarding  the  taking  or  harvesting  of  kelp,  said  board  of  fish  and 
game  commissioners  may,  after  a  hearing,  as  provided  herein,  revoke  said 
license  and  withhold  the  issuance  of  a  new  license  to  any  such  person, 
firm  or  corporation  for  a  period  not  to  exceed  one  year  thereafter. 

§9.  Penalty.  Fines  paid  in  part  to  "state  university  fund."  Every 
person,  firm  or  corporation,  wlio  takes  or  harvests  kelp  or  other  aquatic 
plants  for  profit  in  this  state,  without  first  obtaining  a  license  therefor,  is 
guilty  of  a  misdemeanor  and  upon  conviction  shall  me  punished  by  a  fine 
of  not  less  than  fifty  dollars  nor  more  than  five  hundred  dollars,  or  by 
imprisonment  in  the  county  jail,  in  the  county  in  which  conviction  shall 
be  had  for  not  less  than  fifty  days  nor  more  tlian  one  liuudved  an<i  fifty 
days,  or  by  both  such  fine  and  imprisonment. 

All  fines  and  forfeitures  collected  for  any  violation  of  this  act  and  all 
license  fees  and  two-thirds  of  the  moneys  collected  from  the  privilege 
tax  under  this  act  must  be  paid  into  the  state  treasury  to  the  credit  of 
the  fish  and  game  preservation  fund  and  one-third  of  the  moneys  col- 
lected from  the  privilege  tax  under  this  act  must  be  paid  into  the  state 
treasury  to  the  credit  of  the  "state  university  fund."  The  amount  so 
paid  to  the  "state  university  fund"  in  accordance  with  the  direction  of 
this  section,  is  hereby  appropriated  to  ho  expended  annually  in  accord- 
ance with  law  by  the  Scripps  Institute  for  Biological  Research. 


*J*>1  LABOR  STATISTICS.  Act  1828,  §§  ij,  lU 

§  10.  License  not  recLuired,  when.  The  fish  and  game  commission  of 
this  state  shall  have  the  power,  subject  to  such  rules  and  regulations  as 
it  may  deem  proper,  to  grant  permits  to  any  department  of  the  United 
States  government  or  to  any  scientific  or  any  educational  institution  to 
take  or  harvest  kelp  at  any  and  all  times  for  scientific  or  experimental 
IHirposes  without  the  payment  of  the  kelp  license  or  privilege  tax  herein 
provided. 

§  11.  Repealed.  All  acts  and  parts  of  acts  in  conflict  herewith  are 
hereby  repealed. 

TITLE  284. 

LABOR  STATISTICS. 
ACT  1828. 

An   act   to   establish   and   support   a   bureau   of   labor   statistics.     • 
[Approved  March  3,  188.3.     Stats.  1883,  p.  27.] 

Amended  1889,   p.   6;    1901,   p.   12;    1907,    p.   306;    1909,  p.   36;    191^ 
pp.  39,  1205;   1915,  pp.  925,  9;28;   1917,  p.  328. 

The  amendment  of  1917  follows: 

§  9.  Assistants  of  labor  commissioner.  Offices.  The  commissioner 
shall  appoint  two  deputies  who  shall  have  the  same  power  as  said  com- 
missioner; an  assistant  deputy  who  shall  reside  in  the  county  of  Los 
Angeles;  a  statistician  and  chief  examiner;  a  stenographer;  and  such 
agents  or  assistants  as  he  may  from  time  to  time  require,  at  such  rate 
of  wages  as  he  may  prescribe,  and  actual  traveling  expenses  for  each 
person  while  employed.  He  shall  procure  rooms  necessary  for  offices  in 
San  Francisco,  Los  Angeles,  Sacramento,  San  Diogo,  and  in  such  other 
places  as  he  may  deem  necessar}',  at  a  rent  not  to  exceed  the  sum  of 
four  hundred  dollars  per  month.  [Amendment  approved  IS^ay  10,  1917; 
Stats.   1917,  p.  328. J 

§  10.  Salaries.  Traveling  expenses.  The  salary  of  the  commissioner 
shall  be  four  thousand  dollars  per  annum;  the  salary  of  each  deputy  com- 
missioner shall  be  two  thousand  four  hundred  dollars  per  annum;  the 
salary  of  the  assistant  deputy  shall  be  two  thousand  one  hundred  dollars 
per  annum;  the  salary  of  the  statistician  and  chief  examiner  shall  be, 
two  thousand  seven  hundred  dollars  per  annum;  the  salary  of  the  stenog- 
rapher shall  be  one  thousand  two  hundred  dollars  per  annum;  to  be 
audited  by  the  controller  and  paid  by  the  state  treasurer  in  the  same 
nianner  as  other  state  officers.  There  shall  also  be  allowed  a  sum  not 
to  exceed  forty  thousand  dollars  per  annum  for  salaries  of  agents  or 
assistants,  for  traveling  expenses,  and  for  other  contingent  expenses  of 
the  bureau.      [Amendment  approved  May  10,  1917;  Stats.  1917,  p.  328.] 

The  amending  act  also  contained  the  following  provisions: 

§3.     Repealed.     All   the   provisions    of   said    act   in    conflict    with    the 
provisions  of  this  act  are  hereby  repealed. 
61 


Act  1901,  §  §  1-3  GENERAL   LxVWS.  962 

TITLE  298. 
LEGISLATION. 
ACT  1901. 

An  act  to  establish  a  legislative  counsel  bureau  and  making  an  appropria- 
tion therefor. 

[Approved  May  26,  1913.     Stats.  1913,  p.  626.] 

Amended  1915,  p.  49;  1917,  p.  1398. 

The  amendment  of  1917  follows: 

§  1.  Legislative  counsel  bureau  created.  A  bureau  is  hereby  created 
to  be  known  as  the  legislative  counsel  bureau,  which  shall  be  in  charge 
of  a  chief,  who  shall  be  a  civil  executive  officer  and  who  shall  be  known 
as  the  legislative  counsel  of  California  and  who  shall  be  appointed  by 
the  governor  and  who  shall  hold  during  the  pleasure  of  the  governor. 
The  legislative  counsel  shall  be  chosen  without  reference  to  partj^  affiilia- 
tions  and  solely  on  the  ground  of  fitness  to  perform  the  duties  of  his 
office.      [Amendment  approved  May  31,  1917;  Stats.  1917,  p.  1398.] 

§  2.  Duty  of  legislative  counsel.  It  shall  be  the  duty  of  the  legis- 
lative counsel  to  prepare  and  assist  in  the  preparation,  amendment  and 
consideration  of  legislative  bills  when  requested  or  upon  suggestion  as 
herein  provided.  Upon  request  he  shall  advise  any  state  officer,  commis- 
sioner or  bureau  as  to  the  preparation  of  bills  to  be  submitted  to  the 
legislature;  and  when  requested  so  to  do,  he  shall  advise  as  to  their  work 
with  any  legislative  committee  appointed  to  carry  on  investigations  be- 
tween sessions  of  the  legislature.  He  shall  advise  the  legislature  from 
time  to  time  as  to  needed  revision  of  the  statutes.  He  shall  present  to 
each  session  of  the  legislature  a  statement  calling  attention  to  laws  which 
have  been  repealed  by  implication  or  which  have  been  declared  uncon- 
stitutional by  the  courts  but  which  have  not  been  expressly  repealed.  It 
shall  also  be  the  duty  of  the  legislative  counsel,  whenever  in  his  judg- 
ment there  is  reasonable  probability  that  an  initiative  measure  will  be 
submitted  to  the  voters  of  the  state  of  California  under  the  laws  of  the 
state  relating  to  the  submission  of  measures  by  initiative,  to  co-operate 
with  the  proponents  of  said  measure  in  the  preparation  of  said  law  w^hen 
requested  in  writing  so  to  do  by  twenty-five  or  more  electors  proposing 
such  a  measure.  [Amendment  approved  May  31,  1917;  Stats.  1917, 
p.  1398.] 

§  3.  Preparation  of  legislative  bills.  Not  to  urge  legislation.  The 
legislative  counsel  shall  prepare  or  assist  in  the  preparation  or  amend- 
ment of  legislative  bills  at  the  suggestion,  in  writing  and  as  herein  set 
forth,  of  the  governor  of  the  state,  or  of  any  judge  of  the  supreme  court 
or  of  the  district  courts  of  appeal  or  of  the  superior  courts  of  the  state, 
or  of  any  committee  of  the  senate  or  assembly  of  the  legislature  of  the 
state.  All  such  suggestions  shall  set  forth  the  substance  of  the  provi- 
sions desired  or  which  may  be  needed  with  the  reasons  therefor.  Such 
suggestion  by  a  judge  of  the  supreme  court  shall  be  filed  with  the  clerk 
of  that  court.  Such  suggestion  by  a  judge  of  a  district  court  of  ap[>eal 
shall  be  filed  with  the  clerk  of  that  court.  Such  suggestion  by  a  judge 
of  a  superior  court  shall  be  filed  with  the  clerk  of  the  district  court  of 


963  LKGISLATION.  Act  1901,  §  §  4, 5 

appeal  of  the  district  within  whicli  such  superior  court  is  located.  When 
such  suggestion  is  so  filed  with  the  clerk  of  the  supreme  court  or  of  a 
district  court  of  appeal,  that  clerk  shall  make  and  send  to  the  ptermanent 
office  of  said  bureau  a  certified  copy  of  such  suggestion,  and  all  other 
suggestions  shall  be  filed  at  said  office,  and  all  such  papers  so  received  at 
such  office  shall  be  there  permanently  filed  and  recorded  and  copies  fur- 
nished to  the  legislative  counsel.  The  legislative  counsel  shall  prepare 
a  bill  in  accordance  with  such  suggestion  and  shall  transmit  it  to  the 
chairman  of  the  judiciary  committee  of  each  house  at  the  next  succeed- 
ing session  of  the^  legislature. 

From  the  time  the  legislature  of  the  state  convenes  until  it  is  ad- 
journed finally,  the  legislative  counsel  shall  give  such  consideration  to 
and  service  concerning  any  bill  before  the  legislature,  as  circumstances 
will  permit,  and  which  is  in  any  way  requested  by  the  governor  of  the 
state  or  the  senate  or  the  assembly  or  any  committee  of  the  legislature 
having  such  bills  before  it  for  consideration,  and  after  such  adjournment 
the  legislative  counsel  shall  still  remain  so  subject  to  such  request  by  the 
governor  of  the  state  as  to  any  bill  still  in  his  hands  for  rejection  or 
approval  or  other  action.  Neither  the  legislative  counsel  nor  any  em- 
ployee of  the  bureau  shall  oppose  or  urge  legislation;  but  the  bureau 
shall,  upon  request,  and  so  far  as  may  te  in  its  power,  aid  and  assist 
any  member  of  the  legislature  as  to  bills,  resoliitions  and  measures,  draft- 
ing the  same  into  proper  form  and  furnishing  to  them  the  fullest  informa- 
tion upon  all  matters  in  the  scope  of  the  bureau.  Neither  the  legislative 
counsel  nor  any  other  employee  of  the  bureau  shall  reveal  to  any  person 
outside  thereof  the  contents  or  nature  of  any  matter  which  has  not  be- 
come a  public  record,  except  with  the  consent  of  the  i^erson  bringing  such 
matter  before  the  bureau.  [Amendment  approved  May  31,  1917;  Stats. 
1917,  p.  1399.] 

§  4.  Office  in  capitol.  Temporary  offices.  The  legislative  counsel  shall 
be  in  attendance  upon  all  sessions  of  the  legislature  and  his  permanent 
office  shall  be  in  the  state  capitol  in  Sacramento,  where  he  shall  be  pro- 
vided with  suitable  and  sufficient  offices  convenient  to  the  chambers  of 
the  two  houses  of  the  legislature.  For  the  convenience  of  members  of 
the  legislature,  however,  and  when  in  his  judgment  the  conduct  of  his 
work  requires,  he  may  maintain  temporary  offices  at  other  places  iri  the 
state  of  California.  [Amendment  approved  May  31,  1917;  Stats.  1917, 
p.  1400.] 

§  5.  Salaries.  The  salary  of  the  legislative  counsel  shall  be  four  thou- 
sand dollars  per  annum  and  shall  be  payable  in  equal  monthly'  install- 
ments. The  legislative  counsel  shall  have  authority  to  employ  and  to 
fix  the  compensation  of  such  professional  assistants  and  such  clerical  and 
other  employees  as  he  may  deem  to  be  necessary  for  the  effective  conduct 
of  the  work  under  his  charge.  The  salary  of  the  legislative  counsel  and 
of  every  other  employee  of  the  bureau  shall  be  paid  in  the  same  way  as 
the  salaries  of  other  state  officers  are  paid.  The  legislative  counsel  shall 
be  repaid  all  actual  expenses  incurred  or  paid  by  him  in  carrying  out 
the  provisions  of  this  act.  [Amendment  approved  May  31,  1917;  Stats. 
1917,  p.  1400.] 


Act  1913,  §  8  GENERAL    LAWS.  964 

§  6.  Material  available  to  bureau.  The  material  (including  books  and 
other  publications)  of  the  state  library  shall  be  made  available  to  said 
bureau,  land  all  the  officers  of  the  state,  the  University  of  California,  and 
all  departments,  commissions  and  bureaus  and  othe^•  official  state  organ- 
izations, and  all  persons  connected  therewith,  shall  give  the  legislative 
counsel  ready  access  to  their  records  and  full  information  and  reason- 
able assistance  in  any  matters  of  research  requiring  recourse  to  them  or 
to  data  within  their  knowledge  or  control.  The  bureau  may  co-operate 
with  any  of  the  educational  institutions  of  the  state  in  any  manner 
approved  by  the  legislative  counsel  and  such  institutions.  [Amendment 
approved  May  31,  1917;  Stats.  1917,  p.  1400.] 

§  9.  Unexpended  balance  available.  The  unexpended  balance  of  the 
moneys  heretofore  appropriate^  for  the  support  and  salaries  of  the  legis- 
lative counsel  bureau  by  an  act  entitled  "An  act  making  appropriations 
for  the  support  of  the  government  of  the  state  of  California  for  the 
sixty-seventh  and  sixty-eighth  fiscal  years,"  approved  May  19,  1915,  is 
hereby  made  available  to  carry  out  the  provisions  of  this  act.  [Amend- 
ment approved  May  31,  1917;  Stats.  1917,  p.  1401.] 

TITLE  300. 

LEVEE    DISTKICTS. 

ACT  1913. 

An  act  to  provide  for  the  formation  of  levee  districts  in  the  various 
counties  of  this  state,  and  to  provide  for  the  erection  of  levees, 
dikes  and  other  works  for  the  purpose  of  protecting  the  lands  within 
such  districts  from  overflow  and  to  levy  assessments  to  erect  and 
construct  and  maintain  svich  levees,  dikes  and  other  works  and  to  pay 
the  necessary  costs  and  expenses  of  maintaining  said  districts. 

[Approved  March  20,  1905.     Stats.  1905,  p.  327.] 

Amended  1907,  p.  333;  1911,  p.  1212;   1917,  p.  824. 

The  amendments  of  1917  follows: 

§  8.  Board  of  trustees  must  keep  office.  Powers  of  trustees.  Yearly 
estimate  of  costs.  Report  to  board  of  supervisors.  The  board  of  trustees 
must  keep  an  office  in  or  near  the  district  for  the  transaction  of  the 
business  thereof,  and  the  books,  maps,  papers,  records,  contracts  and 
other  documents  pertaining  to  the  affairs  of  the  district  must  be  open 
for  inspection  to  any  person  interested  at  all  times.  From  and  after 
the  election  and  qualification  of  said  trustee  said  district  shall  be  deemed 
organized  and  shall  have  power  to  sue  or  be  sued.  The  board  of  trus- 
tees shall  have  power  to  elect  one  of  its  members  president  thereof,  to 
employ  engineers  and  others,  to  survey,  plan,  locate  and  estimate  the 
cost  of  the  works  and  improvements  necessary,  in  the  way  of  erection  or 
repair  of  levees,  dikes  iind  other  works  for  the  benefit  of  said  district; 
to  thereafter  and  at  any  time  in  its  discretion  modify  or  change  said 
original  plan  or  plans  or  to  adopt  any  new  supplemental  or  additional 
plan  or  j)lan.s,  when  in  its  judgment  the  same  shall  become  necessary';  to 
acquire  by  [inrchase,  coiideiiinal  ion  or  otlierwise,  rights  of  way,  and  the 
right    to   1;ikc    in:if<'ri;il    for    IIh;  coiistniclinu   of   all    works   necessary   for 


1)65  LEVEE  DISTRICTS.  Act  1922,  §  1 

the  accomplishment  of  the  objects  of  the  district  iiichuliiig  drains,  levees 
and  embankments,  and  to  construct,  maintain  and  keep  in  repair  all 
works,  requisite  and  necessary  to  that  end;  and  to  do  all  other  acts  and 
things  necessary  or  required  for  the  protection  of  the  lands  in  said  dis- 
trict from  the  overflow  of  any  river,  stream,  streams  or  watercourse,  and 
to  employ  the  service  of  any  person  legal  or  otherwise  which  in  the  judg- 
ment of  said  board  of  trustees  may  be  necessary  to  the  welfare  of  the 
district.  The  said  board  of  trustees  shall  each  year  estimate  the  total 
cost  for  all  purposes  of  ei'ecting,  constructing  or  repairing  levees,  dikes 
or  other  works,  and  doing  the  necessary  things  for  the  protection  of  the 
lands  and  jiropertj^  within  said  district  from  the  overflow  of  any  river, 
stream,  streams  or  watercourse,  and  maintain  the  same  for  one  year, 
including  all  damages  awarded  to  any  person  by  reason  of  the  erection 
or  construction  of  any  of  said  levees,  dikes  or  other  works  for  protec- 
tion, and  shall  thereupon  make  a  report  of  the  foregoing  matters  to  the 
board  of  supervisors  in  which  said  district  is  situated,  showing  the 
amount  of  money  required  by  said  district  for  all  purposes  for  one  year 
thereafter.  Said  estimate  of  moneys  necessary  for  said  district  for  each 
year,  and  said  report  shall  be  made  to  said  board  of  supervisors  by  said 
board  of  trustees  on  or  before  the  first  day  of  September  of  each  year 
after  the  formation  of  said  district  and  said  estimate  made  as  aforesaid 
and  report  to  said  board  of  supervisors  by  said  board  of  trustees  as 
hereinbefore  set  out,  shall  in  each  instance  form  the  basis  of  the  esti- 
mates of  the  board  of  supervisors  for  the  amount  of  money  required  to 
be  raised  by  assessment  on  the  lands  and  personal  property  within  such 
district  for  such  year.  [Amendment  approved  May  22,  1917;  Stats.  1917, 
p.  824.] 

ACT  1922. 

An  act  authorizing  levee  districts  of  the  state  to  incur  a  bonded  indebted- 
ness for  the  purpose  of  building,  constructing,  or  repairing  levees 
of  the  district;  or  for  excavating  and  constructing  ditches  or  canals 
of  such  districts;  or  for  the  purpose  of  acquiring  rights  of  way  for 
any  such  levees,  ditches,  or  canals;  or  for  any  and  all  of  said  pur- 
poses.] 

[Approved  March  8,  1911.     Stats.   1911,  p.  .303.] 

Amended  1915,  p.  914;   1917,  p.   809. 

The  amendments  of  1917  follow: 

§  1.  Levee  district  may  issue  bonds.  Report  of  engineer.  Any  levee 
district  formed  or  organized  by  or  under  the  laws  of  iJalifornia,  may 
incur  a  bonded  indebtedness  for  the  purpose  of  building,  constructing,  or 
repairing  the  levee  or  levees  of  such  district;  or  in  excavating  or  con- 
structing any  ditches  or  canals  in  such  district,  or  other  protective 
works;  or  to  purchase  and  acquire  any  levee  or  levees,  ditches  or  canals, 
or  other  reclamation  works  already  constructed  or  in  process  of  eoustrne- 
tion;  or  for  the  purpose  of  acquiring  rights  of  way  for  any  such  levee, 
or  ditches,  pipe-lines  or  canals;  or  for  building,  repairing  and  constructing 
any  and  all  kinds  of  work  in  water  and  river  channels,  wherever  situate, 
as   ancillary   to   land    and   levoe   protection,   including   the   straightening 


Act  1922,  §  2  GENERAL   LAWS.  966 

of  river  channels,  or  diverting  waters  from  the  dikes  and  levees  them- 
selves, or  the  lands  they  are  protecting,  and  in  general  for  doing  any 
and  all  work  of  every  character  and  description  for  the  purpose  of  secur- 
ing, protecting,  guarding  and  preserving  the  lands  protected,  and  the 
dikes,  levees,  ditches,  excavations  or  other  protective  works;  or  for  any 
and  all  of  said  purposes,  or  for  any  one  or  more  of  said  purposes. 

Whenever  it  shall  become  necessary  in  the  opinion  of  the  board  of 
trustees  of  any  such  levee  district  to  build,  construct,  or  repair  any  levee 
for  the  protection  of  the  lands  of  the  district  from  overflow;  or  to  exca- 
vate or  construct  any  ditches  or  canals,  or  to  purchase  or  acquire  any 
levee  or  levee  system  or  parts  thereof  then  constructed  or  in  process  of 
construction;  or  for  acquiring  rights  of  way  for  either  of  such  purposes 
of  building,  constructing,  or  repairing  the  levee  or  levees  of  sucli  dis- 
trict; or  in  excavating  or  constructing  any  ditches  or  canals  in  such  dis- 
trict, or  other  protective  works,  or  to  purchase  and  acquire  any  levee  or 
levees,  ditches,  or  canals  or  other  reclamation  works  already  constructed 
or  in  process  of  construction;  or  for  the  purpose  of  acquiring  rights  of 
way  for  any  such  levee,  or  ditches,  pipe-lines,  or  canals;  or  for  building, 
repairing  any  and  all  kinds  of  work  in  water  and  river  channels,  wher- 
ever situate,  as  ancillary  to  land  and  levee  protection,  including  the 
straightening  of  river  channels,  or  diverting  waters  from  the  dikes  and 
levees  themselves,  or  the  lands  they  are  protecting,  or  in  general  for 
doing  any  and  all  work  of  every  character  and  description  for  the  pur- 
pose of  securing,  protecting,  guarding  and  preserving  the  lands  pro- 
tected, and  the  dikes,  levees,  ditches,  excavations  or  other  protective 
works,  or  for  any  and  all  of  said  purposes,  or  for  any  one  or  more  of  said 
purposes,  the  trustees  of  such  levee  district  shall,  by  resolution,  employ 
some  civil  engineer,  and  direct  him  to  make  a  report  in  writing  to  said 
board  of  trustees,  containing  his  recommendations  as  to  the  best  method 
of  doing  said  work.     Said  report  shall  show: 

1.  A  description  of  the  work  to  be  done,  including  all  ancillary  "work. 

2.  The  plans,  profiles,  cross-sections  and  specifications  of  tlie  work 
required. 

3.  A  general  description  of  the  lands  required  for  rights  of  way  for 
the  work,  if  any  such  are  required. 

4.  An  estimate  of  the  expenses  of  such  work,  including  an  estimate  of 
the  cost  of  requiring  rights  of  way  for  such  work,  should  such  rights  of 
way  be  required. 

5.  An  estimate  of  the  cost  or  value  of  any  levee  or  levees,  ditches  or 
canals  already  constructed  or  in  process  of  construction,  or  advisable 
or  proposed  to  be  acquired  as  part  of  the  proposed  system,  including  all 
work  necessary 'to  be  done  for  the  protection  of  said  main  works  and 
ancillary  thereto,  and  including  moreover  the  amount  necessary  for  the 
maintenance  of  the  work  ])roposed  to  be  done  for  tbe  first  year. 

6.  An  estimate  of  all  incidental  expenses  likely  to  be  incurred  in  con- 
nection with  the  work,  such  as  clerical,  engineering,  inspection,  printing 
and  advertising.  |  Amendment  approved  May  22,  1917;  Stats.  1917, 
p.  809.1 

§2.  Adoption  of  report.  After  the  report  of  the  engineer  provided 
for  in   the  next  preceding  section  lias  been  filed  with  the  board   of  trus- 


967  LEVEE  DISTRICTS.  Act  1922,  §§  3, 5 

tees  of  such  levee  district,  said  board  shall  consider  the  same  and  shall 
have  power,  by  resolution,  to  adopt  the  same  as  filed  by  said  engineer,  or 
to  modify  or  change  the  same,  and  to  adopt  the  same  as  so  modified  or 
changed,  and  said  report  shall  be  adopted  as  originally  presented  if  not 
modified  or  changed,  but  if  modified  or  changed  it  shall  be  adopted  as  so 
modified  or  changed.  [Amendment  approved  May  22,  1917;  Stat.  1917, 
p.  811.] 

§  3.  Notice  of  adoption.  Publication.  Within  ten  days  after  the 
adoption  of  the  report  as  jjrovided  in  section  two  of  this  act,  the  board 
of  trustees  of  such  levee  district  shall  give  notice  thereof  as  hei-einafter 
provided.  Such  notice  shall  specify  a  day  and  hour  when  and  a  place 
where  any  and  all  persons  may  appear  before  said  board  and  show  cause, 
if  any  they  have,  why  said  work  provided  for  in  said  report  should  not 
be  carried  out  in  accordance  therewith,  said  time  to  be  not  less  than 
twenty  nor  more  than  forty-five  days  from  the  adoption  of  said  report. 

Said  notice  shall  briefly  outline  the  proposed  work,  and  shall  refer  to 
the  said  report  on  file  with  said  board  for  a  particular  description  of  the 
work  to  be  done.  Such  notice  shall  be  given  by  conspicuously  posting 
in  three  of  the  most  public  places  within  said  district,  and  publishing 
in  some  newspaper  printed  and  published  in  the  county  where  said  dis- 
trict is  situated,  or  if  said  district  is  situated  in  more  than  one  county 
then  by  posting  in  three  of  the  most  public  places  in  that  portion  of  the 
district,  situated  in  each  county  and  by  publishing  in  a  newspaper 
printed  and  published  in  each  of  the  counties  wherein  any  portion  of  said 
district  is  situated,  for  a  period  of  three  weeks  prior  to  the  day  of  hear- 
ing. Said  publication  shall  be  made  once  a  week  for  three  consecutive 
weeks  in  a  newspaper  of  general  circulation  published  in  the  county 
where  said  district  is  situated.  If  said  district  comprises  land  situated 
in  more  than  one  county,  then  once  a  week  for  three  consecutive  weeks 
in  a  newspaper  of  general  circulation  in  each  of  the  counties  where  said 
lands  arQ  situated.  It  shall  not  be  necessary  that  publication  shall  be 
made  on  the  same  day  of  the  week  in  each  of  the  three  weeks,  but  not 
less  than  sixteen  days,  including  the  day  of  the  first  publication,  shall 
intervene  between  the  first  publication  and  the  last  publication,  and 
publication  shall  be  complete  on  the  date  of  the  last  publication. 
I  Amendment  approved  May  22,  1917;  Stats.  1917.  p.  811.] 

§5.  Board  may  confirm  resolution.  Report  of  engineer.  The  board 
of  trustee  shall  have  power  to  set  aside,  modify,  or  confirm  the  resolu- 
tion provided  for  in  section  two  of  this  act;  in  case  the  board  shall  de- 
cide that  it  will  be  for  the  best  interests  of  the  district  to  proceed  with 
the  work,  it  shall,  by  resolution,  so  declare;  and  in  case  the  said  original 
plan  of  the  work  shall  have  been  modified  or  changed,  the  board  shall 
direct  the  engineer  of  the  district  to  estimate  the  cost  of  the  work  in 
accordance  with  the  plan  so  modified  or  change'd,  and  to  report  the  same 
to  the  board.  The  engineer  of  the  district  shall  thereupon,  in  case  such 
original  plan  shall  have  been  changed  or  modified,  make  a  report  to  the 
board  in  accordance  with  the  modifications  or  changes  adopted  by  it, 
and  such  report  must  show: 

1.  A  description  of  the  work  to  be  done  as  changed  or  modified  by  the 
board,  including  all  ancillary  work. 


Act  1922,  §  7  GENERAL   LAWS.  968 

2.  The  plans,  profiles,  cross-sections  and  specifications  of  the  work  as 
so  changed  or  modified  by  the  board. 

3.  A  general  description  of  the  lauds  required  for  rights  of  way  for 
the  work,  if  any  such  are  required. 

4.  An  estimate  of  the  expense  of  such  work  in  accordance  with  the 
plan  so  modified  or  changed  by  the  board,  including  an  estimate  of  the 
cost  of  acquiring  rights  of  way  for  such  work,  if  any  such  rights  are 
acquired. 

5.  An  estimate  of  the  cost  or  value  of  any  levee  or  levees,  ditches  or 
canals  already  constructed  or  in  process  of  construction,  proposed  to  be 
acquired  as  part  of  the  proposed  system. 

6.  An  estimate  of  all  incidental  expenses  likely  to  be  incurred  in  con- 
nection with  the  work  as  planned,  such  as  clerical,  engineering,  inspec- 
tion, printing  and  advertising,  including  all  work  necessary  to  be  done 
for  the  protection  of  said  main  works,  and  ancillary  thereto,  and  includ- 
ing furthermore  the  amount  necessary  for  the  maintenance  of  the  work 
proposed  to  be  done,  for  the  first  year.  [Amendment  approved  May  22, 
1917;  Stats.  1917,  p.  812.] 

§  7.  Bonds  for  levee  districts.  Order  for  election.  Conduct  of  elec- 
tion. Contests.  Duty  of  supervisors.  Form  of  bond.  Form  of  interest 
coupon.  Whenever  in  the  judgment  and  opinion  of  the  board  of  trustees 
in  said  district  it  would  be  for  the  best  interests  of  said  district,  or  the 
land  owners  therein,  to  issue  bonds  for  the  purpose  of  obtaining  money 
to  pay  the  cost  of  construction  of  said  levee  or  levees,  ditches  or  canals, 
or  other  protective  works,  or  to  purchase  in  whole  or  in  part  any  system 
of  levee,  or  levees,  ditches  or  canals  already  constructed  or  in  process  of 
construction,  or  for  any  of  the  purj^oses  set  forth  in  section  one  of  this 
act,  or  when  a  petition  requesting  them  so  to  do,  signed  by  the  owners 
of  more  than  one-half  of  the  land  of  the  district,  is  filed  with  the  secre- 
tary of  the  board,  the  board  of  trustees  of  such  district  shall,  by  order 
entered  upon  the  records  of  said  board,  order  a  special  election  to  be 
held  for  the  purpose  of  submitting  the  question  of  the  issuance  X)i  bonds 
to  the  taxpayers  of  said  district.  Said  order  shall  specify  the  aniount 
of  bonds  it  is  proposed  to  issue  which,  in  any  case,  shall  not  exceed  the 
entire  estimate  of  the  expense  of  the  work  as  planned,  shall  specify  the 
rate  of  interest  to  be  paid,  not  exceeding  seven  per  cent,  and  the  number 
of  years,  not  exceeding  forty,  the  whole  or  any  part  of  said  bonds  are  to 
run,  and  shall  name  a  time  and  place  for  the  holding  of  such  election, 
which  place  shall  be  at  some  convenient  place  in  the  district.  In  the 
case  of  joint  levee  districts  the  said  order  shall  specify  a  polling  place 
within  the  district  in  each  county,  in  which  a  portion  of  the  district  lies. 
The  board  shall  also  appoint  one  inspector,  two  judges  and  one  clerk  to 
conduct  said  election  at  each  and  every  polling  place  designated,  all  of 
whom  must  be  electors  and  taxpayers  of  said  district.  JVotice  of  such 
clei'tioii  shall  be  given  by  publication,  in  a  newspaper  printed  and  pub- 
li.slied  in  tiie  county  in  which  said  district  or  some  part  thereof  is  situ- 
ated once  a  week  for  at  least  three  weeks  prior  to  sucli  election.  If  saiil 
district  is  situated  in  nu)re  tiian  one  county,  then  puldicalion  shall  he 
nia<le  in  a  iievvs|)a|ier  jjrinlccl  ;Mid  [inlilisiicil  in  each  county  wherein  a 
portion  of  said  district  is  situated,  and  the  provisions  relating  to  pubiica- 


969  LEVEE  DISTRICTS.  Act  1922,  §  7 

tiou  provided  iu  section  three  hereof  shall  appl}',  and  sucli  notice  must 
contain  a  time  and  place  for  the  holding  of  such  election,  the  names  of 
the  election  officers  to  conduct  the  same,  and  amount  and  denominations 
of  the  bonds,  the  rate  of  interest  to  be  paid,  and  the  number  of  years, 
not  exceeding  forty,  the  whole  or  any  part  of  said  bonds  are  to  run.  If 
any  election  officer  appointed  by  said  board  and  named  in  such  notice 
is  not  present  at  the  time  for  the  opening  of  the  polls,  the  voters  present 
may  appoint  an  election  officer  to  take  the  place  of  such  election  officer 
so  absent.  Before  opening  the  polls  each  officer  of  election  must  take 
and  subscribe  an  oath  faithfully  to  perform  the  duties  imposed  upon  him 
by  law.  Any  voter  of  the  district  may  administer  and  certify  such 
oath. 

The  polls  shall  be  kept  open  for  receiving  votes  from  ten  o'clock  A.  M. 
until  four  o'clock  P.  M.  At  such  election  any  voter  qualified  to  vote  for 
the  election  officers  of  said  district  and  none  other  shall  be  permitted  to 
vote  thereat,  and  such  election  shall  be  held  as  nearly  as  practicable  in 
conformity  with  the  general  election  law  of  the  state,  except  that  no 
sample  ballot  need  be  sent  out,  except  that  registration  shall  not  be 
required,  and  except  also  that  persons  voting  at  such  bond  election  shall 
put  a  cross  (X)  upon  the  ballots  with  pencil  or  ink  after  the  w^ords: 
"bonds — yes"  and  "Bonds — no"  (as  the  case  may  be)  to  indicate  whf^ther 
they  have  voted  for  or  against  the  issuance  of  the  bonds.  The  said  bal- 
lots shall  be  of  the  form:  "bonds — yes"  and  "bonds — no,"-  or  words  of 
similar  import,  together  with  a  general  statement  of  the  amount  and 
purpose  of  the  bonds  to  be  issued. 

At  the  close  of  the  polls  the  board  or  boards  of  election  shall  at  once 
proceed  to  count  the  votes  and  declare  the  result,  and  shall  forward  a 
certificate  showing  the  same  and  the  number  of  votes  cast  for  and 
against  the  issuance  of  the  bonds  to  the  clerk  of  the  board  of  super- 
visors of  the  county  in  which  the  greater  portion  of  the  lands  of  said 
district  is  situated,  and  deliver  a  duplicat>e  thereof  to  the  board  of  trus- 
tees of  the  district,  and  shall  also  deliver  to  the  clerk  of  the  said  board 
of  supervisors  all  ballots  cast  at  such  election,  and  all  documents  and 
papers  used  at  such  election. 

Any  person  owning  land  situated  in  said  district  maj^  contest  said 
election  within  twenty  days  after  the  result  thereof  has  been  declared 
by  the  board  of  supervisors,  by  filing  a  complaint  in  the  superior  court 
of  the  county  where  said  land  is  situated,  and  if  no  contest  shall  be 
commenced  within  said  time  the  declaration  of  the  result  by  the  board  of 
supervisors  shall  be  final  and  conclusive. 

The  returns  of  such  election  shall  be  canvassed  and  the  result  declared 
by  the  board  of  supervisors  of  the  county  to  whom  such  returns  of  elec- 
tion are  made,  at  a  special  meeting  called  for  that  purpose  or  at  the 
next  regular  meeting  of  such  board  after  such  election.  No  ballot  shall 
be  rejected  because  of  any  distinguishing  marks  made  thereon.  If  a 
majority  of  the  voters  of  the  district  voting  at  such  election  shall  vote 
in  favor  of  the  issuance  of  bonds,  the  board  of  supervisors  shall  be,  and 
it  is,  authorized  and  directed  to  issue  bonds  of  said  district  to  the  num- 
ber and  amount  provided  in  such  proceedings,  payable  out  of  the  bond 
fund  of  such  district,  naming  the  same,  and  provide  rhat  the  money  shall 


Act  1922,  §  7  GENERAL   LiiWS.  970 

be  raised  by  taxation  uijon  the  taxable  property  in  said  district  for  the 
redemption  of  said  bonds  and  the  payment  of  interest  thereon,  provided 
that  the  total  amount  of  bonds  so  issued  shall  not  exceed  the  entire 
estimate  of  the  expense  of  the  work  as  planned  or  determined  by  section 
one,  together  with  the  expense  of  the  maintenance  of  said  works  for  one 
year  after  their  completion. 

The  board  of  supervisors  to  whom  said  returns  of  election  are  made, 
by  an  order  upon  its  minutes  shall  prescribe  the  form  of  said  bond  and 
the  interest  coupons  attached  thereto,  and  provide  whether  the  same 
shall  be  paid  in  lawful  money  of  the  United  States  or  in  gold  coin,  and 
fix  the  time  when  the  whole  or  any  part  of  the  principal  of  said  bonds 
shall  be  payable,  which  shall  not  be  more  than  forty  years  from  the  date 
thereof;  and  said  bonds  shall  be  issued  in  sums  of  not  less  than  one  hun- 
dred dollars  nor  more  than  one  thousand  dollars  each,  and  shall  not  have 
more  than  forty  years  to  run,  and  shall  bear  interest  at  a  rate  not  ex- 
ceeding seven  per  cent  per  annum,  payable  semi-annually,  and  said  bonds 
shall  be  substantially  in  the  following  form: 

STATE    OF    CALIFORNIA. 

No.   $   • 

Bond  of 

Levee  District. 

In  the  county   (or  counties)   of  

state  of  California. 

district,  of  the  county  of  (or  counties  of)  — — ,  state  of  Cali- 
fornia,   for    value    received,    hereby    acknowledges    itself    indebted    and 

promises  to  pay  to  the  holder  of  this  bond  on  the  first  day  of ,  19 — , 

at  the  office  of  the  treasurer  of  the  county  of  in  the  city  of  — — , 

state   of    California,    the    sum    of   dollars   in    gold    coin    (or   lawful 

money)   of  the  United  States,  with  interest  at  the  rate  of  per  cent 

( — (fc)  per  annum,  payable  semi-annually  upon  the  first  day  of  and 

the  first  day  of  of  each  and   every  year  from  and   after  the  date 

hereof,  at  the  office  of  the  treasurer  aforesaid,  on  presentation  and  sur- 
render of  the  interest  coupons  hereto  attached,  until  this  bond  is  fully 
paid.     This  bond  is  issued  by  the  board  of  supervisors  of  the  said  county 

of  in  conformity  with  the  resolution  of  said  board  dated  the  

day  of  19 — ,  and  under  the  authority  conferred  upon  the  said  board 

by  fhe  jn-ovisions  of  the  act  of  the  legislature  of  the  state  of  California, 
entitled  "An  act  authorizing  levee  districts  of  the  state  to  incur  a  bonded 
indebtedness  for  the  purpose  of  building,  constructing  and  repairing 
levees  of  the  district,  or  for  excavating  and  constructing  ditches  or 
canals  of  such  district,  etc. 

(Here  will  be  inserted  in  tlic  final  draft  tlie  coriect  designation  of  the 
act  approved  March  8,  1911,  together  with  acts  amendatory  thereof.) 

It  is  hereby  declared  that  said  levee  district  is  a  levee  district 

duly  created,  organized,  established  and  incorporated  in  strict  conform- 
ity to  the  laws  of  the  state  of  California  relating  thereto. 

It  is  furthermore  declared  that  a  majority  of  the  qualified  electors 
of  said  levee  district  voting  at  a  special  election  held  tlierein  on  the 
day  of 19 — ,  which  said  election  was  held  to  determine  whether 


971  LEVEE  DISTRICTS.  Act  1922,  §  §  8, 8a 

bonds   of  said   levee   district,   in   the  amount  of  $ should   be   issued 

and  sold  for  the  purpose  of  raising  money  for  the  purposes  prescribed 
in  said  act,  voted  in  favor  thereof. 

It  is  hereby  further  declared  that  said  election  was  duly  called,  duly 
held  and  duly  conducted  and  the  notices  thereof  duly  given,  and  the 
result  thereof  canvassed  and  declared  in  accordance  with  the  provisions 
of  the  act  above  mentioned,  and  that  all  other  proceedings  of  the  board 
of  supervisors  of  such  levee  district,  and  of  the  board  of  super- 
visors of  said  county,  in  the  matter  of  the  issuance  of  this  bond,  were 
regvilar  and  in  strict  accordance  with  the  provisions  of  the  said  act 
above  mentioned,  and  the  constitution  of  the  state  of  California;  and 
that  the  total  bonded  indebtedness  of  said  district  authorized  at  said 
election  does  not  exceed  the  entire  estimate  of  the  expense  of  the  work 
planned  and  the  cost  of  the  maintenance  of  said  work  for  one  year  after 
the  date  of  their   completion. 

This  bond  is  in  the  form  prescribed  by  the  order  of  said  board  of  super- 
visors, duly  made  and  entered  in  its  minutes  on  the  day  of  , 

19 — ,  and  in  substantial  conformity  to  the  form  prescribed  by  said  act, 

and  this  bond  shall  be  payable  out  of  the  bond  fund  of  said  levee 

district,  and  the  money  for  the  redemption  of  said  bond,  and  the  ipay- 
ment  of  the  interest  thereon,  shall  be  raised  by  taxation  upon  the  taxable 
property  of  said  district. 

In  witness  whereof  the  said  board  of  supervisors  has  caused  this  bond 
to  be  signed  by  its  chairman  and  by  the  auditor  of  said  county,  with 
its  seal  of  office  attached  this  day  of  ,  19 — . 

Chairman  of  the  board  of  supervisors  of  the  county  of . 

Attest: . 

Auditor  of  county. 

The  interest  coupon  shall  be  in  the  following  form: 

On  the  day  of ,  19 — ,  the  treasurer  of   the   county* of  — ^ — , 

state  of  California,  will  pay  to  the  holder  hereof  out  of  the  bond  fund 

of  the  levee  school  district  of  said  county,  at  his  office  in  the  city 

of. in  said  county,  the  sum   of  .$ for  interest   on  bond   of  said 

district.  No. . 

§8.  Bonds  to  be  numbered  and  signed.  Bonds  issued  under  this  act 
shall  be  numbered  consecutively,  signed  by  the  chairman  of  the  board 
of  supervisors  and  attested  by  the  county  auditor,  who  shall  affix  thereto 
his  official  seal.  The  coupons  shall  be  numbered  consecutively  and  signed 
by  the  treasurer  by  original,  or  engraved,  or  lithographed  facsimile  sig- 
nature, and  the  bonds  and  coupons  shall  be  payable  at  the  office  of  the 
county  treasurer.  In  case  any  officer  whose  signature  or  attestation  or 
countersignature  appears  on  any  bonds  or  coupons  thereof  issued  under 
the  provisions  of  this  act  shall  cease  to  be  such  officer  before  the  sale  or 
delivery  of  said  bonds  to  the  purchaser  thereof,  such  signature,  counter- 
signature or  attestation  appearing  either  on  the  bonds  or  the  coupons 
or  on  both  shall  nevertheless  be  valid  and  sufficient  for  all  purposes,  the 
same  as  if  such  officer  had  remained  in  office  until  the  sale  or  delivery 
of  such  bonds.     [Amendment  approved  May  22,  1917;  Stats.  1917,  p.  812.] 

§  8a.  Sale  of  bonds.  Said  bonds  must  be  sold  in  the  manner  pre- 
scribed by   the  board   of   supervisors,   but  for   not   less   than    par.     The 


Act  1922,  §§  8b,  8c  general  laws.  972 

board  of  supervisors  may  sell  all  the  bonds  of  said  issue  at  one  time, 
or  may  sell  less  than  the  whole,  to  wit,  any  part  thereof,  at  one  time, 
and  from  time  to  time.  In  the  event  the  whole,  or  any  part  of  said 
issue  of  bonds,  may  be  offered  for  sale  at  one  time,  the  board  of  super- 
visors may  sell  either  the  whole  or  any  lesser  number  of  the  bonds  so 
offered  for  sale.  All  moneys  realized  from  the  sale  of  said  bonds  shall 
be  placed  on  deposit  with  the  county  treasurer  to  the  credit  of  the  bond 
fund  of  said  district,  and  shall  not  be  expended  for  any  purpose  other 
than  tliat  for  which  said  bonded  indebtedness  was  incurred  as  specified 
in  section  one  of  this  act.  [New  section  added  May  22,  1917;  Stats. 
1917,   p.   816.] 

§  8b.  Action  to  have  bonds  declared  valid.  Siunmons.  Treasurer's 
record.  As  soon  as  said  bonds  shrill  have  been  delivered  to  said  county 
treasurer,  the  board  of  trustees,  or  any  holder  of  title,  or  evidence  of 
title,  including  possessory  rights,  to  lands  contained  in  the  district,  may, 
in  order  to  determine  that  said  bonds  are  a  legal  obligation  of  the  dis- 
trict, institute  a  proceeding  therefor  in  the  superior  court  of  the  county 
in  which  the  district  was  organized  by  filing  with  the  clerk  of  said 
county  a  complaint  setting  forth  that  on  a  date  therein  named  bonds  of 
said  district  were  delivered  to  the  said  treasurer,  stating  the  amount 
of  such  bonds,  and  praying  that  such  bonds  be  adjudged  to  be  a  valid 
legal  obligation  of  such  district.  The  summons  in  such  proceeding  shall 
be  served  by  publishing  a  copy  thereof  once  a  week  for  four  weeks  in 
some  newspaper  of  general  circulation  published  in  each  county  in  which 
any  of  the  lands  contained  in  said  district  are  located.  Within  thirty 
days  after  the  last  publication  thereof  shall  have  been  completed  and 
proof  thereof  filed  with  the  court,  any  person  interested  may  appear  and 
answer  said  complaint,  in  which  case  said  answer  shall  set  forth  the 
facts  relied  upon  to  show  the  invalidity  of  said  bonds.  If  no  answer 
shall  be  filed  mthin  said  time,  the  court  must  render  judgment  as  prayed 
for  in  the  complaint.  If  an  answer  be  filed  the  court  shall  proceed  as 
in  other  civil  cases.  Said  proceeding  is  hereby  declared  to  be  a  proceed- 
ing in  rem  and  the  judgment  rendered  therein  shall  be  conclusive 
against  all  persons  whomsoever  and  against  the  state  of  California.  In 
the  event  said  district  comprises  lands  situated  in  more  than  one  county, 
such  action  shall  be  brought  in  the  superior  court  of  the  county  in  which 
the  larger  portion  of  the  district  is  situated. 

The  trrjasurer  of  the  county  shall  keep  a  record  of  all  bonds  by  num- 
ber, date  of  sale,  amount,  date  of  maturity,  and  the  name  and  postoffice 
address  of  the  purchaser  when  known,  which  record  shall  be  open  at  all 
times  for  public  inspection.  [Now  section  added  May  22,  1917;  Stats. 
1917,  p.  817.] 

§  8c,  Bonds  exempt  from  taxation.  Bonds  legal  investment.  Any 
bonds  issued  by  any  levee  district  under  tlie  provisions  of  this  act  are 
hereby  given  the  same  force,  value  and  use  as  bonds  issued  by  any  muni- 
cipality anil  shall  be  exempt  from  all  taxation  within  the  state  of  Cali- 
fornia. 

The  bonds  of  levee  districts  issued  pursuant  lo  tliis  act  may  1)0  la.w- 
fully  ])urciiased  or  received  in  jiledge  for  loans  by  banks,  trust  com- 
panies, guardians,  executors,  administrators,  and  special  administrators, 


973  LEVEE  DIISTRICTS.  Act  1922,  §  9 

or  by  any  public  officer  or  oflicers  of  this  state,  or  of  any  county,  city, 
or  city  aud  county,  or  other  municipal  or  corporate  body  within  the 
state,  having  or  holding  bouds  [funds]  which  they  are  allowed  by  law 
to  invest  or  loan.     [New  section  added  May  22,  1917;  Stats.  1917,  p.  817.] 

§  9.  Tax  to  pay  interest  and  principal.  Levy  and  collection.  Lien  on 
property.  Levy  and  collection  of  tax  when  land  situated  in  more  than 
one  county.  In  addition  to  any  other  estimate  which  the  board  of  trus- 
tees may  be  required  by  law  to  make  and  to  submit  to  the  board  of  su- 
l)ervisors  of  the  county  in  which  said  district  is  situated,  the  board  of 
trustees,  on  or  before  the  first  day  of  September  of  each  year,  shall  cer- 
tify to  the  board  of  supervisors,  if  said  district  is  situated  in  one  county, 
but  if  it  comprises  lands  situated  in  more  than  one  county,  then  the  re- 
spective boards  of  supervisors  of  each  county  within  which  lands  of  said 
district  are  situated,  the  amount  of  interest  upon  all  outstanding  bonds 
to  grow  due  within  the  said  year,  and  the  amount  of  moneys  necessary 
to  redeem  any  or  all  outstanding  bouds  that  may  grow  due  in  said  year. 
At  the  time  when  by  law  it  is  the  duty  of  the  board  of  supervisors  of 
said  county  to  fix  the  annual  tax  rate  of  such  county,  said  board  of 
supervisors  must  levy  a  tax  upon  the  taxable  property  situated  in  such 
levee  district,  for  the  interest  and  redemption  of  said  bonds,  and  such 
tax  must  not  be  less  than  sufficient  to  pay  the  interest  on  said  bonds 
for  that  year  and  such  portion  of  the  principal  as  is  to  become  due  dur- 
ing such  year,  and  such  proportion  of  the  principal  that  at  the  end  of 
ten  years  the  sum  raised  from  such  levies  shall  equal  at  least  twenty- 
five  per  cent  of  the  amount  of  bonds  issued,  at  the  end  of  twenty  years 
at  least  fifty  per  cent  of  the  amount,  and  at  and  before  the  date  of  the 
maturity  of  the  bonds  shall  be  equal  to  the  w^hole  amount  of  the  prin- 
cipal, and  the  money  arising  from  such  levies  shall  be  known  as  the 
bond  fund,  and  shall  be  used  for  the  payment  of  bonds  aud  interest 
coupons  and  for  no  other  purpose  whatever;  and  the  county  treasurer 
shall  open  and  keep  in  his  book  a  separate  and  special  account  which, 
at  all  times,  shall  show  the  exact  condition  of  such  bond  fund. 

Such  tax  shall  be  levied  on  all  property  in  the  territory  comprising  the 
district,  and  shall  be  collected  at  the  same  time  and  in  the  same  manner 
and  form  as  county  taxes  are  collected,  and  when  collected  shall  be  held 
by  the  treasurer  for  the  credit  of  said  district,  to  be  paid  by  orders  of 
such  treasurer  issued  under  the  authority  of  and  signed  by  the  president 
of  the  board  of  trustees  of  said  district.  Such  taxes  shall  be  a  lien  on 
all  the  property  within  the  territory  comprising  the  district,  and  of  the 
same  force  and  effect  as  other  liens  for  taxes,  and  its  collection  shall  be 
enforced  by  the  same  means  and  in  the  same  manner  as  provided  for  in 
the  enforcement  of  liens  for  county  taxes. 

In  the  event  the  said  district  comprises  land  situated  in  more  than 
one  county,  then  said  estimate  shall  be  furnished  to  the  board  of  super- 
visors of  each  of  the  counties  within  which  said  lands  of  said  district 
are  situated.  In  such  case  at  the  time  when  by  law  it  is  the  duty  of 
the  board  of  supervisors  of  said  respective  counties  to  fix  the  annual 
tax  rate  of  each  county,  it  shall  be  the  duty  of  the  board  of  supervisors 
of  each  of  said  counties  respectively  to  levy  a  tax  upon  the  taxable 
property  in  such  levee  district  as  may  be  situated  in  said  county  for  the 
interest  and  redemption  of  said  bonds,  and  such  tax  must  not  be  less  in 


Act  1922,  §  10  GENERAL   LAWS.  974 

the  aggregate  than  sufficient  to  pay  the  interest  on  said  bonds  for  that 
year  and  such  portion  of  the  principal  as  is  to  become  due  during  such 
year,  and  such  portion  of  the  principal  that  at  the  end  of  ten  years  the 
sum  raised  from  such  levies  shall  equal  at  least  twenty-five  per  cent  of 
the  amount  of  bonds  issued,  at  the  end  of  twenty  years  at  least  fifty  per 
cent  of  the  amount,  and  at  and  before  the  date  of  maturity  of  the  bonds 
shall  be  equal  to  the  whole  amount  of  the  principal,  and  the  money  aris- 
ing from  such  levies  shall  be  known  as  the  bond  fund  and  shall  be  used 
for  the  payment  of  bonds  and  interest  coupons  and  for  no  other  purpose 
whatever.  The  county  treasurer  of  each  county  shall  open  and  keep  in 
his  book  a  separate  and  special  account  which  shall  at  all  times  show  the 
exact  condition  of  such  bond  fund.  Such  tax  shall  be  levied  on  all  prop- 
erty in  the  territory  comprising  the  district  situated  in  said  county,  and 
shall  be  collected  at  the  same  time  and  in  the  same  manner  and  form 
as  county  taxes  are  collected,  and  when  collected  shall  be  held  by  the 
treasurer  of  each  of  said  counties.  Upon  the  first  days  of  January,  April, 
July  and  October  of  each  year  succeeding  the  date  of  issuance  of  said 
bonds,  the  county  treasurer  of  each  county,  other  than  the  countj^ 
wherein  the  larger  portion  of  the  lands  of  said  district  is  situated,  shall 
transmit  to  the  county  treasurer  of  the  county  in  which  the  larger  por- 
tion of  the  lands  of  said  district  is  situated  all  sums  then  in  his  posses- 
sion in  said  bond  fund,  and  the  county  treasurer  of  the  county  in  which 
the  larger  portion  of  the  lauds  of  said  district  is  situated-  shall  issue  his 
receipt  therefor.  Such  taxes  shall  be  a  lien  upon  all  the  property  within 
the  territory  comprising  the  district,  and  of  the  same  force  and  effect  as 
other  liens  for  taxes,  and  the  collection  of  said  taxes  shall  be  enforced 
by  the  same  means  and  in  the  same  manner  as  provided  by  law  for  the 
enforcement  of  liens  for  county  taxes.  [Amendment  approved  May  22, 
1917;  Stats.  1917,  p.  818.] 

§  10.  Redemption  of  bonds.  Whenever  there  shall  be  in  the  bond 
fund  of  such  district  a  surplus  of  one  thousand  dollars  of  more,  oyer  and 
above  the  interest  maturing  before  the  next  levy,  the  treasurer  shall  give 
notice  for  two  weeks  in  one  or  more  newspapers  of  general  circulation, 
printed  and  published  in  the  county  in  which  such  district  is  situated, 
stating  the  amount  of  such  surplus,  and  that  on  the  day  and  hour  named 
in  such  notice,  sealed  proposals  will  be  received  at  his  office  for  the  sur- 
render of  bonds  of  the  district,  and  shall  at  the  time  and  place  named 
open  the  proposals  and  accept  the  lowest  bid;  provided,  that  no  bid  shall 
be  accepted  for  an  amount  exceeding  the  par  value  of  such  bonds  with 
accrued  interest;  if  bids  are  not  offered  at  par,  or  less,  sufficient  to  ex- 
haust the  amount  on  hand  applicable  to  redemption,  the  treasurer  shall 
publish  for  the  same  time  and  in  the  same  manner  a  notice  that  he  will 
redeem  a  bond  or  bonds  of  said  district,  giving  the  number  or  numbers 
thereof,  and  that  if  not  presented  for  redemption  within  thirty  days 
after  the  date  of  the  first  publication  of  such  notice,  the  interest  thereon 
will  cease,  and  the  amount  due  thereon  will  be  set  aside  for  the  payment 
of  such  bond  or  bonds  whenever  presented.  If  any  such  bond  be  not  so 
presented,  interest  thereon  shall  cease,  and  the  amount  due  thereon  shall 
be  set  aside  as  specified  in  said  notice.  All  redemption  of  bonds  other 
than  those  voluntarily  surrendered  siiall  be  nindc  in   Die  exact  order  of 


975  LEVEE  DISTRICTS.  Act  1923,  §  3 

their  numbering,   beginning  with  the  lowest   or  first   number.      [AmciHt- 
ment  approved  May  22,  1917;  Stats.  1917,  p.  819.] 

§  11.  Act  full  authority  for  issuance  and  sale  of  bonds.  Levee  district 
fund.  This  act  shall  without  reference  to  any  other  act  of  the  legislature 
of  the  state  of  California  be  full  authority  for  the  issuance  and  sale  of 
the  bonds  in  this  act  authorized,  which  bonds  shall  have  all  the  qualities 
of  negotiable  paper  under  the  law  merchant,  and  when  executed  by  the 
officials  as  provided  in  this  act  in  conformity  with  the  provisions  of  this 
act,  and  when  sold  in  the  manner  prescribed  therein  and  the  considera- 
tion therefor  received  by  the  county  treasurer  for  the  benefit  of  said  dis- 
trict, shall  not  be  invalid  for  any  irregularity  or  defect  in  the  proceed- 
ings for  the  issuance  and  sale  thereof,  and  shall  be  incontestible  in  the 
hands  of  bona  fide  purchasers  or  holders  thereof  for  value.  The  moneys 
obtained  from  the  sale  of  such  bonds  shall  be  by  the  county  treasurer 
placed  in  a  fund  to  be  called  the  " levee  district  fund,"  and  all  pay- 
ments of  any  of  the  expenses  of  the  work  or  improvements  for  which 
said  bonded  indebtedness  was  incurred  shall  be  paid  out  upon  warrants 
drawn  by  the  board  of  trustees  of  said  levee  district.  [New  section 
added  May  22,  1917;  Stats.  1917,  p.  820.] 

ACT  1923. 

An  act  to  create  a  levee  district  to  be  called  and  designated  Sacramento 
Eiver  west  side  levee  district;  to  prevent  the  overflow  of  flood  waters 
from  the  Sacramento  River  from  flooding  on  to  the  lands  within  said 
district  by  the  construction  of  levees  along  the  west  bank  of  the 
Sacramento  River  and  adjacent  thereto  and  maintain  the  same;  pro- 
viding for  the  election  and  appointment  of  officers  of  said  levee  dis- 
trict; defining  the  powers,  duties  and  compensation  of  such  officers; 
and  providing  for  levying  and  collecting  assessments  upon  the  lands 
within  said  levee  district. 

[Approved  May  18,  1915.     Stats.  1915,  p.  516.] 

Amended  1917;  Stats.  1917,  p.  1211. 

The  amendment  of  1917  follows: 

§  3.  Election.  Manner  of  conducting.  Conunissioner  takes  office 
when.  An  election  shall  be  held  within  forty  days  after  the  date  upon 
which  this  act  shall  take  effect,  and  on  the  last  Monday  of  October  of 
every  fourth  calendar  year  thereafter,  at  which  election  said  commis- 
sioners shall  be  elected.  Said  first  election  shall  be  called  by  the  recla- 
mation board  created  by  that  certain  act  of  the  legislature  of  the  state 
of  California,  entitled:  "An  act  approving  the  report  of  the  California 
debris  commission  transmitted  to  the  speaker  of  the  house  of  repre- 
sentatives by  the  secretary  of  war  on  June  27,  1911,  directing  the 
approval  of  plans  of  reclamation  along  the  Sacramento  River  or  its  tribu- 
taries or  upon  the  swamp-lands  adjacent  to  said  river,  directing  the 
state  engineer  to  procure  data  and  make  surveys  and  examinations  for 
the  purpose  of  perfecting  the  plans  contained  in  said  report  of  the  Cali- 
fornia debris  commission  and  to  make  report  thereof,  making  an  appro- 
priation to  pay  the  expenses  of  such  examinations  and  surveys,  and 
creating  a  reclamation  board  and  defining  its  powers,"  approved  Decem- 


Act  1923,  §  3  GENERAL   LAWS.  976 

ber  24,  1911,  or  such  board  as  may  by  law  be  made  its  successor.     Said 
reclamation  board  shall  also  designate  the  voting  place  for  said  first  elec- 
tion and  for  all  succeeding  elections.     Notice  of  the  time  and  place  of 
holding  all  elections  shall  be  given  by  said  reclamation  board  by  publi- 
cation once  a  week  for  two  weeks  next  preceding  such  election,  in  some 
new^sjiaper  published  in  Colusa  county  and  also  in  some  newspaper  pub- 
lished in  Yolo  county.     In  the  first  election  the  reclamation  board  shall, 
prior  to  the  election,  procure  from  the  assessors  of  said  counties  of  Yolo 
and  Colusa,  respectively,  a  list  certified  by  such  assessors,  respectively, 
containing  a  description  of  all  the  lands  of  the  district  situated  in  such 
counties,  the  name  of  the  person  to  whom  each  tract  is  assessed  and  the 
acreage  thereof  as  it  appears  from  the  last  prior  assessment-roll  of  said 
counties,  which  said  list  shall  be  furnished  to  and  be  used  by  the  board 
of   election   hereinafter   described   in   determining   the   number   of   votes 
each  voter  is  entitled  to  cast.     In  all  elections  said  reclamation  board 
shall  appoint  an  inspector  and  two  judges  of  election,  who  shall  consti- 
tute a  board  of  election  for  such  voting  place.     At  the  first  election  of 
commissioners  each   owner   of  land  within   said  levee   district   as   above 
defined,  shall  be  entitled  to  cast  one  vote,  in  person  or  by  proxy,  for  each 
commissioner   to   be   elected   therein   for   each   acre  of   land   or   fraction 
thereof  owned  by  such  land  owner  within  said  district,  such  acreage  to 
be  determined  by  the  aforesaid  assessment-roll  of  the  county  in  which  the 
same   is   situated.     In    case    of   town   lots,   or   where   the   acreage   is  not 
stated,  the  board  of  election  officers  shall  determine  the  amount  of  acre- 
age therein.     The  estates  of  minors,  incompetents,  deceased  persons  and 
beneficiaries  under  a  trust  shall  b.e  represented  by  the  guardian,  executor, 
administrator    or   trustee   in   person.     Where    a   tract   is   situated   partly 
within  and  partly  without  the  boundaries  of  such  district,  and  the  assess- 
ment-roll contains  the  acreage  of  said  tract  of  land  as  a  whole,  the  same 
must  be  apportioned  according  to  the  number  of  acres  lying  within  and 
without  the  boundaries  of  said  district.     In  the  case  of  all  elections  after 
the  first  election  hereinbefore  provided  for,  each  land  owner  in  said  dis- 
trict shall  be  entitled  to  east  one  vote,  either  in  person  or  by  proxy,  for 
each    commissioner   to    be    elected   therein   for    each    dollar,    or   fraction 
thereof,  assessed  against  his  land,  as  shown  by  the  first  assessment  list 
in  said  district  as  prepared  by  the  assessors  and  heretofore  filed  with  the 
reclamation  board,  as  provided  in  section  six  of  this  act,  or  in  the  event 
that    said    assessment   list   has   been   equalized   by   the   said   reclamation 
board  before  the  time  of  said  election,  then  as  shown  by  the  said  assess- 
ment list  so  equalized  by  the  reclamation  board.     No  person  shall  vote 
by  proxy  at  such   election,  unless  authority  to   cast  such  vote  shall  be 
evidenced   by   an   instrument   in   writing,   duly   acknowledged   and    certi- 
fied in  the  same  manner  as  grants  of  real  property,  and  filed  with  the 
board  of  election.     In  case  no  board  of  election  shall  be  appointed,  or 
if  any  member  thereof  shall  fail  or  refuse  to  serve,  the  land  owners  pres- 
ent at  the  time  of  llie  opening  of  such  election  may  appoint  such  board 
of  election  or  supply  the  ]>lace  of  an  absent  member.      i*'ach   member  of 
the  board   of  election   must,   before  entering  upon   tlie   discharge   of  his 
duties,   be   sworn   to   perform   them   faithfully.     Any    i)erson   entitled    to 
vote  at  such  election  may  administer  the  ontli.     The  polls  shall  be  kept 
ojjcii   from  ten   o'clock    A.   M.   till    four  o'clock    T.    M.   on   the  day  of  said 


977  LEVEK  DISTRICTS.  Act  1923,  §  7 

eloetion.  The  board  of  election  must  keep  a  list  of  the  names  of  the 
persons  voting  at  such  election,  together  with  a  statement  of  the  num- 
ber of  votes  cast  by  each,  and  shall  canvass  the  votes  and  make  a  return 
thereof  showing  the  number  of  votes  cast  for  each  person  for  levee  com- 
missioner and  shall  return  therewith  said  list  containing  the  names  of 
the  land  owners  voting  at  such  election.  Such  election  shall  be  by  ballot, 
which  ballots  must  contain  the  name  of  the  person  voting  same,  the  total 
number  of  votes  cast,  the  names  of  the  persons  voted  for  and  the  num- 
ber of  votes  east  for  each  of  said  persons.  The  ballots  must  be  inclosed 
in  an  envelope  by  the  election  board,  and  delivered,  with  the  eleetion 
returns,  to  the  said  reclamation  board,  and  said  reclamation  board  shall 
cause  a  certificate  of  election  to  be  issued  within  five  days  to  the  person 
or  persons  receiving  the  highest  number  of  legal  votes.  If  a  certificate 
of  election  shall  be  issued  to  any  person  who  has  not  received  the  highest 
number  of  legal  votes,  and  upon  an  affidavit  being  filed  by  a  land  owner 
in  the  said  levee  district,  setting  forth  that  such  person  did  not  receive 
the  highest  number  of  lega'l  votes,  and  giving  the  names  of  the  persons 
who  cast  illegal  votes  for  such  person,  and  the  number  of  such  illegal 
votes  so  cast,  the  said  reclamation  board  shall  canvass  the  election  re- 
turns, and  hear  evidence  touching  the  legality  of  any  votes  cast,  and 
may  revoke  such  certificate  of  election  and  issue  a  certificate  to  the  per- 
son legally  elected.  Within  fifteen  days  after  receiving  a  certificate  of 
election,  and  before  entering  upon  the  duties  of  his  office,  each  levee  com- 
missioner shall  take  the  oath  of  office  prescribed  by  law,  and  file  the  same 
in  the  office  of  said  reclamation  board.  All  vacancies  in  the  board  of 
levee  commissioners  shall  be  filled  by  the  said  reclamation  board,  and 
such  appointee  shall  hold  office  until  the  next  succeeding  election,  and 
the  qualification  of  his  successor.  Such  person  shall  possess  the  same 
qualifications  as  an  elected  commissioner.  [Amendment  approved  Maj^ 
26,  1917;  Stats.  1917,  p.  1212.] 

§  7.  Charges  become  lien.  Statement  that  assessment  delinq.uent. 
Sale  of  property.  Purchase  by  district.  Redemption.  Land  not  charged 
to  be  later  charged.  Correction  of  errors.  To  whom  payments  made. 
Moneys  deposited  in  treasury.  From  and  after  the  filing  of  the  original 
list  with  the  count}'  treasurer  of  Colusa  county,  and  from  and  after  the 
filing  of  the  duplicate  original  list  with  the  county  treasurer  of  Yolo 
county,  the  charges  assessed  upon  any  tract  of  land  within  each  respec- 
tive county  shall  constitute  a  lien  thereon,  and  shall  impart  notice  thereof 
to  all  persons.  No  subsequent  act  or  conduct  of  the  commissioners  shall 
invalidate  said  assessment  or  lien,  but  such  commissioners  may  be  com- 
pelled by  mandate  or  other  proper  proceeding  to  perform  their  duties, 
as  required  by  law.  The  list  thus  prepared  and  filed  must  remain  in  the 
offices  of  the  respective  treasurers  for  thirty  days  from  such  filing,  or 
longer  if  ordered  by  the  board  of  levee  commissioners,  and  during  the 
time  they  so  remain,  any  person  may  pay  the  amount  of  the  charge 
assessed  against  any  tract  of  land  to  the  treasurer  of  the  county  in 
which  such  tract  is  situated,  in  gold  coin  of  the  United  States,  or  in 
warrants  of  the  district.  At  the  end  of  thirty  days  the  treasurers  must 
return  the  lists  to  the  board  of  commissioners  of  the  district.  The  said 
board,  from  time  to  time  in  its  discretion,  may,  by  order  entered  in  its 
62 


Act  1923,  §  7  GENERAL  LAWS.  978 

minutes,  direct  the  said  assessment  to  be  collected  and  paid  in  separate 
installments,  of  such  amounts  and  at  such  time,  respectively,  as  the  said 
board  may  determine.  After  any  order  has  been  made  calling  in  an 
installment  of  assessment,  the  secretary  of  the  said  district,  for  the  in- 
formation of  the  land  owners,  shall  mail  to  each  land  owner,  as  de- 
scribed in  the  said  assessment  list,  if  his  address  be  known  to  such  secre- 
tary, or,  if  not,  then  to  the  county  seat  of  the  county  in  which  such  land 
may  be  situated,  a  statement  stating  the  amount  of  the  call  of  such  as- 
sessment, and  stating  further  that  said  installment,  if  unpaid  at  the  ex- 
piration of  thirty  days  from  the  date  of  such  order,  shall  become  delin- 
quent, which  said  statement  shall  be  mailed  by  said  secretary  within 
ten  days  after  the  date  of  any  such  order  calling  in  any  installment  of 
such  assessment,  and  each  installment  of  assessment,  from  the  time  of 
the  order  of  said  board  directing  the  same  to  be  collected  and  paid,  shall 
bear  interest  at  the  rate  of  seven  per  cent  per  annum  until  paid;  if  any 
such  installment  shall  remain  unpaid  at  the  expiration  of  thirty  days 
from  the  date  of  the  order,  then  said  installment  shall  become  delin- 
quent, together  with  the  accrued  interest  thereon,  and  ten  per  cent  of 
the  amount  of  said  installment  and  interest  shall  bo  added  thereto,  and 
collected  for  the  use  of  the  district;  provided,  further,  that  the  commis- 
sioners must  on  the  first  day  of  January  of  each  year,  order  the  collec- 
tion of  a  sufficient  amount  of  said  assessment  to  pay  all  warrants  that 
have  been  issued  and  outstanding  for  a  period  of  two  years  or  more, 
together  with  the  interest  on  such  warrants.  Immediately  after  the  said 
installment  has  become  delinquent,  the  board  of  levee  commissioners  must 
publish  a  notice  at  least  once  each  week  for  three  weeks  in  some  news- 
paper of  general  circulation  published  in  the  county  or  counties  in  which 
any  land  upon  which  such  installment  may  be  delinquent  is  situated, 
which  notice  shall  contain  a  description  of  the  property  assessed,  the 
name  of  the  person  to  whom  it  is  assessed,  or  a  statement  that  it  is 
assessed  to  unknown  owners,  if  such  be  the  fact;  the  amount  of  the  de- 
linquent installment,  the  amount  of  the  interest  at  the  date  of  delin- 
quency, the  amount  of  the  penalty  that  has  been  added  as  above  pro- 
vided, and  a  notice  that  the  property  assessed  will  be  sold  on  a  date 
therein  stated,  at  such  time  and  place  in  said  district  as  the  board  of 
commissioners  may  in  said  notice  designate,  to  pay  said  installment  with 
accrued  interest  and  the  penalty  hereinbefore  specified.  At  the  time 
stated  in  said  notice,  or  such  other  time  to  which  said  sale  may  have 
been  postponed,  the  commissioners  must  sell  said  property  to  the  highest 
bidder  for  gold  coin  of  the  United  States.  Out  of  the  proceeds  of  said 
sale  the  commissioners  must  pay  the  amount  of  said  installment  with  the 
accrued  interest  thereon  and  the  penalty  herein  provided  for  to  the 
county  treasurer  of  the  county  of  Colusa  who  shall  place  the  same  in  the 
proper  funds  of  said  district,  and  the  commissioners  must  pay  to  the 
owner  of  said  property  any  surplus  remaining  after  such  payment  to  said 
county  treasurer.  The  commissioners  nmy  postpone  said  sale  from  time 
to  time  by  a  written  notice  posted  at  the  place  of  sale.  If  no  bid  is 
made  for  said  property  equal  to  the  amount  of  said  installment,  accrued 
interest  and  penalty,  the  district  shall  become  the  purchaser,  and  the 
said  [jroperty  must  be  struck  off  to  the  district  for  the  amount  of  said 
installment,  accrued  interest  and  penalty.     A  certificate  of  such  sale  shall 


979  LEVEE  DISTRICTS.  Act  1923,  §  7 

be  executed  by  the  commissiouers  of  said  levee  district  to  the  purchaser, 
or  to  the  district,  if  the  property  shall  have  been  struck  off  to  the  dis- 
trict, and  said  certificate  of  sale  shall  be  recorded  in  the  office  of  the 
county  recorder  of  the  county  in  which  the  land  sold  is  situated,  or  if 
situated  in  two  counties,  then  in  the  office  of  the  county  recorder  of  each 
thereof.  Any  person  interested  in  said  property  may  redeem  the  same 
at  any  time  within  one  year  after  the  date  of  said  sale,  by  paying  in 
gold  coin  or  in  warrants  of  said  district,  to  the  county  treasurer  of  Colusa 
county  the  amount  of  said  installment  with  the  accrued  interest  and  pen- 
alty, and  interest  on  the  said  sums  at  the  rate  of  two  per  cent  per  month 
from  the  date  of  said  sale. 

If  no  redemption  shall  be  made  within  said  one  year,  the  purchaser, 
or  the  district,  if  said  property  shall  have  been  sold  to  the  district,  shall 
be  entitled  to  a  deed  executed  by  said  commissioners,  and  the  effect  of 
such  deed  shall  be  to  convey  said  property  free  of  all  liens  and  encum- 
brances, excepting  state,  county  and  municipal  taxes,  and  the  liens  of 
assessments  now  levied  or  which  may  hereafter  be  levied  by  any  of  the 
reclamation  districts  situate  within  said  levee  district,  or  by  the  Knights 
Landing  Eidge  drainage  district,  and  the  unpaid  balance  of  said  assess- 
ment of  said  levee  district,  if  any,  which  said  balance  must  be  called 
in  and  collected  in  the  same  manner  as  other  assessments;  provided,  that 
wliere  said  property  shall  have  been  deeded  to  the  district  and  shall  not 
have  been  sold  by  the  commissioners,  the  same  shall  not  be  offered  for 
sale  for  subsequent  installments  of  said  assessments  so  long  as  the  dis- 
trict shall  remain  the  owner  of  said  property,  but  the  commissioners  may 
sell  said  property  at  any  time  at  public  auction  after  notice  given  for 
the  same  period  and  in  the  same  manner  as  is  herein  provided  for  sales 
for  delinquent  installments,  but  not  for  a  sum  less  than  all  delinquent 
unpaid  installments  with  accrued  interest  and  penalties,  and  the  deed 
executed  in  pursuance  of  such  sale  shall  convey  said  property  free  of 
all  encumbrances,  except  state,  county  and  other  municipal  taxes,  the 
lien  of  any  assessments  levied  or  which  may  hereafter  be  levied  by  any 
reclamation  district  within  said  levee  district,  or  the  Knights  Landing 
Ridge  drainage  district,  and  the  unpaid  balance  of  said  assessment. 

In  all  cases  where  an  assessment  has  been,  or  shall  hereafter  be,  levied 
for  any  purpose  on  the  lands  embraced  within  said  levee  district,  if, 
for  any  reason,  any  tract  or  tracts  of  land  shall  not  have  been  charged 
with  said  assessment,  then  such  tract  or  tracts  of  land  shall  be  charged 
in  any  subsequent  assessment  with  such  proportion  of  the  former  assess- 
ment as  the  benefits  derived  by  said  lands  from  the  levee  works,  for 
which  said  former  assessment  was  levied,  bears  to  the  whole  amount  of 
said  former  assessment;  or  a  subsequent  reassessment  of  such  tract  or 
tracts  of  land  may  be  made  separately  for  the  purpose  of  charging  said 
land  with  its  proper  proportion  of  the  costs  of  levee  protection.  Such 
reassessment  shall  be  made  by  assessors  appointed  by  the  reclamation 
board,  as  provided  by  this  act,  and  must  be  made  and  approved  in  the 
same  manner  as  other  assessments.  The  assessors  appointed  by  the 
reclamation  board  must  make  a  list  of  the  charges  assessed  against 
each  tract  of  land;  and,  if  there  be  any  error  or  mistake  in  the  descrip- 
tion of  the  land  or  in  the  name  of  the  owner,  or  if  any  land  which  should 
be  assessed  has  been,  or  shall  be,  omitted  from  the  list,  or  if  there  is 


Act  1977  GENERAL  LAWS.  980 

any  error  or  mistake  in  any  otlier  respect,  the  said  assessors  may  amend 
or  correct  the  same  at  any  time  before  the  filing  of  such  list  with  the 
reclamation  board  as  hereinbefore  provided.  Where  payment  is  made  in 
warrants  of  the  district,  legal  interest  must  be  computed  thereon  from 
the  date  thereof  to  the  time  of  such  payment,  when  said  warrants  must 
be  surrendered  to  the  county  treasurer  of  the  .county  of  Colusa  and  by 
him  canceled. 

In  the  event  that  any  land  owner  of  the  said  district  shall  have  paid 
the  amount,  or  any  portion  of  the  amount,  assessed  against  any  tract 
of  land  before  said  assessment  shall  have  been  adjudged  invalid,  in 
whole,  or  in  part,  the  amount  so  paid  by  said  land  owner,  together  with 
legal  interest  thereon  from  the  date  of  such  payment,  shall  be  a  credit 
and  shall  be  credited  by  the  treasurer  of  the  county  where  the  assess- 
ment list  is  filed,  or  by  said  district,  or  upon  any  subsequent  assessment 
on  the  tract  of  land  on  which  the  said  invalid  assessment  was  paid,  or 
be  applied  in  satisfaction  pro  tanto  of  any  such  subsequent  assessment 
thereafter  levied  on  said  tract. 

All  installments  of  assessment,  after  the  original  list  and  the  dupli- 
cate original  have  been  returned  by  the  respective  county  treasurers 
to  the  board  of  levee  commissioners  that  may  be  called  in,  shall  be  paid 
to  the  secretary  of  said  board  of  levee  commissioners,  and  the  same  and 
also  all  proceeds  from  any  delinquent  sale  shall  be  paid  into  the  county 
treasury  of  the  county  of  Colusa,  and  be  placed  by  the  treasurer  thereof 
to  the  credit  of  said  district,  and  paid  out  upon  warrants  issued  by  the 
board  of  levee  commissioners.  At  any  time  an  assessment  on  any  tract 
of  land  may  be  paid  in  full,  notwithstanding  the  same  has  not  been 
called  in  by  the  board  of  levee  commissioners. 

All  moneys  received  from  any  source  by  the  board  of  levee  commis- 
sioners shall  be  paid  by  the  said  board,  or  the  secretary  thereof,  into 
the  county  treasury  of  Colusa  county,  and  be  placed  by  the  treasurer 
to  the  credit  of  the  district,  and  paid  out  upon  the  warrants  of  the  board 
of  levee  commissioners  in  the  manner  hereinbefore  provided. 

On  the  first  Monday  of  each  month  the  county  treasurer  of  Yolo 
county  shall  transmit  to  the  county  treasurer  of  Colusa  county  all  moneys 
that  may  be  in  his  hands  to  the  credit  of  said  district  arising  from  any 
source,  and,  likewise,  all  warrants  that  may  be  delivered  in  payment 
of  any  assessment,  and  all  such  moneys  shall  thereupon  be  placed  to  the 
credit  of  said  district  by  said  county  treasurer  of  Colusa  county.  [Amend- 
ment approved  May  2(1,  1917;  Stats.  1917,  {).  1214.] 

§3.  Repealed.  All  acts  ami  piuis  of  acts  in  coiillict  with  this  act 
arc    herclpy    rc|i(';il(Ml. 

TITLE  310. 

LOS  ANCiKLKS  CITY. 
ACT  1977. 

ClinrtiT    of    Los    Angeles.      |  Slats.    1SS9,   p.    4.")5.] 

Amended  1903,  p.  555;  190.5,  p.  980;  1907,  p.  1160;  1909,  ,k  1289;  1911, 
p.  2051;   1913,  p.  1()29;   1915,  p.  lG8(i;   1917,  p.   108G. 


1)81  LOS    ANGELES    CITY.  Act  1991,  §   1 

ACT   1991, 

An  act  granting  to  the  city  of  Los  Angeles  the  tide-lands  and  submerged 
lands  of  tlie  state  within  the  boundaries  of  the  said  city. 

[Approved  May   1,   1911.     Stats.   1911,  p.   1256.] 

Amended  1917;   Stats.  1917,  p.  159. 

The  amendment  of  1917  follows: 

§  1.  Tide-lands  granted  to  Los  Angeles.  There  is  hereby  granted  to 
the  city  of  Los  Angeles,  a  municipal  corporation  of  the  state  of  Cali- 
fornia, and  to  its  successors,  all  the  right,  title  a'nd  interest  of  the  state 
of  California,  held  by  said  state  by  virtue  of  its  sovereignty,  in  and 
to  all  tide-lands  and  submerged  lands,  whether  filled  or  unfilled,  within 
the  present  boundaries  of  said  city,  and  situated  below  the  line  of  mean 
high  tide  of  the  Pacific  Ocean,  or  of  any  harbor,  estuary,  bay  or  inlet 
within  said  boundaries,  to  be  forever  held  by  said  city,  and  by  its  suc- 
cessors, in  trust  for  the  uses  and  purposes,  and  upon  the  express  condi- 
tions, following,  to  wit: 

(a)  Purposes  for  which  lands  may  be  used.  That  said  lauds  shall  be 
used  by  said  city,  and  by  its  successors,  solely  for  the  establishment, 
improvement  and  conduct  of  a  harbor,  and  for  the  construction,  main- 
tenance and  operation  thereon  of  wharves,  docks,  piers,  slips,  quays  and 
other  utilities,  structures  and  appliances  necessary  or  convenient  for 
the  promotion  and  accommodation  of  commerce  and  navigation,  and 
said  city,  or  its  successors,  shall  not,  at  any  time,  grant,  convey,  give 
or  alien  said  lands,  or  any  part  thereof,  to  any  individual,  firm  or  cor- 
poration for  any  purpose  whatsoever;  provided,  that  said  city,  or  its 
successors,  may  grant  franchises  thereon  for  limited  periods,  in  any 
event  not  to  exceed  thirty  years  for  wharves  and  other  public  uses  and 
purposes,  and  may  lease  said  lands,  or  any  part  thereof,  for  limited 
periods,  in  any  event  not  to  exceed  thirty  years  for  any  and  all  pur- 
poses which  shall  not  interfere  with  commerce  or  navigation,  and  are 
not  inconsistent  with  the  trusts  upon  which  said  lands  are  held  by  the 
state  of  California; 

(b)  Harbor  improved  without  expense  to  state.  That  said  harbor  shall 
be  improved  by  said  city  without  expense  to  the  state,  and  shall  always 
remain  a  public  harbor  for  all  purposes  of  commerce  and  navigation, 
and  the  state  of  California  shall  have,  at  all  times,  the  right  to  use, 
without  charge,  all  wharves,  docks,  piers,  slips,  quays  and  other  improve- 
ments constructed  on  said  lands,  or  any  part  thereof,  for  any  vessel  or 
other  water  craft,  or  railroad,  owned  or  operated  by  the  state  of  Cali- 
fornia; 

(c)  No  discrimination  in  rates.  That  in  the  management,  conduct  or 
operation  of  said  harbor,  or  of  any  of  the  utilities,  structures  or  ap- 
])liances  mentioned  in  paragraph  (a),  no  discrimination  in  rates,  tolls, 
or  charges,  or  in  facilities,  for  any  use  or  service  in  connection  there- 
with shall  ever  be  made,  authorized  or  permitted  by  said  city,  or  by  its 
successors; 

llight  to  fish  reserved  to  people.  Reserving,  however,  in  the  people 
of  the  state  of  California,  the  absolute  right  to  fish  in  the  waters  of  said 


Acts  1991(1-2016,  §  1  GENERAL   LAWS.  982 

harbor,  with  the  right  of  convenient  access  to  said  waters  oVer  said  lands 
for  said  purposes.  [Ameudment  approved  April  20,  1917;  Stats.  1917, 
p.  159.] 

ACT  1991d. 

An  act  to  appropriate  money  to  be  expended  under  the  direction  of  the 
state  board  of  control  in  co-operation  with  the  federal  government  to 
carry  out  the  project  adopted  by  congress  for  the  protection  of  the 
navigability  of  Los  Angeles  and  Long  Beach  harbors,  and  providing 
for  the  future  completion  of  the  entire  project.  [Approved  May  15, 
1917.     Stats.  1917,  p.  533.     In  effect  July  27.  1917.] 

The  act  appropriated  $250,000  for  the  purpose  indicated. 

ACT  1991e. 

An  act  to  appropriate  money  to  be  used  as  a  revolving  fund  by  the 
sixth  district  agricultural  association  for  the  purpose  of  creating, 
installing  and  maintaining  special  expositions  at  Exposition  Park, 
Los  Angeles.      [Approved  June  1,  1917.     Stats.   1917,  p.  1619.] 

The  act  appropriated  $50,000  for  the  purpose  indicated. 

TITLE  311. 

LOS  ANGELES  COUNTY. 
ACT  2016. 

An  act  to  validate  bonds  of  the  Los  Angeles  county  flood  control  dis- 
trict and  all  proceedings  relating  thereto,  and  maliing  final  and  con- 
clusive, except  as  therein  provided,  the  official  canvass  of  election 
returns  of  the  election  at  which  said  bonds  w^ere  voted. 

[Approved  May  f),   1917.     Stats.   1917,  p.  239.     In  effect  July  27,   1917.] 

§  1.  Los  Angeles  county  flood  control  district  bonds  validated.  Bonds 
in  the  amounl  of  four  million  four  huiidreil  fifty  thousand  dollars  of  the 
Los  Angeles  county  flood  control  district,  and  all  the  acts  and  proceed- 
ings of  said  district,  leading  up  to  and  including  the  authorizing  and 
issuance  of  said  bonds,  are  hereby  legalized,  ratified,  confirmed  and  de- 
clared valid  to  all  intents  and  purposes,  which  district  was  created  by 
the  Los  Angeles  county  flood  control  act,  approved  .Tune  12,  1915,  and 
which  bonds  were  authorized  by  virtue  of  an  election  held  in  said  dis- 
trict on  February  20,  1917,  at  which  a  majority  of  the  votes  cast  were 
in  favor  of  incurring  such  bonded  indebtedness,  as  found  and  determined 
by  the  board  of  supervisors  of  said  district  upon  canvassing  such  elec- 
tion returns,  and  which  finding  and  determination  of  the  result  of  said 
election  shall  be  and  is  hereby  declared  to  be  final  and  conclusive  against 
all  persons  except  the  state  of  California  upon  suit  commenced  by  the 
attorney  general.  Any  such  suit  must  be  commenced  within  thirty  days 
after  this  act  takes  cfl'ect  and  not  otherwise. 

Aiui  ail  said  bonds  when  issued  and  sold  as  in  said  act  provided  shall 
be.  and  are  hereby  declared  to  be  legal  and  valid  obligations  of  said 
district,  and  the  faith  and  credit  of  said  Los  Angeles  county  flood  con- 
trol district   is  hereby  i)ledged  for  the   prompt  ]>ayment  and    redemption 


983  MANUFACTURES — MAPS.     Acts  2063,  2066,  §  1 

of  the  principal  and  interest  of  said  bonds  and  said  bonds  by  their  issu- 
ance shall  be  conclusive  evidence  of  the  regularity  of  all  proceedings 
leading  up  thereto,  and  that  they  were  duly  authorized  at  said  election. 

TITLE  321. 

MANUFACTURES. 
ACT  2063. 

An  act  to  provide  for  the  registration  of  factories,  workshops,  mills  and 
other  manufacturing  establishments. 

I  Approved  June  2,  1913.     Stats.  1913,  p.  444.] 
Amended  1917;  Stats.  1917,  p.  270. 
The  amendment  of  1917  follows: 

§  1.     Registration  of  factories.     Notice  by  commissioner  of  laljor.     The 

owner  of  any  factory,  workshop,  mill  or  other  manufacturing  establish- 
ment, where  five  or  more  persons  are  employed,  shall  register  such  fac- 
tory, workshop,  mill  or  other  manufacturing  establishment  with  the  bureau 
of  labor  statistics,  giving  the  name  of  the  owner,  the  name  under  which 
the  business  is  carried  on,  the  location  of  the  plant,  the  address  of  the 
general  offices  or  principal  place  of  business  and  such  other  information 
as  the  commissioner  of  labor  shall  require.  Such  registration  of  existing 
factories,  workshops,  mills  or  other  manufacturing  establishments  shall 
be  made  on  or  before  January  1,  1914.  All  factories,  workshops,  mills 
or  other  manufacturing  establishments  hereafter  established  shall  be  so 
registered  within  thirty  days  after  the  commencement  of  business. 
Within  thirty  days  after  a  change  in  the  location  of  a  factory,  work- 
shop, mill  or  other  manufacturing  establishment  the  owner  thereof  shall 
file  with  the  commissioner  of  the  bureau  of  labor  statistics  the  new 
address. 

Whenever  the  commissioner  of  labor  shall  have  been  notified  or  other- 
wise becomes  aware  of  the  existence  of  a  new  factory,  or  factories,  he 
shall  forward  a  notification  of  said  fact  on  or  before  the  tenth  day  of 
each  month  to  the  state  board  of  health  and  to  the  board  of  health  or 
the  health  officer  of  the  city  and  county  wherein  said  factory  or  fac- 
tories   may   be   located. 

TITLE  322. 

MAPS. 
ACT  2066. 

An  act  to  cure  defects  in  maps  or  plats  filed  for  record  prior  to  January 
1,   1917,  and  in  deeds  or  conveyances  referring  to  such   maps. 

[Approved  .June  J,  1917.     Stats.  1917,  p.  1633.] 

§  1.     Defects  cured  in  maps  filed  prior  to  January  1,  1917.     Any  map 

or  plat  recorded  or  filed  with  the  county  recorder  of  the  county  in  which 
the  lands  shown  on  said  map  or  plat  are  situated  prior  to  the  first  day 
of  January,  one  thousand  nine  hundred  seventeen,  shall  for  all  purposes 
be  deemed  to  have  been  properly  so  recorded  or  filed  and  to  comply  with 
all  the  requirements  of  the  laws  in  force  at  the  time  it  was  so  recorded 


Act  2103,  §§  1-3  GENERAL    LAWS.  984 

or  filed,  notwithstanding  any  defect,  omission  or  informality  in  the  prep- 
aration or  execution  of  such  map  or  plat  or  of  the  affidavits,  certificates, 
acknowledgments,  indorsements,  acceptances  of  dedication  Or  other  mat- 
ters thereon  or  required  to  be  thereon  by  any  law  in  force  at  the  time 
of  such  recording  or  filing,  and  all  sales  or  conveyances  of  land  by  refer- 
ence to  any  such  map  or  plat  shall  be  valid  as  though  said  map  or  plat 
had  been  made,  certified,  indorsed,  acknowledged  and  filed  in  all  respects 
in  accordance  with  the  law^s  in  force  at  the  time  said  map  or  plat  was 
so  recorded  or  filed.  And  any  deed  or  conveyance  referring  to  any  such 
map  or  plat  which,  prior  to  the  passage  hereof,  was  copied  into  the 
proper  book  of  records  kept  in  the  office  of  any  county  recorder  shall 
impart  after  the  passage  hereof  notice  of  its  contents  to  subsequent  pur- 
chasers and  encumbrancers,  notwithstanding  any  defect,  omission  or  in- 
formality in  the  preparation  or  execution  of  such  map  or  plat  or  of  the 
affidavits,  certificates,  acknowledgments,  indorsements,  acceptances  of 
dedication  or  other  matters  thereon  or  required  to  be  thereon  by  any 
law  in  force  at  the  time  of  such  recording  or  filing. 

TITLE  326. 

MARKS  AND  BRANDS. 
ACT  2103. 

An  act  requiring  the  labeling  of  articles  offered  for  sale  and  intended  for 
personal  wear,  manufactured  in  state  penitentiaries,  reform  schools  or 
other  institutions  supported  at  public  expense,  and  requiring  that 
notice  that  such  goods  are  on  sale,  shall  be  conspicuously  posted  in 
places  where  said  goods  are  offered  for  sale, 

[Approved  May  5,  1917.     Stats.  1917,  p.  249.     In  effect  July  27,   1917.] 

§  1.     Articles  manufactured  at  state  institutions  must  be  labeled.     No 

jierson,  persons,  firm  or  corporation,  by  tlieniselves,  their  agents  or  em- 
ployees shall  sell,  offer  for  sale  or  expose  for  sale,  or  have  in  his  or  their 
possession  for  sale,  any  article  intended  for  personal  wear  which  was 
manufactured  at  a  state  penitentiary,  state  reform  school  or  at  any 
other  institution  supported  at  public  expense  and  located  without  the 
boundaries  of  the  state  of  California,  unless  said  article  shall  have 
affixed,  stamped  or  imprinted  thereon,  a  label  in  letters  three-eighths 
of  an  inch  in  height,  designating  the  state  penitentiary,  state  reform 
school  or  other  public  institution,  where  said  article  was  manufactured. 

§  2.  Notice  that  articles  manufactured  at  state  Institutions  are  for 
sale.  No  person,  persons,  firm  or  corporation,  by  themselves,  their  agents 
or  employees  shall  sell,  offer  for  sale  or  expose  for  sale,  or  have  in  his 
or  their  possession  for  sale,  any  article  intended  for  personal  wear  which 
was  manufactured  at  a  state  penitentiary,  state  reform  school  or  at  any 
other  institution  supported  at  public  expense  and  located  without  the 
l)0inid;iries  of  llie  state  of  California  unless  there  is  kept  on  exhibition 
ill  a  conspicuous  place,  where  said  article  is  exjiosed  or  offered  for  sale, 
a  notice  at  least  twelve  inches  in  length  by  six  inches  in  heigiit,  stating  / 
tliat  goods  so  manufactured  are  on  f^.'ile  there. 

§3.     Penalty.     Whoever  sliall   kiidwin^ily  xiolatc  :iny  of  the  provisions 
or  sections   of   lliis   act   shall   ])c   deemed   guilty   of   a   misdemeanor,  and 


985  MAKKS  AND  BRANDS.  Act  2 1U3,  §^  1 -3 

shall,  upon  conviction  thereof,  bo  punislicd  for  the  first  offense  by  a 
fine  of  not  less  than  twenty  dollars  nor  more  than  one  hundred  dollars; 
or  by  imprisonment  in  the  county  jail  for  not  less  than  ten  days  and  not 
exceeding  thirty  days;  and  for  each  subsequent  offense  by  a  fine  of  not 
less  than  fifty  dollars  nor  more  than  two  hundred  dollars,  or  by  imprison- 
ment in  the  county  jail  for  not  less  than  twenty  da^'s  nor  more  than  one 
hundred  days,  or  by  both  such  fine  and  imprisonment,  at  the  discretion 
of  the  court. 

§i.  Duty  of  district  attorney.  ]t  shall  be  the  duty  of  the  district 
attorney  of  each  and  every  county  in  this  state,  upon  application,  to 
attend  to  the  prosecution  in  the  name  of  the  people  of  any  action 
brought  for  the  violation  of  any  of  the  provisions  of  this  act  within  his 

district. 

ACT  2103. 

An  act  to  perpetuate  marks,  brands  and  counterbrauds  established  in 
the  several  counties  of  the  state  under  sections  three  thousand  one 
hundred  sixty-eight  and  three  thousand  one  hundred  sixty-nine  of 
the  Political  Code,  to  provide  methods  of  perpetuation  and  declaring 
all  marks,  brands  and  counterbrauds  not  so  perpetuated  to  be  in- 
operative and  void. 

I  Approved  April  16,  1917.     Stats.  1917,  p.  138.     In  effect  July  27,  1917.  J 

§  1.     Notice    to    perpetuate    marks,    brands,    and    counterbrauds.     The 

county  recorder  of  each  county  in  whose  office  there  are  recorded  more 
than  one  hundred  marks,  brands  and  couitterbrands  under  the  provisions 
of  section  three  thousand  one  hundred  sixty-eight  of  the  Political  Code, 
shall,  within  thirty  days  after  this  law  goes  into  effect,  cause  to  be  pub- 
lished in  a  newspaper  of  general  circulation  in  such  county,  the  follow- 
ing notice: 

"Every  person,  who,  under  and  by  virtue  of  compliance  with  section 
three  thousand  one  hundred  sixty-eight  of  the  Political  Code,  owns  a 
mark,  brand  or  counterbrand,  must,  within  three  months  after  final  pub- 
lication of  this  notice,  notify  the  county  recorder  of  his  desire  to  con- 
tinue and  perpetuate  such  mark,  brand  and  counterbrand.  This  notifi- 
cation must  be  in  words  of  positive  and  reasonable  intendment  and  must 
be  either  by  registered  letter  or  by  personal  application  addressed  to 
said  county  recorder.  Any  person  failing  to  so  continue  and  perpetuate 
such  mark,  brand  and  counterbrand,  shall  lose  all  right,  title  and  inter- 
est therein. 

First  publication:    (naming  date). 
Last  publication:  (naming  date). 

County  recorder  of county." 

§2.  Publication.  The  notice  set  forth  in  section  one  shall  be  pub- 
lished six  times  at  intervals  of  four  weeks,  final  publication  to  be  not 
more  than  five  months  later  than  the  original  publication  thereof. 

§  3.  Continuance  of  marks,  etc.  Every  person  desiring  to  continue 
and  perpetuate  any  mark,  brand  and  counterbrand  must  comply  with  the 


Acts  2135, 2139b,  §  1         general  laws.  986 

provisions  set  forth  in  the  notice  under  section  one,  and  the  county 
recorder  shall,  upon  such  compliance,  write  or  stamp  opposite  the  record 
of  such  mark,  brand  or  counterbrand  the  word  "perpetuated." 

§4.  Marks,  etc.,  deemed  abandoned.  At  the  termination  of  three 
months  after  final  publication  of  notice  set  forth  in  section  one,  the 
county  recorders  of  the  several  counties  shall  transfer  the  records  of  all 
marks,  brands  and  counterbrands  perpetuated  under  section  three  to  a 
new  book  set  apart  for  the  purpose  described  in  section  three  thousand 
one  hundred  sixty-eight  of  the  Political  Code,  and  all  marks,  brands 
and  counterbrands  in  the  custody  of  the  county  recorders  of  the  several 
counties  not  so  continued  and  perpetuated  shall  be  deemed  to  have  been 
abandoned  by  the  owner  thereof  and  to  be  inoperative  and  void. 

§  5.  Sections  of  Political  Code  not  affected  by  act.  Nothing  in  this 
act  shall  be  construed  as  repealing  sections  three  thousand  one  hundred 
sixty-eight  and  three  thousand  one  hundred  sixty-nine  of  the  Political 
Code. 

TITLE  331. 

MASTER  AND  SERVANT. 

ACT  2135. 

An  act  prohibiting  employers  of  labor  from  coercing  employees  in  the 
purchase  of  things  of  value,  and  prescribing  a  penalty  for  the  vio- 
lation of  the  provisions  hereof. 

[Approved  April  26,  1917.     Stats.  1917,  p.  207.     In  effect  July  27,  1917.] 

§1.  Unlawful  to  force  employee  to  patronize  employer.  It  shall  be 
unlawful  for  any  employer  of  labor,  or  any  officer,  agent  or  employee  of 
any  employer  of  labor  to  make,  adopt  or  enforce  any  rule  or  regulation 
compelling  or  coercing  any  employee  to  patronize  said  employer,  or  any 
other  person,  firm  or  corporation,  in  the  purchase  of  any  thing  of  value; 
provided,  however,  that  nothing  herein  shall  be  interpreted  as  prohibit- 
ing any  employer  of  labor  from  prescribing  the  weight,  color,  quality, 
texture,  style,  form  and  make  of  uniforms  required  to  be  worn  by  their 
employees. 

§2.  Penalty.  Any  person,  whether  as  an  individual,  or  as  an  agent 
or  employee  of  a  firm,  or  as  an  officer,  agent  or  employee  of  a  corporation, 
who  shall  violate  any  of  the  provisions  of  this  act,  shall  be  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by  a  fine 
not  exceeding  one  hundred  dollars  or  by  imprisonment  in  the  county  jail 
for  a  term  not  exceeding  six  moutlis,  or  by  both  such  fine  and  imprison- 
ment. 

ACT  2139b. 

.An   act   to  provide   for   the   fiiniisliiiio-   by    [)iililic    nlility  corporations,  to 
employees  thereof  leaving  their  service,   of  service  letters. 

[.Approved  June  1,  1917.     Stats.  1917,  p.   1.120.     Tn  effect  .July  ,S],   1917.  | 

§  1.  Service  letters  by  public  utility  corporations.  Every  public 
utility   corfioration    ^^hall,   upon    reipicst    fhcrefor   made    to   it  by  any   em- 


981  MASTER  AND  SERVANT.     Acts  2140e-2142a,  §  §  1,  2 

ployce  thereof  leaving  its  service,  give  to  such  employee  a  letter  cover- 
ing and  stating  the  period  during  which  such  service  was  and  kind  of 
service  rendered  to  such  corporation  by  such  employee. 

§  2.  Penalty.  Every  public  utility  corporation  violating  the  pro- 
visions of  this  act  shall,  for  each  offense,  suffer  a  fine  of  not  less  than 
twenty-five  dollars,  nor  more  than  one  hundred  dollars;  which  fine  shall 
be  collected  by  the  district  attorney  of  the  county  in  which  such  cor- 
poration has  its  principal  place  of  business. 

ACT  2140c. 

An  act  to  forbid  managers,  superintendents,  foremen  and  other  persons 
having  authority  from  their  respective  employers  to  hire,  employ,  or 
direct  the  services  of  other  persons  in  such  employments,  to  demand 
or  receive  any  fee,  gift  or  other  remuneration  in  consideration  of 
any  such  hiring,  employment  or  permission  to  continue  to  perform 
work  or  services  in  such  employment;  and  to  provide  for  the  enforce- 
ment of  this  act  by  the  commissioner  of  the  bureau  of  labor 
statistics.      [Approved  April   12,  1915.     Stats.  1915,  p.  61.] 

Eepealed  1917;   Stats.   1917,  p.  257. 
See  post.  Act  2143d. 

ACT  2140e. 

An  act  to  require  employers  to  pay  the  cost  of  bonds  and  photographs 
required  of  and  furnished  by  employees  or  applicants  for  employ- 
ment. 

[Approved  April  20,  1917.     Stats.  1917,  p.  151.     In  effect  July  27,  1917.] 

§  1.  Employer  must  pay  for  bond  or  photograph.  Whenever  a  bond 
or  photograph  of  an  employee  or  applicant  for  employment  is  required 
by  any  employer  of  labor,  said  employer  shall  pay  the  cost  of  such  bond 
or  photograph. 

§  2.  Penalty.  Any  person  violating  any  provision  of  this  act  shall 
be  guilty  of  a  misdemeanor,  punishable  by  a  fine  not  less  than  twenty- 
five  dollars  nor  exceeding  five  hundred  dollars. 

§  3.  Enforcement.  The  commissioner  of  the  bureau  of  labor  statistics 
of  the  state  of  California  shall  enforce  the  provisions  of  this  act. 

ACT  2142a. 

An  act  to  provide  for  semi-monthly  pay  days  of  laborers  in  the  employ 

of  any  county  of  the  first  or  second  class. 
[Approved  May  22,  1917.  .  Stats.  1917,  p.  800.     In  effect  July  27,  1917.] 

§  1.  Semi-monthly  pay  days  of  county  employees.  The  wages  of  all 
employees  of  any  county  of  the  first  or  second  class,  whose  compensation 
is  based  on  a  daily  rate  of  payment,  shall  be  paid  at  not  less  than  two 
stated  times  in  each  calendar  month,  and  at  substantially  equal  inter- 
vals. 

§2.  Penalty  for  violation.  Any  officer,  employer  or  agent  of  any 
county  of.  the  first  or  second  class,  or  of  any  dejiartment  or  institution 


Act  2143c,  §  1  GENERAL   LAWS.  988 

thereof,  who  fails,  refuses  or  neglects  to  comply  with  the  requireuicnts 
of  this  act,  iu  so  far  as  the  payments  are  prescribed  or  controlled  by 
him,  is  guilt}'  of  a  misdemeanor. 

ACT  2143c. 

An  act  to  promote  the  comfort,  health,  safety  and  general  welfare  of 
the  people  of  this  state  as  affected  by  injury  causing  the  dis- 
ability or  death  of  employees  in  the  course  of  their  employment, 
providing  for  a  complete  plan  of  workmen's  compensation  by  creat- 
ing a  liability  on  the  part  of  immediate  employers,  principal  em- 
ployers, contracting  employers  and  their  insurance  carriers  to  com- 
pensate employees  and  their  dependants  for  such  disability  or 
death,  irrespective  of  the  fault  of  any  party,  providing  the  means 
and  methods  of  enforcing  such  liability  and  i^roviding  for  certain 
liens  upon  compensations;  and  regulating  comjjensation  insurance 
coverage  against  such  liability,  securing  the  payment  of  compensa- 
tion and  confirming  the  establishment  and  transactions  of  the  state 
compensation  insurance  fund;  and  requiring  safety  in  all  employments 
and  places  of  emploj-meut  in  this  state  and  providing  the  means 
and  methods  of  enforcing  such  safety;  and  requiring  reports  of 
industrial  injuries;  and  providing  penalties  for  offenses,  as  defined 
herein,  by  employers,  their  officers  and  agents,  and  by  employees 
and  other  persons  and  corporations;  and  defining  the  powers  and 
duties  of  the  industrial  accident  commission  under  this  act,  and 
providing  for  a  review  of  its  orders,  decisions  and  awards;  and  re- 
jtealing  sections  two,  twelve,  thirteen,  fourteen,  fifteen,  sixteen, 
seventeen,  eighteen,  nineteen,  twenty,  twenty-one.  twenty-two, 
twenty-three,  twenty-four,  twenty-five,  twenty-six,  twenty-seven, 
twenty-eight,  twenty-nine,  thirty,  thirty-one,  thirty-two,  thirty-three, 
thiry-four,  thirty-five,  fifty-one,  fifty-two,  fifty-three,  fifty-four,  fifty- 
five,  fifty-six,  fifty-seven,  fifty-eight,  fiftj^-nine,  sixty,  sixty-one, 
sixty-two,  sixty-three,  sixty-four,  sixty-five,  sixty-six,  sixty-seven, 
sixty-eight;^  sixty-nine,  seventy,  seventy-one,  seventy-two,  seventy- 
three,  seventy-four,  seventy-five,  seventy-five  a,  seventy-six,  seventy- 
seven,  seventy-eight,  seventy-nine,  eighty,  eighty-one,  eighty-two, 
eighty-three,  eighty-four,  eighty-five,  eighty-six  and  eighty-seven  of 
chapter  one  hundred  seventy-six,  Statutes  of  1913,  and  all  other  acts 
and  parts  of  acts  inconsistent  herewith,  except  sections  one,  three, 
four,  five,  six,  seven,  eight,  nine,  ten,  eleven,  thirty-six,  thirty-seven, 
thirty-eight,  thirty-nine,  forty,  forty-one,  forty-two,  forty-three, 
forty-four,  forty-five,  forty-six,  forty-seven,  forty-eight,  forty-nine, 
fifty,  eighty-eight  and  ninety  of  said  chapter  one  hundred  seventy- 
six.  Statutes  of  191.3. 

I  Approved  May  2.3,  1917.     Stats.  1<I17,  p.  S;!l.     In  effect  .Taniiary  1,  1918.] 

§1.  Intention  of  act.  Social  public  policy  of  state  declared.  This 
act  and  each  an<l  every  part  tiiereof  is  an  expression  of  Ihc  police  power 
and  is  also  intended  to  make  effective  and  apply  t"  a  complete  system 
of  workmen's  com])enHatioii  the  provisions  of  section  seventeen  and  one- 
half  of  article  twenty   and  section  twenty-one  of  article   twenty  of  the 


989  MASTEH  AND   SERVANT.  Act  2143c,  §§  2,  3 

constitution  of  the  state  of  California.  A  complete  system  of  workmen's 
compensation  includes  adequate  provision  for  the  comfort,  health,  saftey 
and  general  welfare  of  any  and  all  employees  and  those  dependent  upon 
them  for  support  to  the  extent  of  relieving  from  the  consequences  of 
any  injury  incurred  by  emj^loyees  in  the  course  of  their  employment, 
irrespective  of  the  fault  of  any  party;  also  full  provision  for  securing 
safety  in  places  of  eni^Dloyment,  full  provision  for  such  medical,  surgical, 
hospital  and  other  remedial  treatment  as  is  requisite  to  cure  and  relieve 
from  the  effects  of  such  injury,  full  provision  for  adequate  insurance 
coverage  against  the  liability  to  pay  or  furnish  compensation,  full  pro- 
vision for  regulating  such  insurance  coverage  in  all  its  aspects  including 
the  establishment  and  management  of  a  state  compensation  insurance 
fund,  full  provision  for  otherwise  securing  the  payment  of  compensation, 
and  full  provision  for  vesting  power,  authority  and  jurisdiction  in  an 
administrative  body  with  all  the  requisite  governmental  functions  to 
determine  any  matter  arising  under  this  act  to  the  end  that  the  admin- 
istration of  this  act  shall  accomplish  substantial  justice  in  all  cases  ex- 
peditiously, inexpensively  and  without  encumbrance  of  any  character; 
all  of  which  matters  contained  in  this  section  are  expressly  declared  to  be 
the  social  public  policy  of  this  state,  binding  upon  all  departments  of  the 
state  government. 

§  2.  Title.  This  act  shall  be  known  and  may  be  cited  as  the  "work- 
men's compensation,  insurance  and  safety  act  of  1917"  and  shall  .ipply 
to  the  subjects  mentioned  in  its  title. 

§  3.  Definitions.  The  following  terms  as  used  in  this  act  shall,  unless 
a  different  meaning  is  plainly  required  by  the  context,  be  construed  as 
follows: 

(1)  "Commission."  The  term  "commission"  means  the  industrial  ac- 
cident commission  of  the  state  of  California  as  created  under  the  pro- 
visions of  chapter  one  hundred  seventy-six  of  the  laws  of  1913. 

(2)  "Commissioner."  The  term  "commissioner"  means  one  of  the  mem- 
bers- of  the  commission. 

(3)  "Compensation."  The  term  "compensation"  means  compensation 
under  this  act  and  includes  every  benefit  or  payment  conferred  by  sec- 
tions six  to  thirty-one,  inclusive,  of  this  act  upon  an  injured  employee, 
or  in  the  event  of  his  death,  upon  his  dependents,  without  regard  to 
negligence. 

(4)  "Injury."  The  term  "injury,"  as  used  in  this  act,  shall  include 
any  injury  or  disease  arising  out  of  the  employment.  In  case  of  ag- 
gravation of  any  disease  existing  prior  to  such  injury,  compensfition 
shall  be  allowed  only  for  such  proportion  of  the  disability  due  to  the 
aggravation  of  such  prior  disease  as  may  reasonably  be  attributed  to 
the  injury. 

(5)  "Damages."  The  term  "damages"  means  the  recovery  allowed 
in  an  action  at  law  as  contrasted  wdth  compensation  under  this  act. 

(6)  "Person."  The  term  "person"  includes  an  individual,  firm,  vol- 
untary association,  or  a  public,  quasi-public  or  private  corporation. 


Act2143e,  §§  4-6  general  laws.  •  990 

(7)  "Insurance  carrier."  The  term  "insurance  carrier"  includes  the 
, state  com2)ensation  insurance  fund  and  any  private  company,  corpora- 
tion, mutual  association,  reciprocal  or  interinsurance  exchange  author- 
ized under  the  laws  of  this  state  to  insure  employers  against  liability 
for  comjiensation  under  this  act. 

(S)  Phrases  defined.  The  phrase  "compensation  provisions  of  this 
act"  means  and  includes  sections  six  to  thirty-one,  inclusive,  of  this 
act. 

(9)  Phrases  defined.  The  phrase  "safety  provisions  of  this  act"  means 
and  includes  sections  thirty-three  to  fifty-four,  inclusive,  of  this  act. 

(10)  Singular  and  plural.  Whenever  in  this  act  the  singular  is  used, 
the  plural  shall  be  included;  where  the  masculine  gender  is  used,  the 
feminine  and  neuter  shall  be  included. 

§  4.  Assistant  to  attorney.  The  commission  shall  have  power  and 
authority  to  appoint  an  assistant  to  its  attorney,  who  shall  be  an  at- 
torney at  law  of  this  state,  and  who  shall  hold  office  at  the  pleasure 
of  the  commission.  It  shall  be  the  right  and  duty  of  such  assistant 
attorney  to  perform  any  of  the  duties  of  the  attorney  of  the  commis- 
sion under  the  direction  of  the  commission  or  its  attorney. 

§  5.  Powers  and  duties.  Said  commission  is  hereby  vested  with  full 
power,  authority  and  jurisdiction  under  the  provisions  of  this  act  and 
charged  with  the  duties  defined  by  the  provisions  of  this  act  in  addition 
to  all  other  power,  authority,  jurisdiction  and  duties  conferred  upon 
it  and  exercised  by  it  as  heretofore  created,  constituted  and  existing. 

§  6.  Employer's  liability,  (a)  Liability  for  the  compensation  provided 
by  this  act,  in  lieu  of  any  other  Liability  whatsoever  to  any  person, 
shall,  without  regard  to  negligence,  exist  against  an  employer  for  any 
injury  sustained  by  his  employees  arising  out  of  and  in  the  course  of 
the  employment  for  the  death  of  any  such  employee  if  the  injury  shall 
proximately  cause  death,  in  those  cases  where  the  following  conditions 
of  compensation  concur: 

(1)  Where,  at  the  time  of  the  injury,  both  the  employer  and  employee 
are  subject  to  the  compensation  provisions  of  this  act. 

(2)  Where,  at  the  time  of  the  injury,  the  employee  is  performing  ser- 
vice growing  out  of  and  incidental  to  his  employment  and  is  acting 
within  the  course  of  his  employment. 

(3)  Where  the  injury  is  proximately  caused  by  the  employment,  either 
with  or  without  negligence,  and  is  not  caused  by  the  intoxication  of 
the  injured  employee,  or  is  not  intentionally  self-inflicted. 

(4)  Misconduct  of  injured  employee.  Where  the  injury  is  caused  by 
the  serious  and  willful  misconduct  of  the  injured  employee,  the  com- 
pensation otherwise  recoverable  by  him  shall  be  reduced  one-half;  pro- 
vided, however,  that  such  misconduct  of  the  employee  shall  not  be  a 
defense  to  the  claim  of  the  dependents  of  said  employee,  if  the  injury 
results  in  death,  or  to  the  claim  of  the  employee,  if  the  injury  results 
in  a  permanent  partial  disability  equaling  or  in  excess  of  seventj'  per 
cent    of    total;    and    provided,    further,    that    such    misconduct    of    said 


991  MASTER  AND  SERVANT.         Act  2143e,  §§  7,  8 

employee  shall  not  be  a  defense  where  his  injury  is  caused  by  the  fail- 
ure of  the  employer  to  comply  witli  any  provision  of  law,  or  any  safety 
order  of  the  commission,  with  reference  to  the  safety  of  places  of  employ- 
ment. 

(b)  Recovery  of  compensation.  Where  such  conditions  of  compensa- 
tion exist,  the  right  to  recover  such  compensation,  pursuant  to  the  pro- 
visions of  this  act,  shall  be  the  exclusive  remedy  against  the  employer 
for  the  injury  or  death;  provided,  that  where  the  employee  is  injured 
hy  reason  of  the  serious  and  willful  misconduct  of  the  employer,  or  his 
managing  representative,  or  if  the  employer  be  a  partnership,  on  the 
part  of  one  of  the  partners,  or  if  a  corporation,  on  the  part  of  an  ex- 
ecutive or  managing  officer  thereof,  the  amount  of  compensation  other- 
wise recoverable  for  injury  or  death,  as  hereinafter  provided,  shall  be 
increased  one-half,  any  of  the  provisions  of  this  act  as  to  maximum 
paj'ments  or  otherwise  to  the  contrary  notwithstanding;  provided,  how- 
ever, that  said  increase  of  award  shall  in  no  event  exceed  twenty-five 
hundred  dollars. 

(c)  In  all  other  cases  where  the  conditions  of  coi^pensation  do  not 
concur,  the  liability  of  the  employer  shall  be  the  same  as  if  this  act 
had  not  been  passed. 

§  7.  "Employer."  The  term  "employer"  as  used  in  sections  six  to 
thirty-one,  inclusive,  of  this  act,  shall  be  construed  to  mean:  The  state, 
and  each  county,  city  and  county,  city,  school  district  and  all  public 
corporations  and  quasi-public  corporations  therein,  and  every  person, 
firm,  voluntary  association,  and  private  corporation,  including  any  pub- 
lic service  corporation,  who  has  any  person  in  service  under  any  ap- 
jiointment  or  contract  of  hire,  or  apprenticeship,  express  or  implied, 
oral  or  written,  and  the  legal  representative   of  any  deceased  employer. 

§  8.  "Employee."  (a)  The  term  "employee"  as  used  in  section  six 
to  thirty-one,  inclusive,  of  this  act  shall  be  construed  to  mean:  Every 
person  in  the  service  of  an  employer  as  defined  by  section  seven  hereof 
under  any  appointment  or  contract  of  hire  or  apprenticeship,  express 
or  implied,  oral  or  written,  including  aliens,  and  also  including  minors, 
whether  lawfully  or  unlawfully  employed,  and  all  elected  and  appointed 
paid  public  officers,  and  all  officers  and  members  of  boards  of  directors  of 
quasi-public  or  private  corporations,  while  rendering  actual  service  for 
such  corporations  for  pay,  but  excluding  any  person  whose  employment  is 
both  casual  and  not  in  the  course  of  the  trade,  business,  profession  or 
occupation  of  his  employer,  and  also  excluding  any  employee  engaged 
in  household  domestic  service,  farm,  dairy,  agricultural,  viticultural  or 
horticultural  labor,  in  stock  or  poultry  raising  and  any  person  holding 
an  appointment  as  deputy  clerk,  deputy  sheriff  or  deputy  constable  ap- 
pointed for  the  convenience  of  such  appointee,  who  receives  no  com- 
pensation from  the  county  or  municipal  corporation  or  from  the  citi- 
zens thereof  for  ser\dces  as  such  deputy;  provided,  that  such  last  ex- 
clusion shall  not  deprive  any  person  so  deputized  from  recourse  ag;dnst 
any  private  person  employing  him  for  injury  occurring  in  the  course 
of  and  arising  out  of  such  employment.. 


Act  2143c,  §  8  GENERAL   LAWS.  992 

(b)  "Independent  contractor."  Partner  receiving  wages.  Any  person 
rendering  service  for  another,  other  than  as  an  independent  contractor, 
or  as  expressly  excluded  herein,  is  presumed  to  be  an  employee  within 
the  meaning  of  this  act..  The  term  "independent  contractor"  shall  be 
taken  to  mean,  for  the  purposes  of  this  act:  Any  person  who  renders 
service,  other  than  manual  labor,  for  a  specified  recompense  for  a  speci- 
fied result,  under  the  control  of  his  principal  as  to  the  result  of  his  work 
only  and  not  as  to  the  means  by  which  such  result  is  accomplished.  A 
working  member  of  a  partnership  receiving  wages  irrespective  of  profits 
from  such  partnership  shall  be  deemed  an  employee  within  the  meaning  of 
this  section. 

(c)  "Casual."  The  term  "casual"  as  used  in  this  section  shall  be 
taken  to  refer  only  to  employments  where  the  work  contemplated  is 
to  be  completed  in  not  exceeding  ten  working  days,  without  regard  to 
the  number  of  men  employed,  and  where  the  total  labor  cost  of  such 
work  is  less  than  one  hundred  dollars.  The  phrase  "course  of  the  trade, 
business,  profession  or  occupation  of  his  employer"  shall  be  taken  to 
include  all  servijCes  tending  toward  the  preservation,  maintenance  or 
operation  of  the  business,  business  premises  or  business  property  of  the 
employer.  The  words  "trade,  business,  profession  or  occupation  of  his 
employer"  shall  be  taken  to  include  any  undertaking  actually  engaged 
in  by  him  with  some  degree  of  regularity,  the  trade  name,  articles  of 
incorporation  or  principal  business  of  the  employer  to  the  contrary  not- 
withstanding. 

(d)  Watchmen.  Watchmen  for  nonindustrial  establishments,  paid  by 
subscription  by  several  persons,  shall  not  be  held  to  be  employees  within 
the  meaning  of  this  act.  In  other  cases  where  watchmen,  paid  b3^  sub- 
scription by  several  persons,  have  at  the  time  of  the  injury  sustained 
by  them  taken  out  and  maintained  in  full  force  and  effect  insurance 
upon  themselves  as  self-employing  persons  conferring  benefits  equal 
to  those  conferred  by  this  act,  the  employer  shall  not  be  liable  under 
this  act. 

(e)  Employees  of  state,  etc.  Tt  shall  not  be  a  defense  to  the  state, 
or  any  political  subdivision  or  institution  thereof,  or  public  or  quasi- 
public  corporation,  that  a  person  injured  while  rending  service  for 
it  was  not  lawfully  employed  by  reason  of  the  violation  of  any  civil  ser- 
vice or  other  law,  rule,  or  regulation  respecting  the  hiring  of  employees. 

(f)  Workmen  under  partnership  agreement.  Workmen  associating 
themscdvcs  under  a  ])artiiership  agrecnicnt,  tlic  principal  purpose  of 
which  is  the  jierformance  of  the  labor  on  a  particular  piece  of  work,  shall 
be  deemed  employees  of  the  person  having  such  w^ork  executed,  and,  in 
the  event  the  average  weekly  earnings  are  not  otherwise  ascertainable, 
shall  ])e  deemed  to  be  employed  at  an  average  weekly  wage  of  twelve 
dollars;  provided,  however,  that  if  such  workmen  shall  have  taken  out 
and  maintained  in  full  force  and  effect  insurance,  in  an  insurance  car- 
rier as  defined  in  tliis  act,  insuring  to  themselves  and  ;ill  persons  em- 
I>loyed  by  them  benefits  idenfical  with  those  conferri'd  by  this  act,  the 
person  for  whom  such  work  is  to  be  done  shall  not  be  liable  as  an 
employer  under  Ihis  act. 


993  MASTKK   AND   SKEVANT.  Act  2143c',  §  9 

§  9.  Medical  attention.  Change  of  physicians.  Employer  maintaining 
hospital  staff.  Where  liability  for  compensation  under  this  act  exists, 
siu'h  t-oniiiensatiou  shall  be  furnished  or  paid  by  the  employer  and  be 
as  provided  in  the  following  schedule: 

(a)  Such  medical,  surgical  and  hospital  treatment,  including  musing, 
medicines,  medical  and  surgical  supplies,  crutches  and  apparatvis.  in- 
cluding artificial  members,  as  may  reasonably  be  required  to  cure  and 
relieve  from  the  -effects  of  the  injury,  the  same  to  be  provided  by  the 
employer,  and  in  case  of  his  neglect  or  refusal  seasonably  to  do  so, 
the  employer  to  be  liable  for  the  reasonable  expense  incurred  by  or  on 
behalf  of  the  employee  in  providing  the  same;  provided,  that  if  the 
employee  so  requests,  the  employer  shall  tender  him  one  change  of 
physicians  and  shall  nominate  at  least  three  additional  practicing  physi- 
cians competent  to  treat  the  particular  case,  or  as  many  as  may  be  avail- 
able if  three  cannot  reasonably  be  named,  from  whom  the  employee 
may  choose;  the  employee  shall  also  be  entitled,  in  any  serious  case, 
upon  request,  to  the  services  of  a  consulting  physician  to  be  provided 
by  the  employer;  all  of  said  treatment  to  be  at  the  expense  of  the 
employer.  If  the  employee  so  requests,  the  employer  must  procure 
certification  by  the  commission  or  a  commissioner  of  the  competency  for 
the  particular  case  of  the  consulting  or  additional  physicians;  provided, 
further,  that  the  foregoing  provisions  regarding  a  change  of  physicians 
shall  not  apply  to  those  cases  where  the  employer  maintains,  for  his 
own  employees,  a  hospital  and  hospital  staff,  the  adequacy  and  eom- 
[tetency  of  which  have  been  approved  by  the  commission.  Nothing  con- 
tained in  this  section  shall  be  construed  to  limit  the  right  of  the  employee 
to  provide,  in  any  case,  at  his  own  expense,  a  consulting  physician  or 
any  attending  physicians  whom  he  may  desire.  Controversies  between 
employer  and  employee,  arising  under  this  section,  shall  be  determined 
by  the  commission,  upon  the  request  of  either  party. 

(b)  Time  of  disability  payments.  If  the  injury  causes  temporary 
disability,  a  disability  payment  which  shall  be  payable  for  one  week 
in  advance  as  wages  on  the  eleventh  day  after  the  injured  employee 
leaves  work  as  a  result  of  the  injury.  If  the  injury  causes  permanent 
disability,  a  disability  payment  which  shall  be  payable  for  one  week 
in  advance  as  wages  on  the  eleventh  day  after  the  injury.  Such  in- 
demnity shall  thereafter  be  payable  on  the  employer's  regular  pay  day, 
but  not  less  frequent  than  twice  in  each  calendar  month,  unless  other- 
wise ordered  by  the  commission,  subject,  however,  to  the  following  limi- 
tations: 

(1)  Disability  less  than  ten  days.  If  the  period  of  disability  does 
not  last  longer  than  ten  days  from  the  day  the  employee  leaves  work 
as  the  result  of  the  injury,  no  disability  payment  whatever  shall  be 
recoverable. 

(2)  No  recovery  for  first  ten  days.  If  the  period  of  disability  lasts 
longer  than  ten  days  from  the  day  the  employee  leaves  work  as  the 
result  of  the  injury,  no  disability  payment  shall  be  recoverable  for  the 
first  ten  days  of  disability  suffered. 

(53 


Act  2143c,  §  9  GENERAL    LAWS.  994 

2.  Amount  of  disability  payment.  The  disability  payment  shall  ])e  as 
follows : 

(1)  If  the  injury  causes  temporary  total  disability,  sixty-five  per  cent 
of  the  average  weekly  earnings  during  the  period  of  such  disability, 
consideration  being  given  to  the  ability  of  the  injured  employee  to 
compete  in  an  open  labor  market; 

(2)  If  the  injury  causes  temporary  partial  disability,  sixty-five  per 
cent  of  the  weekly  loss  in  wages  during  the  period  of  such  disability: 

(3)  If  the  temporary  disability  caused  by  the  injury  is  at  times  total 
and  at  times  partial  the  weekly  disability  payment  during  the  period 
of  each  such  total  or  partial  disability  shall  be  in  accordance  with  para- 
graphs one  and  two  of  this  subdivision  respectively; 

(4)  Aggregate  disability  pajrments.  Paragraphs  one,  two,  and  three 
of  this  subdivision  shall  be  limited  as  follows:  Aggregate  disability 
payments  for  a  single  injury  causing  temporary  disability  shall  not 
exceed  three  times  the  average  annual  earnings  of  the  employee,  nor 
shall  the  aggregate  disability  period  for  such  temporary  disability  in 
any  event  extend  beyond  two  hundred  forty  weeks  from  the  date  of  the 
injury. 

(5)  Computation  of  payments  when  disability  permanent.  If  the  in- 
jury causes  permanent  disability,  the  percentage  of  disability  to  total 
disability  shall  be  determined  and  the  disability  payment  computed  and 
allowed  as  follows:  For  a  one  per  cent  disability  sixty-five  per  cent  of 
the  average  weekly  earnings  for  a  period  of  four  weeks;  for  a  ten  per 
cent  disability,  sixty-five  per  cent  of  the  average  weekly  earnings  for 
a  period  of  forty  weeks;  for  a  twenty  per  cent  disability,  sixty-five  per 
cent  of  the  average'  weekly  earnings  for  a  period  of  eighty  weeks;  for 
a  thirty  per  cent  disability,  sixty-five  per  cent  of  the  average  weekly 
earnings  for  a  period  of  one  hundred  twenty  weeks;  for  a  forty  per 
cent  disability,  sixty-five  per  cent  of  the  average  weekly  earnings  for 
a  period  of  one  hundred  sixty  weeks;  for  a  fifty  per  cent  disability, 
sixty-five  per  cent  of  the  average  weekly  earnings  for  a  period  of  two 
hundred  weeks;  for  a  sixty  per  cent  disability,  sixty-five  per  cent  of 
the  average  weekly  earnings  for  a  period  of  two  hundred  forty  weeks;  for 
a  seventy  per  cent  disability,  sixty-five  per  cent  of  the  average  weekly 
earnings  for  a  period  of  two  hundred  forty  weeks,  and  thereafter  ten 
jier  cent  of  such  weekly  earnings  during  the  remainder  of  life;  for  an 
eighty  per  cent  disabilty,  sixty-five  per  cent  of  the  average  weekly 
earnings  for  a  period  of  two  hundred  forty  weeks  and  thereafter  twenty 
per  cent  of  such  weekly  earnings  during  the  remainder  of  life;  for  a 
ninety  per  cent  diyabiiity,  sixty-five  per  cent  of  the  average  weekly 
earnings  for  u  i)eiio(l  of  two  hundred  forty  weeks  and  thereafter  thirty 
per  cent  of  such  weekly  earnings  during  the  remainder  of  life;  for  a 
hundred  per  cent  disability,  sixty-five  per  cent  of  the  average  weekly 
earnings  for  a  period  of  two  luuiilrcil  tOiiy  weeks  and  thereafter  forty 
))er  cent  of  such  weekly  earnings  (luring  the  remainder  of  life. 

(G)  The  payment  t'ur  permanent  disabilities  intermediate  to  those  fixed 
by  th(!  foregoing  schedule  siuill  l)e  coniputcil  and  allowed  as  follows: 
ir  under  seventy  f)er  ceiil,  sixty-lisc  \irf  <(nt  df  the  average  weekly 
caiiiings   for   four  weeks   for  cadi  one   per  cent   of  disability;   if  seventy 


095  MASTER   AND   SERVANT.  Act  2143e,  §  !J 

per  ceut  or  over,  sixty-five  per  cent  of  the  average  vrcekly  earnings  for 
two  hiuulred  forty  weelts  and  thereafter  one  per  cent  of  such  weeltly 
earnings  for  each  one  per  cent  of  disability  in  excess  of  sixty  per  cent 
to  be  paid   during  the  remainder  of  life. 

(7)  In  determining  tlie  percentages  of  permanent  disability,  account 
shall  be  taken  of  the  nature  of  the  physical  injury  or  disfigurement,  the 
occupation  of  the  injured  employee,  and  his  age  at  the  time  of  such  in- 
jury, consideration  being  given  to  the  diminished  ability  of  such  injured 
employee  to  compete  in  an  open  labor  market. 

(S)  Only  one  pas^nent.  Where  both  temporary  and  permanent  dis- 
ability. Where  an  injury  causes  both  temporary  and  permanent  disabil- 
ity, the  injured  employee  shall  not  be  entitled  to  both  a  temporary  and 
]iermanent  disability  payment,  but  only  to  the  greater  of  the  two. 

(9)  Permanent  disabilities  presumed  to  be  total.  The  following  per- 
manent disabilities  shall  bo  conclusively  presumed  to  be  total  in  char- 
acter: Loss  of  both  eyes  or  the  sight  thereof;  loss  of  both  hands  or  the 
use  thereof;  an  injury  resulting  in  a  practically  total  paralysis;  an  in- 
jury to  the  brain  resulting  in  incurable  imbecility  or  insanity.  In  all 
other  cases,  permanent  total  disability  shall  be  determined  in  accordance 
with  the  fact. 

(JO)  Percentage  of  permanent  disability.  The  percentage  of  perma- 
nent disability  caused  by  any  injury  shall  be  so  computed  as  to  cover 
the  permanent  disability  caused  by  that  particular  injury  without  refer- 
ence to  any  injury  previously  suffered  or  any  permanent  disability  caused 
thereby. 

(11)  Schedule  for  determination  of  permanent  disabilities.  The  com- 
mission ma}^  prepare,  adopt,  and  from  time  to  time  amend,  a  schedule 
for  the  determination  of  the  percentages  of  permanent  disabilities,  such 
table  to  be  based  upon  the  proj^er  combinations  of  the  factors  indicated  in 
subdivision  seven  above.  Such  schedule  shall  be  available  for  public 
rnspeetion  and  without  formal  introduction  in  evidence  shall  be  prima 
facie  evidence  of  the  percentage  of  permanent  disability  to  be  attributed 
to  each  injury  covered  by  i^aid  schedule. 

;;.  Death  of  injured  employee.  The  death  of  an  injured  employee  shall 
not  affect  the  liabilty  of  the  employer  under  subsections  (a)  and  (b) 
of  this  section,  so  far  as  such  liability  has  accrued  and  become  payable 
at  the  date  of  the  death,  and  any  accrued  and  unpaid  compensation 
shall  be  paid  to  the  dependents,  if  any,  or,  if  there  are  no  dependents, 
to  the  personal  representative  of  the  deceased  employee  or  heirs  or  other 
persons  entitled  thereto,  without  administration,  but  such  death  shall  be 
deemed  to  l)e  the  termination  of  the  disability. 

(c)  Death  benefits.  If  the  injury  causes  death,  either  with  or  with- 
out disability,  the  burial  expense  of  the  deceased  employee  as  herein- 
after limited  and  a  death  benefit  which  shall  be  payable  in  installments 
equal  to  sixty-five  per  cent  of  the  average  weekly  earnings  of  the  de- 
ceased employee,  upon  the  employer's  regular  pay  day,  but  not  less 
frequently  than  twice  in  each  calendar  month,  unless  otherwise  ordered 
by  the  commission,  which  death  benefit  shall  be  as  follows: 


Act  2143c,  §  10  GENERAL    LAWS.  996 

(1)  If  deceased  employee  leaves  dependents.  lu  case  the  deceased 
employee  leaves  a  person  or  persons  wholly  dependent  upon  him  for 
support,  such  dependents  shall  be  allowed  the  reasonable  expense  of  his 
burial,  not  exceeding  one  hundred  dollars,  and  a  death  benefit,  which 
shall  be  a  sum  sufficient,  when  added  to  the  disability  indemnity  which 
at  the  time  of  death  has  accrued  and  become  payable,  under  the  pro- 
visions of  subsection  (b)  hereof,  and  the  said  burial  expense,  to  make 
the  total  disability  indemnity,  cost  of  burial  and  death  benefit  equal  to 
three  times  his  average  annual  earnings,  such  average  annual  earnings 
to  be  taken  at  not  less  than  three  hundred  thirty-three  dollars  and  thirty- 
three  cents  nor  more  than  one  thousand  six  hundred  sixtj'-six  dollars 
and  sixty-six  cents. 

(2)  If  deceased  employee  leaves  partially  dependent.  In  ease  the  de- 
ceased employee  leaves  no  person  wholly  dependent  upon  him  for  sup- 
port, but  one  or  more  persons  partially  dependent  therefor,  the  said 
dependents  shall  be  allowed  the  reasonable  expense  of  his  burial,  not 
to  exceed  one  hundred  dollars,  and,  in  addition  thereto,  a  /death  benefit 
which  shall  amount  to  three  times  the  annual  amount  devoted  by  the 
deceased  to  the  support  of  the  person  or  persons  so  partially  dependent; 
provided,  that  the  death  benefit  shall  not  be  greater  than  a  sum  sufficient, 
when  added  to  the  disability  indemnit}'  which,  at  the  time  of  the  death, 
has  accrued  and  become  payable  under  the  provisions  of  subsection  (b) 
hereof,  together  with  the  cost  of  the  burial  of  such  deceased  employee, 
to  make  the  total  disability  indemnity,  cost  of  burial  and  death  benefit 
equal  to  three  times  his  average  annual  earnings,  such  average  annual 
earnings  to  be  taken  at  not  less  than  three  hundred  thirty-three  dollars 
and  thirty-three  cents  nor  more  than  one  thousand  six  hundred  sixty- 
six  dollars  and  sixty-six  cents. 

(3)  If  no  dependents.  If  the  deceased  employee  leaves  no  person 
dependent  upon  him  for  support,  the  death  benefit  shall  consist  of  the 
reasonable  expense  of  his  burial  not  exceeding  one  hundred  dollars. 

(d)  Payment  discharges  employer.  Payment  of  compensation  in  ac- 
cordance with  the  order  and  direction  of  the  commission  shall  discharge 
the  employer  from  all  claims  therefor. 

§  10.  Inspection  of  hospital  facilities.  Reports  of  receipts  etc.  Facil- 
ities declared  inadeq.uate.  The  commission  shall  have  power  to  inspect 
and  delennine  the  adequacy  of  hospitals  and  hospital  facilities  supplied 
by  employers  or  by  mutual  associations  of  employees,  with  or  without 
the  concurrence  of  the  employer,  for  the  treatment  of  injuries  coming 
within  the  provisions  of  this  act.  No  part  of  any  contribution  paid  by 
employees  or  deducted  from  their  wages  for  the  maintenance  of  such 
hospital  facilities  shall  be  devoted  to  the  payment  of  any  portion  of 
the  cost  of  providing  compensation  prescribed  by  this  act.  Nothing 
contained  in  this  section  shall  be  taken  to  prevent  any  hospital  associa- 
tion or  medical  department  furnishing  the  treatment  prescribed  in  this 
act  free  of  charge  to  employees.  Every  such  hospital  shall  make  to 
the  commission  from  time  to  time,  upon  demand,  ])ut  not  less  frequently 
than  oni'i'  a  year,  reports  <il  rciTipts,  disbnrsenu'nts  and  services  rcn- 
ilered   to   or   for  employees.      1 1'   in    the  .judgment   of   the   commission  the 


997  MASTER  AND  SERVANT.  Act  2143e.  §   11 

services  or  equipment  of  any  hospital  are  inadequate  to  meet  the  rea- 
sonable requirements  of  medical  treatment  contemplated  in  section  9 
(a)  of  this  act.  the  commission  may.  after  notice  and  an  opportunity  to 
be  heard,  declare  such  facilities  to  l)e  inadequate  and  thereafter  injured 
employees  of  such  employer  may  procure  treatment  elsewhere,  and  the 
reasoiuible  cost  thereof  shall  be  a  charge  against  such  employer  under 
said  section-  9  (a).  Any  finding  of  the  commission  after  such  notice, 
determining  the  fact  of  such  inadequacy,  shall  be  conclusive  evidence 
in  any  proceeding  for  compensation  of  the  fact  of  such  inadequacy  dur- 
ing the  period  covered  by  .such  finding.  Such  finding  of  inadequacy  may 
be  amended,  modified  or  rescinded  by  the  commission  at  any  time  upon 
good  cause  appearing  therefor. 

§  11.  Right  to  institute  proceedings  barred,  when,  (a)  Unless  com- 
pensation is  paid  or  an  agreement  for  its  payment  made  within  the  time 
limited  in  this  section  for  the  institution  of  proceedings  for  its  collec- 
tion, the  right  to  institute  such  proceedings  shall  be  barred;  provided, 
that  the  filing  of  an  application  with  the  commission  for  any  portion  of 
the  l)enefits  prescribed  by  this  act  shall  render  this  section  inoperative 
as  to  all  further  claims  of  any  person  or  persons  for  compensation  aris- 
ing from  the  same  transaction,  and  the  right  to  present  such  further 
claims  shall  be  governed  by  the  provisions  of  section  twenty  (d)  and 
section  sixty-five   (b)   of  this  act. 

(b)  Periods  within  which  proceedings  for  collection  may  be  commenced. 

The  periods  within  which  proceedings  for  the  collection  of  compensa- 
tion may  be  commenced  are  as  follows: 

(1)  Proceedings  for  the  collection  of  the  benefit  provided  by  subsec- 
tion (a)  of  section  9  or  for  the  collection  of  the  disability  payment  jpro- 
vided  by  subsection  (b)  of  said  section  9  must  be  commenced  within  six 
months  from  the  date  of  the  injury,  except  as  otherwise  provided  in  this 
act. 

(2)  Proceedings  for  the  collection  of  the  death  benefit  provided  by 
subsection  (c)  of  said  section  9  must  be  commenced  within  one  year 
from  the  date  of  death,  and  in  any  event  within  two  hundred  forty 
weeks  from  the  date  of  the  injury,  and  can  only  be  maintained  when  it 
appears  that  death  ensued  within  one  year  from  the  date  of  the  injury, 
or  that  the  injury  causing  death  also  caused  disability  which  continued 
to  the  date  of  the  death  and  for  which  a  disability  payment  was  made, 
or  an  agreement  for  its  payment  made,  or  proceedings  for  its  collection 
commenced  within  the  time  limited  for  the  commencement  of  proceedings 
for  the  recovery  of  the  disability  payment. 

(c)  The  paj-ment  of  compensation,  or  any  part  thereof,  or  agreement 
therefor,  shall  have  the  effect  of  extending  the  period  within  which 
proceedings  for  its  collection  may  be  commenced,  six  months  from  the 
date  of  the  agreement  or  last  payment  of  such  compensation,  or  any 
part  thereof,  or  the  expiration  of  the  period  covered  by  any  such  pay- 
ment; provided,  however,  that  nothing  contained  in  this  section  shall  be 
construed  to  bar  the  right  of  any  injured  employee  to  institute  pro- 
ceedings for  the  collection  of  compen'Sation  within  two  hundred  forty- 
five  weeks  after   the   date  of   the   injury   upon   the   grounds  that   the   or- 


Act  2143c,  §  11  GENERAL    LAWS. 


098 


igiual  injury  has  caused  new  and  further  disability;  and  the  jurisdiction 
of  the  commission,  in  such  cases,  shall  be  a  continuing  jurisdiction  at  all 
times  within  such  period;  provided,  further,  that  the  provisions  of  this 
section  shall  not  apply  to  an  employee  who  is  totally  disabled  and  bed- 
ridden as  a  result  of  his  injury,  during  the  continuance  of  such  con- 
dition or  until  tlie  expiration  of  six  months  thereafter. 

(d)  Guardian  for  minor  or  incompetent.  If  an  injured  employee,  or 
in  the  case  of  his  death,  one  or  more  of  his  dependents,  shall  be  under 
twenty-one  years  of  age  or  incompetent  at  any  time  when  any  right 
or  privilege  accrues  to  such  person  under  the  provisions  of  this  act,  a 
general  guardian,  appointed  by  the  court,  or  a  guardian  ad  litem  or 
trustee  appointed  by  the  commission  or  a  commissioner  may,  on  behalf 
of  any  such  person,  claim  and  exercise  any  such  right  or  privilege  with 
the  same  force  and  effect  as  if  no  such  disability  existed;  and  no  limita- 
tion of  time  provided  by  this  act  shall  run  against  any  such  person  under 
twenty-one  years  of  age  or  incompetent  unless  and  until  such  guard- 
ian or  trustee  is  appointed.  The  commission  shall  have  power  to  deter- 
mine the  fact  of  the  minority  or  incompetency  of  any  injured  employee 
and  may  appoint  a  trustee  to  receive  and  disburse  compensation  pay- 
ments for  the  benefit  of  such  minor  or  incompetent  and  his  family. 

(e)  Refusal  to  submit  to  medical  treatment.  No  compensation  shall 
be  payable  in  ease  of  the  death  or  disability  of  an  employee  if  his  death 
is  caused,  or  if  and  so  far  as  his  disabilty  is  caused,  continued,  or  ag- 
gravated, by  an  unreasonable  refusal  to  submit  to  medical  treatment,  or 
to  any  surgical  treatment,  the  risk  of  which  is,  in  the  opinion  of  the 
commission,  based  upon  expert  medical  or  surgical  advice,  inconsiderable 
in  view  of  the  seriousness  of  the  injury. 

(f)  Previous  disability  does  not  affect  later  disability.  The  fact  that 
an  employee  has  suffered  a  previous  disability,  or  receives  compensation 
therefor,  shall  not  preclude  him  from  comjiensation  for  a  later  injury,  or 
liis  dependents  from  compensation  for  death  resulting  therefrom,  but  in 
determining  compensation  for  the  later  injury,  or  death  resulting  there- 
from, his  average  annual  earnings  shall  be  fixed  at  such  sum  as  will 
reasonably  represent  his  annual  earning  capacity  at  the  time  of  the  later 
injury. 

(g)  Payments  not  due  employee.  Any  payment,  allowance  or  benefit 
received  by  the  injured  employee  during  the  period  of  his  incapacity, 
or  by  his  dependents  in  the  event  of  his  death,  which  by  the  terms  of 
tliis  act  M'as  not  then  due  and  payable  or  when  there  is  any  dispute 
or  question  concerning  tlie  right  to  coiiipeiisalion,  shall  not,  in  the  ab- 
sence of  any  agreement,  be  const lucd  to  l)e  an  ailmission  of  liability 
for  compensation  on  the  |i;iit  of  the  employer,  or  the  acceptance  thereof 
as  a  waiver  of  any  right  or  rl.iim  wliicli  the  employee  or  his  dependents 
may  have  against  tlic  cini  loycr,  hut  any  sucli  payment,  allowance  or 
liciiefit  may  be  l;iki'ii  into  ncroiinl  by  tiie  commission  in  fixing  the  amount 
of  1  lir  roni|icnsiitioii  to  be   pnid. 

(Ii;    Affirmative  defense.      Tlic   running  of  the  jieriod  of  limitations  pre- 

iiilird  Ijv  this  section  is  an   nUinnat  i  ve  defense  and  oi)erates  to  bar  the 

irnicdv    iiml    not    to    cxtingnisli    llie    rigiit    of   the    employee.     It    maj'   be 


999  MASTER  x\ND  SERVANT,  Act  2143c,  §  12 

waived,  and  failure  to  present  such  defense  prior  to  the  submission  of 
the  cause  for  decision  shall  be  a  sufficient  waiver. 

§12.  Average  annual  earnings,  (a)  The  average  annual  earnings  re- 
ferred to  in  section  !l  hereof  shall  be  fifty-two  times  the  average  wc^ekly 
earnings  referred  to  in  said  section;  in  computing  such  earnings  the 
average  weekly  earnings  shall  be  taken  at  not  less  than  six  dollars  and 
forty-one  cents  nor  more  than  thirty-two  dollars  and  five  cents,  and 
three  times  the  average  annual  earnings  shall  be  taken  at  not  less  than 
one  thousand  dollars  nor  more  than  five  thousand  dollars,  and  between 
said  limits  said  average  weekly  earnings  shall  be  arrived  at  as  follows: 

(1)  Average  weekly  earnings.  If  the  injured  employee  has  worked  in 
the  same  employment,  whether  for  the  same  employer  or  not,  during  at 
least  two  hundred  sixty  days  of  the  j'ear  preceding  his  injury,  his  aver- 
age weekly  earnings  shall  consist  of  ninety-five  per  cent  of  six  times 
the  daily  earnings  at  the  time  of  such  injury  where  the  employment  is 
for  six  full  working  days  a  week.  Where  his  employment  is  for  five, 
five  and  one-half,  six  and  one-half  or  seven  working  days  a  week,  the 
average  weekly  earnings  shall  be  ninety-five  per  cent  of  five,  five  and 
one-half,  six  and  one-half  or  seven  times  the  daily  earnings  at  the  time 
of  the  injury,  as  the  ease  may  be. 

(2)  If  the  injured  employee  has  not  so  worked  in  such  employment 
during  at  least  two  hundred  sixty  days  of  svich  preceding  year,  his 
average  weekly  earnings  shall  be  based  upon  the  daily  earnings,  wage 
or  salary  of  an  employee  of  the  same  class  working  at  least  two  hundred 
sixty  days  of  such  preceding  year  in  the  same  or  a  similar  kind  of  em- 
ployment in  the  same  or  a  neighboring  place,  computed  in  accordance 
with  the  provisions  of  the  preceding  subdivision. 

(3)  If  earnings  be  irregular.  If  the  earnings  be  irregular  or  specified 
to  be  by  the  week,  month,  or  other  period,  then  the  average  weekly  earn- 
ings mentioned  in  subdivisions  (1)  and  (2)  above  shall  be  ninety-five 
])er  cent  of  the  average  earnings  during  such  period  of  time,  not  exceed- 
ing one  year,  as  may  conveniently  be  taken  to  determine  an  average 
weekly  rate  of  pay. 

(4)  When  less  than  five  days  or  seasonal.  Where  the  employment  is 
for  less  than  five  days  per  week  or  is  seasonal  or  where  for  any  reason 
the  foregoing  methods  of  arriving  at  the  average  weekly  earnings  of 
the  injured  employee  can  not  reasonably  and  fairly  be  applied,  sucli 
average  weekly  earnings  shall  be  taken  at  ninety-five  per  cent  of  such 
sum  as  shall  reasonably  represent  the  average  weekly  earning  capacit}' 
of  the  injured  employee  at  the  time  of  his  injury,  due  consideration 
being  given  to  his  actual  earnings  from  all  sources  and  employments 
during  the  year  preceding  his  injury;  provided,  that  the  earnings  from 
other  occupations  shall  not  be  allowed  in  excess  of  the  rate  of  wages 
paid  at  the  time  of  the  injury. 

(b)  Overtime,  board,  etc.  In  determining  such  average  weekly  earn- 
ings, there  shall  be  included  overtime  and  the  market  value  of  board, 
lodging,  fuel,  and  other  advantages  received  by  the  injured  employee, 
as    part    of    his    remuneration,    which    can    be    estimated    in    money,    but 


Act  2143e,  §§  13,  14  general  laws.  lOUO 

s^uch  average  weekly  earnings  shall  not  include  any  sinn  which  the  em- 
ployer may  pay  to  the  injured  employee  to  cover  any  special  expenses 
entailed  on  liini   by  the   nature  of  his  employment. 

(e)  If  injured  employee  is  under  twenty-one.  If  the  injured  employee 
is  under  twenty-one  years  of  age,  and  liis  incapacity  is  jiermaneut,  his 
average  weekly  earnings  shall  be  deemed,  within  the  limits  fixed,  to  be 
the  weekly  sum  that  under  ordinary  circumstances  he  would  probably 
be  able  to  earn  after  attaining  the  age  of  twenty-one  years,  in  the 
occupation  in  which  he  was  employed  at  the  time  of  the  injury  or  in 
any  occupation  to  which  he  would  reasonably  have  been  promoted  if 
he  had  not  been  injured,  and  if  such  probable  earnings  after  attaining 
the  age  of  twenty-one  years  can  not  reasonably  bo  determined,  such 
average  weekly  earnings  shall  be  based  upon  three  dollars  a  day  for  a 
six-day  week. 

§  13.    Weekly  loss  in   wages  in  case   of    temporary  partial  disability. 

The  weekly  loss  in  wages  in  case  of  temporary  partial  disability  shall 
consist  of  the  difference  betweeen  the  average  weekly  earnings  of  the 
injured  employee,  computed  according  to  the  provisions  of  section  nine, 
and  the  weekly  amount  which  the  injured  employee  will  probably  be  able 
to  earn  during  the  disability,  to  be  determined  in  view  of  the  nature 
and  extent  of  the  injury.  In  computing  such  probable  earnings  due 
regard  shall  be  given  to  the  ability  of  the  injured  employee  to  compete 
in  an  open  labor  market.  If  evidence  of  exact  loss  of  earnings  be 
lacking,  such  weekly  loss  in  wages  may  be  computed  from  the  propor- 
tionate loss  of  physical  ability  or  earning  power  caused  by  the  injury. 
§14.  Who  are  deemed  wholly  dependent,  (a)  The  following  shall  be 
exclusively  presumed  to  be  wholly  depiendent  for  support  upon  a  de- 
ceased employee: 

(1)  A  wife  upon  a  husband  with  whom  she  was  living  at  the  time 
of  his  death,  or  for  whose  support  such  husband  was  legally  liable  at 
the  time  of  his  death. 

(2)  A  child  or  children  under  the  age  of  eighteen  years,  or  over  said 
age,  but  physically  and  mentally  incapacitated  from  earning,  upon  the 
jiarent  with  whom  he  or  they  are  living  at  the  time  of  the  death  of 
such  parent  or  for  whose  maintenance  such  parent  was  legally  liable 
at  the  time  of  death,  there  being  no  surviving  dependent  parent. 

(b)  In  all  other  cases,  questions  of  entire  or  partial  dependency  and 
questions  as  to  who  constitute  dejiendents  and  the  extent  of  their  de- 
pendency shall  be  determined  in  accordance  with  the  fact,  as  tlie  fact 
may  bo  at  the  time  of  the  injury  of  Ihc  employee. 

(c)  No  person  slmll  bi'  cdiisidcrcil  a  dependent  of  any  deceased  em- 
ployee unless  ill  ^nod  tnilh  ;i  incinbor  of  the  family  or  household  of 
such  om]doyoe,  (ir  unless  smli  p(Mxin  boars  to  such  employee  the  relation 
of  husband  or  wife,  child,  pnst  himioiis  cliild,  adopted  child  or  stepchild, 
father  or  mother,  fatlierin  l;iu  ov  mot  iicrin-law,  grandfather  or  grand- 
Miothcr,  bi'othor  or  sister,  iniclc  oi-  iiiiiil,  brdthor-in-la w  or  sister-in-law, 
Miqihcw  or   hiccc. 

( <\ )  Distribution  of  death  benefit  if  one  or  more  persons  wholly  de- 
pendent.      I.    It    lliorc    is   one   <ii-    more    persons    wliolly    do|ii'iidont    for   sn|)- 


1001  MASTEK  AND  SERVANT.  Act  214;3e,  §   15 

port  iiiion  a  deceased  employee,  such  person  or  persons  shall  receive 
the  entire  death  benefit,  and  any  person  or  persons  partially  dej)endent 
shall  receive  no  part  thereof. 

2.  If  there  is  more  than  one  such  person  wholly  dependent  for  sup- 
port upon  a  deceased  employee,  the  death  benefit  shall  be  divided  (jually 
among  them. 

3.  If  there  is  more  than  one  person  partially  dependent  for  siijiport 
upon  a  deceased  employee,  and  no  person  wholly  dependent  for  support, 
the  amount  allowed  as  a  death  benefit  shall  be  divided  among  the  per- 
sons so  jiartially  dependent  in  pioportion  to  the  relative  extent  of  their 
dependency. 

(e)  Commission    may    reassign    death    benefit.     Death    of    dependent. 

The  commission  may,  anything  in  this  act  contained  to  the  contrary 
notwithstanding,  set  apart  or  reassign  the  death  benefit  to  anj'  one  or 
more  of  the  dependents  in  accordance  with  their  respective  needs  and 
as  may  be  just  and  equitable,  and  may  order  payment  to  a  dependent 
subsequent  in  right,  or  not  otherwise  entitled,  upon  good  cause  being 
shown  therefor.  Such  death  benefit  shall  be  paid  to  such  one  or  more 
of  the  dependents  of  the  deceased  or  to  a  trustee  appointed  b}'  the  com- 
mission or  a  commissioner  for  the  benefit  of  the  person  or  persons  en- 
titled, as  may  be  determined  by  the  commission.  The  person  to  whom 
the  death  benefit  is  paid  for  the  use  of  the  several  beneficiaries  sliall 
apply  the  same  in  compliance  with  the  findings  and  directions  of  the 
commission.  In  the  event  of  the  death  of  a  dependent  beneficiary  of 
any  deceased  employee,  if  there  be  no  surviving  dependent,  the  death  of 
such  dependent  shall  terminate  tlie  death  benefit,  which  shall  not  survive 
to  the  estate  of  such  deceased  dependent,  except  that  payments  of  such 
death  benefit  accrued  and  payable  at  the  time  of  the  death  of  such  sole 
remaining  dependent  shall  be  paid  upon  the  order-  of  the  commission 
to  the  heirs  of  such  dependent  or,  if  none,  to  the  heirs  of  the  deceased 
employee,  without  administration. 

§  15.  Notice  to  employer.  No  claim  to  recover  compensation  under 
this  act  shall  be  maintained  unless  within  thirty  days  after  the  occur- 
rence of  the  injury  which  is  claimed  to  have  caused  the  disability  or 
death,  notice  in  writing  stating  the  name  and  the  address  of  the  person 
injured,  the  time  and  the  place  where  the  injury  occurred,  and  the  nature 
of  the  injury,  and  signed  by  the  person  injured  or  someone  in  his  behalf, 
or  in  case  of  his  death,  by  a  dependent  or  someone  in  his  behalf,  shall 
be  served  upon  the  employer;  provided,  however,  that  knowledge  of 
such  injury,  obtained  rrom  any  source,  on  the  part  of  such  em])loyer, 
his  managing  agent,  superintendent,  foreman,  or  other  person  in  au- 
thority, or  knowledge  of  the  assertion  of  a  claim  of  injury  sufficient 
to  afford  opportunity  to  the  employer  to  make  an  investigation  into  the 
facts  shall  be  equivalent  to  such  service;  and  provided  further,  that  the 
failure  to  give  any  such  notice,  or  any  defect  or  inaccuracy  therein, 
shall  not  be  a  bar  to  recovery  under  this  act  if  it  is  found  as  a  fact  in 
the  proceedings  for  the  collection  of  the  claim  that  there  was  no  inten- 
tion to  mislead  or  prejudice  the  employer  in  making  his  defense,  and 
that  he  was  not   in   fact   so    misled   or   prejudiced    tlierel.y. 


Act2143e,  §§  16,  17  general  laws.  1002 

§16.  Medical  examination  of  employee,  (a)  Whenever  the  right  to 
compensation  under  tins  act  would  exist  in  favor  of  any  employee,  he 
shall,  upon  the  written  request  of  his  employer,  submit  from  time  to 
time,  as  may  be  reasonable,  to  examination  by  a  practicing  physician, 
who  shall  be  provided  and  paid  for  by  the  employer,  and  shall  liltewise 
submit  to  examination  from  time  to  time  by  any  physician  selected 
by  the  commission  ur  any  member  or  referee  thereof. 

(b)  If  employee  refuses  to  submit  to  examination.  The  request  or 
order  for  such  examination  shall  fix  a  time  and  place  therefor,  due  con- 
sideration being  given  to  the  convenience  of  the  employee  and  his 
physical  condition  and  ability  to  attend  at  the  time  and  place  fixed. 
The  employee  shall  be  entitled  to  have  a  physician  provided  and  paid 
for  by  himself  present  at  any  examination  required  by  his  employer. 
So  long  as  the  employee,  after  such  written  request  of  the  employer, 
shall  fail  or  refuse  to  submit  to  such  examination  or  shall  in  any  way 
obstruct  the  same,  his  right  to  begin  or  maintain  any  proceeding  for 
the  collection  of  compensation  shall  be  suspended;  and  if  he  shall  fail  or 
refuse  to  submit  to  examination  after  direction  by  the  commission,  or 
any  member  or  referee  thereof,  or  sliall  in  any  way  obstruct  tlie  same, 
his  right  to  the  disability  payments  which  shall  accrue  during  the  period 
of  such  failure,  refusal  or  obstruction,  shall  be  barred.  Any  physician 
who  shall  make  or  be  present  at  any  such  examination  may  be  required 
to  report  or  testify  as  to  the  results  thereof. 

§  17.  Hearing  on  disputes.  Service  of  notice,  (a)  Upon  the  filing 
with  the  commission  by  any  party  in  interest  of  an  application  in  writ- 
ing stating  the  general  nature  of  any  dispute  or  controversy  concerning 
compensation,  or  concerning  any  right  or  liability  arising  out  of  or 
incidental  thereto,  jurisdiction  over  which  is  vested  by  this  act  in  the 
commission,  a  time  and  place  sliall  be  fixed  for  the  hearing  thereof, 
which  hearing,  unless  otherwise  agreed  to  by  all  the  parties  thereto, 
must  be  held  not  less  than  ten  days  nor  more  than  thirty  days  after  the 
filing  of  such  application.  The  person  filing  such  application  shall  be 
known  as  the  applicant  and  the  adverse  party  shall  be  known  as  the 
defendant.  A  copy  of  said  application,  together  with  a  notice  of  the 
time  and  place  of  hearing  thereof,  shall  forthwith  be  served  upon  all 
adverse  parties  and  may  be  served  either  as  a  summons  in  a  civil  action 
or  in  the  same  manner  as  any  other  notice  that  is  authorized  or  re- 
quired to  be  served  under  the  provisions  of  this  act.  A  notice  of  the 
time  and   jdacc  of  liearing  shall   also  be   served  upon  the  applicant. 

(b)  Jurisdiction  of  commission.  The  jurisdiction  of  the  commission 
shall  include  any  controversy  relating  to  or  arising  out  of  the  provisions 
of  subsection  (a)  of  section  nine  of  this  act,  unless  an  express  agree- 
ment shall  have  been  inadc  between  the  persons  or  institutions  render- 
ing such  treatment  and  llic  employer  or  insurance  carrier  fixing  the 
amouiif    fo  be  paid    for  llie  services. 

(<;)  But  one  cause  of  action.  TIkmc  shall  l)e  but  one  cause  of  action 
for  each  transaction  coining  witliin  tiic  provisioTis  of  this  act,  and  all 
claim.s  brought  fny  in<Mlic;il  cxiicnsc,  disahility  ])ayments,  death  benefits, 
burial  expense,  liens  or  any  otlier  matter  arising  out  of  such  transaction 


1()U3  MASTER  AND  SERVANT.  Act  2143c,  §  18 

may,  in  the  diserctioii  of  the  coininissioii,  be  joined  in  the  same  proceed- 
ing at  any  time. 

(d)  Death  of  employer.  The  deatli  of  an  employer  subsequent  to  the 
sustaining  of  an  injury  by  an  employee  shall  not  impair  the  right  of  such 
employee  to  proceed  before  the  commission  against  the  estate  of  such 
employer,  and  the  failure  of  such  employee  or  his  dependents  to  cause 
the  claim  to  be  presented  to  the  executor  or  administrator  of  the  estate 
sliall  not  in  any  way  bar  or  suspend  such  right. 

§18.  Defendant's  answer,  (a)  If  any  defendant  desires  to  disclaim 
any  interest  in  the  subject  matter  of  the  claim  in  controversy,  or  con- 
siders that  the  application  is  in  any  respect  inaccurate  or  incomplete, 
or  desires  to  bring  any  fact,  paper  or  document  to  the  attention  of  the 
commission  as  a  defense  to  the  claim,  or  otherwise,  he  may,  within  five 
days  after  the  service  of  the  application  upon  him,  file  with  or  mail 
to  the  commission  his  answer  setting  forth  the  particulars  in  which  the 
application  is  inaccurate  or  incomplete,  and  the  facts  upon  which  he 
intends  to  rely.  A  copy  of  such  answer  must  be  forthwith  served  upon 
all  adverse  parties.  Evidence  upon  matters  not  pleaded  by  answer  shall 
be  allowed  only  upon  such  terms  and  conditions  as  may  be  imposed 
by  the  commission  or  commissioner  or  referee  holding  the  hearing. 

(]))  Application  for  relief.  If  the  defendant  fails  to  appear  or  answer, 
no  default  shall  be  taken  against  him,  but  the  commission  shall  proceed 
to  the  hearing  of  the  matter  upon  such  terms  and  conditions  as  it  may 
deem  proper.  Such  defendant  failing  to  appear  or  answer,  or  subse- 
quently contending  that  no  service  was  made  upon  him,  or  claiming  to 
be  aggrieved  in  any  other  manner  by  want  of  notice  of  the  pendency 
of  the  proceedings,  may  apply  to  the  commission  for  relief  substantially 
in  accordance  with  the  provisions  of  section  four  hundred  seventy-three 
of  the  Code  of  Civil  Procedure,  and  the  commission  is  hereby  authorized 
to  afford  such  relief.  No  right  to  relief,  including  the  claim  that  the 
findings  and  award  of  the  commission  or  judgment  entered  thereon  are 
void  upon  their  face,  shall  accrue  to  such  defendant  in  any  court  unless 
prior  application  shall  have  been  made  to  the  commission  in  accordance 
with  this  subsection,  and  in  no  event  shall  any  application  to  any  court 
be  allowed  except  as  prescribed  in  sections  sixty-seven  and  sixty-eight 
of  this  act. 

(c)  Dismissal  of  application.  If  upon  the  filing  of  an  application, 
such  application  shows  upon  its  face  that  the  applicant  is  not  entitled 
to  compensation,  the  commission  may,  upon  its  own  motion  or  upon  the 
motion  of  the  adverse  party,  and  after  opportunity  to  the  applicant  to 
be  heard  orally  or  in  writing,  and  upon  good  cause  appearing  therefor, 
dismiss  the  application  prior  to  any  hearing  thereon.  The  pendency 
of  such  motion  or  notice  of  intended  dismissal  shall  not,  unless  other- 
wise ordered  by  the  commission,  delay  the  hearing  upon  the  application 
upon  its  merits. 

(d)  Attachment  of  defendant's  property.  ITpon  the  filing  of  an  ap- 
plication by  or  on  behalf  of  an  injured  employee  or  his  dependents  or 
any  other  party  in  interest,  the  commission  may,  in  its  discretion,  in 
the    cases    mentioned   in   section   four   hundred   twelve    of   the    Code    of 


Act  2143c,  §  19  GENERAL   LAWS.  1004 

Civil  Procedure,  direct  the  county  clerk  of  anj-  county  or  city  and 
county  to  issue  writs  of  attachment  authorizing  the  sheriff  to  attach  the 
property  of  the  defendant  in  an  amount  not  to  exceed  the  greatest 
probable  award  against  him  in  such  matter,  to  be  fixed  by  the  commis- 
sion, as  security  for  the  paj^ment  of  any  compensation  which  may  there- 
after be  awarded.  The  provisions  of  part  two,  title  seven,  chapter  four, 
of  the  Code  of  Civil  Procedure  of  this  state,  as  far  as  applicable  to 
proceedings  before  the  commission,  shall  govern  the  proceedings  upon 
attachment,  and  the  commission  shall  be  substituted  for  the  superior 
court  in  said  provisions  for  the  purpose  of  this  act.  No  writ  of  attach- 
ment shall  be  issued  except  upon  the  order  of  the  commission  or  a  com- 
missioner, and  such  order  shall  not  be  made  where  it  appears  from  the 
application  or  affidavit  in  support  thereof  that  the  employer  was,  at  the 
time  of  the  injury  to  the  employee,  insured  against  liability  imposed 
by  this  act  in  any  insurance  carrier  licensed  to  do  business  in  the  state 
of  California.  If  it  should  at  any  time  after  the  levying  of  an  attach- 
ment be  made  to  appear  that  such  employer  was  so  insured,  and  the 
requisites  for  dismissing  said  employer  from  the  proceeding  and  sub- 
stituting the  insurance  carrier  as  defendant  under  any  of  the  methods 
prescribed  under  section  thirty  (e)  of  this  act  be  established,  the  com- 
mission must  forthwith  discharge  the  attachment.  In  levying  such 
attachment,  preference  must  be  given  to  the  real  property  of  the 
employer. 

§  19.  Pleadings.  Hearing.  Testimony,  (a)^  No  pleadings,  other  than 
the  application  and  answer,  shall  be  required.  The  hearing  on  the 
application  may  be  adjourned  from  time  to  time  and  from  place  to 
place  in  the  discretion  of  the  commission  or  commissioner  or  referee 
holding  such  hearing.  Either  party  shall  have  the  right  to  be  present 
at  any  hearing,  in  person  or  by  attorney  or  by  any  other  agent,  and  to 
present  such  testimony  as  shall  be  pertinent  under  the  pleadings,  but 
the  commission  may,  with  or  without  notice  to  either  party,  cause  testi- 
mony to  be  taken,  or  inspection  of  the  premises  where  the  injury  oc- 
curred to  be  made,  or  the  time-books  and  pay-roll  of  the  employer  to  be 
examined  by  any  commissioner  or  referee  appointed  by  the  commission, 
and  may  from  time  to  time  direct  any  employee  claiming  compensation 
to  be  examined  by  a  regular  physician;  the  testimony  so  taken  and  the 
results  of  any  such  inspection  or  examination  to  be  reported  to  the 
commission  for  its  consideration. 

(h)  Stipulation  of  facts.  The  parties  to  a  controversy  may  stipulate 
the  facts  relative  thereto  in  \viitini»  and  file  such  stipulation  with  the 
commission.  The  commission  may  thereupon  make  its  findings  and 
award  based  upon  such  stipulation,  or  may  in  its  discretion  set  the 
matter  down  for  hearing  and  take  such  further  testimony  or  make  such 
furtlier  investigations  as  may  be  necessary  to  enable  it  to  completely 
determine  the  matter  in  controversy. 

(c)  Evidence.  Tin'  (Mniiinission  may  receive  as  eNidence,  either  at  or 
subsequent  to  a  liearing,  and  use  as  proof  of  any  fact  in  dispute,  the 
following  matters,  in  addition  to  sworn  testimony  presented  in  open 
liearing: 

M)    Kcports  of  altcmling  or  cxaniining   pliysicians. 


1005  MASTER  AND  SERVANT.  xVct  2143c.  §  1!) 

(2j  Reports  of  special  iiivpsi  igators  appointed  by  the  commission  or 
a  commissioner  or  referee  1o  investigate  and  report  npon  any  soientifi'' 
or  medical  qnestion. 

(3)  Reports  or  employers,  containing  copies  of  time  sheets,  hook 
accounts,  reports  and   other  records,   properly   authenticated. 

(4)  Properly  authenticated  coi)ies  of  hospital  records  of  tlie  case  of 
the  injured  employee. 

(5)  All  publications  of  the  commission. 

(6)  All  official   publications  of  state  and   United  States  governments. 

(7)  Excerpts  from  expert  testimony  received  by  the  commission  npon 
similar  issues  of  scientific  fact  in  other  cases  and  the  prior  decisions  of 
the  commission  upon  such  issues;"  provided,  however,  that  transcripts 
of  all  testimonj-  taken  without  notice  and  copies  of  all  reports  and 
other  matters  added  to  the  record,  otherwise  than  during  the  course  of 
an  open  hearing,  be  served  upon  the  parties  to  the  proceeding,  and  oppor- 
tunity be  given  to  produce  testimony  in  ex^ilanation  or  rebuttal  before 
decision   is  rendered. 

(d)  Affirmative  defenses.  Tlie  burden  of  ])roof  lies  upon  the  jvarty 
holding  the  affirmative  of  tlie  issue.  The  following  are  affirmative 
defenses,  and  the  burden  of  proof  shall  rest  upon  the  employer  to  estab- 
lish them: 

(1)  That  an  injured  person  claiming  to  be  an  employee  is  an  inde- 
pendent contractor  or  otherwise  excluded  from  the  protection  of  this" 
act,  where  there  is  proof  that  such  injured  person  was  at  the  time  of  his 
injury  actually  performing  service  for  the  alleged  employer. 

(2)  Intoxication   of   an   employee  causing  his  injury. 

(3)  Willful  misconduct   of  an  employee  causing  his  injury. 

.(4)  Aggravation  of  disal)ility  liy  unreasonable  conduct  of  the  em- 
ployee. 

(5)  Prejudice  to  the  employer  by  failure  of  the  employee  to  give 
notice,  as  required  by  section  fifteen. 

(e)  Autopsy.  Where  it  is  represented  to  the  commission,  either  before 
or  after  the  filing  of  an  application,  that  an  employee  has  died  as  a 
result  of  injuries  sustained  in  the  course  of  his  employment,  the  commis- 
sion may  require  an  autopsy,  and  the  report  of  the  physician  perform- 
ing such  autopsy  may  be  received  in  evidence  in  any  proceedings  there- 
tofore or  thereafter  brought.  If  at  the  time  such  autopsy  is  requested 
the  body  of  such  employee  be  in  the  custody  of  the  coroner,  the  coroner 
must,  upon  the  request  of  the  commission  or  of  any  party  interested, 
afford  reasonable  opportunity  for  the  attendance  of  any  physicians 
named  by  the  commission  at  any  autopsy  ordered  by  him.  If  the  coroner 
should  not  require,  or  shall  have  already  performed  such  autopsy,  he 
shall  permit  an  autopsy  or  re-examination  to  be  performed  by  physi- 
cians named  by  the  commission.  No  fee  shall  be  charged  by  the  coroner 
for  any  service,  arrangement  or  permission  given  by  him. 

If  the  body  is  not  in  the  custody  of  the  coroner,  the  commission  shall 
have  authority  to  authorize  the  performance  of  such  autopsy  and  the 
exhumation  of  the  body  for  such  purpose  if  necessary.  If  the  depend- 
ents, or  a  majority  thereof,  of  any  such  deceased  employee,  haviu;^  the 
custody  of  the  body  of  such  deceased  employee,  shall  refuse  to  allow 
the  performance   of  such   autopsy,   such   autopsy  shall   not  be  held;   but 


Aet2143e,  §§  20, 21  general  laws.  lOOfi 

upon  the  hearing  of  any  ap])lieation  for  compensation  it  shall  be  a  dis- 
putable presumption  that  the  injury  or  death  was  not  due  to  causes 
entitling  the  claimants  to  benefits  under  this  act. 

§20.  Findings  and  award,  (a)  After  final  hearing  by  the  commis- 
sion, it  shall,  within  thirty  days,  make  and  file  (1)  its  findings  upon 
all  facts  involved  in  th'?  controversy,  and  (2)  its  award  which  shall 
state  its   determination  as  to  the  rights  of  the  parties. 

(b)  The  commission  in  its  award  may  fix  and  determine  the  total 
amount  of  compensation  to  be  paid  and  specify  the  manner  of  payment, 
or  may  fix  and  determine  the  weekly  disability  payment  to  be  made 
and  order  payment  thereof  during  the  continuance  of  such  disability. 

(c)  If,  in  any  proceeding  under  sections  six  to  thirty-one,  inclusive, 
of  this  act,  it  is  proved  that  an  injury  has  been  suffered  for  which  the 
employer  would  be  liable  to  pay  compensation  if  disability  had  resulted 
therefrom,  but  it  is  not  proved  that  any  incapacity  had  resulted,  the 
commission  may,  instead  of  dismissing  the  application,  award  a  nominal 
disability  indemnity,  if  it  appears  that  disability  is  likely  to  result 
at  a  future  time. 

(d)  Amending  orders,  etc.  The  commission  shall  have  continuing  ju- 
risdiction over  all  its  orders,  decisions  and  awards  made  and  entered 
under  the  provisions  of  sections  six  to  thirty-one,  inclusive,  of  this  act 
and  may  at  any  time,  upon  notice,  and  after  opportunity  to  be  heard 
is  given  to  the  parties  in  interest,  rescind,  alter  or  amend  any  such 
order,  decision  or  award  made  by  it  upon  good  cause  appearing  there- 
for, such  power  including  the  right  to  review,  grant  or  regraut,  diminish, 
increase  or  terminate,  within  the  limits  prescribed  by  this  act,  any 
compensation  awarded,  upon  the  grounds  that  the  disability  of  the 
person  in  whose  favor  such  award  was  made  has  either  recurred,  in- 
creased, diminished  or  terminated;  provided,  that  no  award  of  com- 
pensation shall  be  rescinded,  altered  or  amended  after  two  hundred 
forty-five  weeks  from  the  date  of  the  injury.  Any  order,  decision  or 
award  rescinding,  altering  or  amending  a  prior  order,  decision  or  award 
shall  have  the  same  effect  as  is  herein  provided  for  original  orders, 
decisions  or  awards. 

§21.  Findings  filed  in  superior  court,  (a)  Any  party  affected  thereby 
may  file  a  certified  copy  of  the  findings  and  award  of  the  commission 
with  the  clerk  of  the  superior  court  of  any  county,  or  city  and  county, 
and  judgment  must  be  entered  by  the  clerk  in  conformity  therewith 
Ininicdiatcly  upon  the  filing  of  such  findings  and  award. 

(b)  Judgment-roll.  Tlie  certified  copy  of  the  findings  and  award  of 
tlio  coiiimissioii  and  a  cojjy  of  tlie  jiulgment  shall  constitute  the 
Judginciit-roll.  Tlie  pleadings,  all  orders  of  the  commission,  its  original 
findings  and  award,  and  all  otlicr  papers  and  documents  filed  in  the 
rinisc  shall  remain  on  file  in  the  (dfice  of  the  commission. 

((•)  Stay  of  execution.  The  commission,  or  any  mcniln'r  tiiereof,  may 
stay  the  execution  of  any  judgment  entered  up(in  an  award  of  the 
commission,  ui)on  good  cause  appearing  therefor  and  niion  such  terms 
and  conditions  as  may  be  imposed.  A  certified  copy  of  sucli  order  shall 
})f   filed    wifli    the   clerk   entering  judgment.     Where   it   is   deemed   desir- 


1007 


MASTER  AND  SERVANT.       Act  2148e,  v^^  22-24 


able  to  stay  tlie  enforcement  of  an  award  and  a  certified  copy  of  said 
findings  and  award  has  not  been  issued  by  tlie  commission,  the  commis- 
sion, or  any  member  thereof,  may  order  such  certified  copy  to  be  with- 
held with  the  same  force  and  under  the  same  conditions  as  it  might 
issue  a  stay  of  execution  if  said  certified  copy  had  been  issued  and  judg- 
ment entered  thereon. 

(d)  Entry  of  satisfaction.  When  a  judgment  is  satisfied  in  fact, 
otherwise  than  ujion  an  execution,  the  commission  may,  upon  motion 
of  either  party  or  of  its  own  motion,  order  the  entry  of  satisfaction  of 
the  judgment  to  be  made,  and  upon  filing  a  certified  copy  of  such  order 
with  the  said  clerk,  he  shall  thereupon  enter  sucli  satisfaction  and  not 
otherwise. 

§  22.  Eeview  of  findings,  etc.  The  orders,  findings,  decisions  or 
awards  of  the  commission  made  and  entered  under  sections  six  to  thirty- 
one,  inclusive,  of  this  act  may  be  reviewed  by  the  courts  specified  in 
sections  sixty-seven  and  sixty-eight  hereof  and  within  the  time  and  in 
the  manner  therein  specified  and  not  otherwise. 

§  23.  Fees.  Costs.  No  fees  shall  be  charged  by  the  clerk  of  any 
court  for  the  performance  of  any  official  service  required  by  this  act, 
except  for  the  docketing  of  awards  as  judgments  and  for  certified  copies 
of  transcripts  thereof.  In  all  proceedings  under  this  act  before  the 
commission,  costs  as  between  the  parties  shall  be  allowed  or  not  in  the 
discretion  of  the  commission  and  the  commission  may,  in  its  discretion, 
where  payments  of  compensation  have  been  unreasonably  delayed,  allow 
the  beneficiary  thereof  interest  thereon,  at  not  to  exceed  one  and  one- 
half  per  cent  per  month,  during  such  period  of  delay. 

§24.  Claim  not  assignable,  (a)  No  claim  for  compensation  shall  be 
assignable  before  payment,  but  this  provision  shall  not  affect  the  sur- 
vival thereof,  nor  shall  any  claim  for  compensation,  or  compensation 
awarded,  adjudged  or  paid,  be  subject  to  be  taken  for  the  debts  of  the 
party  entitled  to  such  compensation,  except  as  hereinafter  provided. 
No  compensation,  whether  awarded  or  voluntarily  paid,  shall  be  paid 
to  any  attorney  at  law  or  in  fact  or  other  agent,  but  shall  be  paid  di- 
rectly to  the  claimant  entitled  to  the  same,  unless  otherwise  ordered  by 
the  commission.  Any  payment  made  to  such  attorney  at  law  or  in  fact 
or  other  agent  in  violation  of  the  provisions  of  this  section  shall  not 
be  credited  to  the  employer. 

(b)  Lien  against  amount  due  as  compensation.  The  commission  may 
fix  and  determine  and  allow  as  a  lien  against  any  amount  to  be  paid 
as  compensation: 

(1)  A  reasonable  attorney's  fee  for  legal  services  pertaining  to  any 
claim  for  compensation  or  application  filed  therefor  and  the  reasonable 
disbursements  in  connection  therewith. 

(2)  The  reasonable  expense  incurred  by  or  on  behalf  of  the  injured 
employee,  as  defined  in  subsection  (a)  of  section  nine  hereof. 

(3)  The  reasonable  value  of  the  living  expenses  of  an  injured  employee, 
not  exceeding  sixty-five  per  cent  of  his  weekly  wages  between  the  date 
of  his  injury  and  the  payment  of  the  disability  payment  or  death  benefit; 


Act  2143c,  §  25  general  laws.  1008 

provided,  that  no  such  allowance  shall  be  made  while  an  injured  employee 
is  confined  to  a  hospital  for  treatment. 

(i)  The  reasonable  burial  expenses  of  the  deceased  ehiployee,'  not  to 
exceed  the  sum  of  one  hundred  dollars. 

(.5)  The  reasonable  living  expenses  of  the  wife  or  minor  children 
of  the  injured  employee,  or  both,  subsequent  to  the  date  of  the  injury, 
where  such  emploj-ee  has  deserted  or  is  neglecting  his  family,  to  be  al- 
lowed in  such  proportion  as  the  commission  shall  deem  proper,  upon  ap- 
plication of  the  wife  or  guardian  of  the  minor  children. 

(c)  Notice  of  claim.  Award  by  commission.  If  notice  in  writing  be 
given  to  the  employer  setting  forth  the  nature  and  extent  of  any  claim 
that  may  be  allowed  as  a  lien,  the  said  claim  shall  be  a  lien  against 
any  amount  thereafter  to  be  paid  as  compensation,  subject  to  the  de- 
termination of  the  amount  and  approval  thereof  by  the  commission. 
The  commission  may,  in  its  discretion,  order  the  amount  of  such  claim 
as  fixed  and  allowed  by  it  paid  directly  to  the  person  entitled,  either 
in  a  lump  sum  or  in  installments.  Where  it  appears  in  any  proceeding- 
pending  before  the  commission  that  a  lien  should  be  allowed  if  the  same 
had  been  duh'  requested  by  the  party  entitled  thereto,  the  commission 
may,  in  its  discretion,  and  without  any  request  for_such  lien  having  been 
made,  order  the  payment  of  such  claim  to  be  made  directly  to  the  per- 
son entitled,  in  the  same  manner  and  with  the  same  effect  as  though 
such  lien  had  been  regularly  requested,  and  the  award  to  such  person 
shall  constitute  a  lien  against  unj^aiil  compensation  due  at  the  time  of 
service  of  said  award. 

(d)  Excessive  claim  for  legal  services.  No  claim  or  agreement  for 
the  legal  services  or  disbursements  mentioned  in  paragraph  (1)  of  sub- 
section (b)  hereof,  or  for  the  expense  mentioned  in  paragraph  (2)  of 
said  subsection  (b),  in  excess  of  a  reasonable  amount,  shall  be  valid 
or  binding  in  any  respect,  and  it  shall  be  competent  for  the  commission 
to  determine  what  constitutes  such  reasonable  amount. 

(e)  Preference  of  claim  for  compensation.  V  claim  for  compensa- 
tion for  the  injury  nr  death  of  any  employee,  or  any  award  or  judgment 
thereon,  shall  have  the  same  preference  over  the  other  unsecured 
debts  of  the  employer  or  insurance  carrier  as  is  given  by  law  to  claims 
for  wages.  Such  preference  shall  be  for  the  entire  amount  of  com- 
pensation to  be  paiil,  but  this  section  snail  not  impair  the  lien  of  any 
jjrevious  award. 

§25.  Liability  of  principal  employers  and  contractors.  The  liability 
of  principal  employers  and  contracting  employers,  general  or  interme- 
diate, for  compensation  under  this  act,  when  other  than  the  immediate 
employer  of  tlie  injured  emi)loyee,  shall  be  as  follows: 

(a)  When  any  such  employer  undertakes  to  do,  or  contracts  with  an- 
other to  do,  or  to  have  done,  any  work,  either  directly  or  through  con- 
tractors or  subcontractors,  then  such  principal  employer  or  contracting 
employer  sliall  be  liable  to  jiay  to  any  employee  injured  while  engaged 
in  the  execution  of  such  work,  or  lo  his  dependents  in  the  event  of  his 
death,   or   to   any   other  person,   any   comi)onsation   which   the  immediate 


1009  MASTER  AND  SERVANT.  Act  2148e,  §  26 

employer    is   liable    to    pay,   and    the    coiiimission    shall    have   Jiiris<li"tion 
to  determine  all  controversies  arising  under  this  section. 

(b)  The  person  entitled  to  such  compensation  shall  have  the  light 
to  recover  the  same  directly  from  his  immediate  employer,  and  in  ad- 
dition thereto  the  right  to  enforce  in  his  own  name,  in  tlie  manner 
jirovided  by  this  act,  the  liability  for  compensation  imposed  upon  other 
jiersons  by  this  section,  either  by  making  such  other  persons  parties 
to  the  original  application  or  by  filing  a  separate  application;  provided, 
however,  that  payment  in  whole  or  in  part  of  such  compensation  by 
either  the  immediate  employer  or  other  person  shall,  to  tlie  extent  of 
such  payment,  be  a  bar  to  recovery  against  the  other. 

(c)  When  any  j^erson,  other  than  the  immediate  employer,  shall  have 
paid  any  compensation  for  which  he  would  not  have  been  liable  inde- 
jiendently  of  this  section,  he  shall,  unless  he  caused  the  injury,  be 
entitled  to  recover  the  full  amount  so  paid  from  the  person  primarily 
liable  therefor,  and  jurisdiction  to  determine  his  claim  shall  be  vested 
in  the  commission;  provided,  that  such  right  of  reimbursement  against 
the  person  primarily  liable  for  compensation  shall  not  exist  in  favor 
of  any  insurance  carrier  insuring  such  other  persons  upon  whom  liability 
is  imposed  by  this  section,  in  any  case  where  the  immediate  employer 
shall  have  joined  with  any  of  such  other  persons  in  taking  out  such 
]iolicy  of  insurance  or  shall  have  contributed  to  the  paymOTit  of  the 
l)remium  for  such  insurance,  with  the  intent  of  securing  joint  protec- 
tion thereby,  anything  in  the  policy  to  the  contrary  notwithstanding. 

(d)  Limitations  on  liability.  The  liability  imposed  by  this  section 
shall  be  subject  to  the  followng  limitations: 

(1)  Such  liability  shall  exist  only  in  eases  where  the  injury  occurred  on 
or  in  or  about  the  premises  on  which  the  principle  employer  or  contracting 
employer,  whether  general  or  intermediate,  has  undertaken  to  execute 
or  to  have  executed  any  work,  or  when  such  premises  or  work  are  other- 
wise under  his  control  or  management. 

(2)  Such  liability  shall  not  exist  in  the  event  that  the  immediate 
employer,  or  other  person  primarily  liable  for  the  compensation  shall, 
previous  to  the  suffering  of  such  injury,  have  taken  out,  and  maintained 
in  full  force  and  effect,  compensation  insurance  with  any  insurance 
carrier,  covering  his  full  liability  for  compensation. 

(3)  The  commission  may,  in  its  discretion,  order  that  execution  against 
such  principal  employer  or  contracting  employer  be  stayed  until  execu- 
tion against  the  immediate  employer  shall  be  returned  unsatisfied. 

(e)  The  findings  and  award  of  this  commission  entered  against  the 
immediate  employer  shall  be  conclusive  for  or  against  all  persons  upon 
whom  liability  is  imposed  by  this  section  as  to  the  fact  and  extent  of 
liability  of  such  immediate  employer. 

§  26.  When  person  other  than  employer  liable  for  damages.  Employer 
and  employee  as  parties  plaintiff.  If  employee  or  employer  prosecutes 
alone.  When  any  injury  for  which  compensation  is  payable  under  the 
provisions  of  this  act  shall  have  been  sustained  under  circumstances 
creating  in  some  other  person  than  the  employer  a  legal  liability  to 
pay  damages  in  respect  thereto,  the  injured  employee  may  claim  com- 
64 


Act  2143c,  §  27  general  laws.  1010 

pensation  under  the  provisions  of  this  act,  but  the  payment  or  award 
of  compensation  shall  not  affect  the  claim  or  right  of  action  of  such 
injured  employee  against  such  other  person,  but  such  injured  employee 
may  proceed  at  law  against  such  person  to  recover  damages;  and  any 
employer  having  paid,  or  having  become  obligated  to  pay,  comp'iusa- 
tion  may  bring  an  action  against  such  other  person  to  recover  damnges, 
and  evidence  of  any  amount  he  has  paid  or  become  obligated  to  pay, 
as  compensation,  shall  not  be  admissible;  provided,  that  if  either  such 
employee  or  such  employer  shall  bring  such  action  against  such  third 
person,  he  shall  forthwith  notify  the  other  in  writing,  by  personal  pres- 
entation or  by  registered  mail,  of  such  fact  and  of  the  name  of  the 
court  in  which  suit  is  brought,  filing  proof  thereof  in  such  action,  and 
such  other  may  join  as  a  party  plaintiff  in  such  action  within  thirty 
days  after  such  notification,  or  must  consolidate  his  action,  if  brought 
independently,  and  if  such  other  party  fails  to  join  or  proceed  as  ]<arty 
plaintiff,  his  right  of  action  against  sncn  third  person  shall  be  barred. 
In  the  event  that  such  employer  and  employee  shall  join  as  parties 
plaintiff  in  such  action  and  damages  are  recovered,  such  damages  shall 
be  so  apportioned  that  the  claim  of  the  employer  shall  take  precedence 
over  that  of  the  injured  employee,  and  if  the  damages  shall  not  be  suf- 
ficient or  shall  be  only  sufficient  to  reimburse  the  employer  for  the 
comjiensation  which  he  has  paid,  or  has  become  obligated  to  pay,  with 
a  reasonable  allowance  for  an  attorney's  fee,  to  be  fixed  by  the  court, 
and  his  costs,  such  damages  shall  be  assessed  in  his  favor;  but  if  the 
damages  shall  be  more  than  sufficient  to  reimburse  him,  the  damages 
shall  be  assessed  in  his  favor  sufficient  to  so  reimburse  him,  and  the 
excess  shall  be  assessed  in  favor  of  the  injured  employee.  In  ease  such 
employee  shall  prosecute  such  suit  to  judgment  without  the  union  of 
the  employer  by  joinder  or  consolidation,  the  employer  shall  have  a  first 
lien  upon  any  damages  secured  by  the  employee  by  such  proceeding  for 
the  compensation  the  emploj-er  has  paid,  or  has  become  obligated  to 
pay,  and  may,  by  motion  in  open  court,  secure  the  allowance  of  said 
lien  at  any  time  before  satisfaction  of  the  judgment;  and  if  such  suit 
shall  be  prosecuted  to  judgment  by  the  employer  alone,  such  employer 
shall  hold  the  damages  recovered  by  him,  over  and  above  the  compen- 
sation which  he  has  paid,  or  has  become  obligated  to  pay,  with  a  reason- 
able allowance  for  an  attorney's  fee,  to  be  fixed  by  the  court,  and  his  costs, 
for  the  benefit  of  the  injured  employee  or  other  person  entitled,  and  the 
injured  employee,  shall,  in  addition  to  other  remedies  provided  by  law, 
1)0  entitled,  b}-  motion  in  open  court,  to  liave  such  excess  awarded  to 
him  in  the  judgment  entered  by  the  court,  at  any  time  prior  to  satis- 
faction thereof. 

§  27.  Right  to  compromise,  (a)  No  contract,  rule  or  regulation  shall 
f.\('iii|)t  the  ciniilDyci  liom  liability  for  the  compensation  fixed  by  this 
act,  but  nothing  in  this  act  contained  shall  be  construed  as  impair- 
ing the  right  of  tlie  jjarties  interested  to  compromise,  subject  to  the 
jirovisions  herein  contained,  any  ]ial)iiity  whicli  may  be  claimed  to  exist 
under  this  act  on  account  of  such  injury  or  death,  or  as  conferring 
upon  the  dependents  of  iiny  injured  eini)loyee  any  interest  which  such 
empioyoe   may   not   divert    by    sucli   compromise   or  for   which   he,   or  his 


loll  MASTER  AND  SEKVANT.  Act  2148c,  §  28 

estate,   shall,  in    the  event   of   such   coniproiiiise   by    him,   be  aecountalile 
to  such  dependents  or  any  of  them. 

(b)  Valid  release  or  compromise  agreement.  The  compensation  herein 
provided  shall  be  the  measure  of  the  responsibility  which  the  employer 
has  assumed  for  injuries  or  death  that  may  occur  to  employees  in  his. 
employment  when  subject  to  the  provisions  of  this  act,  and  no  release 
of  liability  or  compromise  agreement  shall  be  valid  imless  it  provide 
for  the  payment  of  full  comiieusation  in  accordance  with  the  provisions 
of  this  act  or  unless  it  shall  be  ajiproved  liy  the  commission. 

(c)  Award  based  on  release  or  compromise  agreement.  A  copy  of  such 
release  or  compromise  agreement  signed  by  both  parties  shall  forthwith 
be  filed  with  the  commission.  When  such  release  or  compromise  agree- 
ment is  filed  with  the  commission  and  approved  by  it,  the  commission 
may  of  its  own  motion,  or  on  the  application  of  either  party,  witliout 
notice,  enter  its  award  based  upon  such  release  or  compromise  agreement. 

(d)  Contents  of  release  or  compromise  agreement.  Every  such  release 
Or  compromise  agreement  shall  be  in  writing,  duly  executed  and  attested 
by  two  disinterested  witnesses,  and  sliall  specify  the  date  of  the  acci- 
dent, the  average  weelcly  wages  of  the  employee,  determined  according 
to  section  twelve  hereof,  the  nature  of  the  disability,  whether  total  or 
partial,  permanqnt  or  temporary,  the  amount  paid  or  due  and  unpaid 
to  the  employee  up  to  the  date  of  the  release  or  agreement  or  death,  as 
the  case  may  be,  and,  if  any,  the  amount  of  the  payment  or  benefits 
then  or  thereafter  to  be  made,  and  the  length  of  time  that  such  payment 
is   to    continue.     In    case    of    death   there    shall    also    be    stated   in   such 

.  release  or  compromise  agreement  the  date  of  death,  the  name  of  the 
widow,  if  any,  the  names  and  ages  of  all  children,  if  any,  and  the  names 
of  all  other  dependents,  if  any,  and  whether  such  dependents  be  total 
or  partial,  and  the  amount  paid  or  to  be  paid  as  a  death  benefit  and  to 
whom  such  payment  is  to  be  made. 

§28.  Compensation  payable  in  lump  sum.  (a)  At  the  time  of  making 
its  award,  or  at  anj-  time  thereafter,  the  commission  on  its  own  motion, 
either  with  or  without  notice,  or  upon  application  of  either  party  with 
due  notice  to  the  other,  may,  in  its  discretion,  commute  the  compensa- 
tion payable  under  this  act  to  a  lump  sum,  if  it  appears  that  such  com- 
mutation is  necessary  for  the  protection  of  the  person  entitled  thereto, 
or  for  the  best  interest  of  either  party,  or  that  it  will  avoid  undue  ex- 
l)ense  or  hardship  to  either  party,  or  that  the  employer  has  sold  or 
otherwise  disposed  of  the  greater  part  of  his  assets,  or  is  about  to  do  so, 
or  that  the  employer  is  not  a  resident  of  this  state,  and  the  commission 
may  order  such  compensation  jiaid  forthwith  or  at  some  future  time. 

(b)  Determination  of  amount  of  commuted  payment.  The  amount  of 
tlie  commuted  payment  shall  be  determined  in  accordance  with  the  follow- 
ing provisions: 

(1)  If  the  injury  causes  temporary  disability,  the  commission  shall 
estimate  the  probable  duration  thereof  and  the  probable  amount  of  the 
temporar}'  disabilit}^  payments  therefor,  in  accordance  with  the  provi- 
sions of  section  nine  hereof,  and  shall  fix  the  lump  sum  payment  at  such 
amount  so  determined. 


Act  2143c,  §  29  general  laws.  1012 

(2)  If  the  injury  causes  permauent  disability  or  death,  the  commission 
shall  fix  the  total  amount  of  the  permanent  disability  payment  or  death 
benefit  payable  therefor  in  accordance  with  the  provisions  of  said  sec- 
tion nine,  and  shall  estimate  the  present  value  thereof,  assuming  interest 
at  the  rate  of  six  per  cent  per  annum,  disregarding  the  probability  of 
the  beueficiarj^'s  death  in  all  cases  except  where  the  percentage  of  per- 
manent disability  is  such  as  to  entitle  the  beneficiary  to  a  life  pension, 
and  then  taking  into  consideration  the  probability  of  the  beneficiary's 
death  only  in  estimating  the  present  value  of  such  life  pension. 

(c)  Manner  of  making  lump  sum  payment.  The  commission  in  its  dis- 
cretion may  order  the  lump  sum  payment,  determined  as  hereinbefore 
provided,  paid  directly  to  the  injured  employee  or  his  dependents,  or 
deposited  with  any  savings  bank  or  trust  company  authorized  to  transact 
business  in  this  state,  that  will  agree  to  accept  the  same  as  a  deposit 
bearing  interest,  or  the  commission  may  order  the  same  deposited  with 
the  state  compensation  insurance  fund.  Any  such  amount  so  deposited, 
together  with  all  interest  derived  therefrom,  shall  thereafter  be  held 
in  trust  for  the  injured  employee,  or  in  the  event  of  his  death,  for  his 
dependents,  and  the  latter  shall  have  no  further  recourse  against  the 
employer.  Payments  from  said  fund,  when  so  deposited,  shall  be  made 
by  the  trustee  only  in  the  same  amounts  and  at  the  same  time  as  fixed 
by  order  of  the  commission  and  vmtil  said  fund  and  interest  thereon 
shall  be  exhausted.  In  the  appointment  of  the  trustee  preference  shall 
be  given,  in  the  discretion  of  the  commission,  to  the  choice  of  the  in- 
jured employee  or  his  dependents.  Upon  the  making  of  such  payment, 
the  employer  shall  present  to  the  commission  a  proper  re^jeipt  evidencing 
the  same,  executed  either  by  the  injured  employee  or  his  dependents,  or 
by  the  trustee,  and  the  commission  shall  thereupon  issue  its  certificate 
in  proper  form  evidencing  the  same,  and  such  certificate,  upon  filing  with 
the  clerk  of  the  superior  court  in  which  any  judgment  upon  an  award 
may  have  been  entered,  shall  operate  as  a  satisfaction  of  said  award 
and  shall  fully  discharge  tlie  employer  from  any  further  liability  on  ac- 
count thereof. 

(d)  Payments  from  state  compensation  insurance  fund.  The  commis- 
sion may,  where  the  employer  is  uninsured  and  the  })ayments  of  compen- 
sation awarded  are  to  be  paid  for  a  considerable  time  in  the  future, 
ilctermiue  the  present  worth  of  said  future  payments,  discounted  at  the 
rate  of  tiiree  per  cent  per  annum,  and  order  the  said  present  worth  paid 
into  tiie  state  compensation  insurance  fund,  which  fund  shall  thereafter 
j)ay  to  the  beneficiaries  of  said  award  the  future  payments  as  they  be- 
come due. 

§29.     Ways   for   securing  payment   of   compensation,     (a)   Every   em- 

ployt'r  as  defined  in  section  sevcMi  liereof,  exce|)1  I  he  state  and  all 
l)olitical  subdivisions  or  institutions  thereof,  shall  secure  the  payment 
of  compensation  in  one  or  more  of  the  following  ways: 

1.  By  insuring  and  keeping  insured  against  liability  to  pay  compen- 
sation in  one  or  more  insurance  carriers  duly  authorized  to  write  com- 
j)enHation  insurance  in  this  state. 

2.  Hy  seeuring  from  the  commission  a  certificate  of  consent  to  self- 
insure,    wliich    may    be   given    upon    his    linnisliing   jiroof   satisfactory    to 


1013  MASTER  AND  SERVANT.  Act  2143c,  §  30 

fhe  commission  of  ability  to  carry  his  own  iusuraiu-c  aud  pay  any  cora- 
])ensation  that  may  become  due  to  his  employees.  The  commission  may, 
in  its  discretion,  require  such  employer  to  deposit  with  the  state  treasurer 
a  bond  or  securities  approved  by  the  commission,  in  an  amount  to  be 
determined  by  the  commission.  Such  certificate  may  be  revoked  at  any 
time  for  good  cause  shown. 

(b)  Action  against  employer.  Right  to  attach  property.  If  any  em- 
ployer shall  fail  to  secure  the  payment  of  compensation,  any  injureil 
employee  or  his  dependents  may  proceed  against  such  employer  by  filing 
an  application  for  compensation  with  the  commission,  and,  in  addition 
thereto,  such  injured  employee  or  his  dependents  may  bring  an  action 
at  law  against  such  employer  for  damages,  the  same  as  if  this  act  did 
not  apply,  and  shall  be  entitled  in  such  action  to  the  right  to  attach 
the  property  of  the  employer,  at  any  time  upon  or  after  the  institution 
of  such  action,  in  an  amount  to  be  fixed  by  the  court,  to  secure  the  pay- 
ment of  any  judgment  which  may  ultimately  be  obtained.  Such  judgment 
shall  include  a  reasonable  attorney's  fee  to  be  fixed  by  the  court.  The  pro- 
visions of  the  Code  of  Civil  Procedure,  except  in  so  far  as  they  may  be 
inconsistent  with  this  act,  shall  govern  the  issuance  of  and  proceedings 
upon  such  attachment;  provided,  that  if  as  a  result  of  such  action  for 
damages  a  judgment  is  obtained  against  such  employer  in  excess  of  the 
compensation  awarded  under  this  act,  the  compensation  awarded  by  the 
commission,  if  paid,  or  if  security  approved  by  the  court  be  given  for 
its  payment,  shall  be  credited  upon  such  judgment;  provided,  further, 
that  in  such  action  it  shall  be  presumed  that  the  injury  to  the  employee 
was  a  direct  result  and  grew  out  of  the  negligence  of  the  employer,  and 
the  burden  of  proof  shall  rest  upon  the  employer  to  rebut  the  presump- 
tion of  negligence.  In  such  proceeding  it  shall  not  be  a  defense  to  the 
employer  that  the  employee  may  have  been  guilty  of  contributory  negli- 
gence, or  assumed  the  risk  of  the  hazard  complained  of,  or  that  the 
injury  was  caused  by  the  negligence  of  a  fellow-servant.  No  contract, 
rule  or  regulation  shall  be  allowed  to  restore  to  the  employer  any  of  the 
foregoing  defenses. 

§  30.  Eight  of  employer  to  insure  in  mutual  companies,  etc.  (a) 
Nothing  in  this  act  shall  affect  the  organization  of  any  mutual  or  other 
insurance  compan}',  or  any  existing  contract  for  insurance,  or  the  right 
of  the  employer  to  insure  in  mutual  or  other  companies,  in  whole  or  in 
part,  against  liability  for  the  compensation  provided  by  this  act;  or  to 
provide  by  mutual  or  other  insurance,  or  by  arrangement  with  his  em- 
l)loyees,  or  otherwise,  for  the  payment  to  such  employees,  their  families, 
dependents  or  representatives,  of  sick,  accident  •  or  death  benefits,  in 
addition  to  the  compensation  provided  for  by  this  act;  or  the  right  of 
the  employer  to  waive  the  waiting  period  provided  for  herein  by  in- 
surance coverage;  provided,  however,  that  it  shall  be  unlawful  for  any 
employer  to  exact  or  receive  from  any  employee  any  contribution,  or 
make  or  take  any  deduction  from  the  earnings  of  any  employee,  either 
directly  or  indirectly,  to  cover  the  whole  or  any  part  of  the  cost  of 
comjiensation  under  this  act,  and  it  shall  bo  a  misdemeanor  so  to  do. 

(b)  Liability  not  reduced  by  insurance,  etc.  Liability  for  compensa- 
tion  shall  not  be  leduced   or  affected  bv  anv  insurance,  contribution,  or 


Act  2143c,  §  30  GENERAL   LAWS.  1014 

other  benefit  whatsoever  due  to  or  received  by  the  person  entitled  to 
such  compensation,  except  as  otherwise  provided  by  this  act,  and  the 
person  so  entitled  shall,  irrespective  of  any  insurance  or  other  contract, 
except  as  otherwise  provided  in  this  act,  have  the  right  to  recover  such 
compensation  directly  from  the  employer,  and  in  addition  thereto,  the 
right  to  enforce  in  his  own  name,  in  the  manner  provided  in  this  act, 
either  by  making  the  insurance  carrier  a  party  to  the  original  applica- 
tion or  by  filing  a  separate  aj^plication,  the  liability  of  any  insurance 
carrier,  which  may,  in  whole  or  in  part,  have  insured  against  liability 
for  such  compensation;  provided,  however,  that  payment  in  whole  or  in 
part  of  such  compensation  by  either  the  employer  or  the  insurance  com- 
pany shall,  to  the  extent  thereof,  be  a  bar  to  recovery  against  the  other 
of  the  amount  so  paid;  and  provided,  further,  that  as  between  the  em- 
ployer and  the  insurance  company,  payment  by  either  directly  to  the 
employee,  or  to  the  person  entitled  to  compensation,  shall  be  subject  to 
the  conditions  of  the  insurance  contract  between  them. 

(c)  Insurance  carrier  directly  liable  to  employee.  Every  contract 
insuring  against  liability  for  compensation,  or  insurance  policy  eviden- 
cing the  same,  must  contain  a  clause  to  the  effect  that  the  insurance 
carrier  shall  be  directly  and  primarily  liable  to  the  employee  and,  in 
the  event  of  his  death,  to  his  dependents,  to  pay  the  compensation,  if 
any,  for  which  the  employer  is  liable;  that,  as  between  the  employee  and 
the  insurance  carrier,  the  notice  to  or  knowledge  of  the  occurrence  of 
the  injury  on  the  part  of  the  employer  shall  be  deemed  notice  or  knowl-' 
edge,  as  the  case  may  be,  on  the  part  of  the  insurance  carrier;  that  juris- 
diction of  the  employer  shall,  for  the  purpose  of  this  act,  be  jurisdiction 
of  the  insurance  carrier;  and  that  the  insurance  carrier  shall  in  all 
things  be  bound  by  and  subject  to  the  orders,  findings,  decisions  or 
awards  rendered  against  the  employer  under  the  provisions  of  this  act. 

(J)  Lien  of  employee  on  amount  owing  on  policy.  Such  policy  must 
also  provide  that  tlio  employee  shall  have  a  first  lien  upon  any  amount 
which  shall  become  owing  on  account  of  such  policy  to  the  employer 
from  the  insurance  carrier,  and  that  in  case  of  the  legal  incapacity  or 
inability  of  the  employer  to  receive  the  said  amount  and  pay  it  over 
to  the  employee  or  his  dependents,  the  said  insurance  carrier  may  and 
shall  pay  the  same  directly  to  the  said  employee  or  his  dependents, 
thereby  discharging,  to  the  extent  of  such  payment,  the  obligations  of 
the  employer  to  the  employee;  and  such  policy  shall  not  contain  any  pro- 
visions relieving  the  insurance  carrier  from  payment  when  the  employer 
becomes  insolvent  or  is  discharged  in  bankruptcy,  or  otherwise,  during 
the  period  that  the  policy  is  in  operation  or  the  compensation  remains 
owing.  Every  contract  insuring  against  liability  for  compensation,  pro- 
vided by  this  act,  or  insnrjuico  yiolicv  e\idencing  the  same  shall  be  con- 
clusively presumed  to  (•ontiiin   nil   of  I  lie   provisions  recpiirod  by  this  act. 

((')  Employer  relieved  from  liability  by  insurance  carrier.  (1)  Tf  the 
fiDplovcr  shall  be  insured  agninst  linhility  for  (•"inpiMisatioii  with  any 
insurance  carrier,  and  if  after  the  sufVcrin;^  of  nnv  injury  such  insurance 
carrier  sliall  serve  or  caiise  to  be  served  upon  any  ])(MS()n  claiming  com- 
]i('nsafi()n  against  such  employer  a  notice  that  it  has  assumed  and  agreed 
to  pay  the   compensation,  if  any,  for  which  the  employer  is  liable,  and 


1015  MASTER  AND  SERVANT.  Act  2143c,  §  31 

sliall  file  a  copy  of  such  notice  witli  tlie  conimiss'on,  such  employer  shall 
theieiipou  be  relieved  from  liabilty  for  compensation  to  such  claimant 
and  the  insurance  carrier  shall,  without  notice,  be  substituted  in  place 
of  the  employer  in  any  proceeding  theretofore  or  thereafter  instituted 
by  such  person  to  recover  such  compensation,  and"  the  employer  shall 
be  dismissed  therefrom.  Such  jirocecdings  shall  not  abate  on  account 
of  such  substitution  but  siiall  be  continued  against  such  insurance 
earner.  If  at  the  time  of  the  suffering  of  an  injury  for  which  com- 
pensation is  claimed,  or  may  be  claimed,  the  employer  shall  be  insured 
against  liability  for  the  full  amount  of  compensation  payable,  or  that 
may  become  payable,  the  employer  may  serve  or  cause  to  be  served  upon 
any  person  claiming  compensation  on  account  of  the  suffering  of  such 
injury  and  upon  the  insurance  carrier  a  notice  that  the  insurance  carrier 
has  in  its  policy  contract  or  otherwise,  assumed  and  agreed  to  pay  the 
compensation,  if  any,  for  which  the  employer  is  liable,  and  may  file 
a  copy  of  such  notice  with  the  commission.  If  it  shall  thereafter  appear 
to  the  satisfaction  of  the  commission  that  the  insurance  carrier  has, 
through  the  issuance  of  its  contract  of  insurance  or  otherwise,  assumed 
such  liability  for  compensation,  such  employer  shall  thereupon  be  re- 
lieved from  liability  for  compensation  to  such  claimant  and  the  in- 
surance carrier  shall,  after  notice,  be  substituted  in  place  of  the  employer 
in  any  proceeding  theretofore  or  thereafter  instituted  by  such  person  to 
recover  such  compensation,  and  the  employer  shall  be  dismissed  there- 
from. Such  preceding  shall  not  abate  on  account  of  such  substitution, 
but  shall  be  continued  against  such  insurance  carrier. 

(2)  Order  of  commission.  The  commission  may,  with  or  without  the 
filing  of  the  notice  required  by  the  preceding  paragraph,  enter  its  order 
relieving  the  employer  from  liability  where  it  appears  from  the  plead- 
ings, stipulations  or  proof  that  an  insurance  carrier  joined  as  party  to 
the  proceeding  is  liable  for  the  full  compensation  which  the  employer  in 
such  proceeding  is  liable  to  pay. 

(f)  Insurance  carrier  subrogated  to  rights  of  employer.  Where  any 
employer  is  insured  against  liability  for  compensation  with  any  insur- 
ance carrier  and  such  insurance  carrier  shall  have  assumed  the  liability 
of  the  employer  therefor  in  the  manner  provided  by  this  section,  or 
shall  have,  paid  any  compensation  for  which  the  employer  is  liable,  or 
furnished  or  provided  any  medical  services  required  by  this  act,  such 
insurance  carrier  shall  be  subrogated  to  all  the  rights  and  duties  of 
such  employer  and  may  enforce  any  such  rights  of  its  own  name. 

(g)  State  fund  may  insure.  The  state  compensation  insurance  fund 
may  insure  against  any  liability  fixed  under  this  act  to  the  same  extent 
as  any  insurance  carrier. 

§31.  "Limited  compensation  policy."  (a)  If  any  insurance  policy 
shall  be  issued  covering  liability  for  compensation,  which  policy  shall 
contain  any  limitation  as  to  the  compensation  payable,  such  limitation 
shall  be  printed  in  the  body  of  such  policy  in  bold-face  type  and  in 
addition  thereto  the  words  "limited  compensation  policy"  shall  be  piinted 
on  the  top  of  the  policy  in  bold-face  type  not  less  than  eighteen  point  in 
size.  Failure  to  observe  the  foregoing  requirement  shall  render  such 
[lolicy  unlimited. 


Act  2143c,  §§  32,  33         general  laws.  1016 

(b)  Xo  insurance  carrier  shall  insure  against  the  liability  of  the 
employer  for  the  additional  compensation  recoverable  under  the  pro- 
visions contained  in  section  6  (b)  hereof. 

§  32.  Organization  of  state  compensation  insurance  fund.  Nothing 
contained  in  this  act  sliall  be  taken  or  constniod  to  limit,  interfere  with, 
disturb,  or  render  ineffective  in  any  degree,  the  creation,  existence,  or- 
ganization, control,  management,  contracts,  rights,  powers,  duties  and 
liabilities  of  the  state  compensation  insurance  fund,  but  >all  such 
matters  and  things  are  hereby  expressly  confirmed,  saved  and  continued. 

§  33.  Constructions  of  terms  used  in  act.  The  following  terms,  as 
used  in  sections  thirty-three  to  fifty-four.  inclu?ive,  of  this  act,  shall, 
unless  a  different  meaning  is  plainly  required  by  the  context,  be  con- 
strued as  follows: 

(1)  "Place  of  employment."  The  phrase  "iilace  of  employment"  shall 
mean  and  include  every  place,  whether  indoors  or  out  or  underground, 
or  elsewhere,  and  the  premises  appurtenant  thereto,  where,  either  tem- 
porarily or  permanently,  any  industry,  trade,  work  or  business  is  carried 
on  or  where  any  process  of  operation  directly  or  indirectly  related  to 
any  industry,  trade,  worlv  or  business,  is  carried  on,  including  all  construc- 
tion work,  and  where  any  person  is  directly  or  indirectly  employed  by 
another  for  direct  or  indirect  gain  or  jjrofit,  but  shall  not  include  any 
place  where  persons  are  emploj-ed  solely  in  household  domestic  service, 
or  any  place  of  employment,  concerning  the  safety  of  which  jurisdiction 
may  have  been  vested  by  law  heretofore  or  hereafter  in  any  other  com- 
mission or  publii'  authority. 

(2)  "Employment."  The  term  ''employment"  shall  mean  and  include 
any  trade,  work,  business,  occupation  or  process  of  manufacture,  or  any 
method  of  carrying  on  such  trade,  work,  business,  occupation  or  process 
of  manufacture,  including  construction  work,  in  which  any  person  may 
lie  engaged,  except  whore  jiersons  are  em]doyed  solely  in  household 
domestic  service. 

(.3)  "Employer."  The  term  "employer"  shall  mean  and  include  every 
jierson,  firm,  voluntary  association,  corporation,  officer,  agent,  manager, 
representative  or  other  jierson  having  control  or  custody  of  any  em- 
ployment, place  of  employment  or  of  any  em])loyee. 

(4)  "Employee."  The  tei'in  "{Mnployce"'  shall  mean  and  include  every 
|icisoii  who  may  be  rciiuircd  or  (lii'('ct(>d  b>'  any  employer,  in  considera- 
lion  of  direct  or  indirect  yain  or  profit,  to  engage  in  any  employnu'ut, 
or  to   go  to  work   or   be   at    any   time   in   any  ])1m<m>   of  employment. 

(.'))  "Order."  The  term  ''order"  shall  mean  and  include  any  decision, 
rule,  regulation,  direction,  requirement  or  standard  of  the  commission 
or  any  other  determination  arrived  at  oi  decision  made  l)y  such  commis- 
sion under  the  safety  provisions  of  this  ad. 

(())  "General  order."  The  term  "general  order"  shall  mean  and  in- 
clude such  order,  made  nmler  tlie  safety  provisions  of  this  act,  as  ap- 
plies generally  thronghont  the  state  to  all  |iersons,  employments  or 
pbiccs   of   cmploymenl,   or   all    persons,   eni  |i|oy  inei:  I  ^   or    places   of   employ- 


1(117  MASTEK  ANM)  SEKVAXT.        Act  214;J(;,  ^§  8-l:-38 

iiHMit    iif    a    class    iindtM'    the    juyisdictioii    of    the    fominission.     All    othor 
nnlors  of  the  conimissiou  shall  be  consiilororl  spo'/ial  orders. 

(7)  "Local  order."  The  term  "local  onloi'"  shall  mean  and  inclmlo 
any  ordinaiu-e,  ordei-,  rule  or  deterniiiiatioii  of  any  board  of  supervisors, 
city  council,  board  of  trustees  or  other  governing  body  of  any  county, 
city  and  county,  city,  or  any  school  district  or  other  public  corporation, 
or  an  order  or  direction  of  any  other  public  official  or  board  or  depart- 
ment upon  any  matter  over  which  the  industrial  accident  commission 
has  jurisdiction. 

(S)  "Safe"  and  "safety."  The  terms  "safe"  and  "safety"  as  applied 
to  an  employment  or  a  place  of  employment  shall  mean  such  freedom 
from  danger  to  the  life  or  safety  of  enqdoyees  as  the  nature  of  the  em- 
ployment will  reasonably  permit. 

(9)  "Safety  device"  and  "safeguard."  The  terms  "safety  device" 
and  "safeguard"  shall  be  given  a  broad  interpretation  so  as  to  include 
any   jiraeticable  method   of  mitigating  or  preventing  a  specific  danger. 

§  34.  Employer  to  make  employment  safe.  Every  employer  shall 
furnish  employment  which  shall  be  safe  for  the  employees  therein  and 
shall  furnish  a  place  of  employment  which  shall  be  safe  for  employees 
therein,  and  shall  furnish  and  use  such  safety  devices  and  safeguards, 
and  shall  adopt  and  use  such  practices,  means,  methods,  operations  and 
processes  as  are  reasonably  adequate  to  render  such  employment  and 
place  of  employment  safe,  and  shall  do  every  other  thing  reasonably 
necessary  to  protect  the  life  and  safety  of  such  employees. 

§35.  Use  of  safety  devices.  No  employer  shall  require,  permit  or 
suffer  any  emjiloyee  to  go  or  be  in  any  employment  or  place  of  employ- 
ment which  is  not  safe,  and  no  such  employer  shall  fail  to  furnish, 
provide  and  use  safety  devices  and  safeguards  or  fail  to  adopt  and  use 
methods  and  processes  reasonably  adequate  to  render  such  emploj'nient 
and  place  of  employment  safe,  and  no  such  employer  shall  fail  or  neglect 
to  do  every  other  thing  reasonably  necessary  to  protect  the  life  and 
safety  of  such  employees,  and  no  such  employer  shall  occupy  or  main- 
tain any  place  of  employment  that  is  not  safe. 

§  36.  Construction  of  unsafe  place.  No  employer,  owner  or  lessee  of 
any  real  property  in  this  state  shall  construct  or  cause  to  be  constructed 
any  place  of  employment  that  is  not  safe. 

§  37.  Employee  not  to  interfere  with  safety  devices.  No  employee 
shall  remove,  displace,  damage,  destroy  or  carry  off  any  safety  device 
or  safeguard  furnished  and  provided  for  use  in  any  employment  or 
place  or  employment,  or  interfere  in  any  way  with  the  use  thereof  by' 
any  other  jierson,  or  interfere  with  the  use  of  any  method  or  process 
adopted  for  the  protection  of  any  employee,  including  himself,  in  such 
employment,  or  place  of  employment,  or  fail  or  neglect  to  do  every  other 
thing  reasonably  necessary  to  protect  the  life  and  safety  of  such  em- 
ployees. 

§  38.     Jurisdiction    of    commission    over   places    of    employment.     The 

commission    is    vested    with    full    power    and    jurisdiction    over,    and    shall 


Act2143c,§§  39-41  general  laws.  1018 

have  such  supervision  of,  every  employment  and  place  of  employment 
in  this  state  as  may  be  necessary  adequately  to  enforce  and  administer 
all  laws  and  all  lawful  orders  requiring  such  employment  and  place  of 
employment  to  be  safe,  and  requiring  the  protection  of  the  life  and 
safety  of  every  employee  in  such   employment  or  place  of  employment. 

§  39.     Power  of  commission  to  prescribe  devices,  standards,  etc.     The 

commission  shall  have  power,  after  a  hearing  had  upon  its  own  motion 
or  upon  complaint,  by  general  or  special  orders,  rules  or  regulations,  or 
otherwise: 

(1)  To  declare  and  prescribe  what  safety  devices,  safeguards  or  other 
means  or  methods  of  protection  are  well  adapted  to  render  the  employees 
of  every  employment  and  place  of  employment  safe  as  required  by  law 
or  lawful  order, 

(2)  To  fix  such  reasonable  standards  and  to  prescribe,  modify  and 
enforce  such  reasonable  orders  for  the  adoption,  installation,  use,  mainte- 
nance and  operation  of  safety  devices,  safeguards  and  other  means  or 
methods  of  protection,  to  be  as  nearly  uniform  as  possible,  as  may  be 
necessary  to  carry  out  all  laws  and  lawful  orders  relative  to  the  pro- 
tection of  the  life  and  safety  of  employees  in  employments  and  places 
of  emploj-ment. 

(3)  To  fix  and  order  such  reasonable  standards  for  the  construction, 
repair  and  maintenance  of  places  of  employment  as  shall  render  them 
safe, 

(4)  To  require  the  performance  of  any  other  act  which  the  protection 
of  the  life  and  safety  of  the  employees  in  employments  and  places  of 
employment  may  reasonably  demand, 

(5)  To  declare  and  prescribe  the  general  form  of  industrial  injury 
reports,  the  injuries  to  be  reported  and  the  information  to  be  furnished 
in  connection  therewith,  and  the  time  within  which  such  reports  shall 
be  filed.  Nothing  in  this  act  contained  shall  be  construed  to  prevent 
the  commission  from  requiring  supplemental  injury  reports, 

§  -10,     Notice  of  hearing  to  consider  general  safety  order.     Upon  the 

fixing  of  a  time  and  iilaco  for  the  holding  of  a  hearing  for  the  purpose 
fif  considering  and  issuing  a  general  safety  order  or  orders  as  authorized 
by  section  thirty-nine  hereof,  the  commission  shall  cause  a  notice  of  such 
hearing  to  be  published  in  one  or  more  daily  newspapers  of  general  cir- 
culation published  and  circulated  in  the  city  and  county  of  San  Fran- 
cisco, and  also  in  one  or  more  daily  newspapers  of  general  circulation 
published  and  circulated  in  the  county  of  Los  Angeles,  such  newspapers 
to  be  designated  by  the  commission  for  that  purpose.  No  defect  or  in- 
acccuracy  in  such  notice  or  in  the  publication  thereof  shall  invalidate 
any  general  order  issued    li.v   the  connnission  after  hearing   iiad. 

§  41.  Order  to  make  employment  safe.  Whenever  the  commission, 
after  :i  iicaring  liad  upon  its  own  motion  or  upon  complaint,  shall  find 
that  any  ei.iploynicnl  <>r  |dar.'  (if  employment  is  not  safe  or  that  the 
pnicti.-es   or    means   or    nut  liods   or   operations   or    processes   employed   or 

I, J., I   ii,   ,.(M •tioii   tlicrcwitli   lire  iinsat'c,  or  do   not   afford   adequate   pro- 

,,,,.ti„ti  to  til"  life  and  safety  ot  i'in|doyccs  in  surli  etnployment  or  place 
of    cniployMieiit,    the    conmiissiun    shall    make    an, I    enter    and   serve    such 


1U19  MASTEK  AND  SERVANT.       Act  21-43e,  §§  -42-46 

order  relative  thereto  as  may  be  necessary  to  render  such  eniploynicnt 
or  place  of  employment  safe  and  protect  the  life  and  safety  of  employees 
in  such  employment  and  place  of  employment  and  may  in  said  order 
direct  that  such  additions,  repairs,  improvements  or  change  be  made  and 
such  safety  devices  and  safeguards  be  furnished,  provided  and  used,  as 
are  reasonably  required  to  render  such  employment  or  place  of  employ- 
ment safe,  in  the  manner  and  within  the  time  specified  in  said   order. 

§42.  Time  for  compliance  with  order.  The  commission  may,  upon 
application  of  any  employer,  or  other  person  affected  thereby,  grant  such 
time  as  may  reasonably  be  necessary'  for  compliance  with  any  order,  and 
any  person  affected  by  such  order  may  petition  the  commission  for  an 
extension  of  time,  which  the  commission  shall  grant  if  it  finds  such  an 
extension   of   time  necessary. 

§  43.  Investigation  of  unsafe  emplojrment.  Whenever  the  commission 
shall  learn  or  have  reason  to  believe  that  any  employment  or  place  of 
employment  is  not  safe  or  is  injurious  to  the  welfare  of  any  employee 
it  may,  of  its  own  motion,  or  upon  complaint,  summarily  investigate 
the  same,  with  or  without  notice  or  hearings,  and  after  a  hearing  upon 
such  notice  as  it  may  prescribe,  the  commission  may  enter  and  serve 
sucli  order  as  may  be  necessary  relative  thereto,  anything  in  this  act  to 
the   contrary  notwithstanding. 

§44.  Obeying  order.  Every  employer,  employee  and  other  person 
shall  obey  and  comply  w^ith  each  and  every  requirement  of  every  order, 
decision,  direction,  rule  or  regulation  made  or  prescribed  by  the  co)nmis- 
sion  in  connection  with  the  matters  herein  specified,  or  in  any  w^aj'  re- 
lating to  or  affecting  safety  of  employments  or  places  of  emj)lo3'ment, 
or  to  protect  the  life  and  safety  of  employees  in  such  employments  or 
places  of  employment,  and  shall  do  everything  necessary  or  proper  in 
order  to  secure  compliance  with  and  observance  of  every  such  order, 
decision,  direction,  rule  or  regulation. 

§  4.'5.  Review  of  orders.  The  orders  of  the  commission,  general  or 
special,  its  rules  or  regulations,  findings  and  decisions,  made  and  entered 
under  the  safety-  provisions  of  this  act,  may  be  reviewed  by  the  courts 
specified  in  sections  sixty-seven  and  sixty-eight  of  this  act  and  within 
the  time  and  in  the  manner  therein  specified  and   not   otherwise. 

§  46.  Powers  of  supervisors,  etc.,  not  affected.  Nothing  contained 
in  this  act  shall  be  construed  to  deprive  the  board  of  supervisors  of  any 
county,  or  city  and  county,  the  board  of  trustees  of  any  city,  or  any 
other  public  corporation  or  board  or  department,  of  any  power  or  juris- 
diction over  or  relative  to  any  j)lace  of  employment;  provided,  that 
whenever  the  commission  shall,  by  order,  fix  a  standard  of  safety  for 
employments  or  places  of  employment,  such  order  shall,  upon  the  filing 
))y  the  commission  of  a  copy  thereof  with  the  clerk  of  the  county,  city 
and  county,  or  city  to  which  it  may  apply,  establish  a  minimum  require- 
ment concerning  the  matters  covered  by  such  order  and  shall  bo  con- 
strued in  connection  with  any  local  order  relative  to  the  same  matter 
and  to  amend  or  modify  any  requirement  in  such  local  order  not  up  to 
the  standard  of  the  order  of  the  commission. 


Act  2143c,  §§  47-51  genpjral  laws.  1020 

§47.     The    cnmnnssion    shall    have    further    power    and    authority: 

(1)  Museums  of  safety  and  hygiene.  To  establish  and  maintain  mu- 
seums of  safet}-  and  hygiene  in  which  shall  be  exhibited  safety  devices, 
safeguards  and  other  means  and  methods  for  the  protection  of  the  life 
and  safety  of  employees,  and  to  publish  and  distribute  bulletins  on  any 
phase  of  this  general  subject. 

(2)  Lectures.  To  cause  lectures  to  be  delivered,  illustrated  by 
stereoptieon  or  other  views,  diagrams  or  pictures,  for  the  information 
of  employers  and  their  employees  and  the  general  public  in  regard  to 
the  causes  and  prevention  of  industrial  accidents,  occupational  diseases 
and  related  subjects. 

(3)  Advisers.  To  appoint  advisers  who  shall,  without  compensation, 
assist  the  commission  in  establishing  standards  of  safety  and  the  com- 
mission may  adopt  and  incorporate  in  its  general  orders  such  safety 
recommendations  as  it  may  receive  from  such  advisers. 

§48.  Order  admissible  as  evidence.  Every  order  of  the  commission, 
general  or  special,  its  rules  and  regulations,  findings  and  decisions, 
made  and  entered  under  the  safety  provisions  of  this  act  shall  be  ad- 
missible as  evidence  in  any  prosecution  for  the  violation  of  any  of  the 
said  provisions  and  shall,  in  every  such  prosecution,  be  conclusively 
presumed  to  be  reasonable  and  lawful  and  to  fix  a  reasonable  and 
l^roper  standard  and  requirement  of  safety,  unless,  prior  to  the  insti- 
tution of  the  prosecution  for  such  violation  or  violations,  proceedings 
for  a  rehearing  thereon  or  a  review  thereof  shall  have  been  instituted 
as  provided  in  sections  sixty-four  to  sixty-eight,  inclusive,  of  this  act 
and  not  then  finally  determined. 

§49.  Penalty  for  violation.  Every  employer,  employee  or  other  per- 
son who,  either  individually  or  acting  as  an  officer,  agent  or  employee 
of  a  corporation  or  other  person,  violates  any  safety  provision  con- 
tained in  sections  thirty-four,  thirty-five,  thirty-six  or  thirty-seven  of 
this  act,  or  any  part  of  any  such  provision,  or  who  shall  fail  or  refuse 
to  comply  with  any  such  provision  or  any  part  thereof,  or  who,  directly 
or  indirectly,  knowingly  induces  another  so  to  do  is  guilty  of  a  misde- 
meanor. In  any  prosecution  under  this  section  it  shall  be  deemed  prima 
facie  evidence  of  a  violation  of  any  such  safety  provision,  that  the 
accused  has  failed  or  refused  to  comply  with  any  order,  rule,  regulation 
or  requirement  of  the  commission  relative  thereto,  and  the  burden  of 
proof  sliali  thereupon  rest  uj)0ii  the  accused  to  show  that  he  lias  com- 
idied  with  such  safety  provision. 

§.•30.  Separate  and  distinct  offense.  Kvcry  violation  of  tiie  provisions 
contained  in  sections  thirty-four,  thirty-five,  thirty-six  or  thirty-seven 
of  this  act,  or  any  part  or  portion  thereof,  by  any  person  or  corpora- 
tion is  a  separate  and  distinct  ofTciise,  and,  in  the  case  of  a  continuing 
violation  thereof,  each  day's  continnaiuc  Iheicof  shall  constitute  a  sepa- 
rate   ;ii]i|    'listiiH'l    oirciisc. 

§r)l.  Accident  prevention  fund.  Percentage  of  amount  of  gross 
premiums.     Estimates  submitted  to  board  of  control.     Revolving  fund. 

All    (ini's   iitiposcd    iiiid    (•()]lecte<l    umier  piosecutious   for   viohitions   of   tiie 


1U21  MASTKR  AND  SERVANT.       Act  2143c,  J?^  52,  53 

provisions  of  sections  tliirty  to  fifty -four  of  this  act  shall  be  jjai.!  into 
the  state  treasury  to  the  credit  of  the  "accident  prevention  fund,"  which 
fund  is  hereby  created.  In  addition  to  other  sources  of  income  of  said 
accident  prevention  fund,  the  state  compensation  insurance  fund  shall 
pay  into  the  said  accident  jirevontion  fund,  on  or  before  the  first  Mon- 
day in  July,  1918,  and  annually  thereafter,  the  sum  of  two  per  cent  upon 
the  amount  of  the  gross  premiums  received  by  it  upon  its  business  done 
in  this  state  during  the  preceding  calendar  year,  less  return  premiums 
and  reinsurance  in  ?ompauies  or  associations  authorized  to  do  business 
in  this  state,  which  payment  is  intended  to  be  the  equivalent  of  the 
taxes  imposed  upon  private  insurance  companies  by  the  laws  of  this 
state  relating  to  revenue  and  taxation.  The  state  compensation  insur- 
ance fund  shall  also  paj  into  the  said  accident  prevention  fund  interest 
from  September  1,  1917,  at  the  rate  of  four  per  cent  per  annum,  pay- 
able quarterly,  upon  the  sum  of  one  hundred  thousand  dollars  hereto- 
fore advanced  by  the  state  to  said  state  compensation  insurance  fund 
as  long  as  the  said  fund  shall  retain  the  said  sum  of  one  hundred  tho\i- 
sand  dollars.  The  commission  is  authorized  to  draw  from  said  accident 
prevention  fund  toward  the  support  of  its  department  of  safety.  The 
commission  shall  submit  from  time  to  time  to  the  state  board  of  con- 
trol an  estimate  of  the  amount  it  desires  to  withdraw  from  the  accident 
prevention  fund,  and  when  such  estimate  shall  be  approved  by  the  state 
board  of  control,  the  controller  is  directed  to  draw  his  warrant  on  said 
fund  in  favor  of  said  commission  for  such  amount,  and  the  treasurer 
is  authorized  and  directed  to  pay  the  same.  The  commission  shall  ac- 
count to  the  state  board  of  control  and  to  the  state  controller  for  all 
moneys  so  received,  furnishing  proper  vouchers  tlierefor.  The  said 
accident  prevention  fund  shall  be  a  revolving  fund. 

§52.  Unlawful  to  divulge  confidential  information.  It  shall  be  un- 
lawful for  any  meml)er  of  tiie  commission,  or  for  any  officer  or  employee 
of  the  commission,  to  divulge  to  any  person  not  connected  with  the 
administration  of  this  act  any  confidential  information  obtained  from 
any  person,  concerning  the  failure  of  any  other  person  to  keep  any 
place  of  employment  safe,  or  concerning  the  violation  of  any  order, 
rule  or  regulation  issued  by  the  commission.  Any  member  of  the  com- 
mission or  any  officer  or  employee  of  the  commission  divulging  such 
confidential  information  shall  be  guilty  of  a  misdemeanor. 

§  53.  Report  of  injuries,  (a)  Every  employer  of  labor,  without  any 
exceptions,  and  every  insurance  carrier,  and  every  physician  or  sur- 
geon who  attends  any  injured  employee,  is  hereby  required  to  file  with 
the  commission,  under  such  rules  and  regulations  as  the  commission 
may  from  time  to  time  make,  a  full  and  complete  report  of  every  injury 
to  an  employee,  arising  out  of  or  in  the  course  of  his  employment 
and  resulting  in  loss  pf  life  or  injury  to  such  person.  Such  reports 
shall  be  furnished  to  the  commission  in  such  form  and  such  detail  as 
the  commission  shall  from  time  to  time  prescribe,  and  shall  make  specific 
answers  to  all  questions  required  by  the  commission  under  its  rules 
and  regulations.  It  shall  be  unlawful  for  any  person,  firm,  corporation, 
agent  or  officer  of  a  firm  or  corporation,  to  fail  or  refuse  to  comply 
with  any   of  the  provisions  of  this  section,   and  any   such   person,   firm. 


Act2143e,  §§  54,  55  general  laws.  1022 

corporation,  agent  or  ofHeer  of  a  firm  or  corporation,  who  fails  or  refuses 
to  comply  with  the  provisions  of  this  section  shall  be  guilty  of  a  mis- 
.Icmeanor  for  each  and  every  offense  and  upon  conviction  thereof  shall 
])e  punishable  by  a  fine  of  not  less  than  ten  dollars  nor  more  than  one 
hundred  dollars.  Any  such  employer  or  insurance  carrier  who  shall 
furnish  such  report  shall  be  exempt  from  furnishing  any  similar  report 
or  reports  authorized  or  required  under  the  laws  of  this  state. 

(b)  Filling  out  blanks.  Every  employer  or  insurance  carrier  receiving 
from  the  commission  any  blanks  with  directions  to  fill  out  the  same 
shall  cause  the  same  to  be  properly  filled  out  so  as  to  answer  fully 
and  correctly  each  question  propounded  therein;  in  case  he  is  unable 
to  answer  any  such  questions  a  good  and  sufficient  reason  shall  be  given 
for  such  failure. 

(c)  Information  not  open  to  public  inspection.  No  information  fur- 
nished to  the  commission  by  an  employer  or  an  insurance  carrier  shall 
be  open  to  public  inspection  or  made  public  except  on  order  of  the  com- 
mission, or  by  a  commissioner  or  referee  in  the  course  of  a  proceeding. 
Any  officer  or  employee  of  the  commission  who,  in  violation  of  the  pro- 
visions of  this  subsection,  divulges  any  such  information  shall  be  guilty 
of  a  misdemeanor. 

§54.  Investigation  of  injuries,  (a)  The  commission  shall  investigate 
the  cause  of  all  industrial  injuries  occurring  within  the  state  in  any 
employment  or  place  of  employment,  or  directly  or  indirectly  arising 
from  or  connected  with  the  maintenance  or  operation  of  such  employ- 
ment or  place  of  employment,  resulting  in  disability  or  death  and 
requiring,  in  the  judgment  of  the  commission,  such  investigation;  and 
the  commission  shall  have  the  power  to  make  such  orders  or  recommen- 
dations with  respect  to  such  injuries  as  may  be  just  and  reasonable; 
])rovided,  that  neither  the  order  nor  the  recommendation  of  the  com- 
mission shall  be  admitted  as  evidence  in  any  action  for  damages  or 
any  proceeding  to  recover  compensation,  ])ased  on  or  arising  out  of 
such  injury  or  death. 

{]))  Inspectors,  etc.,  may  enter  place  of  employment.  For  the  purpose 
of  making  any  investigation  which  the  commission  is  authorized  to 
make  under  the  provisions  of  this  section,  or  for  the  purpose  of  col- 
lecting statistics  or  examining  the  provision  made  for  the  safety  of 
emi)]oyees,  any  member  of  the  commission,  inspector,  referee-  or  other 
person  designated  l)y  tlie  commission  for  that  pnriiosc,  may  enter  any 
place  of  employment. 

(c)  Penalty  for  violation.  Any  employer,  insuinnce  cirrier,  i-esixiri- 
sihle  agent  oi'  employee  of  sucii  (Miiploycr  or  insurance  cnniiM-,  or  any 
otlicr  person  wlio  slial!  viohile  or  omit  to  comply  with  ;iny  of  the 
l)rovisions  of  this  section,  or  wlio  sli;iil  in  ;uiy  way  oljstrnct  or  JKiniiier 
the  commission,  any  conimissionci-  or  oHum-  person  condurtiiig  any 
investigation  authorize.!  to  lie  nnd.it:il<('n  or  made  by  llic  coniniission, 
sliall  be  gnilty   of  ;i    misdcincanor. 

%r^r>.  Proceedings  instituted  before  commission,  (a)  Ail  proceedings 
[(,!■    tlir    rci'OMTv   of   compensation,   or   concerning  any    right    or   liability 


1023  MASTER  AND  SKKVANT.       Act  21430,  §§  56,  57 

arising  out  of  or  incidental  thereto,  or  for  the  enforcement  against  the 
employer  or  an  insurance  carrier  of  any  liability  for  compensation  im- 
posed upon  him  by  this  act  in  favor  of  the  injured  employee,  his  de- 
pendents or  any  third  person,  or  for  the  determination  of  any  question 
as  to  the  distribution  of  compensation  among  dependents  of  other  per- 
sons, or  for  the  determination  of  any  question  as  to  who  arc  dependents 
of  any  deceased  employee,  or  what  persons  are  entitled  to  any  benefit 
under  the  compensation  provisions  of  this  act,  or  for  obtaining  any 
order  which  by  this  act  the  commission  is  authorized  to  make,  or  for 
the  determination  of  any  other  matter,  jurisdiction  over  which  is  vested 
by  this  act  in  the  commission,  shall  be  instituted  before  the  commission, 
and  not  elsewhere,  except  as  otherwise  in  this  act  provided,  and  the 
commission  is  hereby  vested  with  full  power,  authority  and  jurisdic- 
tion to  try  and  finally  determine  all  such  matters,  subject  only  to  the 
review  by  the  courts  in  this  act  specified  and  in  the  manner  and  within 
the  time  in  this  act  provided. 

(b)  Orders,  etc.,  prima  facie  lawful.  All  orders,  rules  and  regulations, 
findings,  decisions  and  awards  of  the  commission  shall  be  in  force  and 
shall  be  prima  facie  lawful;  and  all  such  orders,  rules  and  regulations, 
findings,  decisions  and  awards  shall  be  conclusively  presumed  to  be 
reasonable  and  lawful,  until  and  unless  they  are  modified  or  set  aside 
by  the  commission  or  upon  a  review  by  the  courts  in  this  act  specified 
and   »vithin  the  time  and  in  the  manner  herein  specified. 

§56.  Service  of  notice,  etc.  (a)  Any  notice,  order  or  decision  re- 
quired by  this  act  to  be  served  upon  any  person  or  party  either  before, 
during  or  after  the  institution  of  any  proceeding  before  the  commis- 
sion, may  be  served  in  the  manner  provided  by  chapter  five,  title  four-, 
teen  of  part  two  of  the  Code  of  Civil  Procedure  of  this  state,  unless 
otherwise  directed  by  the  commission  or  a  member  thereof,  in  which 
event  the  same  shall  be  served  in  accordance  with  the  order  or  direction 
of  said  commission  or  member  thereof.  The  commission  or  commis- 
sioner may  also,  in  the  cases  mentioned  in  the  Code  of  Civil  Procedure 
of  this  state,  order  service  to  .be  made  by  publication  of  the  notice  of 
time  and  place  of  hearing.  Where  service  is  ordered  to  be  made  by 
publication  the  date  of  the  hearing  may  be  fixed  at  more  than  thirty 
days  from  the  date  of  filing  the  application. 

(b}  Any  such  notice,  order  or  decision  affecting  the  state  or  any 
city  and  county,  city,  school  district  or  public  corporation  therein,  shall 
be  served  upon  the  same  officer,  officers,  person  or  persons,  upon  whom 
the  service  of  similar  notices,  orders  or  decisions  is  authorized  by  law. 

(c)  Secretary,  etc.,  have  powers  of  peace  officers.  The  secretary,  as- 
sistant secretaries  and  the  inspectors  appointed  by  tiie  commission  shall 
have  all  the  powers  conferred  by  law  upon  peace  officers  to  carry 
weapons,  make  arrests  and  serve  warrants  and  other  process  in  tliis 
state. 

§57.  Powers  of  commission,  (a)  The  commission  shall  have  full 
power  and  authority: 

(1)  Rules  of  practice.  To  adopt  reasonable  and  proper  rules  of  prac- 
tice and  procedure. 


Act  2143c,  §  58  general  laws.  1024 

(2)  Representation  of  minors,  etc.  To  regulate  aud  provide  the  mau- 
uer,  and  by  whom,  minors  and  incompetent  persons  shall  appear  and  be 
represented  before   it. 

(3)  Appoint  trustee  to  appear  for  minor  or  incompetent.  To  appoint 
a  trustee  or  guardian  ad  litem  to  appear  for  and  represent  any  such 
minor  or  incompetent  upon  such  terms  and  conditions  as  it  may  deem 
proper;  and  such  guardian  or  trustee  must,  if  required  by  the  commis- 
sion or  a  commissioner,  give  a  bond  in  the  same  form  and  of  the  same 
character  required  by  law  from  a  guardian  appointed  by  the  courts  and 
in  such  an  amount  as  the  commission  or  a  commissioner  may  fix  and 
determine,  such  bond  to  be  approved  by  the  commission  or  a  commis- 
sioner, and  such  guardian  or  trustee  shall  not  be  discharged  from  lia- 
bility until  he  shall  have  filed  an  account  with  the  commission  or  with 
the  probate  court  aud  such  account  shall  have  been  approved.  The 
trustee  or  guardian  shall  be  entitled  to  receive  such  compensation  for 
his  services  as  shall  be  fixed  and  allowed  by  the  commission  or  by  the 
probate  court. 

(4)  Joinder  of  interested  persons.  To  provide  for  the  joinder  in  the 
same  proceeding  of  all  persons  interested  therein,  whether  as  employer, 
insurance  carrier,  employee,   dependent,   creditor   or   otherwise. 

(5)  Notices.  To  regulate  and  prescribe  the  kind  and  character  of 
nofices,  where  not  otherwise  jirescribed  by  this  act,  and  the  service 
thereof. 

(6)  Proofs.  To  regulate  and  prescribe  the  nature  and  extent  of  the 
proofs  ami  evidence. 

(b)  Controversies  over  insurance  policies.  Acting  as  arbitrator.  The 
commission  shall  also  have  jurisdiction  to  determine  controversies  arising 
out  of  insurance  policies  issued  to  self-employing  persons,  conferring 
benefits  identical  with  those  prescribed  by  this  act. 

The  commission  may  try  and  determine  matters  referred  to  it  by  the 
parties  under  the  provisions  of  part  three,  title  ten,  of  the  Code  of  Civil 
Procedure,  with  respect  to  controversies  arising  out  of  insurance  issued 
to  self-employing  persons  under  the  provisions  of  this  act.  Such  con- 
troversies may  be  submitted  to  it  by  the  signed  agreement  of  the  par- 
ties, or  by  the  application  of  one  party  and  the  submission  of  the  other 
to  its  jurisdiction,  with  or  without  an  express  request  for  arbitration. 
The  state  compensation  insurance  fund  must  submit  to  the  commission, 
the  consent  of  the  other  i)arty  being  obtained,  all  controversies  suscejv 
tible  of  being  arbitrated  under  this  section.  In  acting  as  arbitrator 
under  the  provisions  of  this  section,  the  commission  shall  have  all  the 
powers  which  it  may  lawfully  exercise  in  compensation  cases,  and  its 
findings  and  award  upon  such  arbitration  shall  have  the  same  conclusive- 
ness and  be  subject  to  the  same  mode  of  reopening,  review  and  enforce- 
ment as  in  compensation  cases.  No  fee  or  cost  shall  be  charged  by  the 
commission  to  any  party  for  arbitrating  the  issues  presented  under  this 
section. 

§58.  Controversies  over  injuries  outside  of  state.  The  commission 
.sliall    have    jurisdiction   over  all  controversies  arising  out   of   injuries  suf- 


1025  MASTER  x\ND  SERVANT.  Act  2143e,  §  59 

fered  without  tho  territorial  limits  of  this  state  in  those  cases  where 
the  injured  employee  is  a  resident  of  this  state  at  the  time  of  the  in- 
jury and  the  contract  of  hire  was  made  in  this  state,  and  any  such 
employee  or  his  dependents  shall  be  entitled  to  the  compensation  or  death 
benefits  provided  by  this  act. 

§  59.  Reference  of  cases.  The  commission  may  upon  the  agreement 
of  the  parties,  upon  the  application  of  either,  or  of  its  own  motion,  and 
either  with  or  without  notice,  direct  and  order  a  reference  in  the  follow- 
ing cases: 

(1)  To  try  any  or  all  of  the  issues  in  any  proceeding  before  it,  whether 
of  fact  or  of  law,  and  to  report  a  finding,  order,  decision  or  award  to 
be  based  thereon. 

(2)  To  ascertain  a  fact  necessary  to  enable  the  commission  to  deter- 
mine any  proceeding  before  it  or  to  make  any  order,  decision  or  award 
that  tho  commission  is  authorized  to  malce  under  this  act,  or  that  is 
necessary  for  the  information  of  the  commission. 

(b)  Referees.  The  commission  may  appoint  one  or  more  referees  in 
any  proceeding,  as  it  may  deem  necessary  or  advisable,  and  may  refer 
matters  arising  out  of  the  same  proceeding  to  different  I'eferees.  It  may 
also,  in  its  discretion,  appoint  general  referees  who  shall  hold  office 
during  the  pleasure  of  the  commission.  Any  referee  appointed  by  the 
commission  shall  have  such  powers,  jurisdiction  and  authority  as  is 
granted  under  the  law,  by  the  order  of  appointment  and  by  the  rules 
of  the  commission,  and  shall  receive  such  salary  or  compensation  for  his 
services  as  may  be  fixed  by  the  commission. 

(c)  Objection  to  appointments.  Any  party  to  the  proceeding  may 
object  to  the  appointment  of  any  person  as  referee  upon  any  one  or  more 
of  the  grounds  specified  in  section  six  hundred  forty-one  of  the  Code 
of  Civil  Procedure  and  such  objection  must  be  heard  and  disposed  of 
by  the  commission.  Affidavits  may  be  read  and  witnesses  examined  as  to 
such  objections. 

(d)  Oath  of  referee.  Before  entering  upon  his  duties,  the  referee  must 
be  sworn  before  an  officer  authorized  to  administer  oaths,  faithfully  and 
fairly  to  hear  and  determine  the  matters  and  issues  referred  to  him, 
and  to  make  just  findings  ;ind  report  according  to  his  understanding. 

(e)  Report  of  referee.  The  referee  must  report  his  findings  in  writing 
to  the  commission  within  fifteen  days  after  the  testimony  is  closed. 
Such  report  shall  be  made  in  the  form  prescribed  by  the  commission  and 
shall  include  all  matters  required  to  be  included  in  the  order  of  refer- 
ence or  by  the  rules  of  the  commission.  The  facts  found  and  conclusions 
of  law  must  be  separately  stated. 

(f)  Order,  etc.,  based  on  report  of  referee.  Upon  the  filing  of  the 
report  of  the  referee,  the  commission  may  confirm,  adopt,  modify  or  set 
aside  the  same  or  any  part  thereof  and  may,  either  with  or  without  fur- 
ther proceedings,  and  either  with  or  without  notice,  enter  its  order,  find- 
ings, decision  or  award  based  in  whole  or  in  part  upon  the  report  of 
the  referee,  or  upon  the  record  in  the  case. 

65 


Act  2143c,  §§  60, 61  general  laws.  1026 

(g)  Hearings  by  referees.  The  provisions  of  the  preceding  subdivi- 
sions of  this  section  shall  not  be  construed  to  prevent  the  commission 
from  requiring  its  referees  merely  to  hold  hearings  and  to  make  return 
of  the  testimony  to  the  commission. 

§  60.  Commission  not  bound  by  statutory  rules  of  evidence  and  pro- 
cedure. »  (a)  All  hearings  and  investigations  before  the  commission  or 
any  member  thereof,  or  any  referee  appointed  thereby,  shall  be  governed 
by  this  act  and  by  the  rules  of  practice  and  procedure  adopted  by  the 
commission,  and  in  the  conduct  thereof  neither  the  commission  nor  any 
member  thereof,  nor  any  referee  appointed  thereby,  shall  be  bound  by 
the  common  law  or  statutory  rules  of  evidence  and  procedure,  but 
may  make  inquiry  in  such  manner,  through  oral  testimony  and  written 
and  printed  records,  as  is  best  calculated  to  ascertain  the  substantial 
rights  of  the  parties  and  carry  out  justly  the  spirit  and  provisions  of 
this  act.  No  informality  in  any  proceeding  or  in  the  rflanner  of  taking 
testimony  shall  invalidate  any  order,  decision,  award,  rule  or  regulation 
made,  approved  or  confirmed  by  the  commission;  nor  shall  any  order, 
award,  rule  or  regulation  be  invalidated  because  of  the  admission  into 
the  record,  and  use  as  proof  of  any  fact  in  dispute,  of  any  evidence  not 
admissible  under  the  said  conimon  law  or  statutory  rules  of  evidence  and 
procedure. 

(b)  Depositions.  The  commission,  or  a  commissioner  or  referee,  or 
any  party  to  the  action  or  proceedings,  may,  in  any  investigation  or 
hearing  before  the  commission,  cause  the  deposition  of  witnesses  residing 
within  or  without  the  state  to  be  taken  in  the  manner  prescribed  by 
law  for  like  depositions  in  civil  actions  in  the  superior  courts  of  this 
state,  and  to  that  end  may  compel  the  attendance  of  witnesses  and  the 
production  of  books,  documents,  papers  and  accounts;  provided,  that 
depositions  taken  outside  of  the  state  may  be  taken  before  an}'  officers 
authorized  to  administer  oaths. 

§  61.  Power  of  commission  to  administer  oaths,  etc.  Witness  fees  and 
mileage.  The  commission  and  each  member  thereof,  its  secretary,  assist- 
ant secretaries  and  referees,  shall  have  power  to  administer  oaths,  certify 
to  all  official  acts,  and  to  issue  subpoenas  for  the  attendance  of  witnesses 
and  the  production  of  papers,  books,  accounts,  documents  and  testimony 
in  any  inquiry,  investigation,  hearing  or  proceeding  in  any  part  of  the 
state.  Each  witness  who  shall  apj^ear,  b^^  order  of  the  commission  or  a 
member  thereof,  or  a  referee  appointed  thereby,  shall  be  entitled  to 
receive,  if  demanded,  for  his  attendance  the  same  fees  and  mileage 
allowed  by  law  to  a  witness  in  civil  cases,  which  amount  shall  be  paid 
by  the  party  at  whose  request  such  witness  is  subpoenaed,  unless  other- 
wise ordered  by  the  commission.  When  any  witness  who  has  not  been 
required  to  attend  at  the  request  of  any  party  is  subpoenaed  by  the 
commission,  his  fees  and  mileage  may  be  paid  from  the  funds  appropri- 
ated for  the  use  of  the  commission  in  the  same  manner  as  other  expenses 
of  the  commission  are  paid.  Any  witness  subpoenaed,  except  one  whose 
fees  and  mileage  may  be  paid  from  the  funds  of  the  commission,  may, 
at  the  time  of  service,  demand  the  fee  to  which  he  is  entitled  for  travel 
to  and  from  the  place  at  which  he  is  required  to  appear,  and  one  day's 


1027  MASTEH  AND  SERVANT.       Act  2143c,  §§  62,  63 

attendance.  If  such  witness  demands  such  fees  at  the  time  of  service, 
and  they  are  not  at  that  time  paid  or  tendered,  he  shall  not  be  required 
to  attend  before  the  commission,  member  thereof,  or  referee  as  directed 
in  the  subpoena.  All  fees  and  mileage  to  which  any  witness  is  entitled, 
under  the  provisions  of  this  section,  may  be  collected  by  action  therefor 
instituted  by  the  person  to  whom  such  fees  are  payable. 

§  62.     Power  of  superior  court  to  compel  attendance  of  witnesses,  etc. 

The  superior  court  in  and  for  the  county,  or  city  and  county,  in  which 
any  inquiry,  investigation,  hearing  or  proceeding  may  be  held  by  the 
commission  or  any  member  thereof  or  referee  appointed  thereby,  shall 
have  the  power  to  compel  tlie  attendance  of  witnesses,  the  giving  of 
testimony  and  the  production  of  papers,  including  books,  accounts  and 
documents,  as  required  by  any  subpoena  issued,  by  the  commission  or 
member  thereof  or  referee.  The  commission  or  any  member  thereof  or 
the  referee,  before  whom  the  testimony  is  to  be  given  or  produced,  in  case 
of  the  refusal  of  any  witness  to  attend  or  testify  or  produce  any  papers 
required  by  such  subpoena,  may  report  to  the  superior  court  in  and  for 
the  county,  or  city  and  county,  in  which  the  proceeding  is  pending,  by 
petition,  setting  forth  that  due  notice  has  been  given  of  the  time  and 
place  of  attendance  of  said  witness,  or  the  production  of  said  papers, 
and  that  the  witness  has  been  subpoenaed  in  the  manner  prescribed  in 
this  act,  and  that  the  witness  has  failed  and  refused  to  attend  or  produce 
the  papers  required  by  the  subpoena,  or  has  refused  to  answer  qnustions 
propounded  to  him  in  the  course  of  such  proceeding,  and  ask  an  order 
of  said  court,  compelling  the  wdtness  to  attend  and  testify  or  produce' 
said  papers  before  the  commission.  The  court,  upon  the  petition  of 
the  commission  or  such  member  thereof  or  referee,  shall  enter  an  order 
directing  the  w^itness  to  appear  before  the  court  at  a  time  and  place 
to  be  fixed  by  the  court  in  feuch  order,  the  time  to  be  not  more  than  ten 
days  from  the  date  of  the  order,  and  then  and  there  show  cause  why 
he  had  not  attended  and  testified  or  produced  said  papers  before  the 
commission,  member  thereof  or  referee.  A  copy  of  said  order  shall  be 
served  upon  said  witness.  If  it  shall  appear  to  the  court  that  said 
subpoena  was  regularly  issued  by  the  commission  or  member  thereof 
or  referee  and  that  the  witness  was  legally  bound  to  comply  therewith, 
the  court  shall  thereupon  enter  an  order  that  said  witness  appear  before 
the  commission  or  member  thereof  or  referee  at  a  time  and  place  to  be 
fixed  in  such  order,  and  testify  or  produce  the  required  papers,  and 
upon  failure  to  obey  said  order,  said  witness  shall  be  dealt  with  as 
for  contempt  of  court.  The  remedy  provided  in  this  section  is  cumula- 
tive, and  shall  not  be  construed  to  impair  or  interfere  w^ith  the  power' 
of  the  commission  or  a  member  thereof  to  enforce  the  attendance  of 
witnesses  and  the  production  of  papers,  and  to  punish  for  contempt  in 
the  same  manner  and  to  the  same  extent  as  courts  of  record. 

§  63.  General  power  of  commission,  (a)  The  commission  is  hereby 
vested  with  full  power,  authority  and  jurisdiction  to  do  and  perform 
any  and  all  things,  whether  herein  specifically  designated,  or  in  addition 
thereto,  which  are  necessarj^  or  convenient  in  the  exercise  of  any  power, 
authority  or  jurisdiction  conferred  upon  it  under  this  act. 


Act  2143c,  §  64  general  laws.  1028 

(b)  Power  to  issue  writs,  etc.  The  commission  and  each  member 
thereof  shall  have  power  to  issue  writs  or  summons,  warrants  of  attach- 
ment, warrants  of  commitment  and  all  necessary  process  in  proceedings 
for  contempt,  in  like  manner  and  to  the  same  extent  as  courts  of  record. 
The  process  issued  by  the  commission  or  any  member  thereof  shall 
extend  to  all  j^arts  of  the  state  and  may  be  served  by  any  persons 
authorized  to  serve  process  of  courts  of  record,  or  by  any  person  desig- 
nated for  that  purpose  by  the  commission  or  any  member  thereof.  The 
person  executing  any  such  process  shall  receive  such  compensation  as 
may  be  allowed  by  the  commission,  not  to  exceed  the  fees  now  prescribed 
by  law  for  similar  services,  and  such  fees  shall  be  paid  in  the  same  man- 
ner as  jirovided  herein  for  the  fees  of  witnesses. 

§  6i.  Application  for  rehearing,  (a)  Any  party  or  person  aggrieved 
directly  or  indirectly  by  any  final  order,  decision,  award,  rule  or  regu- 
lation of  the  commission,  made  or  entered  under  any  provision  contained 
in  this  act,  may  apply  to  the  commission  for  a  rehearing  in  respect  to 
any  matters  determined  or  covered  by  such  final  order,  decision,  award, 
rule  or  regulation  and  specified  in  the  application  for  rehearing  within 
the  time  and  in  the  manner  hereinafter  specified,  and  not  otherwise. 

(b)  No  cause  for  action  unless  application  for  rehearing.  No  cause 
of  action  arising  out  of  any  such  final  order,  decision  or  award  shall 
accrue  in  anj'  court  to  any  person  until  and  unless  such  person  shall  have 
made  application  for  such  rehearing,  and  such  application  shall  have 
been  granted  or  denied;  provided,  that  nothing  herein  contained  shall 
be  construed  to  prevent  the  enforcement  of  any  such  final  order,  decision, 
award,  rule  or  regulation  in  the  manner  provided  in  this  act. 

-  (c)  Grounds  for  application.  Such  application  shall  set  forth  spe- 
cifically and  in  full  detail  the  grounds  upon  which  the  applicant  considers 
said  final  order,  decision,  award,  rule  or  regulation  is  unjust  or  unlawful, 
and  every  issue  to  be  considered  by  the  commission.  Such  applica- 
tion must  be  verified  upon  oath  in  the  same  manner  as  required  for  veri- 
fied pleadings  in  courts  of  record  and  must  contain  a  general  statement 
of  any  evidence  or  other  matters  upon  which  the  applicant  relies  in  sup- 
port thereof.  The  applicant  for  such  hearing  shall  be  deemed  to  have 
finally  waived  all  objections,  irregularities  and  illegalities  concerning 
the  matter  upon  wliich  such  rehearing  is  sought  other  tlian  those  set 
forth  in  the  application  for  such  rehearing. 

Cd)  Service  upon  adverse  parties.  A  copy  of  such  application  for  rc- 
licaring  shall  be  served  forthwith  upon  all  adverse  parties  by  the  party 
applying  for  such  rehearing,  and  any  such  adverse  party  may  file  an 
answer  thereto  within  ten  days  thereafter.  Such  answer  must  likewise 
be  verified.  The  commission  may  require  the  application  for  rehearing 
to  be  served  on  such  other  perso7is  or  parties  as  may  be  designated  by  it. 

(o)  Rehearing.  Upon  filing  of  an  application  for  a  rehearing,  if  the 
issues  raised  thereby  have  theretofore  been  adequately  considered  by 
the  commission,  it  may  determine  the  same  by  confirming  without  hearing 
its  previous  determination,  or  if  a  rehearing  is  necessary  to  determine 
the  issues  raised,  or  any  one  or  more  of  such  issues,  the  commission  ^hall 


1029  MASTER  AND  SERVANT.        Act  2143c,  §§  65,  (J6 

order  a  rehearing  thereon  and  consider  and  determine  the  matter  or 
matters  raised  by  such  application.  If  at  the  time  of  granting  such 
rehearing  it  shall  appear  to  the  satisfaction  of  the  commission  that  no  suffi- 
cient reason  exists  for  taking  further  testimony,  the  commission  may  recon- 
sider and  redetermine  the  original  cause  without  setting  a  time  and  place 
for  such  further  rehearing.  Notice  of  the  time  and  place  of  such  hear- 
ing, if  any,  shall  be  given  to  the  applicant  and  adverse  parties,  and  to 
such  other  persons  as  the  commission  may  order. 

(f)  Changing  order,  etc.  Action  within  thirty  days.  If  after  such  re- 
hearing and  a  consideration  of  all  tlie  facts,  including  those  arising  since 
the  making  of  the  order,  decision  or  award  involved,  the  commission  shall 
be  of  the  opinion  that  the  original  order,  decision  or  award,  or  any  part 
thereof,  is  in  any  respect  unjust  or  unwarranted,  or  should  be  changed, 
the  commission  may  abrogate,  change  or  modify  the  same.  An  order, 
decision  or  award  made  after  such  rehearing,  abrogating,  changing  or 
modifying  the  original  order,  decision  or  award,  shall  have  the  same 
force  and  effect  as  an  original  order,  decision  or  award,  but  shall  not 
affect  any  right  or  the  enforcement  of  any  right  arising  from  or  by  vir- 
tue of  the  original  order,  decision  or  award,  unless  so  ordered  by  the 
commission.  An  application  for  a  rehearing  shall  be  deemed  to  have 
been  denied  by  the  commission  unless  it  shall  have  been  acted  upon 
within  thirty  days  from  the  date  of  filing;  provided,  however,  that  the 
commission  may,  upon  good  cause  being  shown  therefor,  extend  the  time 
within  which  it  may  act  upon  such  application  for  not  exceeding  thirty 
days. 

§  65,     Grounds  for  rehearing  of  order  awarding  compensation,     (a)  At 

any  time  within  twenty  days  after  the  service  of  any  final  order  or  de- 
cision of  the  commission  awarding  or  denying  compensation,  or  arising 
out  of  or  incidental  thereto,  any  party  or  parties  aggrieved  thereby  may 
apply  for  such  rehearing  upon  one  or  more  of  the  following  grounds  and 
upon  no  other  grounds: 

(1)  That  the  commission  acted  without  or  in  excess  of  its  powers. 

(2)  That  the  order,  decision  or  award  was  procured  by  fraud. 

(3)  That  the  evidence  does  not  justify  the  findings  of  fact. 

(4)  That  the  applicant  has  discovered  new  evidence  material  to  him, 
which  he  could  not,  with  reasonable  diligence,  have  discovered  and  pro- 
duced at  the  hearing. 

(5)  That  the  findings  of  fact  do  not  support  the  order,  decision  or 
award. 

(b)  Nothing  contained  in  this  section  shall,  however,  be  construed  to 
limit  the  grant  of  continuing  jurisdiction  contained  in  subsection  (d)  of 
section  twenty  of  this  act. 

§  66.  Grounds  for  rehearing  of  order  not  pertaining  to  compensation. 
(a)  At  any  time  within  twenty  days  after  the  service  of  any  final  order, 
decision,  rule  or  regulation,  other  than  an  order  or  award  pertaining  to 
compensation,  any  party  or  parties,  person  or  persons,  aggrieved  thereby 
or  otherwise  affected,  directly  or  indirectly,  may  apply  for  such  rehearing 
upon  one  or  more  of  the  following  grounds  and  upon  no  other  grounds: 

(1)   That  the  commission  acted  without  or  in  excess  of  its  powers. 


Act  2143c,  §  67  general  laws.  1030 

(2)  That  the  order  or  decisioii  was  x^rocured  by  fraud. 

(3)  That  the  order,  decision,  rule  or  regulation  is  unreasonable. 

(b)  Eight  of  commission  to  adopt  new  rules,  etc.  Nothing  contained 
in  this  section  shall  be  construed  to  limit  the  right  of  the  commission, 
at  any  time  and  from  time  to  time,  to  adopt  new  or  different  rules  or 
regulations  or  new  or  different  standards  of  safety,  or  to  abrogate,  change 
or  modify  any  existing  rule,  regulation  or  standard,  or  any  part  thereof, 
or  deprive  the  commission  of  continuing  jurisdiction  over  the  same-,  or 
to  prevent  the  enforcement  in  the  manner  provided  by  this  act,  of  any 
rules,  regulations  or  standards  of  the  commission,"  or  any  part  thereof, 
when  so  adopted,  or  changed,  or  modified. 

§67.  Application  for  writ  of  review,  (a)  Within  thirty  days  after 
the  application  for  a  rehearing  is  denied,  or,  if  the  application  is  granted, 
within  thirty  days  after  the  rendition  of  the  decision  on  the  rehearing, 
any  party  affected  thereby  may  apply  to  the  supreme  court  of  this  state, 
or  to  the  district  court  of  appeal  of  the  appellate  district  in  which  such 
person  resides,  for  a  writ  of  certiorari  or  review,  hereinafter  referred  to 
as  a  writ  of  review,  for  the  purpose  of  having  the  lawfulness  of  the 
original  order,  rule,  regulation,  decision  or  award,  or  the  order,  rule, 
regulation,  decision  or  award  on  rehearing  inquired  into  and  determined. 

(b)  Record  of  commission.  Such  writ  shall  be  made  returnable  not 
later  than  thirty  days  after  the  date  of  the  issuance  thereof,  and  shall 
direct  the  commission  to  certify  its  record  in  the  case  to  the  court.  On 
the  return  day  the  cause  shall  be  heard  in  the  court  unless  for  good 
causp  the  same  be  continued.  No  new  or  additional  evidence  may  be 
introduced  in  such  court,  but  the  cause  shall  be  heard  on  the  record  of 
the  commission  as  certified  to  by  it.  The  review  shall  not  be  extended 
further  than  to  determine  whether: 

(1)  The  commission  acted  without  or  in  excess  of  its  powers. 

(2)  The  order,  decision  or  award  was  procured  by  fraud. 
(.3)   The  order,  decision,  rule  or  regulation  was  unreasonable. 

(4)  If  findings  of  fact  are  made,  such  findings  of  fact  support  the  order, 
decision  or  award  under  review. 

(c)  Judgment  of  court.  The  findings  and  conclusions  of  the  commis- 
sion on  questions  of  fact  shall  be  conclusive  and  final  and  shall  not  be 
.subject  to  review;  such  questions  of  fact  shall  include  ultimate  facts 
and  the  findings  and  conclusions  of  the  commission.  The  commission 
and  each  party  to  the  action  or  proceeding  before  the  commission  shall 
have  the  right  to  appear  in  the  review  proceeding.  Upon  the  hearing 
tlie  court  shall  enter  judgment  either  affirming  or  setting  aside  the  order, 
decision  or  award  or  may  remand  the  case  for  further  proceedings  before 
the  commission. 

(d)  Jurisdiction  of  courts  limited.  The  provisions  of  the  Code  of  Civil 
Procedure  of  tiiis  state  rehiliiig  to  writs  of  review  shall,  so  far  as  appli- 
cable and  not  in  conflict  with  this  act,  apply  to  proceedings  in  the 
courts  under  the  provisions  of  this  section.  No  court  of  this  state,  ex- 
cept the  supreme  court  and  the  district  courts  of  appeal  to  the  extent 
herein  specified,  shall  have  jurisdiction  to  review,  reverse,  correct  or  annul 


1031  MASTER  AND  SERVANT.       Act  214oe,  §§  68,  ()!J 

any  order,  rule,  regulation,  decision  or  award  of  the  commission,  or  to  sus- 
pend or  delay  the  operation  or  execution  thereof,  or  to  restrain,  enjoin  or 
interfere  with  the  commission  in  the  performance  of  its  duties;  provided, 
that  a  writ  of  mandamus  shall  lie  trom  the  supreme  court  or  the  district 
courts  of  appeal  in  all  proper  cases. 

§  68.  Order,  etc.,  suspended  by  application  for  rehearing.  Tlie  filing 
of  an  application  for  a  rehearing  shall  have  the  effect  of  suspending  the 
order,  decision,  award,  rule  or  regulation  affected,  in  so  far  as  the  same 
applies  to  the  parties  to  such  application,  unless  otherwise  ordered  by 
the  commission,  for  a  period  of  ten  days,  and  the  commission  may,  in 
its  discretion  and  upon  such  terms  and  conditions  as  it  may  bj'  order 
direct,  stay,  suspend  or  postpone  the  same  during  the  pendency  of  such 
rehearing. 

(b)  Stay  of  order  by  court.  The  filing  of  an  application  for,  or  the 
pendency  of,  a  writ  of  review,  shall  not  of  itself  stay  or  suspend  the 
operation  of  the  order,  decision,  award,  rule  or  regulation  of  the  com- 
mission subject  to  review,  but  the  court  before  which  such  application 
is  filed  may,  in  its  discretion,  stay  or  suspend  in  whole  or  in  part  the 
operation  of  the  order,  decision,  award,  rule  or  regulation  of  the  com- 
mission subject  to  review,  upon  such  terms  and  conditions  as  it  may 
by  order  direct,  except  as  provided  in  the  following  subsection. 

(c)  Written  undertaking  by  petitioner.  The  operation  of  any  ordfM-  or 
award  entered  by  the  commission  under  the  provisions  of  sections  six  to 
thirty-one,  inclusive,  of  this  act,  or  any  judgment  entered  thereon,  shall 
not  at  any  time  be  stayed  by  the  court  to  which  petition  is  made  for  a  writ 
of  review,  unless  a  written  undertaking  be  executed  on  the  part  of  the 
petitioner  by  two  or  more  sureties,  to  the  effect  that  they  are  bound 
in  double  the  amount  named  in  such  order,  award  or  judgment;  that  if 
the  order,  award  or  judgment  appealed  from,  or  any  part  thereof,  be 
afiirmed,  or  the  proceeding  upon  review  be  dismissed,  the  petitioner  shall 
pay  the  amount  directed  to  be  paid  by  the  order,  award  or  judgment, 
or  the  part  of  such  amount  as  to  which  the  order,  award  or  judgment 
is  affirmed,  if  affirmed  only  in  part,  and  all  damages  and  costs  which 
may  be  awarded  against  the  petitioner;  and  that,  if  the  said  petitioner 
does  not  make  such  payment  within  thirty  days  after  the  filing  with  the 
commission  of  the  remittitur  from  the  reviewing  court,  judgment  may 
be  entered,  on  motion  of  the  adverse  party,  in  his  favor,  and  to  which 
the  said  undertaking  may  be  transferred,  in  any  superior  court  in  which 
a  certified  copy  of  the  order  or  award  may  be  filed  aga\nst  the  sureties 
for  such  amount,  together  with  interest  that  may  be  due  thereon,  and 
the  damages  and  costs  which  may  be  awarded  against  the  said  petitioner. 
The  provisions  of  the  Code  of  Civil  Procedure,  except  in  so  far  as  they 
may  be  inconsistent  with  this  act,  are  applicable  to  said  undertaking. 
Such  undertaking  shall  be  filed  with  the  commission,  and  the  certificate 
of  the  commission,  or  any  proper  officer  thereof,  of  the  filing  and  approval 
of  such  undertaking,  is  sufficient  evidence  of  the  compliance  of  the  peti- 
tioner with  the  provisions  of  this  subsection. 

§69.     Interpretation  by  court,     (a)  Whenever  this  act,   or   any  part 
or  section  thereof,  is  interpreted  by  a  court,  it  shall  be  liberally  construed 


Act  2143c,  §  70  GENEKAL   LAWS.  1032 

by   such  court   with   the   purpose   of   extending   the   benefits   of   the   act 
for  the  protection  of  persons  injured  in  the  course  of  their  employment. 

(b)  Constitutionality.  If  any  section,  subsection,  subdivision,  sen- 
tence, clause  or  phrase  of  this  act  is  for  any  reason  held  to  be  unconstitu- 
tional, such  decision  shall  not  affect  the  validity  of  the  remaining 
portions  of  this  act.  The  legislature  hereb}-  declares  that  it  would  have 
passed  this  act,  and  each  section,  subsection,  subdivision,  sentence,  clause 
or  phrase  thereof,  irrespective  of  the  fact  that  any  one  or  more  sections, 
subsections,  subdi\isions,  sentences,  clauses  or  phrases  is  declared  un- 
constitutional. 

(c)  Employers  engaged  in  interstate  commerce.  This  act  shall  not 
be  construed  to  apply  to  employers  or  employments  which,  according  to 
law,  are  so  engaged  in  interstate  commerce  as  not  to  be  subject  to  the 
legislative  power  of  the  state,  or  to  employees  injured  while  they  are  so 
engaged,  except  in  so  far  as  this  act  may  be  permitted  to  apply  under 
the  provisions  of  the  constitution  of  the  United  States  or  the  acts  of 
congress. 

§  70.  Other  employers  may  come  under  provisions  of  act.  (a)  Any 
employer,  having  in  his  employment  any  employee  not  included  with  the 
term  "employee"  as  defined  by  section  eight  of  this  act  or  not  entitled 
to  compensation  under  this  act,  and  any  such  employee,  may,  by  their 
joint  election,  elect  to  come  under  the  compensation  provisions  of  this 
act  in  the  manner  hereinafter  provided. 

(b)  Other  employers  may  come  under  provisions  of  act.  Such  election 
on  the  part  of  the  employer  shall  be  made  by  filing  with  the  commission 
a  written  statement  to  the  effect  that  he  accepts  the  compensation  pro- 
visions of  this  act,  which,  when  filed,  shall  operate,  within  the  meaning 
of  section  six  of  this  act,  to  subject  Mm  to  the  compensation  provisions 
thereof,  and  of  all  acts  amendatory  thereof,  for  the  term  of  one  year 
from  the  date  of  filing,  and  thereafter  without  further  act  on  his  part, 
for  successive  terms  of  one  year  each,  unless  such  employer  shall,  at 
least  sixty  days  prior  to  the  expiration  of  such  first  or  succeeding  year, 
file  in  the  office  of  the  commission  a  notice  in  writing  that  he  withdraws 
his  election.  Such  acceptance  shall  be  held  to  include  employees  whose 
employment  is  both  casual  and  not  in  the  course  of  the  trade,  business, 
profession  or  occupation  of  the  employer,  unless  expressly  excluded  there- 
from. In  case  any  employer  is  insured  against  liability  for  compensa- 
tion under  this  act,  he  shall  bo  deemed  to  have  so  elected  during  the 
|)eriod  that  siicli  policy  shall  remain  in  force,  without  filing  such  written 
notice  with  the  commission,  as  to  all  classes  of  employees  covered  by 
such  policy  of  insurance,  anything  in  this  act  to  the  contrary  notwith- 
standing. 

(c)  Other  employers  subject  to  compensation  privileges  when.  Any 
employee  in  the  service  of  any  employer  who  has  made  an  election  in 
fithor  of  the  modes  above  prescribed,  shall  be  deemed  to  have  accepted, 
;ind  shall,  within  the  meaning  of  section  six  of  this  act,  be  subject  to 
the  comf)onsatinn  provisions  of  this  act,  and  of  any  act  amendatory 
thereof,   if,  at   tlu'   time   ot   the    injury   for    wliicli    liability   is   claim(<d: 


1033  MASTER  AND  SERVANT.        Adt  214;i(',  §§  71,  72 

(1)  The  employer  charged  vvitli  such  liability  is  subject  to  the  com- 
pensation provisions  of  this  act,  wliether  the  employee  has  actual  notice 
thereof  or  not;  and 

(2)  Such  employee  shall  not,  at  the  time  of  entering  into  the  employ- 
ment, have  given  to  his  employer  notice  in  writing  that  he  elects  not  to 
be  subject  to  the  compensation  provisions  of  this  act;  or,  in  the  event 
that  such  employment  was  entered  into  in  advance  of  the  election  by 
the  employer,  such  employee  shall  have  given  to  his  employer  notice  in 
wri'ting  that  he  elects  to  be  subject  to  such  provisions,  or  without  giving 
either  of  such  notices,  shall  have  remained  in  the  service  of  such  em- 
ployer for  five  days  after  the  employer  has  filed  his  election,  in  which 
case  the  time  at  which  the  employee  becomes  subject  to  said  compensa- 
tion provisions  shall  be  deemed  to  be  at  the  beginning  of  said  period. 

(d)  State  employments.  The  state,  and  all  political  or  other  subdivi- 
sions thereof,  as  defined  in  section  seven,  and  all  state  institutions,  shall 
be  conclusively  presumed  to  have  elected  to  come  within  the  provisions 
of  this  act  as  to  all  employments  otherwise  excluded  from  this  act. 

(e)  Acceptance  of  act  of  1913  continued.  All  written  acceptances  filed 
by  employers  with  the  commission  prior  to  the  taking  effect  of  this  act, 
accepting  the  provisions  of  the  workmen's  compensation,  insurance  and 
safety  act,  chapter  one  hundred  seventy-six.  Statutes  of  1913,  and  all  acts 
amendatory  thereof,  shall,  unless  written  notice  be  given  to  the  contrary 
by  said  emploj-er  within  sixty  days  after  the  taking  effect  of  this  act, 
be  deemed  acceptances  of  the  provisions  of  this  act,  and  all  acts  amenda- 
tory thereof,  in  accordance  with  the  provisions  of  this  section. 

§  71.  Repealed.  Continued.  Sections  two,  twelve,  thirteen,  fourteen, 
fifteen,  sixteen,  seventeen,  eighteen,  nineteen,  twenty,  twenty-one, 
twenty-two,  twenty-three,  twenty-four,  twenty-five,  twenty-six,  twenty- 
seven,  twenty-eight,  twenty-nine,  thirty,  thirty-one,  thirty-two,  thirty- 
three,  thirty-four,  thirty-five,  fifty-one,  fifty-two,  fifty-three,  fifty-four, 
fifty-five,  fifty-six,  fifty-seven,  fifty-eight,  fifty-nine,  sixty,  sixty-one, 
sixty-two,  sixty-three,  sixty-four,  sixty-fiv«,  sixty-six,  sixty-seven,  sixty- 
eight,  sixty-nine,  seventy,  seventy-one,  seventy-two,  seventy-three, 
seventy-four,  seventy-five,  seventy-five  a,  seventy-six,  seventy-seven, 
seventy-eight,  seventy-nine,  eighty,  eighty-one,  eighty-two,  eighty-three, 
eighty-four,  eighty-five,  eighty-six  and  eighty-seven  of  chapter  one  hun- 
dred seventy-six.  Statutes  of  1913,  and  all  other  acts  and  parts  of  acts 
inconsistent  herewith,  are  hereby  repealed;  provided,  that  nothing  con- 
tained in  this  act  shall  be  construed  as  limiting  or  repealing  sections  one, 
three,  four,  five,  six,  seven,  eight,  nine,  ten,  eleven,  thirty-six,  thirty- 
seven,  thirty-eight,  thirty-nine,  forty,  forty-one  forty-two,  forty-three, 
forty-four,  forty-five,  forty-six,  forty-seven,  forty-eight,  forty-nine,  fifty, 
eighty-eight  and  ninety  of  the  said  chapter  one  hundred  seventy-six.  Stat- 
utes of  1913. 

§  72.  Proceedings,  etc.,  under  act  of  1913  not  disturbed.  Nothing  con- 
tained in  this  act  shall  bo  construed  to  limit,  interfere  with,  disturb,  or 
render  ineffective  in  an}-  degree,  any  matter,  proceeding  or  trans.-iction 
pending,  done  or  performed  under  the  provisions  of  chapter  one  hundred 
seventy-six,   Statutes   of    1913.   ami    all   acts   amendatory   thereof,   or   sup- 


Act  2143d,  §§  1,  2  GENERAL,   LAWS.  1034 

plementary  thereto,  by  the  industrial  accident  commission,  or  any  depart- 
ment or  division  thereof,  or  to  alfect  any  right  or  liability  accrued  or 
accruing  or  to  accrue  under  said  acts,  but  each  and  every  part  thereof 
are  hereby  expressly  saved  and  continued  under  the  jurisdiction  of  said 
industrial  accident  commission,  with  full  power,  authority  and  jurisdic- 
tion, and  with  the  right  and  duty  in  said  industrial  accident  commission 
to  fully  administer  and  dispose  of  the  same. 

§  73.  Injuries  sustained  prior  to  passage  of  act.  The  compensation 
provisions  of  this  act,  except  procedural  provisions,  shall  not  apply  to 
any  injury  sustained  prior  to  the  taking  eifect  hereof. 

§74.  In  effect,  when.  This  act  shall  take  effect  on  the  first  day  of 
January,  1918. 

ACT  2143d. 

An  act  to  prohibit  employers  or  certain  agents  or  representatives  of  em- 
ployers from  demanding  or  receiving  any  money  or  other  considera- 
tion from  an  employee  as  a  condition  of  employment  or  of  continuing 
to  perform  services  in  such  employment;  and  to  provide  for  the  en- 
forcement of  this  act  by  the  commissioner  of  the  bureau  of  labor 
statistics;  and  to  provide  a  penalty  for  the  violation  thereof;  and  to 
repeal  an  act  entitled  "An  act  to  forbid  managers,  superintendents, 
foremen  and  other  persons  having  authority  from  their  respective 
employers  to  hire,  employ,  or  direct  the  services  of  other  persons  in 
such  employments,  to  demand  or  receive  any  fee,  gift  or  other  re- 
muneration in  consideration  of  any  such  hiring,  employment  or  per- 
mission to  continue  to  perform  work  or  services  in  such  employment; 
and  to  provide  for  the  enforcement  of  this  act  by  the  commissioner 
of  the  bureau  of  labor  statistics,"  approved  April  12,  191.5. 

[Approved  May  .",   1917.     Stats.  1917,  p.  2.57.     In  effect  .July  27.   1917.] 

§  1.  Employer  receiving  gifts  or  part  of  tips  from  employees  guilty  of 
misdemeanor.  Any  em])loyer  or  agent  or  r('presentati\'e  of  an  employer 
or  other  person  having  authority  from  his  employer  to  hire,  employ  or 
direct  the  services  of  other  persons  in  the  employment  of  said  employer, 
who  shall  demand  or  receive  directly  or  indirectly  from  any  person  then 
in  the  employment  of  said  employer,  any  fee,  gift  or  other  remuneration  or 
other  consideration,  or  any  part  or  portion  of  any  tips  or  gratuities  received 
by  such  employee  while  in  the  employment  of  said  em[)Ioyer,  in  consid- 
eration or  as  a  condition  of  such  employment  or  hiring  or  employing  any 
person  to  perform  such  services  for  such  employer  or  of  jjermittiiig  said 
person  to  continue  in  such  employment,  is  gnilty  of  a  misdemeanor  and 
upon  conviction  thereof  shall  be  fined  not  more  than  three  hundred  ($300) 
dollars  for  sucli  f)llciisc,  or  by  iiiiiirisoiiment  for  not  more  tlian  six  moiitlis 
or  by  l)otli  fine  ami  iiii iirisdiimcnt .  All  fines  imposed  or  collected  under 
provision  of  this  act  shiill  lie  paid  into  the  state  treasury  and  cr(Mlited 
to  the  contingent  fund  of  llic  hiircaii  of  labor  statistics. 

§2.  Employment  agencies  excepted.  ^Tothing  contained  in  this  act 
shall  be  construed  to  apply  tii  (Mii|iloy mumiI  agencies  or  employnieni  agents 
licensed  and  operating  nnd<r  the  lans  nf  tiie  state  of  f'alifornin. 


1035  MASTER  AND   SERVANT.  Act  2143e,  §§  1-3 

§3.  Enforcement.  This  act  shall  be  enforced  by  the  commissioner  of 
the  bureau  of  labor  statistics. 

§  4.  Stats.  1915,  p.  61,  repealed.  An  act  entitled  "An  act  to  forbid 
managers,  superintendents,  foremen  and  other  persons  having  authority 
from  their  respective  employers  to  hire,  employ,  or  direct  the  services  of 
other  persons  in  such  employments  to  demand  or  receive  any  fee,  gift,  or 
other  remuneration  in  consideration  of  any  such  hiring,  employment  or 
permission  to  continue  to  perform  work  or  services  in  such  employment; 
and  to  provide  for  the  enforcement  of  this  act  by  the  commissioner  of 
the  bureau  of  labor  statistics,"  ai>proved  April  12,  1915,  and  designated 
chapter  fifty-six  of  the  Statutes  of  1915,  is  hereby  repealed. 

ACT  2143e. 

An  act  establishing  and  defining  the  jurisdiction  of  the  industrial  acci- 
dent commission  of  the  state  of  California  and  of  the  railroad  com- 
mission of  the  state  of  California  over  the  safety  of  employees  of 
public  utilities. 

[Approved  May  9,  1917.     Stats.  1917,  p.  296.    In  effect  July  27,  1917.] 

§  1.  Jurisdiction  of  industrial  accident  commission  over  safety  of  em- 
ployees of  public  utilities.  The  industrial  accident  commission  of  the 
state  of  California  is  hereby  vested  with  jurisdiction,  as  provided  in  the 
workmen's  compensation,  insurance  and  safety  act  of  one  thousand  nine 
hundred  seventeen,  and  acts  amendatory  thereof,  subject  to  the  provi- 
sions of  section  three  hereof,  over  the  safety  of  employees  of  steam  rail- 
roads employed  in  shops  devoted  to  the  construction  or  repair  of  railroad 
equipment;  the  safety  of  employees  of  electric  interurban  or  street  rail- 
roads, employed  in  the  generation,  transmission  or  distribution  of  electric 
energy,  or  in  shops  devoted  to  the  repair  of  railroad  equipment,  or  in. 
any  nonpublic  utility  operation  of  such  railroads;  and  the  safety  of  em- 
ployees of  all  other  public  utilities  as  such  utilities  are  defined  in  the 
public  utilities  act. 

§  2.  Jurisdiction  of  railroad  commission  not  affected.  The  jurisdic- 
tion vested  in  the  industrial  accident  commission  of  the  state  of  Cali- 
fornia bjr  section  one  hereof  shall  in  no  instance,  except  those  affecting 
exclusively  the  safety  of  employees,  be  construed  to  impair,  diminish  or 
in  any  way  affect  the  jurisdiction  of  the  railroad  commission  of  the  state 
of  California  over  the  construction,  reconstruction,  replacement,  mainte- 
nance or  operation  of  the  properties  of  public  utilities  as  defined  in  the 
public  utilities  act,  or  over  any  matter  affecting  the  relationship  between 
such  public  utilities  and  their  customers  or  the  general  public. 

§  3.  Power  of  railroad  commission.  If  the  industrial  accident  com- 
mission, in  the  exercise  of  the  authority  and  jurisdiction  conferred  by 
this  act,  makes  or  issues  any  order,  decision,  ruling  or  direction,  which, 
in  the  judgment  of  the  railroad  commission,  unduly  and  prejudicially  in- 
terferes with  the  construction  or  operation  of  any  public  utility  affected 
thereby,  or  with  the  public,  or  with  a  consumer  or  other  patron  of  a  pub- 
lic utility  affected  thereby,  the  railroad  commission,  of  its  own  motion, 
or  upon   application  of  any   utility   or  person   so  affected,  may  suspend. 


Act  2143f,  §§  1,  2  GENERAL   LAWS.  1036 

modify,  alter,  or  annul  such  order,  decision,  ruling  or  direction  of  the 
industrial  accident  commission,  and  the  action  of  the  railroad  commis- 
sion in  that  regard  shall  supersede  and  control  the  order,  decision,  ruling 
or  direction  of  the  industrial  accident  commission  previously  made  in 
the  premises. 

§  4.  Act  of  April  22,  1911,  unaffected.  This  act  shall  not  be  construed 
to  repeal  or  modify  the  act  entitled  "An  act  regulating  the  placing,  erec- 
tion, use  and  maintenance  of  electric  poles,  wires,  cables  and  appliances, 
and  providing  the  punishment  for  the  violation  thereof,"  approved  April 
22,.  1911,  as  amended. 

ACT  2143f. 

An  act  to  provide  for  the  protection  of  beneficiaries  of  workmen's  com- 
pensation insurance  policies  against  the  default  or  insolvency  of  in- 
surance carriers  issuing  such  policies  by  requiring  such  carriers  to 
provide  security  for  the  payment  of  such  compensation. 

[Approved  May  9,  1917.     Stats.  1917,  p.  292.     In  effect  July  27,  1917. J 

§  1.  Workmen's  compensation  insurance  carrier  to  file  bond.  Every 
insurance  carrier,  except  the  state  compensation  insurance  fund,  trans- 
acting the  business  of  workmen's  compensation  insurance  in  this  state, 
shall  on  the  first  day  of  October,  A.  D.  1917,  file  in  the  office  of  the  in- 
surance commissioner  of  this  state  a  bond  in  favor  of  said  insurance  com- 
missioner as  trustee  for  the  beneficiaries  of  awards  of  compensation  ren- 
dered by  the  industrial  accident  commission,  executed  by  said  carrier 
and  some  surety  company  or  companies  approved  by  said  insurance  com- 
missioner and  authorized  to  transact  the  business  of  suretyship  in  this 
state.  Said  bond  shall  be  in  an  amount  not  less  than  the  reserve  for  out- 
standing losses  of  said  insurance  carrier  on  compensation  insurance  in 
this  state  on  December  31,  A.  D.  1916,  calculated  as  prescribed  by  the 
laws  of  tills  state,  nor  for  more  than  double  the  amount  of  said  reserve, 
but  in  no  case  for  less  than  the  sum  of  one  hundred  thousand  dollars. 

§  2.  Bond  to  provide  for  payment  of  awards  by  surety.  It  shall  be 
provided  in  said  bond  tiiat,  in  tlie  event  said  insurance  carrier  shall  fail 
to  pay  any  award  or  awards  which  shall  be  rendered  against  it  by  said 
industrial  accident  commission,  within  thirty  days  after  the  same  become 
final,  the  said  surety  will  forthwith  pay,  to  the  e-xtent  of  its  liability 
under  said  bond,  said  award  or  awards  to  said  insurance  commissioner 
as  trustee  for  said  beneficiaries.  Said  bond  shall  further  provide  that, 
if  said  insurance  carrier  shall  suspend  payment  or  become  insolvent  or 
a  receiver  shall  be  appointed  therefor,  the  said  surety  will  pay  said 
awards,  to  the  extent  of  its  liability  under  said  bond,  upon  the  expira- 
tion of  thirty  days  after  the  same  become  final,  without  regard  to  any 
proceedings  for  the  liquidation  or  reinstatement  of  said  insurance  car- 
rier. It  shall  be  further  provided  in  said  bond,  but  as  a  cumulative  rem- 
edy only,  that,  in  the  event  said  insurance  carrier  shall  fail  to  pay  any 
award  which  shall  be  rendered  against  it  by  said  iiidustrial  accident  com- 
mission within  thirty  days  after  the  same  becomes  final,  an  award  may 
])e  rendered  by  said  commission  against  said  surety  and  in  favor  of  said 
insurance  commissiouer  as  trustee  for  the  beneficiary  of  said  award  with- 


1037  MASTER  AND   SERVANT.  Act  2143f,  §§  3-5 

out  notice  to  said  surety  for  tlie  amount  of  the  unpaid  portion  of  said 
award  against  said  carrier.  Said  industrial  accident  commission  is 
hereby  vested  with  the  same  full  pojjver,  authority  and  jurisdiction  as  to 
«uch  awards  against  said  sureties  in  such  cases  as  it  has  over  said  insur- 
ance carrier,  and  it  shall  issue  a  certified  copy  thereof  upon  the  appli- 
cation of  any  party  affected  thereby.  Said  party  may  file  a  certified 
copy  of  any  such  award  in  the  office  of  the  clerk  of  the  superior  court 
of  any  county  or  city  and  county  of  the  state  of  California,  and,  upon 
the  filing  of  the  same,  said  clerk  shall  immediately  enter  a  judgment 
thereon  against  said  surety.  Said  certified  copy  of  said  award  and  said 
judgment  shall  constitute  the  judgment-roll  and  shall  conclusively  estab- 
lish the  liability  of  said  surety  without  any  additional  evidence  in  any 
and  all  proceedings  to  renew  said  judgment  or  to  enforce  the  payment 
thereof.  Said  bond  shall  provide  for  the  payment  of  all  legal  costs,  in- 
cluding reasonable  attorneys'  fees,  incurred  in  all  actions  or  proceedings 
taken  to  enforce  payment  of  said  bonds  or  payment  of  said  awards  or 
said  judgments  against  said  surety.  No  stay  of  execution  of  any  such 
judgment  shall  be  granted  except  upon  the  order  of  said  industrial  acci- 
dent commission.  Nothing  herein  contained  shall  operate  to  enlarge  the 
liability  of  said  surety  beyond  the  penal  sum  of  its  bond.  Payment  of 
awards  by  said  surety  aggregating  the  amount  of  its  bond  shall  consti- 
tute a  full  discharge  of  all  liability  under  said  bond. 

§  3.  Filing  of  new  bond  each  year.  Every  such  insurance  carrier  shall 
on  or  prior  to  the  first  day  of  July  of  the  year  A.  D.  1918,  and  of  each 
succeeding  year,  file  in  the  ofiice  of  the  insurance  commissioner  of  this 
state  a  new  bond  conditioned  as  aforesaid  in  an  amount  not  less  than 
the  amount  of  the  reserve  for  outstanding  losses  of  said  insurance  car- 
rier on  compensation  insurance  in  this  state  on  the  thirty-first  day  of  the 
month  of  December  of  the  preceding  year,  as  shown  by  its  last  report  of 
said  business  filed  in  the  office  of  said  insurance  commissioner,  nor  for 
more  than  double  the  amount  of  said  reserve,  but  in  no  case  for  less 
than  the  sum  of  one  hundred  thousand  dollars,  except  where  said  insur- 
ance carrier  has  ceased  to  do  such  business  in  this  state,  in  which  case 
said  bond  shall  be  fixed  by  said  insurance  commissioner  at  such  amount 
as  he  may  deem  sufficient  for  the  protection  of  the  beneficiaries  of  the 
policies  of  such  insurance  carrier.  Upon  the  filing  of  said  new  bond, 
approved  as  herein  required,  and  not  until  such  filing  and  approval,  all 
liability  under  the  previous  bond  shall  thereby  terminate.  Said  new 
bond  shall  embrace  the  entire  liability  of  said  previous  bond  except  in 
so  far  as  the  same  may  have  been  paid  or  discharged. 

§  4.  Financial  ability  of  surety.  Said  insurance  commissioner  shall, 
before  approving  any  such  bond,  satisfy  himself  of  the  financial  ability 
of  the  surety  to  assume  the  obligations  imposed  thereby,  and  no  com- 
pany shall  be  accepted  by  him  as  surety  which  shall  have  assumed  obli- 
gations in  excess  of  the  limits  prescribed  by  standards  of  suretyship 
recognized  as  reasonable  and  proper  and  which  it  shall  be  the  duty  of 
said  commissioner  to  promulgate  for  uniform  application  in  such  cases. 

§5.  No  authorization  issued  until  bond  filed.  No  authorization  shall 
be  issued  or  renewed  to  any  insurance  carrier  to  transact  the  business  of 


Aet2143f,  §§  6-10  general  laws.  1038 

workmen's  compensation  iusuiance  in  this  state,  until  it  has  filed  said 
bond  with  the  insurance  commissioner  and  the  same  has  been  approved 
by  him.  It  shall  be  the  duty  ol  the  insurance  commissioner  to  notify  the 
industrial,  accident  commission  of  the  approval  and  filing  of  every  bond 
given  pursuant  to  the  provisions  of  this  act. 

§  6.  Additional  bond.  The  insurance  commissioner  shall  have  the 
right,  and  it  shall  be  his  dut}',  to  require  any  such  insurance  carrier  at 
any  time  to  file  an  additional  bond,  conditioned  as  aforesaid,  if  the 
amount  of  the  bond  then  on  file  is  in  his  judgment  insufficient  to  cover 
the  liability  of  said  insurance  carrier  for  said  compensation,  or  if  the 
surety  on  said  bond  has  become  insufficient  in  the  judgment  of  the  said 
commissioner. 

§  7.  Liability  of  two  or  more  sureties.  Two  or  more  surety  companies 
may  be  accepted  as  sureties  on  said  bond,  or  separate  bonds  may  be  exe- 
cuted by  different  sureties  for  amounts  aggregating  the  sum  specified  by 
the  said  commissioner.  In  such  cases  each  of  said  sureties  shall  be 
jointly  and  severalh-  liable  to  the  extent  of  the  amount  of  the  liability 
assumed  by  it. 

§  8.  Liability  of  sureties.  The  liability  of  the  sureties  under  the 
bonds  hereby  required  to  be  given  shall  be  the  entire  liability  of  the 
principals  named  therein,  not  exceeding  the  amount  of  said  bonds  or  the 
limit  of  the  liability  assumed  by  any  such  surety,  for  the  payment  of 
awards  of  compensation  rendered  or  to  be  rendered  against  said  prin- 
cipals by  said  industrial  accident  commission  under  the  terms  of  the 
workmen's  compensation  insurance  and  safety  act  and  acts  amendatory 
thereof  and  supplementary  thereto,  without  regard  to  the  time  when  the 
injury  upon  which  an  award  was  based  may  have  occurred,  but  said  bond 
shall  not  include  any  other  liability  of  said  carrier  nor  shall  any  payment 
made  under  any  such  bond  by  said  surety  be  applied  otherwise  than  in 
satisfaction  of  awards  of  compensation  rendered  by  said  industrial  acci- 
dent commission. 

§  9.  Insurance  commissioner  may  act  as  trustee.  Full  power  and  au- 
thority is  hereby  conferred  upon  said  insurance  commissioner  to  act  as 
trustee  for  all  beneficiaries  under  awards  rendered  by  said  industrial 
accident  commission,  and  he  may  take  assignments  in  his  own  name  as 
trustee  and  as  such  he  shall  have  the  authority  to  institute  and  maintain 
actions  against  said  sureties,  and,  upon  the  collection  by  him  by  suit  or 
otherwise  of  the  anu)unt  of  said  awards,  he  shall  pay  the  same  to  the 
parties  entitled  thereto.  The  payment  of  any  such  award  or  part  thereof 
by  said  insurance  commissioner  shall  constitute  a  satisfaction  thereof 
to  the  extent  of  the  payment  made  and,  in  the  event  any  judgment  shall 
have  been  entered  on  any  such  award,  the  said  commissioner  shall  file  a 
satisfaction  thereof,  to  the  extent  of  said  payment,  in  the  office  of  the 
clerk  of  the  court  wherein  such  judgment  has  been  entered. 

§  10.  Right  of  surety  to  require  new  bond  of  principal.  Any  such 
surety  shall  have  tiie  right  to  require  the  princii)al  on  its  bond,  on  thirty 
days'  notice,  to  furnish  a  new  bond,  to  be  approved  by  the  insurance 
commissioner  as  in  other  cases,  and,  in  the  event  of  a  failure  to  do  so, 


1039  MASTER  AND  SERVANT.  Act  2144a 

said  principal   shall  forfeit  the   right   to  continue  to  issue   compensation 
policies  in  this  state. 

§  11.  Deposit  of  security  with  state  treasurer.  Any  compensation  in- 
surance carrier  may,  in  lieu  of  said  bond  and  subject  to  the  same  condi- 
tions, deposit  with  the  state  treasurer,  through  the  insurance  commis- 
sioner, fVom  time  to  time  as  may  be  demanded  by  said  commissioner, 
cash  or  approved  interest-bearing  securities  readily  convertible  into  cash, 
equal  to  the  reserves  for  outstanding  losses  required  by  section  six  hun- 
dred two  (a)  of  the  Political  Code  at  the  time  of  said  deposit,  on  the 
compensation  business  of  said  carrier  in  the  state  of  California,  calcu- 
lated as  hereinbefore  provided,  as  security  for  the  payment  of  its  obli- 
gations on  said  business  done  in  this  state,  and  said  deposit  shall  not 
be  withdrawn  except  upon  the  written  order  of  the  insurance  com- 
missioner in  payment  of  compensation  claims,  but  shall  be  forthwith 
payable  by  the  state  treasurer  to  the  insurance  commissioner  upon  such 
order;  provided,  that  any  such  deposit,  or  any  remainder  thereof,  may 
be  repaid  to  such  carrier  upon  satisfactory  showing  to  the  insurance 
commissioner  that  every  liability  to  pay  compensation  shall  have  been 
reinsured  with  a  solvent  carrier  or  fully  paid  and  discharged.  Said 
deposit  shall  be  used  only  for  the  payment  of  compensation  claims  so 
long  as  there  shall  remain  unpaid  any  such  claim  or  any  part  thereof. 

§  12.  Kevocation  of  certificate.  The  insurance  commissioner  shall 
have  power  to  revoke  the  certificate  of  authority  to  transact  compensa- 
tion insurance  business  in  this  state  of  any  insurance  carrier  failing  to 
comply  with  the  requirements  of  this  act. 

ACT  2144a. 

An  act  to  promote  the  general  welfare  of  the  people  of  this  state  as 
affected  by  accident  causing  the  injury  or  death  of  employees  in 
the  course  of  their  employment,  by  creating  a  liability  on  the  part 
of  employers  to  compensate  such  employees  and  their  dependents 
for  such  accidental  injury  or  death  irrespective  of  the  fault  of 
either  party,  and  providing  the  means  and  methods  of  enforcing 
such  liability;  and  creating  a  "state  compensation  insurance  fund"  to 
insure  employers  against  such  liability  and  providing  for  its  ad- 
ministration and  regulating  such  insurance  by  other  insurance 
carriers;  and  requiring  safety  in  all  employments  and  places  of 
employment  in  this  state  and  providing  the  means  and  methods  of 
enforcing  such  safety;  and  requiring  re^jorts  of  industrial  accidents; 
and  providing  penalties  for  offenses  by  employers,  their  officers, 
agents,  and  by  employees  and  other  persons  and  corporations;  and 
creating  an  industrial  accident  commission,  providing  for  its  organ- 
ization, defining  its  powers  and  duties  and  providing  for  a  review 
of  its  orders,  decisions  and  awards;  and  appropriating  moneys  to 
carry  out  the  provisions  of  this  act;  and  repealing  all  acts  and  parts 
of  acts  inconsistent  with  the  provisions  of  this  act. 

[Approved  May  26,   1913.     Stats.   1913,   p.   279.] 
Amended  1915,  pp.  913,  1079,  1302. 

Sections  2,  12-35,  51-87  repealed  May  23,  1917;  Stats.  1917,  p.  831. 
See  Act  2143c. 


Acts  2144g,  2164  general  laws.  1040 

ACT  2144g. 

An  act  requiring  employers  who  provide  hospital  service  for  their  em- 
ployees and  who  make  a  charge  therefor,  to  keep  books,  records 
and  accounts  of  all  such  charges,  and  to  make  an  annual  written  re- 
port thereof;  requiring  each  such  charge  to  be  just  and  reasonable 
and  to  be  devoted  to  no  other  purpose  than  such  hospital  service; 
and  prescribing  penalties  for  violations  of  the  provisions  thereof. 

[Approved   June   8,   1915.     Stats.    1915,   p.    1310.] 
Amended  1917;  Stats.  1917,  p.  83. 
The  amendment  of  1917  follows: 

§  3.  Hospital  charges  must  be  just.  Every  such  hospital  charge  de- 
manded, collected  or  received  by  an  employer  shall  be  just  and  reason- 
able. The  railroad  commission  is  hereby  given  authority  to  decide  what 
is  an  unreasonable  charge  in  all  cases  where  such  charge  is  made  by  a 
hospital  maintained  by  a  common  carrier  by  rail,  and  in  all  cases  where 
the  charge  is  made  by  a  hospital  maintained  by  other  than  a  common 
carrier  by  rail,  the  industrial  accident  commission  is  hereby  given  author- 
ity to  decide  what  is  an  unreasonable  charge.  [Amendment  approved 
April  6,  1917;   Stats.  1917,  p.  83.] 

§  5.  Common  carrier  subject  to  railroad  commission.  Other  employers 
under  industrial  accident  commission.  Every  common  carrier  by  rail 
employer  who  is  under  a  duty  to  render  the  report  referred  to  in  section 
two  of  this  act  shall  be  subject  to  the  jurisdiction,  control  and  regula- 
tion of  the  railroad  commission  in  respect  to  auditing  and  inspection  of 
all  books,  records  and  accounts  and  to  enforce  its  orders  in  the  same 
manner  and  to  the  same  extent  as  said  commission  now  possesses  over 
any  public  utility  that  is  subject  to  the  provisions  of  the  "public  utilities 
acts"  of  this  state,  approved  December  23,  1911,  as  amended  June  11, 
1913,  and  June  14,  1913,  and  all  acts  amendatory  thereof  or  supplemental 
thereto.  Every  employer  coming  under  the  provisions  of  this  act  shall 
be  required  to  post  a  copy  of  this  statement  or  report  upon  all  bulletin- 
boards  at  terminals  or  in  a  conspicuous  place  where  employees  can  read 
such  statement  or  report.  Every  employer  other  than  a  common  carrier 
]>y  rail,  who  is  under  a  duty  to  render  the  report  referred  to  in  sec- 
tion two  of  this  act,  shall  be  subject  to  the  jurisdiction,  control  and 
regulation  of  the  industrial  accident  commission  in  respect  to  the  audit- 
ing and  inspe<;tiou  of  all  books,  records  and  accounts  and  the  authority 
is  hereby  conferred  upon  said  industrial  accident  commission  to  enforce 
l)y  appropriate  orders  and  processes  the  provisions  of  this  act.  The 
written  report  required  by  section  two  hereof  when  made  by  a  common 
carrier  by  rail  shall  be  filed  with  the  railroad  commission.  All  other 
writ  ten  if|)orts  required  by  sci-tion  two  hereof  shall  be  filed  with  the 
industrial  accident  commission.  |Ani(>ndnuMit  apjirovod  Ai)ril  (i,  1917; 
Stats.   1917,   p.  83.] 

TITLE  336. 
MEDIf^FNE. 
ACT  2164. 

An  act  to  regulate  the  examinati.un  of  aiiidicunts  for  license,  and  the 
[(lactice    of   those    licensed,   to    treat   diseases,    injuries,   deformities, 


1041  MEDICINE.  Act  2164,  §  2 

or  other  physical  or  mental  conditions  of  human  beings;  to  establish 
a  board  of  medical  examiners,  to  provide  for  their  appointment  and 
prescribe  their  powers  and  duties,  and  to  repeal  an  act  entitled  "An 
act  for  the  regulation  of  the  practice  of  medicine  and  surgery, 
osteopath}',  and  other  systems  or  modes  of  treating  the  sick  or 
afflicted,  in  the  state  of  California,  and  for  the  appointment  of  a 
board  of  metlical  examiners  in  the  matter  of  said  regulations,"  ap- 
proved March  14,  1907,  and  acts  amendatory  thereof,  and  also  to 
repeal  all  other  acts  and  parts  of  acts  in  conflict  with  this  act. 

[Approved  June  2,  1913.     Stats.  1913,  p.  722.] 
Amended  1915,  p.  184;  1917,  p.  93. 
The  amendment  of  1917  follows: 

§  2.  Board  of  medical  examiners  organized.  Meetings.  Applications 
for  certificates.  Directory  of  practitioners.  Fees.  Forfeiture  of  license 
and  restoration.  Surplus  receipts.  The  board  shall  be  organized  on  or 
before  the  first  Tuesday  of  September,  1913,  by  electing  from  its  number 
a  president,  vice-president,  and  a  secretary  who  shall  also  be  the  treas- 
urer, who  shall  hold  their  respective  positions  during  the  pleasure  of  the 
board.  The  board  shall  hold  one  meeting  annually  beginning  on  the 
third  Monday  in  October  in  the  city  of  Sacramento  and  at  least  two 
additional  meetings  annually,  one  of  which  shall  be  held  in  the  city  of 
Los  Angeles,  and  the  other  in  the  city  of  San  Francisco,  with  poWer  of 
adjournment  from  time  to  time  until  its  business  is  concluded;  provided, 
however,  that  examinations  of  applications  for  certificates  may,  in  the 
discretion  of  the  board,  be  conducted  in  any  part  of  the  state  designated 
by  the  board.  Special  meetings  of  the  board  may  be  held  at  such  time 
and  place  as  the  board  may  designate.  Notice  of  each  regular  or  special 
meeting  shall  be  given  twice  a  week  for  two  weeks  next  preceding  each 
meeting  in  one  daily  paper  published  in  the  city  of  San  Francisco,  one 
published  in  the  city  of  Sacramento,  and  one  published  in  the  city  of 
Los  Angeles,  which  notice  shall  also  specify  the  time  and  place  of  holding 
the  examination  of  applicants.  The  secretary  of  the  board  upon  an 
authorization  from  the  president  of  the  board  or  the  chairman  of  a  com- 
mittee, may  call  meetings  of  any  duly  appointed  committee  of  the  board 
at  a  specified  time  and  place  and  it  shall  not  be  necessary  to  advertise 
such  committee  meetings.  The  board  shall  receive  through  its  secretary 
applications  for  certificates  provided  to  be  issued  under  this  act  and 
shall,  on  or  before  the  first  day  of  January  of  each  year,  transmit  to  the 
governor  a  full  report  of  all  its  proceedings  together  with  a  report  of 
its  receipts  and  disbursements.  The  board  shall,  on  or  before  the  first 
day  of  January  of  each  year,  compile  and  may  thereafter  publish  and 
sell,  a  complete 'directory  giving  the  addresses  of  all  persons  wdthin  the 
state  of  California  who  hold  unrevoked  licenses  to  practice  under  any 
medical  practice  act  of  the  state  of  California,  which  license  shall  in 
any  manner  authorize  the  treatment  of  human  beings  for  diseases,  in- 
juries, deformities,  or  any  other  physical  or  mental  conditions.  The 
board  is  hereby  authorized  to  require  said  persons  to  furnish  such  in- 
formation as  it  may  deem  necessary  to  enable  it  to  compile  the  directory. 

66 


Act  2164,  §  8  GENERAL   LAWS.  1042 

The  directory  shall  contain  in  addition  to  the  names  and  addresses  of 
said  persons,  the  names  and  symbols  indicating  the  title,  name  or  names, 
school  or  schools,  which  such  person  has  attended  and  from  which 
graduated,  the  date  of  issuance  of  the  license,  the  present  residence 
of  said  person  and  a  statement  of  the  form  of  certificate  held.  The 
directory  shall  be  prima  facie  evidence  of  the  right  of  the  person  or 
persons  named  therein  to  practice.  It  shall  be  the  duty  of  every  person 
holding  a  license  to  practice  under  any  medical  act  of  this  state,  or  who 
may  hereafter  be  so  licensed  to  practice,  to  report  immediately  each 
and  every  change  of  residence,  giving  both  the  old  and  the  new  address. 
To  comply  with  the  provisions  of  this  section  relating  to  the  compilation, 
publication  and  sale  of  a  directory  in  addition  to  the  fee  required  for 
the  filing  of  any  application,  or  the  issuance  of  any  certificate  hereinafter 
provided  for,  each  licentiate  granted  a  certificate  under  the  provisions 
of  this  act,  or  any  preceding  medical  practice  act  of  the  state  of  Cali- 
fornia, shall,  on  or  before  the  first  day  of  January  of  each  year,  pay  to 
the  secretary-treasurer  of  the  board  of  medical  examiners  an  annual  tax 
and  registration  fee  of  two  dollars  ($2).  Eeceipt  or  acknowledgment  of 
payment  by  the  secretary-treasurer  shall  be  evidence  that  the  holder 
and  possessor  of  such  certificate  is  entitled  to  practice  the  particular 
system  for  which  he  was  granted  such  certificate  for  a  period  of  one 
year  from  the  first  day  of  January;  but  notwithstanding  the  possession 
by  any  -certificate-holder  of  such  receipt  or  acknowledgment  of  payment, 
the  license  or  certificate  issued  to  such  licentiate  to  practice  any  system 
recognized  by  this  or  any  preceding  medical  practice  act  of  the  state  of 
California,  may,  at  any  time,  be  forfeited  or  revoked  for  a  violation  of 
the  further  provisions  and  requirements  of  this  act.  The  failure,  neglect 
and  refusal  of  any  person  holding  a  license  or  certificate  to  practice  a 
system  under  this  or  any  preceding  medical  practice  act  of  the  state  of 
California,  to  pay  said  annual  tax  of  two  dollars  ($2)  during  the  time 
his  or  her  license  remains  in  force,  shall,  after  a  period  of  sixty  days 
from  the  first  day  of  January  of  each  year,  ipso  facto,  work  a  forfeiture 
of  his  or  her  license  or  certificate,  and  it  shall  not  be  restored  except 
upon  the  written  application  therefor,  and  the  payment  to  the  said  board 
of  a  fee  of  ten  dollars  ($10)  except  that  such  licentiate  who  fails,  refuses 
or  neglects  to  pay  such  annual  tax  within  a  period  of  sixty  days  after 
the  first  day  of  .January  of  each  year  shall  not  be  required  to  submit  to 
an  examination  for  the  reissuance  of  such  certificate.  It  shall  be  the 
duty  of  the  executive  officer  herein  designated  as  the  secretary-treasurer 
of  said  board  of  medical  examiners  to  mail  to  the  last  known  address 
of  each  licentiate  who  has  paid  said  annual  tax  a  copy  of  the  said  direc- 
tory, and  all  new  issues  thereof  and  copies  of  all  supplements  thereto. 
The  receipts  of  the  said  annual  tax  referred  to  herein  shall  be  paid  into 
the  contingent  fund  of  the  board  of  medical  examiners  of  California, 
and  after  the  expenses  of  issuing  said  directories  have  been  paid,  in  the 
event  that  there  shall  be  a  surplus  of  such  funds,  the  board  may  from 
time  to  time,  in  its  discretion,  apply  said  surplus  for  any  other  expenses 
incurred  by  the  board  under  the  provisions  of  this  act.  [Amendment 
approved  April   11,  1917;  Stats.  1917,  p.  94.] 

§  8.     Forms     of     certificates.     "Physician    and     surgeon     certificate." 
"Drugless    practitioner    certificate."     Chiropody    certificate.     Midwifery 


1043  MEDICINE.  Act  2164,  §  9 

certificate.  Reciprocity  certificate.  Four  forms  of  certificates  shajl  be 
issued  by  said  board  under  the  seal  thereof  and  signed  by  the  president 
and  secretary;  first,  a  certificate  authorizing  the  holder  thereof  to  use 
drugs  or  what  are  known  as  medicinal  preparations  in  or  upon  human 
beings  and  to  sever  or  penetrate  the  tissues  of  human  beings  and  to  use 
any  and  all  other  methods  in  the  treatment  of  diseases,  injuries,  deformi- 
ties, or  other  physical  or  mental  conditions,  which  certificate  shall  be 
designated  "physician  and  surgeon  cetificate";  second,  a  certificate  au- 
thorizing the  holder  thereof  to  treat  diseases,  injuries,  deformities,  or 
other  physical  or  mental  conditions  without  the  use  of  drugs  or  what  are 
known  as  medicinal  preparations  and  without  in  any  manner  severing  or 
penetrating  any  of  the  tissues  of  human  beings  except  the  severing  of 
the  umbilical  cord,  which  certificate  shall  be  designated  "drugless  prac- 
titioner's certificate";  third,  a  certificate  authorizing  the  holder  thereof 
to  practice  chiropody;  for  the  purpose  of  this  act  chiropody  is  defined  to 
be  the  surgical  treatment  of  abnormal  nails  and  superficial  excrescences 
occurring  on  the  feet,  such  as  corns,  callosities,  and  the  treatment  of 
bunions;  but  it  shall  not  confer  the  right  to  operate  upon  the  feet  for 
congenital  or  acquired  deformities,  or  for  conditions  requiring  the  use  of 
anesthetics  other  than  local,  or  incisions  involving  structures  below  the 
level  of  the  true  skin;  fourth,  a  certificate  to  practice  midwifery  which 
shall  be  in  the  form  designated  by  the  board  and  in  conformity  with 
this  act.  Such  certificate  shall  entitle  the  holder  thereof  to  attend  eases 
of  childbirth.  As  used  in  this  act,  the  practice  of  midwifery  mean?  the 
furthering  or  undertaking  by  any  person  to  assist  a  woman  in  normal 
childbirth,  but  it  does  not  include  at  any  childbirth  the  use  of  any 
instrument,  except  such  instrument  as  is  necessary  in  severing  the  um- 
bilical cord,  nor  the  assisting  of  childbirth  by  any  artificial,  forcible  or 
mechanical  means,  nor  the  performance  of  any  version,  nor  the  removal 
of  adherent  placenta,  nor  the  administering,  prescribing,  advising  or 
employing  in  childbirth  of  any  drug,  other  than  a  disinfectant  or  cathar- 
tic. The  provisions  hereof  shall  not  authorize  any  midwife  to  practice 
medicine  and  surgery.  A  "reciprocity  certificate"  shall  also  be  issued 
under  the  provisions  hereinafter  specified.  Any  of  these  certificates  on 
being  recorded  in  the  office  of  the  county  clerk,  as  hereinafter  provided, 
shall  constitute  the  holder  thereof  a  duly  licensed  practitioner  in  accord- 
ance with  the  provisions  of  his  certificate.  [Amendment  approved  April 
11,  1917;   Stats.  1917,  p.  94.] 

§  9.  Applicants  must  file  testimonials,  diplomas,  etc.  Preliminary 
education.  Work  in  physics,  chemistry  and  biology.  Every  applicant 
must  file  with  the  board,  at  least  two  weeks  prior  to  the  regular  meeting 
thereof,  satisfactory  testimonials  of  good  moral  character,  and  a  diploma 
or  diplomas  issued  by  some  legally  chartered  school  or  schools  approved 
by  the  board,  the  requirements  of  which  school  or  schools  shall  have 
been  at  the  time  of  granting  such  diploma  or  diplomas  in  no  degree  less 
than  those  required  under  this  act,  or  satisfactory  evidence  of  having 
possessed  such  diploma  or  diplomas,  and  must  file  on  affidavit  stating  that 
he  is  the  person  named  in  said  diploma  or  diplomas,  and  that  he  is  the 
lawful  holder  thereof,  and  that  the  same  was  procured  in  the  regular 
course  of  instruction   and   examination   without  fraud   or  niisrepresenta- 


Act  2164,  §  9  GENERAL   LAWS.  1044 

tion;  provided,  that  in  addition  thereto,  each  applicant  for  a  "physician 
and  surgeon  certificate"  must  show  that  he  has  attended  four  courses 
of  study,  each  such  course  to  have  been  of  not  less  than  thirty-two 
weeks  duration,  but  not  necessarily  pursued  continuous!}',  or  consecu- 
tively, and  that  at  least  ten  months  shall  have  intervened  between  the 
beginning  of  any  course  and  the  beginning  of  the  preceding  course;  pro- 
vided, further,  that  an  applicant  for  a  "drugless  practitioner  certificate" 
must  show  that  he  has  attended  two  courses  of  study,  each  such  course 
to  have  been  of  not  less  than  thirty-two  weeks  duration,  but  not  neces- 
sarily pursued  continuously  or  consecutively,  and  that  at  least  ten  months 
shall  have  intervened  between  the  beginning  of  any  course  and  the  be- 
ginning of  the  preceding  course;  the  course  in  chiropody  is  to  consist  of 
not  less  than  thirty-nine  weeks  consisting  of  not  less  than  six  hundred 
sixty-four  hours;  provided,  further,  that  an  applicant  for  a  certificate  to 
practice  midwifery  must  show  that  the  applicant  has  attended  a  one-year 
course  in  a  hospital  recognized  as  reputable  by  the  board,  and  that  a 
course  of  instruction  in  anatomy,  physiology,  obstetrics  and  hygiene  and 
sanitation  as  set  forth  in  section  ten  hereof  has  been  taken,  covering  a 
period  of  one  year;  provided,  further,  that  in  lieu  thereof,  an  applicant 
who  can  submit  satisfactory  proof  of  the  possession  of  a  diploma  from 
a  recognized  reputable  hospital,  and  who  in  addition  thereto  has  at- 
tended a  course  of  instruction  in  the  subjects  enumerated  in  section  ten 
hereof  and  satisfactory  proof  that  such  instruction  has  been  taken  cover- 
ing a  period  of  at  least  three  months;  and  provided,  further,  that  in 
lieu  thereof  an  applicant  may  present  proof  satisfactory  to  the  board 
that  the  applicant  has  taken  a  course  of  instruction  with  the  minimum 
requirements  as  designated  in  section  ten  of  any  school  or  schools  ap- 
proved by  the  board  as  giving  a  course  of  instruction  in  said  subjects 
for  a  certificate  to  practice  medicine  and  surgery;  provided,  also,  that 
l)efore  July  1,  1918,  in  lieu  of  the  diploma  or  diplomas  and  preliminary 
requirements  herein  referred  to  where  the  applicant  can  show  to  the 
satisfaction  of  the  board  of  medical  examiners  that  he  has  taken  courses 
hereinafter  required  in  a  school  or  schools  approved  by  the  board  totaling 
for  applicants  for  "drugless  practitioner  certificate"  not  less  than  sixty- 
four  weeks  consisting  of  not  less  than  two  thousand  hours  and  for 
"physician  and  surgeon  certificate"  totaling  not  less  than  one  hundred 
twenty-eight  weeks  consisting  of  not  less  than  four  thousand  hours,  it 
being  required  that  all  applicants  shall  have  received  passing  grades  in 
all  such  courses,  that  the  applicant  or  apjilicants  shall  be  admitted  to 
examination  for  their  respective  form  of  certificates. 

The  said  application  shall  be  made  upon  a  blank  furnished  by  said 
board  and  it  shall  contain  such  information  concerning  the  medical  in- 
struction and  the  preliminary  education  of  the  applicant  as  the  board 
may  by  rule  prescribe.  In  addition  to  the  requirements  hereinabove  pro- 
vided for,  apfilicants  for  any  form  of  certificate  hereunder  shall  present 
to  said  board  at  the  time  of  making  such  application  a  diploma  from  a 
California  higii  school  or  other  school  in  the  state  of  California  requir- 
ing and  giving  a  full  four  years'  course  of  same  grade,  or  other  schools 
elsewhere,  requiring  and  giving  a  full  four  years'  standard  high  school 
louise,   or   its   equivalent,   approved   by   the   board,   together   with   satis- 


1045  MEDICINE.  Act  2164,  §  10 

factory  proof  that  he  is  the  lawful  holder  of  such  diploma,  and  that  the 
same  was  procured  in  the  regular  course  of  instruction.  The  passing  of 
an  examination  before  the  entrance  examining  board  for  the  entrance 
to  the  academic  department  of  the  University  of  California,  or  Stan- 
ford University  or  the  University  of  Southern  California,  or  the  posses- 
sion of  documentary  evidence  of  admission  to  the  academic  department 
of  such  institutions  as  a  regular  student  or  in  full  standing  shall  be 
sufficient  basic  or  preliminary  educational  qualifications.  In  lieu  of  such 
diploma,  the  applicant  may  present:  (1)  a  certificate  from  the  college 
entrance  examination  board,  or  the  college  examining  board  of  any  state 
or  territory  showing  that  such  applicant  has  successfully  passed  the 
examination  of  said  board;  or  (2)  if  such  applicant  be  thirty  years  or 
more  of  age  he  may  show  to  the  satisfaction  of  the  board  of  medical 
examiners  proof  of  preliminary  education  equivalent  in  training  power 
to  the  foregoing  requirements.  After  January  1,  1919;  every  applicant 
for  a  "physician  and  surgeon  certificate"  shall  in  addition  to  the  fore- 
going requirements,  present  to  the  board  satisfactory  evidence  that 
before  beginning  the  last  half  of  the  second  year  in  the  study  of  medi- 
cine he  has  completed  a  course  which  includes  at  least  one  year  of  work, 
of  college  grade,  in  each  of  the  subjects  of  physics,  chemistry,  and 
biology.  The  preliminary  or  basic  educational  requirements  for  a  chirop- 
odist, shall  be  as  follows:  On  and  after  July  5,  1915,  the  successful 
completion  of  one  year  of  high  school  work  or  its  equivalent;  on  and 
after  July  1,  1918,  two  years  of  high  school  work  or  its  equivalent;  on 
and  after  July  1,  1920,  three  years  of  high  school  work  or  its  equivalent; 
on  and  after  July  1,  1922,  four  years  of  high  school  work  or  its  equiva- 
lent. 

The  preliminary  or  basic  educational  qualifications  for  an  applicant 
to  practice  midwifery  in  this  state  shall  be  the  completion  of  one  year 
of  high  school  work  or  its  equivalent,  and  after  October,  1918,  the  pres- 
entation to  the  board  of  a  diploma  from  a  California  high  school  giving 
a  full  four  years'  standard  high  school  course  or  its  equivalent.  [Amend- 
ment approved  April  11,  1917;    Stats.   1917,  p.   97.] 

§  10.  Course  of  instruction.  Physicians  and  sr.rgeons.  Drugless  prac- 
titioners. Chiropodists.  Midwives.  Hours  required.  x\pplicants  for 
any  form  of  certificate  shall  file  satisfactory  evidence  of  having  pursued 
in  any  legally  chartered  school  or  schools,  approved  by  the  board,  a 
course  of  instruction  covering  and  including  the  following  minimum  re- 
quirements: 

For  a  ''Physician  and  Surgeon  Certificate." 
Group  1.     77-5  hours. 

Anatomy    5.50  hours 

Embryology    75  hours 

Histology    150  hours 

Group  2.     620  hours. 

Elementary   chemistry   and    toxicology 140  hours 

Advanced  chemistry  180  hours 

Physiology    300  hours 


Act  2164,  §  10                            GENERAL    LAWS.  1046 

Group  3.     450  hours. 

Elementary  bacteriology  60  hours 

Advanced  bacteriology    80  hours 

Hygiene   60  hours 

Pathology    250  hours 

Group  4.     240  hours. 

Materia  mediea   80  hours 

Pharmacology 105  hours 

Therapeutics   55  hours 

Group  5.     940  hours. 

Dermatology    and    syphilis 45  hours 

General  medicine  and  general   diagnosis 600  hours 

Genito-urinary    diseases    45  hours 

Nervous   and   mental   diseases 110  hours 

Pediatrics    140  hours 

Group  6.     680  hours. 

Laryngology,    otology,    rhinologA- 60  hours 

Opthalmology    60  hours 

Surgery   and   surgical   diagnosis 500  hours 

Orthopedic    surgery    30  hours 

Physical   therapy,   including   electrotherapy,   X-ray,   radi- 
ography,  hydrotherapy    30  hours 

Group  7.     265  hours. 

Gynecology    100  hours 

Obstetrics       165  hours 

Miscellaneous.     30  hours. 

Ethics,  jurisprudence,  etc 30  hours 

Total    4,000  hours 

For   a   "Drugless  Practitioner   Certificate." 

Group  1.     600  hours. 

Anatomy      485  hours 

Histology       115  hours 

Group  2.     270  hours. 

Elementary    chemistry    and    toxicology 70  hours 

Physiology       200  hours 

Group  3.     235  hours. 

Elementary  bacteriology   40  hours 

Hygiene        45  hours 

Pathology       150  hours 

Group  4.     370  hours. 

Diagnosis     370  hours 

Group  5.     260  hours. 

Manipulative   utuI    meclKmicil    th(Ma|iy 260  hours 

Grouj)  6.     265  hours. 

Gynecology      TOO  hours 

Obstetrics       165  hours 

Total       2,000  hours 


1047  MEDICINE.  Act  21 64,  §11 

For  a  Certificate  to  Practice  Chiropody. 

Group   1.     117   hours. 

Anatomy      78  hours 

Histology       39  hours 

Group  2.     156  ho-urs. 

Chemistry  and  toxicology 78  hours 

Physiology       78  hours 

Group  3.     103  hours. 

Bacteriology      39  hours 

Hygiene      25  hours 

Pathology 39  hours 

Group  4.     44  hours. 
Diagosis: 

Syphilis      20  hours 

Dermatology       24  hours 

Group  5.     215  hours. 

Manipulative  and  mechanical  therapy: 

Didactic  and   clinical   chiropody 136  hours 

Orthopedics       20  hours 

Surgery       59  hours 

Group  6.     29  hours. 

Materia  medica  and  therapeutics , 29  hours 

Total       664   hours 

For  a  Certificate  to  Practice  Midwifery. 

Group  1.     150  hours. 

Anatomy      75  hours 

Physiology       75  hours 

Group  2.     265  hours. 

Hygiene  and  sanitation 100  hours 

Obstetrics       165  hours 

Total       415  hours 

In  the  course  of  study  herein  outlined  the  hours  required  shall  be 
actual  work  in  the  classroom,  laboratory,  clinic  or  hospital,  and  at  least 
eighty  (80)  per  cent  of  actual  attendance  shall  be  required;  provided, 
that  the  hours  herein  required  in  any  subject  need  not  exceed  seventy- 
five  (75)  per  cent  of  the  number  specified,  but  that  the  total  number 
of  hours  in  all  the  subjects  of  each  group  shall  not  be  less  than  the  total 
number  specified  for  such  group.  [Amendment  approved  April  11,  1917; 
Stats.   1917,  p.  99.] 

§  11.  Additional  requirements  for  physicians  and  surgeons.  For  drug- 
less  practitioners.  Exceptions.  Examination  for  chiropodists.  Exam- 
ination for  midwives.  Re-examination.  Admission  to  drugless  practi- 
tioner examination.  Admission  without  examination.  Examination 
papers  kept  on  file.  Secretary  not  to  be  examiner.  Form  of  certificates. 
In  addition  to  above  requirements,  all  applicants  for  "physician  and  snr- 


Act  2164,  §  11  GENERAL   LAWS.  1048 

geon  certificate"  must  pass  an  exaaiination  to  be  given  by  the  board  in 
the  following  subjects: 

1.  Anatomy  and  histology. 

2.  Physiology. 

3.  Bacteriology  and  pathology. 

4.  Chemistry  and  toxicology, 

5.  Obstetrics  and  gynecology. 

6.  Materia  medica  and  therapeutics,  pharmacology,  including  prescrip- 
tiou-writing. 

7.  General  medicine,  including  clinical  microscopy. 

8.  Surgery. 

9.  Hygiene  and  sanitation. 

AH  applicants  for  "drugless  practitioner  certificates"  must  pass  au  ex- 
amination in  the  following  subjects: 

1.  Anatomy  and  histology. 

2.  Physiology. 

3.  General  diagnosis. 

4.  Pathology  and  elementary  bacteriology. 

5.  Obstetrics  and  gynecology. 

6.  Toxicology  and  elementary  chemistry. 

7.  Hygiene  and  sanitation. 

Provided,  that  a  person  who  holds  a  "drugless  practitioner  certificate," 
issued  upon  satisfactory  proof  of  the  course  of  instruction  and  minimum 
requirements  demanded  in  section  ten  hereof  and  who  presents  evidence 
of  having  successfully  completed  the  additional  courses  required  for  the 
"physician  and  surgeon  certificate"  as  hereinbefore  provided,  shall  be 
permitted  to  take  his  examination  in  subjects  required  for  a  "physician 
and  surgeon  certificate"  without  being  re-examined  in  "drugless  practi- 
tioner" subjects. 

The  subjects  for  such  examination  shall  be: 

i.  Advanced  chemistry. 

2.  Advanced  bacteriology. 

3.  Surgery. 

4.  Materia  niodiea  and  therapeutics,  pharmacology,  including  prescrip- 
tion writing. 

.5.  General  medicine,  including  clinical  iiiirroscopy. 

All  applicants  for  a  certificate  to  practice  chiropody  must  pass  an 
examination  in  the  following  subjects: 

1.  Anatomy  and  histology. 

2.  Phj'siology,  chemistry  and  hygiene. 

3.  Pathology  and  bacteriology. 

4.  Dermatology  and  syphilis. 

0.  Orthopedics  and  surgery. 

').  Chiropody  and  therapeutics. 

All  applicants  for  a  certificate  to  practice  midwifery  must  pass  an 
examination  in  the  following  subjects: 

1.  Anatomy  and  physiology. 

2.  Obstetrics. 

3.  Hygiene   and   sanitation. 

All  examinations  shall  be  practical  in  character  and  designed  to  as- 
certain  the   applicant's   fitness   to   practice   his   profession,   and   shall   be 


1049  MEDICINE.  Act21tJ4,  §11 

conducted  in  the  English  language,  and  at  least  a  portion  of  the  exam- 
ination in  each  of  the  subjects  shall  be  in  writing.  The  board  in  its 
discretion  upon  the  submission  of  satisfactory  proof  from  the  applicant 
that  he  is  unable  to  meet  the  requirements  of  the  examination  in  the 
English  language,  may  allow  the  use  of  an  interpreter  either  to  be  pres- 
ent in  the  examination  room  or  to  thereafter  interpret  and  transcribe 
the  answers  of  the  applicant.  The  selection  of  such  interpreter  is  to  be 
left  entirely  to  the  board  and  the  expenses  thereof  to  be  borne  by  the 
applicant,  the  payment  therefor  to  be  made  before  such  examination  is 
held.  There  shall  be  at  least  ten  questions  on  each  subject,  the  answers 
to  which  shall  be  marked  on  a  scale  of  zero  to  one  hundred.  Each  ap- 
plicant must  obtain  no  less  than  a  general  average  of  seventy-five  per 
cent,  and  not  less  than  sixty  per  cent  in  any  two  subjects;  provided, 
that  any  applicant  shall  be  granted  a  credit  of  one  per  cent  upon  the 
general  average  for  each  pear  of  actual  practice  since  graduation;  pro- 
vided, further,  that  any  applicant  for  "physician  and  surgeon  certificate" 
obtaining  seventy-five  per  cent  each  in  seven  subjects  and  any  applicant 
for  "drugless  practitioner  certificate"  obtaining  seventy-five  per  cent 
each  in  five  subjects  and  an  applicant  for  a  certieate  to  practice  chi- 
ropody obtaining  over  seventy-five  per  cent  in  seven  subjects,  and  an 
applicant  for  a  certificate  to  practice  midwifery  obtaining  seventy-five 
per  cent  in  one  subject,  shall  bo  subsequently  re-examined  in  those  sub- 
jects only  in  which  he  failed,  and  without  additional  fee.  Any  person 
who'  at  any  time  prior  to  January  1,  1916,  shall  pay  to  the  secretary  of 
said  board  the  fee  of  twenty-five  dollars  and  submits  satisfactory  proof 
of  good  moral  character  and  of  a  resident  one-year  course  of  not  less 
than  one  thousand  hours  in  a  legally  chartered  school  approved  by  the 
board  and  satisfactory  proof  of  three  years  of  actual  practice  of  a 
drugless  system  of  the  healing  art.  such  three  years  of  actual  practice 
to  have  been  in  the  state  of  California,  shall  be  admitted  to  the  drugless 
practitioner  examination;  provided,  however,  that  in  the  event  of  a 
license  being  granted  to  such  applicant  he  will  not  be  eligible  thereafter 
for  the  physician's  and  surgeon's  certificate  without  a  full  and  complete 
compliance  with  the  terms  and  provisions  of  sections  nine  and  ten  hereof. 
Anyone  who  shall  pay  the  fee  of  fifty  dollars  to  the  secretary  of  the 
board  prior  to  January  1,  1916,  and  submits  to  the  board  satisfactory 
proof  of  good  moral  character  and  proof  of  six  years'  actual  practice 
of  a  drugless  system  of  the  healing  art,  three  years  of  which  must  have 
been  in  the  state  of  California,  and  satisfactory  proof  of  a  resident  one- 
year'  course  of  not  less  than  one  thousand  hours  in  a  legally  chartered 
school  approved  by  the  board  and  upon  proof  of  competency  in  a  drag- 
less  system  may  be  granted  a  certificate  to  practice  a  drugless  system 
in  this  state;  provided,  however,  that  such  licensee  shall  not  be  per- 
mitted to  take  the  physician's  and  surgeon's  examination  without  a  full 
and  complete  compliance  with  the  terms  of  sections  nine  and  ten  hereof. 
The  examination  papers  shall  form  a  part  of  the  records  of  the  board, 
and  shall  be  kept  on  file  by  the  secretary  for  a  period  of  one  year  after 
each  examination.  In  said  examination  the  applicant  shall  be  known 
and  designated  by  number  only,  and  the  name  attached  to  the  number 
shall   be   kept   secret   until   after   the   board  has   finally   voted   upon   the 


Act  2164,  §§  12, 121A        general  laws.  li'oO 

application.  The  secretary  of  the  board  shall  in  no  instance  participate 
as  an  examiner  in  any  examination  held  by  the  board.  All  questions  on 
any  subject  in  Avhieh  examination  is  required  under  this  act  shall  be  pro- 
vided by  the  board  of  medical  examiners  upon  the  morning  of  the  day 
upon  which  examination  is  given  in  such  subject,  and  when  it  shall  be 
shown  that  the  secretary  or  any  member  of  the  board  has  in  any  manner 
given  information  in  advance  of  or  during  examination  to  any  applicant 
it  shall  be  the  duty  of  the  governor  to  remove  such  person  from  the 
board  of  medical  examiners,  or  from  the  office  of  secretary. 

All  certificates  issued  hereunder  must  state  the  extent  and  character 
of  practice  which  is  permitted  thereunder  and  shall  be  in  such  form  as 
shall  be  prescribed  by  the  board.  [Amendment  approved  April  11,  1917; 
Stats.  1917,  p.  102.] 

§  12.  Army  and  navy  surgeons  authorized  to  practice.  Fee.  When 
certificate  may  be  refused.  Exceptions.  Any  medical  director,  medical 
inspector,  passed  assistant  surgeon,  or  assistant  surgeon  of  the  United 
States  navy,  honorabh'  discharged  or  temporarily  detached,  or  placed 
upon  the  retired  list  without  being  discharged  or  on  active  duty,  from 
the  medical  department  of  the  United  States  navy,  or  who  by  resigna- 
tion has  honorably  severed  all  connection  with  the  service,  and  any  sur- 
geon of  the  United  States  army,  honorably  discharged,  or  temporarily 
detached  or  placed  upon  the  retired  list  without  being  discharged  or  on 
active  duty  from  the  medical  department  of  the  United  States  army,  or 
who  by  resignation  has  honorably  severed  all  connection  with  the  ser- 
vice and  any  commissioned  officer,  viz.:  surgeon  general,  assistant  sur- 
geon general,  senior  surgeon,  surgeon,  passed  assistant  surgeon  and  as- 
sistant surgeon  of  the  United  States  public  health  service  on  active  duty 
with  such  service,  temporarily  detached  or  who  has  honorably  severed 
all  connection  with  the  United  States  public  health  service,  is  hereby 
authorized  to  practice  medicine  and  surgery  within  the  state  of  Cali- 
fornia bj'  filing  a  sworn  copy  of  his  discharge,  if  he  be  discharged,  or  of 
the  order  temporarily  detaching  him  or  the  order  placing  him  upon  the 
retired  list,  witli  the  state  board  of  medical  examiners  or  by  proving  to 
the  satisfaction  of  the  board  that  by  resignation  he  has  honorably  left 
the  service  of  either  the  army  or  navy,  and  paying  said  board  a  fee  of 
fifty  dollars;  provided,  tliat  when  it  appears  to  the  satisfaction  of  the 
board,  that  in  the  year  in  which  the  applicant  was  appointed  or  commis- 
sioned in  the  United  States  army,  navy  or  public  health  service,  that  the 
requirements  of  such  service  for  such  appointment  or  commission,  were 
in  any  degree  or  particular  less  than  those  which  were  required  for  the 
issuance  of  a  similar  certificate  to  practice  in  California  at  the  date  of 
such  issuance,  then  the  board  in  its  discretion  may  refuse  to  issue  such 
certificate;  provided,  further,  that  the  provisions  of  this  section  shall  not 
applv  to  any  contract  surgeon  in  the  United  States  army,  navy  or  public 
liealth  service,  and  shall  not  apply  to  any  officer  of  the  medical  reserve 
•■orps  of  said  army,  navy  or  public  health  service.  [Amendment  approved 
April  11,  1917;   Stats.  1917,  p.  101.1 

§  12J.  Chiropody  certificate  for  persons  already  practicing.  Mid- 
wifery certificate  to  persons  already  practicing.  Investigation  of  moral 
character.     Applicants  to  practice  osteopathy.     Examination.     Any  per- 


1U51  MEDICINE.  Act  2104-,  5;  12 U 

son  who  at  any  time  within  ninety  days  from  and  after  tlie  passing  of 
this  act  shall  pay  to  said  board,  the  registration  fee  of  fifty  dollars,  as 
herein  provided,  and  furnish  to  said  board  satisfactory  proof  of  the  fact 
that  such  applicant  has  been  actually  engaged  in  the  practice  of  chi- 
ropody in  the  state  of  California  for  the  period  of  one  year  prior  to  July 
1,  193  5,  and  that  such  applicant  possesses  a  good  moral  character  and 
competency  in  the  practice  of  chiropody,  shall  be  entitled  to  practice  chi- 
ropody, and  said  board  must  issue  to  him  a  chiropody  certificate. 

Any  person  who  at  any  time  within  one  hundred  eighty  days  from  and 
after  the  passing  of  this  act  shall  pay  to  said  board  the  registration  fee 
of  twenty  dollars  as  herein  provided,  and  furnish  to  said  board  satis- 
factory proof  that  such  applicant  has  been  actually  engaged  in  the  prac- 
tice of  midwifery  in  the  state  of  California  for  at  least  a  period  of  one 
year,  and  that  such  applicant  possesses  a  good  moral  character  and  com- 
fieteney  in  the  practice  of  midwifery,  shall  be  entitled  to  practice  mid- 
wifery, and  said  board  must  issue  to  such  applicant  a  midwifery 
certificate. 

The  actual  practice  referred  to  herein  shall  consist  in  satisfactory 
propf  that  the  applicant  has  attended  at  least  twenty-five  cases  of  labor 
and  has  had  the  care  of  at  least  twenty-five  mothers  and  new-born  in- 
fants during  the  lying-in  period.  The  lying-in  period  referred  to  herein 
shall  consist  of  a  period  of  ten  days  following  delivery.  The  good  moral 
character  referred  to  herein  shall  be  evidenced  by  the  certificates  of  two 
physicians  and  surgeons  or  practitioners  licensed  under  this  or  any  pre- 
ceding medical  practice  act  of  this  state,  and  the  certificate  of  one  lay- 
man, preferably  a  clergyman,  priest,  rabbi  or  recognized  minister  of  the 
gospel.  The  competency  referred  to  herein  shall  be  evidenced  by  affi- 
davits of  reputable  citizens  preferably  physicians  of  the  vicinity  wherein 
the  applicant  has  recently  resided.  The  board,  however,  may  disregard 
such  certificates  and  in  its  discretion  may  give  an  oral,  practical  or  clini- 
cal examination.  The  proof  of  the  attendance  and  completion  of  the 
twenty-five  cases  of  labor  referred  to  herein  shall  be  evidenced,  if  the 
board  shall  so  require  of  any  applicant,  by  the  submis.sion  of  the  name 
of  the  mother,  and  a  reference  to  the  birth  certificate  required  under  the 
law.  The  board  shall  have  the  power  to  disregard  the  certificates  of 
moral  character  referred  to  herein  and  may  order  that  an  investigation 
under  the  direction  of  the  board  be  held  upon  the  moral  character  of  the 
applicant.  If  the  said  investigation  should  result  in  an  adverse  report 
to  applicant,  the  applicant  shall  be  entitled  to  a  hearing  before  said 
board  and  after  such  hearing  the  board  shall  be  the  judges  of  the  moral 
fitness  of  the  applicant  to  receive  a  certificate  to  practice  midwifery. 
In  the  event  that  a  certificate  to  practice  midwifery  shall  not  be  granted 
under  the  provisions  of  this  section,  the  applicant  will  be  entitled  to  a 
refund  of  ten  dollars.  Any  person  who  files  an  application  for  a  "physi- 
eian  and  surgeon  certificate"  two  weeks  prior  to  a  regular  or  special 
meeting,  and  who  submits  satisfactory  proof  to  the  board  that  the  appli- 
cant has  been  licensed  to  practice  osteopathy  under  the  provisions  of  an 
act  entitled  "An  act  to  regulate  the  practice  of  osteopathy  in  the  state 
of  California  and  to  provide  for  the  state  board  of  osteopathic  examiners, 
and  to  license  osteopaths  who  practice  in  this  state,  and  to  punish  per- 
sons  violating  the   provisions   of  this   act."   which   became   a  law  under 


Act  2164,  §  13  GENERAL   LAWS.  1U02 

constitutioual  provision  without  the  governor's  approval  March  9,  1901, 
or  who  submits  satisfactory  proof  that  the  applicant  has  been  licensed 
to  practice  osteopathy  under  an  act  entitled  "An  act  to  provide  for  the 
regulation  of  the  practice  of  medicine  and  surgery,  osteopathy  and  other 
systems  or  modes  of  treating  the  sick  or  afflicted  in  the  state  of  Cali- 
fornia, and  for  the  appointment  of  a  board  of  medical  examiners  in  the 
matter  of  said  regulation,  approved  March  14,  1907,  and  who  submits 
satisfactory  testimonials  of  good  moral  character  and  a  diploma  or  diplo- 
mas issued  by  some  legally  chartered  school  or  schools  approved  by  the 
board,  or  satisfactory  evidence  of  having  possessed  such  diploma  or 
diplomas  and  that  he  is  the  lawful  holder  thereof,  and  that  the  same  was 
procured  in  the  regular  course  of  instruction  and  examination  without 
fraud  or  misrepresentation,  and  that  the  applicant  has  complied  with  the 
provisions  of  sections  nine,  ten  and  eleven  of  this  act,  may  be  granted 
an  oral,  practical  or  clinical  examination  for  the  "physician  and  surgeon 
certificates";  provided,  that  the  board  must  accept  in  lieu  thereof  the 
educational  qualifications  enumerated  in  this  section  or  in  sections  nine, 
ten  and  eleven  of  this  act  satisfactory  proof  to  the  board  of  actual  prac- 
tice in  the  system  of  treatment  known  and  designated  as  osteopathy  for 
a  period  of  four  j-ears,  and  ui^on  the  presentation  of  such  proof  the  appli- 
cant will  be  entitled  to  an  oral,  jiractical  or  clinical  examination  for  a 
"physician  and  surgeon  certificate."  The  fee  for  filing  such  application 
shall  be  twenty-five  dollars,  fifteen  dollars  to  be  returned  to  the  appli- 
cant in  the  event  that  a  certificate  is  not  issued  under  the  provisions 
hereof.     [Amendment  approved  April  11,  1917;  Stats.  1917,  p.  105.] 

§  13.  Certificates  to  applicants  licensed  to  practice  since  August  1, 
1901.  Requirements.  Contracts  of  reciprocity.  Applicant  with  certifi- 
cate prior  to  August  1,  1901.  Examination.  Fee.  Said  board  must  also 
issue  a  certificate  to  practice  a  system  or  mode  of  treating  the  sick  or 
afiiieted  recognized  by  this  act  or  any  preceding  practice  act  in  the  state 
of  California  to  any  applicant,  without  any  examination,  authorizing  the 
holder  thereof  to  practice  a  system  or  mode  of  treating  the  sick  or 
afflicted  in  the  state  of  California,  upon  payment  of  a  registration  fee 
of  one  hundred  dollars,  upon  the  following  terms  and  conditions  and 
upon  satisfactory  proof  thereof,  viz.:  The  applicant  shall  produce  a  cer- 
tificate entitling  him  to  practice  a  system  or  mode  of  treating  the  sick 
or  afiiieted,  as  provided  in  this  act  or  any  preceding  practice  act  of  the 
state  of  California,  issued  either  by  the  medical  examining  board,  or  by 
any  other  board  or  officer  authorized  by  the  law  to  issue  a  certificate 
entitling  such  ap|)licant  to  practice  a  system  or  mode  for  treating  the 
sick  or  afflicted  either  in  the  District  of  Columbia  or  in  any  state  or 
territory  of  the  United  States,  or  if  such  certificate  shall  have  been  lost, 
then  a  copy  thereof,  with  proof  satisfactory  to  the  board  of  medical  ex- 
aminers of  the  state  of  California  that  the  copy  is  a  correct  copy.  Said 
certificate  must  not  have  been  issued  to  such  applicant  prior  to  the  first 
day  of  August,  1901,  and  the  requirements  from  the  college  from  which 
such  applicant  may  have  graduated,  and  the  requirements  of  the  board 
which  was  legally  authorized  to  issue  such  certificate  permitting  such 
applicant  to  practice  a  Bystem  or  mode  of  treating  the  sick  or  afflicted 
shall  not  have  been  at  the  time  such  certificate  was  issued,  in  any  de- 
grop  or  jiarticular  less  than  those  which  were  required  for  the  issuance 


1053  MEDICINE.  Act  2164,  §  13 

of  a  similar  certificate  to  practice  a  system  or  mode  of  treating  the  sick 
or  alHicted  in  tlie  state  of  California  at  the  date  of  the  issuance  of  such 
certificate,  or  which  may  hereafter  be  required  by  law  and  which  may 
be  in  force  at  the  date  of  the  issuance  of  any  such  certificate;  and  pro- 
vided, further,  that  said  applicant  shall  furnish  from  the  board  which 
issued  said  certificate,  evidence  satisfactory  to  the  board  of  medical  ex- 
aminers of  the  state  of  California  showing  what  the  requirements  were 
of  the  college  and  of  the  board,  issuing  such  certificate  at  the  date  of 
such  issuance.  If,  after  an  examination  of  such  certificate,  and  the  pro- 
duction on  the  part  of  the  applicant  of  such  further  reasonable  evidence 
of  the  said  requirements  as  may  be  deemed  necessary  by  the  board  of 
medical  examiners  of  the  state  of  California  and  any  other  or  further 
examination  or  investigation  which  said  board  may  see  fit  to  make  on 
its  own  part,  it  shall  be  found  that  the  requirements  of  the  board  issu- 
ing such  certificate  were,  when  said  certificate  was  issued,  in  any  degree 
or  particular  less  than  the  requirements  provided  by  the  law  of  the  state 
of  California  at  the  date  of  the  issuance  of  such  certificate  or  that  the 
applicant  has  not  been  a  resident  of  the  state  from  which  the  applica- 
tion is  based  for  a  period  of  one  year  subsequent  to  the  issuance  of  such 
certificate  he  will  not  be  entitled  to  practice  within  the  state  of  Cali- 
fornia without  an  examination.  An  oral  examination  shall  not  be  deemed 
to  be  of  equal  merit  with  a  written  examination  and  no  certificate  shall 
be  issued  in  the  case  where  a  written  examination  was  given  in  Cali- 
fornia and  an  applicant  was  given  an  oral  examination  in  another  state 
at  the  same  time.  The  board  is  hereby  authorized  to  enter  into  a  con- 
tract or  contracts  of  reciprocity  with  other  states  wherein  the  standard 
of  such  states  is  not  in  any  degree  or  particular  less  than  were  the  re- 
quirements in  the  state  of  California  in  the  same  year,  for  the  issuance 
of  a  certificate  to  practice  a  system  or  mode  of  treating  the  sick  or 
afflicted,  such  certificate  to  be  similar  in  scope  of  practice  as  the  certifi- 
cate issued  in  the  other  state;  provided,  however,  that  an  application 
based  upon  a  certificate  to  practice  any  system  or  mode  of  treating  the 
sick  or  afflicted  issued  in  the  District  of  Columbia  or  in  any  state  or 
territory  prior  to  March  4,  1907,  if  refused  or  denied  by  reason  of  the 
insufficiency  of  the  standard  of  such  state  or  territory  then  such  appli- 
cant may  have  the  privilege  of  either  a  written  or  oral  examination 
before  the  board  at  the  option  of  the  applicant.  Any  person  may  file  an 
application  with  the  said  board  to  practice  medicine  and  surgery  within 
the  state  of  California,  in  the  event  that  such  applicant  has  been  duly 
licensed  prior  to  August  1,  1901,  and  has  practiced  medicine  and  surgery 
in  another  state  or  territory,  or  the  District  of  Columbia,  for  a  period  of 
time  commencing  prior  to  the  first  day  of  August,  1901.  Such  applica- 
tion shall  be  verified  and  shall  contain  a  statement  showing:  (a)  tha  full 
name  of  the  applicant;  (b)  all  institutions  at  which  he  has  studied  and 
the  period  of  such  study,  and  all  institutions  from  which  he  has  gradu- 
ated; (c)  a  statement  of  whatever  certificate  or  certificates  to  pracfice 
medicine  and  surgery  may  have  been  issued  to  him,  together  with  the 
date  of  such  certificate  and  a  description  of  the  same,  and,  if  required 
by  the  board,  the  certificates  themselves,  or  satisfactory  proof  of  their 
issuance;  (d)  a  statement  of  all  places  in  which  said  applicant  has  prac- 
ticed medicine   and   surgery;    (e)    such   other   general   information  as   to 


Act  2164,  §  14:  GENERAL    LAWS.  1054 

his  past  practice,  as  may  be  required  by  the  said  board.  The  said  board 
shall  make  such  independent  investigation  of  the  character,  ability  and 
standing  of  the  applicant  as  it  may  deem  proper  and  necessary,  and  if 
it  shall  tind  after  such  investigation  that  said  applicant  has  been  a  prac- 
ticing physician  and  surgeon  in  any  other  state  or  territory  or  the  Dis- 
trict of  Columbia,  prior  to  August  1,  1901,  and  prior  to  said  last-named 
date  has  been  duly  licensed  so  to  practice,  and  that  his  reputation  as 
such  physician  and  surgeon  is  good  in  the  community  in  which  he  has 
so  practiced  medicine  and  surgery,  and  has  been  a  resident  of  his  last 
state  of  residence  for  a  period  of  one  year  prior  to  date  of  filing  his 
application  in  the  state  of  California,  they  shall  afford  him  an  examina- 
tion on  a  day  suiting  the  convenience  of  the  board  not  more  than  six 
months  subsequent  to  the  presentation  of  said  application.  Said  exam- 
ination shall  be  oral,  practical,  and  clinical  in  nature,  and  full  considera- 
tion shall  be  given  to  the  duration  and  character  of  the  applicant's  prac- 
tice. If  after  such  last-mentioned  examination  it  is  determined  by  a 
majority  vote  of  the  said  medical  examiners  conducting  said  examina- 
tion, that  such  applicant  is  so  qualified  to  practice  medicine  and  surgery 
within  the  state  of  California,  and  that  his  reputation  and  standing  in 
the  community  in  which  he  has  previously  practiced  is  good,  the  said 
applicant  shall  be  entitled  to  receive  a  "physician  and  surgeon  certifi- 
cate." Each  applicant  on  making  such  application  shall  pay  to  the  secre- 
tary of  the  board,  a  fee  of  one  hundred  dollars,  which  shall  be  paid  to 
the  treasurer  of  the  board,  of  which  sum  ninety  dollars  shall  be  returned 
to  him  should  he  not  receive  a  certificate  hereunder.  All  certificates 
issued  pursuant  to  this  section  shall  be  marked  across  the  face  thereof 
"reciprocity  certificate."  Any  person  granted  a  "reciprocity  certificate" 
to  practice  any  system  or  mode  for  treating  the  sick  or  afflicted  recog- 
nized by  this  or  any  preceding  medical  practice  act  in  this  state,  such 
certificates  not  being  of  equal  scope  with  the  certificates  known  and 
designated  as  the  "physician  and  surgeon  certificate,"  will  not  be  eligible 
for  the  "physician  and  surgeon  certificate"  as  designated  in  this  act  with- 
out a  full  and  complete  compliance  with  the  terms  and  provisions  of  sec- 
tions nine,  ten  and  eleven  hereof. 

§  14.  Refusal  of  certificate  for  unprofessional  conduct.  Refusal  to  obey 
subpoena.  Revocation  of  certificate  for  unprofessional  conduct.  Said 
board  must  refuse  a  cerlifieate  to  any  applicant  guilty  of  unprofessional 
conduct.  On  the  filing  with  tlie  secretary  of  a  sworn  complaint,  charg- 
ing the  applicant  with  having  been  guilty  of  unprofessional  conduct,  the 
secretary  must  forthwith  issue  a  citation,  under  the  seal  of  the  board,  and 
make  the  same  returnable  at  the  next  regular  session  of  said  board,  occur- 
ring at  least  thirty  days  next  after  filing  the  complaint.  Such  citation 
shall  notify  the  applicant  when  and  where  the  charges  of  said  unprofes- 
sional conduct  will  be  heard,  and  that  the  applicant  shall  file  his  written 
answer,  under  oath,  within  twenty  days  next  after  the  service  on  him  of 
said  citation  or  that  default  will  be  taken  against  him  and  his  application 
for  a  certificate  refused.  The  attendance  of  witnesses  at  such  hearing 
may  be  compelled  by  subpoenas  issued  by  the  secretary  of  the  board 
under  its  seal.  Said  citation  and  said  subpoenas  shall  be  served  in 
accordance  with  the  statutes  of  this  state  then  in  force  as  to  the  service 
of  citation  and  subpoenas  generally,  and  all  the  provisions  of  the  stat- 


1055  '       MEDICINE.  Act  2164,  §U 

utes  of  this  state  tluMi  in  force  relating  to  subjioenas  and  to  citations 
are  hereby  made  ai>}jlicablo  to  the  sabpoenas  and  citations  provided  for 
herein.  Upon  the  secretary's  certifying  to  the  fact  of  refusal  of  any 
person  to  obey  a  subpoena  or  citation  to  the  superior  court  of  the  county 
in  which  the  service  was  had,  said  court  shall  thereupon  proceed  to  hear 
said  matter  in  accordance  with  the  statutes  of  this  state  then  in  force 
as  to  contempts  for  disobedience  of  process  of  the  court,  and  should  said 
court  find  that  the  subpoena  or  citation  has  been  legally  served,  and 
that  the  party  so  served  has  willfully  disobeyed  the  same,  it  shall  pro- 
ceed to  impose  such  penalty  as  provided  in  cases  of  contempt  of  court. 
In  all  cases  of  alleged  unprofessional  conduct,  arising  under  this  act, 
depositions  of  witnesses  may  be  taken,  the  same  as  in  civil  cases  and  all 
the  provisions  of  the  statutes  of  this  state  then  in  force  as  to  the  tak- 
ing of  depositions  are  hereby  made  applicable  to  the  taking  of  deposi- 
tions under  this  act.  If  the  applicant  shall  fail  to  file  with  the  seeretar}' 
of  said  board  his  answer,  under  oath,  within  twenty  days  after  service 
on  him  of  said  citation,  or  within  such  further  "time  as  the  board  may 
allow,  and  the  charges  on  their  face  shall  be  deemed  sufficient  by  tie 
board,  default  shall  be  entered  against  him,  and  his  application  refused. 
If  the  charges  on  their  face  be  deemed  sufficient  by  the  board,  and  issue 
be  joined  thereon  by  answer,  the  board  shall  proceed  to  determine  the 
matter,  and  to  that  end  shall  hear  such  proper  evidence  as  may  be  ad- 
duced before  it;  and  if  it  appear  to  the  satisfaction  of  the  board  that 
the  applicant  is  guilty  as  charged,  no  certificate  shall  be  issued  to  him. 
Wlienever  any  holder-  of  a  certificate  herein  provided  for  is  guilty  of 
unprofessional  conduct,  as  the  same  is  defined  in  this  act,  and  the  said 
unprofessional  conduct  has  been  brought  to  the  attention  of  the  board 
granting  said  certificate,  in  the  manner  hereinafter  provided  or  when- 
ever a  certificate  has  been  procured  by  fraud  or  misrepresentation,  or 
issued  by  mistake,  or  the  jierson  holding  such  certificate  is  found  to  be 
practicing  contrary  to  the  provisions  thereof  and  of  this  act,  it  shall  be 
the  duty  of  said  board  either  to  suspend  the  right  of  the  holder  of  said 
certificate  to  practice  for  a  period  not  exceeding  one  year,  or  in  its  dis- 
cretion to  revoke  his  certificate.  In  the  event  of  such  suspension,  the 
holder  of  such  certificate  shall  not  be  entitled  to  practice  thereunder 
during  the  term  of  suspension;  but,  upon  the  expiration  of  the  term  of 
said  suspension,  he  .shall  be  reinstated  by  the  board  anji  shall  be  entitled 
to  resume  his  practice,  unless  it  shall  be  established  to  the  satisfaction 
of  the  board  that  said  person  so  suspended  from  practice,  has,  during  the 
term  of  such  suspension,  practiced  in  the  state  of  California,  in  which 
event  the  board  shall  revoke  the  certificate  of  such  person.  Xo  such 
suspension  or  revocation  shall  be  made  unless  such  holder  is  cited  to 
appear  and  the  same  proceedings  are  had  as  is  hereinbefore  provided 
in  this  section  in  case  of  refusal  to  issue  certificates.  Said  secretary  in 
all  cases  of  suspension  or  revocation  shall  enter  on  his  register  the  fact 
of  such  suspension  or  revocation,  as  the  case  may  be,  and  shall  certify 
the  fact  of  such  suspension  or  revocation  under  the  seal  of  the  board,  to 
the  county  clerk  of  the  counlies  in  which  the  certificates  of  the  person 
whose  certificate  has  been  revoked  is  recorded;  and  said  clerk  must  there- 
upon write  upon  the  margin  or  across  the  face  of  his  register  of  the 
certificate  of  such  person,  the  following:  "The  bolder  of  this  certificate 


Act  2164,  §  14  GENERAL    LAWS.  1056 

was  on  the  day  of suspended  for  ,"  or,  "This  certificate 

was  revoked  on  the day  of /'  as  the  ease  may  be,  giving  the 

day,  month  and  year  of  such  revocation  or  length  of  suspension,  as  the 
ease  may  be,  in  accordance  with  said  certification  to  him  by  said  secre- 
tary. The  record  of  such  .suspension  or  revocation  so  made  by  said 
county  clerk  shall  be  prima  facie  evidence  of  the  fact  thereof,  and  of  the 
regularity  of  all  the  proceedings  of  said  board  in  the  matter  of  said 
suspension  or  revocation.  The  words  "unprofessional  conduct"  as  used 
in  this  act,  are  hereby  declared  to  mean: 

First — The  procuring  or  aiding  or  abetting  or  attempting  or  agreeing 
or  offering  to  procure  a  criminal  abortion. 

Second — The  willfully  betraying  of  a  professional  secret. 

Third — All  advertising  of  medical  business  which  is  intended  or  has 
a  tendency  to  deceive  the  public  or  impose  upon  credulous  or  ignorant 
persons,  and  so  be  harmful  or  injurious  to  public  morals  or  safety. 

Fourth — All  advertising  of  any  medicine  or  of  any  means  whereby  the 
monthly  periods  of  women  can  be  regulated  or  the  menses  re-established 
if  suppressed. 

Fifth-^Conviction  of  any  offense  involving  moral  turpitude  in  which 
case  the  record  of  such  conviction  shall  be  conclusive  evidence. 

Sixth — Habitual  intemperance  or  excessive  use  of  cocaine,  opium,  mor- 
phine, codeine,  heroin,  alpha  eucaine,  beta  eucaine,  novocaine  or  chloral 
hydrate  or  any  of  the  salts,  derivatives  or  compounds  of  the  foregoing 
substances  or  the  prescribing,  selling,  furnishing,  giving  away  or  offer- 
ing to  prescribe,  sell,  furnish,  or  give  away  such  substances  to  a  habitue 
who  is  not  under  the  direct  personal  and  continuous  treatment  and  care 
of  the  physician  for  the  cure  of  the  above-mentioned  drugs. 

Seventh — The  personation  of  another  licensed  practitioner  or  permit- 
ting or  allowing  another  person  to  use  his  certificate  in  the  practice 
of  any  system  or  mode  of  treating  the  sick  or  afflicted. 

Eighth — The  use,  by  the  holder  of  any  certificate,  iu  any  sign  or  ad- 
vertisement in  connection  with  his  said  practice  or  in  any  advertisement 
or  announcement  of  his  practice,  of  any  fictitious  name,  or  any  name 
other  than  his  own. 

Ninth — The  use  by  the  holder  of  a  "drugloss  practitioner  certificate" 
of  drugs  or  what  are  known  as  medicinal  preparations,  in  or  upon  any 
human  being,  or  the  severing  or  penetrating  by  the  holder  of  said  "drug- 
less  prnctitioner  certificate"  of  the  tissues  of  any  human  being  in  the 
treatment  of  any  disease,  injury,  deformity,  or  other  physical  or  mental 
condition  of  such  human  being,  excepting  the  severing  of  the  umbilical 
cord. 

Tenth — Advertising,  announcing  or  stating,  directly,  indirectly,  or  in 
substance,  by  any  sign,  card,  newspaper,  advertisement  or  other  written 
or  printed  sign  or  advertisement,  that  the  holder  of  such  certificate  or 
any  other  person,  company,  or  association  by  wiiich  he  is  employed  or 
in  whoso  service  he  is.  will  cure  or  attempt  to  cure,  or  will  treat,  any 
venereal  disease,  or  will  cure  or  attempt  to  cure  or  treat  any  person  or 
persons  for  any  sexual  disease,  for  lost  manhood,  sexual  weakness,  or 
sexual  disorder  or  any  disease  of  the  sexual  organs;  or  being  employed 
by,  or  being  in  the  service  of,  any  person,  firm,  association,  or  corpora- 
tion so  advertising,  announcing  or  stating. 


1<>;37  MEDICINE.  Act  2164,  ^14 

Eleventh — Tlie  use  by  the  holder  of  any  certificate  of  any  letter,  let- 
ters, word,  words,  or  term  or  terms  used  either  as  prefix  or  affix  or 
suffix  indicating  that  such  certificate  holder  is  entitled  to  practice  a 
system  or  mode  of  treating  the  sick  or  afflicted  for  which  he  was  not 
licensed  in  the  state  of  California. 

Twelfth — The  employment  of  "cappers"  or  "steerers"  or  other  persons 
in  procuring  practice  for  a  practitioner  for  a  system  or  mode  of  treating 
the  sick  or  afflicted  provided  for  in  this  act. 

Thirteenth — The  certificate  issued  herein  for  the  practice  of  midwifery 
may  be  revoked  when  it  appears  to  the  satisfaction  of  the  board  that  in 
any  case  or  cases  that  the  licentiate  may  have  treated,  that  due  caution 
and  circumspection  was  not  used  or  that  the  holder  of  said  certificate 
in  its  treatment  of  any  ease  or  cases  had  not  used  proper  aseptic  and 
antiseptic  precautions. 

Fourteenth — The  certificate  to  practice  midwifery  herein  may  lie  re- 
voked upon  conviction  for  the  violation  of  any  health  statute,  order  or 
ordinance  or  for  the  neglect  or  refusal  to  comply  with  the  health  rules 
and  regulations  of  any  state,  county,  city  and  county,  city  or  township. 

Fifteenth — The  certificate  issued  herein  for  the  practice  of  midwifery 
may  be  revoked  for  the  treatment  by  any  midwife  in  any  case  of  labor 
in  which  ease  there  is  a  complicated  vertex  presentation  in  which  said 
licentiate  did  not  call  or  attempt  to  call  a  licentiate  licensed  to  practice 
a  system  including  the  practice  of  obstetrics  under  this  act  or  any  pre- 
ceding medical  practice  act  in  this  state. 

Sixteenth — The  certificate  issued  herein  for  the  practice  of  midwifery 
may  be  revoked  for  a  failure  to  refer  to  a  licentiate  under  this  act  or  any 
preceding  act  in  the  state  of  California  licensed  to  practice  a  system 
including  obstetrics,  a  case  which  during  pregnancy  has,  or  develops 
any  of  the  following  conditions:  a  contracted  pelvis  or  other  deformity 
that  will  interfere  with  labor;  bleeding  from  the  uterus;  swelling  of  the 
face  and  hands;  excessive  vomiting;  persistent  headache;  dimness  of 
vision;  convulsions;  or  for  failure  to  call  or  summons  a  physician  if  any 
of  the  following  conditions  exist  or  develop  at  the  beginning  of  or  dur- 
ing labor:  Complicated  presentation  of  a  vertex  (head);  convulsions, 
excessive  bleeding;  prolapse  of  the  cord;  a  swelling  or  tumor  that  ob- 
structs the  birth  of  the  child;  signs  of  exhaustion  or  collapse;  unduly 
prolonged  labor;  or  the  failure  to  refer  to  a  licentiate  in  this  act  or 
any  preceding  act  in  the  state  of  California  licensed  to  practice  a  system 
including  obstetrics,  a  case,  which  during  the  lying-in  period,  develops 
the  following  conditfons:  Convulsions;  excessive  bleeding;  foul  smelling 
discharge  (lochia);  persistent  rise  of  temperature  to  one  hundred  one  de- 
grees Fahrenheit  for  twenty-four  hours;  swelling  and  redness  of  the 
breasts;  severe  chill  (rigor)  with  rise  of  temperature;  inability  to  nurse 
the  child;  or  for  a  failure  to  refer  to  a  licentiate  under  this  act  or  any 
preceding  act  in  the  state  of  California  licensed  to  practice  a  .system  in- 
cluding obstetrics,  a  case  where  the  child  has  or  develops  any  of  the  fol- 
lowing conditions:  Deformities  or  malformations  or  injuries;  inability  to 
suckle  or  nurse;  inflammation  around  or  discharge  from  the  navel;  swell- 
ing and  redness  of  the   eyelids  w-ith  a   discharge  of  pus  from  the   eyes 

67 


Act  2164,  §§  15-18  GENERAL    LAWS.  1058 

(opthalmia  ueouatorum);   bleeding  from  the  mouth,  navel  or  bowels;   in- 
ability to  urinate. 

Seventeenth — The  certificate  issued  herein  for  the  practice  of  mid- 
wifery may  be  revoked  for  the  treatment  by  the  said  midwife  licentiate 
known  as  the  introduction  of  the  hand  into  the  vagina  or  uterus  to 
remove  placenta  or  membranes. 

Eighteenth — The  certificate  issued  herein  for  the  practice  of  midwifery 
may  be  revoked  for  the  failure  to  have  the  following  equipment  (in  each 
case):  Nail  brush;  wooden  or  bone  nail  cleaner;  jar  of  green  or  soft 
castile  soap;  rubber  gloves;  tube  of  sterile  vaseline;  clinical  thermometer; 
agate  or  glass  douche  reservoir;  two  rounded  vaginal  douche  nozzles; 
two  rectal  nozzles,  large  and  small;  one  soft  rubber  catheter;  blunt 
scissors  for  cutting  cord;  either  lysol,  carbolic  acid  or  bichloride  of  mer- 
cury tablets;  boric  acid  powder;  one  per  cent  solution  of  nitrate  of 
silver;  medicine  dropper;  narrow  tape  or  soft  twine  for  tying  cord; 
absorbent  cotton  (preferably  in  one-quarter  pound  packages);  no  other 
instruments  are  to  be  used,  owned  or  possessed  by  a  midwife.  [Amend- 
ment approved  April  11,  1917;  Stats.  1917,  p.  109.] 

§  15.  Certificates  to  1)6  recorded.  Every  person  holding  a  certificate 
under  the  laws  of  this  state  authorizing  him  to  practice  any  system  or 
mode  of  treating  the  sick  or  afflicted  in  this  state  must  have  it  recorded 
in  the  office  of  the  county  clerk  of  the  county  or  counties  in  which  the 
holder  of  said  certificate  is  practicing  his  profession,  and  the  fact  of 
such  recordation  shall  be  indorsed  on  the  certificate  by  the  county  clerk 
recording  the  same.  Any  person  holding  a  certificate  as  aforesaid,  who 
shall  practice  or  attempt  to  practice  any  system  or  mode  of  treating 
the  sick  or  afflicted  in  this  state,  without  having  first  filed  his  certificate 
with  the  county  clerk,  as  herein  provided,  shall  be  deemed  guilty  of  a 
misdemeanor  and  shall  be  punished  as  hereinafter  designated  in  this 
act.      [Amendment  approved  "April  11,  1917;  Stats.  1917,  p.  113.] 

§  17.  Practice  without  license.  Penalty.  Any  person  who  shall  prac- 
tice or  attempt  to  practice,  or  who  advertises  or  holds  himself  out  as 
practicing,  any  system  or  mode  of  treating  the  sick  or  afflicted  in  this 
state,  or  who  shall  diagnose,  treat,  operate  for,  or  prescribe  for,  any 
disease,  injury,  deformity,  or  other  mental  or  physical  condition  of  any 
person,  without  having  at  the  time  of  so  doing  a  valid  unrevoked  cer- 
ticate  as  provided  in  this  act,  or  who  shall  in  any  sign  or  in  any  advertise- 
ment use  the  word  "doctor,"  the  letters  or  prefix  "Dr.,"  the  letters  "M.D.," 
or  any  other  term  or  letters  indicating  or  implying  that  he  is  a  doctor, 
physician,  surgeon  or  practitioner,  under  the  terms  of  this  or  any  other 
act,  or  that  he  is  entitled  to  practice  hereunder,  or  under  any  other 
law  without  having  at  the  time  of  so  doing  a  valid  unrevoked  certificate 
as  provided  in  this  act  shall  be  guilty  of  a  misdemeanor  and  upon  con- 
viction thereof  shall  be  punished  as  designated  in  this  act.  [Amendment 
approved  April  11,  1917;  Stats.  1917,  p.  111.] 

§  18.  Penalty  for  selling  certificate.  Altering  of  certificate.  Practice 
under  false  name.  Records  of  associates  of  practitioner.  Any  jierson, 
or  any  member  of  any  firm,  or  official  of  any  company,  association,  or- 
ganization  or   corporation   shall   be    guilty   of   a   misdemeanor   and   upon 


1059  MEDICINE.  Act  2164,  §24 

conviction  thereof  shall  be  punishable  as  designated  in  this  act,  who, 
individually  or  in  his  official  capacity,  shall  himself  sell  or  barter,  or 
offer  to  sell  or  barter,  any  certificate  authorized  to  be  granted  hereunder, 
or  any  diploma,  affidavit,  transcript,  certificate  or  any  other  evidence 
required  in  this  act  for  use  in  connection  with  the  granting  of  certificates 
or  diplomas,  or  who  shall  purchase  or  procure  the  same  cither  directly  or 
indirectly  with  intent  that  the  same  shall  be  fraudulently  used,  or  who 
shall  with  fraudulent  intent  alter  any  diploma,  certificate,  transcript, 
affidavit,  or  any  other  evidence  to  be  used  in  obtaining  a  diploma  or 
certificate  required  hereunder  or  who  shall  use  or  attempt  to  use  fraudu- 
lently any  certificate,  transcript,  affidavit,  or  diploma,  whether  the  same 
be  genuine  or  false,  or  who  shall  practice  or  attempt  to  practice  any 
system  or  treatment  of  the  sick  or  afflicted,  under  a  false  or  assumed 
name,  or  any  name  other  than  that  prescribed  by  the  board  of  medical 
examiners  of  the  state  of  California  on  its  certificate  issued  to  such 
person  authorizing  him  to  administer  such  treatment,  or  who  shall  assume 
any  degree  or  title  not  conferred  upon  him  in  the  manner  and  by  the 
authority  recognized  in  this  act,  with  intent  to  represent  falsely  that 
he  has  received  such  degree  or  title,  or  who  shall  willfully  make  any 
false  statement  on  any  application  for  examination,  license  or  registration 
under  this  act,  or  who  shall  engage  in  the  treatment  of  the  sick  or 
afflicted  without  causing  to  be  displayed  in  a  conspicuous  manner  and  in 
a  conspicuous  place  in  his  office  the  name  of  each  and  every  person 
who  is  associated  with  or  employed  by  him  in  the  practice  of  medicine 
and  surgery  or  other  treatment  of  the  sick  or  afflicted,  or  who  shall, 
within  ten  days  after  demand  made  by  the  secretary  of  the  board,  fail 
to  furnish  to  said  board  the  name  and  address  of  all  such  persons  asso- 
ciated with  or  employed  by  him  or  by  any  company  or  association  with 
which  he  is  or  has  been  connected  at  any  time  within  sixty  days  prior 
to  said  notice,  together  with  a  sworn  statement  showang  under  and  by 
what  license  or  authority  said  person  or  persons,  or  said  employee  or 
employees,  is  or  are,  or  has  or  have  been  practicing  medicine  or  surgery, 
or  any  other  system  of  treatment  of  the  sick  or  afflicted.  It  shall  be 
the  duty  of  any  person  or  persons  upon  whom  the  board  of  medical 
examiners  maj-  make  a  demand  for  the  name  or  names  and  address  or 
addresses  of  a  person  or  persons  associated  or  employed  by  him  or  them 
to  make  affidavit  that  there  are  no  such  person  or  persons  associated 
or  emploj'ed  by  him  or  them,  if  such  be  the  fact;  provided,  that  such 
affidavit  shall  not  be  used  as  evidence  against  said  person  or  employee 
in  any  proceedings  under  this  action.  [Amendment  approved  April  11, 
1917;    Stats.    1917,  p.   11-1.] 

§  24.  Title  of  act.  Penalties.  Disposition  of  fines.  This  act  when 
referred  to,  cited  or  amended  may  be  designated  as  the  state  medical 
practice  act,  and  for  a  violation  of  any  provision  of  this  act,  the  said 
violator  shall  be  guilty  of  a  misdemeanor,  unless  otherwise  specificalh' 
provided  in  this  act,  and  shall  be  punished  by  a  fine  of  not  less  than 
one  hundred  dollars  nor  more  than  six  hundred  dollars  or  by  imprison- 
ment for  a  term  of  not  less  than  sixty  daj's  nor  more  than  one  hundred 
eighty  days  or  by  both  such  fine  and  imprisonment.  The  fines  or  for- 
feitures of  bail  in  any  case  wherein  any  person  is  charged  with  a  viola- 


Act  2203,  §§  1-3  GENERAL    LAWS.  1060 

tion  of  the  provisions  of  this  act  shall  be  paid  upon  the  collection  by 
the  proper  officer  of  the  court  seventy-five  per  cent  thereof  to  the  state 
treasurer  to  be  deposited  to  the  credit  of  the  contingent  fund  of  the 
board  of  medical  examiners  and  such  payment  to  said  treasurer  shall  be 
made  without  placing  such  fine  or  forfeiture  of  bail  in  any  special  or 
contingent  or  general  fund  of  any  county,  city  and  county,  city,  or  town- 
ship. The  balance  or  twenty-five  per  cent  of  such  fines  or  forfeitures  of 
bail  shall  be  paid  to  the  county  wherein  the  case  is  pending.  [New 
section  added  April  11,  1917;  Stats.  1917,  p.  115.] 

TITLE  343. 

MILITARY  COMPANIES 
ACT  2203. 

An  act  creating  a  state  defense  guard,  providing  for  its  control  and  com- 
pensation, prescribing  its  duties  and  making  an  appropriation  there- 
for. 

[Ai>proved  May  28,   l!n7.     Stats.   1917,   p.   1279.     In   effect  immediately.] 

§  1.  State  defense  guard  created.  There  is  hereby  created  a  state 
defense  guard  to  be  eompo^sed  of  such  number  of  companies,  not  exceed- 
ing ten,  each  of  which  shall  be  composed  of  not  less  than  twenty-five 
nor  more  than  one  hundred  men  as  the  governor  shall,  in  either  case, 
determine.  The  governor,  as  soon  as  he  deems  it  necessary  for  the 
public  welfare,  shall  appoint  one  captain,  one  lieutenant,  and  such  sub- 
ordinate officers  for  each  company  of  such  state  defense  guard  as  he 
may  authorize  to  be  enrolled,  shall  designate  the  number  of  men  to 
constitute  each  such  company,  and  may,  within  the  limit  above  specified, 
thereafter,  in  his  discretion,  increase  or  decrease  the  number  of  such  com- 
panies and  of  the  membership  thereof. 

§  2.  Membership.  Examination.  Oath.  Membership  in  the  state 
defense  guard  shall  be  confined  to  male  citizens  of  the  United  States  of 
not  less  than  thirty  years,  nor  more  than  fifty  years  of  age.  Each  ap- 
jilicant  for  appointment  in  the  state  defense  guard  must  pass  an  examin- 
ation as  to  his  physical  and  mental  qualifications,  such  examination  to  be 
lield  by  the  adjutant-general,  based  upon  standards  to  be  established  by 
him.  Appointments  under  this  act  shall  be  exempt  from  the  provisions 
of  the  civil  service  act.  Before  entering  upon  the  discharge  of  his 
duties,  each  member  of  tiie  state  defense  guard  shall  take  the  following 
oath: 

"I  do  solemnly  swear  that  I  will  sujiport  the  constitution  and  laws 
of  the  United  States  and  the  state  of  California  and  strictly  and  faith- 
fully jierform  the  duties  of  member  of  the  state  defense  guard  of  the 
state  of  California  to  the  best  of  my  ability." 

§3.  Constituted  peace  officers.  Duties.  The  nKMiihers  of  the  state 
defense  guard  are  hereby  constituted  peace  officers  and  invested  with  all 
|)0\vers  conferred  by  law  upon  peace  officers  in  this  state,  and  shall  have 
and  exercise  such  powers  in  any  part  of  this  state.  It  shall  be  the 
duty  of  all   members  of  the  state  defense  guard  strictly  to  enforce  the 


1061  MILITARY  COMPANIES.  Act  2208,  §§  4-11 

laws    of    this    state,    and    to    perform    sudi    duties    as   tlie    governor    sliall 
direct. 

§  4.  Exclusive  control  of  governor.  The  state  defense  guard  shall  be 
subject  to  the  exclusive  control  and  direction  of  the  governor,  or  of  the 
adjutant-general  acting  under  the  direction  of  the  governor.  The  gov- 
ernor may  in  his  discretion  at  any  time  demote,  suspend  or  discharge 
any  member  of  the  state  defense  guard,  and  a  suspended  meml)ev  shall 
not  be  entitled  to  salary  during  the  jieriod  of  such  suspension. 

§  5.  Adjutant-general  ex-officio  superintendent.  The  adjutant-general 
of  the  state  shall  be  ex-officio  superintendent  of  the  state  defense  guard, 
and  shall  keep  all  files  and  records  pertaining  thereto  and  shall  make 
rules  and  regulations  for  its  government  and  control.  He  shall  pre- 
scribe suitable  uniforms,  arms,  equipment  and  means  of  transportation 
and.  vpith  the  approval  of  the  state  board  of  control,  shall  purchase  so 
much  and  such  articles  thereof  as  he  may  deem  necessary  to  supplement 
any  part  of  such  equipment  to  be  provided,  at  their  individual  expense, 
by  the  members  of  such  state  defense  guard.  The  adjutant-general 
shall  perform  such  other  duties  in  connection  with  the  state  defense 
guard  as  the  governor  directs. 

§  6.  Salaries.  The  salary  of  the  members  of  the  state  defense  guard 
shall  be  as  follows:  Each  captain,  one  thousand  six  hundred  dollars  per 
annum;  each  lieutenant,  one  thousand  three  hundred  fifty  dollars  per 
annum;  each  sergeant,  one  thousand  two  hundred  twenty  dollars  per  an- 
num; corporals  and  other  members,  one  thousand  eighty  dollars  per 
annum.  The  salary  of  all  members  of  the  state  defense  guard  shall  be 
jiaid  at  the  time  and  in  the  same  manner  as  state  officers. 

§  7.  Penalty  for  refusal  to  pay  order.  Any  member  of  the  state  de- 
fense guard  willfully-  failing  or  refusing  to  obey  any  lawful  order  or 
direction  of  the  governor  shall  be  guilty  of  a  misdemeanor,  and.  upon 
conviction,  thereof,  shall  be  punished  by  imprisonment  in  the  county 
jail  not  less  than  one  month  nor  more  than  six  months. 

§  8.  Appropriation.  For  the  purposes  of  this  act  the  sum  of  one 
million  dollars,  or  so  much  thereof  as  may  be  necessary,  is  hereby  appro- 
priated out  of  any  money  in  the  state  treasury  not  otherwise  appro- 
priated. Claims  against  such  ap]iropriation  shall  be  api>roved  by  the 
adjutant-general  and,  when  so  approved,  shall  be  audited  aiid  paid  in 
the  manner  provided  by  law. 

§9.  In  effect  when.  This  act  shall  be  in  force  and  effect  only  during 
the  existence  of  war  between  the  United  States  and  any  foreign  nation. 

§  10.  Not  used  in  strikes.  The  state  defense  guard  shall  not  be  used 
in  connection  with  strikes  or  other  industrial  disputes.  -v 

§  11.  Urgency  measure.  A  ^tate  of  war  now  existing  between  the 
United  States  and  the  imperial  German  government,  this  act  is  declared 
to  be  an  urgency  measure  necessary  for  the  immediate  preservation  of 
the  public  peace  and  safety  and  shall  take  effect  upon  its  approval  by 
the   governor.  J!  .M'Ji 


Act  2213b,  ^  ^  2,  4  GENERAL   LAWS.  1U62 

TITLE  345. 

MINES  AXD  MINING. 
ACT  2213b. 

An  act  establishing  and  creating  a  department  of  the  state  mining  bureau 
for  the  protection  of  the  natural  resources  of  petroleum  and  gas  from 
waste  and  destruction  thjough  improper  operations  in  production; 
providing  for  the  appointment  of  a  state  oil  and  gas  supervisor;  pre- 
scribing his  duties  and  powers;  fixing  his  compensation;  providing 
for  the  appointment  of  deputies  and  employees;  providing  for  their 
duties  and  compensation;  providing  for  the  inspection  of  petroleum 
and  gas  wells;  requiring  all  persons  operating  petroleum  and  gas 
wells  to  make  certain  reports;  providing  procedure  for  arbitration 
of  departmental  rulings;  creating  a  fund  for  the  purposes  of  the 
act;  providing  for  assessment  of  charges  to  be  paid  by  operators 
and  providing  for  the  collection  thereof;  and  making  an  apjiropria- 
tion  for  the  purposes  of  this  act. 

[Aj.proved  June  10,  1915.     Stats.  1915,  j..   14(14.  | 

Amended  June  1,  1917;   Stats.  1917,  p.   1586. 

The  amendment  of  1917  follows: 

§  2.  State  mineralogist" s  compensation.  Secretary's  added  compensa- 
tion. Supervisor's  salary.  For  his  services  in  the  general  supervision  of 
said  department,  the  state  mineralogist  shall  receive  as  compensation 
one  thousand  fonr  hundred  dollars  annnally  which  shall  be  in  addition 
to  his  compensation  fixed  in  section  two  of  the  act  of  .Tune  16,  1913, 
relating  to  the  state  mining  bureau. 

The  secretary  of  the  state  mining  bureau  shall  receive  for  his  services 
in  connection  with  the  department  of  petroleum  and  gas,  a  sum  not  to 
exceed  six  hundred  dollars  annually,  which  sum  shall  be  in  addition  to  his 
compensation  paid  from  the  funds  of  the  state  mining  bureau. 

The  supervisor  shall  receive  an  annual  salary  of  six  thousand  dollars, 
and  shall  be  allowed  his  necessary  traveling  expenses.  The  state 
mineralogist  may,  at  the  request  of  the  state  oil  and  gas  supervisor, 
and  subject  to  the  civil  service  laws  of  the  state,  appoint  one  chief  clerk 
at  a  salary  of  not  to  exceed  one  thousand  eight  hundred  dollars  annually; 
twelve  office  assistants  or  stenographers  each  at  a  salary  of  not  to  exceed 
one  thousand  two  hundred  dollars  annually;  four  geological  draftsmen 
each  at  a  salary  not  to  exceed  one  thousand  five  hundred  dollars  an- 
nually; four  petroleum  engineers  each  at  a  salary  not  to  exceed  two 
thousand  four  hundred  dollars  annually;  twelve  inspectors  each  at  a 
salary  not  to  exceed  one  thousand  eight  hundred  dollars  annually. 

The  additional  salary  herein  authorized  to  be  paid  to  the  state  min- 
eralogist and  the  secretary  of  the  state  mining  bureau  and  the  salaries 
of  the- supervisor  and  of  the  deputies,  clerks,  stenographers,  assistants 
and  other  employees  sti;ill  lie  |i;rul  onl  (if  the  funds  hereinafter  provided 
for  at  the  times  and  in  the  niiinncr  tlinl  salaiics  of  other  state  oHicers 
and  i-midoyees  .■iic  paid.  |  A  nirnilincnt  apiimvcd  Jmie  I,  1917;  Stats. 
Ill  I  7.    p.    \r,Hl].\ 

§4.     Deputies.      It    sliali 
visor    to   ;i|)]»oint   one   cliicl' 


V      III.' 

diil.v 

(if 

tlic    >1;i 

tc    oil   and   gas   super- 

(■put  \ 

'    and 

li\( 

.'    lield    d 

cpntics,  one   for  each 

1063  MINES   AND   MINING.  Act  2213b,  §§  0-8 

of  the  distriets  hereinafter  provided  for  and  prescribe  their  duties  and 
fix  their  compensation,  which  shall  not  exceed  four  thousand  dollars  per 
annum  for  the  chief  deputy  and  not  to  exceed  three  thousand  six  hun- 
dred dollars  per  annum  for  each  field  deputy.  Such  deputies  shall  serve 
during  the  pleasure  of  the  supervisor.  He  shall  also  employ  an  attorney 
at  a  compensation  not  exceeding  three  thousand  dollars  per  year,  pay- 
able out  of  said  fund,  who  sliall  also  be  attorney  for  each  district 
board  of  commissioners;  sucli  ((iinmissioners  may  allow  additional  com- 
pensation to  such  attorney  in  actual  litigation.  The  supervisor,  the 
deputies  and  the  attorney  shall  not  be  subject  to  the  civil  service  act. 
[Amendment  approved  June   1,  1917;  Stats.  1917,  p.  1587.] 

§5.  Qualifications.  Kach  deputy  appointed  by  the  supervisor  shall  be 
a  competent  engineer  or  geologist,  experienced  in  the  development  and 
production  of  i)etroleum.  At  the  time  said  deputy  is  appointed,  notice 
of  such  appointment  shall  be  transmitted  in  writing  to  the  board  of 
commissioners  of  the  district  for  which  said  deputy  is  appointed.  Said 
notice  shall  be  given  either  personally  or  by  mailing  a  notice  of  said 
appointment  to  the  postoffice  address  of  each  commissioner.  Xo  appoint- 
ment shall  be  final  until  a  period  of  ten  days  shall  have  elapsed  from 
the  mailing  of  said  notice  to  said  commissioners.  In  the  event  of  the 
majority  of  the  commissioners  notify  said  oil  and  gas  supervisor  in  writ- 
ing before  the  expiration  of  ten  days  from  the  date  of  said  notice 
that  the  appointment  of  said  field  deputy  is  disapproved  by  tiiem,  then 
and  in  that  event  said  field  deputy  shall  not  be  appointed  but  said  oil 
and  gas  supervisor  must  appoint  some  other  individual  as  in  this  section 
provided.  Each  field  deputy  shall  maintain  an  ofaee  in  the  district  for 
which  he  is  appointed,  convenient  of  access  to  the  petroleum  and  gas 
operators  therein.  The  office  shall  be  open  and  the  deputy  shall  be 
present  at  certain  specified  times  which  shall  be  posted  at  such  office. 
[Amendment  approved  .Tune  1,  1917;  Stats.  1917,  p.  15S7.] 

§  7.  Records  open  to  inspection.  The  records  of  any  and  all  opierators, 
when  filed  with  the  deputy  supervisor  as  hereinafter  provided,  shall  be 
open  to  inspection  to  those  authorized  in  writing  by  such  operators, 
to  the  state  officers,  and  to  the  board  of  commissioners  hereinafter  pro- 
vided for.  Such  records  .shall  in  no  case  other  than  those  hereinafter 
and  in  this  section  provided,  be  available  as  evidence  in  court  proceed- 
ings and  no  officer  or  emplo_yec  or  member  of  any  board  of  commissioners 
shall  be  allowed  to  give  testimony  as  to  the  contents  of  said  records, 
except  at  such  court  proceedings  as  are  hereinafter  provided  for  in  the 
review  of  the  decision  of  the  state  oil  and  gas  sujiervisor,  or  a  board 
of  commissioners,  or  in  any  proceedings  initiated  for  the  enforcement 
of  an  order  of  the  supervisor,  or  any  proceeding  initiated  for  the  enforce- 
ment of  a  lien  created  by  this  act,  or  any  proceeding  for  the  collection 
of  the  assessment  levied  under  and  pursuant  to  the  provisions  of  this  act 
or  in  criminal  proceedings  arising  out  of  such  records,  or  the  statements 
upon  which  they  are  based.  |  Amendment  approved  Tune  1,  1917;  Stats. 
1917,  p.   1588. J 

§8.  Tests  and  remedial  work.  It  sliall  be  the  duty  of  the  sn]iervisor 
to  order   such  tests  or   remedial   work   as   in   his  judgment   are   necessary 


Act 'JlUob.  ^^  0.  10  liENKiiAi    laws;.  I(),i4 

to  protoot  tho  jvtroloinn  auil  gas  deposits  from  damago  l\v  luulorgiouuii 
water,  to  tlio  best  interests  of  tlie  neiglihoring  property  o\vner>.  aiiil  the 
publio  at  largo. 

The  order  shall  be  in  written  form,  signed  by  the  supervisor,  and 
shall  be  served  npon  the  owner  of  the  well,  or  the  loeal  agent  appointed 
by  snob  owner,  either  personally  or  by  mailing  a  eopy  of  said  order  to 
the  postottioe  address  given  at  the  time  the  looal  agewt  is  designated, 
or  if  no  suoh  loeal  agent  has  been  designated,  by  mailing  a  eopy  of  said 
order  to  the  last  known  postoffiee  address  of  said  owner,  or  if  the  owner 
be  unknown  by  ^>osting  a  eopy  of  said  order  in  a  eonspionous  place  npon 
the  property,  and  publishing  the  same  in  some  newspaper  of  general 
I  ireuhition  throughout  the  eounty  in  whiih  said  well  is  located,  oiite  ,h 
week  for  two  suoeessive  weeks. 

Said  order  shall  specify  the  condition  sought  to  be  remedied  and  the 
work  necessary  to  protect  such  deposits  from  damage  from  underground 
waters.  For  this  purpose  each  operator  or  owner  shall  designate  an 
agent,  giving  his  postolttce  address,  who  resides  within  the  county  where 
the  well  or  wells  are  located,  upon  whom  all  orders  and  notices  provided 
for  in  this  act  may  be  served.  [Amendment  approved  June  1.  1^17; 
Stats.  1917.  p.  15SS.] 

§9.  Owner's  objections.  The  well  owner  or  his  local  agent  may 
within  ten  days  from  the  date  of  service  of  any  order  from  the  super- 
visor, file  with  the  supervisor  or  his  deputy  in  the  district  where  the 
property  is  located,  a  statement  that  the  supervisor's  oriler  is  not  ac- 
ceptable and  that  appeal  from  said  order  is  taken  to  the  board  of 
commissioners.  Such  appeal  shall  operate  as  a  stay  of  any  order  issued 
under  or  pursuant  to  the  provisions  of  this  act.  |  Amendment  approved 
June  1.   1917:  Stats.  1917.  p.   loSS.| 

§  10.  State  divided  into  live  districts.  District  oil  and  gas  commis- 
siouers  elected.  Elections.  Term  of  office.  Eligibility.  Chairman. 
Deputies.  Expenses.  Eecall.  Procedure.  Vacancies.  Advice  from 
supervisors.  For  the  purposes  of  this  act  the  state  shall  bo  divided  into 
tivo   districts,   as   follows: 

District  No.  1.  including  the  counties  of  Los  Angeles.  Kivorside,  Orange. 
San  Diego.  Imperial  and  San  Bernardino. 

District  No.  il,  the  county  of  Ventura. 

District  No.  3,  including  the  counties  of  Santa  Barbara.  Sati  Luis 
Obisjo.  Monterey,  Santa  Cruz,  San  Benito.  Santa  Hara.  Contra  Costa. 
San  Mateo.  Alameda  and  San  Francisco. 

District  No.  4,  including  the  counties  of  Tulare.  Inyo  and  Kern. 

District  No.  .1,  including  the  counties  of  Fresno,  Madera.  Kings.  Mono. 
Mariposa,  Merced  and  all  other  i-ounties  in  California  not  included  in 
any  of  said  other  district>. 

There  shall  be  elected  at  the  times  and  in  the  manner  hereinafter 
provided.  <listrict  oil  ami  gas  commissioners  for  each  such  district,  as 
follows: 

For  district  number  one,  five;  for  district  number  two.  five:  for  dis- 
trict nimiher  thn»«\  five;  for  district  number  four,  seven:  for  ilistrict 
iMMuber    five.    five. 


1065  MINES  AND  MINING.  Act  2213b,  j  10 

Said  diBtrict  oil  and  {^as  commissioners  shall  be  elected  by  vote  of 
the  comjiaHies,  individuals,  copartnerships  or  associations,  who  shall 
have  been  assessed,  and  whose  names  shall  appear  upon  the  last  record 
of  assessments  (next  preceding  such  election)  for  and  on  account  of 
the  fund  in  this  act  provided  to  he  raised,  within  said  districts  respef- 
tively,  said  vote  to  be  taken  at  a  meeting  to  be  held  in  each  of  said 
districts  respectively,  and  on  the  third  Monday  in  SejHember  of  each 
year,  such  jdace  and  the  time  and  details  of  such  meeting  to  he  fixed 
by  the  state  oil  and  gas  supervisor,  and  of  which  meeting  at  least  two 
weeks  previous  notice  shall  have  been  given  by  letter  addressed  to  each 
of  said  jiersous,  corjKjrations,  copartnerships  and  associations.  <'ntitle<i 
to  vote  as  aforesaid,  at  bis  or  its  f>OBtolfice  address  or  principal  plaee 
of  business. 

At  said  meeting  each  of  those  entitled  to  vote  as  herein  provided 
may  be  represented  by  one  person  holding  the  written  anthorlty  of  such 
voter  to  act  for  him  at  such  meeting. 

At  said  meeting  each  voter  shall  be  entitled  to  one  vote  for  each 
member  of  the  board  of  district  oil  and  gas  commissioners  who  are  re- 
quired to  be  selected  for  such  district.  In  addition  thereto,  in  ea*h 
district  in  which  five  commissioners  are  to  be  elected,  each  voter  shall 
be  entitled,  for  each  one  hundred  dollars,  or  fraction  thereof,  which  said 
voter  shall  have  paid  in  accordance  with  his  last  assessment  hereunder, 
to  cast  one  vote  for  the  two  commLssioners  who  are  elected  for  three 
years;  and  in  each  district  in  which  seven  commissioners  are  to  be 
elected,  each  voter  shall  be  entitled,  for  each  one  hundred  dollars,  or 
fraction  thereof,  which  said  voter  shall  have  paid  in  accordance  with 
his  last  assessment  hereunder,  to  cast  one  vote  for  the  three  commis- 
sioners who  are  elected  for  three  years.  In  all  subsequent  elections  the 
qualification  of  voters  in  the  election  of  a  commissioner  shall  be  the  same 
as  in  the  election  of  the  commissioner  whose  successor  in  office  is  being 
elected. 

Said  meeting  shall  select  hy  ballot,  by  a  majority  vote  of  the  rotes 
represented,  the  number  of  persons  as  hereinbefore  specified  to  act  as 
district  oil  and  gas  commissioners  for  such  district. 

In  any  district  entitled  to  seven  commissioners,  two  shall  be  chosen 
for  a  term  of  one  year,  two  for  tw'o  years  and  three  for  three  years. 
In  any  district  entitled  to  five  commissioners,  one  shall  be  chosen  for 
a  term  of  one  year,  two  for  two  years  and  two  for  three  years. 

The  chairman  and  secretary  of  the  meeting  shall  issue  a  written  cer- 
tificate to  the  state  oil  and  gas  supervisor,  setting  forth  the  result  of 
such  election,  and  the  name  and  address  of  each  of  the  persons  elected 
at  said  meeting  as  the  district  oil  and  gas  commissioners  for  said  district 
and  the  term  for  which  each  has  been  elected.  No  person  shall  be 
eligible  as  a  district  oil  and  gas  commissioner  who  is  not  a  resident  of 
the  district  for  which  he  is  elected,  nor  shall  any  person  be  eligible  for 
such  position  who  is  not  actually  engaged  in  the  buBiness  of  oil  or  gas 
development  or  production,  within  the   district. 

Upon  receipt  of  the  certificate  so  made  by  the  chairman  and  secretary- 
of  any  such  meeting,  the  state  oil  and  gas  supervisor  shall  issue  a  cer- 
tificate of  election  to  the  respective  ])ersons  in  said  certificate  named 
as  the  district  oil  and  gas  commissioners  for  said   district,  and   f'-'r  +'^'" 


Act  2213b,  §  10  GENERxVL   LAWS.  1066 

periods  of  one,  two  or  three  years  from  and  after  the  first  Monday  in 
October,  1917,  as  shall  be .  shown  in  such  certificate,  and  nntil  their 
respective  successors  shall  have  been  elected. 

Within  thirty  days  after  their  ajjpointment  by  the  state  oil  and  gas 
supervisor,  the  district  oil  and  gas  commissioners  for  each  district  shall 
meet  at  a  time  and  place  within  the  district  to  be  designated  b}^  the 
state  oil  and  gas  sui^ervisor,  and  shall  thereupon  select  one  of  the  number 
as  chairman. 

The  deputy  supervisor  of  the  district  shall  be  ex-ofiicio  secretary  of 
said  board,  and  shall  keep  a  record  of  its  proceedings,  and  his  office 
shall  be  the  office  of  the  commissioners. 

Said  commissioners  shall  serve  without  compensation,  except  their 
necessary  traveling  expenses.  The  traveling  expenses  of  said  commis- 
sioners and  all  actual  expenses  incurred  by  or  under  order  of  said  com- 
missioners in  the  hearing  and  determination  and  carrj-ing  out  of  orders 
appealed  to  them,  shall  be  certified  to  said  state  supervisor,  and  when 
audited  by  him  and  by  the  state  board  of  control  shall  be  paid  from 
said  fund. 

On  the  third  Tuesday  in  September  of  each  year  at  an  hour  and  places 
in  said  respective  districts  to  be  fixed  by  the  state  oil  and  gas  supervisor, 
and  of  which  notices  shall  have  been  given  as  hereinbefore  specified, 
the  successor  of  each  of  the  district  oil  and  gas  commissioners  whose 
term  of  appointment  shall  expire  that  year,  shall  be  elected  and  qualified 
in  the  manner  and  subject  to  the  provisions  hereinbefore  set  forth,  and 
the  term  of  each  shall  be  for  a  period  of  three  years  from  and  after  the 
first  Monday  in  October  next  succeeding. 

All,  either  or  any  of  the  district  oil  and  gas  commissioners  elected 
in  any  district  may  be  recalled  by  the  votes  of  a  majority  of.  the  quali- 
fied votes  of  the  district  entitled  to  vote  as  to  such  commissioners 
respectively.  In  case  there  shall  be  filed  in  the  office  of  the  state 
oil  and  gas  supervisor,  a  written  petition,  signed  by  not  less  than  forty 
per  cent  of  those  entitled  to  vote  as  to  the  election  of  any  commis- 
sioner or  commissioners,  asking  the  recall  of  such  commissioner  or  com- 
missioners, said  state  oil  and  gas  supervisor  shall,  within  ten  days  there- 
after, order  and  give  notice  of  a  special  election  in  such  district  to 
fill  the  office  or  offices  of  the  commissioner  or  commissioners  named  in 
said  petition  for  recall;  and  shall  cause  notice  to  be  given  of  said  elec- 
tion in  the  manner,  and  for  the  time  required  for  n^gular  election,  and 
said   notice  shall  fix  the  tiiii(>  and   place  of  such  elcctidii. 

.\  t  such  election,  the  commissioner  or  commissioners  nanu^d  in  such 
pelitiiMi  fill-  recall  shall  be  voted  upon  as  though  candidates  for  election 
for  the  unex|)ii'e(|  portion  of  the  term  for  wliicli  they,  respectively, 
were  originally  elected,  and  any  other  candidate  or  candidates  may,  at 
the  same  time,  be  xoteil  upon.  It  sh.all  i('(|nir('  a  majorit}'  of  all  the 
ipialified  votes  entitled  to  \()1e  lor  such  cuniinissionei-s,  res[)ect  ively,  to 
constitute  an  election.  In  case  less  than  a  nKijori1\-  of  all  (pialified  votes 
shall  be  cast  for  any  candidate,  said  recall  shall  be  deemed  to  have 
faiic'd  as  to  the  commissioner  conceniinn  whose  ollicc  siudi  vote  was 
taken;  aii<i  in  case  such  commissionci  liinisclf  shall  receive  a  majority 
oC  the  votes,  said  recall  shall  be  ileemnl  to  lia\e  failed,  and  in  either 
of   HU^ni    cases,   such    commissioner    sli;ill    continne    to    serve    nntil    the    ex- 


1067  MINES  AND  MINING.  Act    2213b,  §  11 

piration  of  his  term  us  though  no  such  speeiul  election  had  been  held. 
But  in  case  any  person  other  than  such  commissioner  shall  receive  a 
majority  of  the  votes  for  such  unexpired  term,  then  such  recall  shall 
become  effective,  and  the  oltice  of  the  commissioner  so  recalled  shall 
be  vacant  and  upon  written  certificate  of  such  election  being  filed  with 
the  state  oil  and  gas  supervisor,  the  person  so  chosen  and  elected  for 
such  unexpired  term  shall  become  the  successor  of  the  commissioner 
so  recalled,  and  a  certificate  of  his  election  for  such  unexpired  term 
shall  be  issued  and  transmitted  to  him  by  the  state  oil  and  gas  super- 
visor. And  like  proceedings  shall  be  had  in  case  more  than  one  commis- 
sioner shall  be  included  in  said  petition  for  recall. 

In  all  recall  elections,  qualifications  for  voters  and  the  number  of 
votes  which  they  will  be  entitled  to  cast  shall  be  the  same  as  they 
respectively  were  in  the  election  of  the  commissioner  as  to  whom  such 
recall  election  is  being  held. 

In  case  of  vacancy  caused  by  the  death,  resignation  or  removal  from 
district  or  ceasing  to  be  engaged  in  the  business  of  development  or 
production  of  oil  or  gas  in  the  district  as  to  the  office  of  any  commis- 
sioner, such  vacancy  shall  be  filled  until  the  next  annual  election  by 
the  state  oil  and  gas  supervisor,  who  shall  appoint  to  fill  such  vacancy 
an  eligible  person,  nominated  in  writing  by  the  remaining  commissioners 
of  such  district. 

Upon  any  subject  in  which  any  commissioner  is  personally  interested, 
or  upon  which  any  corporation,  copartnership,  association  or  individual 
by  whom  he  is  employed  is  directly  interested  as  a  party,  such  com- 
missioner shall  not  be  entitled  to  sit  or  vote. 

The  board  of  commissioners  shall  be  entitled  to  call  upon  the  super- 
visor for  advice,  and  written  report  upon  any  matter  referred  to  the 
board  of  commissioners,  and  the  supervisor  shall  be  entitled  to  call 
meetings  of  the  commissioners  at  the  ofiice  of  the  field  supervisor,  upon 
five  days'  written  notice,  to  obtain  their  written  advice  upon  any  matters 
relating  to  his  work  within  their  district.  [Amendment  approved  June 
1,  1917;  Stats.  1917,  p.  1.589.] 

§  11.  Investigation  upon  complaint.  Upon  receipt  by  the  supervisor 
or  deputy  supervisor  of  a  writtiMi  comi)laint  specifically  setting  forth 
the  condition  complained  against,  signed  by  a  person,  firm,  corporation 
or  association  owning  land  or  operating  wells  within  a  radius  of  one 
mile  of  any  well  or  group  of  wells  complained  against,  or  upon  the 
written  complaint  specifically  setting  forth  the  condition  complained 
against,  signed  by  any  one  of  the  board  of  commissioners  for  the  district 
in  which  said  well  or  group  of  wells  complained  against  is  situated,  the 
supervisor  must  make  an  investigation  of  said  well  or  wells  and  render 
a  written  report  stating  the  work  required  to  repair  the  damage  com- 
plained of,  or  stating  that  no  work  is  required.  A  copy  of  said  order 
must  be  delivered  to  the  complainant,  or  if  more  than  one,  each  of  said 
complainants,  and  if  the  supervisor  order  the  damage  repaired,  a  copy 
of  such  order  shall  be  delivered  to  each  of  the  owners,  operators  or 
agents  having  in  charge  the  well  or  wells  upon  which  the  work  is  to  be 
done.  Said  order  shall  contain  a  statement  of  the  conditions  sought 
to  be  remedied  or  repaired  and  a  statement  of  the  work  recpiired  by  the 


Act  2213b,  §  12  GENERAL    LAWS.  1068 

supervisor  to  repair  such  condition.  Service  of  such  copies  sliall  be 
made  by  mailing  to  sucli  persons  at  the  postoffice  address  given. 
[Amendment  approved  June  1,  1917;  Stats.  1917,  p.  1592.] 

§  12.  Oaths  and  subpoenas.  Depositions.  Refusal  to  comply  with 
order,  etc.,  misdemeanor.  In  any  proceeding  before  the  board  of  com- 
missioners as  herein  provided,  or  in  any  other  proceeding  or  proceedings 
instituted  by  the  supervisor  for  the  purpose  of  enforcing  or  carrying 
out  the  provisions  of  this  act,  or  for  the  purpose  of  holding  an  investi- 
gation to  ascertain  the  condition  of  any  well  or  wells  complained  of,  or 
which  in  the  opinion  of  the  supervisor  may  reasonably  be  presumed  to 
be  improperly  drilled,  operated,  maintained  or  conducted,  the  supervisor 
and  tlie  chairman  of  the  board  of  commissioners  shall  have  the  power 
to  administer  oaths  and  may  apply  to  a  judge  of  the  superior  court  of 
the  state  of  California,  in  and  for  the  county  in  which  said  proceeding 
or  investigation  is  pending,  for  a  subpoena  for  witnesses  to  attend  at 
said  proceeding  or  investigation.  Upon  said  application  of  said  super- 
visor or  said  chairman  of  said  board  of  commissioners,  said  judge  of 
said  superior  court  must  issue  a  subpoena  directing  said  witness  to  attend 
said  proceeding  or  investigation;  provided,  however,  that  no  person  shall 
be  required  to  attend  upon  such  proceeding,  either  with  or  without  such 
books,  papers,  documents  or  accounts  unless  residing  within  the  same 
county  or  within  thirty  miles  of  the  place  of  attendance.  But  the 
supervisor  or  the  chairman  of  the  board  of  commissioners  may  in  such 
case  cause  the  depositions  of  witnesses  residing  within  or  without  the 
state  to  be  taken  in  the  manner  i:)reseribed  by  law  for  like  depositions 
in  civil  actions  in  superior  courts  of  this  state,  and  to  that  end  may, 
upon  application  to  a  judge  of  the  superior  court  of  the  county  within 
which  said  proceeding  or  investigation  is  pending,  obtain  a  subpoena 
compelling  the  attendance  of  witnesses  and  the  i^roduetion  of  books, 
papers  and  documents  at  such  places  as  he  may  designate  within  the 
limits  hereinbefore  prescribed.  Witnesses  shall  be  entitled  to  receive 
the  fees  and  mileage  fixed  by  law  in  civil  causes,  payable  from  the 
fund  hereinafter  created.  In  case  of  failure  or  neglect  on  the  part  of 
any  person  to  comply  with  any  order  of  the  supervisor  as  hereinbefore 
j)rovided,  or  any  subpoena,  or  upon  the  refusal  of  any  witness  to  testify 
to  any  matter  regarding  which  he  may  lawfully  be  interrogated,  or 
u])on  refusal  or  neglect  to  appear  and  attend  at  any  proceeding  or  hear- 
ing on  the  day  specified,  after  having  received  a  written  notice  of  not 
less  tlian  ten  days  prior  to  such  proceeding  or  hearing,  or  upon  his 
failure,  refusal  or  neglect  to  produce  books,  papers  or  documents  as 
demanded  in  said  order  or  subpoena  upon  such  day,  such  failure,  re- 
fusal or  neglect  shall  constitute  a  misdemeanor  and  each  day's  further 
failure,  refusal  or  neglect  shall  be  and  be  deemed  to  be  a  separate  and 
distinct  offense,  and  it  is  liereby  made  the  duty  of  the  district  attorney 
of  the  county  in  which  said  proceeding,  hearing  or  investigation  is  to  be 
licM,  to  prosecute  all  persons  guilty  of  violating  this  section  by  con- 
tinuous j)rosecution  until  siicli  person  npiiears  or  attends  or  produces 
such  books,  pa[)ers  or  docnmcnls  or  (■()Mi|)li(>s  with  said  subpoena  or  order 
1)1'  t  lie  supervisor  (ir  i'1i;iirni;in  of  I  lie  Ikhii'i!  of  coinniissioncrs.  [Ainond- 
nirnl    approved  .Jnnr    I,    r.il7;   Stiils.    1!»I7,    |i.    l.")<.il.| 


1069  MINES  AND  MINING.    Act  2213b,  §§  13,  U 

§  13.  Decision  of  board.  Within  ten  days  after  hearing  the  evidence, 
the  board  of  commissioners  must  make  a  written  decision  with  respect 
to  the  order  appealed  from  and  in  case  the  same  is  affirmed  or  modified, 
shall  retain  jurisdiction  thereof  until  such  time  as  the  work  ordered 
to  be  done  by  such  order  shall  be  finally  completed.  This  written  de- 
cision shall  be  served  upon  the  owner  or  his  agent  and  shall  siipersede 
the  previous  order  of  the  supervisor.  In  case  no  written  decision  be 
made  by  said  board  of  commissioners  within  thirty  days  after  the  date 
of  notice  by  the  supervisor  as  provided  in  section  ten  hereof,  the  order 
of  the  supervisor  shall  be  effective  and  subject  only  to  re^aew  by  writ 
of  certiorari  from  the  superior  court  as  provided  in  section  fourteen 
hereof.       [Amendment  approved  June  1,  1917;  Stats.  1917,  p.  1594.] 

§  14.  Commencement  of  work.  Review  of  decision.  Extent  of  review. 
Lien  enforced.  On  or  before  thirty  days  after  the  date  of  serving  an 
order  of  the  supervisor,  provided  for  in  section  eight  hereof,  or  in  case 
of  appeal  to  the  board  of  commissioners,  on  or  before  thirty  days  after 
date  of  serving  the  decision  of  the  board,  as  provided  in  sections  12  and 
13  hereof,  or  in  the  event  review  be  taken  of  the  order  of  the  board 
of  commissioners  within  ten  days  after  affirmance  of  such  order,  the 
owner  shall  commence  in  good  faith  the  work  ordered  and  continue 
until  completion.  If  the  work  has  not  been  so  commenced  and  continued, 
to  completion,  the  supervisor  shall  appoint  agents  as  he  deems  necessary 
who  shall  enter  the  j)reniises  and  perform  the  work.  Accurate  account 
of  such  expenditures  shall  be  kept  and  the  amount  paid  from  the  fund 
hereinafter  created  upon  the  warrant  of  the  state  controller.  Any 
amount  so  expended  shall  constitute  a  lien  against  the  property  upon 
which  the  work  is  done.  The  decision  of  the  board  of  commissioners  in 
such  case  may  be  reviewed  by  writ  of  certiorari  from  the  superior  court 
of  the  county  in  which  the  district  is  situated,  if  taken  within  ten  days 
after  the  service  of  the  order  upon  said  owner,  operator  or  agent  of  said 
owner  or  operator  as  herein  provided;  or  within  ten  days  after  decision 
by  the  board  of  commissioners  upon  petitions  by  the  supervisor.  Such 
writ  shall  be  made  returnable  not  later  than  ten  days  after  the  issu- 
ance thereof  and  shall  direct  the  district  board  of  oil  and  gas  commis- 
sioners to  certify  their  record  in  the  cause  to  such  court.  On  the  return 
day  the  cause  shall  be  heard  by  the  court  unless  for  good  cause  the  same 
be  continued,  but  no  continuance  shall  be  permitted  for  a  longer  period 
than  thirty  days.  No  new  or  additional  evidence  shall  be  introduced 
in  the  court  before  the  cause  shall  be  heard  upon  the  record  of  the  dis- 
trict board  of  oil  and  gas  commissioners.  The  review  shall  not  be  ex- 
tended further  than  to  determine  whether  or  not — 

1.  The  commission  acted  without  or  in  excess  of  its  jurisdiction. 

2.  The  order,  decision  or  award  was  procured  by  fraud. 

3.  The  order,  decision,  rule  or  regulation  is  unreasonable. 

4.  The  order,  decision,  regulation  or  award  is  clearly  unsupported  by 
the  evidence. 

If  no  review  be  taken  within  ten  days,  or  if  taken  in  case  the  decision 
of  the  board  is  affirmed,  the  lien  upon  the  property  shall  be  enforced  in 
the  same  manner  as  the  other  liens  on  real  property  are  enforced,  and 
shall  first  be  enforced  against  the  owner  of  the  well,  against  the  operator 


Act  2213b,  §§  15-17  general  LxVws.  1070 

and  against  the  personal  property  and  fixtures  used  in  the  construction 
or  operation  thereof,  and  then  if  there  be  any  deficiency  against  the 
land  upon  which  the  work  is  done,  upon  the  request  of  the  supervisor, 
the  state  controller  must,  in  the  manner  provided  in  section  forty-four 
of  this  act,  bring  an  action  for  the  enforcement  of  said  lien.  [Amend- 
ment approved  June  1,  1917;  Stats.  1917,  p.  1-594.] 

§  15.  Wells  to  be  cased.  Shut-off  test.  It  shall  bo  the  duty  of  the 
owner  of  any  well  now  drilled,  or  that  may  be  drilled  in  the  state  of 
California,  on  lands  producing  or  reasonably  presumed  to  contain  petro- 
leum or  gas,  to  properly  case  such  well  or  wells  with  metal  casing,  in 
accordance  with  methods  approved  by  the  supervisor,  and  to  use  every 
effort  and  endeavor  in  accordance  with  the  most  approved  methods  to 
effectually  shut  off  all  water  overlying  or  underlying  the  oil  or  gas- 
bearing  strata,  and  to  effectually  prevent  any  water  from  penetrating 
such  oil  or  gas-bearing  strata. 

Whenever  it  appears  to  the  supervisor  that  any  water  is  penetrating 
oil  or  gas-bearing  strata,  he  may  order  a  test  of  water  shut  off  and  desig- 
nate a  day  upon  which  the  same  shall  be  held.  Said  order  shall  be  in 
written  form  and  served  upon  the  owner  of  said  well  at  least  ten  days 
prior  to  the  day  designated  in  said  order  as  the  day  upon  which  said 
shut-off  test  shall  be  held.  Upon  the  receipt  of  such  order  it  shall  be  the 
dut}-  of  the  owner  to  hold  said  test  in  the  manner  and  at  the  time  pre- 
scribed in  said  order.  [Amendment  approved  June  1,  1917;  Stats  1917, 
p.  1594.] 

§  16.  Abandonment  of  well.  It  shall  be  the  duty  of  the  owner  of  any 
well  referred  to  in  this  act,  before  abandoning  the  same,  or  before  re- 
moving the  rig,  derrick  or  other  operating  structure  therefrom,  or  remov- 
ing any  portion  of  the  casing  therefrom,  to  use  every  effort  and  en- 
deavor in  accordance  with  methods  approved  by  the  supervisor,  to  shut 
off  and  exclude  all  water  from  entering  oil-bearing  strata  encountered 
in  the  well.  Before  any  well  is  abandoned  the  owner  shall  give  written 
notice  to  the  supervisor,  or  his  local  deputy,  of  his  intention  to  abandon 
such  well  and  of  his  intention  to  remove  the  derrick  or  any  portion  of 
the  casing  from  such  well  and  the  date  upon  which  such  work  of  abandon- 
ment or  removal  shall  begin.  The  notice  shall  be  given  to  the-  super- 
visor, or  his  local  deputy,  at  least  five  days  before  such  proposed  aban- 
donment or  removal.  The  owner  -shall  furnish  the  supervisor,  or  his 
deputy  with  such  information  as  he  may  rcfiuest  showing  the  condition 
of  the  well  and  proposed  method  of  abandonment  or  removal.  The 
suj)ervisor,  or  his  deputy,  shall  before  the  proposed  date  of  abandonment 
or"  removal,  furnish  the  owner  with  a  written  order  of  approval -of  his 
proposal  or  a  written  order  stating  what  work  will  be  necessary  before 
approval'  to  abandon  or  remove  will  be  given.  If  the  supervisor  shall 
fail  within  the  specified  time  to  give  the  owner  a  written  order  such 
failure  shall  be  considered  as  an  approval  of  the  owner's  proposal  to 
abandon  ihc.  well,  or  to  remove  the  rig  or  casing  therefrom.  [Ameud- 
incnt   ap|irov.'d  .(iiiif  1,   1917;  Stats.   1917,  p.  159(1.] 

§  17.  Notice  of  intention  to  drill.  The  owner  or  operator  of  any  well 
referred  to  in  this  a<-t  shall,  before  coiiimencing  the  work  of  drilling  an 


1071  MINES    AND    MINING.  Act  2213b,  §  18 

oil  or  gas  well,  file  with  the  supervisor,  or  his  local  deputy,  a  written 
notice  of  intention  to  commence  drilling.  Such  notice  shall  also  contain 
the  following  information:  (1)  Statement  of  location  and  elevation  above 
sea  level  of  the  floor  of  the  proposed  derrick  and  drill  rig;  (2)  the  number 
or  other  designation  by  which  such  well  shall  be  known,  which  number 
or  designation  shall  not  be  changed  after  filing  the  notice  provided  for 
in  this  section,  without  the  written  consent  of  the  supervisor  being 
obtained  therefor;  (3)  the  owner's  or  operator's  estimate  of  the  depth 
of  the  point  at  which  water  will  be  shut  oif,  together  with  the  method 
by  which  such  shut-off  is  intended  to  be  made  and  the  size  and  weight 
of  casing  to  be  used;  (4)  the  owner's  or  operator's  estimate  of  the  depth 
at  which  oil  or  gas  producing  sand  or  formation  will  be  encountered. 

After  the  completion  of  any  well  the  provisions  of  this  section  shall 
also  apply,  as  far  as  may  be,  to  the  deepening  or  redrilling  of  any  well, 
or  any  operation  involving  the  plugging  of  any  well  or  any  operations 
permanently  altering  in  any  manner  the  casing  of  any  well;  and  provided, 
further,  that  the  number  or  designation  by  which  any  well  heretofore 
drilled  has  been  known,  shall  not  be  changed  without  first  obtaining 
a  written  consent  of  the  supervisor.  [Amendment  approved  June  1, 
1917;  Stats.  1917,  p.  1596.] 

§  18.  Drilling  log.  Prospect  wells.  It  shall  be  the  duty  of  the  owner 
or  operator  of  any  well  referred  to  in  this  act,  to  keep  a  careful  and 
accurate  log  of  the  drilling  of  such  well,  such  log  to  show  the  character 
and  depth  of  the  formation  passed  through  or  encountered  in  the  drill- 
ing of  such  well,  and  particularly  to  show  the  location  and  depth  of 
the  water-bearing  strata,  together  with  the  character  of  the  water  en- 
countered from  time  to  time  (so  far  as  ascertained)  and  to  show  at 
what  point  such  water  was  shut  off,  if  at  all,  and  if  not,  to  so  state  in 
such  log,  and  show  completely  the  amounts,  kinds  and  size  of  casing 
used,  and  show  the  depth  at  which  oil-bearing  strata  are  encountered, 
the  depth  and  character  of  same,  and  whether  all  water  overlying  and 
underlying  such  oil-bearing  strata  was  successfully  and  permanently  shut 
off  so  as  to  prevent  the  percolation  or  penetration  into  such  oil-bearing 
strata;  such  log  shall  be  kept  in  the  local  office  of  the  owner  or  operator, 
and  together  with  the  tour  reports  of  said  owner  or  operator,  shall 
be  subject,  during  business  hours,  to  the  inspection  of  the  supervisor,  or 
any  of  this  deputies,  or  any  of  the  commissioners  of  the  district,  except 
in  the  case  of  a  ijrospect  well  as  hereinafter  defined.  Upon  the  comple- 
tion of  any  well,  or  upon  the  suspension  of  operations  upon  any  well, 
for  a  period  of  six  months  if  it  be  a  prospect  well,  or  for  thirty  days,  if 
it  be  in  proven  territory,  a  copy  of  said  log  in  duplicate,  and  in  such 
form  as  the  supervisor  may  direct,  shall  be  filed  within  ten  days  after 
such  completion,  or  after  the  expiration  of  said  thirty-day  period  with 
the  field  supervisor,  and  a  like  copy  shall  be  filed  upon  the  completion 
of  any  additional  work  in  the  deepening  of  any  such  well. 

The  state  oil  and  gas  supervisor  shall  determine  and  designate  what 
wells  are  prospect  wells  within  the  meaning  of  this  act  and  no  reports 
shall  be  required  from  such  prospect  wells  until  six  months  after  the 
completion  thereof. 

The  owner  or  operator  of  any  well  drilled  previous  to  the  enactment 
of   this   act   shall   furnish    to   the   supervisor   or    his   deputy   a   complete 


Act  2213b,  §§  19-22  general  laws.  1072 

aud  correct  log  in  duplicate  and  in  such  form  as  the  supervisor  may 
direct,  or  his  deputy,  of  such  well,  so  far  as  may  be  possible,  together 
with  a  statement  of  the  present  condition  of  said  well.  [Amendment 
approved   June   1,   1917;   Stats.   1917,   p.   1597.] 

§  19.  Notice  of  shut-off  test.  It  shall  be  the  duty  of  the  owner  or 
operator  of  any  well  referred  to  in  this  act  to  notify  the  deputy  super- 
visor of  the  time  at  which  the  owner  or  operator  shall  test  the  shut-off 
of  water  in  any  such  well.  Such  notice  shall  be  given  at  least  five  days 
before  such  test.  The  deputy  supervisor  or  an  inspector  designated  by 
the  supervisor  shall  be  present  at  such  test  and  shall  render  a  report 
in  writing  of  the  result  thereof  to  the  supervisor,  a  duplicate  of  which 
shall  be  delivered  to  the  owner.  If  any  test  shall  be  unsatisfactory  to 
the  supervisor  he  shall  so  notify  the  owner  or  operator  in  said  report 
and  shall  within  five  days  after  the  completion  of  such  test,  order  ad- 
ditional tests  of  such  work  as  he  deems  necessary  to  properly  shut  off 
the  water  in  such  well  and  in  such  order  shall  designate  a  day  upon 
which  the  owner  or  operator  shall  again  test  the  shut-off  of  water  in 
any  such  well,  which  day  may,  upon  the  application  of  the  owner,  be 
changed  from  time  to  time  in  the  discretion  of  the  deputy  supervisor. 
[Amendment  approved  .June  1,  1917;  Stats.  1917,  p.  1.597.] 

§  20,  Statement  of  oil  produced.  It  shall  be  the  duty  of  every  person, 
association  or  corporation  producing  oil  in  the  state  of  California,  to 
file  with  the  supervisor,  at  his  request  but  not  oftener  than  once  in  each 
month,  a  statement  showing  amount  of  oil  produced  during  the  period 
indicated  from  each  well,  together  with  its  gravity  and  the  amount  of 
water  j^roduced  from  each  well,  estimated  in  accordance  with  methods 
approved  by  the  supervisor,  and  the  number  of  days  during  which  fluid 
was  produced  from  each  well,  the  number  of  wells  drilling,  jn'oducing, 
idle  or  abandoned,  owned  or  operated  by  said  person,  association  or  cor- 
poration; provided,  that,  upon  request  and  satisfactory  showing  a  longer 
interval  may  be  fixed  by  the  state  oil  aud  gas  supervisor  as  to  such  reports 
in  the  case  of  any  sj^ecific  owner  or  operator. 

This  information  shall  be  in  such  form  as  the  supervisor  may  designate. 
I  Amendment  approved  ,lune  1,  1917;  Stats.  1917,  p.  1598.] 

§  21a.  Primary  interest  of  state.  The  charges  hereinafter  provided 
for  are  iliT-ected  to  be  levied  by  the  state  of  California  as  necessary  in 
the  exorcise  of  its  police  power  and  to  provide  a  means  by  which  to 
supervise  and  protect  deposits  of  petroleum  and  gas  witin  the  state  of 
California,  in  which  deposits  the  |)eople  of  the  state  of  California  are 
hereby  declared  lo  have  a  primary  and  supremo  interest.  [New  section 
added  June   1,    1917;  Stats.  1917,  p.  1598.] 

§  22.  Charges  for  support  of  department.  Charges  levied,  assessed 
and  collected  as  hereinafter  provided  upon  the  properties  of  every  per- 
son, firm,  corporation  or  association  operating  any  well  or  wells  for  the 
|irr)dncfion  of  jict rulcuni  in  this  state,  or  operating  any  well  or  wells 
tor  tiir  incHJiirM  ion  of  n;itiir;il  gas  in  this  state  which  gas  wells  are  situate 
on  Iniids  sihiatr  within  two  miles,  as  near  as  may  be,  of  any  petroleum 
or  gns   well    the    iJiodnrt  inn    of    which    is   chargeable    undci'   this   act,   shall 


1073  MINES  AND  MINLNG.         Act  22131),  §§  24-.'5(i 

be  used  exclusively  for  the  support  and  maiutenancc  of  the  department 
of  petroleum  and  gas  hereinbefore  created,  and  shall  be  assssed  and 
levied  by  the  state  mineralogist,  and  collected  in  the  manner  herein- 
after provided.  [Amendment  approved  June  1.  1917;  Stats.  1917, 
p.  1598.] 

§24.  Annual  charge  on  gas.  Every  person,  firm^  corporation  or  asso- 
ciation operating  any  gas  well  or  wells  in  this  state  shall  annually 
pay  a  charge  to  the  state  treasurer  based  upon  the  amount  of  gas  sold 
in  the  preceding  calendar  year,  at  a  fixed  rate  per  thousand  cubic  feet, 
at  the  times  and  in  the  manner  hereinafter  provided,  based  upon  a  veri- 
fied report  as  herein  provided.  [Amendment  approved  .June  1,  1917; 
Stats.  1917,  p.  1599.] 

§  27.  Estimate  of  moneys  required.  The  state  mineralogist  shall  an- 
nually, on  or  before  the  first  Monday  in  March,  acting  in  conjunction 
with  the  state  board  of  control,  make  art  estimate  of  the  amount  of 
moneys  which  shall  be  required  to  carry  out  the  provisions  of  this  act. 

At  the  time  of  making  such  estimate,  the  state  mineralogist  shall  re- 
port to  the  state  board  of  control  the  amount  of  money  in  the  petroleum 
and  gas  fund  on  the  day  such  estimate  is  made,  less  the  amount  of 
money  necessary  for  the  support  of  the  department  of  petroleum  and 
gas  for  the  remainder  of  the  fiscal  year,  and  the  amount  of  such  esti- 
mate shall  in  no  event  exceed  the  difference  between  the  amount  thus 
determined  as  remaining  in  the  petroleum  and  gas  fund  at  the  end  of 
the  fiscal  year  and  the  sum  of  one  hundred  fifty  thousand  dollars. 
[Amendment  approved  June  1,  1917;   Stats.   1917,  p.   1599.] 

§  31.  Penalty.  Any  person,  firm,  corporation  or  association  failing 
or  refusing  to  make  or  furnish  any  report  which  may  be  required  pur- 
suant to  the  provisions  of  this  act,  or  who  willfully  renders  a  false  or 
fraudulent  report,  shall  be  guilty  of  a  misdemeanor  and  subject  to  a  fine 
of  not  less  than  three  hundred  dollars,  nor  more  than  one  thousand  dol- 
lars, or  by  imprisonment  in  the  county  jail  not  exceeding  six  months, 
or  both  such  fine  and  imprisonment  for  each  such  offense.  [Amend- 
ment approved  June  1,  1917;  Stats.  1917,  p.  1599.] 

§  33.  Determination  of  rate.  On  or  before  the  third  Monday  before 
the  first  Monday  in  July  of  each  year,  the  state  mineralogist  shall  de- 
termine the  rate  or  rates  which  shall  produce  the  sums  necessary  to  be 
raised  as  provided  in  section  twenty-seven  of  this  act.  Within  the  same 
time  the  said  state  mineralogist  shall  extend  into  the  proper  column  of 
the  record  of  assessments  hereinafter  provided  for,  the  amount  of  cliarges 
due  from  each  person,  firm,  corporation  or  association.  [Amendment  ap- 
proved June  1,  1917;  Stats.  1917,  p.  1599.] 

§36.  Notice  of  assessment  published.  On  the  third  Monday  before 
the  first  Monday  in  July  of  each  year  the  state  mineralogist  shall  cause 
to  be  published  a  notice,  one  or  more  times,  in  a  daily,  or  weekly,  or 
semi-weekly  newspaper  of  general  circulation  published  in  the  counties 
of  Fresno,  Kern,  Los  Angeles,  Orange,  Ventura  and  Santa  Barbara,  and 
such  other  counties  as  may  contain  lands  or  produce  oil  or  gas  charged 
68 


Act  2213b,  §§  37-40  gkneral  laws.  1074 

under  and  pursuant  to  the  terms  and  provisions  of  this  act,  if  one  be 
published  therein,  otherwise  in  a  newspaper  of  general  circulation  pub- 
lished in  the  county  nearest  to  such  county  designated  herein  in  which 
no  such  paper  is  published,  that  the  assessment  of  property  and  levy 
of  charges  under  and  in  pursuance  of  this  act  has  been  completed  and 
that  the  records  of  assessments  containing  the  charges  due  will  be  de- 
livered to  the  state  controller  on  the  first  Monday  in  July,  and  that  if 
any  person,  firm,  corporation  or  association  is  dissatisfied  with  the  assess- 
ment made  or  charge  fixed  by  the  state  mineralogist,  he  or  it  may,  at  any 
time  before  said  first  Monday  in  July,  apply  to  said  board  of  review, 
correction  and  equalization  to  have  the  same  corrected  in  any  particular. 
The  said  board  shall  have  the  power  at  any  time  before  said  first  Mon- 
day in  July  to  correct  the  record  of  assessments  and  may  increase  or 
decrease  any  assessment  or  charge  therein  if  in  its  judgment  the  evi- 
dence presented  or  obtained  warrants  such  action.  Costs  of  such  pub- 
lication in  any  county  shall  be  paid  from  the  petroleum  and  gas  fund; 
provided,  however,  that  the  omission  to  publish  said  notice  as  hereinbe- 
fore and  in  this  section  provided,  shall  not  affect  the  validity  of  any 
assessment  levied  under  or  pursuant  to  the  provisions  of  this  act. 
[Amendment  approved  June  1,  1917;   Stats.   1917,  p.  1600.] 

§  37.  Record  of  assessments  and  charges.  The  state  mineralogist 
must  prepare  each  year  a  book  in  one  or  more  volumes,  to  be  called  the 
"Record  of  assessments  and  charges  for  the  petroleum  and  gas  fund," 
in  which  must  be  entered,  either  in  writing  or  printing,  or  both  writing 
and  printing,  each  assessment  and  levy  or  charge  made  by  him  upon  the 
property  provided  to  be  assessed  and  charged  under  this  act,  describing 
the  property  assessed,  and  such  assessments  may  be  classified  and  entered 
in  such  separate  parts  of  said  record  as  said  state  mineralogist  shall  pre- 
scribe.     [Amendment  approved  June  1,  1917;  Stats.  1917,  p.  1600.] 

§  38.  Record  delivered  to  controller.  On  the  first  Monday  in  July  the 
state  mineralogist  must  deliver  to  the  state  controller  the  record  of 
assessments  and  charges  for  the  petroleum  and  gas  fund,  certified  to 
by    said   state    mineralogist,   which   certificate    shall   be    substantially   as 

follows:   "   I,  ,   state   mineralogist,   do   hereby   certify   that  between 

tlie  first  Monday  in  March  and  the  first  Monday  in  July,  19 — ,  made 
diligent  inquiry  and  examination  to  ascertain  all  property  and  persons, 
firms,  corporations  and  associations  subject  to  assessment  for  the  pur- 
pose of  the  petroleum  and  gas  fund  as  required  by  the  provisions  of 
the  act  of  legislature  approved  .June  10,  1915,  providing  for  the  assess- 
ment and  collection  of  charges  for  oil  protection;  that  T  have  faithfulOy 
complied  with  all  the  duties  imposed  upon  me  by  law;  that  I  have  not 
imi)0sed  any  unjust  or  double  assessment  through  malice  or  ill  will,  or 
otherwise;  nor  allowed  any  person,  firm,  corporation  or  association  or 
property  to  escape  a  just  assessment  or  charge  through  favor  or  regard, 
or  otherwise."  But  the  failure  to  subscribe  such  certificate  to  such 
record  of  assessments  and  charges  for  oil  protection,  or  any  certificate, 
shall  not  in  any  manner  affect  the  validity  of  any  assessment  or  charge. 
[Amendment  approved  June   1,  1917;   Stats.   1917,  p.  1600.] 

§40.  Publication  of  controller's  notice.  Within  ten  days  after  the 
reccijil    of  tlio  rci'ord   of  assesamcnts  and   duirges   Cor  oil   protection,  the 


1075  MINES  AND  MINLNG.         Act  2213b,  §§  41-43 

state  controller  iinist  begin  the  publication  of  a  notice  to  appear  daily 
for  five  days,  in  one  daily  newspaper  of  general  circulation  published 
in  each  of  the  counties  of  Fresno,  Kern,  Los  Angeles,  Orange,  Ventura 
and  Santa  Barbara,  and  such  other  counties  as  may  contain  lands  or 
produce  oil  or  gas  charged  under  or  pursuant  to  the  terms  and  provisions 
of  this  act,  if  one  be  published  therein,  otherwise  for  at  least  two  times 
in  a  weekly  or  semi-weekly  paper  of  general  circulation  published 
therein,  or  if  there  be  neither  a  daily  nor  weekly  nor  semi-weekly  paper 
of  general  circulation  published  in  any  one  of  such  counties,  then  the 
publication  of  the  notice  for  such  county  shall  be  made  in  a  similar 
manner  in  a  new^spaper  of  general  circulation  published  in  the  county 
nearest  such  county,  specifying:  (1)  That  he  has  received  from  the  state 
mineralogist  the  record  of  assessments  and  charges  for  oil  protection; 
(2)  that  the  charges  therein  assessed  and  levied  are  due  and  payable 
on  the  first  Monday  in  July  and  that  one-half  thereof  will  be  delinquent 
on  the  sixth  Monday  after  the  first  Monday  in  July  at  six  o'clock  P.  M., 
and  that  unless  paid  to  the  state  treasurer  at  the  capital  prior  thereto, 
fifteen  per  cent  will  be  added  to  the  amonnt  thereof,  and  unless  paid 
prior  to  the  first  Monday  in  February  next  thereafter  at  six  o'clock 
P.  M.,  an  additional  five  per  cent  will  be  added  to  the  amount  thereof; 
and  that  the  remaining  one-half  of  said  charges  will  become  delinquent 
on  the  first  Monday  in  February  next  succeeding  the  day  upon  which 
they  become  due  and  payable,  at  six  o'clock  P.  M.  and  if  not  paid 
to  the  state  treasurer  at  the  capital  prior  thereto,  five  per  cent  will 
be  added  to  the  amount  thereof.  Costs  of  such  publication  in  any  county 
shall  be  paid  from  the  petroleum  and  gas  fund.  [Amendment  approved 
June  1,  1917;  Stats.  1917,  p.  1601.] 

§  41.  Assessments  constitute  lien.  The  assessments  and  charges  levied 
under  the  provisions  of  this  act  shall  contitute  a  lien  upon  all  the  prop- 
erty of  every  kind  and  nature  belonging  to  the  persons,  firms,  corpora- 
tions and  associations  assessed  under  the  provisions  hereof,  which  lien 
shall  attach  on  the  first  Monday  in  March  of  each  year.  Such  lien 
shall  be  enforced  and  said  charges  collected  by  an  action  by  the  state 
controller  as  provided  in  section  forty-four  of  this  act.  [Amendment 
approved  June  1,  1917;  Stats.  1917,  p.  1601.] 

§  42.  Charges  paid  to  state  treasurer.  All  charges  assessed  and  levied 
under  the  provisions  of  this  act  shall  be  paid  to  the  state  treasurer  upon 
the  order  of  the  state  controller.  The  controller  must  mark  the  date 
of  payment  of  any  charge  on  the  record  of  assessments  for  the  petroleum 
and  gas  fund  and  shall  give  a  receipt  for  such  payment  in  such  form 
as  the  controller  may  prescribe.  Errors  appearing  upon  the  face  of  any 
assessment  on  said  record  of  assessments  or  overcharges  may  be  cor- 
rected by  the  controller  by  and  with  the  consent  of  the  state  board 
of  control,  in  such  manner  and  at  such  time  as  said  controller  and  said 
board  shall  agree  upon.  [Amendment  approved  June  1,  1917;  Stats.  1917, 
p.   1602.] 

§  43.     Action  to  recover  damages.     Procedure.     Failure  to  "bring  action. 

Any  person,  firm,  corporation  or  association  clainiiug  and  ]irotestijig  as 
herein  provided   that  the   assessment   made   or   charges   assessed   against 


Act  2213b,  §  i-i  GENERAL    LAWS.  1076 

liim  or  it  by  the  state  mineralogist  is  void,  in  whole  or  in  part,  may 
bring  an  action  against  the  state  treasurer  for  the  recovery  of  the  whole 
or  any  part  of  such  charges,  penalties  or  costs  paid  on  such  assessment, 
upon  the  grounds  stated  in  said  protest,  but  no  action  may  be  brought" 
later  than  the  third  Monday  in  February  next  following  the  day  upon 
which  the  charges  were  due,  nor  unless  such  jjerson,  firm,  corporation 
or  association  shall  ha^'e  filed  with  the  state  controller  at  the  time  of 
payment  of  such  charges,  a  written  protest  stating  whether  the  whole 
assessment  or  charge  is  claimed  to  be  void,  or  if  a  part  only,  what  part, 
and  the  grounds  upon  which  such  claim  is  founded,  and  when  so  paid 
under  protest  the  payment  shall  in  no  case  be  regarded  as  voluntary. 

Whenever,  under  the  provisions  of  this  section,  an  action  is  com- 
menced against  the  state  treasurer,  a  copy  of  the  complaint  and  of  the 
summons  must  be  served  upon  the  treasurer,'  or  his  deputy.  At  the 
time  the  treasurer  demurs  or  answers,  he  may  demand  that  the  action 
be  tried  in  the  superior  court  of  the  county  of  Sacramento,  which  de- 
mand must  be  granted.  The  attorney  employed  by  the  state  oil  and  gas 
supervisor  must  defend  such  action;  provided,  however,  the  said  miner- 
alogist may  at  the  request  of  the  said  oil  and  gas  supervisor  employ 
additional  counsel,  the  expense  of  which  employment  shall  be  paid  from 
the  petroleum  and  gas  fund.  The  provisions  of  the  Code  of  Civil  Pro- 
cedure relating  to  pleadings,  proofs,  trials  and  appeals  are  applicable 
to  the  proceedings  herein  provided  for. 

A  failure  to  begin  such  action  within  the  time  herein  specified  shall 
be  a  bar  against  the  recovery  of  such  charges.  In  any  such  action 
the  court  shall  have  the  power  to  render  judgment  for  the  plaintiff  for 
any  part  or  portion  of  the  charge,  penalties,  or  costs  found  to  be  void 
and  so  paid  by  plaintiff  upon  such  assessment.  [Amendment  approved 
June  1,  1917;   Stats.  1917,  p.  1602.] 

§  44.  Action  to  collect  delinciueiit  charges.  Procedure.  The  state 
controller  shall,  on  or  before  the  thirtieth  day  of  May  next  following 
the  delinquency  of  any  charge  as  provided  in  this  act,  bring  an  action 
in  a  court  of  competent  jurisdiction,  in  the  name  of  the  people  of  the 
state  of  California,  in  the  county  in  which  the  property  assessed  is  situ- 
ated, to  collect  any  delinquent  charges  or  assessments,  together  with 
any  penalties  or  costs,  which  have  not  been  paid  in  accordance  with  the 
provisions  of  this  act  and  appearing  delinquent  upon  the  records  of 
assessments  and  charges  for  the  petroleum  and  gas  fund  in  this  action 
jirovided  for. 

The  attorney  for  the  state  oil  and  gas  supervisor  shall  commence  and 
l>rosecutc  such  action  to  final  judgment  and  the  provisions  of  the  Code 
of  Civil  Procedure  relating  to  service  of  summons,  pleadings,  proofs, 
trials  and  appeals  are  applicable  to  the  proceedings  herein  provided  for. 
The  state  mineralogist  may  employ  additional  counsel  to  assist  the 
attorney  for  the  state  oil  and  gas  supervisor,  and  the  expense  of  such 
employment  shall  be  paid  from  the  petroleum  and  gas  fund. 

Payments  of  the  i)ena]ties  and  charges,  or  amount  of  the  judgment 
recovered  in  sucli  action  must  be  made  to  the  state  treasurer.  In  sucii 
actions  the  rcionl  of  assessment  and  charges  for  oil  protection,  or  a 
cofty   of  HO    iiinch    thereof   as    is   ai)|)iicable   in   said    action,   duly   certified 


1077  MINES  AND  MINING.        Act  2213b,  §§  46-48 

by  the  controller  showing  unpaid  charges  against  any  person,  firm,  cor- 
poration or  association  assessed  by  the  state  mineralogist  is  prima  facie 
evidence  of  the  assessment  upon  the  property,  the  delinquency,  the 
amount  of  charges,  penalties,  and  costs  due  and  unpaid  to  the  state, 
and  that  the  person,  firm,  corporation  or  association  is  indebted  to  tlie 
people  of  the  state  of  California  in  the  amount  of  charges  and  penalties 
therein  appearing  unpaid  and  that  all  forms  of  law  in  relation  to  tlie 
assessment  of  such  charges  have  been  complied  with.  [Amendment 
approved  June  1,  1917;  Stats.  1917,  p.  1603.] 

§  46.  Petroleum  and  gas  fund.  All  the  moneys  heretofore  paid  to 
the  state  treasurer  under  or  pursuant  to  the  provisions  of  this  act  and 
deposited  to  the^  credit  of  the  oil  protection  fund,  shall  be  withdrawn 
from  said  fund,  which  is  hereby  abolished,  and  deposited  to  the  credit 
of  the  petroleum  and  gas  fund  which  is  hereby  created.  All  of  the 
moneys  hereafter  paid  to  the  state  treasurer  under  or  pursuant  to  the 
provisions  of  this  act  shall  be  deposited  to  the  credit  of  the  petroleum 
and  gas  fund.  All  moneys  in  such  fund  shall  be  expended  under  the 
direction  of  the  state  mineralogist,  drawn  from  such  fund  for  the  pur- 
pose of  this  act  upon  warrants  drawn  by  the  controller  of  the  state, 
upon  demands  made  by  the  state  mineralogist,  and  audited  by  the  state 
board  of  control.  Of  the  moneys  in  said  petroleum  and  gas  fund,  when 
such  action  has  been  authorized  by  the  state  board  of  control,  the  state 
mining  bureau  may  withdraw,  without  at  the  time  furnishing  vouchers 
and  itemized  statements,  a  sum  not  to  exceed  five  hundred  dollars, 
said  sum  so  drawn  to  be  used  as  a  revolving  fund  where  cash  advances 
are  necessary.  At  the  close  of  each  fiscal  year,  or  at  any  other  time, 
upon  demand  of  the  board  of  control,  the  moneys  so  drawn  shall  be 
accounted  for  and  substantiated  by  vouchers  and  itemized  statements 
submitted  to  and  audited  by  the  board  of  control.  [Amendment  ap- 
proved June  1,  1917;  Stats.  1917,  p.  1603.] 

§  47.  Repair  work.  All  moneys  received  in  repayment  of  repair 
work  done  under  the  order  and  direction  of  the  supervisor  as  herein- 
before provided,  shall  be  returned  and  credited  to  the  petroleum  and 
gas  fund.     [Amendment  approved  .June  1,  1917;   Stats.  1917,  p.  1601.] 

§  48.  Supervisor's  annual  report.  On  or  before  the  first  day  of  October 
of  each  and  every  year  tiie  supervisor  shall  submit  a  report  in  writing  to 
the  state  mineralogist  showing  the  total  number  of  barrels  of  petroleum 
produced  in  each  county  in  the  state  during  the  jirevious  calendar  year, 
together  with  the  total  cost  of  said  department  for  the  previous  fiscal 
year  and  the  net  amount  remaining  in  the  petroleum  and  gas  fund  avail- 
able for  the  succeeding  fiscal  year's  expense,  also  the  total  amount 
delinquent  and  uncollected  from  any  assessments  or  charges  levied  under 
or  pursuant  to  the  provisions  of  this  act.  Such  report  shall  also  include 
such  other  information  as  the  supervisor  may  deem  advisable.  The 
state  mineralogist  shall  make  public  such  statements  promptly  after 
receipt  of  the  same  from  the  supervisor  for  the  benefit  of  all  parties 
interested  therein.  [Amendment  approved  June  I  1917;  Stats.  1917, 
p.  1604.] 


Acts  2225-233 lb  general  laws.  1078 

§  49.     Certificate   showing  names    of   persons   claiming   interest.     The 

owaer  or  operator  of  any  lauds  or  tenements  subject  to  assessmeut  under 
this  act  shall,  within  six  months  after  this  act  goes  into  effect,  file  with 
the  supervisor  a  certificate  which  shall  contain  the  names  of  all  the 
parties  claiming  an  interest  in  or  to  said  lands  and  full  description  of 
the  property  and  the  names  of  all  parties  in  interest  where  such  interest 
is  held  by  lease,  license  or  assignment.  [Amendment  approved  June  1, 
1917;  Stats.  1917,  p.  1604.] 

ACT  2225. 

An  act  to  establish   a  uniform  system  of  mine  bell  signals,  to  be  used 
in  all  mines  operated  in  the  state  of  California,  and  for  the  protec- 
tion of  miners.      [Approved  March  8,    1893.     Stats.  1893,  p.  82.] 
Repealed  1917;  Stats.  1917,  p.  434. 

TITLE  356. 

MONTEREY  COUNTY. 

ACT  2317. 

An  act  to  provide  for  tlie  accomplishment  of  the  work  of  constructing 
a  breakwater  in  Monterey  Bay,  California,  as  recommended  in  the 
report  of  the  chief  of  engineers.  United  States  army,  and  printed 
in  a  document  of  the  United  States  house  of  representatives,  No. 
1084,  sixty-first  congress,  third  session,  calling  for  an  expenditure 
of  eight  hundred  thousand  dollars  and  making  an  appropriation  for 
such  work.     [Approved  March  15,  1911.     Stats.  1911,  p.  371.] 

The  act  appropriated  $200,000  for  the  purpose  indicated,  conditional 
upon  the  Unitetl  States  government  taking  charge  of  the  work  and 
appropriating  ,$(iOO,000  for  the  work. 

This  act  was  suiierscded  by  the  act  of  1917,  p.  475.     Sec  next  Act. 

ACT  2318. 

An  act  making  an  appropriation  to  aid  in  the  construction  of  a  break- 
water in  Monterey  Bay,  California.  [Approved  May  14,  1917. 
Stats.  1917,  p.  475.  '  In  effect  July  27,  1917.] 

This  act  appropriated  $200,000  for  the  purpose  indicated,  conditional 
ii])On  the  United  States  government  taking  charge  of  tlie  work  and 
aiiprojiriatiiig   not    less   than   $200,000   for   the  work. 

TITLE  360. 

MOTOR  VEHICLES. 
ACT  2331b. 

.\n  act  1o  regulate  the  use  and  operation  of  vehicles  upon  the  public 
liighways  and  elsewlierc;  to  provide  for  the  registration  and  identi- 
fication of  motor  vehicles  and  for  tiie  jiayment  of  registration  fees 
tlicrefor;  to  provide  for  the  licensing  of  ]>ersons  o|)erati7ig  motor 
.  vehicloH;  to  prohibit  certain  persons  from  operating  vehicles  upon 
the  ])ublic  highways;  to  i)rohibit  the  possession  or  use  of  a  motor 
vehicle  without  the  consent  of  the  owner  tiiereof;  and  to  proliibit 
the  od'er  to  or  acceptance  by  certain  persons  of  any  bonus  or  discount 


1079  MOTOR  VEHICLES.  Act  2331b,  §  1 

or  other  consideration  for  the  purchase  of  supplies  or  parts  for  motor 
vehicles,  or  for  work  or  repair  done  thereon;  to  provide  penalties 
for  violations  of  provisions  of  this  act,  and  to  provide  for  the  dis- 
position of  fines  and  forfeitures  imposed  thereon;  to  limit  the  power 
of  local  authorities  to  enact  or  enforce  ordinances,  rules  or  regulations 
in  regard  to  matters  embraced  within  the  provisions  of  this  act;  to 
provide  for  the  disposition  of  registration  and  license  fees,  fines  and 
forfeitures  collected  hereunder;  to  create  a  motor  vehicle  department 
and  to  provide  for  the  organization  and  conduct  thereof;  to  provide 
for  carrying  out  the  objects  of  this  act,  and  to  make  appropriation 
therefor;  and  to  repeal  all  acts  or  parts  of  acts  in  conflict  with  this 
act. 

[Approved  May  10,  1915.     Stats.  1915,  p.  397.] 

Amended  1917;  Stats.  1917,  p.  382. 
The  amendment  of  1917  follows: 

§  1.  Words  and  phrases  defined.  The  words  and  phrases  used  in  this 
act  shall  for  the  purposes  of  this  act,  unless  the  same  be  contrary  to 
or  inconsistent  with  the  context,  be  construed  as  follows:  (1)  "motor 
vehicle"  shall  include  all  vehicles  propelled  otherwise  than  by  muscular 
power,  except  trailers  and  such  vehicles  as  run  upon  stationarj^  rails  or 
tracks;  (2)  "automobile"  shall  include  all  motor  vehicles  excepting 
motorcycles;  (3)  "motorcycle"  shall  include  all  motor  vehicles  designed 
to  travel  on  not  more  than  three  wheels  in  contact  with  the  ground,  and 
of  not  exceeding  ten  horse-power,  and  of  not  exceeding  the  weight  of 
five  hundred  pounds  unladen;  provided,  however,  that  any  motor  vehi- 
cle which  shall  be  operated  on  the  public  highway  drawing  a  trailer 
shall  be  deemed  to  be  an  automobile  for  all  the  purposes  of  this  act; 
and  provided,  further,  that  for  the  pui-poses  of  this  act  a  trailer  shall  be 
deemed  to  be  anj-  vehicle  which  is  at  any  time  drawn  upon  the  public 
highway  by  a  motor  vehicle,  excepting  any  implements  of  husbandry 
temporarily  drawn,  propelled  or  moved  upon  such  highway;  (4)  "high- 
way" shall  include  any  public  highway,  county  road,  state  highway  or 
state  road,  public  street,  avenue,  alley,  park,  parkway,  driveway,  square 
or  place,  bridge,  viaduct,  trestle,  or  any  other  territory  or  structure, 
whether  public  or  private,  designed,  intended  or  used  by  or  for  the  gen- 
eral public  for  the  passage  of  vehicles,  in  any  county,  or  incorporated 
city  and  county,  city  or  town  within  the  state  of  California;  (5)  "business 
district"  shall  mean  the  territory  of  any  county  or  incorporated  city  and 
county,  city  or  town,  contiguous  to  a  public  highway,  which  is  on  the 
line  of  said  highway  mainly  built  up  with  structures  devoted  to  business; 
provided,  that  the  local  authorities  having  charge  of  such  highway  shall 
have  placed  conspicuously  thereon  at  the  boundary  lines  of  such  business 
district,  signs  of  sufficient  size  to  be  easily  readable  by  a  person  using 
the  highway,  bearing  the  words  "business  district — slow  down  to  fifteen 
miles  an  hour,"  and  also  an  arrow  pointing  in  the  direction  of  said  busi- 
ness district;  (6)  "closely  built  up"  shall  mean  the  territory  of  any 
county  or  incoi'porated  city  and  county,  city  or  town,  contiguous  to  a 
public  highway,  which  is  on  the  line  of  said  highway  not  mainly  devoted 
to  business,  where  for  not  less  tha.n  a  quarter  of  a  mile  the   dwelling- 


Act  2331b,  §  1  GENERAL    LAWS.  1080 

houses  and  business  structures  on  such  highway  average  less  than  one 
hundred  feet  apart;  provided,  that  the  local  authorities  having  charge 
of  such  highway  shall  have  placed  conspicuously  thereon  at  the  bound- 
ary lines  of  such  district,  signs  of  sufficient  size  to  be  easily  readable 
by  a  person  using  the  highway,  bearing  the  words  "speed  limit  twenty 
miles  an  hour,"  and  also  an  arrow  pointing  in  the  direction  of  said  closely 
built  up  district;  (7)  "local  authorities"  shall  include  all  boards  of  super- 
visors, trustees  or  councils,  commissions,  committees,  and  other  public 
officials  of  counties,  incorporated  cities  and  counties,  cities  or  towns,  or 
municipal  or  quasi-municipal  corporations  when  such  officials  possess  or 
exercise  legislative  or  police  powers;  (8)  "chauffeur"  shall  mean  any 
person  who  operates  an  automobile  in  the  transportation  of  persons  and 
who  receives  any  compensation  for  such  service  in  wages,  commission 
or  otherwise,  paid  directly  or  indirectly,  or  who  as  owner  or  employee 
operates  an  automobile  carrying  passengers  for  hire;  provided,  however, 
that  this  definition  shall  not  include  manufacturers'  agents,  proprietors 
of  garages  and  dealers,  salesmen,  mechanics,  or  demonstrators  of  auto- 
mobiles in  the  ordinary  course  of  their  business;  (9)  the  term  "state"  as 
used  in  this  act,  except  where  otherwise  expressly  provided,  shall  also 
include  the  territories,  federal  districts  and  insular  possessions  of  the 
United  States;  (10)  "nonresidents"  shall  mean  residents  of  states  or 
countries  other  than  the  state  of  California  whose  sojourn  in  this  state, 
or  whose  occupation  of  their  regular  place  of  abode  or  business  in  this 
state,  if  any,  covers  a  total  period  of  less  than  three  months  in  the  cal- 
endar year;  (11)  "owner"  shall  include  any  person,  firm,  association, 
or  corporation,  having  the  lawful  use  or  control,  or  the  right  to  the  use 
or  control,  of  a  vehicle,  under  a  lease  or  otherwise,  for  a  period  of  ten 
or  more  successive  days;  (12)  "manufacturer"  or  "dealer"  shall  signify 
a  person,  firm,  association,  or  corporation  regularly  in  the  business  of 
having  in  his,  its  or  their  possession  vehicles  for  sale  or  trade  and  for 
use  and  operation  pursuant  thereto,  and  shall  be  considered  owners  of 
vehicles  manufactured  or  dealt  in  by  them  for  the  purposes  of  this  act, 
prior  to  sale  and  delivery  thereof,  and  of  all  vehicles  in  their  possession 
and  operated  or  driven  by  them  or  by  their  employees;  provided,  how- 
ever, tliat  anything  to  the  contrary  herein  notwithstanding,  the  deter- 
mination of  the  motor  vehicle  department  shall  be  final  and  conclusive 
upon  the  question  whether  or  not  an  applicant  for  registration  shall  be 
a  manufacturer  or  dealer  within  the  meaning  and  intent  of  this  act;  (13) 
"garage"  shall  mean  every  place  of  business  where  motor  vehicles  are 
received  for  housing,  storage  or  rejjair,  for  compensation;  (14)  "inter- 
secting highway"  sliall  mean  any  highway  which  joins  another  at  an 
angle,  whether  or  not  it  crosses  the  other;  (15)  "operator"  shall  moan 
any  |)erson  other  than  a  chauffeur  wlio  operates  a  motor  vehicle  and  any 
pcisiiti  vvlio  operates,  rides,  drives  or  propels  any  vehicle  other  than  a 
motor  vehicle;  (16)  "person"  shall  include  any  corporation,  association, 
copartnership,  company,  firm,  or  other  aggregation  of  individuals;  and 
where  the  term  "ficrsori"  is  used  in  connection  with  the  registration  of 
a  vcliicic,  it  slinll  include  any  corporation,  association,  copartnership, 
company,  firm,  or  otlicr  aggregation  of  individuals  which  owns  or  con- 
trols such  veliide  as  actual  owner,  or  for  the  purpose  of  sale  or  for 
renting,  whether  as  agent,  salesman,  or  otherwise;   (17)   "department"  as 


1081  MOTOK  VEHICLES.  Act  2331b,  §  :} 

used  in  this  act  shall  mean  the  motor  vehicle  department  of  California, 
acting  directly  or  through  its  duly  authorized  agent;  (18)  "vehicle"  shall 
include  every  wagon,  hack,  coach,  carriage,  omnibus,  bicycle,  tricycle, 
automobile,  cyclecar,  motorcycle,  truck,  trailer,  traction  engine,  tractor, 
or  other  conveyance  or  contrivance  for  moving  persons,  animals  or  things, 
in  whatever  manner  and  by  whatever  force  or  power  the  same  may  be 
ridden,  driven,  propelled,  drawn  or  moved,  which  is  ridden,  driven,  pro- 
pelled, drawn  or  moved  on  the  public  highway,  including  implements  of 
husbandry  temporarily  drawn,  propelled  or  moved  on  the  public  highway, 
and  excepting  only  conveyances  drawn  or  propelled  by  pedestrians,  and 
railroad,  street  or  interurban  cars,  engines  and  motors  moving  upon 
stationary  rails  or  tracks;  (19)  the  city  and  county  of  San  Francisco 
shall  be  considered  a  county;  (20)  "net  receipts"  shall  signify  the  balance 
remaining  of  the  money  paid  to  the  department  in  conformity  with  the 
provisions  of  this  act  after  the  payment  of  all  salaries,  expenses  and 
refunds  incident  to  the  administration  and  enforcement  of  this  act;  (21) 
"specially  constructed"  motor  vehicle  shall  mean  a  motor  vehicle  which 
shall  not  have  been  originally  constructed  under  a  distinctive  name, 
make,  model  or  type  by  a  generally  recognized  manufacturer  of  motor 
vehicles;  provided,  that  in  case  of  dispute  the  determination  of  said 
department  as  to  the  character  of  construction  of  any  such  motor  vehicle 
shall  be  conclusive;  (22)  "reconstructed  motor  vehicle"  shall  mean  a 
motor  vehicle  which  shall  have  been  assembled  or  constructed  largely 
by  means  of  essential  parts,  new  or  used,  derived  from  other  motor  ve- 
hicles or  makes  of  motor  vehicles  of  various  names,  models  or  types,  or 
which,  if  originally  otherwise  constructed,  shall  have  been  materially 
altered  by  the  removal  of  essential  parts  or  by  the  addition  or  substi- 
tution of  essential  parts,  new  or  used,  derived  from  other  motor  vehicles 
or  makes  of  motor  vehicles;  provided,  that  for  the  purpose  of  this  act 
the  term  "essential  parts"  shall  include  not  only  integral  parts  but  also 
body  parts,  such  as  fenders,  hood,  cowl,  and  other  parts  the  removal, 
alteration  or  substitution  of  which  will  tend  to  conceal  the  identity  or 
substantially  alter  the  appearance  of  the  motor  vehicle;  and  provided, 
further,  that  in  ease  of  dispute  the  determination  of  said  department  as 
to  the  character  of  such  assembly,  reconstruction  or  alteration  shall  be 
conclusive;  (28)  "imported  motor  vehicle"  shall  mean  any  motor  vehicle 
which  shall  be  brought  into  the  state  from  another  country  or  state 
otherwise  than  in  the  ordinary  course  of  business  by  or  through  a  Tuanu- 
facturer  or  dealer,  and  which  has  not  been  registered  in  this  state,  ex- 
cept such  motor  vehicles,  owned  by  nonresidents,  as  arc  provided  for 
by  section  twenty-seven  of  this  act;  (24)  "highway  commission"  shall 
mean  the  appointed  members  of  the  advisory  board  of  the  department 
of  engineering  of  the  state  of  California.  [Amendment  approved  May 
10,  1917;  Stats.  1917,  p.  382.] 

§  3.  Application  for  registration.  Determination  of  horse-power.  Im- 
ported motor  vehicle.  Trailers.  Every  owner  of  a  motor  vehicle  which 
shall  be  operated  or  driven  upon  the  public  highways  shall,  for  each 
motor  vehicle  owned,  except  as  herein  otherwise  expressly  provided, 
cause  to  be  tilled,  by  mail,  or  otherwise,  with  the  department  an  appli- 
cation  for  registration   on   a   blank   to   be   furnished  by   said   department 


Act  2331b,  §  4  GENERAL   LAWS.  1082 

for  that  purpose,  containing,  in  addition  to  such  other  particulars  as 
may  be  required  by  said  department,  a  statement  of  the  name  and  post- 
office  address  of  the  applicant,  a  description  of  such  motor  vehicle, 
including  the  name  of  the  maker,  the  number,  if  any,  affixed  to  the 
motor  or  engine  by  the  maker,  the  character  of  the  motive  power,  and 
the  diameter  of  the  cylinder  bore  and  the  number  of  cylinders;  and 
with  such  application  the  applicant  shall  deposit  the  proper  registration 
fee  as  provided  in  section  seven  of  this  act;  provided,  that  for  all  the 
purposes  of  this  act  the  horse-power  of  any  motor  vehicle,  except  elec- 
tric or  steam-driven  vehicles,  shall  be  determined  by  the  formula  com- 
monly known  as  that  of  the  Association  of  Licensed  Automobile  Manu- 
facturers (A.  L.  A.  M.),  being  as  follows:  square  the  diameter  of  the 
cylinder  in  inches,  multiply  by  the  number  of  cylinders,  and  divide  by 
two  and  five-tenths;  provided,  further,  that  for  the  purposes  of  this 
act  the  horse-power  of  any  steam-driven  motor  vehicle  shall  be  the 
liorse-power  rating  fixed  and  advertised  by  the  manufacturer  thereof; 
provided,  further,  that  in  case  the  motor  vehicle  sought  to  be  registered 
shall  be  a  specially  constructed  or  a  reconstructed  motor  vehicle,  that  fact 
must  be  stated  by  the  applicant  in  his  application  for  registration  and 
he  shall  furnish  the  department  on  demand  such  additional  information 
relating  to  said  motor  vehicle  as  shall  be  satisfactory  to  the  department 
before  it  may  register  such  vehicle;  and  provided,  further,  that  in  ease 
the  motor  vehicle  sought  to  be  registered  shall  be  an  imported  motor 
vehicle,  within  the  meaning  of  this  act,  that  fact  must  be  stated  by  the 
applicant  in  his  application  for  registration,  and  he  shall  furnish  the 
department  on  demand  such  additional  information  relating  to  said 
motor  vehicle  as  shall  be  satisfactory  to  the  department  before  it  may 
register  such  vehicle,  and  in  case  such  vehicle  shall  have  been  thereto- 
fore registered  in  any  other  state  or  country,  the  applicant  shall  with 
his  original  application  for  registration  supply  the  department  with  full 
information  relating  to  such  former  registration  and  shall  surrender 
to  the  department  any  number  plates,  seals,  certificates  of  registration 
or  other  evidences  of  such  former  registration  as  may  be  in  the  appli- 
cant's possession  or  control.  Every  owner  of  a  trailer  or  trailers  which 
shall  be  drawn  upon  a  public  highway  when  any  such  trailer  shall 
exceed  one  ton  in  weight  shall  cause  to  be  filed  by  mail  or  otherwise, 
with  the  department,  an  application  for  registration  on  a  blank  to  be 
furnished  by  said  department  for  that  purpose,  containing  in  addition 
to  such  other  particulars  as  may  be  required  by  said  department,  a 
statement  of  the  name  and  postoffice  address  of  the  applicant,  and  with 
such  application  the  applicant  shall  deposit  the  proper  registration  fee,  as 
provided  in  section  seven  of  tliis  act.  [ Amend nuMit  approved  May  10, 
1917;   Stats.  1917,  p.  .38.'5.] 

§4.  Registration.  Record  posted.  Upon  the  receipt  by  the  dei)art- 
ment  of  an  application  for  registration  of  a  motor  vehicle  or  trailer  or 
trailers  accompanied  by  the  fee  required  by  section  seven  of  this  act, 
the  dej)artment  shall  file  such  application  and  if  satisfied  that  the  ap- 
plicant is  entitled  to  registration  of  said  vehicle  or  vehicles  as  the  owner 
thereof  witliin  the  meaning  (if  this  act,  and  if  all  fees  theretofore  pay- 
able  to  the  department   in  connection  witii   the   registration,  or   any  re- 


1U83  MOTOR  vEiiJCLEs.  xVct  2831b,  ^s-  5-7 

newal  thereof,  of  said  vehicle  or  vehicles  shall  have  been  duly  paid, 
shall  alphabetically,  and  also  numerically,  register  such  motor  vehicle  or 
trailer  or  trailers  with  the  name  and  postofi&ee  of  the  owner,  together 
with  the  facts  stated  in:  such  application,  in  a  book  or  on  index  cards 
to  be  kept  for  the  purpose,  under  a  distinctive  number  assigned  to  such 
motor  vehicle  or  trailer  or  trailers'  by  the  department,  which  book  or 
index  cards  shall  be  open  to  inspection  by  the  public  during  reasonable 
business  hours.  A  full  record  of  all  motor  vehicle  registration  shall 
be  posted  daily  by  the  department  upon  a  bulletin-board  so  located  so 
as  to  be  easily  accessible  to  the  public,  and  no  information  relative  to 
any  such  registrations  shall  be  made  public  by  any  employee  of  the 
department  in  advance  of  sucli  posting.  [Amendment  approved  May  10, 
1917;  Stats.  1917,  p.  386.] 

§  5.  Numbers.  Upon  the  filing  of  such  application  and  the  payment  of 
the  fee  provided  in  this  act,  the  department  shall  upon  registration  assign 
to  such  motor  vehicle  or  trailer  or  trailers  a  distinctive  registration  num- 
ber. Such  number  so  assigned  shall  be  the  number  assigned  to  such  motor 
vehicle' at  each  succeeding  registration  thereof  so  long  as  such  motor 
vehicle  shall  be  owned  by  the  owner  to  whom  the  original  assignment 
was  made,  and  upon  sale  or  transfer  of  such  motor  vehicle,  said  num- 
ber may  be  canceled  or  may  be  reassigned  as  an  original  assignment  to 
the  same  or  another  motor  vehicle,  at  the  option  of  said  department, 
subject  to  the  provisions  hereinafter  contained.  [Amendment  approved 
May  10,  1917;  Stats.  1917,  p.  387.] 

§6.  Annual  registration.  Such  registration  shall  be  renewed  annually 
in  the  same  manner  and  upon  payment  of  the  same  fee  as  provided  for 
original  registration,  such  renewal  to  take  effect  on  the  first  day  of 
January  of  each  year.  The  seals  and  certificates  of  registration  fur- 
nished  by   the   said   department   as   provided   hereinafter   shall   be    valid 

during  the   calendar   year   onh'   in  which   they   are   furnished   or   issued. 

[Amendment  approved  May  10,  1917;   Stats.  1917,  p.  387.] 

§  7.  Fees.  Chauffeurs.  Period  less  than  one  year.  The  following 
fees  shall  be  paid  to  the  department  upon  the  registration  of  a  vehicle 
in  accordance  with  the  provisions  of  this  act  and  shall  accompany  the 
application  hereinabove  provided  for:  For  the  registration  of  every 
motorcycle,  two  dollars;  for  the  registration  of  every  automobile,  ex- 
cept electric  automobiles,  the  sum  of  forty  cents  for  each  horse-power, 
or  major  fraction  thereof,  according  to  the  formula  specified  in  section 
three  of  this  act;  for  the  registration  of  every  motor  vehicle  equipped 
with  other  than  pneumatic  tires  and  used  for  commercial  purposes, 
weighing  under  four  thousand  pounds  unladen,  five  dollars  in  addition 
to  the  fees  provided  herein  for  horse-power  rating  or  for  electric  motor 
vehicles;  for  every  such  vehicle  weighing  four  thousand  pounds  and  over 
and  less  than  six  thousand  pounds  unladen,  ten  dollars  in  addition  to  the 
fees  provided  herein  for  horse-power  rating  or  for  electric  motor  vehicles; 
for  every  such  vehicle,  weighing  six  thousand  pounds  and  over  and  less 
than  ten  thousand  pounds  unladen,  fifteen  dollars  in  addition  to  the 
fees  provided  herein  for  horse-power  rating  or  for  electric  motor  vehicles; 
for  every  such  vehicle  weighing  ten  thousand  pounds  and  over  unladen. 


Act  2331b,  §  8  GENERAL    LAWS.  1084 

twenty  dollars  in  addition  to  the  fees  provided  herein  for  horse-power 
rating  or  for  electric  motor  vehicles;  for  the  registration  of  every  elec- 
tric motor  vehicle,  five  dollars;  for  the  registration  of  motor  vehicles 
owned  by  or  under  the  control  of  a  manufacturer  of,  or  dealer  in, 
motor  vehicles,  if  such  person  operates  upon  the  public  highways  not 
more  than  five  automobiles,  twenty-five  dollars,  and  two  dollars  for 
every  automobile  in  excess  of  five  so  operated,  including  the  necessary 
number  plates;  for  the  registration  of  the  motorcycles  owned  by  or 
under  the  control  of  a  manufacturer  of,  or  dealer  in  motorcycles,  and 
who  does  not  operate  upon  the  public  highway  more  than  five  motor- 
cycles, five  dollars,  and  one  dollar  for  every  motorcycle  in  excess  of  five 
so  operated,  including  the  necessary  number  plates;  for  every  registration 
number  plate  for  trailers,  two  dollars;  for  the  original  license  of  every 
chauffeur,  two  dollars,  and  for  each  annual  renewal  thereof  one  dollar; 
for  every  additional  number  plate  furnished  to  replace  such  plates  as 
have  been  lost  or  mutilated  or  which  are  illegible,  one  dollar,  which 
shall  include  seal;  for  every  seal  or  registration  certificate  furnished 
to  replace  such  as  have  been  lost  or  mutilated  or  which  are  illegible, 
fifty  cents. 

Anything  herein  to  the  contrary  notwithstanding,  if  application  for  the 
registration  of  a  motor  vehicle  or  for  an  original  chauffeur's  license  is 
made  during  the  period  beginning  on  the  first  day  of  April  and  ending 
on  the  thirtieth  day  of  June,  in  any  year,  three-fourths  of  the  annual 
fee  shall  be  paid;  if  application  is  made  during  the  period  beginuiug 
on  the  first  day  of  July  and  ending  on  the  thirtieth  day  of  September, 
one-half  of  such  annual  fee;  if  application  is  made  during  the  period 
beginning  on  the  first  day  of  October  and  ending  on  the  thirty-first  day 
of  December,  one-fourth  of  such  annual  fee.  [Amendment  approved  May 
10.  1917;   Stats.  1917,  p.  387.] 

§  8.  Number  plates  furnished.  Registration  seal.  Certificate  of 
registration.  Plates,  etc.,  furnished  without  charge.  Transfer  of  owner- 
ship. Joint  statement.  New  registration.  Person  not  intending  to 
operate.  Rebate.  Unsafe  motor  vehicle  or  trailer.  The  department 
shall  furnish  to  every  ijerson  whose  motor  vehicle  or  trailer  or  trailers 
shall  be  registered  as  aforesaid,  on  original  registration,  one  number  plate 
for  motorcycles  and  trailers;  and  two  number  plates  for  automobiles, 
the  same  to  have  displayed  upon  them  the  registration  number  assigned 
to  such  vehicle,  together  with  the  abbreviation  "Cal.,"  and  to  have 
space  provided  thereon  to  which  may  be  attached  each  year  the  regis- 
tration seal  to  be  furnished  by  the  department  as  hereinafter  provided; 
provided,  however,  that  number  plates  furnished  for  trailers  and  for 
such  motor  vehicles  as  are  exempted  by  section  two  of  this  act  from 
the  payment  of  the  fees  in  this  act  prescribed  shall  contain  suitable 
distinguishing  marks  or  symbols,  and  the  numbers  assigned  in  such 
cases  shall  run  in  different  numerical  series  from  the  numbers  assigned 
to  other  vehicles  registered  umler  the  provisions  of  this  act;  and  pro- 
vided, further,  anything  to  the  continrv  ii:  this  act  notwithstanding, 
that  it  shall  not  be  necessary  tn  apjily  for  registration  of  implements 
of  husbandry  temporarily  drawn,  moved  or  otherwise  propelled  upon 
the    public    highway,   nor   shall   it   be   necessary   for   the    department   to 


1085  MOTOR  vKiiiCLES.  Act  23311),  ^  8 

assign  any  distinguishing  numbers  to  such  implements  of  husbandry 
or  to  furnish  number  plates  for  display  thereon.  Said  department  shall 
furnish  with  each  number  plate,  and  on  each  annual  renewal  of  registra- 
tion, a  registration  seal  together  with  screws  or  other  means  of  attach- 
ment to  the  number  plate,  the  form  and  character  of  which  seal  shall 
be  uniform  for  any  one  calendar  year,  such  seal  to  be  changed  by  the 
department  as  to  design  or  color  or  both,  from  year  to  year.  Said  seal 
shall  bear  the  identical  number  shown  on  the  number  plate  to  which 
it  is  to  be  attached  and  also  the  calendar  year  for  which  it  is  issued 
and  it  shall  be  valid  only  for  such  year.  The  department  shall  also  fur- 
nish with  each  number  plate  for  motorcycles  and  with  each  pair  of 
number  plates  for  automobiles,  and  on  each  annual  renewal  of  registra- 
tion, a  certificate  of  registration  which  shall  contain  upon  the  face  thereof 
the  following  data:  The  name  of  the  registered  owner  of  the  motor 
vehicle,  his  postofficc  address,  the  make  of  the  vehicle,  the  year  model 
denoted  by  the  manufacturer,  the  model  or  letter  denoted  by  the  manu- 
facturer, if  any,  the  engine  or  motor  number,  the  registered  horse-power, 
the  registration  number  and  the  amount  of  annual  registration  fee, 
together  with  the  date  of  issue  of  the  certificate.  In  case  of  motor- 
cycles, the  manufacturer's  serial  number  shall  be  stated  in  lieu  of  the 
engine  number.  Such  certificate  shall  contain  a  blank  space  for  the 
signature  of  the  registered  owner.  The  reverse  side  of  said  certificate 
shall  contain  forms  (a)  for  notice  to  the  department  by  the  registered 
owner,  in  case  of  transfer  of  ownership,  as  hereinafter  required,  and 
(b)  for  application  to  the  department  by  the  transferee,  in  case  of 
transfer  of  said  motor  vehicle,  for  registration  thereof  in  his  name,  said, 
application  to  be  in  the  form  of  a  .ioint  statement  to  be  signed  by  both 
transferor  and  transferee  and  to  contain,  in  addition  to  such  other 
particulars  as  may  be  required  by  said  department,  a  statement  of  the 
postoffice  address  of  the  transferee  so  applying  for  registration.  Said 
certificate  shall  contain  the  identical  registration  number  denoted  on 
the  number  plate  or  plates  and  seal  in  connection  with  which  such  cer- 
tificate is  issued,  and  it  shall  be  valid  only  for  the  calendar  year  in 
which  it  is  issued.  Said  certificate  shall  be  inclosed  in  a  suitable  con- 
tainer, to  be  furnished  by  the  department,  such  container  to  have  a 
frame  of  aluminum  or  other  metal  and  to  have  a  cover  of  isinglass  or 
other  transparent  material,  through  which  such  certificate  can  be  easily 
inspected,  and  with  such  container  said  department  shall  furnish  screws 
or  other  suitable  means  of  attachment  to  the  motor  vehicle.  Said  num- 
ber plates,  seals,  certificates  and  containers  shall  be  furnished  by  the 
department  without  further  charge  than  the  fees  specified  in  section 
seven  of  this  act,  with  transportation  prepaid,  and  shall  be  of  substan- 
tial character  and  suitable  form  and  design,  to  be  determined  bj^  the 
department. 

Upon  the  transfer  of  ownership  of  any  motor  vehicle  its  registration 
shall  expire  and  the  person  in  whose  name  sxich  vehicle  is  registered 
shall  forthwith  (a)  file  with  the  department  a  notice,  upon  the  form 
furnished  by  the  department  and  attached  to  the  certificate  of  registra- 
tion, containing  the  date  of  such  transfer  of  ownership  and  the  name 
and  postoffice  address  of  the  transferee,  and,  (b)  subject  to  the  provi- 
sions   hereinafter    contained,    return    the    registration    number    plate    or 


Act  2331b,  §  8  GENERAL    LAWS.  1086 

plates  and  seal,  transportation  prepaid,  to  the  department.  In  the  case 
of  such  transfer  of  ownership  of  any  motor  vehicle  or  in  case  of  loss 
of  possession  thereof,  the  registered  owner,  provided  that  he  applies  to 
the  department  within  ten  days  after  such  transfer  or  loss  of  possession, 
may  have  assigned  to  another  motor  vehicle  the  registration  number 
of  the  motor  vehicle  so  transferred  or  lost;  provided,  further,  that  in 
such  case  of  transfer  and  application  for  reassignment  to  anottier  motor 
vehicle,  the  number  plate  or  plates  and  seals  may  be  retained  for  a 
period  of  ten  days  after  such  transfer,  and  if  application  for  such  re- 
assignment shall  have  been  made  within  said  period  they  may  be  further 
retained  until  the  department  has  either  duly  reassigned  said  number 
in  accordance  with  said  application  or  has  refused  said  application  for 
reassignment  and  has  canceled  said  number  and  demanded  surrender 
of  said  plate  or  plates  and  seals. 

Upon  the  transfer  of  ownership  of  any  motor  vehicle,  the  person  in 
whose  name  such  vehicle  is  registered  and  the  person  to  whom  ownership 
of  such  vehicle  is  to  be  transferred  shall  forthwith  join  in  a  statement 
of  said,  transfer  indorsed  upon  the  reverse  side  of  the  certificate  of 
registration  of  said  motor  vehicle  in  the  space  provided  for  said  pur- 
pose, which  statement  shall  be  signed  by  the  transferrer  in  the  manner 
and  form  of  his  signature  contained  on  the  face  of  said  certificate  and 
which  statement  shall  likewise  be  signed  by  the  transferee,  who  shall 
also  set  forth  below  his  signature  his  postoffice  address.  Said  statement 
shall  include  an  application  by  the  transferee  for  registration  of  said 
vehicle  in  his  name.  Said  certificate  so  indorsed  and  bearing  upon  the 
reverse  side  thereof  the  signatures  of  the  transferrer  and  transferee, 
shall  be  forwarded  by  the  transferee  to  the  department  together  with 
the  proper  fee  for  registration  required  by  section  seven  of  this  act. 
The  department  shall  file  said  certificate  so  jointly  indorsed  by  transferrer 
and  transferee  and  upon  receipt  of  the  proper  fee  as  above  provided 
the  department,  if  satisfied  of  the  genuineness  and  regularity  of  said 
transfer,  shall  register  said  motor  vehicle  in  the  name  of  said  transferee 
and  may  cancel  the  former  registration  number  or  assign  the  same  to  the 
same  or  another  motor  vehicle,  at  the  option  of  the  department,  subject  to 
the  other  provisions  of  this  act.  Upon  such  registration  the  department 
shall  issue  and  forward  to  the  applicant  without  further  charge  than 
as  provided  in  section  seven  of  this  act,  a  new  registration  certificate 
in  the  manner  and  form  as  hereinabove  provided  for  original  registration. 
Lentil  said  transferee  has  received  said  certificate  of  registration  and 
has  written  his  name  upon  the  face  thereof  in  the  blank  space  provided 
for  said  puqDose  by  the  department,  delivery  of  said  motor  vehicle 
shall  be  deemed  not  to  have  been  made  and  title  thereto  shall  be  deemed 
not  to  have  passed  and  said  intended  transfer  shall  be  deemed  to  be 
incomplete  and  not  to  be  valid  or  effective  for  any  purpose;  provided, 
that  where  such  transfer  is  made  to  a  manufacturer  or  dealer  to  whom 
has  been  assigned  a  general  distinguishing  number  and  who  intends  to 
resell  or  otherwise  retransfer  said  vehicle  a  certificate  of  registration 
shall  be  furnished  without  charge  to  him;  it  shall  be  in  a  distinctive 
form  and  shall  bear  such  manufacturer's  or  dealer'?  general  distinguishing 
iiuirilxT,  wherenijon  such  manufacturer  or  dealer  shall  be  entitled  to 
disjday  upon  such  vehicle  number  jilates  assigned  to  him  by  the  depart- 


1087  MOTOR  VEHICLES.  Act  2331b,  §  8 

ment  bearing  said  general  diKtinguishing  iiiunber;  l)ut  ujion  sale  or  trans- 
fer of  said  vehicle  by  such  manufacturer  or  dealer,  each  and  every  pro- 
vision herein  contained  relative  to  the  return  of  such  certificate  to 
the  department  with  the  ,join1  statement  of  transferer  and  transferee 
indorsed  thereon,  as  well  as  other  provisions  applicable  upon  transfer 
of  motor  vehicles,  shall  be  complied  with.  In  ease  of  a  transfer  of  a 
motor  vehicle  to  such  manufacturer  or  dealer  without  the  removal 
therefrom  by  the  transferee  of  the  number  plates  and  seals,  the  manu- 
facturer or  dealer  shall  forthwith  deliver  to  the  department,  transpor- 
tation prepaid,  said  number  plates  and  seals.  In  case  of  transfer  of 
ownership  of  a  motor  vehicle,  registered  under  the  provisions  of  this 
act,  by  operation  of  law,  as  upon  inheritance,  devise  or  bequest,  order 
in  bankruptcy  or  insolvency,  execution  sale,  repossession  upon  default 
in  performance  of  the  terms  of  a  lease  or  executory  sales  contract  or 
otherwise  than  by  the  voluntary  act  of  the  registered  owner,  the  notice 
of  transfer  as  well  as  the  joint  statement  hereinabove  provided  for 
shall  be  signed  by  the  executor,  administrator,  receiver,  trustee,  sheriff, 
or  other  representative  or  successor  in  interest  of  the  registered  owner 
in  lieu  of  such  owner,  and  the  transferee's  application  for  registration 
shall  be  accompanied  by  a  statement  of  the  special  facts  in  the  prem- 
ises; provided,  that  the  department  may  in  its  discretion  require  from 
the  transferee,  before  registering  such  motor  vehicle,  such  additional 
information  respe'cting  such  involuntary  loss  of  ownership  by  the  former 
registered  owner  as  may  be  satisfactory  to  the  department. 

Anything  to  the  contrary  hereinabove  notwithstanding,  upon  the 
transfer  of  ownership  of  any  motor  vehicle  to  a  person  not  intending 
either  to  operate  the  same  or  to  cause  or  permit  the  same  to  be  oper- 
ated upon  the  public  highways  and  not  intending  to  transfer  such  motor 
vehicle  to  another  person,  a  statement  by  said  transferee  of  such  fact 
or  intent  shall  accompany  the  application  for  registration,  in  which  case 
no  fee  for  registration  need  be  paid  by  the  applicant,  but  the  registra- 
tion number  plates  and  seals,  if  not  retained  by  the  transferrer,  shall  be 
forthwith  forwarded,  without  demand,  to  the  department,  whereupon 
the  department,  if  satisfied  of  the  genuineness  and  regularity  of  said 
transfer  and  if  satisfied  of  the  facts  stated  in  said  application  for  regis- 
tration, shall  register,  without  any  charge  whatever,  such  motor  vehicle 
in  the  name  of  said  transferee  and  shall  issue  and  forward  to  him  a  new 
registration  certificate,  in  a  distinctive  form  to  be  determined  by  the 
department;  provided,  that  until  said  transferee  has  received  said  regis- 
tration certificate  delivery  of  said  motor  vehicle  shall  be  deemed  not  to 
have  been  made  and  title  thereto  shall  be  deemed  not  to  have  passed  and 
said  intended  transfer  shall  be  deemed  to  be  incomplete  and  not  to  be 
valid  or  effective  for  any  purpose;  and  provided,  further,  that  nothing 
herein  contained  shall  be  so  construed  as  to  permit  such  motor  vehicle  to 
be  operated  upon  the  public  highway  under  such  distinctive  certificate 
of  registration  last  hereinabove  provided  for. 

A  person  who  transfers  the  ownership  or  loses  possession  of  a  motor 
vehicle  registered  in  his  name  or  removes  such  motor  vehicle  from  the 
state,  shall  be  entitled  to  a  rebate  bearing  the  same  proportion  to  that 
portion  of  the  fee  theretofore  paid  by  him,  a's  the  remaining  quarters 
of  the  calendar  year  bear  to  that  portion  of  the  year  for  which  said  fee 


Act  2331b,  §  9  GENERAL    LAWS.  1088 

was  paid;  provided,  that  any  such  rebate  shall  not  be  paid  excepting 
upon  a  certificate  filed  by  the  dejiartnient  with  the  state  board  of  con- 
trol, setting  forth  the  facts;  and  provided,  further,  that  such  rebates  shall 
be  paid  out  of  the  motor  vehicle  fund. 

If  the  department  shall  determine,  at  any  time,  that  for  any  reason 
a  motor  vehicle  or  trailer  is  unsafe  or  is  improperly  equipped  or  is  other- 
wise unfit  to  be  operated,  or  that  the  applicant  for  registration  thereof 
is  not  entitled  as  owner  thereof  to  such  registration,  the  department  may 
refuse  to  register  such  vehicle  and  may,  for  a  like  reason,  revoke  any 
registration  already  acquired.  [Amendment  approved  May  10,  1917; 
Stats.  1917,  p.  388.] 

§  9.  Dealers'  distinguishing  number  or  symbol.  Dealer's  agency. 
Five  pairs  of  plates  furnished.  Unlawful  use.  Written  permit  without 
registration.  Notice  of  transfer  of  motor  vehicle.  Every  manufacturer 
of,  or  dealer  in,  motor  vehicles  ma}-  make  application  to  the  <lepart- 
ment,  by  mail  or  otherwise,  upon  a  blank  provided  by  the  department, 
for  a  general  distinguishing  number  or  symbol,  instead  of  registering 
each  motor  vehicle  owned  by  him,  and  with  such  application  he  shall 
deposit  the  proper  registration  fee  as  provided  in  section  seven  of  this 
act;  and  the  department  shall  grant  the  application  if  satisfied  of  the 
facts  stated  in  the  application  and  shall  issue  to  the  applicant  a  certifi- 
cate of  registration  containing  the  name  and  business  address  of  the 
applicant  and  the  general  distinguishing  number  or  symbol  assigned  to 
him,  and  made  in  such  form  and  containing  such  further  information  as 
the  department  may  determine;  and  every  motor  vehicle  owned  or  con- 
trolled by  such  manufacturer  or  dealer  shall  be  regarded  as  registered 
under  such  general  distinguishing  number  or  symbol  until  sold,  or  until 
let  for  hire,  or  until  loaned  for  a  period  of  more  than  ten  successive 
days;  p)rovided,  that  whenever  a  manufacturer  or  dealer  shall  maintain 
a  branch  or  subagency  he  shall  apply  for  a  separate  registration  for 
such  branch  or  subagency  and  shall  pay  therefor  the  fee  provided  in 
section  seven  of  this  act  for  the  registration  of  motor  vehicles  owned 
by  or  under  the  control  of  a  manufacturer  or  dealer,  and  the  determina- 
tion of  the  department  upon  the  question  whether  any  establishment 
constitutes  a  branch  or  subagency  within  the  intent  of  this  act,  shall  be 
conclusive.  The  department  shall  furnish,  without  other  charge  than 
the  fee  specified  in  section  seven  of  this  act,  with  transportation  charges 
])repaid,  to  every  manufacturer  of  or  dealer  in  automobiles  or  motor- 
cycles applying  therefor  whose  vehicles  are  registered  in  accordance 
with  the  provisions  of  this  section,  five  pairs  of  automobile  number 
plates  or  five  single  motorcycle  number  plates,  of  suitable  design,  to- 
gether with  the  accompanying  seals,  tlie  plates  to  have  displayed  upon 
them  the  registration  number  which  is  assigned  to  the  motor  vehicles  of 
such  manufacturer  or  dealer,  with  a  different  symbol  on  eacii  pair  of 
antomobile  num1)er  jilaies  and  on  each  siiigle  motorcycle  plate.  Tf  the 
depai'tmcct  shall  dctciininc  at  any  lime  for  (ln(>  cause  that  any  such 
manufacturer  or  dealer  to  whom  the  ccrtilicatc  of  registration  pro\ided 
for  in  this  section  has  been  issne<i  and  to  whom  such  general  distinguish- 
ing number  or  symbol  has  been  assigned  has  failed  to  comply  with  the 
requirements  of  this  section  hereinafter  contained  with  reference  to 
notices  or  reixirts  of  transfer  or  motor  \ciiicles.  or  has  caused  or  suffered. 


1089  MOTOR  VEHICLES.  Act  23311),  §9 

or  is  causing  or  suffering,  the  unlawful  use  of  such  certificate  or  num- 
ber, the  department  may  revoke  said  certificate  of  registration  and  re- 
call and  cancel  said  general  distinguishing  number  or  symbol,  in  which 
event  said  manufacturer  or  dealer,  after  notice  of  such  action  on  part 
of  the  department,  shall,  without  further  demand,  return  to  the  depart- 
ment any  and  all  number  plates  and  seals  that  may  have  been  furnished 
him  by  the  department  under  said  certificate  so  revoked;  provided,  that 
no  manufacturer  or  dealer  or  any  employee  of  such  manufacturer  or 
dealer,  shall  cause  or  permit  the  display,  or  other  use,  of  any  number 
plate,  seal  or  certificate  of  registration  which  may  have  been  furnished 
to  such  manufacturer  or  dealer  under  the  general  distinguishing  num- 
ber or  symbol  hereinbefore  provided  for,  excepting  upon  motor  vehicles 
owned  by  such  manufacturer  or  dealer  within  the  meaning  and  intent  of 
this  act;  provided,  further,  that  no  person  shall  display,  or  otherwise  use 
or  have  in  his  possession  any  number  plate,  seal  or  certificate  of  regis- 
tration furnished  by  the  department  under  a  general  manufacturer's  or 
dealer's  distinguishing  number  or  symbol,  except  such  manufacturer  or 
dealer  or  his  employees;  and  provided,  further,  that  if  the  department, 
upon  receiving  from  any  manufacturer  or  dealer  an  application  for  the 
issuance  for  the  ensuing  calendar  year  of  the  certificate  of  registration 
and  general  distinguishing  number  or  symbol  provided  for  in  this  sec- 
tion, shall  determine  upon  due  cause  that  such  manufacturer  or  dealer 
during  the  previous  calendar  year  has  failed  to  comply  with  the  require- 
ments of  this  section  hereinafter  contained  respecting  the  filing  of  no- 
tices or  reports  of  transfer  of  motor  vehicles,  or  has  caused  or  suffered, 
or  is  causing  or  suffering,  the  unlawful  use  of  such  certificate  or  iium- 
ber,  the  department  may  refuse  such  application. 

When  it  shall  become  necessary  for  a  manufacturer  of,  or  dealer  in, 
or  consignee  of,  motor  vehicles  to  move  any  vehicles  owned  by  or  con- 
signed to  him,  not  being  registered  under  any  of  the  provisions  of  this 
act,  from  any  vessel,  railroad  depot,  or  warehouse,  to  the  salesrooms  or 
other  place  of  business  of  such  manufacturer  or  dealer,  or  to  a  warehouse 
or  other  place  of  storage,  over  the  public  highways,  he  may  operate  such 
vehicle,  either  under  its  own  power  or  otherwise,  over  such  public  high- 
ways as  are  necessary  for  said  purpose,  without  first  registering  said 
motor  vehicle  or  affixing  thereto  any  number  plates  issued  to  him  under 
the  general  distinguishing  number  or  symbol  hereinabove  specified;  pro- 
vided, however,  that  in  such  event  he  shall  first  obtain  from  the  police 
authorities  or  marshal  of  the  city  or  town  in  which  said  vessel,  railroad 
depot  or  warehouse  is  situated,  a  written  permit  authorizing  such  opera- 
tion; and  there  is  hereby  conferred  upon  police  authorities,  including 
town  marshals,  within  the  state  of  California,  authority  to  issue  such 
permits  in  proper  cases  as  hereinbefore  provided. 

Upon  the  transfer  of  any  motor  vehicle  by.  a  manufacturer  or  dealer, 
whether  by  sale,  lease  or  otherwise,  such  motor  vehicle  not  being  regis- 
tered under  the  provisions  of  section  three  hereof,  such  manufacturer 
or  dealer  shall,  within  three  days  after  such  transfer,  file  with  the  de- 
l)artment,npon  a  blank  to  be  furnished  by  the  department,  a  notice  or 
report  containing  the  date  of  such  transfer,  a  description  of  such  motor 
vehicle  and  the  name  and  postoffice  of  the  purchaser,  lessee  or  other 
transferee. 
69 


Act  2331b,  §§  10,  11  GENERAL    LAWS.  1090 

Upon  the  transfer  of  any  automobile  engine  or  motor,  except  a  new 
engine  or  motor  transferred  with  intent  that  the  same  be  installed  in  a 
new  automobile,  and  whether  such  transfer  be  made  by  a  manufacturer 
or  dealer  or  otherwise,  and  whether  by  sale,  lease  or  otherwise,  the 
transferer  shall  within  three  days  after  such  transfer  file  with  the  de- 
partment, upon  a  blank  to  be  furnished  by  the  department,  a  notice  or 
report  containing  the  date  of  sucli  transfer  and  a  description,  together 
with  the  maker's  number,  of  said  engine  or  motor,  the  name  and  pos- 
office  address  of  the  purchaser,  lessee  or  other  transferee.  [Amendment 
approved  May  10,  1911;  Stats.  1911,  p.  392.] 

§10.     Residents  of  other  states.     [Repealed  1917;  Stats.  1917,  p.  395.] 

§  11.  Numbers  must  be  displayed.  Registration  certificate  affixed. 
When  fee  becomes  delinctuent.  Except  as  in  this  act  otherwise  provided, 
no  person  shall  operate  or  drive,  or  cause  to  be  operated  or  driven,  a 
motor  vehicle,  or  cause  a  trailer  to  be  drawn  by  a  motor  vehicle,  on  the 
public  highways  unless  such  vehicle  shall  at  all  times  have  displayed 
the  number  jilate  or  plates  furnished  for  it  as  hereinbefore  provided, 
together  with  registration  seal  or  seals  furnished  by  the  department; 
in  case  of  automobiles,  each  such  vehicle  shall  display  one  number  plate 
on  the  front  and  the  other  on  the  back  thereof  and  said  registration 
seals  shall  be  securely  attached  to  the  number  plates  in  the  space  pro- 
vided thereon  for  that  purpose;  in  case  of  motorcycles  and  trailers,  but 
one  number  plate  with  registration  seal  so  attached  thereto,  shall  be 
required  to  be  displayed  and  such  number  plate  upon  motorcycles  and 
trailers  shall  be  at  the  rear  thereof;  in  all  cases  such  number  plates 
shall  be  securely  fastened  to  the  motor  vehicle  or  trailer  so  as  to  pre- 
vent said  plates  from  swinging,  and  at  a  minimum  distance  of  sixteen 
inches  from  the  ground.  Nothing  in  this  act  shall  be  construed  to  re- 
quire the  display  of  any  number  plate  on  other  than  the  rear  trailer, 
when  more  than  one  trailer  is  drawn  by  a  motor  vehicle.  No  person 
shall  attach  to,  or  display  on,  such  motor  or  other  vehicle,  any  number 
])late,  or  registration  seal  or  certificate  other  than  as  assigned  to  it  for 
the  current  year,  or  a  fictitious,  or  altered  number  plate,  seal  or  legis- 
tration  certificate,  or  a  number  plate,  seal  or  registration  cetificate  that 
shall  have  been  canceled  by  the  department.  All  letters,  numbers,  seals, 
printing,  writing  and  other  identification  marks  upon  said  plates,  seals 
and  certificates,  shall  be  kept  clear  and  distinct  and  free  from  grease, 
dust  or  other  blurring  matter,  so  that  they  shall  be  plainly  visible  at  all 
times  during  daylight  and  under  artificial  light  in  the  night-time;  pro- 
vided, that  in  case  any  such  plate,  seal  or  certificate  of  registration, 
operator's  license  or  chauffeur's  license  or  badge  shall  be  lost,  mutilated 
or  shall  have  become  illegible,  the  person  to  whom  such  plate,  seal,  cer- 
tificate, license  or  badge  shall  have  been  furnished  shall  immediately 
apply  to  the  department  for  a  duplicate  thereof,  accompanying  his  appli- 
cation with  the  fee  specified  in  section  seven  of  this  act. 

No  person  shall  operate  or  drive  a  motor  vehicle  on  the  public  high- 
way unless  such  vehicle  shall  at  all  times  carry  in  or  upon  it,  subject 
to  inspection  by  any  peace  officer,  or  employee  of  the  department,  the 
registration  certificate  furnished  for  it  as  hereinabove  provided,  which 
in  case  of  an  automobile  shall  be  affixed,  in  the  container  furnished  by 


1091  MOTOR  VEHICLES.  Act  28:^11).  i;  13 

the  department,  in  plain  sight  in  the  driver's  compartment  of  the  auto- 
mobile and  which,  in  ease  of  a  motorcycle,  shall  be  carried  either  in 
plain  sight  affixed  to  said  motorcj^cle,  or  in  the  tool  bag  or  some  other 
convenient  receptacle  attached  to  said  motorcycle. 

The  registration  fee  required  under  this  act  to  be  paid  upon  a  motor 
vehicle  or  trailer  shall  become  delinquent  in  the  case  of  any  such  vehicle 
forthwith  upon  the  operation  of  the  vehicle  on  the  public  highways  with- 
out the  registration  fee  required  !)y  tliis  act  first  having  been  i)aid  to 
the  department,  accompanied  by  the  application  for  registration  pro- 
vided herein.  It  is  hereby  provided,  in  addition  to  any  and  all  othcr 
penalties  provided  by  this  act,  that  if,  at  the  expiration  of  thirty  days 
^fter  any  registration  fee  becomes  delinquent,  such  fee  has  not  been 
paid  and  registration  applied  for,  a  penalty  shall  be  added  to  the  amount 
of  such  fee  in  an  amount  equal  to  twenty-five  per  cent  of  the  fee  re- 
quired by  section  seven  of  this  act,  and  that  such  fee,  together  with 
the  amount  of  said  penalty,  shall  be  a  lien  -upou  the  motor  vehicle  or 
trailer  in  regard  to  which  said  registration  fee  is  delinquent,  and  the 
department  shall  have  power  and  it  is  hereby  made  its  duty  to  collect 
the  said  registration  fee,  together  with  the  penalty,  by  seizure  of  such 
motor  vehicle  or  trailer  from  the  jierson  in  possession  thereof,  if  any, 
and  by  the  sale  thereof.  The  seizure  and  sale  herein  authorized  shall 
be  conducted  and  carried  out  by  the  department  in  the  same  manner  as 
is  provided  by  law  for  the  seizure  and  sale  of  personal  property  by  the 
county  tax  collector  for  the  collection  of  taxes  due  on  said  personal 
property;  provided,  however,  that  in  case  of  annual  renewal  of  regis- 
tration, where  the  applicants  have  in  ail  things  complied  with  the  re- 
quirements of  this  act  and  have  duly  applied  for  such  annual  renewal 
of  registration  before  the  commencement  of  the  ensuing  calendar  year, 
accompanying  their  applications  with  the  proper  fees  for  such  registra- 
tion, they  shall  be  entitled  to  operate  said  vehicles  during  the  months 
of  .January  and  February  without  displaying  the  registration  seals  or 
certificates  of  the  current  year,  on  condition  that  they  have  at  all  times 
displayed  upon  said  vehicles  the  number  plates  assigned  to  said  vehicles 
respectively  together  with  the  registration  seals  and  certificates  assigned 
thereto  for  the  previous  calendar  year.  [Amendment  approved  May  ID, 
1917;   Stats.  1917,  p.  395.]  '  • 

§  13.  Lights,  (a)  Where  there  is  not  sufficient  light  within  the  lat- 
eral boundaries  of  the  public  highway  to  reveal  all  persons,  vehicles,  or 
other  substantial  objects  within  said  boundaries  for  a  distance  of  at 
least  one  hundred  fiftj'  feet,  and  at  all  times  during  the  period  from  a 
half  hour  after  sunset  to  a  half  hour  before  sunrise,  every  automobile 
while  on  the  public  highwaj'  shall  carry  at  the  front  at  least  two  lighted 
lamps  showing  white  or  yellow  lights  visible  under  normal  atmospheric 
conditions  at.  least  five  hundred  feet  in  the  direction  toward  which  said 
automobile  is  faced  and  every  such  automobile  and  every  trailer,  at  the 
times  and  under  the  conditions  in  this  section  hereinbefore  specified, 
shall  carry  at  the  rear  a  lighted  lamp  exhibiting  a  red  liglft  plainly 
visible,  under  normal  atmospheric  conditions,  for  a  distance  of  five  hun- 
dred feet  toward  the  rear  and  so  constructed  and  placed  that  the  num- 
ber plate  carried  on  the  rear  of  such  automobile  or  trailer  shall  be  illumi- 


Act  2331b,  §  13  GENERAL    LAWS.  1092 

iiated  b}^  a  white  light  in  such  manner  that  the  number  thereon  can  be 
plainly  distinguished  under  normal  atmospheric  conditions  at  a  distance 
of  not  less  than  fifty  feet  toward  the  rearj  provided,  however,  that  where 
more  than  one  trailer  is  attached  to  a  motor  vehicle,  only  the  rear  trailer 
shal^  be  required  to  exhibit  said  light.  At  the  times  and  under  the  con- 
ditions in  this  section  hereinbefore  specified  all  other  vehicles,  except 
motorcycles,  bicycles,  and  such  vehicles  as  may  be  propelled  by  a  pedes- 
trian, shall  carry  one  or  more  lighted  lamps  or  lanterns  so  arranged  that 
said  vehicle  shall  be  visible  from  every  direction  for  a  distance  of  not 
less  than  two  hundred  feet. 

(b)  Motorcycles  and  bicycles.  At  the  times  and  under  the  conditions 
in  this  section  hereinbefore  specified,  every  motorcycle  or  bicycle  while 
on  the  public  highway  shall  carry  a  lighted  lamp  showing  a  white  or 
yellow  light  visible  under  normal  atmospheric  conditions  at  least  three 
hundred  feet  in  the  direction  toward  which  such  motorcycle  or  bicycle 
is  faced,  and  shall  also  carry  at  the  rear  of  such  motorcycle  or  bicycle 
a  lighted  lamp  exhibiting  a  red  light  plainly'  visible  under  normal  atmos- 
pheric conditions  for  a  distance  of  at  least  two  hundred  feet  toward  the 
rear. 

(c)  When  load  extends  beyond  bed  of  vehicle.  In  any  case  where  a 
motor  or  other  vehicle  shall  be  loaded  with  any  material  in  such  manner 
that  any  portion  of  such  load  extends  toward  the  rear  four  feet  or  more 
beyond  the  rear  of  the  bed  or  body  of  such  vehicle,  there  shall  be  dis- 
played at  the  extreme  end  of  such  load,  at  the  times  and  under  the  con- 
ditions in  this  section  hereinbefore  specified,  in  addition  to  the  ordinary 
rear  or  tail  light  hereinbefore  required  to  be  displayed  on  such  vehicle 
a  red  light  plainly  visible  under  normal  atmospheric  conditions  at  least 
two  hundred  feet  from  the  rear;  provided,  further,  that  at  other  times 
while  such  vehicle  is  upon  the  highway  a  red  flag  or  cloth  shall  be  dis- 
played at  the  extreme  rear  end  of  said  load,  of  suitable  size  to  be  plainly 
visible  as  a  warning  signal  to  persons  operating  vehicles  approaching 
from  the  rear. 

(d)  Range  of  lights.  At  llie  times  and  under  the  conditions  in  this 
section  hereinliefore  specified  liie  lieadliglits  of  all  motor  vehicles  upon 
liic  highway  shall  give  sufficient  light  to  reveal  any  person,  vehicle  or 
sul)stantial  object  on  the  road  directly  ahead  of  such  motor  vehicle  for  a 
distance  of  at  least  one  hundred  fifty  feet,  and  shall  also  give  sufficient 
side  illumination  to  reveal  any  jierson,  vehicle  or  substantial  object  ten 
feet  to  the  side  of  said  motor  vehicle  at  a  point  ten  feet  ahead  of  the 
iamjjs;  jirovided,  however,  that  such  headlights  shall  be  so  constructed 
or  arranged  1liat  nn  iioi-rHni  of  tiie  lienm  of  reflected  liglit  when  measured 
Hcventy-fi\e  feel  (ir  uKire  aiic'id  of  said  hvm|)s  shall  rise  or  shall  be 
capable  of  liein^  r;iised  i'vmw  Hie  driscr's  sent  to  iiiove  than  forty-two 
inches  ali<i\-e  tlie  jmel  siiirnce  en  whii-li  tlie  vcliide  stands'ahoad  of  such 
vehirde;  pro\i'led,  liiit  liei-,  thai  the  term  "headlight"  as  used  herein, 
sliall  dejiote  any  liglit,  irri'--iie(t  i\  c  of  its  location  upon  the  motor  vehicle, 
the  rays  of  wliich  are  jirojected  forward,  exce[)t  sidelights  of  not  to  ex- 
ceed four  caiidle-iiovver.  and  thai  Hie  term  "beam  of  reflected  light,"  as 
used  lierein,  shall  dendte  tlie  a|i  in'oxi  mat  ely  parallel  focalized  rays 
gatliere(|  ;ind   projected   liv  a   reflector,  lens  or  other  device;  and  provided, 


100;}  -  MOTOR  VEHICLES.  Act  23311),  §  15 

further,  anything  herein  to  the  contrary  notwithstanding,  that  where 
there  is  sufficient  light  within  the  lateral  boundaries  of  the  public  high- 
way within  any  incorporated  city,  town  or  city  and  county,  to  reveal  all 
persons,  vehicles  or  substantial  objects  within  said  boundaries  for  a  dis- 
tance of  one  hundred  fifty  feet,  no  lights  shall  be  required  to  be  dis- 
I>layed  on  any  vehicle  while  the  same  is  not  in  operation,  providing  that 
the  wheels  of  such  standing  vehicle  nearest  the  sidewalk  are  located 
within  six  inches  of  such  sidewalk.  [Amendment  approved  May  10, 
1917;  Stats.  1917,  p.  395.] 

§  15.  No  blocks,  etc.,  on  tires.  Tractors,  (a)  Other  than  on  vehicles 
actually  engaged  at  the  time  in  construction  or  repair  work  on  public 
highways,  no  tire  on  any  motor  or  other  vehicle  operated  on  or  over  any 
public  highway  or  bridge  shall  have  on  its  periphery  any  block,  stud, 
iiange,  cleat,  ridge,  bead  or  any  other  protuberance  of  metal  or  wood 
which  projects  beyond  the  tread  or  traction  surface  of  the  tire;  but  this 
section  shall  not  be  so  construed  as  to  prohibit  the  use  of  tire  chains  of 
reasonable  proportions  on  motor  vehicles  when  required  for  safety  be- 
cause of  snow,  ice  or  other  conditions  tending  to  cause  such  motor 
vehicle  to  slide  or  skid;  provided,  however,  that  traction  engines  or  trac- 
tors the  propulsive  power  of  which  is  exerted  not  through  wheels  resting 
upon  the  ground  but  by  means  of  a  flexible  band  or  chain,  known  as  a 
movable  track,  may  be  operated  upon  the  public  highways  wath  trans- 
verse corrugations  upon  the  periphery  of  said  movable  tracks,  on  condi- 
tion that  a  permit  shall  first  have  been  obtained  as  hereinafter  in  this 
section  provided. 

(b)  Limit  on  weight  of  loads.  No  motor  or  other  vehicle  shall  be 
operated  on  or  over  any  public  highway  or  bridge,  nor  shall  any  object 
be  moved  over  or  upon  any  public  highway  or  bridge  on  wheels,  rollers, 
or  otherwise,  except  when  transported  in  or  upon  vehicles  running  ex- 
clusively on  stationary  rails  or  tracks,  in  excess  of  a  total  weight,  includ- 
ing load,  of  thirty  thousand  pounds,  when  said  motor  or  other  vehicle  or 
contrivance  is  equipped  with  four  wheels  running  on  the  highway,  or 
in  excess  of  a  total  weight,  including  load,  of  forty  thousand  pounds 
when  said  motor  or  other  vehicle  or  contrivance  shall  be  equipped  with 
six  wheels  running  on  the  highway  and  with  three  axles  not  less  than 
ninety-six  inches  apart,  without  first  obtaining  a  permit  as  hereinafter 
in  this  section  provided. 

(c)  Permit  required,  when.  Regulations  in  cities  organized  under 
freeholders'  charters.  Xo  motor  or  other  vehicle  or  other  ol)ject,  or  con- 
trivance for  moving  loads,  except  as  hereinafter  otherwise  provided, 
shall  be  operated  or  moved  upon  or  over  any  public  highway  or  bridge, 
the  weight  of  which  resting  upon  the  surface  of  said  highway  or  bridge 
exceeds  eight  hundred  pounds  upon  any  inch  of  width  of  tire,  when  said 
vehicle  is  equipped  with  tires  made  of  other  material  than  metal;  and 
no  motor  or  other  vehicle,  object,  or  contrivance  for  moving  loads  shall 
be  operated  or  moved  upon  or  over  any  public  highway  or  bridge  the 
neight  of  which  resting  upon  the  surface  of  said  highway  or  bridge 
exceeds  six  hundred  pounds  upon  any  inch  of  width  of  tire,  roller,  wheel 
or  other  object  supported  on  the  surface  thereof  when  such  tires  or  the 
roUino-  surface  of  such  lollers,  wheels  or  other  objects  are  made  in  whole 


Act  2331b,  §15  GENERAL    LAWS.  '  109-4 

or  in  part  of  metal,  without  first  obtaining  a  permit  as  hereinafter  in 
this  section  provided;  provided,  however,  that  traetion  engines  or  trac- 
tors the  propulsive  power  of  which  is  exerted  not  through  wheels  resting 
upon  the  ground  but  by  meaiis  of  a  flexible  band  or  chain,  known  as  a 
movable  track,  shall  not  be  subject  to  the  foregoing  limitations  upon 
permissible  weights  per  inch  of  width  of  tire  if  the  portions  of  the  mov- 
able tracks  in  contact  with  the  surface  of  the  highway  present  plane 
surfaces;  and  provided,  further,  that  cities  heretofore  or  hereafter  organ- 
ized under  freeholders'  charters  may  permit  or  prohibit  the  increase, 
beyond  the  maximum  weight  per  inch  of  width  of  tire  hereinabove  pre- 
scribed, of  the  weight  of  loads  carried  within  the  limits  of  such  cities 
in  or  upon  metal-tired  vehicles  drawn  by  muscular  power,  but  where  any 
such  city  has  not  by  proper  and  suitable  ordinance  or  other  regulation 
permitted  or  pjohibited  such  increase  of  maximum  weight  of  loads,  the 
regulations  and  limitations  prescribed  by  this  act  shall  not  apply. 

(d)  Brakes.  No  motor  vehicle  shall  be  operated  or  driven  over  any 
public  highway  or  bridge  drawing  or  having  attached  thereto  more  than 
two  trailers;  provided,  that  all  four-wheeled  trailers  excepting  light 
camping  trailers  shall  be  equipped  with  suitable  brakes. 

(e)  Special  permit  of  department  of  engineering.  Anything  to  the 
contrary  herein  notwithstanding,  upon  application  in  writing  to  the  state 
department  of  engineering,  said  department  of  engineering  in  its  dis- 
cretion may  issue  a  special  permit  to  the  owner  or  operator  of  any  ve- 
hicle allowing  heavier  or  wider  loads  than  hereinabove  in  this  "section 
or  elsewhere  in  this  act  permitted  to  be  moved  or  carried  over  and  on 
the  public  highways  and  bridges,  or  allowing  more  than  two  trailers'  to  be 
drawn  by  a  motor  vehicle;  and  may  also  issue  such  special  permit  to 
increase  the  permissible  weights  per  inch  of  width  of  tire  and  may  also 
permit  the  use  of  corrugations  on  the  periphery  of  the  movable  tracks 
of  traction  engines  or  tractors  propelled  not  by  wheels  resting  upon  the 
ground  but  by  flexible  bands  or  chains.  Such  permits  shall  be  in  writ- 
ing and  they  may  limit  the  time  of  use  and  operation  over  the  particular 
highways  and  bridges  which  may  be  traversed  and  may  contain  such 
special  conditions  and  provisions  and  require  such  undertaking  or  other 
security  as  the  said  department  of  engineering  shall  deem  to  be  neces- 
sary to  i)rotect  th^'  public  highways  and  bridges  from  injury,  or  provide 
indemnity  for  any  injury  resulting  from  such  operation.  All  such  special 
permits  shall  be  carried  in  the  vehicles  to  which  they  refer  and  shall 
upon  demand  be  open  to  the  inspection  of  any  peace  ofliccr,  any  author- 
ized agent  of  the  department  of  engineering  or  of  the  motor  vehicle 
department,  or  any  officer  or  employee  charged  with  the  care  or  protec- 
tion of  the  public  highways.  It  shall  be  unlawful  for  any  person  to 
violate,  or  to  cause  or  permit  to  bo  violated,  the  limitations  or  condi- 
tions of  such  special  permits  and  any  such  violation  shall  be  deemed 
for  all  piirjioscs  to  be  a  violation  of  the  provisions  of  this  act. 

(f)  Limit  on  load  'below  legal  maximum.  Anvthing  to  the  contrary 
herein  notwitlista ruling,  the  state  dejiartmOTit  of  engineering  may  in  its 
discretion  limit  the  maximum  load  to  be  carried  over  or  on  any  public 
bridge,  causeway,  viaduct,  trestle  or  dam,  below  the  maximum  estab- 
lished by  law;  provided,  however,  that  in  such  event  said  department  of 


1095  MOTOR  VEHICLES.  Act  2331b,  §  5?  17-20 

engineering  shall  cause  suitable  signs  to  be  erected  and  maintained, 
specifying  such  limitation  of  load,  such  signs  to  be  placed  at  a  distance 
of  not  less  than  one  hundred  feet  nor  more  than  one  hundred  fifty  feet 
from  the  approaches  to  such  bridge,  causeway,  viaduct,  trestle  or  dam. 
(g)  Owner  of  vehicle  responsible  for  dajnages.  Anything' to  the  con- 
trary in  this  act  notwithstanding,  the  owner  and  the  operator,  driver  or 
mover  of  any  vehicle,  object  or  contrivance  over  a  public  highway  or 
bridge,  shall  be  jointly  and  severally  responsible  for  all  damages  which 
said  highway  or  bridge  may  sustain  as  the  result  of  so  operating  or 
driving  or  moving  such  vehicle  and  the  amount  of  such  damages  may 
be  recovered  in  an  action  at  law  by  the  authorities  in  control  of  such 
highwav  or  bridge.  [Amendment  approved  Mav  10,  1917;  Stats.  1917, 
p.  39S.f 

§  17,  Intoxicated,  persons.  No  person  who  is  to  such  extent  under  the 
influence  of  intoxicating  liquor  that  he  cannot  properly  operate  or  drive 
a  motor  or  other  vehicle  shall  operate  or  drive  a  motor  or  other  vehicle 
upon  any  public  highway  within  this  state.  [Amendment  approved  May 
10,  1917;  Stats.  1917,  p.  400.] 

§18.     Owner's   consent.     [Repealed    1917;    Stats.    1917,   p.   400.] 

§20.  Rules  of  road,  (a)  The  driver  or  operator  of  any  vehicle  in  or 
upon  any  public  highway  shall  drive  or  operate  such  vehicle  in  a  careful 
manner  with  due  regard  for  the  safety  and  convenience  of  pedestrians 
and  of  all  other  vehicles  or  traffic  upon  such  highway,  and  wherever 
practicable  shall  traved  on  the  right-hand  side  of  such  highway.  Two 
vehicles  which  are  passing  each  other  in  opposite  directions  shall  have 
the  right  of  way,  and  no  other  vehicle  to  the  rear  of  either  of  such  two 
vehicles  shall  pass  or  attempt  to  pass  such  two  vehicles.  On  all  occasions 
the  driver  or  operator  of  any  vehicle  in  or  upon  any  public  highway  shall 
travel  upon  the  right  half  of  such  highway  unless  the  road  ahead  on  the 
left-hand  side  is  clear  and  unobstructed  for  at  least  one  hundred  yards 
ahead  and  in  all  cases  while  crossing  an  intersecting  highway.  For  the 
purposes  of  this  section  and  its  subdivisions,  an  animal  or  animals 
attached  to  any  conveyance  shall,  with  such  conveyance,  be  deemed  to 
constitute  one  vehicle. 

(b)  Vehicles  proceeding  in  opposite  directions  shall  pass  each  other  to 
the  right,  each  giving  to  the  other  one-half  the  road  as  nearly  as  possible. 

(c)  Vehicles  overtaking  other  vehicles  proceeding  in  the  same  direc- 
tion shall  pass  to  the  left  thereof  anct  shall  not  again  drive  to  the  right 
until  reasonably  clear  of  such  overtaken  vehicle. 

(d)  It  shall  be  the  duty  of  the  driver,  rider  or  operator  of  a  vehicle 
about  to  be  overtaken  and  passed  to  give  way  to  the  right  in  favor  of 
the  overtaking  vehicle,  on  suitable  and  audible  signal  being  given  by  or 
on  behalf  of  the  operator,  driver  or  other  person  in  charge  and  control 
of  such  overtaking  vehicle  if  such  overtaking  vehicle  be  a  motor  vehicle. 

(e)  Excepting  where  controlled  by  such  traffic  ordinances  or  regula- 
tions enacted  by  local  authorities  as  are  permitted  under  this  act  the 
operator  of  a  vehicle  approaching  an  intersection  of  the  public  highway 
shall  yield  the  right  of  way  to  a  vehicle  approaching  such  intersection 
from  the  right   of  such  first-named  vehicle. 


Act  2331b,  §  20  general  laws.  "  1096 

(f)  It  shall  be  the  duty  of  the  person  operating  or  in  charge  of  an 
overtaking  vehicle  to  sound  audible  and  suitable  signal  before  passing 
a  vehicle  proceeding  in  the  same  direction. 

(g)  All  vehicles  approaching  an  intersection  of  a  public  highway, 
with  the  intention  of  turning  thereat  shall  in  turning  to  the  right  keep 
to  the  right  of  the  center  of  such  intersection,  and  in  turning  to  the 
left  shall  run  beyond  the  center  of  such  intersection,  passing  to  the 
right  thereof,  before  turning  such  vehicle  toward  the  left.  For  the  pur- 
poses of  this  subdivision  the  "center  of  such  intersection"  shaJl  be  held 
to  mean  the  meeting  point  of  the  medial  lines  of  the  two  highways 
traversed  by  the  vehicle  making  the  turn. 

(h)  Frightening  of  horses.  In  all  passing  and  overtaking  such  assis- 
tance shall  be  given  by  the  occupants  of  each  vehicle  respectively  to  the 
other  as  the  circumstances  shall  reasonably  demand  in  order  to  obtain 
clearance  and  avoid  accidents;  every  person  having  control  or  charge  of 
any  motor  vehicle  or  other  vehicle  ui30n  any  public  highway  and  approach- 
ing any  vehicle  drawn  by  a  horse  or  horses,  or  any  horse  upon  which  any 
jierson  is  riding,  shall  operate,  manage  and  control  such  motor  vehicle  or 
other  vehicle  in  such  manner  as  t6  exercise  every  reasonable  precaution 
to  prevent  the  frightening  of  any  such  horse  or  horses  and  to  insure  the 
safety  and  protection  of  any  person  riding  or  driving  the  same;  and 
if  such  horse  or  horses  appear  frightened  the  person  in  control  of  such 
motor  vehicle  or  other  vehicle  shall  reduce  its  speed,  and  if  requested 
by  signal  or  otherwise  by  the  driver  or  rider  of  such  horse  or  horses 
shall  not  proceed  further  toward  such  animal  or  animals  unless  such 
movement  be  necessary  to  avoid  accident  or  injury,  until  such  animal 
or  animals  be  under  the  control  of  the  driver  or  rider  thereof. 

(i)  Keeping  to  right-hand  of  highway.  The  person  in  control  of  any 
vehicle  moving  slowly  along  and  upon  any  public  highway  shall  keep 
such  vehicle  as  closely  as  practicable  to  the  right-hand  boundary  of  the 
highway,  allowing  more  swiftly  moving  vehicles  reasonably  free  passage 
to  the  "left. 

(j)  Stopping  or  changing  course.  The  person  in  charge  of  any  vehicle 
in  or  upon  any  public  highway,  before  turning,  stopping,  or  changing 
llie  course  of  such  vehicle,  and  before  turning  such  vehicle  when  start- 
ing the  same,  shall  see  first  that  there  is  sufficient  space  for  such  move- 
ment to  be  made  in  safety,  and  if  the  movement  or  operation  of  other 
vehicles  may  reasonably  be  affected  by  such  turning,  stopping  or  chan- 
ging of  course,  shall  give  plainly  visible  or  audible  signal  to  the  persons 
operating,  driving  or  in  charge  of  sucli  vehicles  of  his  intention  so  to 
turn,  stop,  or  cli.nnge  his  course. 

(U)  Passing  street-cars.  Safety  zones.  In  passing  any  railroad,  in- 
teruiban  (jr  streetcar  wliile  ])assengers  are  alighting  from  or  boarding 
same,  vehicles  shall  be  operated  or  driven  on  the  right-hand  side  of  such 
street-car  and  at  a  rate  (if  spci'd  not  exceeding  ten  miles  an  hour  and 
siiall  be  so  o|)eratc(l  (ir  driven  that  no  portion  thereof  or  of  any  load 
thereon  sliall  lie  within  six  feet  of  the  ninning-hoMid  or  steps  of  such 
car,  and  shall  at  ;ill  times  be  operated  with  iliie  <';ire  and  caution  so  that 
the  safety  of  sni-h  passengers  sliall  he  assured;  |ir(i\ide(l,  however,  that 
where    local    authorities    have    idainly    marked    upini    the    surface    of    the 


1097  MOTOR  VEHICLES.  Act  23311),  ^  20 

highway  safety  zones  for  tlie  protection  of  such  passengers,  vehicles 
shall  not,  at  any  time,  be  operated  or  driven,  within  such  zones;  pro- 
vided, further,  that  said  safety  zones  shall  only  be  marked  at  street 
corners  or  at  other  regularly  established  stations  or  stopping  places  of 
such  railroad,  or  interurban,  or  street-cars,  and  shall  not  extend  beyond 
seven  feet  toward  the  boundary  of  the  highway  from  the  outer  rail  of 
such  railroad,  interurban  or  street-car  line. 

(1)  In  mountain  passes.  Every  motor  vehicle  when  moving  in  defiles, 
canyons,  or  mountain  passes  where  the  curvature  of  the  road  or  highway 
prevents  a  clear  view  for  a  distance  of  one  hundred  yards  shall  be  held 
under  control  and  not  permitted  to  coast  and  the  operator  thereof  in 
approaching  curves  shall  give  a  warning  of  his  gong  or  other  adequate 
signaling  device. 

(m)  Police  and  fire  patrols.  Police  patrol  wagons,  police  ambulances, 
fire  patrols,  fire  engines  and  fire  apparatus  in  all  cases  while  being  oper- 
ated as  such,  shall  have  right  of  way  with  due  regard  to  the  safety 
of  the  public*;  but  this  provision  shall  not  protect  the  driver  or  operator 
of  any  such  vehicle  or  his  employer  or  j^rincipal  from  the  consequence 
of  the  arbitrary  exercise  of  this  right  or  for  injuries  willfully  inflicted. 

(n)  Stopping  near  fire  hydrant.  No  person  shall  hitch  or  leave  stand- 
ing, or  cause  or  permit  to  be  hitched  or  left  standing,  any  animal,  or 
leave  standing  or  cause  or  permit  to  be  left  standing,  any  vehicle,  or 
stop  or  cause  or  permit  to  be  stopped  any  animal  or  vehicle  at  any  time 
upon  the  public  highway  within  fifteen  feet  of  any  public  fire  hydrant 
located  upon  the  public  highway  or  sidewalk,  unless  such  animal  is  under 
the  charge  of  some  person  capable  of  driving  the  same  or  unless  such 
vehicle  is  in  the  charge  of  some  person  capable  of  operating  or  driving 
the  same. 

(o)  Width  of  vehicle.  No  motor  or  other  vehicle  as  defined  in  this  act 
shall  be  operated  or  driven  on  or  over  any  public  highway  or  bridge 
if  the  outside  width  of  tread  exceeds  one  hundred  twelve  inches  or  if 
the  total  outside  width  of  the  bed  of  said  vehicle  and  any  load  thereon 
shall  exceed  one  hundred  two  inches,  nor  shall  any  pleasure  type  auto- 
mobile be  operated  on  or  over  any  public  highway  or  bridge  if  any 
luggage,  package,  trunk,  crate,  box  or  other  load  carried  thereon  extends 
to  the  side  more  than  eight  inches  beyond  the  running-board  of  such 
automobile;  provide'd,  however,  than  any  city  now  or  hereafter  organ- 
ized under  freeholders'  charter  may  permit  or  prohibit  an  increase 
beyond  the  maximum  hereinbefore  prescribed  of  the  total  outside  width 
of  the  beds  of  vehicles  and  any  loads  thereon,  where  such  vehicles  are 
operated  or  driven  and  said  loads  are  carried  wholly  within  the  limits 
of  said  city,  but  where  any  such  city  shall  not  by  proper  and  suitable 
ordinance  or  other  regulation  permit  or  prohibit  such  increased  width, 
the  regulations  and  limitations  prescribed  by  this  act  shall  not  apply; 
and  provided,  that  the  regulations  and  limitations  prescribed  by  this 
act  relative  to  the  maximum  widths  of  vehicles  and  their  loads  shall 
not  apply  to  implements  of  husbandry  temporarily  drawn,  propelled  or 
moved  upon  the  highway;  and  provided,  further,  that  loads  not  exceeding 
ten    feet    in  width    of    loosely  piled  material  not  crated,  baled,  boxed, 


Act  2331b,  §  22  general  laws.  1098 

sacked  or  carried  otherwise  than  loosely  in  bulk,  may  be  carried  upon 
vehicles  on  the  highway;  provided,  that  the  extreme  width  of  such  ve- 
hicles including  any  loading  racks  thereon,  shall  not  exceed  one  hun- 
dred twenty  inches,  as  hereinbefore  prescribed. 

(p)  Leaving  vehicle  standing  on  highway.  No  person  shall  leave 
standing,  or  cause  or  permit  to  be  left  standing  upon  the  main  traveled 
portion,  or  any  part  thereof,  of  any  public  highway,  a  vehicle  under- 
going repair,  or  which  has  been  stopped  for  the  purpose  of  having  re- 
pairs made  thereon,  or  for  the  purpose  of  camping;  provided,  however, 
that  this  provision  shall  not  apply  to  a  vehicle  which  shall  be  disabled, 
while  on  such  main  traveled  portion  of  the  highway,  in  such  manner 
and  to  such  extent  that  it  shall  be  impossible  to  avoid  stopping  such 
vehicle  on  said  main  traveled  portion  of  the  highway,  and  impracticable 
to  remove  the  same  therefrom  until  repairs  shall  have  been   made. 

(q)  Law  applies  to  riders  of  animals.  The  provisions  of  subdivisions 
(a),  (b),  (e),  (d),  (e),  (g),  (i),  (j),  (k)  of  this  section  shall  be  appli- 
cable to  the  rider  of  every  horse,  mule  or  other  riding, animal  ridden 
upon  the  public  highway,  to  the  end  and  effect  that  the  same  duties, 
rules  and  regulations  imposed  thereon  upon  the  drivers  or  operators  of 
vehicles  upon  the  public  highway,  including  the  care  to  be  exercised  in 
driving  or  operating  vehicles,  the  portion  of  the  highway  upon  which 
they  shall  travel,  the  right  of  way  as  between  vehicles  passing  or  over- 
taking each  other,  or  upon  approaching  intersections,  the  duty  of  giving 
way  in  favor  of  overtaking  vehicles,  the  manner  of  turning  at  inter- 
sections and  at  other  places  upon  the  highway  and  of  stopping  or  chang- 
ing the  course  of  the  vehicles  and  the  duties  imposed  upon  operators  or 
drivers  of  vehicles  in  passing  railroad,  interurbau  or  street-cars,  shall 
be  imposed,  and  they  are  hereby  imposed,  upon  the  riders  of  animals 
upon  the  public  highways. 

(r)  Livestock  on  highway.  Nq  person  owning,  or  controlling  the  pos- 
session of,  any  horse,  cow,  mule,  ass,  sheep,  goat,  hog  or  other  livestock, 
shall  voluntarily  or  negligently  permit  such  animal  to  stray  upon  or 
remain  unaccompanied  upon  the  public  highway,  or  shall  permit  the 
tether  or  any  portion  thereof  to  which  such  animal  may  be  attached, 
to  lie  across  or  upon  any  public  highway,  and  no  person  shall  feed, 
pasture  or  camp  any  such  livestock  upon  any  public  highway  between 
the  hours  of  sunset  and  sunrise.  [ Amendment  approved  May  10,  1917; 
Stats.   1917,  p.  400.] 

§  22.  Rate  of  speed.  Warning  signs  at  grade  crossings.  Establishing 
less  than  legal  rate,  (a)  Any  person  operating  or  driving  a  motor  or 
other  vehich;  on  the  public  highways  sliall  operate  or  drive  the  same  in 
a  careful  ami  |iiuilcnt  manner  and  at  a  rate  of  speed  not  greater  than 
is  reasonable  iiml  iudikt,  having  regard  to  the  traffic  and  use  of  the 
highwav,  and  no  person  siiall  operate  or  drive  a  motor  vehicle  or  other 
vehicle  on  u  iniblic  highway  at  such  rate  of  speed  as  to  endanger  the 
life  or  linih  nl'  any  person  or  (lie  safety  of  any  property;  provided,  that 
it  sliall  lie  unlaw)  111  lo  ii|ieiale  or  drive  at  a  rate  of  si)eed  in  excess  of 
thirty  miles  an  ixMir;  and  jirdvided,  further,  that  in  any  event  no  person 
•  hhall    operate   or   <lrive    a    nintor    vehicle   or   other    vehicle   on   any    public 


1099  MOTOR  VEHICLES.  Act  23311),  §  22 

highway  where  the  territory  contiguous  thereto  is  closely  built  up,  at  a 
greater  rate  of  speed  than  twenty  miles  an  hour,  or  in  the  business  dis- 
trict of  any  incorporated  city  and  county,  city  or  town,  at  a  greater  rate 
of  speed  than  fifteen  miles  an  hour;  provided,  further,  that  no  person 
shall  operate  or  drive  a  motor  vehicle  or  other  vehicle  on  any  public 
highway  at  a  greater  rate  of  speed  than  fifteen  miles  an  hour  in  ap- 
proaching any  steam,  electric  or  other  railway  crossing  at  grade,  or  in 
approaching  or  traversing  an  intersecting  highway,  or  crossing  or  inter- 
section of  highways,  or  in  approaching  or  going  around  corners  or  curves 
in  the  highway,  when  in  any  of  the  foregoing  cases  the  operator's  or 
chauffeur's  view  of  the  road  .or  railway  traffic  is  obstructed,  but  any- 
thing to  the  contrary  herein  notwithstanding,  no  person  shall  operate  or 
drive  a  motor  vehicle  or  other  vehicle  on  any  public  highway  at  a 
greater  rate  of  speed  than  fifteen  mile  an  hour  in  traversing  any  steam, 
electric  or  other  railway  crossing  at  grade;  provided,  further,  that  the 
board  of  supervisors  of  any  county  and  city  and  county  within  this 
state,  and  the  board  of  trustees,  city  council  or  other  governing  body 
of  every  municipality  within  this  state,  within  six  months  after  the 
passage  of  this  act,  shall  place  and  thereafter  maintain  warning  signs 
on  every  public  highway  approaching  a  crossing  at  a  grade  of  such  high- 
way and  the  tracks  of  any  railway,  at  a  reasonable  distance,  not  less 
than  three  hundred  feet,  from  such  crossing,  and  on  either  side  thereof. 
Such  sign  shall  consist  of  a  metal  disc  twenty-four  inches  in  diameter, 
the  field  enameled  white,  with  an  enameled  black  border  line  one  inch 
wide,  and  with  an  enameled  black  vertical  and  horizontal  cross-line 
two  and  one-half  inches  wide;  the  reverse  side  of  such  disc  to  be  colored 
black.  In  each  of  the  upper  quarters  shall  appear  in  black  enamel  the 
letter  "R,"  five  inches  high,  three  and  three-quarters  inches  wide,  lines 
one  inch  stroke.  Anyone  defacing,  injuring,  knocking  down  or  removing 
any  such  sign  shall  be  guilty  of  a  misdemeanor;  provided,  further,  that 
the  maximum  rate  of  speed  over  any  bridge,  dam,  trestle,  causeway  or 
viaduct  as  well  as  the  maximum  rate  of  speed  over  any  state  highway 
or  portion  of  state  highway  may  be  established  by  the  state  highway 
commission  at  less  than  the  rate  established  by  law,  when  in  the  judg- 
ment of  said  commission  the  safety  of  persons  using  the  highway  or  the 
protection  of  the  highway  shall  be  promoted  thereby,  but  whenever  any 
such  different  rate  of  speed  is  so  established  by  said  commission,  the 
commission  shall  cause  to  be  erected  suitable  signs  to  mark  the  locHtion 
and  limits  of  the  highway  to  which  said  different  rate  of  speed  shall 
apply,  and  such  signs  shall  be  placed  at  a  distance  of  not  less  than  one 
hundreid  feet  or  at  a  greater  distance  than  one  hundred  fifty  feet  from 
the  highway  or  portion  of  highway  or  from  the  approaches  of  any  bridge, 
dam,  trestle,  culvert,  causeway  or  viaduct  with  respect  to  which  snch 
different  rate  of  speed  may  be  so  established.  In  the  case  of  a  bridge 
dam,  trestle,  culvert,  causeway  or  viaduct,  such  maximum  rate  of  speed 
so  established  by  said  commission  shall  not  be  less  than  ten  miles  an  hour, 
and  in  the  case  of  any  other  highway  or  portion  of  highway,  such  maxi- 
mum rate  of  speed  so  established  shall  notr  be  less  than  fifteen  miles  an 
hour. 

(b)  Rate  of  speed  of  vehicles  carrying  weight.     No   motor  or   other 
vehicle  carrying  a  weight  in  excess  of  nine  thousand  pounds,  including 


Act  2331b,  §  22  general  laws.  1100 

the  vehicle,  shall  be  operated,  driven,  drawn  or  otherwise  moved  on  any 
iniblic  highway  or  bridge  at  a  rate  of  speed  greater  than  twenty-fivo 
miles  an  hour;  no  motor  or  other  vehicle  carrying  a  weight  in  excess 
of  twelve  thousand  pounds,  including  the  vehicle,  shall  be  operated, 
driven,  drawn  or  otherwise  moved  on  any  public  highway  or  bridge  at 
a  rate  of  speed  greater  than  fifteen  miles  an  hour;  no  motor  or  other 
vehicle  carrying  a  weight  in  excess  of  twenty-four  thousand  pounds,  in- 
cluding the  vehicle,  shall  be  operated,  driven,  drawn  or  otherwise  moved 
on  any  public  highway  or  bridge  at  a  rate  of  speed  greater  than  ten 
miles  an  hour;  provided,  however,  that  no  motor  vehicle  or  trailer 
equipped  with  tires  made  wholly  or  partly  of  metal  shall  be  operated, 
driven,  drawn  or  otherwise  moved  on  any  public  highway  or  bridge  at 
a  rate  of  speed  greater  than  six  miles  an  hour;  provided,  further,  that 
any  such  motor  vehicle  or  trailer,  with  tires  made  wholly  or  partly  of 
metal,  may  be  operated,  driven,  drawn  or  otherwise  moved,  subject  to 
the  other  provisions  of  this  act,  up  to  ten  miles  an  hour,  if  it  be  equipped 
with  springs  and  if  the  rear  wheels  be  not  less  than  forty-six  inches  in 
diameter,  with  a  bearing  surface  of  not  less  than  eighteen  inches;  and 
provided  further,  however,  anything  to  the  contrary  herein  notwith- 
standing, that  no  motor  or  other  vehicle  constructed  or  otherwise 
adapted  for  carrying  loads  weighing  four  tons  or  more,  exclusive  of  such, 
vehicle,  shall  be  operated,  driven,  drawn  or  otherwise  moved  upon  the 
public  highway,  whether  laden  or  unladen,  at  a  rate  of  speed  exceeding 
fifteen  miles  an  hour;  and  provided,  further,  that  nothing  contained  in 
this  subdivision  shall  apply  to  motor  vehicles  equipped  with  pneumatic 
tires. 

(c)  Arrest.  In  case  of  any  person  arrested  for  violation  of  the  pro- 
visions of  this  section,  unless  such  person  shall  demand  that  he  be  taken 
forthwith  before  the  most  accessible  magistrate,  the  arresting  officer 
shall  take  the  name  and  address  of  such  person  and  the  number  of  his 
motor  vehicle  and  notify  him  in  writing  to  appear  before  a  designated 
magistrate  at  a  time  and  place  to  be  specified  in  such  writing  at  least 
five  days  subsequent  to  the  date  of  such  notice  and  upon  the  promise 
in  writing  of  such  person  to  appear  at  such  time  and  place,  such  officer 
shall  forthwith  release  him  from  custody.  Any  person  willfully  vio- 
lating such  promise  shall  be  guilty  of  a  misdemeanor  regardless  of  the 
disposition  of  the  charge  upon  which  he  was  originally  arrested. 

(d)  Regulations  by  local  authorities.  Limitations  as  to  the  rate  of 
sjieed  herein  fixed  shall  be  exclusive  of  all  other  limitations  fixed  by 
any  law  of  this  state  of  any  political  subdivision  thereof.  Local  au- 
thorities shall  have  no  power  to  enact,  enforce  or  maintain  any  ordi- 
nance, rule  or  regulation  in  any  way  in  conflict  with,  contrary  to  or  in- 
con.sistent  with  the  provisions  of  this  act,  or  of  any  section  or  other 
subdivision  thereof,  and  no  such  ordinance,  rule  or  regulation  of  said 
)o«il  authorities  heretofore  or  hereafter  enacted  shall  have  any  force 
or  effect,  excejjting,  however,  that  (1)  suclv  powers  as  are  now  or  may 
hereafter  be  vested  in  local  authorities  to  enact  ordinances  and  regula- 
lions,  applicable  equally  and  ;;(iu'r!illy  tn  ;il!  \-ehicles  and  other  users 
of  the  highways,  and  proviilin^  lor  Ir.iHic  or  crossing  officers  or  setii- 
aphores,  to  bring  about  llie  oiderly  pass;ige  of  vehicles  and  other  users 
of  the  pnl)lic  liigiiways  on  cerlaiji  [xtrtioiis  thereof,  where  the  traffic  is 


1101  MOTOR  VEHICLES.  Act  2331b,  §§  23, 24 

heavy  and  continuous,  as  well  as  (2)  the  powers  now  or  hereafter  vested 
in  loi-al  authorities  to  license  and  to  regulate  the  operation  of  vehicles 
offered  to  the  public  for  hire,  and  to  regulate  the  use  of  the  highways 
for  processions  or  assemblages,  shall  renuiin  in  full  force  and  effect,  and 
all  ordinances,  rules  and  regulations  which  may  have  been  or  which 
may  be  hereafter  enacted  in  pursuance  of  such  powers,  shall  remain  in 
full  force  and  effect;  and  provided,  further,  that  local  authorities  may 
liy  general  rule,  ordinance  or  regulation,  exclude  vehicles  from  any 
cemetery  or  ground  used  for  the  burial  of  the  dead,  or  exclude  vehicles 
used  solely  or  principally  for  commercial  purposes  from  any  park  or 
I>art  of  a  park  system  where  such  general  rule,  ordinance,  or  regulafion 
is  applicable  equally  and  generally  to  all  other  vehicles  used  for  the 
same  purpose;  provided,  that  at  the  entrance,  or  at  each  entrance  if 
there  be  more  than  one,  to  such  cemetery  or  park  from  which  vehicles 
are  so  excluded,  there  shall  have  been  posted  a  sign  plainly  legible  from 
the  middle  of  the  public  highway  on  which  such  cemetery  or  park  opens, 
plainly  indicating  such  exclusion  and  prohibition;  and  provided,  fur- 
ther, that  the  local  authorities  of  any  city,  town,  or  city  and  county  may 
impose  additional  restrictions  to  those  herein  contained  applicable  to 
vehicles  exclusively  used  in  the  carrying  of  merchandise  or  articles  of 
freight  and  of  a  capacity  in  excess  of  one  ton  in  weight  and  may  desig- 
nate certain  streets  whereon  heavy  laden  vehicles  may  be  excluded  or 
declared  to  be  "one  way"  streets,  may  further,  restrict,  or  prohibit,  the 
use  of  trailers.  [Amendment  approved  May  10,  1917;  Stats.  1917, 
p.  404.] 

§23.  Revocation  of  operator's  license — Suspension  of  license.  [Re- 
pealed 1917;  Stats.  1917,  p.  407.] 

§24.  Operator's  license.  Application.  Valid  one  year.  Badge.  Appli- 
cation of  minor,  (a)  It  shall  be  unlawful  for  any  person  to  operate 
or  drive  a  motor  vehicle  upon  the  public  highway  unless  licensed  by 
the  department  as  hereinafter  provided;  provided,  however,  that  the  re- 
quirements of  this  section  shall  not  apply  to  the  operators  or  drivers  of 
any  implements  of  husbandry  temporarily  drawn,  propelled  or  moved 
on  the  public  highway.  Before  oi)erating  a  motor  vehicle  upon  the  pub- 
lic highway,  application  for  a  license  to  operate  such  vehicle  shall  be 
made  by  mail  or  otherwise  to  the  department  upon  a  blank  to  be  pre- 
pared and  furnished  on  request  by  said  department.  To  each  person 
shall  be  assigned  some  distinguishing  number  or  mark  and  the  depart- 
ment shall  issue  to  the  licensee  a  certificate  in  such  form  as  the  depart- 
ment shall  determine;  it  shall  contain  the  distinguishing  number  or 
mark  assigned  to  the  licensee,  his  name,  age,  place  of  residence,  busi- 
ness address  if  any,  and  a  brief  description  of  the  licensee  for  the  pur- 
pose of  identification,  and  such  other  information  as  the  said  department 
shall  deem  necessary.  Every  person  licensed  to  operate  motor  vehicles 
as  aforesaid,  whether  as  a  chauffeur  or  operator,  shall  indorse  his  usual 
signature  in  the  space  on  the  license  certificate  provided  for  the  purpose, 
immediately  upon  the  receipt  of  said  certificate  and  his  license  shall  not 
be  valid  until  the  certificate  is  so  indorsed.  Licenses,  whether  to  chauf- 
feurs or  operators,  shall  be  valid  during  the  calendar  year  only  in  which 
issued.     The  department  shall  furnish  to  every  chauffeur  licensed  a  suit- 


Act  2331b,  §  26  general  laws.  1102 

able  metal  badge  with  the  distinguishing  number  assigned  to  l)im 
stamped    thereon,   without    extra    charge   therefor,    such   badge    to   have 

stamped  thereon  the  words   "Kegistered   Chauffeur  No.  ,   Cal."  with 

the  said  license  number  and  year  of  issue  inserted  therein.  This  badge 
shall  thereafter  be  worn  by  such  chauffeur,  affixed  to  his  clothing  in  a 
conspicuous  place,  at  all  times  when  he  is  operating  or  driving  a  motor 
vehicle  upon  the  public  highway,  and  the  license  certificate  issued  to 
each  chauffeur  or  operator,  under  the  provisions  of  this  section,  shall  be 
carried  by  the  licensee  at  all  times  when  he  is  operating  or  driving  a 
motor  vehicle  upon  the  public  highwaj^  and  shall  be  produced  by  him 
for  inspection  upon  request  by  any  peace  officer.  In  case  of  the  loss  of 
such  badge  or  certificate  a  duplicate  will  be  issued  by  the  department 
on  the  filing  of  an  affidavit  showing  the  fact  of  loss,  and  on  payment 
of  a  fee  of  one  dollar  to  the  department  in  the  case  of  a  badge  and  fifty 
cents  in  case  of  a  certificate.  Duplicate  license  certificates  shall  be 
issued  by  the  department  to  operators  other  than  chauffeurs  upon  appli- 
cation therefor,  whether  in  case  of  loss  or  othei*wise,  upon  payment  of 
a  fee  of  twenty-five  cents  to  the  department.  Applications  for  the  an- 
nual renewal  of  licenses  by  chauffeurs  shall  be  accompanied  by  the  fee 
required  by  section  seven  of  this  act,  but  in  ease  of  operators^  no  fee 
shall  be  required  upon  such  renewal  of  license.  (  No  chauffeur's  license 
or  badge  shall  be  issued,  to  any  applicant  under  the  age  of  eighteen 
years;  provided,  that  it  shall  be  unlawful  for  any  persoai  to  cause  or 
knowingly  to  permit  his  or  her  child,  ward  or  employee  to  operate  or 
drive  a  motor  vehicle  upon  the  public  highway,  whether  as  a  chauffeur 
or  operator,  without  first  having  obtained  such  license  as  is  hereinbefore 
specified;  provided,,  that  the  application  to  the  department  of  a  minor 
to  operate  or  drive  a  motor  vehicle,  whether  as  chauffeur  or  operator, 
shall  not  be  granted  by  the  department  unless  the  parent  or  parents  hav- 
ing the  custody  of  such  applicant  or  the  guardian  of  such  applicant  shall 
have  joined  in  said  application  by  signing  the  same;  and  provided,  tur- 
ther,  that  any  negligence  of  a  minor,  so  licensed^  in  operating  or  driving 
a  motor  vehicle  upon  the  pi]blie  highway,  whether  as  chauffeur  or  oper- 
ator, shall  be  imputed  to  the  person  or  persons  who  shall  have  signed 
the  application  of  such  minor  for  said  license,  which  person  or  persons 
shall  be  jointly  and  severally  liable  with  such  minor  for  any  "damages 
caused  by  such  negligence.  [Amendment  api>roved  May  TO.  1917;  Stats. 
1917,  p.  407. 1 

§26.  Use  of  fictitious  name,  etc.  (a)  No  person  shall  use  a  fictitious 
name  in  applying  for  such  chauffeur's  or  operator's  license,  nor  shall  any 
chauffeur  or  operator  licensed  as  herein  ])rovided  voluntarily  permit  any 
other  person  to  possess  or  use  his  license  certificate  or  badge;  nor  shall 
any  person  wliile  operating  or  driving  a  motor  vehicle  use  or  possess  any 
licens(!  certificate  or  badge  belonging  to  another  person. 

(b)  No  person  shall  display  of  cause  or  permit  to  be  displayed,  or 
have  in  liis  possession,  any  canceled,  revoked,  suspended,  altered  or  fic- 
titious registration  number  plate,  registration  seal,  registration  certifi- 
cate, o[)erator's  license  certificate,  chauffeur's  license  certificate  or  chauf- 
feur's badge,  as  the  same  are  resj)ectively  provided  for  in  this  act. 

(c)  No  person  shall  knowingly,  buy,  sell,  receive,  dispose  of,  conceal 
or   have   in   his   |>oss<'Hsioii    any    nif)tor    veiiicle    from    which    tlie   manufac- 


1103  MOTOR  VEHICLES.  Ac't  23311),  ^  27 

turer's  serial  number  or  motor  miml)er  or  any  other  distinguishing  num- 
ber or  identification  mark  has  been  removed,  defaced,  covered,  altered  or 
destroyed  for  the  purpose  of  concealment  or  misrepresenting  the  iden- 
tity of  said  motor  vehicle.  [Amendment  approved  May  10,  1917;  Stats. 
1917,  p.  408.] 

§  27.  Ill  effect  after  December  31,  1917.  Nonresident  operator.  Reg- 
istration of  certificate.  No  person  shall  oiierate  or  drive  a  motor  vehicle 
or  cause  a  trailer  to  be  drawn  upon  a  public  highway  after  the  thirty- 
first  day  of  December,  one  thousand  nine  hundred  seventeen,  nor  shall 
any  owner  of  a  motor  vehicle  or  of  any  trailer  permit  such  motor  vehicle 
or  trailer  to  be  so  operated,  driven  or  drawn  after  said  date,  unless  the 
requirements  of  this  act  relative  to  the  registration  of  motor  vehicles 
and  trailers  and  to  licensing  of  chauffeurs  and  operators  shall  have  been 
in  all  respects  complied  with;  provided,  however,  that  a  nonresident 
operator  or  chauffeur  who  has  complied  with  the  provisions  of  the  coun- 
try or  state  of  his  residence  relative  to  the  operation  of  motor  vehicles 
and  who,  while  operating  a  motor  vehicle  upon  the  highways  of  this 
state  shall  wear  such  badge  and  carry  such  license  certificate  as  may 
have  been  assigned  to  him  in  the  country  or  state  of  his  residence,  shall 
be  exempt  from  license  hereunder  for  a  period  not  to  exceed  three 
months  in  any  calendar  year;  and  provided,  further,  that  the  jirovisions 
of  this  act  relative  to  registration  and  the  payment  of  the  fees  therefor 
and  the  display  of  registration  number  plates  and  seals  shall  not  apply 
to  a  motor  vehicle  or  trailer  owned  by  a  nonresident,  other  than  a 
foreign  corporation  doing  business  in  this  state,  who  is  only  sojourning 
within  this  state;  provided,  that  the  registration  number  plate  assigned 
and  furnished  for  said  motor  vehicle  or  trailer  for  the  current  calendar 
year  by  the  country  or  state  of  which  such  owner  is  a  resident  shall  be 
displayed  on  such  motor  vehicle  or  trailer  substantially  as  provided  in 
this  act  for  vehicles  registered  pursuant  to  the  provisions  hereof;  pro- 
vided, however,  that  a  nonresident  owner  of  a  motor  vehicle  or  trailer 
so  registered  in  such  other  country  or  state  shall,  not  later  than  twenty- 
four  hours  after  commencing  to  operate  said  vehicle,  or  to  cause  or  per- 
mit the  same  to  be  operated,  on  any  public  highway  within  this  state, 
apply  to  the  department  for  registration  of  such  vehicle,  said  applica- 
tion to  be  made  upon  a  form  to  be  prepared  and  to  be  furnished  on  re- 
quest by  the  department,  and  shall  state  in  addition  to  such  other  mat- 
ters as  may  be  required  by  the  department,  the  name  and  postoffice  and 
residence  address  of  the  applicant,  together  with  the  registration  num- 
ber of  said  vehicle  in  the  country  or  state  in  which  the  same  shall  be 
registered,  which  country  or  state  shall  be  designated  by  the  applicant 
in  said  application.  Upon  receipt  of  said  application,  the  department, 
if  satisfied  of  the  facts  stated  therein,  shall,  without  charge  to  the  appli- 
cant, register  said  motor  vehicle  or  trailer  and  shall  furnish  to  the  appli- 
cant a  registration  certificate  or  device,  of  a  distinctive  form  to  be  de- 
termined by  the  department,  indicating  that  the  holder  thereof  has 
complied  with  the  requirements  of  this  act  and  containing  such  other 
matter  as  may  be  deemed  suitable  by  the  department,  which  certificate 
or  device  shall  be  valid  not  to  exceed  three  months  from  the  date  of  its 
Issuance,  at  the  end  of  which  period  it  shall  be  returned  by  said  owner, 


Act  2331b,  §§  28, 32  general  laws.  1104 

transportation  prepaid,  to  tlie  department.  In  ease  of  a  motor  vehicle, 
said  certificate  or  device  shall  be  carried,  at  all  times  while  said  motor 
vehicle  is  being  operated  or  driven  upon  the  public  highways,  in  plain 
sight  in  or  upon  said  motor  vehicle,  in  the  manner  required  of  resident 
owners  with  respect  to  registration  certificates,  and  in  case  of  a  trailer, 
such  certificate  or  device  shall  be  displayed  in  such  manner  as  the  de- 
partment shall  determine.  The  department  shall  file  said  applications 
for  registration  by  nonresident  owners,  and  shall  suitably  index  said 
applications  and  registrations,  which  files  and  index  shall  be  open  to 
inspection  by  the  public  during  reasonable  business  hours.  [Amendment 
approved  May  10,  1917;  Stats.  1917,  p.  409.] 

§28.  Using  without  owner's  consent.  It  shall  be  unlawful  for  any 
person  to  drive  or  operate,  or  cause  to  be  driven  or  operated,  upon  the 
public  highway  any  motor  vehicle  not  his  own,  whether  with  or  with- 
out intent  to  steal  the  same,  in  the  absence  of  the  owner  thereof  and 
without  such  owner's  consent;  provided,  such  consent  shall  not  be  im- 
plied in  any  instance  becavise  of  the  fact  that  upon  a  previous  occasion 
such  owner  had  consented  to  the  use  of  the  same  or  another  motor 
vehicle  by  such  person.  Any  person  violating  any  of  the  provisions  of 
this  section  shall  be  punished  by  imprisonment  in  the  county  jail  for  not 
less  than  one  month  nor  more  than  one  j-ear  or  in  state  prison  for  not 
less  than  one  year  nor  more  than  ten  years.  [Amendment  approved  Hay 
10,  1917;  Stats.  1917,  p.  410.] 

§  32.  Penalty  for  violation,  (a)  Excepting  as  in  this  act  otherwise 
provided,  or  where  u  different  penalty  is  expressly  fixed  by  this  act,  any 
person  violating  any  of  its  provisions,  or  knowingly  making  a  false 
statement  or  knowingly  concealing  a  material  fact  or  otherwise  commit- 
ting a  fraud  in  an  ap^jlication  for  the  registration  of  a  vehicle,  or  in  an 
application  for  an  operator's  or  chauffeur's  license,  shall  be  guilty  of 
a  misdemeanor,  and  upon  conviction  thereof,  unless  in  this  act  otherwise 
provided,  shall  be  punished  by  a  fine  not  exceeding  five  hundred  dollars 
or  by  imprisonment  in  the  county  jail  not  exceeding  six  months^  or 
by    both    such    fine    and    imprisonment. 

(1))  Order  of  state  highway  commission  to  suspend  or  revoke  license. 
Witnesses,  etc  Fees.  Enforcement  of  orders.  Immediately  upon  re- 
ceipt ]>y  tlie  department  of  inl'oriiiation  concerning  the  conviction  of 
any  j)erson  for  tlic  violation  of  section  seventeen  of  this  act,  or  con- 
cerning the  third  conviction  within  any  calendar  year  of  any  person  for 
the  violation  of  section  twenty-two  of  this  act,  the  department  shall 
transmit  said  information  to  the  state  highway  commission,  whereupon 
s.'iid  highway  coiiiinission,  (ii-  any  im'in))er  tiiereof,  shall  fix  a  time  and 
jjjacc  Utv  a  licaring,  and  the  pt'isoii  s(i  convicted  shall  be  served  with  a 
written  notice,  at  least  ten  days  juior  to  the  date  of  said  hearing,  to 
appear  and  show  canse,  at  such  hearing,  wliy  his  license  to  operate  a  motor 
vrhii-lr  iijion  ihc  pnlilic  iiighways  sIkiuM  not  be  susjicnded  or  revoked. 
If  upon  siicli  hearing  it  is  determincil  liial  there  is  good  and  sutticient 
reason  therefor,  findings  and  an  order  shall  Ije  made  by  the  commission 
or  l)y  the  jierson  or  persons  liolding  such  hearing  on  behalf  of  tlie  com- 
niission     to    tlie    ell'eet     that    surli    li<MMise    shall    be    revoked,    or    shall    be 


1105  MOTOK  VEHICLES.  Act  2331b,  §  32 

susi)ended  for  a  limited  time  to  be  determined  by  tiie  commission,  which 
findings  and  order  shall  be  transmitted  to  the  department,  and  the  de- 
partment shall  thereupon  forthwith  revolve  said  license,  or  suspend  the 
same,  in  accordance  with  said  findings  and  order;  provided,  that  in  like 
manner  said  commission  may,  upon  its  own  initiative  or  upon  the  sworn 
information  of  any  person,  in  its  discretion  order  the  suspension  or 
revocation  of  any  operator's  or  chauffeur's  license  (1)  if  satisfied,  upon 
such  hearing  as  hereinbefore  provided  for,  that  such  operator  or  chauf- 
feur is  a  reckless. driver  or  that  he  is  an  incompetent  or  unfit  person  to 
ojierate  a  motor  vehicle  because  of  a  mental  or  physical  infirmity  or 
disability,  or  (2)  when  said  operator  or  chauffeur  shall  have  been  directly 
concerned  in  an  accident  upon  the  ])ul)lic  highway  resulting  in  the  deatli 
of  any  person. 

If  in  any  case  the  respondent  shall  fail  to  appear  at  the  time  and 
place  fixed  for  any  such  hearing  as  is  provided  in  this  section,  he  shall 
be  in  default,  and  if  in  the  opinion  of  the  commission,  or  of  the  person 
or  persons  holding  such  hearing  on  behalf  of  the  commission,  there  is 
sufficient  reason  therefor,  the  license  of  the  respondent  may  be  ordered 
revoked  or  susjiended,  w'hereupon  the  department  shall  upon  notice  of 
such  order,  revoke  or  suspend,  as  the  case  may  be,  such  license. 

Upon  the  suspension  or  revocation  of  any  chauffeur's  or  operator's 
license,  the  department  shall  demand  the  surrender  of  the  license  cer- 
tificate, and  any  duplicates  thereof  that  may  have  been  issued,  and  also 
the  license  badge,  if  anj^,  and  it  shall  be  unlawful  for  any  person  whose 
license  has  been  suspended  or  revoked  as  herein  provided  to  fail  or 
neglect  forthwith  to  surrender  to  the  department  any  such  certificates 
or  badge  in  his  possession  or  under  his  control. 

Said  commission,  or  any  member  thereof,  or  any  person  authorized  to 
hold  the  hearings  hereinbefore  provided  for,  may  summon  witnesses  in 
behalf  of  the  state  and  may  administer  oaths  and  take  testimony,  may 
cause  depositions  to  be  taken,  and  may  order  the  production  of  books, 
papers,   agreements   and   documents. 

The  fees  for  the  attendance  and  travel  of  witnesses  shall  be  the  same 
as  for  witnesses  before  the  superior  court,  and  shall  be  paid  by  the  state 
upon   demand  by  the   commission  filed  w^ith  the   controller. 

The  supreme  court,  any  district  court  of  appeal  or  any  superior  court 
shall  have  jurisdiction,  upon  the  application  of  the  commission,  or  of 
tlie  motor  vehicle  department,  to  enforce  all  lawful  orders  of  the  com- 
mission under  this  section. 

(c)  Suspension  of  operator's  license.  In  addition  to  any  or  all  other 
punishments  provided  in  this  act  and  inij)osed  by  the  court  upon  any 
person  for  violation  of  any  of  the  provisions  of  this  act,  the  court  may, 
in  its  discretion,  suspend  an  operator's  or  chauffeur's  license  for  a  period 
of  not  to  exceed  thirty  days,  in  which  case  the  court  shall  take  up  the 
license  certificate  of  such  person  together  with,  in  case  of  a  chauff(Mir. 
the  license  badge,  and  shall  forward  them  to  the  department. 

(d)  Return  of  license.  Upon  the  expiration  of  the  period  of  suspen- 
sion of  any  license  as  hereinbefore  in  this  section  provided  for,  the  de- 
partment shall  return  to  the  licensee  his  license  certificate,  or  in  its  dis-" 
cretion   may   issue   to  him   a   new   certificate,   and   such   license   shall    be 

70 


Act  2331b,  §§  33, 34  general  laws.  1106 

valid  for  the  remainder  of  the  current  calendar  year,  subject  to  the  other 
provisions  of  this  act;  and  in  like  manner  the  department  shall  return 
to  any  chauffeur  whose  license  badge  may  have  been  forwarded  to  the 
department  upon  suspension  of  his  license,  such  license  badge  or  issue 
to  such  licensee  a  new  badge.  [Amendment  approved  May  10,  1917; 
Stats.  1917,  p.  410.] 

§33.     Revocation  of  operator's  license.     Suspension  of  license.     [Re- 
pealed 1917;  Stats.  1917,  p,  412.] 

§  34.  Motor  vehicle  fund  created.  Operator's  license  fund.  Disposi- 
tion of  receipts.  Revolving  fund.  Improvement  of  highway.  Report 
by  boards  of  supervisors.  There  is  hereby  created  in  the  state  treasury 
a  fund  which  shall  be  known  as  the  "motor  vehicle  fund."  All  moneys 
received  by  the  department  under  any  of  the  provisions  of  this  act 
must  be  paid  into  the  state  treasury  within  twenty-four  hours  after  the 
receipt  thereof  and  shall  be  deposited  to  the  credit  of  the  motor  vehicle 
fund,  but  if  at  any  time  such  payment  cannot  be  made  because  of  the 
intervention  of  a  Sunday  or  a  holiday,  then  such  money  shall  be  paid 
into  the  state  treasury  before  twelve  o'clock  noon  of  the  first  business 
day  following  such  Sunday  or  holiday;  provided,  however,  that  there  is 
also  hereby  created  in  the  state  treasury  a  fund  which  shall  be  known 
as  the  "operators'  license  fund,"  and  the  moneys  received  by  the  depart- 
ment for  operators'  or  chauffeurs'  licenses  shall  not  be  credited  to  the 
motor  vehicle  fund  but  to  the  credit  of  said  operators'  license  fund. 
One-half  of  the  net  receipts  under  this  act  except  those  credited  to  the 
operators'  license  fund  shall  be  paid  from  the  motor  vehicle  fund  to 
the  counties  from  which  the  moneys  were  received,  as  determined  by  the 
places  of  residence  of  the  persons  to  whom  the  registration  certificates 
are  issued,  and  all  such  amounts  so  returned  shall  be  paid  into  the  road 
funds  of  the  several  counties  receiving  the  same,  and  shall  be  expended 
by  such  counties  exclusively  in  the  construction  and  maintenance  of 
roads,  bridges  and  culverts  in  said  counties  respectively.  In  the  event 
that  any  county  has  not  established  a  road  fund,  its  proportion  of  said 
net  receipts  shall  be  retained  by  the  state  until  provision  for  such  road 
fund  has  been  made,  and  it  shall  then  be  paid  over.  In  the  months 
of  .January  and  July  of  each  year  the  department  shall  make  to  the 
controller  a  report  setting  forth  the  gross  and  net  receipts  for  the  pre- 
ceding six  months,  and  thereafter  the  controller  shall  draw  his  warrants 
upon  the  motor  vehicle  fund  in  favor  of  the  county  treasurer  of  each 
county  for  the  amount  to  which  such  county  is  entitled;  provided, 
nevertheless,  that  the  controller  shall  not  draw  such  warrant  in  favor 
of  any  county  which  theretofore  shall  not  have  established  a  road 
fund  or  which  shall  be  delinquent  in  its  annual  report  to  the  state 
department  of  engineering  as  hereinafter  required.  Of  the  moneys  in 
said  motor  vehicle  fund,  when  such  action  has  been  authorized  by  the 
board  of  control,  the  department  may  draw,  without  at  the  time  fur- 
nishing vouchers  and  itemized  statements,  sums  not  to  exceed  in  the 
aggregate  ten  thousand  dollars,  said  sums  so  drawn  to  be  used  as  a 
revolving  fund  where  cash  advances  are  necessary.  At  the  close  of 
each  fiscal  year,  or  at  any  other  time  npoii  demand  of  the  board  of  con- 
trol, the  moneys  so  drawn  must   he  accounted  for  and  substantiated  by 


1107  MOTOR  VEHICLES.  Act  2331b,  §  35 

vouchers  and  itemized  statements  submitted  to  and  audited  by  the  board 
of  control  and  by  the  controller.  All  moneys  remaining  in  the  motor 
vehicle  fund  after  the  expenditures  herein  authorized,  in  addition  to 
all  sums  that  have  been  heretofore  or  that  may  be  appropriated  here- 
after by  the  legislature  for  the  same  purjiose,  shall  be  expended  under 
the  direction  of  the  state  department  of  engineering  for  the  mainte- 
nance and  improvement  of  the  state  roads  and  highways  under  the 
jurisdiction  of  said  department  of  engineering,  and  for  the  maintenance 
and  improvement  of  roads  and  highways  in  state  parks  subject  to  the 
approval  of  the  official  or  officials  charged  by  law  with  the  management 
and  control  of  such  parks,  such  moneys  to  be  so  drawn  from  said 
motor  vehicle  fund  for  the  purpose  of  such  maintenance  and  improve- 
ment upon  warrants  executed  by  the  state  controller  upon  demand 
made  by  the  state  department  of  engineering,  and  allowed  and  audited 
by  the  board  of  control.  So  much  of  the  motor  vehicle  fund  as  may 
be  necessary  is  hereby  appropriated  to  be  expended  by  the  department 
in  carrying  out  the  provisions  of  this  act;  provided,  however,  that  there 
shall  not  be  so  expended  out  of  the  motor  vehicle  fund  in  any  one  year 
more  than  ten  per  cent  of  said  fund;  and  provided,  further,  that  the 
board  of  supervisors  of  each  county  in  the  state  shall  make  an  annual 
report  to  the  state  department  of  engineering  not  later,  than  the  first 
day  of  March  in  each  year,  upon  forms  to  be  provided  by  the  state 
department  of  engineering,  showing  the  amount  of  moneys  received  out 
of  the  motor  vehicle  fund  during  the  preceding  calendar  year  and  the 
disposition  of  said  moneys,  specifying  in  such  detail  as  may  be  required 
by  said  department  of  engineering  the  roads,  bridges  and  culverts  con- 
structed or  maintained  out  of  said  moneys  and  the  sums  applied  to  the 
several  items  of  such  construction  or  maintenance;  and  provided, 
further,  that  whenever  said  report  shall  not  have  been  duly  filed  in 
the  manner  and  form  hereby  provided  at  or  before  the  time  hereinbefore 
specified,  no  further  warrants  shall  be  drawn  upon  the  motor  vehicle 
fund  in  favor  of  the  county  treasurer  of  such  delinquent  county  until 
said  report  has  been  furnished.  [Amendment  approved  May  10,  1917; 
Stats.   1917,  p.  412.] 

§35.  Disposition  of  fines,  (a)  All  fines  or  forfeitures  collected  in 
cases  of  conviction  for  violation  of  any  of  the  provisions  of  this  act 
following  arrests  by  any  officer  employed  by  an  incorporated  munici- 
pality, except  a  city  and  county,  shall  be  paid  to  the  treasurer  'of  the 
county  in  which  such  municipality  is  situated  and  such  moneys  shall 
belong  to  the  several  counties,  to  be  used  by  them,  when  authorized 
and  permitted  by  law,  in  the  discretion  of  the  respective  boards  of 
supervisors  in  the  construction,  maintenance  and  improvement  of  roads, 
streets,  bridges  and  culverts  within  the  limits  of  the  incorporated  mu- 
nicipalities of  said  counties,  and  for  no  other  purpose;  provided,  how- 
ever, that  when  not  so  authorized  or  permitted  by  law  to  use  such 
moneys  for  said  purposes,  said  counties  shall  receive  said  moneys  for 
the  benefit  of,  and  said  moneys  shall  belong  to,  the  several  incorporated 
municipalities  in  said  counties  respectively,  excepting  as  herein  other- 
wise provided,  and  at  quarterly  intervals  the  supervisors  shall  apportion 
and  pay    over   said    moneys   to    said    municipalities   according  to   their 


Act  2331b,  §  37  general  laws.  1108 

population  ascertained  in  tlie  manner  provided  by  law,  whieli  moneys 
shall  be  expended  by  such  municipalities  solely  in  the  construction, 
maintenance  and  improvement  of  streets,  bridges  and  culverts  within 
the  city  limits  along  routes  directly  connecting  interurban  public  high- 
way's entering  such  cities  respectively;  provided,  however,  anything  to 
the  contrary  herein  notwithstanding,  that  no  (1)  incorporated  city  and 
county,  (2)  city  of  more  than  twenty-five  thousand  population,  or  (3) 
city  operating  under  a  freeholder's  charter  and  enforcing  or  seeking 
to  enforce  any  ordinance,  rule  or  regulation  in  conflict  with  or  fevering 
the  same  or  any  part  of  the  ground  covered  by  this  act,  except  as  ex- 
jiressly  permitted   therein,  shall  be   entitled  to  share  in  said  moneys. 

("b)  Any  and  all  other  fines  or  forfeitures  collected  by  or  in  any  court 
for  violation  of  any  of  the  provisions  of  this  act,  whether  by  a  justice 
of  the  peace,  police  court,  city  recorder's  court,  city  justice  of  the  peace, 
or  otherwise,  shall  be  paid  to  the  treasurer  of  the  county  or  Incor- 
porated city  and  county  in  which,  the  court  is  held,  and  said  moneys 
shall  be  used  by  the  several  counties  and  incorporated  cities  and  coun- 
ties solely  in  the  construction,  maintenance  and  improvement  of  roads, 
streets,  bridges  and  culverts  within  their  respective  limits,  and  for  no 
otlier  purpose.  [Amendment  approved  May  10,  1917;  Stats.  1917, 
p.  414.] 

§  37.  Motor  vehicle  department  created.  Salaries.  There  is  hereby 
created  a  department  to  be  known  as  the  motor  vehicle  department  of 
California.  The  chief  officer  shall  be  known  as  the  superintendent,  who 
shall  be  a  civil  executive  officer  and  shall  be  appointed  by  the  governor 
and  shall  hold  office  at  the  pleasure  of  the  governor.  He  shall  within 
fifteen  days  from  the  time  of  notice  of  his  appointment  take  and  sub- 
scribe to  the  constitutional  oath  of  office  and  file  the  same  in  the  office 
of  the  secretary  of  state  and  execute  to  the  people  of  the  state  a  bond 
in  the  penal  sum  of  ten  thousand  dollars.  He  shall  receive  an  annual 
salary  of  three  thousand  dollars  to  be  paid  monthly  upon  a  warrant  of 
the  controller.  He  shall  have  the  power  to  appoint  one  chief  clerk, 
who,  shall  be  a  civil  executive  officer,  at  an  annual  salarj-  of  two  thou- 
sand one  hundred  dollars;  one  cashier,  at  an  annual  salary  of  two 
thousand  one  hundred  dollars;  and,  with  the  approval  of  the  board  of 
control,  such  additional  employees  as  the  proper  and  economical  con- 
duct of  the  business  of  the  department  may  demand,  and  shall  fix  and 
])iescribc  their  duties,  compensation  and  term  of  employment;  provided, 
that  such  employees  shall  include  fiekl  deputies  or  inspectors,  upon 
whom  are  hereby  conferred,  for  the  purposes  of  the  enforcement  of  this 
act,  tlie  powers  now  or  hereafter  vested  by  law  in  peace  officers,  and 
wlio  may  exercise  said  jjowcrs  in  any  jiortioii  of  the  state  or  of  any 
|iolitical  subdivision  tiiercof,  but  solely  in  the  cni^uccment  of  the  i)rovi- 
siouH  (if  this  art.  The  <;ishi('r  shall  execute  Id  the  ])eople  of  the  state 
a  honij  in  the  ]icnnl  sum  of  ti\o  thousand  dollnrs.  The  salaries  herein 
|irovided  for  shall  lie  laynldc  luimihly,  and  the  cxiicuilitures  authorized 
\>y  this  act,  shall  he  ina<U'  uj)(mi  the  cert  ificatc  of  the  superintendent 
of  tlie  dc]>artmcnt,  allowed  and  audited  liy  the  hoard  of  control,  an.l  tiie 
warrant  of  tii<;  state  controller.  |  Amcmlnu'ut  a|p|ir()\ed  May  ID,  1917- 
Stats.    1917,  ]).    11.11 


1109  MOTOR    VEHICLES.  xVt't  2331(1  J  1 

§42.     Copies  printed.      |  Kepoaled   May   10,   1917;   Stats.   1917,  p.  415.] 
The  amendatory  act  of   1917  contained  the  following  sections: 

§28.  Printed  copies  of  a<;t.  There  shall  be  printed  two  hundred  fifty 
thousand  copies  of  said  veiiicle  act,  as  amended  by  this  act,  which  shall 
be  liistributed  to  the  pu])licou  request,  without  charge,  by  the  depart- 
ment.     |. Amendment  approved  May   10,   1917;   Stats.  1917,  p.  415.  | 

§29.  In  effect  when.  Kxeeiding  tlio  [irovision  of  section  eleven 
hereof  requiring  that  the  light  displayed  upon  a  trailer  shall  illumina,te 
the  number  plate  carried  upon  such  trailer,  each  and  all  of  the  provi- 
sions of  sections  one,  eleven,  twelve,  thirteen,  fourteen,  fifteen,  sixteen, 
seventeen,  twenty-one,  twenty-two,  twenty-three,  twenty-five,  twenty- 
seven,  twenty-eight  and  twenty-nine  of  this  act,  together  with  such  jiro- 
visions  of  section  twenty-six  of  this  act  as  relate  to  the  salaries  of  the 
officers  or  employees  of  the  department,  and  such  other  provisions  of 
this  act  as  relate  to  or  require  the  pre2)aration  or  purchase  of  forms 
and  supplies,  and  other  work  incident  to  the  registration  of  motor 
vehicles  and  trailers  and  the  licensing  of  ojierators  and  chauffeurs,  shall 
go  into  effect  ninety  days  after  the  final  adjournment  of  this  session  of 
the  legislature,  and  the  remainder  of  this  act  shall  go  into  effect  at  mid- 
night on  the  thirty-first  day  of  December,  in  the  year  one  thousand  nine 
hundred  seventeen.  [Amendment  approved  May  10,  1917;  Stats.  1917. 
p.  415.] 

ACT  2331d. 

An  act  providing  for  the  supervision  and  regulation  of  the  transporta- 
tion of  persons  and  property  for  compensation  over  any  public  high- 
way by  automobiles,  jitney  buses,  auto  trucks,  stages  and  auto 
stages;  providing  for  the  issue  by  incorporated  cities  and  towns, 
cities  and  counties,  and  counties  of  permits  for  the  operation  of 
such  automobiles,  jitney  buses,  auto  trucks,  stages  and  auto  stages; 
empowering  incorporated  cities  and  towns,  cities  and  counties,  and 
counties  to  enact  ordinances  for  the  supervision  and  regulation  of 
automobiles,  jitnej-  buses,  auto  trucks*  stages  and  auto  stages  and 
providing  penalties  for  the  violation  of  such  ordinances;  defining 
transportation  companies  and  providing  for  the  supervision  and 
regulation  thereof  by  the  railroad  commission;  providing  for  the 
enforcement  of  the  provisions  of  this  act  and  for  the  punishment 
of  violations  thereof;  and  repealing  all  acts  and  parts  of  acts  incon- 
sistent with  the  provisions  of  this  act. 

[Approved  May  10,  1917.     Stats.  1917,  p.  330.     In  effect  July  27,  1917.] 

§1.  Words  and  phrases  defined,  (a)  The  term  "corporation,"  when 
used  in  this  act,  means  a  corporation,  a  company,  an  association  or  a 
joint  stock  association. 

("b)  The  term  "person,"  when  used  in  this  act,  means  an  individual, 
a  firm  or  a  copartnership. 

(c)  The  term  "transportation  company,"  when  used  in  this  act,  means 
every  corporation  or  person,  their  lessees,  trustees,  receivers  or  trustees 
appointed   by   any   court   whatsoever,   owning,    controlling,   operating   or 


Act2331d,  §§  2, 3  general  laws.  1110 

managing  any  automobile,  jitney  bus,  auto  truck,  stage  or  auto  stage 
used  in  the  transportation  of  persons  or  property  as  a  common  carrier 
for  compensation  over  any  public  highway  in  this  state  between  fixed 
termini  or  over  a  regular  route  and  not  operating  exclusively  within  the 
limits  of  an  incorporated  city  or  town  or  of  a  city  and  county;  pro- 
vided, that  the  term  "transportation  company,"  as  used  in  this  act,  shall 
not  include  corporations  or  persons,  their  lessees,  trustees,  receivers  or 
trustees  appointed  by  any  court  whatsoever,  in  so  far  as  they  own,  con- 
trol, operate  or  manage  taxicabs,  hotel  buses  or  sight-seeing  buses, 
or  any  other  carrier  which  does  not  come  within  the  term  "transporta- 
tion company"  as  herein  defined. 

(d)  The  term  "public  highway,"  when  used  in  this  act,  means  every 
public  street,  road  or  highway  in  this  state. 

(e)  The  words  "between  fixed  termini  or  over  a  regular  route,"  when 
used  in  this  act,  mean  the  termini  or  route  between  or  over  which  any 
corporation  or  person,  their  lessees,  trustees,  receivers  or  trustees  ap- 
pointed by  any  court  whatsoever,  usually  or  ordinarily  operate  any  auto- 
mobile, jitney  bus,  auto  truck,  stage  or  auto  stage,  even  though  there 
may  be  departures  from  said  termini  or  route,  whether  such  departures 
be  periodic  or  irregular.  Whether  or  not  any  automobile,  jitney  bus, 
auto  truck,  stage  or  auto  stage  is  operating  "between  fixed  termini  or 
over  a  regular  route"  within  the  meaning  of  this  act  shall  be  a  question 
of  fact  and  the  finding  of  the  railroad  commission  thereon  shall  be 
final   and   shall   not  be   subject  to  review. 

§  2.  Jitney  bus,  etc.,  must  be  operated  according  to  law.  No  corpo- 
ration or  person,  their  lessees,  trustees,  receivers  or  trustees  appointed 
by  any  court  whatsoever,  shall  operate  any  automobile,  jitney  bus,  auto 
truck,  stage  or  auto  stage  for  the  transportation  of  persons  or  property 
for  compensation  on  any  public  highway  in  this  state  except  in  accord- 
ance with  the  provisions  of  this  act. 

§3.  Permit  to  operate,  (a)  No  corporation  or  person,  their  lessees, 
trustees,  receivers  or  trustees  appointed  by  any  court  whatsoever,  shall 
operate  any  automobile,  jitney  bus,  auto  truck,  stage  or  auto  stage  for 
the  transportation  of  persons  or  property  as  a  common  carrier  for  com- 
jiensation  on  any  public  higliway  in  this  state  between  any  fixed  termini 
between  which  or  over  any  route  over  which  such  corporation,  their 
lessees,  trustees,  receivers  or  trustees  appointed  by  any  court  wliatso- 
ever,  are  not  actually  operating  in  good  faith  on  May  1,  1917,  unless 
a  permit   has   fir.st  been   secured  as  herein    ])rovid(><l. 

(\>)  Application.  Hearing.  Permit  issued.  Matters  in  permit.  Power 
of  cities,  city  and  county  and  counties  to  regulate.  Aj)iilication  for  such 
permit  shall  be  made  by  such  corporation  or  jjcrson,  tiieir  lessees,  trus- 
lees,  receivers  or  trustees  appoint('(|  by  ;iny  court  whatsoever,  to  the 
legislative  or  other  governing  boaid  ov  body  ol'  each  incorporated  city 
or  town,  city  and  county,  and  county  witiiin  or  llir(uigli  which  api»licant 
intends  to  ojierate.  Such  aiipiicalion  shall  lie  in  writing,  verified  by 
applicant,  and  shall  specify   tlie  tnllowini^   mjittcrs: 

CI)  Tlie  riante  and  address  of  a|iiilif;int  and  the  nnnics  ;inr|  addresses 
(if   ils  (tl'lii'iTs,  if  any. 


1111  MOTOR  VEHICLES.  Act  2331d,  §  3 

(2)  The  pulilic  highway  oi-  lii^hways  over  which  and  the  fixed  termini 
or  the  regular  route,  if  any,  between  which  or  over  whicli  applicant 
intends  to  operate. 

(3)  The  kind  of  transportation,  whether  passenger  or  freight  or 
both,  in  which  applicant  intends  to  engage,  together  with  a  brief  de- 
scription of  each  vehicle  which  applicant  intends  to  use,  including  the 
seating  capacity  thereof  if  for  passenger  traffic  or  the  tonnage  if  for 
freight   traffic. 

(4)  A  proposed   time  schedule,  if  any. 

(5)  A  schedule  or  tariff"  showing  the  passenger  fares  or  freight  rates 
to  be  charged  between  the  several  points  or  localities  to  be  served. 

(c)  Upon  the  filing  of  said  application,  the  legislative  or  other  gov- 
erning board  or  body  with  which  the  same  has  been  filed  may  in  its 
discretion  fix  a  time  and  place  for  a  hearing  on  said  application,  which 
time  shall  not  be  less  than  five  days  subsequent  to  the  filing  of  said 
application.  No  application  shall  be  granted  without  a  hearing.  When 
a  time  and  place  for  a  hearing,  haA-e  been  fixed,  the  applicant  shall,  at 
least  three  days  prior  to  said  hearing,  cause  to  be  published  in  a  news- 
paper of  general  circulation  in  the  incorporated  city  or  town,  city  and 
county,  or  county  within  which  applicant  desires  to  exercise  a  permit, 
a  notice  reciting  the  fact  of  the  filing  of  said  application,  together  with 
a  statement  of  the  time  and  place  of  the  hearing  of  said  application. 

(d)  At  the  time  specified  in  said  notice  or  at  such  later  time  as  may 
be  fixed  by  said  legislative  or  other  governing  board  or  body,  a  public 
hearing  upon  said  application  shall  be  held  by  or  under  the  direction 
of  said  legislative  or  other  governing  board  or  body.  After  such  hear- 
ing, said  legislative  or  other  governing  board  or  body  may  issue  the 
permit  as  prayed  for  or  refuse  to  issue  the  same,  or  may  issue  the  same 
with  modifications  and  upon  such  terms  and  conditions  as  in  its  judg- 
ment the  public  convenience  and  necessity  may  require. 

(e)  Each  permit  issued  under  the  provisions  of  this  act  shall  contain 
the   following  matters: 

(1)  The  name  of  the  grantee. 

(2)  The  public  highway  or  highways  over  wliich.  and  the  fixed  terinini, 
if  any,  between   which   the  grantee  is  permitted  to  operate. 

(3)  The  kind  of  transportation,  whether  passenger  or  freight,  in 
which  the  grantee  is  i)ermitted  to  engage,  together  with  a  statement 
of  the  number  and  of  the  maximum  seating  or  tonnage  capacity  of  the 
vehicles  which  the  grantee  is  permitted  to  operate. 

(4)  The  term  for  w^hich  the  permit  is  granted,  which  term  sliall  not 
exceed   five   years. 

(5)  Such  additional  matters  as  said  legislative  or  otlier  governing 
board  or  body  may  deem  necessary  or  jjroper  to  be  inserted  in  said 
]iermit. 

No  permit  issued  under  the  provisions  of  this  act  may  be  assigned 
or  transferred   without   the  consent  of   the   granting  authority. 

(f)  Each  incorporated  city  or  town,  city  and  county,  and  county  shall 
have  the  power,  by  ordinance,  to  supervise  and  regulate  every  corpora- 
lion  or  person,  their  lessees,  trustees,  receivers  or  trustees  appointed 
by  any  court  whatsoever,  owning,  controlling,  operating  or  managing 
any  automobile,  jitney  bus,  auto  truck,  stage  or  auto  stage,  used  for  the 


Act  2331(1,  §§  4,  5  GENERAL    LAWS.  1112 

transportation  of  persons  or  property  for  compensation  over  any  public 
highway  within  their  respective  territorial  limits,  and  in  the  exercise 
of  such  power  may  provide  for  the  licensing  of  all  drivers,  the  filing  of 
indemnity  bonds,  the  enactment  of  traffic  rules  and  regulations,  the 
regulation  of  the  rates,  service  and  safety  of  all  such  corporations  and 
persons,  their  lessees,  trustees,  receivers  or  trustees  appointed  by  any 
court  whatsoever,  and  all  other  matters  affecting  the  relationshij)  be- 
tween such  carriers  and  the  traveling  and  shipping  public,  with  power 
to  prescribe  penalties  for  the  violation  of  such  ordinances;  provided, 
that  the  power  in  this  act  granted  to  incorporated  cities  and  towns, 
cities  and  counties,  and  counties  shall  at  all  times  be  subject  to  and  in 
no  instance  be  construed  to  impair  the  judisdietiou  of  the  railroad  com- 
mission of  the  state  of  California  as  conferred  by  the  constitution  of 
this  state  or  by  this  act. 

(g)  Power  to  prevent  use  of  highways  without  permit.  Nothing  in 
this  act  contained  shall  be  construed  as  in  any  way  limiting  or  impairing 
the  power  of  any  incorporated  city  or  town,  city  and  county,  or  eOunty, 
to  prevent  corporations  and  persons,  their  lessees,  trustees,  receivers 
or  trustees  appointed  by  any  court  whatsoever,  engaged  on  May  1,  1917, 
in  the  transportation  of  persons  or  property  for  compensation  over  any 
public  highway  or  highways  in  this  state  from  thereafter  using  any 
public  highway  or  highways  within  the  territorial  limits  of  such  in- 
corporated city  or  town,  city  and  county,  or  county,  unless  they  shall 
first  have  secured  from  such  incorporated  city  or  town,  city  and  county, 
or  county,  a  franchise  or  permit  for  the  use  of  such  public  highway  or 
highways  in  accordance  with  the  organic  law  of  such  incorporated  city 
or  town,  city  and  county  or  county. 

§  4.     Power    of   railroad    commission    over    transportation    companies. 

The  railroad  commission  of  the  state  of  California  is  hereby  vested  with 
power  and  authority  to  supervise  and  regulate  every  transportation 
company  in  this  state;  to  fix  the  rates,  fares,  charges,  classifications, 
rules  and  regulations  of  each  such  transportation  company;  to  regulate 
the  accounts,  service  and  safety  of  operations  of  each  such  transportation 
company;  to  require  the  filing  of  annual  and  other  reports  and  of  other 
data  by  such  transportation  companies;  and  to  supervise  and  regulate 
transportation  companies  in  all  other  matters  affecting  the  relationship 
between  such  companies  and  the  traveling  and  shipping  public.  The 
railroad  commission  shall  have  power  and  authority,  by  general  order 
or  otherwise,  to  prescribe  rules  and  regulations  applicable  to  any  and  all 
tiansiiortation  companies.  The  railroad  commission,  in  the  exercise  of 
the  jurisdiction  conferred  upon  it  by  the  constitution  of  this  state  and 
by  this  act,  shall  have  power  and  authority  to  make  orders  and  to  pre- 
scTiV)C  rules  and  regulations  affecting  transportation  -companies,  not- 
withstanding the  provisions  of  any  ordinance  or  permit  of  any  incor- 
jiorated  city  or  town,  city  and  county,  or  county,  and  in  case  of  conflict 
between  any  such  order,  rule  or  regulation  and  any  such  ordinance  or 
permit,  the  ordiT,  inic  or  regulation  of  the  railroail  commission  shall  in 
each   instance   incxail. 

§5.  Certificate  from  railroad  commission.  \'o  ( rans|iortatii)n  com- 
paiiv  shall  licrcartcr  exercise  any   right  or  privilege  under  any  franchise 


1113  MOTOR   VEJllCLES.  Act  2331(1,  §  6 

or  permit  hereafter  granted  by  any  incorporated  city  or  town,  city 
and  county,  or  county,  without  having  first  obtained  from  the  railroad 
commission  a*  certificate  declaring  that  public  convenience  and  necessity 
require  the  exercise  of  such  right  or  privilege,  but  no  such  eerticate 
shall  be  required  of  any  transportation  company  as  to  the  fixed  termini 
between  which  or  the  route  over  which  it  is  actually  operating  in  good 
faith  on  May  1,  1917.  A  transportation  company  may  apply  for  a  cer- 
tificate of  public  convenience  and  necessity  in  advance  of  securing  any 
franchise  or  permit  for  the  use  of  the  public  highways  constituting  the 
proposed  route.  The  railroad  commission  shall  have  power,  with  or 
without  hearing,  to  issue  said  certificate  as  prayed  for,  or  to  refuse  to 
issue  the  same,  or  to  issue  it  for  the  partial  exercise  only  of  said 
privilege  sought,  and  may  attach  to  the  exercise  of  the  rights  granted 
by  said  certificate  such  terms  and  conditions  as,  in  its  judgment,  the 
public  convenience  and  necessity  may  require. 

The  railroad  commission  may  at  any  time  for  a  good  cause  suspend 
and  upon  notice  to  the  grantee  of  any  certificate  and  opportunity  to  be 
heard  revoke,  alter  or  amend  any  certificate  issued  under  the  provisions 
of  this  section. 

§  6.  Order  authorizing  issue  of  stock  and  bonds.  Application  of  pub- 
lic utilities  ax;t.  Fees.  No  transportation  company  may  issue  any  stock 
or  stock  eerticate,  or  any  bond,  or  any  note  or  other  evidence  of  in- 
debtedness payable  at  a  period  of  more  than  twelve  months  after  the 
date  thereof  in  such  an  amount  that  the  aggregate  amount  of  notes  or 
other  evidences  of  indebtedness  at  any  one  time  outstanding  shall  exceed 
the  amount  of  two  thousand  five  hundred  dollars,  unless  such  transpor- 
tation company,  in  addition  to  the  other  requirements  of  law,  shall  first 
have  secured  from  the  railroad  commission  an  order  authorizing  such 
issue  and  stating  the  amount  thereof  and  the  purpose  or  purposes  to 
which  the  issue  or  the  proceeds  thereof  are  to  be  applied  and  that,  in 
the  opinion  of  the  railroad  commission,  the  money,  property  or  labor 
to  be  procured  or  paid  for  by  such  issue  is  reasonably  required  for  the 
purj)Ose  or  purposes  specified  in  the  order  and  that,  except  as  otherwise 
permitted  in  the  order  in  the  case  of  bonds,  notes  and  other  evidences 
of  indebtedness,  such  purpose  or  purposes  are  not,  in  whole  or  in  part, 
reasonably  chargeable  to  operating  expenses  or  to  income.  Such  order 
may  be  made,  in  the  discretion  of  the  railroad  commission,  either  with 
or  without  a  public  hearing.  Except  as  in  this  section  otherwise  pro- 
vided, the  provisions  of  section  fifty-two  of  the  public  utilities  act  re- 
ferring to  the  purposes  for  wdiicli  stocks  and  stock  certificates,  bonds, 
notes  and  other  evidences^  of  indebtedness,  may  be  issued  and  the  ap- 
plication of  and  the  accounting  for  the  proceeds  thereof,  the  powers 
and  duties  of  the  railroad  commission  and  the  rights  and  duties  of 
public  utilities  with  reference  thereto,  the  legal  status  of  stocks  and 
stock  certicates  and  of  bonds,  notes  and  other  evidences  of  indebted- 
ness, issued  without  an  order  of  the  railroad  commission  then  in  effect, 
and  the  relationship  of  the  state  of  California  to  such  stocks  and  stock 
certificates,  and  such  bonds,  notes  and  other  evidences  of  indebtedness, 
shall  apply  to  and  govern  the  issue  of  stocks  and  stock  certificates,  and 
of   bonds,  notes  and  other  evidences  of  indebtedness,  of  transportation 


Act  2331d,  §§  7-11  GENERAL    LAWS.  1114 

companies  with  the  same  force  and  effect  as  though  section  fifty-two 
of  the  public  utilities  act  were  restated  in  this  section  with^the  substitu- 
tion of  the  words  "transportation  company"  for  the  words  "public  utili- 
ties" and  of  the  words  "transportation  companies"  for  the  words  "public 
utilities."  The  provisions  of  section  fifty-seven  of  the  public  utilities  act 
referring  to  fees  to  be  charged  and  collected  by  the  railroad  commission  for 
certificates  authorizing  the  issue  of  bonds,  notes  or  other  evidences  of 
indebtedness  of  public  utilities  shall  apply  to  and  govern  authorizations 
by  the  railroad  commission  of  the  issue  by  transportation  companies  of 
bonds,  notes  or  other  evidences  of  indebtedness. 

§  7.  Application  of  public  utilities  act.  In  all  respects  in  which  the 
railroad  commission  has  power  and  authority  under  the  constitution  of 
this  state  or  this  act,  applications  and  complaints  may  be  made  and  filed 
with  the  railroad  commission,  process  issued,  hearings  held,  opinions, 
orders  and  decisions  made  and  filed,  petitions  for  rehearing  filed  and 
acted  upon,  and  petitions  for  writs  of  review  or  mandate  filed  with  the 
supreme  court  of  this  state,  considered  and  disposed  of  by  said  court,  in  the 
manner,  under  the  conditions  and  subject  to  the  limitations  and  with  the 
effect  specified  in  the  public  utilities  act. 

§  8.  Violation.  Every  officer,  agent,  or  employee  of  any  corporation, 
and  every  other  person  who  violates  or  fails  to  comply  with,  or  who 
procures,  aids  or  abets  in  the  violation  of  any  provision  of  this  act, 
or  who  fails  to  obey,  observe  or  comply  with  any  order,  decision,  rule 
or  regulation,  direction,  demand  or  requirement,  or  any  port  or  provision 
thereof,  of  the  railroad  commission,  or  who  procures,  aids  or  abets  any 
corporation  or  person  in  his  failure  to  obey,  observe  or  comply  with  any 
such  order,  decision,  rule,  direction,  demand  or  regulation,  or  any  part 
or  provision  thereof,  is  guilty  of  a  misdemeanor  and  is  punishable  by 
a  fine  not  exceeding  one  thousand  dollars  or  by  imprisonment  in  the 
county  jail  not  exceeding  one  year,  or  by  both  such  fine  and  imprison- 
ment. 

§  9.  Foreign  or  interstate  conunerce.  Neither  this  act  nor  any  pro- 
vision thereof  shall  ajiiily  or  be  construed  to  apply  to  commerce  with 
foreign  nations  or  commerce  among  the  several  states  of  this  union,  ex- 
cept in  so  far  as  the  same  may  be  permitted  under  the  provisions  of  the 
conslitutioii   of  the  Ignited   States  and  the  acts  of  congress. 

§  10.  Constitutionality.  If  any  section,  subsection,  sentence,  clause 
or  phrase  of  this  act  is  for  any  reason  held  to  be  unconstitutional,  such 
decision  shall  not  affect  the  validity  of  the  remaining  portions  of  this 
act.  The  legislature  hereby  declares  that  it  would  have  passed  this  act, 
and  each  section,  subsection,  sentence,  clause  and  phrase  thereof,  ir- 
respective of  the  fact  that  any  one  or  more  other  sections,  subsections, 
sentences,  clauses  or  phrases  be   declared   uiiconstitutidiial. 

§11.  Repealed.  Stats.  1905,  p.  777,  not  to  apply.  .Ml  acts  and  parts 
of  a<'tH  inconsistent  with  the  provisions  of  this  act  are  hereby  repealed. 
Tlic  ](i'o\  isidiis  of  an  act  entitled  "An  act  iiroxidiiiy-  for  the  sale  of  street 
r;iilro!id  and  olhcr  franchises  in  coinilies  and  innnicipalitics  ;nid  pro^-idiiig 


1115  MUNICIPAL   (JORl^URATIONS.  Act  2348,  §  764 

uonclitioiis  for  the  granting  of  such  franchises  by  legislative  or  other 
governing  bodies,  and  repealing  conflicting  acts  (approved  March  22, 
1905,  Stats..  1905,  p.  777),"  are  declared  not  to  apply  to  the  use  of  high- 
ways for  the  kind  of  transportation  herein  regulated. 

,  TITLE  361. 

MUNICIPAL   CORPOKATIONS. 
ACT  23i8. 

An   act   to   ]iro\i(le   for  the   organization,   incorporation,   and    governnient 

of  municipal   corporations. 

[Apiu'oved  March  K?,  1883.     Stats.  ]SK:',,  j).  93.  | 

Amended  1SS5,  j)p.  127,  134;  1887,  p.  12;  1889,  pp.  371,  389;  1891, 
pp.  21,  28,  .54,  55,  114,  233;  1893,  p.  299;  189.5,  pp.  24,  159,  266;  1897, 
pp.  89,  175,  183,  196,  403;  1899,  p.  98;  1901,  pp.  12,  18,  70,  269,  293,  656; 
1903,  pp.  40,  93,  135,  336;  1905,  pp.  16,  45,  72,  73,  88,  89,  408;  1907, 
p.  272;  1909,  pp.  148,  420,  937;  1911,  pp.  58,  253,  316,  359,  842;  Ex.  Sess. 
1911,  pp.  131,  135;  1913,  pp.  10,  15,  31,  32,  33,  34,  375;  1915,  pp.  17(i, 
331,  828,  1304;  1917,  pp.  1528,  1663,  1666. 

The  aniendments  of  1917  follow: 

§  764.  Powers  of  board  of  trustees  of  city.  The  board  of  trustees  of 
such  city  shall  have  power: 

1.  To  pass  ordinances  not  in  conflict  with  the  constitution  and  laws  of 
this  state,  or  of  the  United  States. 

2.  To  purchase,  lease,  or  receive  such  real  estate  and  personal  property 
as  may  be  necessary  or  proper  for  municipal  purposes,  and  to  control, 
dispose  of,  and  convey  the  same  for  the  benefit  of  the  city;  provided, 
that  they  shall  not  have  any  power  to  sell  or  convey  anj^  portion  of  any 
waterfront;  but  may  rent  such  waterfront  for  a  term  not  exceeding  ten 
years  for  the  purpose  of  erecting  bathhouses  thereon. 

3.  To  contract  for  supplying  the  said  city  with  water,  and  gas,  and 
electric  lights  or  other  lights  for  municipal  purposes;  to  purchase,  lease, 
construct  or  otherwise  acquire  waterworks,  electric  plants,  and  gas 
works  or  plants  or  any  of  same,  and  all  machinery,  conductors,  lands, 
appliances  and  all  other  things  needed  therefor,  and  to  supply  said  city 
with,  and  to  sell  to  thei  inhabitants  of  said  city,  gas,  electric  light  or 
other  light,  and  heat,  and  powers  provided,  that  no  such  purchase  or 
lease  shall  be  made  unless  the  question  of  acquiring  such  property  is 
submitted  to  the  voters  of  such  city  in  the  same  manner  as  other  pi'opo- 
sitions,  at  a  general  or  special  municipal  election,  and  a  majorit}-  of 
the  electors,  voting  at  such  election  shall  vote  in  favor  of  such  propo- 
sition. 

4.  To  establish,  build  and  repair  bridges;  to  establish,  lay  out,  alter 
keep  open,  open,  improve  and  repair  streets,  sidewalks,  alleys,  squares, 
and  other  public  highways  and  places  within  the  city,  and  to  drain, 
sprinkle,  oil,  and  light  the  same;  to  remove  all  obstructions  therefrom; 
to  establish  the  grades  thereof;  to  grade,  pave,  macadamize,  gravel  and 
curb  the  same  in  whole  or  in  part,  and  to  construct  gaitters,  culverts, 
sidewalks,  and  crosswalks  therein,  or  upon  any  part  thereof;  to  cause 
to  be  planted,  set  out,  and  cultivated,  shade  trees  therein;  and  generally 
to  manage  and  control  all  such  highways  and  places. 


Act  2348,  §  764       general  laws.  1116 

5.  To  establish,  construct  and  maintain  drains  and  sewers,  and  to 
provide  by  ordinance  for  a  general  system  of  sewers,  and  the  expense 
of  building  and  maintaining  the  same. 

G.  To  jirovide  fire-engines  and  all  other  necessary  or  proper  apparatus 
for  the  prevention  and  extinguishment  of  fires. 

7.  To  impose  and  collect  from  every  male  inhabitant  between  the 
ages  of  twenty-one  and  sixty  years,  an  annual  street  poll  ta»x,  not  ex- 
ceeding two  dollars,  and  no  other  road  poll  tax  shall  be  collected  within 
the  limits  of  such  city;  that  any  member  of  a  volunteer  fire  company 
in  such  city  shall  be  exempt  from  such  tax. 

8.  To  impose  and  collect  an  annual  license,  not  exceeding  two  dollars 
on  every  dog  owned  or  harbored  within  the  limits  of  the  city. 

9.  To  levy  and  collect  annually  a  property  tax,  which  shall  be  ap- 
portioned as  follows:  For  the  general  fund,  not  exceeding  sixty  cents 
on  each  one  hundred  dollars;  for  street  fund,  not  exceeding  thirty  cents 
on  each  one  hundred  dollars;  for  school  fund,  not  exceeding  twenty-five 
cents  on  each  one  hundred  dollars;  for  sewer  fund,  not  exceeding  ten  cents 
on  each  one  hundred  dollars.  The  levy  for  all  purposes  for  any  one 
year  for  all  purposes  to  which  such  funds  are  applicable  shall .  not 
exceed  one  dollar  on  each  one  hundred  dollars  of  the  assessed  value  of 
all  real  and  personal  property  within  such  city. 

10.  To  license,  for  purposes  of  regulation  and  revenue,  all  and  every 
kind  of  business,  including  the  sale  of  intoxicating  liquors,  authorized 
Ijy  law  and  transacted  or  carried  on  in  such  city,  and  all  shows,  exhibi- 
tions, and  lawful  games  carried  on  therein;  to  fix  the  rates  of  licenses 
upon  the  same,  and  to  provide  for  the  collection  of  the  same  by  suit  or 
otherwise. 

11.  To  improve  the  rivers  and  streams  flowing  through  such  city,  or 
adjoining  the  same;  to  widen,  straighten,  and  deepen  the  channels 
thereof,  and  to  remove  obstructions  therefrom;  to  improve  the  water- 
front of  the  city,  and  to  construct  and  maintain  embankments  and  other 
works  to  protect  snch  city  from  overflow. 

12.  To  erect  and  maintain  buildings  for  mnnicipal  purposes. 

1?,.  To  permit,  under  such  restrictions  as  they  may  deem  proper,  the 
laying  of  railroad  tracks  and  the  running  of  cars  drawn  by  horses, 
steam,  electricity,  or  other  power  thereon,  and  the  laying  of  gas  or 
water  ]ii|)('s  in  the  public  streets,  and  to  construct  and  maintain,  and  to 
permit  the  construction  and  maintonaiu'e  of  telephone,  telegraph  and 
electric  light  lines  therein. 

II.  In  its  discretion  to  divide  the  city,  by  ordinance,  into  a  convenient 
nnnilicr  (if  wards,  not  exceeding  five,  to  fix  the  boundaries  thereof,  and 
to  change  the  same  from  time  to  time;  provided,  that  no  change  in  tlie 
l)f)iindaries  of  any  ward  shall  be  made  within  sixty  days  next  before  the 
<late  of  said  general  municipal  election,  nor  within  twenty  months  after 
the  same  shall  have  been  established  or  altered.  Whenever  such  city 
slinll  he  ilivided  into  wanls,  the  board  of  trustees  shall  designate  by 
oKJinnnre  the  jninibei-  oT  trustees  to  be  elected  from  each  ward,  ap- 
portioning the  sain(!  in  proportion  to  the  jiopnlation  of  such  ward;  and 
thereafter  tlie  trnstees  so  designated  slinll  he  elected  by  the  qualified 
electors  resident  in  smdi  wnni,  or'  hy  the  geneiiil  vote  of  the  whole  city, 
as  may  be  designnted  in  sncli  oriliniince. 


1117  MUNICIPAL  CORPORATIONS.     Act  2348,  §§  765,  862 

13.  To  appoint  and  remove  such  policemen  and  sueli  other  subordinate 
officers  as  they  may  deem  proper,  and  to  fix  their  duties  and  compensa- 
tion. 

1().  To  impose  fines,  penalties,  and  forfeitures  for  any  and  all  vio- 
lations of  ordinances,  and  for  any  breach  or  violation  of  any  ordinance 
to  fix  the  penalty  by  fine  or  imprisonment,  or  both,  but  no  such  fine 
shall  exceed  three  hundred  dollars,  nor  the  term  of  such  imprisonment 
.exceed  three  months. 

17.  To  cause  all  persons  imprisoned  for  violation  of  any  ordinance  to 
labor  on  the  streets,  or  other  property  or  works  vpithin  the  city. 

18.  To  establish  fire  limits,  and  the  same  to  alter  at  pleasure;  to 
regulate  or  prevent  the  erection  of  wooden  or  other  buildings  or  struc- 
tures of  combustible  materials;  to  regulate  the  construction  of  all  build- 
ings, shades,  awnings,  signs,  or  any  structure  of  a  dangerous  or  unsafe 
character;  to  provide,  by  regulation,  for  the  prevention  and  summary 
removal  of  all  filth  and  garbage  in  the  streets,  sloughs,  alleys,  back- 
yards or  public  grounds  of  such  city,  or  elsewhere  therein;  to  regulate 
or  prohibit  the  storage  of  gunpowder  and  combustible  or  explosive  ma- 
terials of  every  kind  and  nature  within  the  city  limits,  and  to  prescribe 
the  limits  in  which  the  same  may  be  kept  or  stored. 

19.  To  do  and  perform  any  and  all  other  aets'  and  things  necessary  and 
proper  to  icarry  out  the  provisions  of  this  chapter,  and  to  exact  and 
enforce  within  the  limits  of  such  city  all  other  local,  police,  sanitary,  and 
other  regulations  as  do  not  conflict  with  general  laws. 

20.  To  levy  and  collect  a  pr-operty  tax  in  addition  to  that  now  au- 
thorized by  law  for  the  purpose  of  improving,  repairing,  and  maintain- 
ing any  and  all  streets,  avenues,  lanes,  alleys,  courts,  places  and  side- 
walks of  said  municipality,  which  have  heretofore  been  accepted  by  said 
municipality,  under  and  pursuant  to  the  provisions  of  any  street  im- 
provement act,  providing  for  the  acceptance  of  streets  by  said  municipal- 
ity, which  such  tax  shall  not  exceed  thirty  cents  on  each  one  hundred 
dollars  of  the  assessed  value  of  all  real  and  personal  property  within  such 
municipality.      [Amendment  approved  June  1,  1917;  Stats.  1917,  p.  1663.] 

§  765.  Enacting  clause  of  ordinances.  The  enacting  clause  of  all  or- 
dinances  shall    be    as    follows:    "The    board    of    trustees    of    the    city    (or 

town)  of  do  ordain  as  follows:"      Every  ordinance  must  be  signed 

by  the  president  of  the  board  of  trustees,  attested  by  the  clerk,  and  must 
be  published  by  said  board  at  least  three  times  in  a  newspaper  of  general 
circulation  published  in  such  city  or  town,  or  if  there  be  none  pub- 
lished in  such  citj'  or  town,  then  every  ordinance  must  be  posted  in  at 
least  three  public  places  therein;  provided,  that  emergency  ordinances 
subject  to  the  referendum  must  be  iiublished  at  least  one  time.  [Amend- 
ment approved  .Tune  1,  1917;  Stats.   1917,  p.  1666.] 

§  862.  Powers  of  city  trustees.  The  board  of  trustees  of  said  city 
shall  have  power: 

1.  Pass  ordinances.  To  pass  ordinances  not  in  conflict  with  the  con- 
stitution and  laws  of  this  state  or  of  the  United  States. 

2.  AcQiuire  real  estate.  To  purchase,  lease,  or  receive  such  real  estate 
situated  inside   or   outside   of  the   city  limits   and   personal   property   as 


Act  2348,  §  862        general  laws.  1118 

may  be  necessary  or  proper  for  municipal  purposes,  and  to  control,  dis- 
pose of,  and  convey  the  same  for  the  benefit  of  the  city  or  town;  pro- 
vided, they  shall  not  have  power  to  sell  or  convey  any  portion  of  any 
waterfront. 

3.  Supply  water  for  city  use.  To  contract  for  supplying  the  city  or 
town  with  water  for  municipal  purposes,  or  to  acquire,  construct,  repair, 
and  manage  jnimps,  aqueducts,  reservoirs,  or  other  works  necessary  or 
]. roper  for  supplying  water  for  the  use  of  such  city  or  the  inhabitants, 
or  for  irrigating  purjioses  therein. 

4.  Manage  highways.  To  establish,  build  and  repair  bridges;  to  es- 
tablish, lay  out,  alter,  keep  open,  improve,  and  repair  streets,  sidewalks, 
alleys,  and  other  public  highways,  squares  and  parks,  and  places  within 
the  city  or  town,  and  to  drain,  sprinkle,  oil,  and  light  the  same;  to 
remove  all  obstructions  therefrom;  to  establish  the  grades  thereof;  to 
grade,  pave,  macadamize,  gravel,  and  curb  the  same,  in  whole  or  in 
part,  and  to  construct  gutters,  culverts,  sidewalks,  and  crosswalks 
therein,  or  on  any  part  thereof;  to  cause  to  be  planted,  set  out,  and 
cultivated,  shade  trees  therein;  and  generally  to  manage  and  control  aJl 
such  highways  and  places;  and  in  the  exercise  of  the  powers  herein 
granted  to  expend,  in  their  discretion,  the  ordinary  annual  income  and 
revenue  of  the  municipality  in  payments  of  the  costs  and  expenses  of  the 
whole  or  any  part  of  such  work  or  improvement. 

4a.  Open  streets.  To  acquire  property  required  for  the  opening  and 
laying  out  of  any  street,  alley  or  lane  from  the  point  where  the  con- 
tinuity of  such  street,  alley  or  lane  ceases,  to  the  point  where  such 
street,  alley  or  lane  again  commences,  to  lay  out  and  improve  said  street, 
alley  or  lane;  and  to  pay  the  cost  and  expense  incurred  in  the  acquisition 
of  the  required  property  of  the  general  fund  of  the  city. 

o.  Sewers.     To  construct,  establish,  and  maintain  drains  and  sewers. 

6.  Fire  protection.  To  provide  fire-engines  and  all  other  necessary  and 
proper  apparatus  for  the  prevention  and  extinguishment  of  fires. 

7.  Collect  street  poll  tax.  To  impose  on  and  collect  from  every  male 
inhabitant  between  the  ages  of  twenty-one  and  sixty  years,  an  annual 
street  poll  tax,  not  exceeding  two  dollars;  and  no  other  road  poll  tax 
shall  be  collected  within  the  limits  of  the  city. 

5.  Dog  tax.  To  impose  and  collect  an  annual  license  not  exceeding 
two  dollars  on  every  male  dog,  and  four  dollars  on  every  female  dog 
owned  or  liarlioreil  within  the  limits  of  the  city. 

9.  Property  tax.  To  levy  and  collect  annually  a  property  tax,  which 
shall  not,  without  the  assent  of  two-thirds  of  the  qualified  electors  of 
such  city  or  town  voting  at  an  election  to  be  held  for  that  purpose 
exceed  one  dollar  on  each  one  hundred  dollars;  provided,  however,  that 
in  cities  which  have  constructed  or  may  hereafter  construct  embank- 
ments, seawalls,  or  other  works  to  protect  such  cities  from  overflow,  said 
boarrl  of  trustees  may  levy  and  collect  annually,  a  property  tax  which 
shall  not  exceed  twenty  cents  on  each  one  hundred  dollars,  which,  when 
collected,  shall  be  kept  in  a  separate  fund  and  used  for  the  construction 
and  niaintonance  of  embankments,  seawalls,  or  other  works  to  ]irotect 
fucb  city  from  overflow  and  for  no  other  purpose. 


1119  MUNICIPAL    (CORPORATIONS.  Act  2348,  j?  862 

10.  License  business.  To  license,  for  the  purpose  of  revenue  and  regu- 
lation, all  and  every  kind  of  business  authorized  by  law  and  transacted 
and  carried  on  in  such  city  or  town,  and  all  shows,  exhibitions,  and  law- 
ful games  carried  on  therein;  to  fix  the  rates  of  license  tax  upon  the 
same,  and  to  provide  for  the  collection  of  the  same  by  suit  or  otherwise. 

11.  Improve  rivers  and  streams.  To  improve  the  rivers  and  streams 
flowing  through  such  city  or  adjoining  the  same;  to  widen,  straighten, 
and  deepen  the  channels  thereof,  and  remove  obstructions  therefrom; 
to  improve  the  waterfront  of  the  city;  including  the  ocean  front  thereof, 
and  to  build  and  construct  breakwaters,  jetties,  and  seawalls;  to  con- 
struct and  maintain  embankments  and  other  works,  to  protect  such  city 
from  overflow  and  to  acquire,  own,  construct,  maintain,  and  operate 
on  any  lands  bordering  on  any  navigable  bay,  lake,,  inlet,  river,  creek, 
slough,  or  arm  of  the  sea  within  the  corporate  limits  of  such  city  or 
contiguous  thereto,  wharves,  chutes,  piers,  breakwaters,  bathhouses,  and 
life-saving  stations. 

12.  Municipal  buildings.  To  erect  and  maintain  buildings  for  munici- 
pal purposes,  and  to  acquire  and  maintain  cemeteries,  situated  inside  or 
outside  of  said  city. 

18.  Acquire  public  utilites.  To  acquire,  own,  construct,  maintain,  and 
operate  street  railways,  telephone  and  telegraph  lines,  gas  and  other 
works  for  light,  power,  and  heat;  public  libraries,  museums,  gymnasiums, 
parks,  and  baths,  and  to  grant  franchises  for  the  construction  of  public 
utilities  as  .they  may  deem  proper,  the  laying  of  railroad  tracks  and  the 
running  of  cars  drawn  by  horses,  steam,  or  other  power  thereon,  and 
the  laying  of  gas  and  water  pipes  in  the  public  streets,  and  to  permit 
the  construction  and  maintenance  of  telegraph  and  telephone  lines 
therein. 

14.  Impose  fines.  To  impose  fines,  penalties,  and  forfeitures  for  any 
and  all  violations  of  ordinances;  and  for  any  breach  or  violation  of 
any  ordinance;  to  fix  the  penalty  by  fine  or  imprisonment,  or  both;  but 
no  such  fine  shall  exceed  three  hundred  dollars,  nor  the  term  of  im- 
prisonment exceed  three  months. 

15.  Compel  labor  of  prisoners.  To  cause  all  persons  imprisoned  for  vio- 
lation of  any  ordinance  to  labor  on  the  streets,  or  other  public  property, 
or  works  within  the  cit3^ 

16.  Fire  limits.  To  establish  and  maintain  fire  limits,  and  regulate 
building  and  construction  and  removal  of  buildings  within  the  munici- 
pality. 

16a.  Regulate  construction  of  buildings.  To  regulate  the  construction 
of  and  the  materials  used  in  all  buildings,  chimneys,  stacks  and  other 
structures;  to  prevent  the  erection  and  maintenance  of  insecure  or 
unsafe  building  walls,  chimneys,  stacks,  or  other  structures,  and  to  pro- 
vide for  their  summary  abatement,  destruction,  or  removal;  to  provide 
for  the  abatement,  destruction  or  removal  of  unsightly  or  partially 
destroyed  buildings;  to  regulate  the  materials  used  in  and  the  method 
of  construction  of  foundations  and  foundation  walls,  the  manner  of 
construction  and  location  of  drains  and  sewers,  the  materials  used  in 
wiring  buildings  or  other  structures  for  the  use  of  electricity  for  light- 


Act  2348,  §  862  general  laws.  ]  120 

ing,  power,  heat  or  other  purjioses  and  materials  used  for  piping  build- 
ings or  other  structures  for  the  purpose  of  supplying  the  same  with 
water,  gas,  or  electricity,  and  the  manner  of  so  doing;  to  prohibit  the 
construction  of  buildings  and  structures  which  do  not  conform  to  such 
regulations. 

16b.  Regulate  advertising,  etc.  To  regulate  the  exhibition,  posting  or 
carrying  of  banners,  placards,  jDosters,  cards,  pictures,  signs  or  advertise- 
ments in  or  on  the  street,  or  on  or  upon  buildings,  fences,  billboards 
or  other  striictures;  or  on  or  upon  any  pole  in  any  sidewalk,  alley,  street, 
lane,  court,  park  or  other  public  place;  to  regulate  the  suspension 
of  banners,  flags,  signs,  advertisements,  posters,  pictures,  or  cards  across 
or  over  any  sidewalk,  alley,  street,  lane,  court,  park,  or  other  public 
place,  or  such  suspension  from  fences,  poles,  houses,  or  other  structures; 
to  prohibit  and  prevent  encroachments  upon  or  obstructions  in  or  to  any 
sidewalk,  street,  alley,  lane,  court,  park  or  other  public  place,  and  to 
provide  for  the  removal  of  such  encroachment  or  obstruction. 

IGe.  Compel  removal  of  dirt,  weeds,  etc.  To  compel  the  owner,  lessee 
or  occupant  of  buildings,  grounds,  or  lots  to  remove  dirt,  rubbish,  weeds 
and  rank  growths  from  the  sidewalk  opposite  thereto,  and  from  the 
building  or  grounds,  and  on  his  default,  after  such  notice  as  the  board 
of  trustees  may  prescribe,  to  authorize  the  removal  or  destruction  thereof 
by  some  officer  of  the  city  at  the  expense  of  such  owner,  lessee  or  oc- 
cupant, and  by  such  procedure  as  the  board  of  trustees  may  prescribe, 
to  make  such  expense  a  lien  upon  such  buildings  or  grounds. 

17.  Issue  subpoenas.  To  issue  subpoenas  for  the  attendance  of  wit- 
nesses, or  the  production  of  books  or  other  documents,  for  the  purpose 
of  producing  evidence  or  testimony  in  any  action  or  proceeding  pend- 
ing before  the  board  of  trustees,  which  subpoenas  must  be  signed  by  the 
president  of  the  board  of  trustees,  and  attested  by  the  city  clerk  and 
may  be  served  in  the  same  manner  as  subpoenas  are  served  in  civil 
actions.  Whenever  any  person  duly  subpoenaed  to  ajjpear  and  give 
evidence,  or  to  produce  any  books  or  any  documents  as  herein  provided, 
shall  neglect  or  refuse  to  appear,  or  to  prodi^ce  such  books  or  documents, 
as  required  by  such  subpoena,  or  shall  refuse  to  testify  before  such 
hoard,  or  to  answer  any  questions  which  a  majority  thereof  shall  decide 
to  he  |iroper  and  pertinent,  it  shall  be  the  duty  of  the  president  of  the 
board  to  report  the  fact  to  the  judge  of  the  superior  court  of  the  county, 
who  shall  thereupon  issue  an  attachment  in  the  form  usual  in  the  court 
of  which  he  shall  be  judge,  directed  to  tlie  sheriff  of  the  county  where 
such  witness  was  required  to  ajijtear  and  testify,  commanding  the  said 
sheriff  to  attach  such  person,  and  forthwith  bring  him  before  the  judge 
liy  whose  order  such  attachinent  was  isued.  On  the  return  of  the  at- 
tachment and  the  product imi  of  tlie  body  of  the  defendant,  the  said 
judge  shall  have  jurisdiction  of  the  matter,  and  the  person  charged  may 
purge  himself  of  the  contempt  in  the  same  way,  and  the  same  proceed- 
ings shall  be  had,  and  the  same  penalties  may  be  imposed,  and  the  same 
punishment  inflidcd  ;is  in  the  case  of  a  vvilness  sul)poenaed  to  appear 
and  give  evidence  on   the  trial  of  a  civil   cause  before  a  superior  court. 


1121  MUNICIPAL    CORPORATIONS.  Act  2371,>;  6 '/2 

IS.  Music  and  promotion.  To  expend  such  siun  as  the  board  of  trus- 
tees shall  deem  proper,  not  to  exceed  five  per  cent  of  the  property  tax 
levy  in  any  one  fiscal  year,  for  music  and  promotion. 

19.  Other  acts.  To  do  and  perform  any  and  all  other  acts  and  things 
necessary  or  proper  to  carry  out  the  provisions  of  this  act.  [Amendment 
approved  June  1,  1917;  Stats.  1917;  p.  1528.] 

§  863.  Enacting  clause  of  ordinances.  The  enacting  clause  of  all 
ordinances  shall   be   as   follows:    "Tlie   board   of  trustees   of   the  city    (or 

town)   of  do  ordain  as  follows:"     Every  ordinance  must  be  signed 

l)y  the  president  of  the  board  of  trustees  and  attested  by  the  clerk  and 
must  be  published  by  said  board  at  least  once  in  a  newspaper  of  general 
circulation  published  and  circulated  in  such  city  or  town;  provided, 
that  if  there  be  no  such  newspaper  published  and  circulated  in  such  city 
or  town,  then  all  ordinances  must  be  posted  in  at  least  three  public 
places  therein;  provided,  further,  that  in  all  cities  or  towns  which  have 
been  incorporated  less  than  one  year,  all  ordinances  may  be  either  pub- 
lished or  posted  as  aforesaid,  as  the  board  of  trustees  may  determine; 
and  provided,  further,  that  in  no  case  shall  the  price  charged  for  such 
publication  of  any  ordinances  exceed  the  customary  rate  charged  by 
such  newspaper  for  the  publication  of  legal  notices  of  a  private  char- 
acter.     [Amendment  approved  June  1,  1917;  Stats.  1917,  p.  1666.] 

ACT  2371. 

An  act  authorizing  the  incurring  of  indebtedness  by  cities,  towns,  and 
municipal  corporations  for  municipal  improvements,  and  regulating 
the  acquisition,  construction,  or  completion  thereof. 

[Became    a    law    under    constitutional    ;irovisioii    without    governor's    ap- 
proval, February  25,  1901.     Stats.  1901,  p.  27.] 

Amended  1907,  pp.  570,  609,  634;   1909,  p.  720;   1913,  pp.  13,  29;   1915, 
pji.  97.  1453;  1917,  p.  79. 

The  amendment  of  1917   follows: 

§  6V2-  Cancellation  of  unsold  bonds.  At  any  time  after  three  years 
after  the  date  of  any  election,  heretofore  or  hereafter  held,  at  which 
an  issue  of  any  of  the  bonds  herein  provided  has  or  shall  have  been 
authorized,  the  legislative  body  of  the  municipality  may,  by  ordinance 
duly  adopted  by  a  two-thirds  vote  of  all  of  the  members  of  such 
legislative  body,  determine  that  no  part  of  such  bond  issue,  or,  if  a 
portion  of  the  bonds  so  authorized  at  such  election  shall  have  been 
sold,  that  no  part  of  the  remainder  of  such  issue  then  remaining  unsold, 
shall  be  thereafter  issued  or  sold,  and  upon  the  taking  effect  of  such 
ordinance  the  authority  to  issue  the  bonds  authorized  at  such  election 
and  described  in  such  ordinance  shall  cease,  and  the  whole  or  that 
portion  of  the  bonds  issued  pursuant  thereto  remaining  unsold  and  de- 
scribed in  such  ordinance  shall  become  void. 
71 


Acts  2371a,  2374,  §  1         general  laws.  1122 

ACT  2371a. 

All  act  to  validate  bonds  issued  aiid  sold,  or  to  be  issued  and  sold  for 
the  purpose  of  the  acquisition  or  construction  of  any  public  improve- 
ment work  or  public  utility  in  any  portion  of  a  municipality. 

[Approved  May  4,   1917.     Stats.   1917,  p.  229.     In  effect  July  27,   1917.] 

§  1.  Bonds  issued  by  portion  of  municipality  validated.  Where,  in 
any  portion  of  a  municipality  of  this  state  proceedings  have  been  taken 
for  the  purpose  of  creating  an  iudebtediiess,  to  be  represented  by  bonds 
of  such  district,  the  proceeds  from  the  sale  of  which  are  to  be  used  for 
the  acquisition  or  construction  therein  of  any  public  improvement  work 
or  public  utility  which  the  municipality  of  which  such  district  forms 
a  part  is  authorized  by  law  to  acquire  or  construct,  all  acts  and  pro- 
ceedings leading  up  to  and  including  the  issuance  of  such  bonds,  if 
they  have  heretofore  been  sold,  and  all  such  acts  and  proceedings  here- 
tofore had,  although  the  bonds  are  not  yet  sold,  are  hereby  legalized, 
ratified,  confirmed  and  declared  valid  to  all  intents  and  purposes,  and 
the  power  of  said  district  and  of  the  legislative  body  of  such  municipality 
to  issue  such  bonds  is  hereby  ratified,  confirmed  and  declared,  and  the 
bonds  already  are  declared  to  be  and  the  bonds  hereafter  sold  shall  be,  the 
legal  and  binding  obligation  of  and  against  such  district  for  which 
such  bonds  have  heretofore,  or  may  hereafter  be,  issued,  and  the  full 
faith  and  credit  of  such  district  is  hereby  pledged  for  the  prompt  pay- 
ment and  redemption  of  the  principal  and  interest  of  said  bonds;  pro- 
vided, that  this  act  shall  not  operate  to  legalize  any  bonds  of  any  dis- 
trict that  have  not,  at  the  time  of  the  passage  of  this  act.  been  authorized 
by  the  vote  of  not  less  than  two-thirds  of  .the  qualified  electors  in  said 
district  voting  at  an  election  held  for  the  purpose  of  voting  upon  the 
question  of  the  issuance  of  such  bonds,  or  any  bonds  which  have  been 
sold  for  less  than  their  par  value. 

ACT  2374. 

An  act  to  provide  for  the  alteration  of  the  boundaries  of  and  for  the 
annexation  of  territory  to  incorporated  towns  and  cities,  and  for 
the  incorporation  of  such  annexed  territory  in  and  as  a  part  of  such 
municipalities,  and  for  the  districting,  government,  and  municipal 
control  of  annexed  territory. 

I  Approved  March   19,   1SS9.     Stats.  1SS9,  )).  -^nX.] 
Amended  1905,  p.  551;   1911,  pp.  857,  1-159;   1917,  [>.  419. 
The  amendment  of  1917  follows: 

§  1.  Procedure  for  annexing  new  territory  to  cities.  Election  on 
question.  Tlie  boundaries  of  any  incorporated  town  or  city,  whetlier 
licrclorctre  or  hereafter  formed,  incorporated,  reincorporated,  organized, 
or  reorganized,  may  be  altered  and  new  territory  annexed  thereto,  in- 
c((r|)orat('d  and  included  therein,  and  made  a  part  thereof,  upon  proceed- 
ings being  had  and  taken  as  in  this  act  provided.  Tlie  council,  board 
of  trustees,  or  other  legislative  body  of  any  such  municipal  corporation, 
upon  receiving  a  written  petition  thcrctdr  cniilaining  a  description  of 
the  new  territory  asked  to  be  annexed   to  slicIi   corporation,  and  signed 


1123  MUNICIPAL    COKPOKATIONS.  Act  2874:,  ^  1 

by  not  less  tlian  one-fifth  in  number  of  the  qualified  electors  of  such 
municipal  coijjoration,  computed  upon  the  number  of  votes  cast  at  the 
last  general  municipal  election  held  therein,  must,  without  delay,  submit 
to  the  electors  of  such  municipal  corporation  and  to  the  electors  resid- 
ing in  the  territory  proposed  by  such  petition  to  be  annexed  to  such 
corporation,  the  question  whether  such  new  territorj'  shall  be  annexed 
to,  incorporated  in,  and  made  a  part  of  said  municipal  corporation.  Such 
question  may  be  so  submitted  at  the  next  general  municipal  election  to 
be  held  in  such  municipal  incorporation,  or  it  may  be  so  submitted  prior 
to  such  general  election  either  at  a  special  election  called  therein  for 
that  purpose,  or  at  any  other  municipal  election  therein,  except  an 
election  at  which  the  submission  of  such  question  is  prohibited  by  law; 
and  such  legislative  body  is  hereby  empowered  to  and  it  shall  be  its 
duty  to  cause  notice  to  be  given  of  such  election  by  the  publication 
of  a  notice  thereof  in  a  newspaper  printed  and  published  in  such  mu- 
nicipal corporation,  and  also  in  a  newspaper,  if  any  such  there  be, 
printed  and  published  outside  of  such  corporation,  but  in  the  county 
in  which  the  territory  so  proposed  to  be  annexed  is  situated,  in  each 
case  at  least  once  a  week  for  a  period  of  four  successive  weeks  next 
preceding  the  date  of  such  election.  Such  notice  shall  distinctly  state 
the  proposition  to  be  submitted,  i.  e.,  that  it  is  2>roposed  to  annex  to, 
incorporate  in,  and  make  a  part  of  such  municipal  corporations  the 
territory  sought  to  be  annexed,  specifically  describing  the  boundaries 
thereof;  and  in  said  notice  the  qualified  electors  of  said  municipal  cor- 
poration, and  the  qualified  electors  residing  in  said  territory  so  proposed 
to  be  annexed,  shall  be  invited  to  vote  upon,  such  proposition  by  placing 
upon  their  ballots  the  words  "For  annexation"  or  "Against  annexation," 
or  words  equivalent  thereto.  Such  legislative  body  is  hereby  empowered, 
and  it  shall  be  its  duty,  to  establish,  and  in  such  notice  of  election 
designate  the  voting  precinct  or  precincts,  and  the  place  or  places  at 
which  the  polls  will  be  opened  in  such  territory  so  proposed  to  be  an- 
nexed, and  also  in  snch  municipal  corporation.  And  such  place  or 
places  shall  be  that  or  those  commonly  used  as  voting  places  within 
such  municipal  corporation,  and  also  that  or  those  commonly  used  within 
such  new  territory,  if  any  such  there  be.  Such  legislative  body  is  em- 
powered to,  and  it  shall,  appoint  the  officers  of  such  election,  who  shall 
be,  for  each  voting  place  in  such  municipal  corporation,  and  for  each 
voting  place  in  said  new  territory,  two  judges  and  one  inspector,  each 
of  whom  shall  be  a  qualified  elector  of  the  voting  precinct  in  which 
he  is  appointed  to  act  as  an  officer  of  such  election.  The  ballots  used 
at  such  election,  the  opening  and  closing  of  the  polls,  and  the  holding 
and  conducting  of  such  election,  shall  be  in  conformity,  as  far  as  may 
be,  with  the  general  laws  of  this  sta.te  concerning  elections;  and  the 
judges  and  inspectors  of  such  election  shall  immediately  on  the  closing 
of  the  polls,  count  the  ballots,  make  up  and  certify  the  tally  sheets  of 
the  ballots  cast  at  their  respective  polling  places,  seal,  and  then  imme- 
diately return  the  same  as  below  provided,  doing  so,  as  nearly  as  prac- 
ticable, in  the  manner  provided  in  the  election  laws  of  this  state;  but 
the  ballots,  tally  sheets,  and  returns  shall  be  so  returned  to  and  deposited 
with  the  clerk  of  such  legislative  body.  Such  legislative  body  shall, 
at  the  time  provided  for  its  regular  meeting  next  after  the  expiration 


Act  2374a,  §  3  general  laws.  1124 

of  three  days  from  and  after  the  date  of  said  election,  meet  and  pro- 
ceed to  canvass  said  returns;  and  such  canvass  shall  be  completed  at 
such  meeting,  if  practicable,  and  in  any  event,  as  soon  as  practicable, 
avoiding  adjournment  or  adjournments,  if  possible,  until  said  canvass 
is  completed.  Said  canvass  by  such  legislative  body  shall  be  conducted 
and  completed  as  follows:  The  returns  of  the  votes  cast  in  said  outside 
territory,  so  proposed  to  be  annexed  shall  be  canvassed  separately;  and 
the  returns  of  the  votes  cast  inside  of  said  municipal  corporation  shall 
be  canvassed  separately.  Immediately  upon  the  completion  of  such 
canvass,  said  legislative  body  shall  cause  a  record  thereof  to  be  made 
and  entered  upon  its  minutes,  showing  the  whole  number  of  votes  east 
in  such  outside  territory,  the  whole  number  of  votes  cast  in  such 
municipal  corporation,  the  number  thereof  cast  in  each  in  favor  of 
annexation,  and  the  number  thereof  cast  in  each  against  annexation; 
and  it  shall  appear  from  such  canvass  that  a  majority  of  all  the  votes 
cast  in  such  outside  territory,  and  a  majority  of  all  the  votes  cast  in- 
side of  said  municipal  corpoi'ation,  are  in  favor  of  annexation,  the  clerk, 
or  other  officer  performing  the  duties  of  clerk,  of  such  legislative  body, 
shall  promptly  make  and  certify,  under  the  seal  of  said  municipal  cor- 
poration, and  transmit  to  the  secretary  of  state,  a  copy  of  said  record, 
so  entered  upon  said  minutes,  together  with  a  statement  showing  the 
date  of  said  election  and  the  time  and  result  of  said  canvass,  which 
document  shall  be  filed  by  the  secretary  of  state  immediately  upon  the 
receipt  thereof.  From  and  after  the  date  of  the  filing  of  said  docu- 
ment in  the  office  of  the  secretary  of  state,  the  annexation  of  such  terri- 
tory so  proposed  to  be  annexed  shall  be  deemed  and  shall  be  complete, 
and  thenceforth  such  annexed  territory  shall  be,  to  all  intents  and  pur- 
poses, a  part  of  such  municipal  corporation,  except  only  that  no  prop- 
erty within  such  annexed  territory  shall  ever  be  taxed  to  pay  anj^  portion 
of  any  indebtedness  or  liability  of  such  municipal  corporation  con- 
tracted prior  to  or  existing  at  the  time  of  such  annexation,  excepting 
as  provided  in  section  one  a  of  this  act.  No  territory  which,  at  the 
time  such  petition  for  such  proposed  annexation  is  presented  to  such 
legislative  body,  forms  any  part  of  any  incorporated  town  or  city,  shall 
be  annexed  under  the  provisions  of  this  act. 

ACT  2374a. 

An  act  to  provide  for  the  alteration  of  the  boundaries  of  and  for  the 
annexation  of  territory  to  municipal  corporations,  for  the  incorpo- 
ration of  such  annexed  territory  in  and  as  a  part  thereof,  and  for 
the  districting,  government  and  municipal  control  of  such  annexed 
territory.      [Approved  June  11,  1913.     Stats.  1913,  p.  587.] 

Amended    191.5,   p.  305;    1917,   p.   L'(). 

The  amendment  of  1917  follows: 

§  3.  Should  majority  in  outside  territory  favor.  Question  submitted 
in  city.  If  it  shall  appear  from  the  canvass  of  the  returns  of  the  elec- 
tion hold  in  the  territory  proposed  to  be  annexed  to  any  municipal  cor- 
poration, aa  provided  in  section  two  of  this  act,  that  a  majority  of  all 
the  votes  cast  in  such  outside  territory  on  the  question  of  such  annexa- 
tion  are  in   favor  of   annexation,   such   legislative  body   may,   by  ordi- 


]125  MUNiciPAi.  CORPORATIONS.  Aft  2374a,  §  4 

nance,  approve  such  annexation,  or,  in  case  of  failure  to  so  approve, 
by  ordinance,  such  annexation,  shall  then  submit  to  the  electors  of  such 
municipal  corporation  the  question  whether  such  territory  shall  be  an- 
nexed to,  incorporated  in  and  made  a  part  of  such  municipal  corporation. 
Such  question  may  be  so  submitted  at  the  next  general  municipal  elec- 
tion to  be  held  in  such  municipal  corporation,  or  it  may  be  so  submitted 
prior  to  such  general  election,  either  at  a  special  election  called  therein 
for  that  purpose,  or  at  any  other  special  municipal  election  therein, 
except  an  election  at  which  the  submission  of  such  question  is  prohibited 
by  law.  Whenever  such  question  is  submitted  at  any  election  in  such 
municipal  corporation,  such  question  shall  be  stated  in  the  notice  of 
such  election  and  on  the  ballots  to  be  used  at  such  election,  and  the 
electors  shall  vote  thereon,  in  the  same  manner  as  hereinbefore  provided 
in  the  case  of  the  election  in  the  territory  proposd  to  be  annexed.  And 
whenever  such  question  is  submitted  at  any  such  municipal  election, 
general  or  special,  as  above  provided,  it  shall  be  submitted  and  voted 
upon  as  other  questions  are  required  by  law  to  be  submitted  and  voted 
upon  at  such  elections,  except  in  particulars  otherwise  in  this  act  set 
forth;  and  the  laws  applicable  to  and  governing  the  time  and  manner 
of  giving  notice,  conducting,  holding,  canvassing  the  returns,  and  de- 
claring the  result  of  any  such  election  shall  apply  to  and  govern  the 
submission  of  such  question  to  the  electors  of  such  municipal  corporation 
at  any  such  election.  [Amendment  approved  April  2,  1917;  Stats.  1917, 
p.  26.] 

§  4.  Record  of  votes  cast.  Should  majority  favor.  Annexation  com- 
plete. Territory  of  city  may  not  be  annexed.  Immediately  upon  the 
completion  of  the  canvass  of  the  returns  of  any  election  in  any  munici- 
pal corporation  at  which  the  question  of  annexation  of  new  territory 
thereto  was  submitted,  as  in  this  act  provided  the  legislative  body  of 
such  municipal  corporation  shall  cause  a  record  to  be  made,  and  en- 
tered upon  its  minutes,  showing  the  total  number  of  votes  east  in  such 
municipal  corporation  upon  such  question  at  such  election,  the  number 
thereof  east  in  favor  of  annexation,  and  the  number  thereof  cast  against 
annexation.  If  it  shall  appear  from  the  canvass  of  the  returns  of  such 
election,  that  a  majority  of  the  qualified  electors  of  such  municipal 
corporation  voting  on  the  question  of  such  annexation  are  in  favor 
thereof,  the  clerk  or  other  officer  performing  the  duties  of  a  clerk  of 
the  legislative  body  of  such  municipal  corporation  shall  make  and  cer- 
tify, under  the  seal  thereof,  and  transmit  to  the  secretarj^  of  state,  a 
copy  of  the  record  of  the  canvass  of  the  returns  of  the  election  in  such 
new  territory  and  of  the  election  in  such  municipal  corporation  at 
which  the  question  of  the  annexation  of  the  said  new  territory  was  sub- 
mitted and  entered  upon  its  minutes  as  aforesaid,  together  with  a  state- 
ment showing  the  dates  of  such  elections  in  said  new  territory  and  in 
said  municipal  corporation,  and  the  time  and  the  result  of  the  canvass 
of  the  returns  of  such  elections,  and  containing  a  description  of  such 
territory.  If  such  annexation  has  been  approved  by  ordinance  of  such 
legislative  body,  as  herein  authorized,  a  certified  copy  of  such  ordinance, 
giving  the  date  of  its  passage,  shall  be  substituted  in  said  document  in 
place   of  the   copy  of  the   record   of   the   canvass  of  the   returns   of   the 


Act  2374a,  §  5  general  laws.  1126 

election  in  such  municipal  corporation  provided  for  in  case  such  annexa- 
tion was  not  approved  by  ordinance.  Said  document,  in  either  case, 
shall  be  filed  by  the  secretary  of  state  immediately  upon  the  receipt 
thereof.  From  and  after  the  date  of  the  filing  of  said  document  in  the 
office  of  the  secretary  of  state,  the  annexation  of  such  territory  so  pro- 
posed to  be  annexed  and  described  therein,  shall  be  deemed  to  be  and 
shall  be  comjilete,  and  thenceforth  such  annexed  territory  shall  be, 
to  all  intents  and  purposes,  a  part  of  such  municipal  corporation,  ex- 
cept only  that  no  property  within  such  annexed  territory  shall  ever 
be  taxed  to  pay  any  portion  of  any  indebtedness  or  liability  •  of 
such  municipal  corporation  contracted  j)rior  to  or  existing  at  the  time 
of  such  annexation,  excepting  as  hereinafter  provided.  No  territory 
which,  at  the  time  of  the  presentation  of  a  petition  to  the  legisla- 
tive body  of  any  municipal  corporation  for  the  annexation  of  such 
territory  thereto  forms  any  part  of  any  municipal  corporation,  shall 
be  annexed  under  the  provisions  of  this  act.  [Amendment  approved 
April  2,  1917;  Stats.  1917,  p.  27.] 

§  5.  Question  of  taxing  annexed  territory  to  pay  indebtedness  of  city. 
Proposition  submitted.  Notice  to  specify  improvements,  etc.  Majority 
favoring.     Annexation   complete.     When   property   subject   to   taxation. 

Whenever  any  municipal  corporation  to  which  it  is  proposed  to  annex 
territory  under  the  provisions  of  this  act  shall  have  incurred,  or  author- 
ized the  incurring  of,  any  bonded  indebtedness  for  the  acquisition,  con- 
struction or  completion  of  any  municipal  improvement  or  improvements, 
the  petition  presented  to  the  legislative  body  of  such  municipal  corpora- 
tion, as  provided  in  section  two  of  this  act,  may  contain  a  request  that 
the  question  to  be  submitted  to  the  electors  residing  in  the  territory 
proposed  by  such  petition  to  be  annexed  to  such  municipal  corporation,' 
sliall  be,  whether  such  new  territory  shall  be  annexed  to,  incorporated 
in,  and  made  a  part  of,  said  municipal  corporation,  and  the  property 
therein  bo,  after  such  annexation,  subject  to  taxation,  equally  with  the 
property  within  such  municipal  corporation,  to  pay  any  specified  por- 
tion of  such  bonded  indebtedness  of  such  municipal  corporation,  out- 
standing at  the  date  of  the  filing  of  such  petition  or  theretofore  author- 
ized. If  such  request  shall  be  made  in  said  petition,  proceedings  shall 
he  had  thereon,  and  an  election  shall  be  called  and  held  in  the  territory 
proposed  to  be  annexed,  the  same  in  all  respects  as  upon  a  petition 
jiresented  under  the  provisions  of  section  two  of  this  act,  excepting  that 
tlie  notice  of  election  shall  distinctly  state  the  proposition  to  be  sub- 
mitted to  wit:  that  it  is  proposed  to  annex  to,  incorporate  in,  and  make 
!i  jiiiit  of,  such  municipal  corporation,  the  territory  sought  to  be  an- 
nexed, K|iecifically  describing  the  boundaries  thereof,  and  that  the  prop-' 
ertv  llicreiri,  shall,  after  such  annexation,  he  subject  to  taxation,  equally 
willi  the  pro|)erty  within  such  municipal  corporation,  to  pay  such  speci- 
fied boiideil  indebtedness  of  such  municipal  corporation,  outstanding  at 
the  iliite  of  the  said  annexation,  or  indebtedness  theretofore  autliorized 
iiiicl  to  lie  represented  by  bonds  of  such  municipal  corporation  there- 
alter  to  be  issued.  The  said  notice  shall,  in  general  terms,  specify  the 
irn[)rovenient  or  ini|ji(ivements  for  which  sucli  indebtedness  was  so  in- 
curred or  authoii/.eil,  Mnd  state  tlie  amount  or  amounts  of  such  indebted- 


1127  MUNICIPAL   COKPORATIONS.  Act  2383a,  §  3 

ness  already  incurred,  outstanding  at  the  date  of  the  first  i)uljlieation 
of  such  notice,  and  the  amount  or  amounts  of  such  indebtedness  there- 
tofore authorized,  and  to  be  represented  by  bonds  thereafter  to  be 
issued,  and  the  maximum  rate  of  interest  payable,  or  to  be  payable 
on  such  indebtedness;  and  upon  the_canvass  of  the  returns  of  the  votes 
cast  in  any  territory  proposed  to  be  annexed  at  any  election  held  therein 
under  the  provisions  of  this  section,  if  it  shall  appear  that  a  majority 
of  all  the  votes  cast  in  such  outside  territory  are  in  favor  of  annexation, 
the  legislative  body  of  such  municipal  corporation  may,  by  ordinance, 
approve  such  annexation;  or,  in  case  of  failure  to  so  approve,  by  ordi- 
nance, such  annexation,  shall  submit  to  the  electors  thereof  the  question 
whether  such  territory  shall  be  annexed  to,  incorporated  in  and  made 
a  part  of  such  municipal  corporation.  Such  question  may  be  so  sub- 
mitted to  the  electors  of  such  municipal  corporation,  in  the  same  manner 
as  provided  in  section  three  of  this  act,  and  if  it  shall  appear  from  the 
canvass  of  the  returns  of  the  election  in  such  municipal  corporation 
at  which  such  question  shall  have  been  submitted,  that  a  majority  of 
the  qualified  electors  thereof  voting  upon  the  question  of  such  annexa- 
tion are  in  favor  thereof,  like  proceedings  shall  thereupon  be  taken,  and 
with  the  same  force  and  effect  as  provided  in  sections  three  and  four 
of  this  act.  The  provisions  of  sections  two,  three  and  four  of  this  act, 
so  far  as  applicable,  shall  apply  to  annexation  under  the  provisions  of 
this  section.  From  and  after  the  date  of  the  filing  in  the  office  of  the 
secretary  of  state  of  the  document  containing  a  copy  of  the  record  of 
the  proceedings  for  the  annexation  of  such  new  territory  to  such 
municipal  corporation,  as  provided  in  section  four  of  this  act,  the  an- 
nexation of  such  territory  so  proposed  to  be  annexed,  and  described 
therein,  shall  be  deemed,  and  shall  be,  complete,  and  thenceforth  such 
annexed  territory  shall  be,  to  all  intents  and  purposes  a  part  of  such 
municipal  corporation,  and  the  property  within  such  annexed  territory 
shall  be  taxed  to  pay  the  bonded  indebtedness  or  liability  of  such  cor- 
poration, specified  in  said  notice,  equally  with  the  property  within  such 
municipal  corporation  as  it  existed  prior  to  the  filing  of  such  petition. 

The  property  in  any  such  new  territory  annexed  to  any  municipal 
corporation,  under  the  provisions  of  this  act,  after  twelve  o'clock  merid- 
ian of  the  first  Monday  in  March,  and  before  the  comiiletion  of  the 
assessment-roll  of  such  municipal  corporation,  shall  be  subject  to  taxa- 
tion for  municipal  purposes  for  the  fiscal  year  following  said  first  Mon- 
day in  March.      [Amendment  approved  April  2,  1917;  Stats.  1917,  p.  28.] 

ACT  2S83a. 

An  act  to  provide  for  the  consolidation  of  municipal  corporations. 

[Approved  June  11,  1913.     Stats.  1913,  p.  577.] 

Amended  1915,  p.  311;  1917,  p.  30. 

The  amendment  of  1917  follows: 

§  3.  Should  majority  favor.  Question  submitted  to  larger  city.  If 
it  shall  appear  from  the  canvass  of  the  returns  of  the  election  mentioned 
in  section  two  of  this  act,  that  a  majority  of  all  the  votes  cast  in  the 
municipal   corporation  in  which   such   election  was   held,  upon  the   quos- 


Act  2383a,  §  4  general  laws.  1128 

tion  of  consolidation  submitted  at  such  election,  are  in  favor  of  such 
consolidation,  the  clerk  of  the  legislative  body  of  such  municipal  cor- 
poration, shall  forthwith  make,  under  the  seal  thereof,  and  deliver  to 
the  clerk  of  the  legislative  body  of  the  other  of  the  municipal  corpora- 
tions proposed  to  be  so  consolidated,  to  wit,  the  municipal  corporation 
having  the  greater  population,  a  copy  in  duplicate  of  the  record  of 
such  canvass,  together  with  a  statement  of  the  proposition  submitted 
at  such  election.  The  clerk  of  the  legislative  body  of  such  municipal 
corporation  so  having  the  greatest  population  shall  present  one  &uch 
copy  of  said  record  and  said  statement  to  such  legislative  body  without 
delay,  and  retain  the  other  to  be  filed  as  hereinafter  provided.  Upon 
receiving  the  copy  of  such  record  so  presented  such  legislative  body  may, 
by  ordinance,  approve  such  consolidation,  or,  in  case  of  failure  to  so 
approve,  by  ordinance,  such  consolidation,  shall  then  submit  to  the 
electors  of  such  other  of  the  municipal  corporations  so  proposed  to  be 
consolidated  and  having  the  greatest  population,  the  question  whether 
such  consolidation  shall  be  effected.  Such  question  may  be  so  sub- 
mitted at  the  next  general  municipal  election  to  be  held  in  such  mu- 
nicipal corporation,  or  it  may  be  so  submitted  prior  to  such  general 
election,  either  at  a  special  election  called  therein  for  that  purpose, 
or  at  any  other  special  municipal  election  therein,  except  an  election 
at  which  the  submission  of  such  question  is  prohibited  by  law.  When- 
ever such  question  is  submitted  at  any  election  in  such  municipal  cor- 
poration, such  question  shall  be  stated  in  the  notice  of  such  election 
and  on  the  ballots  to  be  used  at  such  election,  and  the  electors  shall 
vote  thereon,  in  the  same  manner  as  hereinbefore  provided  in  the  case 
of  the  election  mentioned  in  section  two  of  this  act.  And  whenever 
such  question  is  submitted  at  any  such  municipal  election,  general  or 
special,  as  provided  in  this  section,  it  shall  be  submitted  and  voted  upon 
as  other  questions  are  required  by  law  to  be  submitted  and  voted  upon 
at  such  elections,  except  in  particulars  otherwise  in  this  act  set  forth; 
and  the  laws  applicable  to  and  governing  the  time  and  manner  of  giving 
notice,  conducting,  holding,  canvassing  the  returns,  and  declaring  the 
result  of  any  siich  election  shall  apply  to  and  govern  the  submission 
of  such  question  to  the  electors  of  such  municipal  corporation  at  any  such 
cliM-tidii.      I  AinriMliiKMit   approved    April   2.    U)17;   Stats.    Ittl7.   p.   'M).] 

§  i.  Declaration  of  result.  Should  majority  favor.  Consolidation 
complete.  Inmicdiately  upon  the  comijletion  of  the  canvass  of  the  returns 
of  any  election  in  the  municipal  corporation  having  the  greater  popula- 
tion of  two  iniinicipal  corjiorations  proposed  to  be  consolidated,  a^  which 
the  question  of  snch  consolidation  was  submitted,  as  provided  in  section 
three  of  this  ad,  the  legislative  body  of  such  municipal  corporation 
having  tlie  greater  po]nil;iti(ni  shall  declare  the  result  of  such  election, 
and  shall  cause  a  recoiil  to  he  made  and  entered  upon  Us  minutes,  stat- 
ing the  prof>ositi()n  sulmiiltcil.  jiiid  showing  the  total  number  of  votes 
cast  in  such  tnunii-iicil  cui  |i(ii;ition  upon  the  question  of  such  consolida- 
tion at  such  election,  the  nnmbcr  thereof  cast  in  favor  of  consolidation, 
and  the  number  thereof  cast  against  consolidation.  If  it  shall  appear 
from  the  canvass  of  the  returns  of  such  election,  that  a  majority  of 
tiie  (pialified  electors  of  such   mnnicipal   corporation,  voting  on   the  qucs- 


1129  MUNICIPAL   COKl'URATIONS.  Act  2383a,  §  5 

tion  of  siu'h  cousolidution,  aie  in  lavor  thereof,  the  clerk  or  otlier  officer 
performing  the  duties  of  cleric  of  the  legislative  body  of  such  municipal 
corporation  shall  promptly  make  and  certify,  under  the  seal  thereof,  and 
transmit  to  the  secretary  of  state,  a  copy  of  the  record  of  the  canvass 
of  the  returns  of  the  election  in  such  municipal  corporation  having  the 
greater  population,  at  which  the  question  of  such  consolidation  was 
submitted,  and  entered 'upon  its  minutes  as  aforesaid,  and  one  copy 
theretofore  delivered  to  him  as  aforesaid,  of  the  record  of  the  canvass 
of  the  returns  of  the  election  in  the  other  of  the  municipal  corporations 
proposed  to  be  consolidated,  together  with  a  statement  showing  the 
date  of  each  such  election  in  each  such  municipal  corporation,  and  the 
time  and  result  of  the  canvass  of  the  returns  of  each  such  election. 
If  such  consolidation  has  been  approved  by  ordinance  of  such  legislative 
body,  as  herein  authorized,  a  certified  copy  of  such  ordinance,  giving 
the  date  of  its  passage,  shall  be  substituted  in  said  document  in  place 
of  the  copy  of  the  record  of  the  canvass  of  the  returns  of  the  election 
in  such  municipality  provided  for  in  case  such  consolidation  was  not 
approved  by  ordinance.  Said  document,  in  either  case,  shall  be  filed 
in  his  office  by  the  secretary  of  state  immediately  upon  receipt  thereof. 
Upon  the  filing  of  said  document  in  the  office  of  secretary  of  state, 
such  consolidation  shall  be  deemed  to  be  complete  and  such  municipal 
corporations  shall  be  deemed  to  be  consolidated  and  the  one  of  such 
municipal  corporations  not  having  the  greatest  population,  shall  be 
deemed  to  be,  land  shall  be,  annexed  and  joined  to  and  merged  into 
the  one  of  said  municipal  corporations  having  the  greatest  population. 
[Amendment  approved  April  2,  1917;  Stats.  1917,  p.  31.] 

§  5.  Question  of  taxation  to  pay  bonded  indebtedness.  Notice  to 
specify  improvements.  Canvass  of  returns.  Majority  favoring.  Ques- 
tion   submitted    to    larger    city.     When    property    subject    to    taxation. 

Whenever  an,y  two  municipal  cor[iorati<)ns  are  [jroposed  to  be  consoli- 
dated, under  the  provisions  of  this  act,  and  either  or  both  of  such  mu- 
nicipal corporations  shall  have  theretofore  incurred,  or  authorized  the 
incurring  of,  anj'  bonded  indebtedness  for  the  acquisition,  construction 
or  completion  of  any  municipal  improvement  or  improvements,  the  peti- 
tion provided  for  in  section  two  of  this  act  may  contain  ai  request  that 
the  question  to  be  submitted  to  the  electors  of  the  municipal  corporation 
proposed  to  be  consolidated  shall  be,  whether  such  municipal  corpora- 
tion shall  be  consolidated,  as  hereinbefore  in  this  act  provided,  and 
the  property  in  such  municipal  corporations,  shall  after  such  consolida- 
tion, be  subject  to  taxation  at  the  same  rate,  to  pay  any  of  such  bonded 
indebtedness  specified  in  said  petition;  provided,  however,  that  if  such 
petition  contains  a  request  that  the  property  in  such  municipal  corpo- 
rations be,  after  such  consolidation,  subject  to  taxation  to  pay  all  of  the 
bonded  indebtedness  incurred  or  authorized  of  such  municipal  corpora- 
tions, such  bonded  indebtedness  and  improvements  for  which  such  bonded 
indebtedness  w^as  incurred  or  authorized  may  be  described  in  such  petition 

and  in  all  other  proceedings  hereunder  as  "the  bonded  indebtedness 'of 

(insert  the  names  of  the  municipal  corporations),"  without  specifying 
the  improvements.  If  such  request  be  made  in  such  jietition,  proceedings 
shall   be   had   thereon    and   the   question   of   such   consolidation    shall    be 


Act  2383a,  §  5  general  laws.  1130 

submitted  to  the  electors  in  such  muBicipal  corporation  not  having  the 
greatest  population,  the  same  in  all  respects  as  upon  a  petition  pre- 
sented under  the  provisions  of  section  two,  excepting  that  the  notice 
of  election  shall,  in  addition  to  the  matters  required  by  said  section, 
distinctly  state  that  it  is  proposed  that  the  property  in  such  municipal 
corporations  shall  be  taxed  at  the  same  rate  to  pay  such  bonded  indebted- 
ness set  forth  in  said  petition.  Except  as  hereihabove  provided,  the  said 
notice  shall,  in  addition,  in  general  terms  specify  the  improvement  or 
improvements  for  which  such  indebtedness  was  so  incurred  or  authorized, 
and  state  the  amount  or  amounts  of  such  indebtedness  already  incurred, 
outstanding  at  the  date  of  the  first  publication  of  such  notice,  and  the 
amount  or  amounts  of  such  indebtedness  theretofore  authorized,  and  to 
be  represented  by  bonds  thereafter  to  be  issued,  and  the  maximum 
rate  of  interest  payable,  or  to  be  payable  on  such  indebtedness. 

The  returns  of  such  election  held  in  pursuance  of  such  notice  shall 
be  canvassed,  as  provided  in  section  two  of  this  act,  by  the  legislative 
body  of  the  municipal  corporation  in  which  such  election  was  held,  and 
immediately  upon  the  completion  of  such  canvass,  such  legislative  body 
shall  declare  the  result  of  such  election  and  shall  cause  a  record  of 
such  canvass  to  be  made  and  entered  upon  its  minutes,  as  provided  in 
said  section  two,  and  there  shall  be  included  in  such  record  a  statement 
of  such  bonded  indebtedness  incurred  and  outstanding,  or  authorized, 
as  set  forth  in  the  noticie  of  such  election,  for  the  payment  of  which 
the  property  in  isaid  municipal  corporations  shall  be  subject  to  taxa- 
tion as  set  forth  in  the  notice  of  such  election.  If  it  shall  appear  from 
such  canvass  that  a  majority  of  all  votes  cast  at  such  election  upon 
the  question  of  such  consolidation,  are  in  favor  thereof,  the  clerk  of 
such  legislative  body  in  which  such  election  was  held  shall  forthwith 
deliver  a  copy  in  duplicate  of  such  record  and  statement  to  the  clerk 
of  the  legislative  body  of  the  other  of  the  municipal  corporations  so  pro- 
posed to  be  consolidated,  and  having  the  greatest  population.  There- 
upon the  legislative  body  of  such  other  municipal  corporation  having 
the  greatest  population  may,  by  ordinance,  approve  such  consolidation; 
or,  in  case  of  failure  to  so  approve,  by  ordinance,  such  consolidation, 
shall  submit' the  question  of  such  consolidation  to  the  electors  of  such 
other  municipal  corporation  at  an  election  therein  in  the  same  manner 
in  all  respects  as  provided  in  this  section  for  submitting  to  the  electors 
in  such  municipal  corporation  not  having  the  greatest  population,  and, 
in  other  respects,  in  the  same  manner  as  provided  in  section  throe  of 
this  act.  After  the  passage  of  said  ordinance  approving  such  consolida- 
tion, or,  if  such  consolidation  was  not  approved  by  ordinance  if,  upon 
the  canvass  of  the  returns  of  such  election  it  shall  appear  therefrom, 
tliat  a  majority  of  the  votes  cast  at  such  election  in  such  other  municipal 
lorjioration  having  the  greatest  population,  upon  the  question  of  such 
consolidation,  are  in  favor  thereof,  the  same  proceeding  shall  be  had 
as  provided  in  section  four  of  this  act,  and  such  consolidation  shall  be 
deemed  to  be,  and  shall  be,  completed  in  the  same  manner,  and  with 
the  same  effect  as  in  said  section  provided.  After  the  completion  of 
the  consolidation  of  such  municipal  corporations,  as  hereinbefore  pro- 
vided   tVuc  pro[)erty  in   said    iminici  [nil   rurpoialions  so   consolidated   shall 


1181  MUNICIPAL  coKPORATiONS.     Acts  2;589k,  23891,  §  1 

thereafter  be  taxed  at  the  same  rate,  to  pay   such  bouded  indebtedness 
set  forth  in  said  petition. 

The  property  in  any  such  municipal  corporations  consolidated,  under 
the  provisions  of  this  act,  after  twelve  o'clock  meridian  of  the  first 
Monday  in  Marcli  and  before  the  completion  of  the  assessment-roll  of 
such  municipal  corporation  having  the  greater  population,  shall  be  sub- 
ject to  taxation  for  municipal  purposes  by  said  consolidated  city  for 
the  fiscal  year  following  said  first  Monday  in  March.  [Amendment 
approved  April  2,  1917;  Stats.    1917,  p.  82. J 

ACT  2389k. 

An  act  granting  to  any  city  of  the  state  whose  corporate  limits  include 
or  bound  upon  any  harbor,  bay,  estuary,  or  other  navigable  body 
of  water,  the  power  to  improve  the  same  and  to  establish,  acquire, 
construct,  improve  and  maintain  in,  upon  and  along  the  waters 
thereof  works  for  use  in  connection  therewith. 

[Approved  April  6,  1917.     Stats.  1917,  p.  72.     In  effect  July  27,  1917.]" 

§  1.  Cities  authorized,  to  maintain  piers,  etc.  Property  rights  not 
affected.  Any  city  of  this  state  whose  corporate  limits  include  or  bound 
upon  any  harbor,  bay,  estuary,  or  other  navigable  body  of  water,  is 
hereby  granted  power  to  establish,  acquire,  construct,  improve  and  main- 
tain in,  upon  and  along  the  waters  of  any  such  harbor,  bay,  estuary,  or 
other  navigable  body  of  water,  piers,  docks,  wharves,  bulkheads,  quays, 
and  other  necessary  works  for  use  in  connection  therewith,  and  power 
to  construct,  improve,  dredge,  deepen  or  straighten,  channels,  turning 
basins,  canals,  slips  and  waterways  to,  from  and  along  any  of  the 
aforesaid  works,  and  connecting  with  any  other  navigable  water  either 
within  or  without  the  limits  of  such  city,  and  to  do  any  and  all  other 
things  necessary  or  convenient  to  the  establishment,  improvement,  con- 
duct and  maintenance  of  a  harbor,  and  in  furtherance  of  commerce  and 
navigation.  Nothing  herein,  however,  shall  be  deemed  or  construed 
to  affect  or  limit  the  use  and  enjoyment  by  persons,  firms  or  corporations 
of  their  property  or  property  rights;  nor  shall  anything  in  this  act 
be  construed  or  deemed  to  grant  to  any  city  the  right  to  destroy,  injure, 
impair  or  interfere  with  any  private  or  quasi-public  property  or  property 
rights,  leasehold  or  otherwise,  or  to  the  use  and  enjoyment  thereof. 

ACT  2389  1. 

An  act  providing  for  hours  of  rest  for  persons  employed  by  municipal 
corporations  during  more  than  one  hundred  twenty  hours  per  week, 
and  prescribing  penalties  for  violations  hereof. 

[Approved  June  ],  1917.     Stats.  1917,  p.  1641.] 

§  1.  Hours  of  rest  for  certain  municipal  employees.  Any  person  in 
the  employ  of  a  municipal  corporation  and  whose  hours  of  labor  exceed 
one  hundred  twenty  hours  in  a  calendar  week  of  seven  days,  shall  be 
entitled  to  be  off  duty  at  least  three  hours  during  every  twenty-four 
hours  for  the  purpose  of  procuring  meals  and  no  deduction  of  salary 
shall  be  made  by  reason  thereof. 


Act  2420,  §§  1,  2  GENERAL    LAWS.  1132 

§  2.  Penalty.  Any  officer  or  agent  of  a  municipal  corporation  having 
supervision  and  control  of  the  employees  referred  to  in  section  one 
hereof  who  shall  violate  the  provisions  hereof  shall  be  guilty  of  a  mis- 
demeanor and  shall  be  punishable  as  provided  in  section  nineteen  of  the 
Penal  Code. 

TITLE  367a. 

NATIONAL  CITY. 

ACT  2420. 

An  act  conveying  certain  tide-lands  and  lands  lying  under  inland  navi- 
gable waters,  situate  in  the  bay  of  San  Diego  to  the  city  of 
National  City,  in  furtherance  of  navigation  and  commerce  and  the 
fisheries,  and  providing  for  the  government,  management  and  con- 
trol thereof. 

[Approved  March  21,  1917.     Stats.  1917,  p.  18.     In  effect  July  27,  191 7. J 

Whereas,  since  the  admission  of  California  into  the  Union,  all  tide- 
lands  along  the  navigable  waters  of  this  state  and  all  lauds  lying  be- 
neath the  navigable  waters  of  the  state  have  been  and  now  are  held 
in  trust  by  the  state  for  the  benefit  of  all  the  inhabitants  thereof  for 
the  purpose  of  navigation,  commerce  and  fishing;  and 

Whereas,  it  is  the  duty  of  the  state  to  govern,  administer  and  con- 
trol such  lands  and  to  improve  and  develop  navigation,  commerce  and 
fishing  thereon  and  thereover;  and 

Whereas,  the  state  has  not  the  general  power  of  alienation  of  such 
lands,  but  may,  when  the  interests  of  commerce,  navigation  and  fishing 
require  it,  convey  to  municipalities  limited  and  defined  areas  of  such 
lands  with  the  power  to  govern,  control,  improve  and  develop  the  same 
in  the  interest  of  all  the  inhabitants  of  the  state;  and 

Whereas,  the  conveyance  to  the  city  of  National  City  of  the  lands 
hereinafter  described,  together  with  the  right  to  govern,  control,  improve 
and  develop  the  same  will  result  in  great  advantage  and  benefit  to  all 
the  inhabitants  of  the  state,  it  is  provided: 

§  1.  Tide-lands  granted  to  National  City.  There  is  hereby  granted 
and  conveyed  to  the  city  of  National  City,  in  the  county  of  San  Diego, 
state  of  California,  all  of  the  lands  situate  on  the  city  of  National  City 
side  of  said  bay,  lying  and  being  between  the  line  of  mean  high  tide 
and  the  pier-head  line  in  said  bay,  as  the  same  has  been  or  may  here- 
after be  established  by  the  federal  government,  and  between  the  pro- 
longation into  the  bay  of  San  Diego  to  the  pier-head  line  of  the  bound- 
ary line  between  the  city  of  National  City  and  the  city  of  San  Diego, 
and  tlie  ])rolongation  into  the  bay  of  San  Diego  to  the  pier-head  line 
of  the  boundary  line  between  the  city  of  National  City  and  the' city 
of  Chula  Vista. 

§  2.  Use  of  lands.  The  city  of  National  City  sliall  have  and  there 
is  liereby  graiitttd  to  it  the  right  to  make  upon  said  premises  all  im- 
jirovements,  betterments  and  structures  of  every  kind  and  character, 
proper,  needful  and  useful  for  the  development  of  commerce,  navigation 
and  fisliing,  including  the  construction  of  all  wiiarves,  docks,  piers,  slips, 


1133  NATIONAL  CITY.  Act  2420,  §^  3-6 

and  the  construction  and  operation  of  a  municipal  belt  line  railroad  in 
connection  with  said  dock  system. 

§3.  No  discrimination  in  rates.  No  grant,  conveyance  or  transfer 
of  any  character  shall  ever  be  made  by  the  city  of  National  City  of  the 
lands  described  in  section  one,  or  of  any  part  thereof,  but  the  said  city 
shall  continue  to  hold  said  lands  and  the  whole  thereof  unless  the  same 
revert  or  be  receded  to  the  state  of  California.  The  harbor  of  National 
City  shall  remain  alwaj-s  a  public  harbor  and  the  said  city  shall  never 
charge  or  permit  to  be  charged  on  any  of  the  premises  by  this  act  con- 
veyed any  unreasonable  rate  or  toll,  nor  make  nor  suffer  to  be  made 
any  unreasonable  charge,  burden  or  discrimination.  In  the  event  of  a 
violation  of  any  of  the  provisions  of  this  act,  the  said  lands  and  the 
whole  thereof  shall  revert  to  the  state  of  California. 

§  4.  Maximum  term  of  lease.  The  city  of  National  City  may  lease 
for  a  term  not  exceeding  twenty-five  years  any  wharves,  docks  or  piers 
constructed  by  it,  and  all  such  leases  so  executed  shall  reserve  to  the 
board  of  trustees  of  the  city  of  National  City,  the  right  and  privilege, 
by  ordinance,  to  annul,  change  or  modify  such  leases  as  in  its  judgment 
may  seem  proper.  The  aggregate  amount  of  all  wharves,  docks  and  piers 
so  leased  by  said  city  shall  never  exceed  seventy-five  per  cent  of  all 
the  wharves,  docks  and  piers  actually  constructed. 

§  5.  Conditions  of  lease.  The  city  of  National  City,  may  loase  not 
to  exceed  an  aggregate  of  seventy-five  per  cent  of  the  lands  conveyed 
to  it  by  this  act,  for  a  term  not  to  exceed  twenty-five  years  and  upon 
which  wharves,  docks  or  piers  have  not  been  actually  constructed,  and, 
except  by  consent  of  the  board  of  trustees  of  the  city  of  National 
City  under  an  ordinance  of  such  board  duly  adopted,  such  leases  shall 
not  be  assignable  or  transferable,  nor  shall  any  lessee  have  the  right 
to  sublet  the  leased  premises  or,  any  part  thereof,  and  all  such  leases 
so  executed  shall  reserve  to  the  board  of  trustees  of  the  city  of  National 
City,  the  right  and  privilege,  by  ordinance  to  annul,  change  or  modify 
such  leases  as  in  its  judgment  may  seem  proper;  provided,  however,  that 
nothing  in  this  act  contained  shall  operate  as  a  limitation  upon  the 
right  and  authority  of  the  harbor  commission  of  the  state  of  California, 
at  any  time  prior  to  the  city  of  National  City  issuing  its  bonds  as  re- 
quired in  section  six  hereof,  of  leasing  any  of  the  lands  herein  granted 
and  conveyed  to  said  National  City,  and  the  right  and  authority  to  enter 
into  such  leases  at  any  time  prior  to  issuing  of  such  bonds,  is  hereby 
expressly  conferred  upon  said  harbor  commission. 

§  6.  Harbor  improvement  by  city.  The  foregoing  conveyance  is  made 
upon  the  condition  that  the  city  of  National  City  shall,  within  five  years 
from  the  approval  of  this  act,  exclusive  of  such  time  as  said  city  may  be 
restrained  from  so  doing  by  injunction  issued  out  of  any  court  of  this 
state  or  of  the  United  States,  and  exclusive  of  such  further  delay  as 
may  be  caused  by  unavoidable  misfortune  or  great  public  or  municipal 
calamity,  issue  its  bonds  for  harbor  improvement  purposes  in  an  amount 
of  not  less  than  one  hundred  thousand  dollars,  and  shall,  within  five 
years  after  the  approval  of  this  act,  exclusive  of  the  time  in  this  section 


Act  2436,  §§  1-4  GENERAL   LAWS.  1134 

hereinbefore  mentioned,  commence  the  work  of  such  harbor  improve- 
ment, and  the  said  worlv  and  improvement  shall  be  prosecuted  with  such 
diligence,  that  not  less  than  one  hundred  thousand  dollars  shall  be  ex- 
pended thereon  within  five  years  from  the  approval  of  this  act.  If  said 
bonds  be  not  issued  or  said  work  be  not  prosecuted  and  completed 
as  and  in  the  manner  herein  provided,  then  the  lands  by  this  act  con- 
veyed to  the  city  of  National  City  shall  revert  to  the  State  of  California. 

§7.     State's  right  to  use  docks.     The  state  hereby  reserves  unto   it- 
self at  all  times,  the  reasonable  use  of  and  access  to  all  wharves,  docks, 
piers,  slips  and  quays  hereafter  constructed  under  the  provisions  of  this 
,   act,  for  any  vessel  or  water  craft  owned,  leased,  or  operated  by  the  state. 

TITLE  369a. 

NAUTICAL  SCHOOL. 
ACT  2436. 

An  act  to  establish  a  nautical  school  at  the  port  of  San  Francisco,  to 
provide  for  the  conduct  and  maintenance  thereof,  to  make  an  ap- 
propriation therefor,  and  to  authorize  the  governor  to  request  and 
to  receive  aid  from  the  United  States  in  compliance  with  the  pro- 
visions of  an  act  of  congress  approved  March  4,  1911. 

[Approved  May  14,  1917.     Stats.  1917,  p.  .527.     In  effect  .July  27,  1917.] 

§  1.  "California  state  nautical  school"  established.  There  is  hereby 
established  at  the  port  of  San  Francisco  a  nautical  school  to  be  known 
as  "the  California  state  nautical  school,"  for  the  instruction  of  pupils 
in  navigation,  steamship-marine  engineering,  and  all  matters  pertaining 
to  the  proper  construction,  equipment  and  sailing  of  vessels,  or  any 
particular  branch  thereof. 

§  2.  School  board.  Tlic  governor,  the  president  of  the  state  board  of 
education,  and  the  president  of  the  state  board  of  harbor  commissioners 
shall  constitute  the  nautical  school  board,  which  shall  be  the  governing 
body  of  the  school  hereby  established.  The  expenses  incurred  by  the 
members  of  said  board  while  engaged  in  the  business  of  the  nautical 
school  shall  be  refunded  to  them  from  the  appropriation  herein  provided. 

§  3.  Duties  of  board.  The  said  nautical  school  board  shall  provide 
and  niaiiitiiin  at  tlic  nautical  school,  for  the  instruction  and  training  of 
pujiils  in  the  science  and  practice  of  navigation,  accommodations  for 
tlu;  school  on  hoard  a  proper  vessel,  shall  purchase  and  provide  books, 
stationery,  ap])aratus  and  supplies  needed  in  the  work  of  the  school, 
•sliall  appoint  and  remove  instructors  and  oilier  necessary  employees  and 
delcrniine  their  number  and  conipensation,  shall  fix  the  terms  and  con- 
ilitions  ujion  \vlii<'h  [)Ui)iI.s  shall  be  received  and  instructed  in  the  school, 
and  be  dismissed  or  discharged  therefrom,  and  shall  establish  all  regu- 
lations necessary  for  the  jiroper  maiiMgenient  and  conduct  of  the  school 
and    fur  carrying  out    <'niricntly   I  he   jmrijoses   of  this  act. 

§  4.  Use  of  United  States  vessels.  The  nautical  school  board  maj^ 
receive  from   the    I'nited   States  government  and   use  for  the   accommo- 


Il35  NET   CONTAINER  BILL.  Act  2V)'A,  ^  5 

dation  of  the  school,  such  vessel  or  vessels  as  the  secretary  of  the  navy 
may  furnish.  The  governor  is  hereby  authorized  and  directed  to  apply 
in  writing  to  the  secretary  of  the  navy  for  a  suitable  vessel  of  the 
navy,  with  all  her  apparel,  charts,  books  and  instruments  of  navigation 
for  the  use  of  the  school  hereby  established,  and  to  request  that  the 
President  of  the  United  States  detail  proper  officers  of  the  navy  as 
superintendents  or  instructors  in  the  said  school. 

§  5.  Nautical  school  fund.  There  is  hereby  created  the  nautical 
school  fund,  which  shall  consist  of  such  money  as  shall  be  appropriated 
from  time  to  time  by  the  legislature,  and  such  sum  as  may  be  received 
from  year  to  year  from  the  government  of  the  United  States  for  the 
purpose  of  maintaining  the  school  hereby  established  in  compliance  with 
the  provisions  of  an  act  of  congress  entitled  "An  act  for  the  establish- 
ment of  marine  schools  and  for  other  purposes,"  approved  March  4,  1911. 
There  is  hereby  appropriated  out  of  any  money  in  the  state  treasury 
not  otherwise  appropriated,  for  the  establishment  of  said  school  and  for 
its  maintenance  during  the  sixty-ninth  and  seventieth  fiscal  years,  the 
sum  of  twenty-five  thousand  dollars,  which  shall  become  available  when 
the  nautical  school  board  has  received  from  the  secretary  of  the  navy 
a  suitable  vessel  of  the  navy  for  the  use  of  said  nautical  school. 

§  6.  Vouchers.  The  moneys  hereby  appropriated  shall  be  expended 
in  accordance  with  law  upon  vouchers  certified  by  the  superintendent  of 
the  nautical  school  and  approved  by  the  nautical  school  board. 

§  7.  Report.  A  report  of  the  conduct  of  the  affairs  of  said  nautical 
school,  including  a  statement  of  the  moneys  expended  in  its  establish- 
ment' and  maintenance,  shall  be  presented  to  the  legislature  at  its  con- 
vening for  the  forty-third  session  and  at  each  biennial  session  thereafter. 

TITLE  373. 

NET  CONTAINER   BILL. 
ACT  2453. 

An  act  to  provide  for  the  indicating  of  the  net  quantity  of  foodstuffs 
and  stuffs  intended  to  be  used  or  prepared  for  use  as  food  for  human 
.  beings  when  sold  or  offered  or  exposed  for  sale  in  containers  and 
providing  penalties  for  the  violation  thereof.  [Approved  May  24, 
1913.  Stats.  1913,  p.  247.] 
Amended  1915,  p.  1263;  1917,  p.  S7. 
The  title  of  the  act  was  amended  in  1917  to  read  as  follow^s: 

An  act  to  provide  for  the  indicating  of  the  net  quantity  of  foodstuffs 
and  stuffs  intended  to  be  used  or  prepared  for  use  as  food  for  human 
beings,  and  medicine,  when  sold  or  offered  or  exposed  for  sale  in 
containers,  and  providing  for  the  indicating  of  quantity  in  the  sale 
of  commodities  in  respect  to  which  there  exists  a  definite  trade 
custom,  and  providing  penalties  for  the  violation  thereof. 

The  remainder  of  the  amendment  follows: 

S  5  Designation  of  quantity.  The  designation  of  the  quantity  of  the 
commodity   required   by   section   four   of   this   act    shall  be   in   terms   of 


Act  2508b  GENERAL    LAWS.  1136 

weight,   measure   or  numerical   count,    subject   however   to   the   following 
provisions: 

(a)  The  quantity  of  the  contents  so  marked  shall  be  the  amount  of 
food  or  stuff  in  the  package. 

(b)  If  the  designation  is  by  weight  it  shall  be  in  terms  of  avoirdu- 
pois pounds  and  ounces;  if  designation  is  by  liquid  measure,  it  shall  be 
in  terms  of  the  United  States  gallon  of  two  hundred  thirty-one  cubic 
inches  and  its  customary  subdivisions,  i.  e.,  in  gallons,  quarts,  pints, 
or  fluid  ounces;  if  designation  is  by  dry  measure,  it  shall  be  in  terms 
of  the  United  States  standard  bushel,  and  its  customary  subdivisions, 
i.  e.,  in  bushels,  half -bushels,  pecks,  quarts,  pints  or  half -pints;  provided, 
that,  by  like  method,  such  designations  may  be  in  terms  of  the  metric 
system  of  weight  or  measure. 

(c)  The  quantity  of  solids  shall  be  designated  in  terms  of  weight, 
and  of  fluids  in  terms  of  measure,  except  in  case  of  an  article  in  respect 
to  which  there  exists  a  definite  trade  custom,  in  such  case  the  designa- 
tion shall  be  in  terms  of  weight,  or  measure,  or  numerical  count,  in 
accordance  with  such  custom. 

(d)  The  quantity  of  the  contents  shall  be  designated  in  terms  of 
weight  or  measure,  unless  the  container  be  marked  by  numerical  count 
and  such  numerical  count  gives  accurate  information  as  to  the  quantity 
of  the  food  in  the  package.  When  designation  is  by  numerical  count 
it  shall  be  in  English  words  or  Arabic  numerals. 

(e)  The  quantity  of  the  contents  may  be  stated  in  terms  of  minimum 
weight,  minimum  measure  or  minimum  count,  but  in  such  cases  the  desig- 
nation must  approximate  the  actual  quantity  and  there  shall  be  no 
tolerance  below  the  stated  minimum. 

(f)  The  quantity  of  viscous  or  semi-solid  foods,  or  of  a  mixture  of 
solids  and  liquids,  may  be  stated  in  terms  of  weight  and  measure;  pro- 
vided, that  such  solids  and  liquids  constitute  food  products.  When 
products  are  packed  in  brine  or  other  preserving  fluids,  the  weight  or 
measure  of  such  brine  or  fluids  shall  not  be  included  in  the  weight  or 
measure  of  the  edible  indicated  on  the  container. 

foniiii,  to  provide  for  the  issuance  of  certificates  of  registration  as  a 

§  10.  "Container"  defined.  The  term  "container"  used  in  this  act  is 
hereby  defined  to  be  any  receptacle  or  carton  into  which  a  commodity  is 
packed,  or  any  wrappings  with  which  any  commodity  is  wrapped,  or  put 
for  sale,  or  to  be  oft'ered  or  exposed  for  sale. 

TITLE  385. 

NURSING. 

ACT  2508b. 

An  act  to  promote  the  better  education  of  nurses  and  the  better  care  of 
the  issuance  of  certificates  of  registration  as  registered  nurses  to 
qualified  applicants  by  the  state  board  of  health,  and  to  repeal  an 
act  aiiproved  March  20,  19U5,  entitled,  "An  act  to  promote  the  better 
edncalimi  nl'  the  practice  of  luirsin;;  the  sick  in  the  state  of  Cali- 
tlie  sick  in  Ihc  state  of  G'alirdrniu,  to  piovide  for  and  regulate  the 
cxiiniination   ;uhI   registration   of  uindnatc   nurses,  and   to   |)r()vide   for 


3137  OAKLAND.  Acts  2509, 2534,  §  1 

registered  nurse,  to  qualified  ajjplicauts  of  the  board  of  regents  of 
the  University  of  California,  and  to  provide  penalties  for  violation 
thereof." 

[Approved  June  12,  1913.     Stats.  1913,  p.  (313.] 
Amended   191.5,  pp.  21,  (503;   1917,  p.  44. 
The  amendment  of  1917  follows: 

§  41/2.  False  representation  in  nurse's  examination.  Any  person  who 
shall  willfully  make  any  false  representation  or  who  shall  impersonate 
any  other  person  or  permit  or  aid  in  any  manner  any  person  to  im- 
personate him  in  connection  with  any  examination  or  application  for 
examination  or  registration  or  request  to  be  examined  or  registered  such 
person  shall  be  guilty  of  a  misdemeanor.  [New  section  added  April  5, 
1917;    Stats.    1917,    p.    45.] 

§  11.  Monthly  report  of  receipts.  Within  ten  days  after  the  begin- 
ning of  each  month  the  secretary  of  the  state  board  of  health  shall  report 
to  the  controller  the  amount  and  source  of  all  collections  made  under 
the  provisions  of  this  act,  and  at  the  same  time  all  such  amounts  shall 
be  paid  into  the  state  treasury  and  shall  be  placed  to  the  credit  of  the 
special  fund  to-'be  known  as  the  fund  for  examination  and  registration 
of  nurses;  provided,  that  whenever  and  as  often  as  there  is  in  the  state 
treasury  to  the  credit  of  the  fund  for  the  examination  and  registration 
of  nurses,  funds  in  excess,  of  ten  thousand  dollars  the  same  may  be  in- 
vested by  the  state  board  of  control  in  the  same  manner  that  the  funds 
of  the  state  school  land  fund  are  invested  and  the  interest  upon  such 
investment  when  collected  shall  be  placed  to  the  credit  of  the  fund  for 
the  examination  and  registration  of  nurses.  All  amounts  paid  into  this 
fund  shall  be  held  subject  to  the  order  of  the  state  board  of  health,  to 
be  used  only  for  the  purpose  of  meeting  necessary  expenses  in  the  per- 
formance of  the  purposes  of  and  the  duties  imposed  by  this  act.  Claims 
against  the  fund  shall  be  audited  by  the  state  board  of  health  and  by 
the  board  of  control  and  shall  be  paid  by  the  state  treasurer  upon  war- 
rants drawn  by  the  state  controller.  [Amendment  approved  April  5, 
1917;   Stats.   1917,   p.  45.] 

TITLE  386. 
OAKLAND. 
ACT  2509. 

Charter   of.      [Stats.    1911,   p.    1551.] 

Amended   1917,  pp.   1699,   1948,   1963. 

ACT  2534. 

An  act  granting  certain  tide-lands  and  submerged  lands  of  the  state  of 
(California  to  the  city  of  Oakland  and  regulating  the  management, 
use  and  control  thereof. 

[Approved  May  1,  1911.     Stats.  1911,  p.  1258.] 
Amended  1917;  Stats.  1917,  p.  63. 
The  amendment  of  1917  follows: 

§  1.  Tide-lands  granted  to  Oakland.  There  is  hereby  granted  to  the 
city  of  Oakland,  a  municipal  corporation  of  the  state  of  California,  and 

72 


Act  2534,  §  1  GENERAL    LAWS.  1138 

to  its  successors,  all  the  right,  title  and  interest  of  the  state  of  Cali- 
fornia held  by  said  state  by  virtue  of  its  sovereignty  in  and  to  all 
tide-lands  and  submerged  lands  whether  filled  or  unfilled  which  are  in- 
eluded  within  that  portion  of  the  city  of  Oakland  that  lies  westerly  of 
the  western  line  of  Pine  street,  as  Pine  street  exists  between  Atlantic 
street  and  Goss  street  and  as  shown  upon  that  certain  map  entitled  "map 
of  land  on  Oakland  point  (railroad  ferry  landing)  city  of  Oakland, 
tract  four  hundred  six,"  filed  May  24,  1864,  in  book  of  maps,  five,  page 
thirty-three,  records  of  Alameda  county,  and  said  western  line  of  Pine 
street  produced  northerly  and  southerly,  excepting,  however,  from  said 
tide-lands  and  submerged  lands  such  of  said  lands  as  lie  northerly  of 
the  northern  boundary  line  of  the  city  of  Oakland,  and  the  western 
extension  thereof,  as  said  northern  boundary  line  was  established  by 
an  act  of  the  legislature  of  the  state  of  California  entitled  "An  act 
to  amend  an  act  entitled  'An  act  to  incorporate  the  city  of  Oakland,' 
passed  March  twenty-fifth,  one  thousand  eight  hundred  fifty-four,  and 
repealing  certain  other  acts  in  relation  to  said  city,"  approved  April  24, 
1862,  to  be  forever  held  by  said  city  and  by  its  successors  in  trust  for 
the  use  and  purposes  and  upon  the  expressed  conditions  following,  to  wit; 

(a)  Purposes  for  which,  lands  may  he  used.  That  said  lands  shall  be 
used  by  said  city  and  its  successors,  only  for  the  establishment,  improve- 
ment and  conduct  of  a  harbor,  and  for  the  construction,  maintenance 
and  operation  thereon  of  wharves,  docks,  piers,  slips,  quays  and  other 
utilities,  structures  and  appliances  necessary  or  convenient  for  the  pro- 
motion and  accommodation  of  commerce  and  navigation,  and  said  city, 
or  its  successors  shall  not,  at  any  time,  grant,  convey,  give  or  alien  said 
lands,  or  any  part  thereof,  to  any  individual,  firm  or  corporation  for  any 
l)urposes  whatever;  provided,  that  said  city,  or  its  successors,  may  grant 
franchises  thereon  for  limited  periods,  but  in  no  event  exceeding  fifty 
years  for  wharves  and  other  public  uses  and  purposes,  and  may  lease 
said  lands  or  any  part  thereof  for  limited  periods,  but  in  no  event  ex- 
ceeding fifty  years,  for  the  purposes  consistent  with  the  trusts  upon 
which  said  lands  are  held  by  the  state  of  California,  and  with  the 
requironiciits  of  coiiimorce  or  navigation   at   said  harbor. 

(b)  Harbor  improved  without  expense  to  state.  That  said  harbor  shall 
be  improved  by  said  city  without  expense  to  the  state,  and  shall  always 
remain  a  public  harbor  for  all  purposes  of  commerce  and  navigation, 
and  the  state  of  California  shall  have,  at  all  times,  the  right  to  use, 
without  charge,  all  wharves,  docks,  piers,  slips,  quays  and  other  im- 
provements constructed  on  said  lauds,  or  any  part  thereof,  for  any 
vessel  or  other  water  crnft,  or  railroad,  owned  or  operated  by  the  state 
of  Califoniia. 

(c)  No  discrimination  in  rates.  That  in  tlie  management,  conduct  or 
operation  of  said  harbor,  or  of  any  of  the  utilities,  structures,  or  ap- 
pliances mentioned  in  paragrapii  (a),  no  discrimination  in  rates,  tolls,  or 
charges  or  in  facilities  for  any  use  or  service  in  connection  therewith 
shall  ever  be  made,  autliorized  or  permitted  by  said  city  or  its  successors. 

(.1)  Right  to  fish  reserved  to  people.  Tiicre  is  hcr(d.y  reserved,  how- 
ever in  the  i)eople  of  the  state  of  California  tin-  al)solute  right  to  fisli 
i„  all  the  waters  of  said  harbor,  with  the   right   of  convenient  access  to 


1139  PAROLE  COMMISSIONERS.     Acts  2595a-2623,  §  ^  1-8 

said    waters    over    said    land    for    said    purpose.      [Ameudmcut    aiiproved 
April  .5,   1917;   Wtats.   1917,  p.  (iM.J 

TITLE  397. 

ORPHAN   ASYLUM. 
ACT  2595a. 

An  act  appropriating  money  to  meet  additional  expense  for  the  support 
or  orphans,  half-orphans  and  abandoned  children  for  the  sixty-seventh 
and  sixty-eighth  fiscal  years.  [Approved  January  29,  1917.  Stats. 
1917,  p.  5.     In  effect  immediately.] 

This  act  appropriated  .'i;25(),00()  for  the  purpose  indicated. 

TITLE  401. 

PALO   ALTO. 
ACT  2612. 

Charter  of.      [Stats.  1909,  p.   1175.] 

Amended  1911;  Stats.  1911,  p.  2040;  1917,  Stats.  1917,  p.  1859. 

TITLE  403. 
PAEOLE  COMMISSIONEES. 
ACT  2623. 

An  act  to  authorize  the  state  board  of  prison  directors  to  provide  for 
assisting  paroled  and  discharged  prisoners  and  to  secure  employ- 
ment for  the  same  and  making  an  appropriation  for  that  purpose. 

[Approved  May  14,  1917.     Stats.  1917,  p.  528.     In  effect  July  27,  1917.] 

§  1.  Authority  to  assist  paroled  and  discharged  prisoners.  The  state 
board  of  prison  directors  shall  have  the  power  and  authority  to  pro- 
vide for  assisting  paroled  and  discharged  prisoners  and  to  secure  em- 
ployment for  the  same  and  for  that  purpose  they  may  employ  necessary 
officers  and  employees,  may  purchase  tools,  and  give  any  other  assistance 
that,  in  their  judgment,  they  may  deem  proper  for  the  purpose  of  carry- 
ing out  the  objects  and  spirit  of  this  act. 

§  2.  Moneys  drawn  without  submitting  vouchers.  Upon  this  act  be- 
coming effective,  the  state  board  of  prison  directors  may  draw  upon  the 
moneys  herein  appropriated  in  the  amount  of  one  thousand  dollars,  witli- 
out  submitting  vouchors  thereon,  which  amount  shall,  from  time  to 
time,  be  replenished  by  demand  upon  said  appropriation  equal  to  the 
amount  of  expenditures  represented  by  vouchers  submitted  to  the  state 
board  of  control  and  filed  with  the  controller. 

§  3.  Appropriation.  The  sum  of  seventeen  thousand  dollars  is  hereby 
appropriated  out  of  any  moneys  in  the  state  treasury,  not  otherwise 
appropriated,  for  the  purpose  of  this  act;  the  state  controller  is  hereby  di- 
rected to  draw  his  warrant  therefor,  payable  to  the  state  board  of  prison 
directors  in  such  amount  as  may  be  required  from  time  to  time,  and  the 
state  treasurer  is  directed  to  pay  the  same. 


Acts  2631,  2712a,  §  1        general  laws.  1140 

TITLE  406. 

PAUPERS. 
ACT  2631. 

An  act  to  provide  for  the  maintenance  and  support,  in  certain  cases,  of 
indigent,  incompetent,  and  incapacitated  persons  (other  than  persons 
adjudged  insane  and  confined  within  state  hospitals),  becoming  a 
public  charge  upon  the  counties,  or  cities  and  counties  within  the 
state  of  California,  and  for  the  payment  thereof  into  a  fund  for  the 
maintenance  and  support  of  such  persons. 

[Approved  March  23,  1901.     Stats.  1901,  p.  636.] 

Amended  1917;   Stats.  1917,  p.  444. 

The  amendment  of  1917  follows: 

§  5.  Duty  of  board  of  supervisors.  It  shall  be  the  duty  of  the  board 
of  supervisors  of  every  county  and  every  city  and  county  as  a  whole,  or 
by  committee  or  by  such  person  or  society  as  it  may  authorize,  to  in- 
vestigate every  application  for  relief  from  the  funds  of  such  county  or 
cit}'  and  county,  to  supervise  by  periodic  visitation  every  person  receiv- 
ing such  relief,  to  devise  ways  and  means  for  bringing  persons  unable  to 
maintain  themselves  to  self  support  and  to  keep  full  and  complete  records 
of  such  investigation,  supervision,  relief  and  rehabilitation,  as  shall  be 
prescribed  by  the  state  board  of  charities  and  corrections.  [Amendment 
approved  May  14,  1917;  Stats.  1917,  p.  445.] 

§  10.  Duty  of  state  board  of  charities  and  corrections.  It  shall  be  the 
duty  of  the  state  board  of  charities  and  corrections  to  prescribe  forms 
of  records  for  the  use  of  board  of  supervisors  and  their  agents  in  keep- 
ing records  heretofore  mentioned.  [New  section  added  May  14,  1917; 
Stats.  1917,  p.  445.] 

TITLE  417a. 
PLUMBING. 
ACT  2712a. 

An  act  pro\iding  for  the  examination,  certification  and  registration  of 
plumbers,  prescribing  powers  and  duties  of  the  state  board  of  health 
in  reference  thereto,  and  penalties  for  a  violation  of  the  provisions 
hereof. 

[Approved   April   6,   1917.     Stats.   1917,  ]>.   73.      in   etfect  July  27,   1917.] 

§  1.     "Master     plumber"     defined.     "Journeyman     plumber"'     defined. 

Certain  terms  as  used  in  this  act  shall  be  construed  as  follows: 

(a)  The  term  "master  plumber"  means  one  who  has  an  established 
place  of  business  and  works  by  contract. 

(b)  The  term  "journeyman  plumber"  means  ohe  who,  as  an  employee, 
personally  installs  plumbing  work,  but  does  not  mean  a  helper  or  an 
api)rentice  working  under  the  direct  personal  supervision  of  a  plumber 
who  holds  a  teini)orary  permit  or  a  certKiciitc  of  competency  issued  pur- 
suant to  the  provisions  of  this  act. 


1141  PLUMBING.  Act  2712a,  §§  2-5 

§  2.  Certificate  of  competency.  It  shall  be  unlawful  for  any  jouruey- 
man  plumber  or  master  plumber  in  any  city  or  town  maintaining  a  pub- 
lic sewer  system  to  personally  install  any  plumbing  or  drainage  system 
or  portion  thereof  unless  he  shall  first  obtain  a  temporary  permit  or  a 
certificate  of  competency  issued  pursuant  to  and  as  provided  for  in  this 
act. 

§  3.  Examining  board.  In  each  county  in  which  there  is  a  city  or 
town  having  a  sewer  system,  the  state  board  of  health  shall  appoint  an 
examining  board  of  three  members,  one  of  whom  must  be  a  journeyman 
plumber  who  has  had  at  least  five  years'  practical  experience  as  a 
plumber  in  this  state,  one  a  master  plumber  who  has  engaged  in  the 
plumbing  business  as  a  master  plumber  for  at  least  five  years  in  this 
state,  and  one  a  regularly  licensed  and  practicing  physician  of  this  state. 
They  shall  serve  for  twelve,  eighteen  and  twenty-four  months  respect- 
ively, or  until  their  successors  are  duly  appointed  and  qualified,  and  each 
member  shall  receive  as  compensation  fifty  cents  for  each  applicant 
examined,  such  compensation  to  be  paid  out  of  the  funds  of  the  state 
board  of  health  semi-annually.  Within  ten  days  after  their  appoint- 
ment the  board  shall  meet  and  choose  one  of  its  members  to  act  as 
secretary  of  the  board.  The  state  board  of  health  sljall  provide  each 
examining  board  with  the  necessary  application  forms,  registration  books, 
temporary  permits,  certification  blanks,  and  all  tools,  materials  and  office 
or  shop  room  in  which  to  properly  conduct  the  examinations.  Applica- 
tions for  examination  may  be  made  in  writing.  The  state  board  of 
health  shall  adopt  such  rules  and  regulations  as  may  be  necessary  and 
advisable  to  carry  out  the  purposes  of  this  act. 

§4.  Application  for  certification.  Examination.  Ajiplication  for  cer- 
tification shalj  be  made  to  the  secretary  of  the  examining  board.  The 
fee  for  filing  the  application  shall  be  two  and  one-half  dollars  and  shall 
be  paid  to  the  secretary  of  the  examining  board  and  by  him  to  the  state 
board  of  health  to  the  credit  of  the  contingent  fund  thereof.  In  no 
case  shall  the  filing  fee  be  returned  to  tlie  applicant.  The  examining  board 
shall  issue  to  the  applicant  a  temporary  permit  which  shall  be  valid  only 
until  the  examination  is  held  and  the  certificate  granted  or  denied. 
The  examination  shall  consist  of  an  oral  or  written  examination  and 
practical  test  and  shall  be  of  suflfieient  strictness  to  properly  test  the 
qualifications  of  the  applicant  as  to  his  knowledge  of  plumbing,  house 
draining  and  ventilation.  If  the  applicant  shows  bj^  a  proper  examina- 
tion that  he  is  qualified  the  board  shall  issue  to  him  a  certificate  of  com- 
petency which  shall  thereafter  be  renewed  every  twelve  months  without 
the  necessity  of  an  examination,  upon  the  payment  of  an  annual  fee 
of  two  dollars.  Any  person  possessing  such  a  certificate  of  competency 
to  work  in  a  particular  county  shall  be  entitled  to  work  at  the  plumbing 
business  in  any  other  county  in  this  state  upon  registering  with  the 
examining  board  thereof.  Such  registration  shall  be  without  cost  and 
without  examination. 

§  5.  Revocation  of  certificate.  Said  board  may  make  such  rules  and 
regulations  as  may  be  necessary  to  effectively  ca.rry  out  the  provisions 
of  this  act  and  may  at  any  time  revoke  a  certificate  granted  by  it  for 


Act  2735,  §§  3, 12  general  laws.  1142 

the  violation  of  any  such  rules  or  regulations  or  of  municipal  building, 
plumbing  or  sanitary  ordinance. 

§  6.  Provisions  of  city  charters.  Nothing  in  this  act  contained  shall 
be  deemed  to  repeal  or  in  any  manner  supersede  the  authority  conferred 
upon  the  board  of  health,  department  of  public  health,  or  health  oflacer, 
by  the  charter  of  any  incorporated  city  or  city  and  county,  or  the  power, 
under  such  charter,  to  enact  ordinances  providing  for  the  conduct  of  any 
of  the  matters  and  things  embraced  within  the  terms  of  this  act. 

§  7.  Penalty.  Any  person  violating  any  provisions  of  this  act  shall 
be  guilty  of  a  misdemeanor  as  defined  in  section  nineteen  of  the  Penal 
Code. 

TITLE  420. 

POLICE. 
ACT  2735. 

Creating  police   relief,  health,  life  insurance,  and  pension  fund. 
[Stats.  1889,  p.   56.] 

Amended  1891,  pp.  287,  469;  1897,  p.  52;  1917,  pp.  119,  120. 

The  amendments  of  1917  follow: 

§  3.  Who  entitled  to  receive  police  pensions.  Whenever  any  person 
at  the  taking  effect  of  this  act,  or  thereafter,  shall  have  been  duly  ap- 
pointed or  selected,  and  sworn,  and  have  served  for  twenty  years,  or 
more,  in  the  aggregate,  as  a  member,  in  any  capacity  or  any  rank  what- 
ever, of  the  regularly  constituted  police  department  of  any  such  county, 
city  and  county,  city,  or  town  which  may  hereafter  be  subject  to  the 
provisons  of  this  act,  said  board  shall  order  and  direct  that  such  person, 
after  becoming  sixty  years  of  age,  be  retired  from  further  services  in 
such  police  department,  and  from  the  date  of  the  making  of  such  order 
the  service  of  such  person  in  such  police  department  shall  cease,  and 
such  person  so  retired  shall  thereafter,  during  his  lifetime,  be  paid  from 
such  fund  a  yearly  pension  equal  to  one-half  of  the  amount  of  salary 
attached  to  the  rank  which  he  may  have  held  in  said  police  department 
for  the  period  of  one  year  next  preceding  the  date  of  such  retirement; 
jirovided,  that  any  person  who  comes  within  the  purview  of  this  section, 
who  has  otherwise  complied  with  its  provisions  and  who  has  served  for 
thirty  years  or  more  as  herein  provided  may  be  retired  from  further 
service  upon  a  yearly  pension  equal  to  two-thirds  of  the  amount  of  such 
yearly  salary.      [Amendment  approved  April  14,  1917;  Stats.  1917,  p.  119.] 

§  12.  Moneys  to  be  paid  into  police  pension  fund.  The  board  of 
supervisors,  or  other  governing  autliority.  of  any  county,  city  and  county, 
city,  or  town  shall,  for  the  jnirposes  of  said  "police  relief  and  pension 
fund"  hereinbefore  mentioned,  direct  the  payment  annually,  and  when 
the  tax  levy  is  maile,  into  siiid   fund  of  11i(>  fdllowing  moneys: 

Pirst — Not  less  11i;in  five  nor  more  llinii  tiMi  per  centum  of  all  moneys 
collected  and  received  i'roin  licenses  for  the  keeping  of  jilaces  wherein 
Hpiritnous,  malt,  or  (itlicr  intoxicating  liquors  are  sold. 

j^cfond- One  liair   <>t'    .■ill    iiioMcys    recei\(Mi    from    taxes    or    fi-oni    licenses 

npon.  dogs. 


1143  POLICE  COURTS.  Acts  2786, 27-lrla 

Third — All  niouoys  received  from  fines  imposed  upon  tlie  members  of 
the  police  force  of  said  county,  city  and  county,  city,  or  town,  for  vio- 
lation of  the  rules  and  regulations  of  the  police  department. 

Fourth — AH  proceeds  of  sales  of  unclaimed  property. 

Fifth — Not  less  than  one-fourth  nor  more  than  one-half  of  all  moneys 
received  from  licenses  from  pawnbrokers,  billinrd-hall  keepers,  second- 
hand dealers,  and  junk  stores. 

Sixth — All  moneys  received  from  fines  for  carrying  concealed  weapons. 

Seventh — Twenty-five  per  centum  of  all  fines  collected  in  mone^^  for 
violation  of   county,   city  and   county,  city,   or  town   ordinances. 

Eighth — All  rewards  given  or  paid  to  members  of  such  police  force, 
except  such  as  shall  be  excepted  by  the  chief  of  police. 

Ninth — The  board  of  supervisors,  or  other  governing  authority,  of  any 
county,  city  and  county,  city  or  town  shall  for  the  purposes  of  said 
"police  relief  and  pension  fund"  provide  in  addition  to  the  salary  now 
paid  or  which  may  be  hereafter  paid  to  each  member  of  the  police  de- 
partment an  amount  equal  to  two  per  cent  of  the  salaries  paid  to  the 
policemen  of  such  county,  city  and  county,  city  or  town  during  the 
preceding  year,  payable  from  the  funds  of  such  municipal  corporation. 
[Amendment  approved  April   14,   1917;   Stats.  1917,  p.  120.] 

ACT  2736. 

An  act  relating  to  senior  rights  of  members  of  paid  police  departments 
of  counties,  cities  and  counties,  cities  or  towns. 

[Approved   February   23,    1907.     Stats.    1907,   p.   46.] 

Amended  1917;   Stats.  1917,  p.  1610. 

§  1.  Senior  rights  in  police  department.  Whenever  a  member  of  a 
paid  police  department  of  any  county,  city  and  county,  city  or  town  shall 
have  served  ten  j^ears  as  a  member  of  such  police  department,  he  shall 
be  entitled  to  senior  rights  in  the  assignment  of  duties  in  the  order  of 
their  seniority  and  shall  be  entitled  to  day  work  or  to  any  position  held 
by  a  member  of  the  same  rank  not  ten  years  in  the  service.  [Amend- 
ment approved  June  1,  1917;  Stats.  1917,  p.  1610.] 

§  2.  Penalty  for  failure  to  make  assignments.  Any  i)olicc  official 
whose  duty  it  is  to  assign  the  members  of  the  police  department  to  their 
duties  and  who  fails  to  make  assignments  in  accordance  with  the  provi- 
sions hereof  shall  forfeit  one  month's  salary.  All  money  forfeited  under 
this  act  shall  be  paid  into  the  treasury  of  the  county,  city  and  county, 
city  or  town  in  which  the  forfeiture  occurs.  It  shall  be  the  duty  of 
the  district  attorney  to  enforce  the  provisions  hereof.  [Amendment  ap- 
proved June  1,  1917;  Stats.  1917,  p.  1611.] 

TITLE  421. 
POLICE  COURTS. 
ACT  2741a. 

An  act  to  establish  police  courts  in  cities  of  tlie  first  and  one-half  class, 
to  fix  the  jurisdiction  of  said  courts  and  to  provide  for  the  officers 
thereof,  to  prescribe   the   powers  and  duties   of  the  officers  of   said 


Aet27'lla,  §6  ^         genkbai.  laws.  1144 

courts,  aud  to  fix  the  compensation  of  certain  ofiicers  thereof,  and  to 
repeal  an  act  entitled  "An  act  to  establish  police  courts  in  cities 
of  the  first  and  one-half  class,  to  fix  their  jurisdiction  and  provide 
for  officers  of  said  courts  and  fix  the  compensation  of  certain  officers 
thereof,"  which  became  a  law  under  the  provisions  of  the  constitution 
of  the  state  of  California  without  the  governor's  approval,  on  the  5th 
day  of  March,  1901,  and  all  acts  amendatory  of  said  act  or  supple- 
mentary thereto. 

[Approved  June  6,  1913.     Stats.   1913,  p.  4(39.] 

Amended   1917;   Stats.    1917,   p.   417. 

The  amendment  of  1917  follows: 

§  6.  Clerk.  Bond,  salary,  duties,  monthly  account.  Business  hours. 
Dockets.  Said  police  court  shall  have  a  clerk  for  each  of  the  judges 
of  said  court,  who  shall  be  appointed  by  the  judge  of  said  court  pre- 
siding in  the  department  thereof  in  which  the  said  clerk  is  to  act,  and 
one  additional  clerk  who  shall  be  appointed  by  the  presiding  judge  of 
said  court.  Each  of  said  clerks  shall  hold  office  for  the  term  of  four 
years  from  the  date  of  his  appointment.  Each  such  clerk  shall  be  ex 
officio  a  clerk  of  the  city  justices  of  the  peace.  Each  of  said  clerks  shall 
give  a  bond  in  the  sum  of  five  thousand  dollars,  with  at  least  two  sureties, 
to  be  approved  by  the  mayor,  conditioned  for  the  faithful  discharge  of 
the  duties  of  his  office.  Each  of  said  clerks  shall  receive  an  annual 
salary  of  two  thousand  one  hundred  dollars,  payable  in  equal  monthly 
installments  out  of  the  treasury  of  said  city,  which  salary  shall  be  full 
compensation  for  all  services  rendered  by  him.  Each  of  said  clerks 
shall  keeji  a  record  of  the  proceedings  of  said  court  and  issue  all  pro- 
cesses ordered  by  the  city  justices  or  either  of  them,  or  by  said  police 
court  or  a  judge  thereof,  and  receive  and  pay  into  the  city  treasury 
all  fines  imposed  and  collected  by  said  court,  and  all  forfeitures  of  cash 
deposited  in  lieu  of  bail  in  said  court,  and  all  other  moneys  which  may 
come  into  his  hands  belonging  to  or  payable  to  said  city.  They  shall 
nlso  render  each  month  to  the  city  council  an  extract  and  detailed 
ni'couiit  miller  oath  of  all  fines  imposed  and  collected  and  of  all  fines 
imposed  aud  uncollected  since  tlieir  last  reports.  They  shall  prepare 
and  approve  bonds  and  may,  in  the  absence  of  a  judge  of  said  court, 
fi.v  the  amount  of  bail  to  be  required  of  any  defendant  charged  in  such 
coiiit  with  any  offense  of  which  such  couil  has  jurisdiction.  Such  clerk 
mav  also  justify  bail,  and  may  admiuistiM  aiul  certify  oaths.  Said  clerks 
shall  rctiiaiii  at  tlie  courtrooms  of  said  court  during  business  hours  and 
during  such  reasonable  times  thereafter  as  may  be  necessary  for  a  proper 
performance  of  their  duties.  Before  receiving  any  monthly  payment  of 
salary  each  of  said  clerks  shall  make  and  file  with  the  city  auditor  an 
affidavit  that  he  has  deposited  with  the  city  treasurer  all  moneys  that 
have  come  into  his  hands  belonging  to  the  city.  Any  violation  of  this 
provision  shall  be  a  misdemeanor.  Said  clerks  shall  keep,  compile  and 
be  the  custodians  of  the  dockets,  files  and  records  of  said  court.  Said 
dockets  shall,  in  civil  cases,  be  kept  in  conformity  to  the  provisions  of 
sections  nine  liiindicil  cIimmi,  nine  liiiiidrcd  twelve,  nine  liui!(lr(>d  thir- 
teen   aud   nine    liiindi.'d    rumt.Tii    of    IIm'   (ndc    nf   Civil    I'ronMlure    of   the 


1145  PROTECTION  DISTRICTS.  Act  2804,  §  201/, 

state  of  California.  In  criminal  cases  the  docket  shall  contain  in  each 
case: 

1.  The  title  of  the  case; 

2.  The  demurrer,  if  any; 

3.  The  motion  to  dismiss,  if  any,  based  upon  any  defect  of  the  com- 
plaint in  substance  or  form; 

4.  The  ruling  of  the  court  upon  any  demurrer  or  motion  to  dismiss; 

5.  The  defendant's  plea; 

6.  Any  order  of  the  court  setting  the  time  for  hearing  of  any  demurrer 
or  motion,  or  setting  case  for  trial; 

7.  The  names  of  the  witnesses  sworn  and  examined  at  the  trial; 
S.  The  verdict; 

9.  The  time  set  for  rendering  judgment,  if  judgment  is  not  passed  im- 
mediately after  verdict  or  plea  of  guilty;  and  the  waiver  of  time  for 
sentence,  if  there  be  such  waiver; 

10.  The  judgment; 

11.  A  minute  of  all  motions,  rulings  and  orders  made  after  verdict  of 
judgment; 

12.  The  dates  of  the  various  actions  or  things  required  to  be  recorded. 
Each  of   said   clerks  shall  perform   such   other  duties  as   the   court  by 

a  majority  vote  of  the  judges  thereof  may  determine  in  regulating  and 
conducting  the  business  of  said  court,  and  said  judges  may  select  one 
of  the  said  clerks  to  supervise  and  audit  the  books,  records  and  accounts 
of  the  several  departments  of  said  court  in  co-operation  with  the  city 
auditor  of  said  city,  and  to  pei'form  such  other  duties  as  said  judges  may 
require. 

TITLE  431. 

PEOTECTION  DISTRICTS. 
ACT  2804. 

.\n  act  to  provide  for  the  formation  of  protection  districts  in  the  vari- 
ous counties  of  this  state,  for  the  improvement  and  rectification  of 
the  channels  of  innavigable  streams  and  watercourses,  for  the  pre- 
vention of  the  overflow  thereof,  by  widening,  deepening,  and 
straightening  and  otherwise  improving  the  same,  and  to  authorize 
the  boards  of  supervisors  to  levy  and  collect  assessments  from  the 
property  benefited  to  pay  the  expenses  of  the  same. 

[Approved   March   27.   1895.     Stats.    1895,   p.   247.] 

Amended  1897.  p.  219;   190.3,  p.  .328;   1909.  p.  807;   1911,  p.  44(i ;    1917, 
!>.    1219. 

The   amendment   of   1917   follows: 

§201/2.  Refund  of  unused  assessments.  Assessments  levied  and  col- 
lected under  the  terms  of  this  act,  if  unused,  and  unapplied  for  a  period 
of  one  year  after  the  day  on  which  said  assessments  become  due  and 
payable,  may  be  refunded  by  the  board  of  supervisors  in  the  manner 
provided  by  law  for  the  refund  of  state  and  county  taxes.  [New  section 
added  Mav  2fi,  1917;   Stats.   1917.  p.   1219.] 


Act  2806,  §§  1,2  GENERAL   LAWS.  1146 

ACT  2806. 

Au  act  to  provide  for  the  formatiou,  orgauizatiou  and  govermiieut  of 
storm-water  districts,  for  the  jiurpose  of  protecting  the  land  therein 
from  damage  from  storm  water  and  from  the  waters  of  any  innavi- 
gable stream,  watercourse,  canyon  or  wash,  for  the  construction  of 
the  necessary  works  of  protection  by  said  district,  and  for  the  levy- 
ing of  taxes  and  assessments  to  pay  for  the  cost  of  constructing, 
repairing  and  maintaining  such  improvements. 

[Approved   March   13,   1909.     Stats.    1909,   ]>.   339.] 

Amended   1913,   p.  501;    1917,   p.   211. 

The  amendment  of  1917  follows: 

§  1.  Storm-water  districts  formed.  Petition  of  land  owners.  Resolu- 
tion of  intention.  Hearing.  Notice.  Storm-water  districts  may  be 
formed  under  the  })rovisious  of  this  act  for  the  purpose  of  protecting  the 
lands  in  such  district  from  damage  by  storm-water,  dams,  ditches,  dikes 
and  other  structures,  and  by  spreading,  conserving,  storing,  retaining 
or  causing  to  percolate  into  tlie  soil  any  or  all  waters  of  any  innavigable 
stream,  watercourse,  canyon  or  wash.  When  twenty-five  per  cent  or 
more  owners  of  land  whose  names  appear  as  such  upon  the  last  assess- 
ment-roll in  any  district  of  land  which  lies  in  one  body  and  is  liable  to 
damage  from  storm  water  or  from  the  waters  of  any  innavigable  stream, 
watercourse,  canyon  or  wash,  shall  present  a  petition  to  the  board  of 
supervisors  of  the  county  in  which  said  land  lies,  or  if  the  same  lies 
in  more  than  one  county,  then  to  the  board  of  supervisors  of  the  county 
in  which  the  greater  area  of  such  land  lies,  setting  forth  the  exterior 
boundaries  of  said  district  and  asking  that  the  district  so  described  be 
formed  into  a  storm-water  district  under  the  provisions  of  this  act. 
The  said  board  of  supervisors  shall  pass  a  resolution  declaring  their 
intention  to  form  or  organize  said  portion  of  said  county  or  counties 
into  a  storm-water  district  for  the  purpose  of  protecting  the  land  therein 
from  damage  from  storm  water  and  from  the  waters  of  any  innavigable 
stream,  canyon  or  wash  and  describing  the  exterior  boundaries  of  the 
district.  Said  resolution  shall  fix  a  time  and  place  for  the  hearing  of 
the  matter  not  less  than  thirty  days  after  the  passage  thereof,  and 
direct  the  clerk  of  said  board  to  publish  the  notice  of  the  intention  of 
the  board  of  supervisors  to  form  such  storm-water  district  and  of  the 
time  and  place  fixed  for  the  hearing,  and  shall  designate  some  news- 
paper of  general  circulation  jiublished  and  circulated  in  said  proposed 
storm-water  district,  or  if  there  is  no  newspaper  so  juiblislied  and  cir- 
culated, tlien  some  newspaper  of  ;;eii(Mal  circuhition  published  and  cir- 
culated in  each  county  in  which  any  ]iart  of  saiil  ])roposed  district  is 
situated  in  which  said  notice  is  to  \)v  piililisluMJ.  [Amendment  approved 
May   4,   1917;   Stats.    1917,   p    21.-;.] 

§2.  Publication  of  notice.  Notice  to  owners.  Thereupon  said  clerk 
sliail  cause  to  be  ]i;iblislied  in  tlie  newspaper  or  newsi)apers  so  designated, 
for  a  pciioil  ol'  Iwciily  days  hct'oic  the  dale  fixed  for  the  hearing,  a 
notice  which  shall  be  hcadcil  "Notice  of  inlenlion  of  the  board  of 
Hiipervisors  to   form  a  storni-walcr  district."     Said   notice  shall  set  forth 


11-1:7  rROTECTlON   DISTRICTS.        Act  2806,  §§  3-16 

the  fact  of  the  passage  of  suc-li  rrsolutioii  with  tlie  date  thereof,  the 
boundaries  of  the  proposed  district,  and  the  time  and  place  for  the  hear- 
ing, and  shall  state  that  it  is  proposed  to  assess  all  property  embraced  in 
said  proposed  storm-water  district,  for  the  purpose  of  paying  the  dam- 
ages, costs  and  expenses  of  constructing  and  repairing  such  dikes,  levees, 
ditches,  canals,  reservoirs,  shafts  and  other  improvement  as  may  be 
necessary  to  protect  the  land  in  said  district  from  damage  from  storm 
water  and  from  waters  of  any  innavigable  stream,  canyon  or  wash,  or 
to  spread,  conserve,  store,  retain  or  cause  to  percolate  into  the  soil 
within  such  district  any  or  all  of  such  waters,  and  the  necessary  expense 
of  maintaining  said  district,  and  shall  refer  to  the  resolution  for  further 
jiartitnilars.  The  assessor  shall  certify  to  the  clerk  the  name  of  each 
owner  of  land  in  the  proposed  district  whose  name  appears  as  such  on 
the  last  assessment-roll  of  the  county  or  counties  in  which  said  proposed 
district  lies,  and  said  clerk  shall  forthwith  send  a  copy  of  said  notice 
by  registered  mail,  postage  prepaid,  to  each  owner  so  certified,  addressed 
to  such  owner  at  his  address  given  on  said  assessment-roll  or,  if  no 
address  is  given,  then  at  his  last  known  address,  or  if  it  be  not  known, 
then  at  the  county  seat  of  the  count}'  in  which  his  land  lies.  Said  clerk 
shall  make  and  file  in  his  office  an  affidavit  of  such  mailing,  showing 
the  names  and  addresses  of  the  persons  to  whom  such  notices  were  sent, 
which  shall  be  prima  facie  evidence  that  such  notices  were  mailed  as 
herein  required.      [Amendment  approved  May  4,  1917;  Stats.  1917,  p.  21.5.] 

§  3.  Objections.  Any  person  interested  objecting  to  the  formation  of 
such  jiroposed  district,  or  to  the  extent  thereof,  may,  at  or  before  the 
time  fixed  for  the  hearing  of  the  matter,  file  a  written  objection  thereto, 
with  the  clerk  of  said  board  of  supervisors,  who  shall  indorse  thereon 
the  date  of  its  reception  by  him,  and  shall  at  the  time  fixed  for  the 
hearing,  place  all  such  objections  filed  with  him  before  said  board  of 
supervisors.     [Amendment  approved  May  4,   1917;   Stats.   1917,  p.   216.] 

§4.  Hearing.  Declaration  of  supervisors.  At  tlie  time  fixed  for  the 
hearing,  or  to  which  the  hearing  may  be  adjourned,  the  board  of  super- 
visors shall  hear  the  objections  filed,  if  any,  and  pass  upon  the  same. 
Said  board  may,  in  its  discretion,  sustain  any  or  all  of  the  objections 
filed,  and  may  change  or  alter  the  boundaries  of  such  proposed  district 
to  conform  to  the  needs  of  the  district,  except  that  they  shall  not  include 
therein  any  territory  not  included  in  the  boundaries  mentioned  in  the 
jietition,  and  may,  in  their  discretion,  declare  such  storm-water  district 
formed   with   the   boundaries    designated   by   them,    and   shall   designate 

such  district  by  name  as  the  storm-water  district  of  county 

(or  counties) ;  provided,  that  no  such  district  shall  be  formed  wherein 
a  majority  of  the  owners  of  property  in  said  district,  according  to  the 
last  previous  assessment-roll,  object.  [Amendment  approved  May  4, 
1917;    Stats.   1917,   p.   216.] 

§  16.     Installment   assessments.     Duty    of   tax    collector.     Payment  of 

assessments.     After  said  report  has  been  adopted,  the  board  of  trustees, 

if  they  consider  the  total  sum  to  be  raised  for  the  payment  of  the  cost 

'of  such  improvements  too  great  to  be  properly  expended  in  one  year,  or 

too  great  to  be  raised  in  one  year  by  assessment  against  the  property 

I 


Act  2806,  §  17  GENERAL   LAWS.  114S 

in  such  storm-water  district,  may  by  order  entered  upon  their  minutes, 
provide  that  the  total  sum  assessed  shall  be  raised  in  any  number  of  equal 
annual  installments,  not  exceeding  ten.  When  the  board  has  adopted 
the  report  and  determined  the  number  of  equal  annual  installments 
in  which  such  assessment  shall  be  raised,  they  shall  cause  their  clerk 
to  forward  to  the  tax  collector  of  the  county  in  which  such  district  is 
situated,  who  shall  file  the  same  in  his  office,  a  certified  copy  of  the 
report,  assessment  and  plat  as  adopted  and  confirmed  by  said  board  of 
trustees,  together  with  a  certified  copy  of  the  order  of  said  board,  fixing 
the  number  of  equal  annual  installments  in  which  such  assessment  is  to 
be  raised,  and  the  county  tax  collector  shall  enter  said  assessments  upon 
the  county  assessment-roll  in  the  same  manner  as  county  taxes.  From 
and  after  such  entry  upon  the  county  assessment-roll,  the  first  year's 
installment  of  the  amount  assessed  thereon  against  each  parcel  of  land 
shall  become  due  and  payable  immediately,  and  the  total  amount  as- 
sessed against  each  parcel  of  land  shall  constitute  a  lien  thereon j  and 
thereafter  installments  of  the  assessment  for  the  succeeding  years  shall 
become  due  and  payable  on  the  first  Monday  of  October  of  each  year; 
provided,  that  any  or  all  subsequent  installments  of  the  assessment  on 
any  parcel  of  land  may,  at  the  option  of  any  person  desiring  to  pay  the 
same,  be  paid  at  any  time  after  the  first  installment  becomes  due  and 
payable.  If  the  district  is  situated  in  two  or  more  counties,  a  certified 
copy  of  said  report,  assessment,  plat  and  order  of  the  board  of  trustees 
shall  be  filed  with  the  tax  collector  of  each  county  in  which  any  part 
of  said  district  is  situated,  and  thereafter  each  tax  collector  shall  enter 
the  assessments  upon  the  assessment-roll  of  liis  county  and  proceed  as  to 
the  property  in  said  district  wdthin  his  own  county  in  the  manner  here- 
inafter directed,  and  the  assessment  on  tlie  property  in  said  county 
shall  be  collected  in  the  manner  hereinafter  directed.  [Amendment 
approved  May  4,  1917;  Stats.  1917.  p.  21.1.] 

§  17.  Notice  by  tax  collector  that  assessments  are  due.  Annual  notice. 
Within  one  month  after  the  filing  of  such  certified  copy  of  said  report, 
assessment,  plat  and  order  with  the  tax  collector,  and  the  entry  of  the 
same  upon  the  county  assessment-roll,  said  tax  collector  shall  give  notice 
by  ten  days'  publication  in  a  newspaper  of  general  circulation  published 
in  said  district,  or  if  there  is  none,  in  a  newsfiaper  of  general  circulation 

published   in    his   county,   that    the   assessment-roll    of   storm-water 

district  of county,  has  been  filed  in  his  office,  and  entered  upon  the 

county  assessment-roll,  with  the  date  of  such  entry;  that  the  amounts 
entered  thereoii  arc  due  and  payable;  that  if  not  paid  on  or  before  the 
first  Mondiiv  in  .I;iniKny  next  ensuing,  the  same  will  become  delinquent 
■ind  will  lie  (•(illcctcd  in  the  satiic  tiuinner  as  delinquent  taxes.  If  the 
first  Monday  in  .laiiuary  next  ensuing  is  less  than  three  months  from  the 
date  of  filing  the  assessment-roll  with  the  tax  collector,  the  date,  to  be 
stated  in  the  notice,  shall  be  three  months  after  such  entry  uiuui  the 
county  assessment-roll.  rh«'  lax  .ollector  shall  note  im  the  county 
aHSCSsment-roll  all  assessments  jiaid,  with  the  dates  of  payment,  giving 
receipts  as  in  the  case  of  j)ayments  of  taxes,  and  shall  |)ay  all  money 
collected  into  the  county  treasury  at  the  same  time  and  in  the  same 
manner  as  money  collected   for  taxes  i»aid  into  such   trcasiny.      All   col- 


1149  PROTECTION    DISTRICTS.  Act  2806,  §  26a 

lections  of  subst'ciuoLit  iustalliiu'uts  of  tlio  assessmeut  shall  be  made  in 
the  same  luauuer  as  above  set  forth,  and  the  tax  collector  shall  annually 
(after  the  first  year),  immediately  after  the  first  Monday  of  October 
give  notice  as  above  directed  that  the  (giving  the  number)  annual  in- 
stallment of  the  assessments  of  said  district  is  now  due  and  payable, 
and  that  if  not  paid  on  or  before  the  first  Monday  of  January  next 
ensuing,  the  same  will  become  delinquent  and  will  be  collected  in  the 
same  manner  as  delinquent  taxes;  and  the  same  proceedings  shall  be 
had  thereon  as  upon  the  collection  of  the  first  assessment.  If  said  dis- 
trict is  situated  in  two  or  more  different  counties,  all  moneys  collected 
on  account  of  such  assessment  shall  be  paid  into  the  treasury  of  the 
county  in  which  said  district  was  organized.  [Amendment  approved 
May  4,   1917;   Stats.  1917,  p.  217.] 

§  26a.  Bonded  indebtedness.  Election.  Notice.  Whenever  the  board 
of  trustees  deem  it  necessary  for  the  district  to  incur  a  bonded  indebted- 
ness, it  shall,  by  resolution,  so  declare  and  state  the  proposition  to  be 
submitted  to  the  electors,  the  purpose  for  which  the  proposed  debt  is 
to  be  incurred,  the  amount  of  debt  to  be  incurred,  the  maximum  term 
the  bonds  proposed  to  be  issued  shall  run  before  maturity,  which  shall 
not  exceed  twenty  years,  and  the  maximum  rate  of  interest  to  be  paid, 
which  shall  not  exceed  six  per  cent  per  annum,  payable  semi-annually. 
The  board  of  trustees  shall  fix  a  date  upon  which  an  election  shall 
be  held,  for  the  purpose  of  authorizing  said  bonded  indebtedness  to  be 
incurred.  It  shall  be  the  duty  of  the  board  of  trustees  to  provide  for 
holding  such  special  elections  on  the  day  so  fixed  and  in  accordance 
with  the  general  election  laws  of  the  state,  so  far  as  the  same  shall 
be  applicable,  except  as  herein  otherwise  provided.  Such  board  of  trus- 
tees shall  give  notice  of  the  holding  of  such  election,  which  notice  shall 
contain  the  resolution  adopted  by  the  board  of  trustees  of  the  district, 
boundaries  of  precincts,  the  location  of  polling  places,  and  the  names 
of  the  officers  selected  to  conduct  the  election,  who  shall  consist  of  one 
judge,  one  inspector  and  one  clerk  in  each  precinct.  Such  notice  shall 
be  published  for  two  weeks  in  at  least  one  newspaper,  and  not  more 
than  two  newspapers  published  in  such  district,  which  newspaper  or 
newspapers  shall  bo  designated  by  the  board  of  trustees;  and  if  there 
is  no  newspaper  printed  in  such  district,  then  by  publication  for  two 
weeks  in  one  newspaper  published  in  the  county  in  which  such  district 
is  situated,  or  by  posting  such  notice  in  three  public  places  therein, 
at  least  two  weeks  before  the  date  of  such  election.  All  the  expenses 
of  holding  such  election  shall  be  borne  by  the  district.  The  returns  of 
such  election  shall  be  made,  the  votes  canvassed  by  said  board  of  trus- 
tees on  the  first  Monday  following  said  election,  and  the  results  thereof 
ascertained  and  declared  in  accordance  with  the  general  election  laws 
of  the  state,  so  far  as  they  may  be  applicable,  except  as  herein  other- 
wise provided.  The  secretary  of  the  board  of  trustees,  as  soon  as  the 
result  is  declared,  shall  enter  in  the  records  of  such  board  a  statement 
of  such  results.  No  irregularities  or  informalities  in  conducting  such 
election  shall  invalidate  the  same,  if  the  election  shall  have  otherwise 
been  fairly  conducted.  In  all  respects  not  otherwise  provided  for 
herein,  said  election  shall  be  called,  managed  and  directed  as  is  by  law 


Act  2806,  §§  26b-27  general  laws.  1150 

provided  for  general  elections  in  this  state  applicable  thereto.  [New 
section  approved  May  4,   1917;   Stats.  1917,  p.   1'18.] 

§  26b.  Bonds  issued  if  two-thirds  vote  favors,  if  from  such  returns 
it  appears  that  more  than  two-thirds  of  the  votes  cast  at  such  election 
were  in  favor  of  and  assented  to  the  incurring  of  such  indebtedness, 
then  the  board  of  trustees  may,  by  resolution,  at  such  time  or  times  as 
it  deems  proper,  provide  for  the  form,  denomination  and  execution  of 
such  bonds  and  for  the  issuance  of  any  part  thereof,  and  may  sell  or 
dispose  of  the  bonds  so  issued  at  such  time  or  times  and  in  such  manner, 
either  in  cash  in  lawful  money  of  the  United  States,  or  its  equivalent, 
as  it  may  deem  to  be  to  the  public  interest,  but  not  for  less  than  the 
par  value  thereof;  said  bonds  shall  be  signed  by  the  president  and  clerk 
of  said  district  and  the  seal  of  the  district  shall  be  affixed.  [New  sec- 
tion added  May  4,  1917;  Stats.  1917,  p.  219.] 

§  26c.  Bonds  exempt  from  taxation.  Any  bonds  issued  by  any  dis- 
trict, under  the  provisions  of  this  act,  are  hereby  given  the  same  force 
as  bonds  issued  by  any  municipality,  and  shall  be  exempt  from  all  taxa- 
tion within  the  state  of  California.  [New  section  added  May  4,  1917; 
Stats.  1917,  p.  219.]. 

§  26d.  Bonds  lien  upon  property  of  district.  Any  bonds  issued  under 
the  provisions  of  this  act  shall  be  a  lieu  upon  the  property  of  the  dis- 
trict and  the  lien  of  the  bonds  of  any  issue  shall  be  a  preferred  lien 
to  that  of  any  subsequent  issue.  Said  bonds,  and  the  interest  thereon, 
shall  be  paid  by  revenue  derived  from  an  annual  assessment  upon  the 
real  property  of  the  district;  and  all  the  real  property  in  the  district 
shall  be  and  remain  liable  to  be  assessed  from  such  payments.  [New 
section  added  May  4,  1917;  Stats.  1917,  p.  219.] 

§  26e.     Estimate  of  amount  to  pay  interest  and  principal.     Tax  levy. 

The  board  of  trustees  of  each  storm-water  district  shall  annually  during 
the  month  of  August  estimate  the  amount  of  money  wiiich  will  be 
needed  to  pay  the  interest  and  such  portion  of  any  bond  issue  maturing 
prior  to  the  preceding  August,  and  certify  such  amount  to  the  board 
of  supervisors  of  the  county  or  counties  in  which  said  district  lies. 
Such  boards  or  boards  of  supervisors  shall,  at  the  time  of  making  tiie 
levy  of  taxes,  for  county  purposes  for  that  year,  levy  a  tax  upon  the 
real  property  .in  their  county  in  said  district,  sufficient  in  amount  to  raise 
the  sum  estimated  by  the  board  of  trustees  to  be  necessary.  When  the 
district  is  in  two  or  more  counties,  the  aniouiif  to  be  raised  upon  the 
part  of  the  district  in  each  county  shall  be  in  pr()i)orTion  to  the  assessed 
vjiiiiation  of  the  several  portions  of  the  dislricts  in  the  respective  coun- 
ties. Said  tax,  wiien  levied,  shall  be  entered  ujiun  the  assessment-roll 
and  collected  in  the  same  maniUT  as  the  state  and  county  taxes.  When 
the  same  is  collected,  it  shall  be  placcii  in  the  treasury  of  the  county 
in  which  said  distrii-t  is  oi'i^anizcd,  to  tiie  creilit  of  the  bond  fund  of 
said  rllstrict,  and  shall  be  used  only  for  the  |iiirpose  lor  which  it  is 
raised,      [New  section  added    Mny    1,    1917;   Slats.    1917,  p.  220.  | 

§27,  Proceedings  for  disincorporation,  .\iiy  storm-water  district  may 
be  disini-oiii()fatcii   at   any   time   before   the  adoj)tion   of  the   first  coinmis- 


1151  PUBLIC  HEALTH.  Acts  2827, 2830,  §  2 

sioncM-'s  report  by  proceedings  had  in  the  following  manner:  Whenever  a 
petition  praying  for  such  disincorporation  shall  be  presented  to  the 
trustees  of  said  district  signed  by  a  majority  of  the  land  owners  therein, 
they  shall  call  an  election  in  the  same  manner  as  elections  for  members 
of  the  board  of  trustees  are  called,  and  submit  to  the  electors  of  said 
district  the  question  of  disincorporation.  Said  election  shall  be  held 
in  all  respects  in  the  same  manner  as  regular  elections  of  trustees  of 
the  district.  If  it  appears  that  a  majority  of  the  electors  voting  at  said 
election  have  voted  in  favor  of  disincorporation,  the  trusteees  shall 
cause  such  fact  to  be  entered  upon  their  minutes,  and  shall  forward  a 
copy  of  such  entry  to  the  board  of  supervisors  by  whom  the  district 
was  organized,  who  shall  file  the  same  with  their  clerk,  and  from  the 
date  of  such  filing,  said  district  shall  be  deemed  disincorporated;  pro- 
vided, that  if  at  the  time  of  the  dissolution,  or  disincorporation  of  said 
district,  there  be  any  outstanding  bonded  or  other  indebtedness 
of  such  district,  then  taxes  for  the  payment  of  such  bonded  or  other 
indebtedness  shall  be  levied  and  collected,  the  same  as  if  such  district 
had  not  been  dissolved  and  disincorporated,  but  for  all  other  purposes, 
such  district  shall  be  deemed  dissolved  and  disincorporated  from  the 
time  of  the  forwarding  of  said  copy  of  such  entry  to  said  board  of 
supervisors.      [Amendment  approved  May  4,  1917;  Stats.  1917,  p.  220.]' 

TITLE  435. 
PUBLIC    HEALTH. 
ACT  2827. 

An  act  to  provide  for  the  reporting  of  occupational  diseases.      [Approved 
April  21,  1911.     Stats.  1911,  p.  9o3.] 

Repealed  1917;  Stats.  1917,  p.  432. 

ACT  2830. 

An  act  for  the  preservation  of  the  public  health  of  the  people  of  the 
state  of  California,  and  empowering  the  state  board  of  health  to 
enforce  its  provisions,  and  providing  penalties  for  the  violation 
thereof. 

[Approved  March  23,  1907.     Stats.   1907,  p.  S93.] 

Amendea  April  1,  1911,  Stats.  1911,  p.  565,  and  June  13,  1913,  Stats. 
1913,  p.  796;  May  24,  1917,  Stats.  1917,  p.  920. 

The  amendment  of  1917  follows: 

§2.  Unlawful  to  discharge  sewage  in  streams.  Unlawful  to  moor 
house-boat  two  miles  above  intake.  It  shall  be  unlawful  to  discharge, 
drain  or  deposit,  or  cause  or  suffer  to  be  discharged,  drained  or .  de- 
posited, any  sewage,  garbage,  feculent  matter,  offal,  refuse,  filth,  or  any 
animal,  mineral,  or  vegetable  matter  or  substance,  offensive,  injurious 
or  dano-erous  to  health,  into  any  springs,  streams,  rivers,  lakes,  tribu- 
taries thereof,  w^ells  or  other  waters  used  or  intended  to  be  used  for 
human  or  animal  consumption  or  for  domestic  purposes,  or  to  maintain 
a  sewer  farm  or  to  erect,  construct,  excavate,  or  maintain,  or  cause  to 
l)e  erected,  constructed,  excavated  or  maintained,  any  privy,  vault,  cess- 


Act  2830,  §  3  GENERAL    LAWS.  1152 

pool,  sewage  treatment  works,  sewer-pipes  or  conduits,  or  other  pipes 
or  conduits,  for  the  treatment  and  discharge  of  sewage  or  sewage  efflu- 
ents or  impure  waters,  gas,  vapors,  oils,  acids,  tar,  or  any  matter  or 
substance  offensive,  injurious  or  dangerous  to  health,  whereby  the  same 
shall  overflow  lands  or  shall  empty,  flow,  seep,  drain,  condense  into  or 
otherwise  pollute  or  affect  any  waters  intended  for  human  or  animal 
consumption  or  for  domestic  purposes,  or  any  of  the  salt  waters  within 
the  jurisdiction  of  this  state;  or  to  add  to,  modify  or  alter  any  of  the 
plant,  works,  system  thereof  or  manner  or  place  of  discharge  or  dis- 
posal; or  to  erect  or  maintain  any  permanent  or  temporary  house,  camp, 
or  tent,  so  near  to  such  springs,  streams,  rivers,  lakes,  tributaries,  or 
other  sources  of  water  supply,  as  to  cause  or  sutt'er  the  drainage,  seepage, 
or  flow  of  impure  waters,  or  any  other  liquids,  or  the  discharge  or  de- 
posit therefrom  of  any  animal,  mineral,  or  vegetable  matter,  to  pollute 
such  waters  without  a  permit  from  the  state  board  of  health,  as  here- 
inafter provided. 

It  shall  also  be  unlawful  for  the  owner,  tenant,  lessee  or  occupant 
of  any  house-boat  or  boat  intended  for  or  capable  or  being  used  as  a 
residence,  house,  dwelling  or  habitation,  or  for  the  agent  of  such  owner, 
tenant,  lessee  or  occupant  to  moor  or  anchor  the  same  or  permit  the 
same  to  be  moored  or  anchored  in  or  on  any  river  or  stream,  the  waters 
of  which  are  used  for  drinking  or  domestic  purposes  by  any  city,  town 
or  village  within  a  distance  of  two  miles  above  the  intake  or  place  where 
such  city,  town  or  village  water  system  takes  water  from  such  river 
or  stream;  provided,  however,  that  in  the  transportation  of  any  such 
house-boat  on  any  such  river  or  stream  nothing  herein  contained  shall 
prevent  the  owner,  agent,  tenant  or  occupant  of  such  house-boat  from 
mooring  or  anchoring  the  same  when  necessary  within  the  limits  herein 
fixed  and  established;  provided,  such  house-boat  shall  not  remain  moored 
or  anchored  within  such  limits  for  a  longer  period  than  one  day. 
[Amendment  approved  May  24,  1917;   Stats.   1917,  p.  92().  [ 

§  3.  Petition  for  permission  to  discharge  sewage,  etc.,  into  streams. 
Plan  of  work.  Hearing.  Wlicnever  any  county,  city  and  county,  city, 
town,  village,  district,  community,  institution,  person,  firm,  or  corpora- 
tion, shall  desire  to  deposit  or  discharge,  .or  continue  to  deposit  or  dis- 
charge into  any  stream,  river,  lake  or  tributary  thereof,  or  into  any 
other  waters  used  or  intended  to  be  used  for  human  or  animal  consump- 
tion or  for  domestic  purposes,  or  into  or  ui)oii  :iny  place  the  surface  or 
subterranean  drainage  from  which  may  run  or  percolate  into  any  such 
stream,  river,  lake,  tributary  or  other  waters,  any  sewage,  sewage  efflu- 
ent, or  other  substance  by  the  terms  of  section  two  of  this  act  forbidden 
so  to  be  deposited  or  discharged,  or  whenever  any  such  county,  city  and 
county,  city,  town,  village,  district,  community,  institution,  person,  firm 
or  corporation  shall  desire  to  deposit  or  discharge,  or  continue  to  deposit 
or  discharge  any  sewage,  sewage  effluent,  trade  wastes  or  any  animal 
mineral  or  vegetable  matter  or  substance,  offensive,  injurious  or  danger- 
ous to  health  in  any  of  the  salt  waters  within  the  jurisdiction  of  this 
state,  or  to  maintain  a  sewer  farm  or  to  permit  the  overflow  of  sewage 
on  to  any  hind  whatever,  or  shall  desire  to  erect,  construct,  excavate 
or  maintain  any  privy,  vault,  cesspool,  sewage  treatment  works,  sewer- 


1153  PUBLIC  iiEALTir.  Act  2880,  §  3 

pipe  or  conduits,  or  other  pipes  or  conduits  for  the  treatment  and  dis- 
cliarge  of  sewage,  sewage  effluents,  or  any  matter  offensive,  injurious  or 
dangerous  to  health,  or  shall  desire  to  add  to,  modify  or  alter  any  of  the 
plant,  works,  or  system  or  manner  or  place  of  discliargo  or  disposal,  he 
or  it  shall  file  with  the  state  board  of  health  a  petition  for  permission 
so  to  do,  together  with  a  complete  and  detailed  plan,  description  and 
history  of  the  existing  or  i)roposed  works,  system,  treatuient  plant  and  of 
such  proposed  addition  to,  modification  or  alteration  of  any  of  the  plant, 
works,  system  or  manner  or  place  of  discharge  or  disposal,  such  plans 
and  general  statement  to  be  in  such  form  and  to  cover  such  matters 
as  the  state  board  of  health  shall  prescribe.  Thereupon,  a  thorough 
investigation  of  the  proposed  or  existing  works,  system  and  plant,  and 
all  circumstances  and  conditions  by  it  deemed  to  be  material,  shall  be 
made  by  the  state  board  of  health.  As  a  part  of  such  investigation, 
and  after  ten  days'  notice  by  mail  to  the  petitioner,  a  hearing  or  hear- 
ings may  be  had  before  said  board  or  an  examiner  appointed  by  it  for 
the  purpose.  At  such  hearing  or  hearings  witnesses  who  testify  shall  be 
sworn  by  the  person  conducting  the  hearing,  and  evidence,  oral  or 
documentary,  may  be  required,  a  record  of  which  shall  be  made  and  filed 
with  said  board.     Upon  the  completion  of  such  investigation  said  board, 

(a)  Petition  denied  when  discharge  would  endanger  public  health.     Ap- 
pointment of  person  to  take  charge   of  plant.     Temporary  permit.     If 

it  shall  determine  as  a  fact  that  the  substance  being  or  to  be  discharged 
or  deposited  is  such  that  under  all  the  circumstances  and  conditions  it 
may  so  contaminate  or  pollute  such  stream,  river,  lake,  tributary  or  other 
waters  or  lands  on  which  it  may  be  discharged,  deposited  or  caused  to 
overflow,  as  to  endanger  the  lives  or  health  of  human  beings  or  animals, 
or  to  constitute  a  nuisance,  or  does  or  may  constitute  a  menace  to  public 
health  or  a  nuisance,  or  that  under  all  the  circumstances  and  conditions 
it  is  not  necessary  so  to  dispose  of  such  substance,  the  state  board  of 
health  shall  deny  the  prayer  of  such  petition;  and  shall  order  petitioner 
to  make  such  changes  as  the  state  board  of  health  shall  deem  proper  for 
the  purpose  of  this  act.  The  state  board  of  health  may  order,  the  ap- 
pointing of  a  competent  person,  to  be  approved  by  said  board,  and  to 
be  paid  by  said  petitioner,  who  shall  take  charge  of  and  operate  such 
plant  or  system  so  as  to  secure  the  results  demanded  by  the  state  board 
of  health;  and  said  board  may  order  such  repair,  alteration  or  additions 
to  the  existing  system,  plant  and  works  that  the  sewage  or  substance 
being  or  intended  to  b*e  discharged  or  disposed  of  shall  not  contaminate 
or  pollute  streams  or  other  water  supplies,  or  endanger  the  lives,  health 
or  comfort  of  human  beings  or  animals;  and  said  board  may  order  such 
changes  of  method,  manner  and  place  of  disposal  and  the  installation  of 
such  treatment  works  that  streams  and  other  water  supplies  will  not  be 
polluted  or  contaminated  and  the  works  and  disposal  shall  not  constitute 
a  menace  to  health  of  human  beings  or  animals,  or  a  nuisance;  which 
orders  shall  designate  the  period  within  which  the  desired  charges  are 
to  be  made;  provided,  however,  that  a  temporary  permit  may  be  issued 
by  the  state  board  of  health  for  said  period  to  permit  compliance  with 
such  order  or  orders. 
73 


Act  2830,  §  3  GENERAL   LAWS.  1154 

(b)  Petition  granted  when  discharge  would  not  endanger  public  health. 
Permits  revocable.  Examinations  by  state  board  of  health.  Report  on 
works,  etc.  Suit  to  enjoin  discharge  of  sewage  into  streams.  Public 
nuisance.  Penalty  for  violation.  If  it  shall  determine,  as  a  fact,  that 
the  substance  being  or  to  be  discharged  or  deposited,  is  not  such  that 
under  all  the  circumstances  and  conditions,  it  will  so  contaminate  or 
pollute  such  stream,  river,  lake,  tributary  or  other  waters,  as  to  endanger 
the  lives  or  health  of  human  beings  or  animals,  or  to  constitute  a  nui- 
sance, and  that  under  all  the  circvunstances  and  conditions  it  is  neces- 
sary so  to  dispose  of  su'eh  substance,  it  shall  grant  to  petitioner  a  permit 
authorizing  petitioner  so  to  deposit  or  discharge  or  to  continue  to  deposit 
or  discharge  such  substance;  provided,  however,  that  such  permit  shall 
not  be  construed  to  permit  any  act  forbidden  by  any  provision  of  the 
laws  of  this  state  relative  to  the  preservation  or  propagation  of  fish  or 
game,  or  relative  to  the  deposit  of  debris  into  the  streams  of  the  state, 
or  relative  to  the  obstruction  of  navigation;  and  provided,  further,  that 
all  permits  issued  hereunder  shall  be  revocable  by  said  board  at  any 
time  or  subject  to  suspension  if  said  board  shall  determine,  as  a  fact, 
that  the  substance  discharged  or  deposited  by  virtue  thereof  causes  or 
may  cause  a  contamiijation  or  pollution  of  waters  or  land  that  does  or 
may  endanger  the  lives  or  health  of  human  beings  or  animals,  or  does 
or  may  constitute  a  nuisance;  and  provided,  also,  that  nothing  contained 
in  this  act  shall  be  construed  as  limiting  or  denying  the  power  of  any 
incorporated  city,  city  and  county,  town  or  village  to  declare,  prohibit 
and  abate  nuisances,  or  as  limiting  or  denying  the  power  of  the  state 
board  of  health  to  declare  or  abate  nuisances. 

The  state  board  of  health  and  its  inspectors  shall  at  any  and  all  times 
have  full  power  and  authority  to  and  shall  be  permitted  to,  enter  into 
and  upon  any  and  all  places,  inclosures  and  structures  for  the  purpose 
of  making,  and  to  make,  examinations  and  investigations  to  determine 
whether  any  provision  of  this  act  is  being  violated.  Whenever  any  pe- 
titioner shall  be  granted  any  permit  by  said  board  and  under  the  provi- 
sions of  this  act,  such  petitioner  shall  furnish  to  said  board  upon  demand 
a  complete  report  upon  the  condition  and  operation  of  the  system,  plant 
or  works,  which  report  shall  be  made  by  some  compe-tent  person  desig- 
nated for  the  purpose  by  said  board,  and  at  the  sole  cost  and  expense 
of  the  holder  of  the  permit. 

Any  county,  city  and  county,  city,  town,  village,  district,  community, 
institution,  person,  firm  or  corporation,  who  sha"ll  deposit,  discharge  or 
continue  to  deposit  or  discharge,  into  any  stream,  river,  lake,  or  tribu- 
tary thereof,  or  into  any  other  waters,  used  or  intended  to  be  used  for 
human  or  animal  consumption  or  for  domestic  purposes,  or  into  or  upon 
any  place  the  surface  or  subterranean  drainage  from  which  may  run  or 
percolate  into  any  such  stream,  river,  lake,  tributary  or  other  waters,  or 
into  any  of  the  salt  waters,  or  lands,  within  the  jurisdiction  of  tliis  state, 
any  sewage,  sewage  aflluciit  or  otlier  substance  by  the  terms  of  section 
two  of  this  act  forbidden  to  l)c  so  deposited  or  discharged,  without 
having  an  unrevoked  ])eriiiit  so  to  do,  as  in  this  act  provided,  may  be 
enjoined  from  so  doing  by  any  court  of  competent  jurisdiction  at  the 
suit  of  any  person  or  municipal  corporation  whose  supply  of  water  for 


1155  PUBLIC  HEALTH.  Act  2836a,  §  2 

human  or  animal  consumption  or  for  domestic  purposes  is  or  may  be 
affected,  or  by  the  state  board  of  health. 

Anything  done,  maintained,  or  suffered,  in  violation  of  any  of  the 
provisions  of  section  2  or  section  3  of  this  act  shall  be  deemed  to  be 
a  public  nuisance,  dangerous  to  health,  and  may  be  summarily  abated  as 
such. 

Every  county,  city  and  county,  city,  town,  village,  district,  community, 
institution,  firm,  corporation  or  person,  or  any  officer,  employee  or  agent 
thereof  upon  whom  the  duty  to  act  is  cast,  who  shall  violate  any  provi- 
sion or  part  thereof  of  section  2  or  3  of  this  act,  or  who  shall  fail  to 
obey,  observe  or  comply  with  any  direction,  order,  requirement  or  de- 
mand or  any  part  or  provision  thereof  of  the  state  board  of  health,  or 
who  aids  or  abets  any  such  county,  city  and  county,  city,  town,  village, 
district,  community,  institution,  firm,  corporation  or  person,  or  any  ofii- 
cer,  employee  or  agent  thereof  in  any  failure  to  obey  or  comply  with 
the  provisions  of  this  act  or  the  orders  of  the  state  board  of  health  as 
provided  in  this  act,  shall  become  liable  for  and  forfeit  to  the  state 
of  California  the  penal  sum  of  not  more  than  one  thousand  dollars  to  be 
fixed  by  the  court  for  each  and  every  offense.  The  continued  existence 
of  any  violation  of  this  act  for  each  and  every  day  beyond  the  time 
stipulated  for  compliance,  with  any  of  its  provisions  or  of  any  order  of 
the  state  board  of  health  as  provided  herein  shall  constitute  a  separate 
and  distinct  offense.  All  penalties  are  to  be  recovered  by  the  state  in 
civil  action  brought  by  the  state  of  California  and  such  penalties  when 
collected  shall  be  paid  into  the  general  fund  of  the  state  treasury. 

Every  officer,  agent,  or  employee  of  any  county,  city  and  county,  city, 
town,  village,  district,  community,  institution,  firm,  corporation  or  per- 
son who  shall  violate  or  fail  to  comply  with  any  of  the  provisions  of  sec- 
tion 2  or  section  3  of  this  act  or  with  the  order  or  orders  of  the  state 
board  of  health  or  any  part  thereof,  or  who  aids  or  abets  in  any  fail- 
ure to  observe  and  comply  with  any  such  provision,  order,  or  part  thereof, 
is  guilty  of  a  misdemeanor  and  is  punishable  by  a  fine  not  exceeding 
one  thousand  dollars  or  by  imprisonment  in  the  county  jail  not  exceed- 
ing one  year  or  by  both  such  fine  and  imprisonment,  for  each  offense. 
Each  day's  violation  of  this  provision  shall  constitute  a  separate  and 
distinct  offense.  [Amendment  approved  May  24,  1917j  Stats.  1917, 
p.  921.] 

ACT  2836a. 

An  act  to  prevent  the  introduction,  and  provide  for  the  investigation 
and  suppression  of  contagious  or  infectious  diseases,  and  appropriat- 
ing money  to  be  used  for  such  purpose. 

[Approved  June  7,  1913.     Stats.   1913,  p.  868.] 
Amended  1917;  Stats.  1917,  p.  671. 
The  amendment  of  1917  follows: 

§  2.  Extermination  of  rodents,  insects,  vermin  etc.,  by  property 
owners.  Extermination  by  state  board  of  health.  Whenever  any  land, 
place,  building,  structure,  wharf,  iiier,  dock,  vessel  or  water  craft,  or 
other  property  is  infested  with  rodents,  insects,  or  other  veriniu  which 


Act  2836a,  §  3  general  laws.  1156 

are  liable  to  convey  or  spread  contagious  or  infectious  disease  from  an 
existing  focus  declared  by  the  state  board  of  health,  it  shall  be  the  duty 
of  said  board  to  at  once  notify  the  person,  firm,  copartnership,  corpora- 
tion, city,  city  and  county,  county,  or  district,  owning  said  land,  place, 
building,  structure,  wharf,  pier,  dock,  vessel  or  water  craft,  or  other 
projDerty  of  the  existence  of  said  rodents,  insects  or  other  vermin,  and 
said  notice  shall  direct  said  owner  to  proceed  immediately  to  exter- 
minate and  destroy  said  rodents,  insects,  or  other  vermin,  and  to  con- 
tinue in  good  faith  such  measures  as  may  be  necessary  to  prevent  their 
return.  Service  of  such  notice  upon  a  trustee,  executor  or  administrator 
of  the  estate  Of  the  recorded  owner  of  said  property  shall  be  deemed 
sufficient  notice  to  the  owner  as  provided  herein  and  in  the  event  the 
owner  is  absent  from  the  state  or  cannot  with  due  diligence  be  found, 
said  notice  shall  be  mailed  to  such  owner  addressed  to  his  address  given 
on  the  last  completed  assessment-roll  of  the  county,  or  city  and  county 
in  which  said  property  is  situate,  or  if  no  address  be  so  given,  then  to 
his  last  known  address  and  a  copy  of  said  notice  shall  be  posted  in  a 
conspicuous  place  upon  said  property  for  a  period  of  ten  days.  In  the 
event  that  said  owner  fails,  refuses  or  neglects  to  proceed  and  con- 
tinue as  above  provided,  within  ten  days  from  date  of  receipt  of  said 
notice,  the  state  board  of  health  may  proceed  to  destroy  said  rodents, 
insects  or  other  vermin,  and  take  other  appropriate  measures  to  prevent 
their  return,  and  the  cost  thereof  shall  be  repaid  to  the  state  board 
of  health  by  the  owner  of  said  land,  place  building  structure,  wharf, 
]>ier,  dock,  A'essel,  water  craft  or  other  propert}-;  provided,  however, 
that  said  owner  shall  not  be  liable  for  expenditures  in  any  one  year, 
in  excess  of  ten  per  cent  of  the  assessed  valuation  of  such  property, 
and  the  appropriation  provided  in  section  one  of  this  act  shall  be  reim- 
bursed by  the  amount  so  paid,  and  may  be  again  expended  in  a  similar 
manner.      [Amendment  approved  May   18,  1917;   Stats.  1917,  p.   671.] 

§  3.  Lien  on  property  for  payment  of  expense  of  extermination.  Dis- 
position of  proceeds.  Receiver.  Bond.  Any  and  all  sums  so  expended  by 
said  state  board  of  health  shall  be  a  lien  upon  the  property  on  which  such 
rodents,  insects  or  other  vermin  shall  have  been  destroyed,  or  other  appro- 
]iriate  measures  taken.  The  state  board  of  health  shall  cause  to  be 
filed  in  the  office  of  the  county  recorder  of  the  county  wherein  said 
jiroperty  is  situated  a  notice  setting  forth  the  amount  so  expended  by 
the  state  board  of  health  and  claiming  a  lien  upon  such  property  for 
the  amount  of  such  expenditures.  Such  claim  of  lien  must  be  filed 
within  six  months  after  the  first  item  of  expenditure.  An  action  to 
foreclose  such  lien  shall  be  commeTiced  within  six  months  after  the 
filing  and  recording  of  said  notice  of  lien,  which  action  shall  be  brought 
liy  the  state  1)oard  of  licilth  through  its  attorney  and  for  its  benefit; 
|)rovided,  however,  Ili;it  1  lie  lien  provisions  of  this  act  shall  not  apply 
to  the  jtroperty  of  .■my  loimty,  city  ;iiid  county,  municipality,  district,  or 
otlicr  |>ublic  cor|. oration,  hut  it  sliall  lie  the  duty  of  the  governing  body 
of  such  county,  city  and  county,  iniiiiicipality,  district  or  other  public 
corporation  to  repay  the  state  l)oa)cl  of  health  the  amount  expended  by 
it  upon  such  jtropcr<y  under  the  prosision  of  this  act  upon  presentation 
hv  said  Htate  board  of  liealtii  of  a  verified  claim  or  bill  showing  the 
amount   of  sucli  ex[iein|itur('s. 


1157  PUBLIC  HEALTH.      Acts  2810b,  281()(',  §  1 

When  the  property  in  sold,  enough  of  the  proceeds  to  Satisfy  sueli 
lien  and  the  costs  of  foreclosure  shall  be  paid  into  the  state  treasury 
for  the  benefit  of  the  fund  herein  created  and  the  overplus,  if  any 
there  be,  shall  be  paid  to  the  owner  of  the  property  if  known,  and  if 
not  known,  shall  be  paid  into  the  court  for  the  use  of  such  owner  when 
ascertained. 

When  it  appears  from  the  complaint  in  such  action  that  the  property 
on  which  such  lien  is  to  be  foreclosed  is  likely  to  be  removed  from  the 
jurisdiction  of  the  court,  the  court  may  appoint  a  receiver  to  take  pos- 
session of  the  property  and  liold  the  same  while  the  action  may  be  pend- 
ing or  until  the  defendant  shall  execute  and  file  a  bond,  with  sutfieieut 
sureties,  conditioned  for  the  -payment  of  any  judgment  that  may  be 
received  against  him  in  the  action  and  all  costs.  |  Amendment  approved 
May  18,  1917;  Stats.  1917,  p.  672.]. 

ACT  2840to. 

An  act  regulating  the  cleaning,  laundering,  sale,  offering  for  sale,  and 
furnishing  for  use  to  employees,  of  wiping  rags;  autliorizing 
counties,  cities  and  counties,  cities  and  towns,  to  enact  ordinances 
prohibiting  the  cleaning,  laundering,  sterilizing,  and  sale  of  wiping 
rags  without  a  permit,  and  to  issue  and  revoke  permits  to  clean, 
launder,  and  sell  wiping  rags  within  their  respective  jurisdiction; 
authorizing  peace  and  health  officers  to  make  inspections  of  wiping 
rags,  and  making  violations  of  this  act  a  misdemeanor. 

[Approved   April   25,    1913.     Stats.    1913,   p.    86.] 

Amended  1917,  p.  1609. 

The  amendment  of  1917  follows: 

§  3.  Not  to  be  cleaned  in  laundry.  Aiiy  person  or  corporation  who 
shall  wash,  cleanse  or  launder  soiled  rags  or  soiled  cloth  material  for 
wiping  rags  by  the  same  machinery  or  appliances  by  which  clothing  and 
articles  for  personal  wear  or  household  use  are  laundered,  shall  be  guilty 
of  a  misdemeanor.  [Amendment  approved  June  1,  1917.  Stats.  1917, 
p.  1609.] 

ACT  2840c. 

An  act  to  provide  for  the  formation,  government,  organization,  opera- 
tion and  dissolution  of  local  health  districts  in  any  part  of  the 
state  and  for  changing  the  boundaries  thereof,  the  appointment  and 
compensation  of  local  district  health  officers,  their  deputies  and  as- 
sistants; defining  the  qualifications,  powers  and  duties  of  such 
officers;  and  to  provide  for  the  assessment,  levy,  collection,  custody 
and  disbursement  of  taxes  therein. 

[Approved  May  21,  1917.      Stats.  1917,  p.  791.     In  effect  July  27,  1917.] 

§  1.  Local  health  district  may  be  organized.  A  local  health  district 
may  be  organized,  incorporated  and  managed  as  herein  provided,  and 
may  exercise  the  powers  herein  granted  or  necessarily  implied.  Such 
a  district  may  include  incorporated  or  unincorporated  territory  or  both, 
in  any  one  or  more  counties;  provided,  that  the  territory  of  the  district 
consists  of  contiguous  jnircels  and  that  the  territory  of  no  municipal  cor- 
poration is  divided. 


Act  2840e,  §  2  general  laws.  1158 

§  2.  Petition  of  voters.  Publication.  Hearing.  Boundaries.  When- 
ever the  forniatiou  of  a  local  health  district  is  desired,  a  petition,  which 
may  consist  of  any  nninber  of  instruments,  may  be  presented  at  a  regu- 
lar meeting  of  the  board  of  supervisors  of  the  county  in  which  the  pro- 
posed district  or  portion  thereof  is  situated,  signed  by  registered  voters 
of  each  unit  of  the  district  equal  in  number  to  at  least  ten  per  cent  of 
the  number  of  votes  cast  in  each  unit  respectively  for  the  office  of  gov- 
ernor at  the  last  preceding  general  election  at  which  a  governor  was 
elected.  For  the  purposes  of  this  act  all  unincorporated  territory  in  a 
proposed  district  and  in  one  and  the  same  county  shall  be  regarded  as 
an  entirety  and  as  a  unit,  and  each  incorporated  city  or  town  in  a  dis- 
trict shall  likewise  be  regarded  as  a  unit.  If  an  incorporated  city  or 
town  is  included,  the  common  council,  board  of  trustees  or  other  gov- 
erning body  thereof  shall,  by  resolution  duly  authenticated,  request  the 
inclusion  of  the  city  or  town  in  the  proposed  district.  The  petition  shall 
set  forth  and  describe  the  proposed  boundaries  of  the  district  and  shall 
pray  that  the  same  be  created  under  the  provisions  of  this  act.  Prior 
to  the  time  at  which  the  petition  is  to  be  presented,  the  text  thereof 
shall  be  posted  for  thirty  successive  days  in  three  public  places  in  each 
incorporated  city  or  town  and  unincorporated  district;  and  a  reference 
to.  said  text  shall  be  published  along  with  the  notice  herein  mentioned 
in  this  paragraph  and  the  following  paragraph  for  four  successive  publi- 
cations in  a  daily,  semi-weekly  or  weekly  newspaper  of  general  cireula- 
lation  printed  and  published  in  each  incorporated  city  or  town  included 
therein,  and  if  there  is  no  such  newspaper  published  in  the  city  or  town, 
then  the  text  of  the  petition  shall  be  posted  for  the  same  length  of  time 
in  three  public  places  as  herein  specified.  The  text  of  the  petition  so 
posted  and  published  by  reference  as  herein  mentioned  shall  have  an- 
nexed thereto  a  notice  stating  the  time  and  place  of  the  meeting  of  the 
board  of  supervisors  at  which  the  same  will  be  "presented.  When  the 
petition  is  composed  of  more  than  one  instrument,  one  copy  only  thereof 
need  be  published  or  posted  as  herein  specified  in  the  posting  and  pub- 
lication of  the  text  and  notice.  No  more  than  five  of  the  names  attached 
to  the  petition  need  appear  in  such  publication  or  posting,  but  the  num- 
ber of  signers  must  be  stated.  At  least  one  month  prior  to  the  tiiue  at 
which  the  petition  is  to  be  presented,  a  copy  of  the  text,  notice  and  peti- 
tion must  be  filed  with  the  state  board  of  health  and  board  of  super- 
visors of  the  county  or  counties. 

With  such  publication  there  shall  also  be  jjublished,  and  if  posted, 
there  shall  also  be  posted,  a  notice  of  the  time  of  the  meeting  of  the 
board  when  such  petition  will  be  presented  and  that  all  persons  inter- 
ested therein  may  then  appear  and  be  heard.  At  such  time  the  board  of 
sui)ervisor8  shall  hear  the  petition  and  those  appearing  thereon,  and  also 
all  protests  and  objections  to  the  same,  and  may  adjourn  such  hearing 
from  time  to  time,  not  exceeding  two  months  in  all.  No  defect  in  the 
contents  of  the  petition  or  in  the  title  to  or  form  of  the  notice  or  signa- 
tures, or  lack  of  signulures  thereto,  shall  vitiate  any  proceedings  thereon, 
provided  such  ijetition  or  ])eti(ions  have  a  sufficient  number  of  qualified 
signatures  attached  thereto.  On  the  final  hearing  the  board  shall  make 
such  changes  in  the  proposed  boundaries  as  may  be  deemed  advisable 
and  shall  define  and  establish  such  boundaries;  provided,  that  if  the  board 


1159  PUBLIC  HEALTH.  Act  2840e,  §§  3, 4 

deems  it  proper  to  include  therein  any  territory  not  included  within  the 
proposed  boundaries,  they  shall  first  give  notice  of  their  intention  so  to 
do,  in  the  same  manner  as  required  lor  notice  of  the  initial  hearing. 

§  3,  Testimony.  Order  establishing  district.  Certificate  of  incorpora- 
tion. Upon  tlie  hearing  of  the  petition  tlie  board  of  supervisors  shall 
determine  whether  it  complies  witli  the  provisions  of  this  act  and  whether 
the  public  necessity  or  the  welfare  of  the  inhabitants  of  the  proposed 
territory  requires  the  formation  of  the  district,  and  for  that  purpose 
must  hear  all  competent  and  relevant  testimony  offered  in  support  of 
or  in  opposition  thereto.  The  findings  of  the  board  shall  be  final  and 
conclusive  against  all  persons  except  the  state  of  California  upon  suit 
commenced  by  the  attorney  general.  If  it  appears  to  the  board  that  the 
petition  complies  with  .the  provisions  of  this  act  and  that  the  public 
necessity  or  the  welfare  of  the  inhabitants  requires  the  formation  of  the 
district,  it  shall  by  an  order  entered  on  its  minutes  so  declare  its  find- 
ings, and  shall  further  declare  and  order  that  the  teri'itory  within  the 
boundaries  so  fixed  and  determined  be  establfshed  as  a  local  health  dis- 
trict, under  an  appropriate  name  selected  by  the  board,  which  name  shall 
include  the  words  "local  health  district."  The  county  clerk  shall  imme- 
diately file  a  certified  copy  of  the  order  with  the  secretary  of  state  and 
with  the  county  clerk  of  each  county  in  which  the  district  or  any  por- 
tion thereof  is  situated.  Within  ten  days  of  such  filing  the  secretary  of 
state  shall  issue  and  deliver  to  the  county  clerk  a  certificate  reciting 
that  the  local  health  district  (naming  it)  has  been  duly  incorporated 
under  the  laws  of  the  state  of  California.  The  county  clerk  shall  de- 
liver this  certificate  to  the  board  of  trustees  of  the  district  at  the  first 
meeting  of  the  board.  From  and  after  the  date  of  the  certificate  of  the 
secretary  of  state,  the  district  named  therein  shall  be  deemed  incorpo- 
rated as  a  local  health  district  with  all  the  rights,  privileges  and  powers 
set  forth  in  this  act  and  necessarily,  incident  thereto. 

§  4.  Board  of  trustees.  Number.  Vacancy.  Term.  Within  thirty 
days  of  the  issuance  by  the  secretary  of  state  of  the  certificate  of  incor- 
poration of  the  district,  a  board  of  trustees  for  the  district  shall  be 
appointed.  The  board  shall  consist  of  one  trustee  to  be  appointed  from 
each  unit  in  the  case  of  unincorporated  territory  by  the  board  of  super- 
visors, and  in  the  case  of  an  incorporated  city  or  town,  by  the  local  gov- 
erning body  thereof;  provided,  that  if  the  board  of  trustees  hereby 
created  consists  of  less  than  five  members,  then  the  board  of  supervisors 
shall  appoint  from  the  district  at  large  enough  additional  members  to 
make  a  board  of  five  trustees,  if  the  unit  of  the  district  at  large  is  within 
one  county;  and  if  there  are  several  units  of  the  district  at  large  in 
more  than  one  county,  then  by  the  board  of  supervisors  of  the  county 
where  such  unit  is  situated;  and  by  the  boards  of  supervisors  jointly  if 
the  district  at  large  constitutes  units  in  several  counties  and  one  addi- 
tional member  is  to  be  appointed.  A  vacancy  shall  be  filled  by  the 
appointing  power  for  the  unexpired  term.  The  governing  board  of  the 
district  shall  be  called  "the  board  of  trustees  of  local  health  dis- 
trict" (inserting  the  name  of  the  particular  district).  The  trustees  shall 
hold  office  for  the  term  of  two  years  from  and  after  the  second  day  of 
the  calendar  year  next  succeeding  their  appointment;  provided,  however, 


Act_2840e,  §§  5,  6  general  laws.  1160 

that  the  first  board  of  trustees  appointed  in  a  district  shall  at  their  first 
meeting  so  classify  themselves  by  lot  that  one-half  of  their  number,  if 
the  total  membership  is  an  even  number,  and  if  uneven,  then  that  a 
bare  majority  of  their  number,  shall  go  out  of  office  at  the  expiration  of 
one  year,  and  the  remainder  at  the  expiration  of  two  years  from  the 
second  day  of  the  calendar  year  next  succeeding  their  appointment. 

§  5.  Officers.  Expenses.  Meetings.  The  members  of  the  board  of 
trustees  shall  meet  on  the  first  Monday  subsequent  to  thirty  days  after 
the  issuance  of  the  certificate  of  incorj'oration  by  the  secretary  of  state, 
and  shall  organize  by  the  election  of  one  of  their  members  as  president 
and  one  as  secretary.  The  members  of  the  board  shall  serve  without 
compensation  except  that  each  shall  be  allowed  his  actual  necessary 
traveling  and  incidental  expenses  incurred  in  attending  meetings  of  the 
board.  Ihe  board  shall  provide  for  the  time  and  place  of  holding  its 
regular  meetings  and  the  manner  of  calling  the  same,  and  shall  establish 
rules  for  its  proceedings  and  may  adopt  such  rules  and  regulations  not 
inconsistent  with  law  as  may  be  necessary  for  the  exercise  of  the  powers 
conferred  and  the  performance  of  the  duties  imposed  upon  the  board. 
Special  meetings  may  be  called  by  three  trustees  and  notice  of  the  hold- 
ing thereof  shall  be  mailed  to  each  member  at  least  forty-eight  hours 
before  the  meeting.  All  of  its  sessions,  whether  regular  or  special,  shall 
be  open  to  the  public,  and  a  majority  of  the  members  of  the  board  shall 
constitute  a  quorum  for  the  transaciion  of  business. 

§6.  Powers.  Each  local  health  district  shall  have  and  exercise  the 
following  powers: 

(1)  To  have  and  use  a  corporate  seal  and  alter  it  at  pleasure; 

(2)  To  sue  and  be  sued  in  all  courts  and  places  and  in  all  actions  and 
I^roceedings  whatever; 

(3)  To  purchase,  receive,  have,  take,  hold,  lease,  use  and  enjoy  prop- 
erty of  every  kind  and  description,  both  within  and  without  the  limits 
of  the  district,  and  to  control,  dispose  of,  convey  and  encumber  the  same 
and  create  a  leasehold  interest  in  same  for  the  benefit  of  the  district; 

(4)  To  acquire,  construct,  maintain  and  operate  all  works  and  equip- 
ment necessary  for  the  inspection  of  water,  milk,  meat  and  other  foods, 
the  extermination  of  rodents  and  the  disposal  of  garbage  and  waste; 

(5)  To  employ  public  health  nurses  and  health  visitors  and  to  co-oper- 
ate with  educational  authorities  in  liealfh  inspection  in  iniblic  or  private 
schools  in  the  district; 

(6)  To  exercise  the  right  of  eminent  domain  for  the  purpose  of  acquir- 
ing real  or  personal  property  of  every  kind  necessary  to  the  exercise  of 
any  of  the  powers, of  the  district; 

(7)  To  enforce  all  statutes  relating  to  tiie  luihlic  health  and  vital  sta- 
tistics, and  all  orders,  (|iia  I'M  n(  i  nc  reyiilat  ions  aiiil  iiilcs  |iri's('rili('d  by  the 
state  board  of  licalt  li ; 

(S)  To  cnfoicc  siH-h  liic;il  orders  ami  ordinani-es  pertaining  to  health 
and  sanitary  inalt(rs  williin  1  lie  district  as  may  be  aiitlK)rized  by  the 
Jipprojiriale   loc.-il   ant  lioril  ies; 

(9)  To  iiiiile  willi  any  other  local  lieallli  distriet  or  districts  in  the 
ex(!rcis('  of  anv   ol'  the   powers   herein   granted    to  and    vested    in    eacdi   dis- 


1161  PUBLIC    HEALTH.  Act  2<S4()(',  § ^  7-f) 

trk't,  the  cost  thereof  to  bo  paid  by  each  district  in  Kiudi   proijortion   as 
may-he  agreed  iipou  by  the  respective  district  boards  of  trustees; 

(10)  To  exercise  all  other  needful  powers  for  the  preservation  of  the 
health  of  the  inhabitants  of  the  district,  whetlier  such  powers  are  herein 
expressly  enumerated  or  not; 

(11)  This  grant  of  power  is  to  be  liberally  construed  for  t):e  pnrj)ose 
of  securing  the  well-being  of  the  inhabitants  of  the  district. 

§  7.  District  health  officer.  Expenses.  Powers.  Appointment  of  dis- 
trict officers,  etc.  The  board  shall  appoint  and  iix  the  compensation  of 
a  district  health  officer,  who  may  be  removed  by  the  board  only  by  a 
two-thirds  vote  of  the  members  thereof.  He  shall  be  the  holder  of  a  de- 
gree in  medicine,  sani,tary  engineering  or  public  health  and  shall  have 
had  at  least  one  year's  expeiience  in  jjublic  health  work.  He  shall  de- 
vote his  entire  time  to  the  duties  of  his  ofifice  and  is  expressly  prohibited 
from  engaging  in  any  other  occupation  or  business.  The  board  shall  pro- 
vide suitable  supplies,  equipment  and  ofifice  facilities  for  the  health  ofificer 
and,  upon  the  recommendation  of  the  health  officer,  shall  fix  the  com- 
pensation and  define  the  powers  and  duties  of  such  deputies  and  assist- 
ants to  the  health  officer  as  the  board  may  deem  necessary  to  carry  out 
the  provisions  of  this  act.  If  a  meat  inspector  is  employed,  he  shall  be 
a  graduate  veterinarian  legally  tpialificd  to  practice  veterinary  medicine 
in  the  state  of  California. 

The  health  officer,  his  deputies  and  assistants,  shall  receive  their  actual 
necessary  expenses  incurred  in  the  performance  of  their  duties.  In  en- 
forcing state  statutes,  orders,  regulations  and  rules  and  local  orders,  and 
ordinances  the  health  officer  shall  have  such  powers  as  are  or  may  be 
hereafter  conferred  by  general  law  upon  county  or  municipal  health  offi- 
cers. All  district  officers,  deputies  and  assistants  other  than  the  health 
officer  and  the  members  of  the  board  of  trustees  shall  be  appointed  and 
may  be  removed  by  the  board  of  trustees  on  the  recommendation  of  the 
liealth  officer,  subject  to  such  rules  and  regulations  as  the  board  of  trus- 
tees, in  its  discretion  may  adopt  for  the  appointment  and  employment  of 
deputies  and  assistants,  baseil  on  merit,  efficiency,  cliaraeter  and  industry. 

§  8.  Health  officer  administrative  head.  The  health  officer  shall  be 
recognized  as  the  administrative  head  of  the  district  and,  except  as 
herein  otherwise  prescribed,  shall  exercise  the  powers  granted  to  and 
vested  in  the  district;  provided,  that  he  may  not  purchase  property  or 
incur  expenditures  witliout  the  approval  or  ratification  of  the  board  of 
trustees. 

§9.  Estimate  of  amount  needed.  Levy  of  tax.  Apportioned  among 
counties.  Annually,  at  least  fifteen  days  before  the  first  day  of  the 
month  in  which  county  taxes  are  levied,  the  board  of  trustees  of  each 
local  health  district  shall  furnish  to  the  board  of  supervisors  of  the 
county  in  which  the  district  or  any  part  thereof  is  situated  an  estimate 
in  writing  of  the  amount  of  money  necessary  for  all  purposes  required 
under  the  provisions  of  this  act  during  the  next  ensuing  fiscal  year. 
Thereupon  it  shall  be  the  duty  of  the  board  of  supervisors  to  levy  a 
special  tax  upon  all  taxable  property  of  the  county  lying  within  the  dis- 
trict sufficient  in  amount  to  maintain  the  district.     The  tax  shall  in  no 


Act  2840c,  §  10  GENERAL   LAWS.  1162 

case  exceed  the  rate  of  fifteen  cents  on  each  one  hundred  dollars  of  the 
assessed  valuation  of  all  taxable  jaroperty  within  the  district,  but  it  may 
be  in  addition  to  all  other  taxes  allowed  by  law  to  be  levied  upon  such 
property.  Ihe  tax  shall  be  computed,  entered  upon  the  tax  rolls  and  col- 
lected in  the  same  manner  as  county  taxes  are  computed,  entered  and 
collected.  All  moneys  so  collected  shall  be  paid  into  the  county  treasury 
to  the  credit  of  the  particular  local  health  district  fund  and  shall  be  paid 
out  on  the  order  of  the  district  board,  signed  by  the  president  and  secre- 
tary thereof.  If  the  district  embraces  territory  lying  in  more  than  one 
county,  the  amount  estimated  shall  be  ratably  apportioned  among  the 
several  counties  in  the  district  in  proportion  to  the  assessed  value  of  the 
property  in  the  several  counties  included  within  said  district  as  shown 
upon  the  last  assessment-rolls  of  the  said  counties,  and  the  estimate 
apportioned  to  the  several  counties  shall  be  rendered  to  their  respective 
boards  of  supervisors  and  the  tax  shall  be  levied  and  collected  by  the 
officials  of  each  county  upon  the  property  of  the  district  lying  therein. 

§  10.     Annexation   of  territory.     Petitions.     Proposition  submitted  to 
electors.     If     majority   favor.     Annexation    of    municipal     corporation. 

Any  territory,  incorporated  or  unincorporated,  lying  adjacent  and  con- 
tiguous to  a  local  health  district,  may  be  added  and  annexed  to  such 
district  at  any  time  upon  proceedings  being  had  and  taken  as  in  this 
act  prescribed;  provided,  that  in  such  annexation  the  territory  of  no 
municipal  corporation  may  be  divided.  The  board  of  trustees  of  such 
district,  upon  receiving  a  written  petition  therefor  containing  a  descrip- 
tion of  the  new  territory  sought  to  be  annexed  to  such  district,  signed 
by  the  owners  comprising  more  than  one-half  of  the  assessed  value  of 
such  territory  as  shown  by  the  last  county  assessment-roll,  must  there- 
upon submit  to  the  electors  of  the  district  and  also  to  the  electors  resid- 
ing in  the  territory  sought  to  be  annexed,  the  proposition  of  whether 
such  J  roposed  territory  shall  be  annexed  and  added  to  such  district.  The 
proposition  to  be  submitted  to  the  electors  at  such  election,  both  within 
said  district  and  within  said  territory  so  proposed  to  be  annexed,  shall 
be  as  follows:  "For  annexation,"  or  "Against  annexation,"  or  words 
equivalent  thereto.  Such  election  must  be  called  and  held,  and  notice 
thereof  shall  be  published  for  at  least  four  weeks  prior  to  such  election 
in  a  newspaper  printed  and  published  in  such  district,  and  also  in  a 
newspajjcr  printed  and  published  in  such  territory  so  proposed  to  be 
annexed.  Tlie  board  of  trustees  shall  canvass,  separately,  the  votes  cast 
within  said  district,  and  the  votes  cast  within  said  territory  so  proposed 
to  be  annexed,  and  if  it  shall  appear  from  such  canvass  that  a  majority 
of  all  the  ballots  cast  in  such  district  and  a  majority  of  all  the  ballots 
cast  in  such  territory  so  proposed  to  be  annexed  are  in  favor  of  annexa- 
tion, the  board  of  trustees  shall  certify  such  fact  to  the  secretary  of 
state  describing  said  jiroperty  proposed  to  be  annexed  and  upon  receipt 
of  such  last-mentioned  certificate,  the  secretary  of  state  shall  thereupon 
issue    his    certificate   reciting    that   the    territory    (describing   the    same) 

has  been  annexed  and   added   to  the  local  health  district   (naming 

it),  and  a  copy  of  such  certificate  of  the  secretary  of  state  shall  be 
transmitted  to  and  filed  with  the  county  clerk  of  each  county  in  which 
such  local  health  district  or  any  portion  thereof  is  situated.     From  and 


1163  PUBLIC  HEALTH.  Act  2840c,  §§  11,  12 

after  the  date  of  such  certificate  the  tenltoiy  named  therein  shall  be 
deemed  added  and  annexed  to  and  shall  form  a  part  of  said  local  health 
district,  with  all  the  rights,  privileges  and  powers  set  forth  in  this  act 
and  necessarily  incident  thereto.  If  the  property  so  proposed  to  be 
annexed  includes  a  municipal  corporation,  consent  to  annexation  shall 
first  be  obtained  from  the  governing  board  thereof,  and  an  authentic 
copy  of  the  resolution  or  order  of  such  board  so  consenting  to  such  annex- 
ation shall  be  attaclied  to  the  petition  and  be  made  a  part  thereof. 

§  11.  Dissolution  of  district.  A  district  may  at  any  time  be  dissolved 
upon  tlie  vote  of  two-thirds  of  the  qualified  electors  thereof,  upon  an 
election  called  by  its  board  of  trustees  upon  the  question  of  dissolution 
and  the  proposition  which  shall  be  submitted  to  the  electors  at  such  elec- 
tion shall  be  as  follows:  "Shall  the  district  be  dissolved?"  Such  election 
must  be  called  and  held,  and  notice  thereof  shall  be  published  for  at 
least  four  weeks  prior  to  such  election  in  a  newspaper  printed  and  jjub- 
lished  in  the  district.  If  two-thirds  of  the  votes  at  such  election  shall 
be  in  favor  of  the  dissolution  of  the  district,  the  board  of  trustees  shall 
certify  such  fact  to  the  secretary  of  state,  and  upon  receipt  of  such  last 
mentioned  certificate,  the  secretary  of  state  shall  thereupon  issue  his 
certificate  reciting  that  the  local  health  district  (naming  it)  has  been 
dissolved,  and  a  copy  of  such  certificate  of  the  secretary  of  state  shall 
be  transmitted  to  and  filed  with  the  county  clerk  of  each  county  in 
which  the  district  or  any  portion  thereof  is  situated.  From  and  after 
the  date  of  such  certificate  the  district  named  therein  shall  be-  deemed 
disincorporated  and  the  property  of  the  district  shall  be  ratably  appor- 
tioned among  the  several  municipalities  included  in  the  district  and 
the  county  or  counties  in  which  the  district  or  any  portion  thereof  is 
situated,  in  proportion  to  the  assessed  value  of  the  property  included 
within  said  district  as  shown  upon  the  last  county  assessment  roll  or 
rolls. 

§  12.  Conditions.  Whenever  it  appears  that  the  territory  of  the  pro- 
posed district  is  in  more  than  one  county,  it  is  to  be  expressly  under- 
stood in  this  act  that  the  phrase  "board  of  supervisors"  shall  include 
plural  as  well  as  singular  and  that  the  same  procedure  and  law  as  herein 
set  forth  for  the  establishing  of  such  local  health  district  in  a  county 
only  shall  likewise  apply  to  the  adjoining  county  or  counties  whose  ter- 
ritory or  portion  thereof  is  included  in  the  proposed  local  health  district, 
and  that  no  district  involving  more  than  one  county  shall  be  formed 
wuthout  the  concurrent  consent  of  the  respective  board  of  supervisors  of 
each  of  said  counties,  as  well  as  the  consent  of  the  municipalities  in- 
cluded therein,  and  that  such  district  shall  be  officially  incorporated 
under  the  laws  of  the  state  of  California  when  the  respective  counties 
have  fully  complied  with  the  laws  herein  specified,  and  when  the  secre- 
tary of  state  has  received  the  respective  certified  copies  of  the  orders  of 
the  counties  and  delivered  to  the  respective  county  clerks  within  the 
time  in  this  act  specified  his  certificate  reciting  that  the  local  health 
district  has  been  duly  incorporated  under  the  laws  of  the  state  of  Cali- 
fornia. 


Act  28Me,  §§  1-5  general  laws.  1164 

§  13.  Constitutionality.  If  any  section,  subsection,  sentence,  clause 
or  phrase  of  this  act  is  for  any  reason  held  to  be  unconstitutional,  such 
decision  shall  not  affect  the  validity  of  the  remaining  portions  of  this 
act.  The  legislature  hereby  declares  that  it  would  have  passed  this 
act,  and  each  section,  subsection,  sentence,  clause  and  phrase  thereof, 
irrespective  of  the  fact  that  any  one  or  more  other  sections,  subsections, 
sentences,  clauses  or  phrases  be  declared  unconstitutional. 

ACT  2844e. 

An  act  to  prevent  the  providing  for  common  use  of  receptacles  for  drink- 
ing purposes  in  public  j)laces,  and  prescribing  penalties  for  violations 
thereof. 

[Approved  June  1,  1917.     Stats.  1917,  p.  1517.     In  effect  July  31,  1917.] 

§  1.  Drinking  cups  for  common  use  unlawful.  It  shall  be  unlawful 
for  any  person,  firm  or  corporation  conducting,  having  charge  of,  or  con- 
trol of,  anj'  hotel,  restaurant,  saloon,  soda  fountain,  store,  theater,  public 
hall,  public  or  private  school,  church,  hospital,  club,  office  building,  park, 
playground,  lavatory  or  wash-room,  barber-shop,  railroad  train,  boat,  or 
any  other  public  place,  building,  room  or  conveyance,  to  provide  or 
expose  for  common  use,  or  permit  to  be  so  provided  or  exposed,  or  to 
allow  to  be  used  in  common,  any  cup,  glass,  or  other  receptacle  used 
for  drinking  purposes. 

§  2.  "Common  use"  defined.  For  the  purposes  of  this  act  the  term 
"common  use"  when  applied  to  a  drinking  receptacle  shall  be  defined 
as  its  use  for  drinking  purposes  by,  or  for,  more  than  one  person  with- 
out its  being  thoroughly'  cleansed  and  sterilized  in  boiling  water  or  steam 
between  consecutive  uses  thereof;  provided,  that  nothing  in  this  act  is 
to  be  construed  as  prohibiting  the  use  of  cups  or  devices  for  individual 
use  only;  provided,  further,  that  the  state  board  of  health  may  by  reso- 
lution prescribe  other  acceptable  methods  of  sterilization  which  may  be 
used  in  place  of  the  methods  specified  in  this  act. 

§  3.     Protection   of   water-cooler   used  for   supplying  drinking  water. 

No  cask,  wafer-cooler  or  otlier  receptacle  shall  be  used  for  storing  or 
supplying  drinking  water  to  the  public  or  to  employees  unless  it  is 
covered  and  protected  so  as  to  prevent  persons  from  dipping  the  water 
therefrom  or  contaminating  the  same.  All  such  containers  shall  be  pro- 
vided with  a  faucet  or  other  suitable  device  for  drawing  the  water;  pro- 
vided, that  jugs,  cans,  buckets  and  similar  receptacles  without  faucets 
or  other  devices  for  withdrawing  water  may  be  used  if  the  water  is 
protected   against   contamination   and   is   withdrawn   by   pouring  only. 

§4.  Duty  of  health  officers.  It  shall  be  the  duty  of  the  state  board 
of  health  and  of  all  health  ollicers  of  counties,  municipalities  and  health 
districts  to  enforce  the  provisions  of  this  act. 

§5.  Penalty  for  violation.  Any  person,  firm  or  corporation  violating 
any  jirovision  of  tliis  act  is  guilty  of  a  misdemeanor  and  shall  be  liable 
to  a  dill'  not  exceed  in;,'  t  weiity  fix-c  dollars  tor  eai'h  ofTense, 


11G5  PUBLIC  LANDS.        Acts  2844f,  2845a,  §  1 

ACT  2844f. 

Au  act  to  prevent  the  keeping  of  towels  for  common  use  in  public  places 
and  prescribing  penalties  for  violations  of  the  provisions  thereof. 

[Approved  June  1,  1917.     Stats.  1917,  p.  1518.    .In  effect  July  31,  1917.] 

§  1.  Towel  for  common  use  unlawful.  No  person,  firm  or  corporation 
conducting,  operating,  having  charge  of,  or  control  of,  any  hotel,  res- 
taurant, faetoi^',  store,  barber-shop,  office  building,  school,  public  hall, 
railroad  train,  railway  station,  boat,  or  any  other  public  place,  room  or 
conveyance,  shall  maintain  or  keep  in  or  about  any  such  place  any  towel 
for  common  use. 

§  2.  "Common  use''  defined.  For  the  purpose  of  this  act  the  term 
"common  use"  when  applied  to  a  towel  shall  be  defined  as  its  use  by, 
or  for,  more  than  one  person  without  its  being  laundered  by  a  process 
involving  exposure  to  boiling  water  or  steam  between  consecutive  uses 
of  such  towel;  -provided,  that  the  state  board  of  health  may  by  resolution 
prescribe  other  acceptable  methods  of  sterilization  which  may  be  used 
in  jilaee  of  the  methods  specified  in  this  act. 

§  3.  Duty  of  health  officers.  It  shall  be  the  duty  of  the  state  board 
of  health  and  of  all  health  officers  of  counties,  municipalities  and  health 
districts,  to  enforce  the  provisions  of  this  act. 

§  i.  Penalty  for  violation.  Any  person,  firm  or  corporation  violating 
any  of  the  provisions  of  this  act  is  guilty  of  a  misdemeanor  and  shall 
be  liable  to  a  fine  not  exceeding  twenty-five  dollars  for  each  offense. 

TITLE  137. 
PUBLIC  LANDS. 
ACT  2845a. 

An  act  to  provide  for  the  reselection  by  the  state  of  lands  heretofore 
selected  and  sold  by  the  state  where  the  selection  has  been  rejected 
or  canceled  because  of  the  subsequent  exclusion  of  the  base  lands 
from  a  national  forest;  and  prescribing  certain  maximum  fees  to  be 
charged  by  agents  or  attorneys  for  services  performed  hereunder, 
and  prescribing  penalties  for  the  violation  hereof. 

[Approved  May  26,  1917.     Stats.  1917,  p.  121S.     In  effect  .July  27,  1917.] 

§  1.  Reselection  of  land  when  selection  rejected.  Where  the  state 
has  made  a  selection  of  other  land  in  lieu  of  a  sixteenth  or  thirty-sixth 
section  within  a  national  forest  and  such  selection  has  been  or  may  be 
lejected  or  held  for  rejection  by  the  general  land  office  for  the  stated 
reason  that  since  the  date  of  such  selection  the  base  land  has  been  ex- 
cluded from  such  national  forest,  it  shall  be  the  duty  of  the  surveyor- 
general,  where  the  state  has  sold  the  selected  laud  and  upon  application 
therefor  by  the  holder  of  the  certificate  of  purchase,  to  reselect  the  land 
on  bases  of  the  character  of  the  bases  used  at  the  date  the  original 
selection  was  made,  whenever  such  bases  are  available;  provided,  that 
the  party  applying  for  such  reselection  shall  pay  all  of  the  fees  and 
expenses  required  under  the  rules  of  the  United  States  land  office. 


Acts  2867b,  2874a,  §§  1-3   general  laws.  1166 

§  2.  Penalty  for  charging  fee  over  twenty-five  dollars.  No  person 
who,  as  attorney  or  agent  for  the  owner  of  the  certificate  of  purchase 
embracing  the  selected  land,  applies  to  the  state  surveyor-general  to 
amend  such  state  selection  or  to  reselect  the  land  embraced  therein,  shall 
charge,  demand,  or  receive  for  such  service  any  fee  or  other  compensa- 
tion in  excess  of  the  sum  of  twenty-five  dollars.  Any  violation  of  the 
provisions  of  this  section  shall  be  a  misdemeanor  and  shall  be  punished 
by  a  fine  not  to  exceed  one  hundred  dollars,  or  by  imprisonment  in  the 
county  jail  not  to  exceed  thirty  days  or  by  both  such  fine  and  imi^rison- 
ment;  provided,  however,  that  nothing  herein  contained  shall  be  held, 
deemed,  or  construed,  to  apply  to  any  person  who  also  acts  as  agent  or 
attorney  for  such  owner  before  the  general  land  oQice  of  the  United 
States  at  Washington,  D.  C,  or  before  the  secretary  of  the  interior,  in 
case  it  becomes  necessary  to  take  any  action  to  protect  such  selection 
against  adverse  proceedings. 

ACT  2867b. 

An  act  authorizing  the  issuance  of  letters  patent  to  the  heirs  at  law  of 
P.  W,.   Fahey,   deceased,  for   certain  swamp  and   overflowed  land   in 
Tuolumne  county,  California.      [Approved  May  21,  1917.     Stats.  1917, 
p.   771.     In   effect  July  27,   1917.] 
Tlie  nature  of  the  act  sufficiently  appears  from  the  title. 

ACT  2874a. 

An  act  providing  for  the  leasing  of  certain  state  lands  and  making  an 
appropriation   for   the   purposes   of   this    act. 

[Approved  May  17,  1917.     Stats.  1917,  p.  576.     In  effect  July  27,  1917.] 

§  1.  Application  to  lease  land.  Fee.  Any  person,  firm  or  corpora- 
tion desiring  to  lease  any  of  the  unsold  portions  of  the  sixteenth  and 
thirty-sixth  sections  of  school  lands  and  the  unsold  portion  of  the  listed 
lands  selected  from  the  public  lands  of  the  United  States  in  lieu  of  the 
sixteenth  and  thirty-sixth  sections  and  losses  to  the  school  grant  must 
make  application  therefor  to  the  surveyor-general  of  the  state,  describ- 
ing the  lands  sought  to  be  leased  by  legal  subdivisions.  The  application 
must  be  accompanied  by  the  filing  fee  of  five  dollars.  All  applications 
to  lease  lands  under  this  act  shall  be  approved  or  rejected  by  the  sur- 
veyor-goueral  within  ninety  days  after  the  receipt  thereof. 

§2.  Annual  rental.  Upon  receipt  of  an  application  to  lease  any  of 
the  lands  under  this  act  the  surveyor-general  shall  appraise  such  lands 
and  fix  the  annual  rental  per  acre  therefor;  such  charge  to  be  approved 
by  the  state  board  of  control. 

§3,  Lease  executed.  Whenever  any  lease  is  delivered  to  the  appli- 
cant by  the  surveyor-general  the  lessee  shall  within  fifteen  days  there- 
after, execute  and  return  such  lease  to  the  state  surveyor-general  and 
make  jiayment  of  the  first  annual  rental.  The  surveyor-general  shall 
receive  the  money  and  give  a  receipt  therefor.  All  subsequent  annual 
payments  of  rental  must  be  paid  to  the  state  surveyor-general  in  like 


1167  PUBLIC  LANDS.  Act  2874a,  §S  4-6 

manner  fifteen  days  after  they  become  due.  In  case  payments  are  not 
made  as  herein  provided,  the  lease  and  all  rights  thereunder  shall  cease 
and  terminate. 

§  4.  Term  of  lease.  No  lease  shall  be  for  a  period  longer  than  ten 
3-ears,  and  such  lease  shall  terminate  upon  the  sale  of  said  lands,  or  any 
portion  thereof,  by  the  state  and  the  lessee  shall  be  notified  by  regis- 
tered mail  by  the  state  surveyor-general  upon  the  sale  of  said  land  at 
public  auction  to  the  highest  bidder  as  provided  in  that  certain  act 
entitled  "An  act  providing  for  the  sale  of  certain  state  lands,"  approved 
May  19,  1915.  The  date  of  the  termination  of  the  lease  shall  be  on  the 
date  the  certificate  of  purchase  is  issued  to  the  purchaser  of  the  land 
from  the  state  of  California  by  the  register  of  the  state  land  office, 
except  when  a  lease  embraces  land  suitable  for  cultivation  and  an  appli- 
cation from  an  actual  settler  to  purchase  said  land  is  received  and  filed 
by  the  surveyor-general,  then  the  lease  shall  terminate  on  the  date  said 
application  is  filed  of  record  in  the  surveyor-general's  office  and  the  lessee 
is  to  be  notified  by  registered  mail  of  the  filing  of  said  application  to 
purchase  said  land,  or  any  portion  thereof,  from  the  state  and  of  the 
.termination  of  the  lease.  Possession  under  any  lease  hereby  authorized 
shall  not  be  held,  deemed  or  construed  to  be  adverse  to  that  of  any 
person  who  becomes  an  actual  settler  upon  any  portion  of  land  in  such 
lease  described,  with  intent  to  purchase  the  same  in  the  manner  provided 
by  law. 

§  5.  Land  designated  as  bases  for  indemnity  selections.  Any  lease 
for  sixteenth  and  thirty-sixth  sections  or  any  portion  thereof  which  may 
now  or  may  hereafter  be  included  within  the  exterior  boundaries  of  a 
national  reservation  -or  of  a  reserve,  or  within  the  exterior  boundaries 
of  lands  withdrawn  from  public  entry,  shall  terminate  whenever  the 
state  of  California  shall  desigxiate  said  lands  as  bases  for  indemnity 
selections  as  provided  by  law.  The  lessee  is  to  be  notified  by  the  sur- 
veyor-general by  registered  mail  whenever  the  state  of  California  desig- 
nates the  land  as  bases  for  indemnity  selection  or  selections. 

§  6.  Surrender  of  lease.  If  a  lease  is  terminated  by  reason  of  the 
filing  of  an  application  to  purchase  land  suitable  for  cultivation,  or  by 
the  sale  of  land  at  public  auction,  or  by  the  designation  of  land  as  bases 
for  indemnity  selection  or  selections,  the  lessee  shall  surrender  the  lease 
to  the  surveyor-general  and  receive  in  exchange  therefor  from  the  sur- 
veyor-general a  certificate  showing  the  proportionate  amount  of  the 
annual  payment  to  be  refunded  to  the  lessee,  for  the  tract  or  tracts  of 
land  that  have  been  disposed  of  by  the  state  of  California,  and  the  state 
controller,  upon  the  surrender  to  him  of  the  said  surveyor-general's  cer- 
tificate, with  the  approval  of  the  board  of  control  indorsed  thereon,  shall 
issue  to  the  lessee  a  warrant  for  the  said  amount  payable  out  of  the 
state  school  land  fund  and  the  state  treasurer  shall  pay  the  same.  If 
all  the  tracts  of  land  described  in  said  surrendered  lease  have  not  been 
disposed  of  by  the  state,  the  lessee  shall  be  entitled,  without  the  payment 
of  any  additional  fee,  to  a  new  lease  for  the  remaining  tracts  of  land 
for  the  balance  of  the  unexpired  term  of  the  surrendered  lease,  at  the 
same  annual  rental  per  acre. 


Act  28751  §§  1^2  GENERAL   LAWS.  Il68 

§  7.     Duty   of  surveyor-general.     The    surveyor-general    is    hereby   au- 
thorized  to  prepare,  make,  execute   and  deliver  all  papers,  instruments, 
.  and  documents  and  to  do  any  and  all   tilings  necessary  to  earr}'  out  the 
provisions  of  this  act. 

§8.  Payment  of  moneys.  All  moneys  received  as  rental  for  such 
lands  above  mentioned  shall  be  paid  into  the  state  school  land  fund. 

§  9.  Appropriation.  There  is  hereby  appropriated  out  of  any  moneys 
in  the  state  treasury  to  the  credit  of  the  state  school  land  fund,  not 
otherwise  appropriated,  the  sum  of  three  thousand  dollars,  or  so  much 
thereof  as  may  be  necessary,  to  be  used  in  refunding  unearned  rentals 
under  the  provisions  of  section  six  of  this  act. 

ACT  2875f, 

An  act  to  provide  for  the  forfeiture  of  certain  lands  to  the  state  in  the 
event  of  the  nonpayment  of  delinquent  interest  upon  any  part  of 
the  unpaid  portion  of  the  purchase  price  thereof,  together  with  pen- 
alties and  costs  as  herein  provided,  as  well  as  for  the  forfeiture  of 
all  moneys  previously  paid  thereon,  whether  for  principal  or  in- 
terest; prescribing  the  duties  of  certain  public  oflicers  with  respect 
thereto;  providing  for  the  giving  of  notice  hereof;  prescribing  cer- 
tain remedies;  and  making  an  appropriation  for  the  purposes  of  this 
act. 

[Approved  May  24,  1917.     Stats.  1917,  p.  926.     In  effect  July '27,  1917.] 

§  1.  Lands  to  be  sold,  unless  interest  and  penalties  paid.  All  lands 
sold  by  this  state  for  which  certificates  of  purchase  were  issued  prior 
to  the  first  day  of  May,  A.  D.  one  thousand  nine  hundred  eleven,  for 
which  full  payment  was  not  made  at  the  time  of  purchase,  and  upon 
which  any  interest  upon  any  part  of  the  unpaid  portion  of  the  purchase 
price  thereof  is  delinquent  at  the  time  this  act  shall  take  effect,  shall 
be  forfeited  to  the  state,  without  the  necessity  of  re-entry  or  judicial 
ascertainment,  and  shall  revert  to  the  particular  class  of  land  to  which 
it  originally  belonged,  to  be  resold  under  the  provisions  of  existing  law, 
or  any  future  law,  unless  all  such  delinquent  interest,  together  with  all 
additional  interest  becoming  due  on  the  first  day  of  January,  A.  D.  one 
thousand  nine  hundred  eighteen,  and  all  penalties  and  costs  herein  spe- 
cificcj,  shall  be  fully  paid,  as  herein  provided,  on  or  before  the  thirtieth 
(i;iv  of  .liiiic,  A.   I),  one  thousand  nine  hundred  eighteen. 

§  2.  List  of  lands  upon  which  payments  delinquent.  On  or  before  the 
first  day  of  October,  A.  1).  one  thousand  nine  hundred  seventeen,  the 
register  of  the  state  land  office  shall  prepare,  or  cause  to  be  prepared, 
statements  showing,  by  counties,  and  by  proper  legal  descriptions,  all 
lands  ill  each  of  the  several  counties  in  this  state  for  which  there  are 
outstanding  and  imt  annulled  as  ])rovided  by  article  six  of  chapter  one 
of  title  eight  of  part  three  of  the  Political  Code  any  certificate  or  certif- 
icates of  i»urchase  which  were  issued  prior  to  the  first  day  of  May,  A.  D. 
one  thousand  nine  hunilred  eleven,  and  ui)on  which  any  interest  upon 
any  jjart  of  the  unpaid  portion  of  the  inircha.se  price  is  delinquent  at 
tlie  time  this  act  shall  take  elCect.     Such  statements  shall  also  show  the 


1169  PUBLIC  LANDS.  Act  2S75f,  §§  3, 4 

riaiue  and  ^'ostolTiee  address  of  the  purchaser  as  the  same  may  appear 
upon  the  records  of  the  register's  office,  and  the  name  and  postoffice 
address  of  the  assignee,  grantee  or  successor  in  interest  of  such  purchaser 
in  all  cases  wherein  notice  of  any  assignment  of  such  certificate  of  pur- 
chase, or  of  any  conveyance  or  other  transfer  of  title  of  any  part  of  the 
lands  therein  described  shall  have  been  filed  in  said  office  prior  to  the 
date  herein  first  mentioned.  Such  statement  shall  also  show  the  num- 
ber and  date  of  the  survey  or  location  and  of  the  certificate  of  purchase, 
the  amount  of  interest  paid,  the  amount  of  interest  unpaid,  and  the 
amount  of  interest  then  due.  No  lands  within  any  reclamation  district 
must  be  embraced  in  any  such  statement  if  the  certificate  of  the  board 
of  supervisors  that  works  of  reclamation  have  been  commenced  in  such 
district  has  been  filed  in  the  register's  office  prior  to  the  taking  effect  of 
this  act. 

§  3.  Demand  for  payment  of  delinquent  interest.  Demand  is  hereby 
made  upon  all  persons  who  are  or  who  may  become  liable  for  the  pay- 
ment of  any  interest  which  is  deliuquejit  up'ou  any  part  of  the  unpaid 
portion  of  the  purchase  price  of  any  of  the  lands  embraced  within  any 
of  such  statements  for  the  payment  of  all  such  delincjuent  interest,  to- 
gether with  the  costs  hereby  imposed,  on  or  before  the  thirty-first  day 
of  December,  A.  D.  one  thousand  nine  hundred  seventeen;  and  in  the 
event  of  the  nonpayment  of  any  portion  of  such  delinquent  interest,  as 
above  provided,  a  penalty  of  twenty  per  cent  of  the  aggregate  amount 
then  delinquent  is  hereby  imposed,  in  each  case,  upon  the  person  or  per- 
sons liable  for  the  payment  thereof.  Except  as  otherwise  provided  in 
sections  four,  five  and  six  of  this  act,  in  the  event  any  portion  of  such 
delinquent  interest,  together  with  such  penalty  and  costs,  and  all  addi- 
tional interest  falling  due  on  the  first  day  of  January,  A.  D.  one  thou- 
sand nine  hundred  eighteen,  be  not  paid  on  or  before  the  thirtieth  day 
of  June,  A.  D.  one  thousand  nine  hundred  eighteen,  all  lands  oii  account 
of  the  purchase  price  of  which  such  delinquency  shall  then  exist  are 
hereby  declared  to  be  forfeited  to  the  state,  together  with  all  moneys 
previously  paid  on  account  of  the  purchase  price  thereof,  whether  for 
principal  or  interest,  and  all  such  certificates  of  purchase  are  hereby 
declared  to  be  ipso  facto  null  and  void  from  and  after  such  date  last 
mentioned. 

§  4.  If  owner  has  died  without  disposing  of  lands.  In  the  event  the 
owner  of  any  such  certificate  of  purchase  shall  have  died,  without  dis- 
posing of  the  lands  therein  described,  and  no  administratioii  of  his  estate 
has  been  had,  the  time  of  payment  limited  by  the  provisions  of  the  pre- 
ceding section  is  hereby  extended  for  a  period  of  six  months;  provided, 
however,  that  appropriate  probate  proceedings  must  be  commenced  in 
each  case  not  later  than  December  thirty-first,  A.  D.  one  thousand  nine 
hundred  seventeen,  and  written  notice  thereof  forwarded  by  registered 
mail  to  the  register  of  the  state  land  office.  In  such  cases  the  twenty 
per  cent  penalty  imposed  by  section  three  hereof  shall  not  attach  until 
July  first,  A.  D.  one  thousand  nine  hundred  eighteen,  and  such  forfeiture 
shall  not  become  operative  until  December  thirty-first  of. said  year. 

74 


Act2875f,  §§  5-7  general  laws.  117G 

§  5.  Lands  conveyed  exempted  from  forfeiture,  when.  Any  person 
having  a  eouveyanCL'  of  the  whole  or  any  portion  of  the  lands  described 
in  any  certificate  of  purchase  included  in  any  such  statement,  but  to 
whom  the  certificate  has  never  been  surrendered,  may  protect  his  lands 
from  forfeiture  by  paying  such  proportion  of  the  interest  delinquent 
upon  all  the  lands  in  such  certificate  described  as  the  acreage  claimed 
by  him  bears  to  the  aggregate  acreage  embraced  in  such  certificate.  He 
shall  first,  however,  file  with  the  register  of  the  state  land  office  satis- 
factory evidence  of  his  possessory  right  to  such  land,  and  obtain  from 
the  latter  a  certificate,  directed  to  the  treasurer  of  the  proper  county, 
permitting  such  payment  and  stating  the  amount  to  be  paid,  which  shall 
in  all  cases  include  the  costs  imposed  by  section  nine  hereof.  Upon 
such  payment  being  made  within  the  time  herein  limited  such  land  shall 
be,  and  hereby  is,  excepted  from  the  forfeiture  prescribed  in  this  act. 
Said  certificate  of  purchase  shall  become  null  and  void  only  as  to  the 
remaining  lands  therein  described,  and  the  register  in  preparing  for 
record  the  notices  of  forfeiture  provided  for  in  section  ten  hereof  shall 
omit  therefrom  all  lands  upon  which  the  delinquent  interest  has  been 
paid  as  in  this  section  permitted.  Should  due  compliance  be  made  with 
all  other  provisions  of  law'  governing  the  issuance  of  patents,  a  patent 
shall  issue  in  the  name  of  the  original  purchaser  of  such  excepted  land, 
but  shall  be  delivered  to  the  person  by  whom  such  payment  was  made, 
and  the  title  thereby  granted  shall  inure  to  the  benefit  of  such  person, 
his  heirs  or  assigns. 

§  6.  Lands  included.  This  act  shall  extend  to  and  include  all  unlisted 
lieu  lands  and  all  unsegregated  swamp  and  overflowed  lands  sold  under 
the  authority  of  any  law  of  this  state;  subject  to  the  proviso  that  instead 
of  the  land  itself  becoming  forfeit  for  nonpayment  of  delinquent  in- 
terest, all  right,  title  and  interest  therein  or  thereto  heretofore  acquired 
or  hereafter  to  be  acquired  prior  to  June  thirtieth,  A.  D.  one  thousand 
nine  hundred  eighteen,  by  the  original  purchaser,  his  heirs  and  assigns, 
shall  become  and  hereby  is  declared  to  be  forfeit  to  the  state  in  the 
event  of  such  nonpayment;  and  subject  to  the  further  proviso  that  all 
purchasers  of  such  unlisted  lieu  lands  or  of  such  unsegregated  swamp 
and  overflowed  lands,  their  heirs  and  assigns,  who  protect  themselves 
against  such  forfeiture  by  making  the  payments  required  by  this  act, 
shall  not  thereby  be  deprived  of  any  existing  right  to  receive  restitution 
of  all  sums  paid  on  account  of  the  purchase  price  of  such  lands,  whether 
for  principal  or  interest,  upon  duly  complying  with  all  provisions  of  law 
governing  such  restitution. 

§  7.  Payment  of  interest  by  December  31,  1917.  Penalties.  Publica- 
tion of  notice.  Ui)on  completing  the  statements  required  by  section  two 
hereof,  the  register  shall  add  thereto  a  demand  that  all  interest  shown 
to  bo  delinquent  therein  shall  be  paid  on  or  before  December  thirty-first, 
A.  D.  one  thousand  nine  hundred  seventeen,  to  the  treasurer  of  the  proper 
county,  together  with  the  sum  of  three  dollars  costs,  and  a  notice  that 
if  the  same  be  not  so  paid  a  penalty  of  twenty  per  cent  will  be  added 
lliereto  as  jirovidod  in  section  three  hereof,  and  a  further  notice  that 
unless  the  whole  sum  delincpicnt,  together  with  such   costs  and  penalty, 


1171  PUBLIC  LANDS.  Act  2875f,  §§  8, 9 

and  all  additional  interest  falling  due  January  first,  A.  D.  one  thousand 
nine  hundred  eighteen,  bo  paid  on  or  before  June  thirtieth,  A.  D.  one 
thousand  nine  hundred  eighteen,  the  lands  in  said  statements  described, 
together  with  all  moneys  previously  paid  on  account  of  the  purchase 
price  thereof,  whether  for  principal  or  interest,  will  be  forfeit  to  the 
state  in  accordance  with  the  jjrovisions  hereof,  and  that  all  such  certifi- 
cates of  purchase  will  become  ipso  facto  null  and  void.  He  shall  there- 
upon cause  each  such  statement^  together  with  such  demand  and  notice, 
to  be  published  once  a  week  for  four  weeks  successively  in  some  news- 
paper published  in  the  ct)unty  wherein  the  lands  described  in  such  state- 
ment are  situate,  or,  if  there  be  no  newspaper  published  in  such  county, 
such  publication  shall  be  made  in  a  newspaper  published  in  an  adjoining 
county. 

§  8.  Copies  sent  to  county  officers  and  persons  interested  in  lands. 
Duty  of  assessor.  In  addition  to  such  publication,  the  register  shall, 
not  later  than  October  fifteenth,  A.  D.  one  thousand  nine  hundred  seven- 
teen, forward  copies  of  such  statements,  demands  and  notice,  by  regis- 
tered mail  to  the  treasurer  and  to  the  auditor  and  to  the  assessor  of 
each  county  wherein  any  of  said  lands  may  be  situate,  and  shall  like- 
wase  forward  by  registered  mail  to  each  person  shown  by  the  records 
of  his  otfice  to  have  any  interest  in  any  of  such  lands,  either  as  pur- 
chaser, or  as  assignee,  grantee,  distributee,  or  other  successor  in  interest 
of  such  purchaser,  a  copy  of  so  much  of  said  statements  as  pertains  to 
the  lands  wherein  such  person  may  appear  to  have  any  interest,  together 
with  such  demand  and  notice,  directed  to  such  person  at  his  last  known 
place  of  residence  or  of  business  as  the  same  appears  upon  the  records 
of  the  register's  office. 

It  shall  be  the  duty  of  each  county  assessor  to  whom  a  copy  of  any 
such  statement  shall  be  sent,  immediately  upon  receipt  thereof,  to  cause 
the  same  to  be  carefuly  compared  with  the  records  of  assessments  in 
his  office  of  all  tracts  of  land  appearing  in  such  list,  and  in  the  event 
it  shall  appear  from  such  comparison  that  any  person  or  persons  whose 
names  are  not  included  in  the  register's  statement  are  shown  bj'  such 
assessment  records  to  have  any  interest  in  any  part  of  the  lands  de- 
scribed in  such  statement,  the  assessor  must  forthwith  return,  by  regis- 
tered mail,  to  the  register  of  the  state  land  office  a  statement  containing 
a  description  of  the  land  aifected  and  the  names  and  addresses,  as  the 
same  appear  upon  his  records,  of  all  persons  appearing  to  have  any  in- 
terest therein  and  not  included  in  the  register's  statement.  In  every 
such  case  the  assessor  must  return  his  statement  to  the  register  within 
ten  days  after  the  receipt  by  him  of  the  register's  statement.  Upon 
receipt  of  any  such  return  the  register  shall  without  delay,  forward  to 
each  person  therein  named,  in  the  same  manner  as  above  provided,  a 
copy  of  so  much  of  said  statement  as  pertains  to  the  lands  wherein  such 
person  is  shown  by  the  assessor's  return  to  have  any  interest,  to  which 
shall  be  appended  such  demand  and  notice. 

§  9.  Costs.  The  sum  of  three  dollars  to  cover  the  costs  of  such 
publication  and  of  such  mailing  is  hereby  imposed  upon  the  owner  or 
owners  of  each  such  certificate  of  purchase,  as  well  as  upon  each  person 


Act  2875f,  §§  10-12  general  laws.       -  1172 

who  may  have  acquired  by  purchase  an  interest  in  all  or  some  portion 
of  the  lands  in  such  certificate  described,  but  to  whom  the  certificate 
has  never  been  surrendered,  and  it  shall  be  the  duty  of  the  treasurer 
of  each  county  wherein  any  part  of  such  land  may  be  situate  to  require 
the  paj'uient  of  such  costs,  in  all  cases,  in  addition  to  the  delinquent 
interest,  and  penalty,  if  any,  and  to  account  for  the  same  in  his  settle- 
ments with  the  state  controller  and  treasurer,  who  are  hereby  authorized 
and  directed  to  pay  all  sums  so  collected  for  costs  into  the  general  fund 
of  the  state  treasury. 

§  10.  Notice  of  forfeiture.  Immediately  following  the  thirtieth  day 
of  June,  A.  D.  one  thousand  nine  hundred  eighteen,  the  register  shall 
note  upon  the  records  of  his  office  the  forfeiture  herein  and  hereby  de- 
clared, and  shall  forward  to  the  recorder  of  each  county  wherein  any  of 
said  lands  may  be  situate  a  notice  of  such  forfeiture,  in  which  there 
shall  be  embodied  the  same  data  required  by  section  two  hereof,  supple- 
mented by  a  statement  of  the  costs,  penalties  and  additional  interest 
accrued  at  the  date  of  forfeiture.  It  shall  be  the  duty  of  the  recorder 
to  receive  and  file  such  notice  and  to  record  the  same  in  a  book  of  deeds. 
Such  notice  from  the  time  it  is  filed  with  the  recorder  for  record  is  con- 
structive notice  of  the  contents  thereof  to  subsequent  purchasers  and 
mortgagees  and  to  all  other  persons  who  may  thereafter  attempt  to 
acquire  any  interest  in,  or  lien  upon,  any  of  the  lands  in  such  notice 
described.  In  the  event  any  additional  forfeiture  shall  occur  on  the  first 
day  of  January,  A.  D.  one  thousand  nine  hundred  nineteen,  as  provided 
in  section  four  hereof,  the  register  and  each  county  recorder  shall  pro- 
ceed with  respect  to  such  lands  as  before,  and  with  like  force  and  effect. 

§  11.  Action  to  annul  forfeiture.  In  the  event  any  land  shall  be  for- 
feited under  the  provisions  hereof  upon  which  all  interest,  costs,  penal- 
ties and  accruing  interest  had  been  actually  paid  prior  to  such  forfeiture, 
though  for  any  reason  not  properly  credited,  the  person  or  persons  hav- 
ing a  beneficial  interest  therein  may,  within  one  year  following  the  date 
of  such  forfeiture,  commence  an  action  in  the  superior  court  of  the 
county  of  Sacramento  against  the  register  of  the  state  land  office  for 
the  purpose  of  having  such  forfeiture  annulled  and  set  aside.  And  if  it 
be  proven  to  the  satisfaction  of  the  court,  at  the  trial  of  such  action, 
that  such  payment  was  in  fact  made  prior  to  the  date  upon  which  such 
forfeiture  occurred,  the  court  shall  render  judgment  annulling  and  set- 
ting aside  such  forfeiture,  and  thereupon  the  plaintiff  or  plaintiffs  in 
such  action  sliall  be  restored  to  his  or  their  former  estate  in  said  land, 
upon  making  jiayment  of  all  interest  accruing  thereon  to  the  date  of 
restoration. 

§  12.  Right  of  state  to  enforce  payment.  'IMiis  act  is  cumulative  and 
shall  not  be  const  rued  to  deny  to  the  state  the  right  to  institute  any 
legal  i)rocoedings  that  may  be  deenicd  Hcccssaiy  to  enforce  the  payment 
(iC  all  Hucli  delinquent  interest,  or  In  jirociire  judgments  foreclosing  the 
iiilcicHt.s  of  any  and  all  persons  in  ;iny  of  such  lands,  innl  anmilling  any 
or  all  of  such  certificates  of  iiurcliase.  Nor  shall  anything  Jierein  con- 
tained  ever  be  decm'-d,  held   or  construed   to  give  to  or  confer  upon   the 


ll'^3  PUBLIC  LANDS.  Acts  2875g-2884 

holder  or  holders  of  any  of  such  cerlifieates  of  purchase,  as  against  the 
state  of  California,  any  other  or  greater  right  to  any  land  therein  de- 
scribed than  is  now  possessed  by  the  holder  or  holders  of  such  certificates. 

§13.  Appropriation.  The  sum  of  four  thousand  dollars,  or  so  much 
tliereof  as  may  be  necessary,  is  hereby  appropriated  out  of  any  money 
in  the  state  treasury  not  otherwise  appropriated,  to  be'  used  in  accord- 
ance with  law  to  defray  the  costs  of  the  publication  and  mailing  herein 
provided  for. 

ACT  2875g. 

An   act   to  determine   and   to   declare   the  effect  of  stale  land    intents   in 

certain  cases. 

[Approved  May  17,  191 7.     Stats.  1917,  p.  570.     In  effect  .July  27,  1917.] 

§  1.  Quitclaim  deed  not  in  effect  if  restitution  not  made.  Whenever 
any  person  has,  in  conformity  to  the  provisions  of  existing  law,  con- 
veyed any  land  to  the  state  of  California  by  quitclaim  deed,  duly  exe- 
cuted, delivered,  and  accepted  by  the  register  of  the  state  land  office, 
for  the  purpose  of  receiving  restitution  of  the  purchase  price  thereof, 
as  provided  by  law,  and  such  restitution  has  not  been  made,  and  a  patent 
for  such  land  shall  thereafter  issue  in  the  name  of  the  original  purchaser, 
the  title  granted  by  such  patent  shall  vest  in,  and  inure  to  the  benefit 
of,  such  original  purchaser,  his  heirs,  assigns,  and  successors  in  interest, 
notwithstanding  the  execution,  delivery  and  acceptance  of  such  quitclaim 
deed,  as  fully  and  completely  as  if  such  quitclaim  deed  had  never  been 
made,  executed,  delivered,  or  accepted. 

§  2.  Certificate  of  register  of  state  land  office.  Upon  the  issuance  of 
such  patent,  the  register  of  the  state  land  office  shall  make  and  issue  to 
the  patentee  therein  named,  his  heirs,  assigns,  and  successors  in  interest, 
a  certificate  under  the  seal  of  his  office,  reciting  the  making,  execution, 
delivery  and  acceptance  of  such  quitclaim  deed,  and  further  reciting  the 
fact  that  no  restitution  of  the  purchase  price  of  such  land  was  made. 
Upon  the  presentation  of  such  certificate  to  the  county  recorder  of  the 
county  wherein  such  land  is  situate,  it  shall  be  the  duty  of  the  recorder 
to  record  the  same  in  a  book  of  deeds  in  the  records  of  such  county. 

ACT  2875h. 

An  act  authorizing  the  state  board  of  control  for  and  on  behalf  of  the 
state  of  California  to  retransfer  a  certain  tract  of  land  back  to 
original  owners.  [Approved  May  28,  1917.  Stats.  1917,  p.  1282. 
In  effect  July  27,  1917.] 

This  act   authorized   the   transfer  of   certain  lands  in   Glenn   County 
to  Ella  Glenn  Leonard,  F.  B.  Glenn  and  C.  H.  Glenn. 

ACT  2884. 

An  act  to  provide  for  the  acquisition  by  municipalities  of  land  for  pu])lie 
park  or  jdnyground  purposes  by  condemnalion,  and  for  the  establish- 


Act  2884,  §4  GENERAL   LAWS.  1174 

ment  of  assessment  districts  and  the  assessment  of  property  therein 
to  pay  the  expenses  of  acquiring  such  land. 

[Approved  April  22,  1909.     Stats.  1909,  p.  1066.] 

Amended,  Stats.  Ex.  Sess.    1911,  p.  17;  1913,  p.  414;  1917,  p.  205. 

§  4.     Protests.     Contents.     Protest  signed  by   owners  of  majority  of 
frontage.     Protest  not  signed  by  owners  of  majority  of  frontage.     Any 

person  interested,  objecting  to  said  improvement,  or  to  tlie  extent  of  the 
assessment  district  described  in  said  ordinance  of  intention,  may  file  a 
written  protest  with  the  clerk  of  the  city  council,  within  thirty  days 
after  the  first  publication  of  the  notice  required  by  section  three  of  this 
act.  Every  such  protest  must  contain  a  description  of  the  property  in 
which  each  signer  thereof  is  interested,  sufficient  to  identify  the  same, 
and  must  set  forth  the  nature  of  his  interest  therein,  and  must  be  accom- 
panied by  the  affidavit  of  one  of  the  signers  thereof  that  each  signature 
thereof  is  the  genuine  signature  of  the  person  whose  name  is  thereto 
subscribed;  and  in  case  any  signature  is  made  by  an  agent,  there  must 
be  attached  to  the  protest  the  affidavit  of  the  agent  that  he  is  duly  au- 
thorized to  sign  such  protest.  Any  protest  not  complying  with,  the  fore- 
going requirements,  shall  not  be  considered  by  the  city  council.  In  the 
case  of  property  held  by  tenancy  in  common,  if  any  cotenant  sign  such 
protest,  only  the  proportionate  share  of  the  frontage  thereof  represented 
bj'  his  interest  therein,  shall  be  counted  in  determining  the  amount  of 
frontage  represented  by  such  protest.  The  clerk  shall  indorse  on  every 
such  protest  the  date  of  its  reception  by  him,  and  at  the  next  regular 
meeting  of  the  city  council,  after  the  expiration  of  the  time  for  filing 
protests,  shall  present  to  said  city  council  all  protests  so  filed  with  him. 
If  such  protests  are  against  said  improvement,  and  said  city  council  at 
said  meeting  or  at  any  other  time  to  which  the  hearing  of  said  protests 
may  be  adjourned,  finds  that  the  same  are  signed  by  the  owners  of  a 
majority  of  the  frontage  of  the  property  fronting  on  streets  or  parts  of 
streets  within  said  assessment  district,  all  further  proceedings  under  said 
ordinance  of  intention  shall  be  barred,  and  no  new  ordinance  of  inten- 
tion for  the  same  improvement  shall  be  passed  within  six  months  after 
the  presentation  of  such  protests  to  the  city  council,  unless  the  owners 
of  a  majority  of  the  frontage  of  the  property  fronting  on  streets  or  parts 
of  streets  within  said  assessment  district  shall,  in  the  meantime,  petition 
therefor.  If  such  protests  are  against  the  improvement  and  the  council 
finds  that  they  arc  not  signed  by  the  owners  of  a  majority  of  the  front- 
age of  the  property  fronting  on  streets  or  parts  of  streets  within  the  as- 
sessment district,  or  if  such  protests  are  only  against  the  extent  of  the 
assessment  district,  the  council  shall  hear  said  protests  at  said  meeting, 
or  at  any  time  to  which  the  hearing  thereof  may  be  adjourned,  and  pass 
upon  the  same,  and  its  decision  sliall  be  final  and  conclusive.  If  such 
protests  are  sustained,  no  further  proceedings  shall  be  had  under  said 
ordinance  of  intention,  but  a  new  ordinance  of  intention  for  the  same 
improvement  may  be  passed  at  any  time.  If  such  protests  are  denied, 
the  proceedings  shall  continue  as  if  such  protests  had  not  been  made. 
At  the  expiration  of  tlie  time  within  which  protests  may  be  filed,  if  none 
are  filed,  or  if  protests  are  filed,  and  af'fer  hearing  are  denied    as  above 


1175  PUBLIC  UTILITIES.  Act  2886 

provided,  then  upon  such  denial,  the  city  fouiieil  shall  be  deemed  to  have 
acquired  jurisdiction  to  order  the  inipro\enieut  described  in  tlie  ordinance 
of  intention. 

§  2i.     Deed  to  purchaser.     Service  of  notice  by  street  superintendent. 

At  any  time  after  the  expiration  of  twelve  months  from  the  date  of  sale, 
the  street  suj^erintendent  must  execute  to  the  purchaser,  or  his  assignee 
on  his  application,  if  such  purchaser  or  assignee  has  complied  with  the 
provisions  of  this  section,  a  deed  of  the  property  sold,  in  which  shall  be 
recited  substantially  the  matters  contained  in  the  certificate,  also  any 
assignment  thereof,  and  the  fact  that  no  person  has  redeemed  the  prop- 
erty. The  street  superintendent  shall  receive  from  the  applicant  for  a 
deed,  one  dollar  for  making  such  deed,  unless  the  municipality  is  the  pur- 
chaser, in  which  case  no  charge  shall  be  made  therefor,  and  at  least 
thirty  days  before  the  deed  is  executed  the  street  superintendent  must 
serve  upon  the  owner  of  the  projjerty,  and  upon  the  occupant  of  such 
property  if  the  same  is  occupied,  a  written  notice,  setting  forth  a  descrip- 
tion of  the  property  that  said  property  has  been  sold  for  a  delinquent 
assessment  (specifying  the  improvement  for  which  the  same  was  made), 
the  amount  for  which  it  was  sold,  the  amount  necessary  to  redeem  at 
the  time  of  giving  notice  and  the  time  when  the  deed  will  be  executed 
to  the  purchaser  or  assignee.  If  the  said  owner  cannot  be  found,  after 
due  diligence,  said  notice  must  be  posted  by  the  street  sujierintendent 
in  a  conspicuous  place  upon  said  property,  at  least  thirty  days  before 
the  time  stated  therein,  at  which  the  deed  will  be  executed.  Tlie  street 
superintendent  must  file  with  the  city  clerk  an  affidavit  or  affidavits 
showing  that  notice  of  such  ajiplication  has  been  given,  as  herein  re- 
quired, and  if  the  notice  was  not  served  on  the  owner  of  the  property 
personally,  that  due  diligence  was  used  to  find  said  owner.  If  redeni])- 
tion  of  the  property  is  made  after  such  affidavits  are  filed,  and  more  than 
eleven  months  from  the  date  of  sale,  the  person  making  such  redemption 
must  pay,  in  addition  to  the  other  amounts  required,  three  dollars  for 
the  service  of  notice  and  the  making  of  such  affidavits,  which  amount 
shall  be  paid  over  to  the  street  superintendent  and  by  him  paid  into  the 
city  treasury.  No  deed  for  any  property  sold  for  delinquent  assessment 
shall  be  made  until  all  the  provisions  of  this  section  have  been  complied 
with. 

TITLE  440. 
PUBLIC  UTILITIES. 

ACT  2886. 

An  act  to  provide  for  the  organization  of  the  railroad  commission,  to  de- 
fine its  powers  and  duties  and  the  riglits,  remedies,  powers  and  duties 
of  public  utilities  and  their  officers,  and  the  rights  and  remedies  of 
patrons  of  public  utilities,  and  to  provide  penalties  for  offenses  by 
public  utilities,  their  officers,  agents  and  employees  and  by  other  per- 
sons and  corporations,  creating  the  "railroad  commission  fund"  and 
appropriating  the  monej's  therein  to  carry  out  the  provisions  of  this 
act,  and  rei^ealing  Title  XV  of  Part  IV  of  Division  First  of  the  Civil 


Act  2886,  §  2  GENERAL   LAWS.  1176 

Code  and  all  acts  and  parts  of  acts  inconsistent  with  the  provisions 
of  this  act. 

[Approved  April  23,  19L1.     Stats.  1915,  p.  115.]. 

Amended  1917;  Stats.  1917,  ]i|i.   KiS,  199,  261,  :!2(l,  1829. 

The  amendments  of  1917  follow: 

§2.  "Conunission."  (a)  The  term  "commission,"  when  nsed  in  tiiis 
act,  means  the  railroad  commission  of  the  state  of  California. 

(b)  "Commissioner."  The  term  "commissioner,"  when  used  in  tliis 
act,  means  one  of  the  memliers  of  the  commission. 

(e)  "Corporation."  The  term  "corj>oration,"  when  used  in  this  act,  in- 
cludes a  corporation,  a  company,  an  association  and  a  joint  stock  asso- 
ciation, 

(d)  "Person.''  The  term  "person,"  when  used  in  this  act,  includes  an 
individual,  a  firm  and  a  copartnership. 

(e)  "Transportation  of  persons."  The  term  "transportation  of  per- 
sons," when  nsed  in  this  act,  includes  every  service  in  connection  with  or 
incidental  to  the  safety,  comfort  or  convenience  of  the  person  transported 
and  the  receipt,  carriage  and  delivery  of  such  person  and  his  baggage. 

(f)  "Transportation  of  property."  The  term  "transportation  of  prop- 
erty," when  used  in  this  act,  includes  every  service  in  connection  with  or 
incidental  to  the  transportation  of  property,  including  in  particular  its 
receipt,  delivery,  elevation,  transfer,  switching,  carriage,  ventilation,  re- 
frigeration, icing,  dunnage,  storage  and  handling,  and  the  transmission 
of  credit  by  express  corporations. 

(g)  "Street  railroad."  The  term  "street  railroad,"  when  used  in  this 
act,  includes  every  railway,  and  each  and  every  branch  or  extension 
thereof,  by  whatsoever  power  operated,  being  mainly  upon,  along,  above 
or  below  any  street,  avenue,  road,  highway,  bridge  or  public  place  within 
any  city  and  county,  or  city  or  town,  together  with  all  real  estate,  fix- 
tures and  personal  property  of  every  kind  nsed  in  connection  therewith, 
owned,  controlled,  operated  or  managed  for  public  use  in  the  transporta- 
tion of  persons  or  property;  but  the  term  "street  railroad,"  when  used 
in  this  act,  shall  not  include  a  railway  constituting  or  used  as  a  part  of 
a  commercial  or  interurban  railway. 

(h)  "Street  railroad  corporation."  Tiio  term  "street  railroad  corpo- 
ration," when  used  in  this  act,  includes  every  corporation  or  person,  their 
lessees,  trustees,  receivers  or  trustees  appointed  by  any  court  whatso- 
ever, owning,  controlling,  operating  or  managing  any  street  railroad  for 
compensation  within  this  state. 

(i)  "Railroad."  Ti:c  Icim  "lailroMd."  when  used  in  this  act,  includes 
every  commercial,  interurban  and  other  railway  other  than  a  street  rail- 
road, and  each  and  every  biancli  or  extension  thereof,  by  whatsoever 
power  ojjerated,  together  witli  all  hacks,  bridges,  trestles,  rights  of  way, 
subways,  tunnels,  stations,  depots,  union  depots,  ferries,  yards,  grounds, 
terminals,  terminal  facilities,  sirnctiires  and  ecpiipment,  and  all  otlier 
real  estate,  fixtures  and    [lersonal    proj^'rly  of  cxcry   kind   used   in   connec- 


1177  PUBLIC  UTILITIES.  Act  2886,  §  2 

tiou  therewith,  owned,  controlled,  operated  or  managed  for  puldic  use  in 
the  trajisportatiou  of  persons  or  property. 

(j)  "Railroad  corporation."  The  term  "railroad  corporation,"  when 
usetl  in  this  act,  includes  every  corporation  or  person,  their  lessees,  trus- 
tees, receivers  or  trustees  appointed  by  any  court  whatsoever,  owning, 
controlling,  operating  or  managing  any  railroad  for  compensation  within 
this  state. 

(k)  ''Express  corporation.''  The  term  "express  corporation,"  when 
used  in  this  act,  includes  ever}-  corporation  or  person,  their  lessees,  trus- 
tees, receivers  or  trustees  appointed  by  any  court  whatsoever,  engaged 
in  or  transacting  the  business  of  transporting  any  freight,  merchandise 
or  other  property  for  compensation  on  the  line  of  any  common  carrier  or 
stage  or  auto  stage  line  within  this  state. 

(1)  "Common  carrier."  The  term  "common  carrier,"  when  used  in  this 
act  includes  every  railroad  corporation;  street  railroad  corporation;  ex- 
press corporation;  dispatch,  sleeping-car,  dining-car,  drawing-room  car, 
freight,  freight  line,  refrigerator,  oil,  stock,  fruit,  car-loaning,  car-rent- 
ing, car-loading  and  every  other  car  corporation  or  person,  their  lessees, 
trustees,  receivers  or  trustees  appointed  by  any  court  whatsoever,  oper- 
ating for  compensation  within  this  state;  and  every  corporation  or  per- 
son, their  lessees,  trustees,  receivers  or  trustees  appointed  by  any  court 
whatsoever,  owning,  controlling,  operating  or  managing  any  vessel  en- 
gaged in  the  transportation  of  persons  or  property  for  compensation  be- 
tween points  upon  the  inland  waters  of  this  state,  or  regularly  engaged 
in  the  transportation  of  jaersons  or  property  for  compensation  upon  the 
high  seas  on  regular  routes  between  points  within  this  state.  The  term 
"inland  waters"  as  used  in  this  subsection  includes  all  navigable  waters 
within  the  state  of  California  other  than  the  high  seas. 

(m)  "Pipe-line."  The  term  "pipe-line,"  when  used  in  this  act,  includes 
all  real  estate,  fixtures  and  personal  property,  owned,  controlled,  operated 
or  managed  in  connection  with  or  to  facilitate  the  transmission,  storage, 
distribution  or  delivery  of  crude  oil  or  other  fluid  substances  except  water 
through  jiipe-liues. 

(n)  "Pipe-line  corporation."  The  term  "pipe-line  corporation,"  when 
used  in  this  act,  includes  every  corporation  or  person,  their  lessees,  trus- 
tees, receivers  or  trustees  appointed  by  any  court  whatsoever,  owning, 
controlling,  operating  or  managing  any  pipe-line  for  compensation  within 
this  state. 

(o)  "Gas  plant."  The  term  "gas  j^lant,"  when  used  in  this  act,  in- 
cludes all  real  estate,  fixtures,  and  personal  property  owned,  controlled, 
operated  or  managed  in  connection  with  or  to  facilitate  the  production, 
generation,  transmission,  deliver}'  or  furnishing  of  gas,  natural  or  manu- 
factured, for  light,  heat  or  power. 

(p)  "Gas  corporation."  The  term  "gas  corporation,"  when  used  in  this 
act,  includes  every  corporation  or  person,  their  lessees,  trustees,  receivers 
or  trustees  appointed  by  any  court  whatsoever,  owning,  controlling,  oper- 
ating or  managing  any  gas  plant  for  compensation  within  this  state, 
except  where  gas  is  made  or  produced  on  arid  distributed  by  the  maker 
or  producer  through  his  tenants  and  not  for  sale  to  others. 


Act  2886,  §  2  GENERAL  LAWS.  •  1178 

(q)  "Electric  plant."  The  term  "electric  plant,"  when  used  in  this 
act,  includes  all  real  estate,  fixtures  and  personal  property  owned,  con- 
trolled, operated  or  managed  in  connection  with  or  to  facilitate  the  pro- 
duction, generation,  transmission,  delivery  or  furnishing  of  electricity 
for  light,  heat  or  power,  and  all  conduits,  duets  or  other  devices,  mate- 
rials, apparatus  or  property  for  containing,  holding  or  carrying  conduc- 
tors used  or  to  be  used  for  the  transmission  of  electrici.ty  for  light,  heat 
or  power. 

(r)  "Electrical  corporation."  The  term  "electrical  corporation,"  when 
used  in  this  act,  includes  every  corporation  or  person,  their  lessees,  trus- 
tees, receivers  or  trustees  appointed  by  any  court  whatsoever,  owning, 
controlling,  operating  or  managing  any  electric  plant  for  compensation 
within  this  state,  except  where  electricity  is  generated  on  or  distributed 
by  the  producer  through  private  property  alone  solely  for  his  own  use 
or  the  use  of  his  tenants  and  not  for  sale  to  others. 

(s)  "Telephone  line."  The  term  "telephone  line,"  when  used  in  this 
act,  includes  all  conduits,  ducts,  poles,  wires,  cables,  instruments  and 
appliances,  and  all  other  real  estate,  fixtures  and  personal  property  owned, 
controlled,  operated  or  managed  in  connection  with  or  to  facilitate  com- 
munication by  telephone,  whether  such  communication  is  had  with  or 
without  the  use  of  transmission  wires. 

(t)  "Telephone  corporation."  The  term  "telephone  corporation,"  when 
used  in  this  act,  includes  every  corporation  or  person,  their  lessees',  trus- 
tees, receivers  or  trustees  appointed  by  any  court  whatsoever,  owning, 
controlling,  operating  or  managing  any  telephone  line  for  compensation 
within  this  state. 

(u)  "Telegraph  line."'  The  term  "telegraph  line,"  when  used  in  this 
act,  includes  all  conduits,  duets,  poles,  wires,  cables,  instruments  and 
appliances,  and  all  other  real  estate  fixtures  and  personal  property  owned, 
controlled,  operated  or  managed  in  connection  with  or  to  facilitate  com- 
munication by  telegraph,  whether  such  communication  is  had  with  or 
without  the  use  of  transmission  wires. 

(v)  "Telegraph  corporation."  The  term  "telegraph  corporation,'  when 
used  in  this  act,  includes  every  corporation  or  person,  their  lessees,  trus- 
tees, receivers  or  trustees  appointed  by  any  court  whatsoever,  owning, 
controlling,  operating  or  managing  any  telegraph  line  for  compensation 
within  this  state. 

(vv)  "Water  system."  The  term  "water  system,"  when  used  in  this 
act,  includes  all  reservoirs,  tunnels,  shafts,  dams,  dikes,  headgates,  pipes, 
flumes,  canals,  structures,  and  appliances,  and  all  other  real  estate,  fix- 
tures and  personal  property,  owned,  controlled,  operated  or  managed  in 
connection  with  or  to  facilitate  the  diversion,  developmennt,  storage, 
supply,  distributio,  sale,  furnishing,  carriage,  apportionment,  or  measure- 
ment of  water  for  power,  irrigation,  reclamation  or  manufacturing,  or 
for  municipal,  domestic  or  other  beneficial  use. 

(x)  "Water  corporation."  The  term  "water  corporation,"  when  used 
in  this  act,  incliides  every  corporation  or  person,  their  lessees,  trustees, 
receivers   or   trustees   appdiiHcil    liy    ;iiiy   court    whatsoever,   owning,    con- 


1179  PUBLIC  UTILITIES.  Act  2886,  §  2 

li'olliug,  operating  or  managing  any  water  system  for  compensation  witliin 
this  state. 

(y)  "Vessel."  Tlie  term  "vessel,"  when  used  in  this  act,  includes  every 
species  of  water  craft,  by  whatsoever  power  operated,  which  is  owned, 
controlled,  operated  or  managed  for  public  use  in  the  transportation  of 
persons  or  property,  except  row-boats,  sailing  boats  and  barges  under 
twenty  tons  dead  weight  carrying  cajjacity,  and  vessels  propelled  by 
steam,  gas,  fluid  naphtha,  electricity,  or  other  motive  power  under  the 
burden  of  five  tons  net  register. 

(z)  '"Wharfinger."  The  term  "wharfinger,"  when  used  in  this  act,  in- 
cludes every  corporation  or  person,  their  lessees,  trustees,  receivers  or 
trustees,  ai)pointed  by  any  court  whatsoever,  owning,  controlling,  oper- 
ating or  managing  any  dock,  wharf  or  structure  used  by  vessels  in  con- 
nection with  or  to  facilitate  the  receipt  or  discharge  of  freight  or  pas- 
sengers for  compensation  within  this  state. 

(aa)  "Warehouseman."  The  term  "warehouseman,"  when  used  in  this 
act,  includes  every  corporation  or  person,  their  lessees,  trustees,  receivers 
or  trustees  appointed  by  any  court  whatsoever,  owning,  controlling,  oper- 
ating or  managing  any  building  or  structure  in  which  property  is  regu- 
larly stored  for  compensation  within  this  state,  in  connection  with  or  to 
facilitate  the  transportation  of  property  by  a  common  carrier  or  vessel, 
or  the  loading  or  unloading  of  the  same,  other  than  a  dock,  wharf  or 
structure,  owned,  operated,  controlled  or  managed  by  a  wharfinger. 

(bb)  "Public  utility."  The  term  "public  utility,"  when  used  in  this 
act,  includes  every  common  carrier,  pipe-line  corporation,  gas  corporation, 
electrical  corporation,  telephone  corporation,  telegraph  corporation,  water 
corporation,  wharfinger  and  warehouseman,  where  the  service  is  performed 
for  or  the  commodity  delivered  to  the  public  or  any  portion  thereof. 
The  term  "public  or  any  portion  thereof"  as  herein  used  means  the  pub- 
lic generally,  or  any  limited  portion  of  the  public  including  a  person, 
private  corporation,  municipality  or  other  political  subdivision  of  the 
state,  for  which  the  service  is  performed  or  to  which  the  commodity  is 
delivered,  and  whenever  any  common  carrier,  pipe-line  corporation,  gas 
corporation,  electrical  corporation,  telephone  corporation,  telegraph  cor- 
poration, water  corporation,  wharfinger  or  warehouseman  performs  a  ser- 
vice or  delivers  a  commodity  to  the  public  or  any  portion  thereof  for 
which  any  compensation  or  payment  whatsoever  is  received,  such  com- 
mon carrier,  pipe-line  corporation,  gas  corporation,  electrical  corporation, 
telephone  corporation,  telegraph  corporation,  water  corporation,  whar- 
finger or  warehouseman  is  hereby  declared  to  be  a  public  utility  subject 
to  the  jurisdiction,  control  and  regulation  of  the  commission  and  the 
provisions  of  this  act.  Furthermore,  w^hen  any  person  or  corporation 
performs  any  service  or  delivers  any  commodity  to  any  person  or  per- 
sons, private  corporation  or  corporations,  municipality  or  other  political 
subdivision  of  the  state,  which  in  turn  either  directly  or  indirectly,  medi- 
ately or  immediately,  perform  such  service  or  deliver  such  commodity  to 
or  for  the  corporation  or  corporations  and  each  thereof  is  hereby  de- 
clared to  be  a  public  utility  and  to  be  subject  to  the  jurisdiction,  con- 
trol and  regulation  of  the  commission  and  to  the  provisions  of  this  act. 
[Amendment  approved  May  29,  1917;  Stats.  1917,  p.  1329.] 


Act  2886,  §  17  GENERAL   LAWS.  1180 

§17.  No  transportation  until  rates  are  filed,  (a)  1.  No  common  car- 
rier subject  to  the  provisions  of  this  act  shall  engage  or  participate  in 
the  transportation  of  persons  or  property,  between  points  within  this 
state,  until  its  schedules  of  rates,  fares,  charges  and  classifications  shall 
have  been  filed  and  published  in  accordance  witli  the  provisions  of  this 
act. 

2.  Diiferent  rate  not  to  be  charged.  No  common  carrier  shall  charge, 
demand,  collect  or  receive  a  greater  or  less  or  diff'erent  compensation  for 
the  transportation  of  persons  or  property,  or  for  any  service  in  connec- 
tion therewith,  than  the  rates,  fares  and  charges  applicable  to  such  trans- 
portation as  specified  in  its  schedules  filed  and  in  effect  at  the  time;  nor 
shall  any  such  carrier  refund  or  remit  m  any  manner  or  by  any  device 
any  portion  of  the  rates,  fares  or  charges  so  specified,  except  upon  order 
of  the  commission  as  hereinafter  provided,  nor  extend  to  any  corpora- 
tion or  iierson  any  privilege  or  facility  in  the  transportation  of  pas- 
sengers or  property  except  such  as  arc  regularly  and  uniformly  extended 
to  all  corporations  and  persons. 

3.  Passes.  Express  matter  to  company's  officer.  No  common  carrier 
subject  to  the  provisions  of  this  act  shall,  directly  or  indirectly,  issue, 
give  or  tender  any  free  ticket,  free  pass  or  free  or  reduced-rate  trans- 
portation for  passengers  between  points  within  this  state,  except  to  its 
officers,  agents,  employees,  attorneys,  physicians  and  surgeons,  and  mem- 
bers of  their  families;  to  ministers  of  religion,  traveling  secretaries  of 
railroad  men's  religious  associations,  or  executive  office:i's,  organizers  or 
agents  of  railroad  employees'  mutual  benefit  associations  giving  the 
greater  portion  of  their  time  to  the  work  of  any  such  association;  in- 
mates of  hospitals  or  charitable  or  eleemosynary  institutions,  and  per- 
sons exclusively  engaged  in  charitable  or  eleemosynary  work,  and  persons 
and  projjerty  engaged  or  employed  in  educational  work  or  scientific  re- 
search or  in  patriotic  work  when  permitted  by  the  commission;  to  the 
executive  officers  of  mercantile  or  promotion  boards  or  bodies  within 
this  state  when  traveling  in  the  performance  of  duties  atfecting  the  ad- 
vancement of  the  business  of  such  boards  or  bodies,  or  the  development 
of  trade  or  industry  within  or  without  this  state,  when  authorized  by 
the  commission;  to  hotel  employees  of  season  resort  hotels,  when  author- 
ized by  the  commission;  to  indigent,  destitute  and  homeless  persons  and 
to  such  persons  when  transported  by  charitable  societies  or  hospitals, 
and  tlie  necessary  agents  employed  in  such  transportation;  to  inmates 
of  the  national  homes  or  state  homes  for  disabled  volunteer  soldiers  and 
of  soldiers'  and  sailors'  homes,  including  those  about  to  enter  and  those 
returning  home  after  discharge;  to  necessary  caretakers,  going  and  re- 
turning, of  livestock,  jioultry,  milk,  fruit  and  other  freight,  under  uni- 
form and  nondiscriminatory  regulations;  to  emp'loyees  of  sleeping-car 
corjiorations,  express  corporations  and  telegraph  and  telephone  corpora- 
tions; to  railway  mail  service  employees.  United  States  internal  revenue 
olTicers,  postoUice  inspectors,  customs  olUcers  and  inspectors  and  immi- 
gration inspcclors  when  trav(ding  in  the  course  of  their  official  duty;  to 
newsboys  on  trains,  haggage  agents,  witnesses  attending  any  legal  in- 
vosligation  in  which  the  carriei'  is  inteii'sted,  persons  injured  in  acci- 
dents or  wrci-ks  ami   jjhysicians  and   nurses  attending  siudi  persons;   pro- 


1181  PUBLIC  UTILITIES.  ,Act  2886,  §  17 

vided,  that  the  term  "employees,"  as  used  in  this  section,  shall  include 
furloughed,  pensioned  and  superannuated  employees,  persons  who  have 
become  disabled  or  infirm  in  the  service  of  anj^  such  carrier,  ex-employees 
traveling  for  the  purpose  of  entering  the  service  of  any  such  carrier, 
and  the  remains  of  persons  dying  while  in  the  employment  of  any  such 
carrier;  and  the  term  "families,"  as  used  in  this  section,  shall  include 
the  families  of  those  persons  heretofore  named  in  this  proviso,  and  the 
families  of  persons  killed,  and  the  widows  during  widowhood  and  minor 
children  during  minority  of  persons  who  died  while  in  the  service  of  any 
such  carrier;  and  i)rovided,  further,  that  no  free  ticket,  free  pass  or  free 
or  reduced-rate  transportation  shall  be  issued,  given  or  tendered  to  any 
officer,  agent  or  employee  of  a  common  carrier,  who  is  at  the  same  time 
a  shipper  or  receiver  of  freight,  or  an  officer,  agent  or  employee  of  a 
shipper  or  receiver  of  freight,  unless  such  officer,  agent  or  employee  de- 
votes substantially  his  entire  time  to  the  service  of  such  carrier;  and 
provided,  further,  that  the  members  of  the  railroad  commission,  their 
officers  and  employees,  shall  be  entitled,  when  in  the  performance  of 
their  official  duties,  to  free  transportation  over  the  lines  of  all  common 
carriers  within  this  state;  and  provided,  further,  that  passenger  trans- 
portation may  issue  to  the  proprietors  and  employees  of  newspapers  and 
magazines  and  the  members  of  their  immediate  families,  in  exchange 
for  advertising  space  in  such  newspapers  or  magazines  at  full  rates,  sub- 
ject however  to  such  reasonable  restriction  as  the  commission  may 
impose. 

Nothing  in  this  act  contained  shall  be  construed  to  prohibit  the  issue 
by  express  corporations  of  free  or  reduced-rate  transj^ortation  for  express 
matter  to  their  officers,  agents,  employees,  attorneys,  physicians  and  sur- 
geons, and  members  of  their  families,  or  the  interchange  of  free  or 
reduced-rate  transportation  for  passengers  or  express  matter  between 
common  carriers,  their  officers,  agents,  employees,  attorneys,  physicians 
and  surgeons,  and  members  of  their  families,  where  such  common  car- 
riers are  subject  in  wdiole  or  in  part  to  the  jurisdiction  of  the  commis- 
sion or  of  the  interstate  commerce  commission,  or  where  such  common 
carriers,  though  not  in  whole  or  in  part  subject  to  the  jurisdiction  of 
this  commission  or  of  the  interstate  commerce  commission,  but  which 
are  engaged  in  the  business  of  transporting  passengers  and  freight  by 
water  between  the  United  States  and  foreign  countries,  and  are  per- 
mitted by  the  interstate  commerce  act  to  interchange  such  free  trans- 
portation with  common  carriers  which  are  subject  to  the  jurisdiction  of 
the  interstate  commerce  commission  or  to  the  jurisdiction  of  this  com- 
mission; provided,  that  such  express  matter  be  for  the  personal  use  of 
the  person  to  or  for  whom  such  free  or  reduced-rate  transportation  is 
granted,  or  of  his  family;  nor  to  prohibit  the  issue  of  reduced-rate  trans- 
portation by  a  common  carrier  to  children  attending  an  institution  of 
learning;  nor  to  prohibit  the  issue  of  passes  or  franks  by  telegraph  or 
telephone  corporations  to  their  officers,  agents,  employees,  attorneys,  phy- 
sicians and  surgeons,  and  members  of  their  families,  or  the  exchange  of 
passes  or  franks  between  such  telegraph  and  telephone  corporations  or 
between  such  corporations  and  such  common  carriers,  for  their  officers, 
agents,  employees,  attorneys,  physicians  and  surgeons,  and  members  of 
their  families;  nor  to  prevent  the  carrying  out  of  contracts  for  free  or 


Act  2886,  §  43  general  laws.  1182 

reduced-rate  passenger  transportation  heretofore  made,  founded  upon 
adequate  consideration  and  lawful  when  made;  nor  to  prevent  a  common 
carrier  from  transporting,  storing  or  handling,  free  or  at  reduced  rates, 
the  household  goods  and  personal  effects  of  its  employees,  of  persons 
entering  or  leaving  its  service,  and  of  persons  killed  or  dying  while  in 
its  service. 

4.  United  States,  state,  etc.,  property  may  be  carried  free  in  certain 
cases.  Every  common  carrier  subject  to  the  provisions  of  this  act  may 
transport,  free  or  at  reduced  rates,  persons  or  property  for  the  United 
States,  state,  county  or  municipal  governments,  or  for  charitable  pur- 
poses, or  for  patriotic  purposes,  or  to  provide  relief  in  cases  of  general 
epidemic,  pestilence  or  other  calamitous  visitation,  and  property  to  or 
from  fairs  or  expositions  for  exhibit  thereat;  also  contractors  and  their 
employees,  material  or  supplies  for  use  or  engaged  in  carrying  out  their 
contracts  with  said  carriers,  for  construction,  operation  or  maintenance 
work  or  work  incidental  thereto  on  the  line  of  the  issuing  carrier,  to 
the  extent  only  that  such  free  or  reduced-rate  transportation  is  provided 
for  in  the  specitications  upon  which  the  contract  is  based  and  in  the 
contract  itself.  Common  carriers  may  also  enter  into  contracts  with 
telegraph  and  telephone  corporations  for  an  exchange  of  service. 

(b)  Rebates  prohibited.  Except  as  in  this  section  otherwise  provided, 
no  public  utility  shall  charge,  demand,  collect  or  receive  a  greater  or 
less  or  different  compensation  for  any  product  or  commodity  furnished 
or  to  be  furnished,  or  for  any  service  rendered  or  to  be  rendered,  than 
the  rates,  tolls,  rentals  and  charges  applicable  to  such  product  or  com- 
modity or  service  as  si^ecitied  in  its  schedules  on  file  and  in  effect  at 
the  time,  nor  shall  any  such  public  utility  refund  or  remit,  directly  or 
indirectly,  in  any  manner  or  by  any  device,  any  portion  of  the  rates, 
tolls,  rentals  and  charges  so  specified,  nor  extend  to  any  corporation  or 
person  any  form  of  contract  or  agreement  or  any  rule  or  regulation  or 
any  facility  or  privilege  except  such  as  are  regularly  and  uniformly 
extended  to  all  corporations  and  persons;  provided,  that  the  commission 
may  by  rule  or  order  establish  such  exceptions  from  the  operation  of 
this  prohibition  as  it  may  consider  just  and  reasonable  as  to  each  public 
utility.     [Amendment  approved  April  25,  1917;  Stats.  1917,  p.  199.] 

§43.  No  grade  crossings  without  permission,  (a)  No  public  road, 
higliway  or  street  shall  liercaftor  be  constructed  across  the  track  of  any 
railroad  corporation  at  grade,  nor  shall  the  track  of  any  railroad  corpo- 
ration be  constructed  across  a  public  road,  highway  or  street  at  grade, 
nor  shall  the  track  of  any  railroad  corporation  be  constructed  across  the 
track  of  any  other  railroad  or  street  railroad  corporation  at  grade,  nor 
shall  the  track  of  a  street  railroad  cori)oration  be  constructed  across  the 
track  of  a  railroad  corporation  at  grade,  without  having  first  secured 
the  permission  of  the  commission;  provided,  that  this  subsection  shall 
not  apply  to  the  replacement  of  lawfully  existing  tracks.  The  commis- 
sion shall  have  the  right  to  refuse  its  permissimi  or  (o  grant  it  u[ion  sui'li 
terms  and  conditions  as  it  may  proscribe. 

(h)  Power  to  determine  crossing  point,  etc.  Payment  of  amount  ap- 
portioned.    'I'he  coMimission  shall  have  the  exclusive  power  to  determine 


118)3  PUBLIC  UTILITIES.  Act  2886,  §  43 

and  prescribe  the  manner,  including  the  particular  point  of  crossing,  and 
the  terms  of  installation,  operation,  maintenance,  use  and  protection  of 
each  crossing  of  one  railroad  by  another  railroad  or  street  railroad,  and 
of  a  street  railroad  by  a  railroad,  and  of  each  crossing  of  a  public  road 
or  highway  by  a  railroad  or  street  railroad  and  of  a  street  by  a  railroad 
or  vice  versa,  subject  to  the  provisions  of  section  two  thousand  six  hun- 
dred ninety-four  of  the  Political  Code  so  far  as  applicable,  and  to  alter, 
relocate  or  abolish  any  such  crossing,  and  to  require,  where  in  its  judg- 
ment it  would  be  practicable,  a  separation  of  grades  at  any  such  cross- 
ing heretofore  or  hereafter  established  and  to  prescribe  the  terms  upon 
which  such  separation  shall  be  made  and  the  proportions  in  which  the 
expense  of  the  construction,  alteration,  relocation  or  abolition  of  such 
crossings  or  the  separation  of  such  grades  shall  be  divided  between  the 
railroad  or  street  railroad  corporations  affected  or  between  such  corpo- 
rations and  the  state,  county,  municipality  or  other  political  subdivision 
affected.  It  shall  be  the  duty  of  each  corporation  and  political  sub- 
division to  which  any  of  the  expense  is  apportioned  to  pay  from  the 
funds  available  therefor  in  its  treasury  the  amount  apportioned  to  it  at 
the  time  and  to  the  parties  specified  by  the  order  of  the  commission  and 
if  the  same  is  not  paid  in  accordance  with  the  commission's  order  the 
corporation  or  political  subdivision  entitled  thereto  under  the  commis- 
sion's order  shall  have  the  right  to  sue  therefor  in  any  court  of  com- 
petent jurisdiction.  If  no  such  funds  are  available  as  aforesaid,  it  shall 
be  the  duty  of  the  appropriate  boards,  officers  and  employees  intrusted 
with  the  levy  and  collection  of  the  taxes  or  assessments  of  such  political 
subdivision  to  do  all  acts  necessary  to  include  in  the  next  succeeding 
tax  or  assessment  levy  the  amount  due  and  to  collect  the  same,  where- 
upon the  amount  due  shall  be  paid  over  to  the  corporation  or  corpora- 
tions, the  state,  political  subdivision,  or  political  subdivisions  entitled 
thereto  under  the  commission's  order.  The  commission  shall  have  the 
power  by  order  to  designate  the  state,  certain  of  said  corporations,  and 
political  subdivisions,  affected,  to  do  all  or  specified  portions  of  the  acts 
required  by  any  order  of  the  commission  made  under  the  provisions  of 
this  subsection,  and  to  prescribe  the  manner  and  the  time  within  which 
the  parties  so  designated  shall  be  paid  or  reimbursed  by  the  other  corpo- 
rations, the  state  and  political  subdivisions  among  which  the  expense 
of  the  work  has  been  apportioned  by  the  commission. 

(c)  1.  Power  to  fix  just  compensation.  The  commission  shall  have 
power  in  accordance  v^fith  the  jirocedure  provided  in  this  subsection  to  fix 
the  just  compensation  to  be  paid  for  property  or  anj^  interest  in  or  to 
property  to  be  taken  or  damaged  in  the  separation  or  grades  at  any  cross- 
ing specified  in  subsection  (b)  hereof,  or  for  property  or  any  interest  in 
or  to  property  to  be  taken  or  damaged  in  the  construction,  alteration  or 
relocation,  under  the  order  or  with  the  approval  of  the  commission, 
of  elevated  tracks  or  subways  for  any  railroad  or  street  railroad  over  or 
under  any  public  road,  street,  highway  or  private  right  of  way,  or  of 
anjf  public  road,  street  or  highway  over  or  under  the  tracks  of  any  rail- 
road corporation  or  street  railroad  corporation;  and  upon  the  payment 
of  the  just  compensation  so  fixed  to  make  a  final  order  of  condemnation 
as  hereinafter  provided. 


Act  2886,  §  43  general  laws.  1184 

2.  Manner  of  commencing  proceedings.  Proceedings  under  subsection 
(c)  hereof  may  be  commenced  by  order  on  the  commission's  own  motion 
or  by  a  petition  filed  by  the  state,  county,  city  and  county,  incorporated 
city  or  town,  other  political  subdivision,  railroad  corporation,  or  street 
railroad  corporation  affected.  Any  proceeding  commenced  under  this 
subsection  may  be  made  a  part  of  any  proceeding  commenced  under  sub- 
section (b)  hereof.  Said  petition  shall  set  forth  the  name  and  interest 
of  the  petitioner,  and  said  order  on  the  commission's  own  motion  and 
said  petition  shall  set  forth  a  statement  of  the  purpose  of  the  proceed- 
ings and  the  use  for  which  property  or  interest  in  or  to  property  is 
sought  to  be  taken,  a  description  of  each  piece  of  land  or  other  property 
or  interest  in  or  to  property  sought  to  be  taken,  and  whether  the  same 
includes  the  w'hole  or  only  a  part  of  an  entire  parcel  or  tract  or  piece 
of  property  or  interest  in  or  to  property  and  the  names  and  addresses 
of  all  owners  and  claimants  thereof,  if  known,  or  a  statement  that  they 
are  unknown,  and  a  statement  of  each  railroad  corporation,  the  state 
and  political  subdivision  which  in  the  opinion  of  the  commission  or  the 
petitioner  has  an  interest  in  the  proceeding.  Said  petition  shall  pray 
that  the  commission  fix  the  just  compensation  to  be  paid  for  the  acquisi- 
tion of  or  damage  to  the  property  and  interest  in  or  to  property  specified 
in  the  petition,  that  the  commission  designate  the  party  or  parties  to 
the  proceeding  who  shall  pay  such  compensation  and  the  owners  and 
claimants  of  the  property  and  interest  in  or  to  property  condemned  to 
whom  such  compensation  shall  be  paid  and  that  the  commission  make 
its  final  order  of  condemnation;  provided,  that  when  the  proceeding  is 
commenced  by  order  on  the  commission's  own  motion  said  matters  shall 
be  included  in  the  statement  of  the  purpose  of  the  proceeding.  Said 
petition  shall  be  duly  verified  and  at  the  time  the  same  is  filed  with  the 
commission  the  petitioner  shall  also  file  the  additional  copies  thereof 
equal  in  number  to  three  or  more  than  the  number  of  owners  and  claim- 
ants named  in  the  petition. 

?,.  Order  to  appear.  Service.  Publication.  Notice  of  hearing.  Amend- 
ment of  petition.  Upon  the  filing  of  said  petition  with  the  commission 
or  tlio  making  of  said  order  on  the  commission's  own  motion,  the  com- 
mission shall  make  its  order  specifying  the  nature  of  the  proceeding, 
containing  a  general  descrijition  of  the  property  and  interest  in  or  to 
property  to  be  condemned,  and  directing  the  owners  and  claimants  and 
the  railroad  corporations,  street  railroad  corporations,  and  governmental 
authorities  in  interest  named  in  said  petition  or  order  on  the  commis- 
sion's own  motion,  who  siiall  also  be  named  in  said  order  to  show  cause, 
to  aj)pear  before  tlie  commission  at  a  time  and  place  specified  in  said 
order,  to  show  cause,  if  any  they  have,  why  the  commission  should  not 
l)rocced  after  hearing  to  fix  the  just  compensation  to  be  paid  for  the 
acquisition  of  or  damage  to  Ihp  jirnporty  and  interest  in  or  to  jjroperty 
Hpecified  in  said  petition  or  onlcr  on  llie  conimission's  own  motion,  to 
designate  tlif  ]i;iity  or  jiarties  to  the  proci^eding  who  sliall  pay  such  coni- 
j)ensation  ;ini|  I  he  owncis  and  claimants  to  whom  such  compensation 
shall  be  ])aid  iiinl  to  ni;il<c  its  fiiiMl  order  of  comlemnation.  Said  order 
to  show  cause  >li!ill  diiccl  the  srcictary  nf  tlie  commission  to  serve  or 
cause   to   be  served    n|/(in    cmiIi    s;iid    nwnci-  ;inil    cdaiuiant,   railroad   corjio- 


1185  PUBLIC  UTILITIES.        •  Act  2886,  $  43 

ration,  street  railroad  corporation  and  governmental  authority  in  interest 
a  copy  of  said  order  certified  under  the  seal  of  the  commission  to  which 
shall  be  attached  a  true  and  correct  copy  of  the  petition  or  order  on 
the  commission's  own  motion;  provided,  that  when  the  proceeding  is 
commenced  hy  order  on  the  commission's  own  motion  said  order  to  show 
cause  may  be  incorporated  in  said  order  on  the  commission's  own  motion. 
Personal  service  shall  be  made  in  accordance  with  the  provisions  of  the 
Code  of  Civil  Procedure  of  the  state  of  California;  provided,  that  ser- 
vice may  also  be  made  by  depositing  a  copy  of  said  order  to  show  cause 
certified  under  seal  of  the  commission  with  a  true  copy  of  the  petition 
or  order  on  the  commission's  own  motion  attached  thereto  or  made  a  part 
thereof  in  the  United  States  mail,  inclosed  in  a  sealed  enveloj^e,  regis- 
tered, with  postage  prepaid,  addressed  to  each  owner  or  claimant,  rail- 
road corporation,  street  railroad  corporation  and  governmental  authority 
in  interest  named  in  said  petition  or  order  on  the  commission's  own 
motion.  If  any  owner  or  claimant  named  in  the  petition  or  order  on 
the  commission's  own  motion  resides  out  of  the  state  or  has  departed 
from  the  state  or  cannot  after  due  diligence  be  found  within  the  state, 
or  conceals  himself  to  avoid  service,  or  is  a  corporation  having  lio  man- 
aging or  business  agent,  cashier  or  secretary  or  other  officer  upon  whom 
summons  may  be  served,  who,  after  due  diligence,  cannot  be  found  within 
the  state,  and  the  fact  appears  by  affidavit  to  the  satisfaction  of  the 
commission,  and  it  also  appears  by  such  affidavit  or  by  the  petition  or 
order  on  the  commission's  own  motion  that  a  cause  of  action  exists 
against  such  owner  or  claimant  on  whom  service  is  to  be  made  and  that 
he  is  a  necessary  or  proper  party  to  the  proceeding,  the  commission  may 
make  an  order  that  the  service  be  made  on  such  owner  or  claimant  by 
publication  of  the  commission's  said  order  to  show  cause.  Said  order  of 
the  commission  shall  direct  that  the  publication  be  made  in  a  newspaper 
to  be  designated  by  the  commission  as  likely  to  give  notice  to  the  owner 
or  claimant  to  be  served,  and  for  such  time  as  the  commission  may  find 
to  be  reasonable,  at  least  onc^a  week,  but  publication  against  an  owner 
or  claimant  residing  out  of  the  state  or  absent  therefrom  shall  not  be 
less  than  two  months.  If  the  address  of  any  owner  or  claimant  as 
stated  in  the  petition  or  order  on  the  commission's  own  motion  is  out 
of  the  state,  the  secretary  of  the  commission  shall  within  fifteen  days 
after  the  making  and  filing  of  said  order  to  show  cause,  deposit  or  cause 
to  be  deposited  a  copy  of  said  order  to  show  cause  certified  under  the 
seal  of  the  commission,  with  a  true  and  correct  copy  of  the  petition 
or  order  on  the  commission's  own  motion  attached  thereto  or  made  a 
part  thereof,  in  the  United  States  mail,  inclosed  in  a  sealed  envelope 
registered,  with  postage  prepaid,  addressed  to  such  owner  or  claimant 
at  the  address  specified  in  the  petition  or  order  on  the  commission's 
own  motion.  Personal  service  of  a  copy  of  the  order  to  show  cause  and 
of  the  petition  or  order  on  the  commission's  own  motion  out  of  the  state 
is  equivalent  to  publication  and  deposit  in  the  United  States  mail. 
Within  ten  days  prior  to  the  time  set  for  the  first  hearing  on  the  peti- 
tion or  order  on  the  commission's  own  motion,  which  time  shall  be  not 
less  than  thirty  days  after  the  filing  of  said  petition  or  tTie  making  of 
75 


Act  2886,  §  43  general  laws.  1186 

said  order  on  the  commission's  own  motion,  the  secretary  shall  serve 
or  cause  to  be  served  upon  the  petitioner  a  written  notice  of  such  hear- 
ing, specifying  the  time  and  place  at  which  such  hearing  shall  be  had. 
In  all  respects  not  in  this  paragraph  otherwise  provided,  service  and  the 
proof  of  service  shall  be  made  as  provided  by  the  Code  of  Civil  Pro- 
cedure of  the  state  of  California.  Upon  the  completion  of  service  upon 
the  petitioner  or  upon  any  owner  or  claimant,  railroad  corporation,  street 
railroad  corporation  or  governmental  authority  in  interest  named  in  the 
petition  or  order  on  the  commission's  own  motion,  the  commission  shall 
have  full  and  complete  jurisdiction  in  so  far  as  such  petitioner,  owner 
or  claimant,  railroad  corporation,  street  railroad  corporation,  or  govern- 
mental authority  in  interest  is  concerned,  to  make  each  finding  herein- 
after referred  to,  to  fix  the  just  compensation  to  be  paid  for  the  acquisi- 
tion of  or  damage  to  any  property  or  interest  in  or  to  property  specified 
in  the  petition  or  order  on  the  commission's  own  motion,  to  designate 
the  party  or  parties  to  the  proceeding  who  shall  pay  such  compensation 
and  the  owner  or  claimant  to  whom  such  compensation  shall  be  paid  and 
to  make  its  final  order  of  condemnation.  The  failure  to  make  such  ser- 
vice upon  any  person  alleging  that  he  is  an  owner  or  claimant  or  party 
in  interest  but  not  named  in  the  petition  or  order  on  the  commission's 
own  motion  or  to  acquire  jurisdiction  over  such  person  shall  in  no  way 
affect  the  jurisdiction  of  the  commission  over  owners  and  claimants  and 
parties  in  interest  on  whom  service  has  been  made  as  in  this  paragraph 
provided.  The  commission  shall  have  power  at  any  time  subsequent  to 
the  filing  of  the  petition,  and  prior  to  making  and  filing  its  finding  of 
just  compensation,  to  authorize  the  amendment  of  the  petition,  or  in  case 
the  proceeding  is  by  order  on  the  commission's  own  motion  to  amend 
said  order,  by  altering  or  modifying  the  description  of  said  property,  or 
interest  in  or  to  property,  or  by  adding  to  or  deducting  from  said  prop- 
erty or  interest  in  or  to  property,  or  by  bringing  in  any  additional 
party  or  parties  and  in  each  other  respect  including  each  jurisdictional 
allegation.  * 

4.  Hearing.  Finding.  At  the  time  and  place  specified  in  said  order 
to  show  cause,  or  at  such  other  time  and  place  as,  for  good  cause,  may 
be  otherwise  ordered  by  the  commission,  the  commission  shall  proceed 
to  a  hearing  upon  the  petition  or  order  on  the  commission's  own  motion. 
When  tlie  proceeding  has  been  submitted  the  commission  shall  make  and 
file  its  finding  upon  the  question  whether  the  use  to  which  the  property 
or  interest  in  or  to  property  is  to  be  applied  is  a  use  authorized  by  law 
and  whether  the  taking  is  necessary  to  such  use,  and  shall  make  and 
file  its  written  finding  and  fixing  the  just  compensation  to  be  paid  for 
said  property  or  interest  in  or  to  property;  provided,  that  if  the  com- 
mission finds  that  seve'rancc  damages  should  be  paid,  the  just  compen- 
sation for  such  damages  shall  be  found  and  stated  separately.  Said  just 
conijtensation  sliall  be  fixed  by  the  commission  as  of  the  day  on  which 
the  petition  was  filed  or  the  order  on  tlic  commission's  own  motion  was 
made.  Tlie  coinniission  shall  also  make  its  order  designating  the  party 
or  parties  to  (iii>  lu'o'-ccding  who  shall  pay  the  just  coni])ensation  so 
fixed,  or  Jiiiy  |iorlioii  thereof,  tlie  amounts  in  which  it  shall  be  paid,  the 
times   ;it    wliidi    it,   sliiill    be    i>ni<l,   tlic    jiroiicrty   or   Interest   in   or   to  prop- 


1187  PUBLIC  UTILITIES.  Act  2886,  §  43 

erty  for  which  it  shall  be  paid,  and  the  owners  and  claimants  of  such 
jiroperty  or  interest  in  or  to  property  to  whom  it  shall  be  paid.  The 
commission  may  prescribe  any  other  terms  or  conditions  with  reference 
to  the  payment  of  such  compensation  as  to  the  commission  may  seem 
proper,  including  a  provision  that  the  money  due  be  paid  to  the  com- 
mission to  be  distributed  to  the  parties  entitled  thereto.  The  party  or 
parties  whom  the  commission  may  designate  to  pay  such  compensation 
or  any  part  thereof  shall  thereupon  become  liable  therefor,  and  may  be 
sued  in  any  court  of  competent  jurisdiction  by  the  party  or  "parties 
entitled  to  such  compensation  as  provided  in  the  commission's  order; 
jirovided,  that  in  cases  in  which  the  order  of  the  commission  authorizing 
any  work  to  be  done  under  the  provisions  of  this  section  is  permissive 
in  character  and  not  mandatory,  the  commission  may  prescribe  the  time 
within  which  the  party  receiving  such  permission  must  elect  to  proceed 
and  notify  the  commission  thereof,  and  only  in  the  event  such  party 
elects  to  proceed  and  so  notifies  the  commission  shall  any  liability  arise 
in  such  cases  to  pay  the  just  compensation  or  any  part  thereof  under 
the  provisions  of  this  subsection.  When  any  political  subdivision  of  the 
state  is  designated  by  the  commission  to  pay  such  compensation  or  any 
portion  thereof  the  same  shall  be  collectible  in  the  manner  provided  in 
subsection  (b)  hereof  for  the  collection  of  expenses  apportioned  by  the 
commission  to  political  subdivisions  of  the  state. 

5.  Final  order  of  condemnation.  When  the  just  compensation  has 
been  paid  in  accordance  with  the  commission's  order  made  under  the 
provisions  of  this  subsection  for  property  or  interest  in  or  to  property, 
the  commission  shall  make  its  final  order  of  condemnation  which  must 
describe  the  property  or  interest  in  or  to  property  condemned  and  the 
purpose  of  such  condemnation.  A  copy  of  said  order  certified  under 
the  seal  of  the  commission  shall  thereupon  be  filed  in  the  office  of  the 
recorder  of  the  county  in  which  the  property  or  interest  in  or  to  prop- 
erty therein  described  is  situated,  and  thereupon  the  property  or  interest 
in  or  to  property  described  therein  shall  vest  in  the  parties  and  for  the 
purposes  specified  in  said  order. 

6.  Finding  final.  Petition  for  rehearing.  The  finding  of  the  commis- 
sion on  the  question  of  the  necessity  for  the  taking  and  the  finding, 
fixing  the  just  compensation  to  be  paid  for  any  property  or  interest  in 
or  to  property  under  the  provisions  of  this  subsection  shall  be  final  and 
shall  not  be  subject  to  modification,  alteration,  reversal  or  review  by 
any  court  of  this  state.  The  provisions  of  this  act  with  reference  to 
rehearing  and  review  shall  be  applicable  to  the  findings  of  the  commis- 
sion made  and  filed  under  the  provisions  of  this  section.  Petitions  for 
rehearing  must  be  filed  within  twenty  days  from  the  date  of  making 
and  filing  the  finding  as  to  which  a  rehearing  is  desired.  If  a  finding 
of  the  commission  made  and  filed  under  the  provisions  of  this  section 
is  set  aside  by  the  supreme  court  of  the  state  of  California,  the  matter 
shall  be  referred  back  to  the  commission  for  further  action  in  a  pro- 
ceeding before  the  commission,  and  the  commission  shall  have  the  right, 
on  taking  further  action,  to  consider  the  entire  testimony  t^heretofore 
taken  in  the  proceeding  before  the  commission  as  well  as  such  further 
testimony,  if  any,  as  may  be  presented  in  connection  with  such  further 
action. 


Act  2886,  §  47  general  laws.  1188 

7.  Procedure  not  exclusive.  The  procedure  provided  in  this  section 
shall  be  alternative  and  cumulative  and  not  exclusive  to  the  right  to  pur- 
sue anj^  other  procedure  now  or  hereafter  established  providing  for  the 
acquisition  under  eminent  domain  proceedings  of  property  or  interest 
in  or  to  property.  , 

8.  Germane  to  jurisdiction.  The  legislature  hereby  declares  that  sub- 
section (c)  hereof  is  enacted  as  a  germane  and  cognate  part  of  and  as 
an  aid  to  the  jurisdiction  of  the  railroad  commission  in  the  supervision 
and  regulation  of  railroad  and  street  railroad  corporations. 

9.  Eight  to  receive  damages.  Nothing  in  this  section  shall  be  con- 
strued to  entitle  any  owner  or  claimant  of  property  and  interest  in  or 
to  property  to  receive  damages  when  the  right  to  receive  such  damages 
does  not  exist  under  the  laws  of  this  state  apart  from  the  provisions  of 
this  section.      [Amendment  approved  May  10,  1917;  Stats.  1917,  p.  320.] 

§47.  Valuation  of  public  utility  property,  (a)  The  commission  shall 
have  power  to  ascertain  for  each  purpose  specified  in  this  act,  the  value 
of  the  property'  of  every  public  utility  in  this  state  and  every  fact  and 
element  of  value  which  in  its  judgment  may  or  does  have  any  bearing 
on  such  value.  The  commission  shall  have  power  to  make  revaluations 
from  time  to  time  and  to  ascertain  the  value  of  all  additions,  better- 
ments, extensions  and  new  construction  to  the  property  of  every  public 
utility. 

(b)  Petition  setting  forth  intention  to  acquire  public  utility.  1.  Any 
county,  cit}^  and  county,  incorporated  city  or  town,  municipal  water  dis- 
trict, county  water  district,  irrigation  district,  public  utility  district 
or  any  other  public  corporation,  each  of  which  is  hereinafter  in  this  sec- 
tion at  times  referred  to  as  the  political  subdivision,  may,  at  any  time, 
file  with  the  commission  either  a  petition,  hereinafter  in  this  section  at 
times  referred  to  as  a  petition  of  the  first  class,  setting  forth  the  inten- 
tion of  the  political  subdivision  to  acquire  under  eminent  domain  pro- 
ceedings, or  otherwise,  the  lands,  property  and  rights  of  any  character 
whatsoever  of  anj'  public  utility,  or  any  part  or  portion  thereof,  or  a 
petition,  hereinafter  in  this  section  at  times  referred  to  as  a  petition  of 
the  second  class,  setting  forth  the  intention  of  the  political  subdivision  to 
initiate  sucli  proceedings  as  may  be  required  under  the  law  governing 
the  political  subdivision  for  the  purpose  of  submitting  to  the  voters  of 
the  political  subdivision  a  proposition  to  acquire  under  eminent  domain 
])roceedings,  or  otherwise,  the  lands,  property  and  rights  of  any  char- 
acter whatsoever  of  any  public  utility,  or  any  part  or  portion  thereof. 

2.  Contents  of  petition.  Commission  asked  to  fix  just  compensation. 
Each  such  petition  shall  coutaiii  the  name  of  the  political  subdivision 
appearing  as  petitioner  therein,  a  description  of  the  lands,  property  and 
rights,  or  of  the  part  or  portion  tlicreof,  which  tlie  political  subdivision 
intends  to  acqniii',  and  (lie  names  and  addresses  of  all  owners  and  claim- 
ants thereof,  incindintr  each  tiiislee  and  mortgagee  umler  each  deed  of 
trust  and  niortgaj^'e.  if  known,  or  a  stulement  thai  tliev  are  unknown. 
The  jictition  shall  pray  that  tiie  commission  lix  the  just  compensation 
which  slial!  be  paid  by  the  ])olitical  Hul)division,  under  the  law,  for  said 
lands,  property   and   rights,   or  said    part   or  portion   thereof.     The   peti- 


1189  PUBLIC  UTILITIES.  Act  2886,  §  47 

tiou  shall  be  signed  in  the  uanic  of  the  politit-al  subdivision  and  verified 
by  the  chairman  or  other  presiding  officer  or  by  the  secretary  or  clerk 
of  the  legislative  or  other  governing  body  of  the  political  subdivision. 
At  the  time  the  petition  is  filed,  the  petitioner  shall  also  file  with  the 
commission  additional  copies  thereof  equivalent  in  number  to  three  more 
than  the  number  of  owners  and  claimants  named  in  the  jietition. 

3.  Order  to  owners  to  appear  before  commission.  Service.  Publica- 
tion. Notice  of  hearing  to  petitioner.  Jurisdiction  of  commission. 
Upon  the  filing  of  the  petition,  the  commission  shall  make  its  order, 
specifying  the  nature  of  the  proceeding,  containing  a  general  description 
of  the  lands,  property  and  rights,  or  the  part  or  portion  thereof  which 
petitioner  desires  to  acquire  by  condemnation,  or  otherwise,  and  direct- 
ing the  owners  and  claimants  named  in  the  petition,  who  shall  also  be 
named  in  said  order,  to  appear  before  the  commission  at  a  time  and 
place  specified  in  the  order,  to  show  cause,  if  any  they  have,  why  the 
commission  should  not  proceed  to  hear  the  petition  and  to  fix  the  just 
compensation  to  be  paid  for  said  lands,  property  and  rights,  or  said  part 
or  portion  thereof.  The  order  shall  direct  the  secretary  of  the  com- 
mission to  serve  or  cause  to  be  served  upon  each  said  owner  and  claim- 
ant a  copy  of  said  order,  certified  under  the  seal  of  the  commission,  to 
which  shall  be  attached  a  true  and  correct  copy  of  the  petition.  Service 
shall  be  made  in  accordance  with  the  provisions  of  the  Code  of  Civil 
Procedure  of  the  state  of  California;  provided,  that  service  may  also  be 
made  by  depositing  a  copy  of  said  order  to  show  cause,  certified  under 
the  seal  of  the  commission,  with  a  true  and  correct  copy  of  the  petition 
attached  thereto,  in  the  United  States  mail,  inclosed  in  a  sealed  envelope, 
registered,  with  postage  prepaid,  addressed  to  any  owner  or  claimant  at 
the  address  specified  in  the  petition.  If  any  owner  or  claimant  named 
in  the  petition  resides  out  of  the  state,  or  has  departed  from  the  state, 
or  cannot,  after  due  diligence,  be  found  within  the  state,  or  conceals 
himself  to  avoid  service,  or  is  a  corporation  having  no  managing  or  busi- 
ness agent,  cashier  or  secretary  or  other  officer  upon  whom  summons  may 
be  served,  who,  after  due  diligence,  cannot  be  found  within  the  state, 
and  the  fact  appears  by  affidavit  to.  the  satisfaction  of  the  commission, 
and  it  also  appears  by  such  affidavit  or  by  the  petition  that  a  cause  of 
action  exists  against  the  owner  or  claimant  on  whom  the  service  is  to  be 
made  or  that  he  is  a  necessary  or  proper  party  to  the  proceeding,  the  com- 
mission shall  make  its  order  that  the  service  be  made  on  such  owner  or 
claimant  by  publication  of  the  commission's  said  order  to  show  cause. 
Said  order  of  the  commission  shall  direct  that  the  publication  be  made 
in  a  newspaper  to  be  designated  by  the  commission  as  likely  to  give 
notice  to  the  person  to  be  served,  and  for  such  time  as  the  commission 
may  find  to  be  reasonable,  at  least  once  a  week;  but  publication  against 
an  owner  or  claimant  residing  out  of  the  state,  or  absent  therefrom  shall 
be  not  less  than  two  months.  If  the  address  of  any  owner  or  claimant, 
as  stated  in  the  petition,  is  out  of  the  state,  the  secretary  of  the  com- 
mission shall,  within  fifteen  days  after  the  making  and  filing  of  said 
order  to  show  cause,  deposit  or  cause  to  be  deposited  a  copy  of  said 
order  to  show  cause,  certified  under  the  seal  of  the  commission,  with  a 
true  and  correct  copy  of  the  petition  attached  thereto,  in  the  United 
States  mail,  inclosed  in  a  sealed  envelope,  registered,  with  postage  pre- 


Act  2886,  §  47  general  laws.  1190 

paid,  addressed  to  such  owner  or  elaimant  at  the  address  specified  in  the 
Ijetition.  When  publication  is  ordered,  personal  service  of  a  copy  of 
the  order  to  show  cause  and  of  the  petition  out  of  the  state  is  equiv- 
alent to  publication  and  deposit  in  the  United  (States  mail.  Within  ten 
days  prior  to  the  time  set  for  the  first  hearing  on  the  petition,  which 
time  shall  be  not  less  than  thirty  days  after  the  filing  v>f  the  petitioa,  the 
secretary  of  the  commission  shall  serve  or  cause  to  be  served  upon  the 
petitioner  a  written  notice  of  such  hearing,  specifying  the  time  and  place 
at  which  such  hearing  will  be  held.  In  all  respects  not  in  this  paragraph 
otherwise  specified,  service  and  the  jjroof  of  service  shall  be  made  as 
provided  by  the  Code  of  Civil  Procedure  of  the  state  of  California. 
Upon  the  completion  of  service  upon  the  iietitioner  or  upon  any  owner 
or  claimant  named  in  the  petition,  the  commission  shall  have  full  and 
complete  jurisdiction  over  such  petitioner,  owner  or  claimant,  with  full 
and  complete  jurisdiction,  in  so  far  as  such  petitioner,  owner  or  claim- 
ant, is  concerned,  to  make  each  finding  hereinafter  referred  to.  The 
failure  to  make  service  upon  any  person  alleging  that  he  is  an  owner  or 
claimant  but  not  named  in  the  petition  shall  in  no  way  affect  the  juris- 
diction of  the  commission  over  owners  and  claimants  on  whom  service 
has  been  made  as  in  this  paragraph  provided. 

4.  Hearing  on  petition.  Amendment  of  petition.  Finding  fixing  com- 
pensation. Severance  damages.  At  the  time  and  place  specified  in  said 
order  to  show  cause,  or  at  such  other  time  and  place  as,  for  good  cause, 
may  be  otherwise  ordered  by  the  commission,  the  commission  shall  pro- 
ceed to  a  hearing  on  the  petition.  At  such  times  and  in  such  amounts 
as  may  be  directed  by  the  commission,  the  political  subdivision  must 
pay  to  the  commission  all  extra  costs  as  determined  by  the  commission, 
which  extra  costs  the  commission  may  incur  to  comply  with  the  require- 
ments of  section  forty-seven  (b)  of  this  act,  and  if  such  amounts  are  not 
paid  by  the  political  subdivision  as  directed  by  the  commission,  the  com- 
mission may  suspend  further  proceedings  on  the  petition.  Evidence  may 
be  i^resented  by  the  political  subdivision,  by  each  owner  or  claimant 
named  in  the  petition,  and  by  the  commission.  The  commission  shall 
have  power,  at  any  time  subsequent  to  the  filing  of  the  petition,  and 
prior  to  making  and  filing  its  finding  as  to  just  compensation,  to  author- 
ize the  amendment  of  the  petition  by  altering  or  modifying  the  descrip- 
tion of  said  lands,  property  and  rights,  or  said  part  or  portion  thereof, 
or  by  adding  to  or  deducting  from  said  lands,  property  and  rights,  or  said 
part  or  portion  thereof,  and  in  each  other  respect  including  each  jurisdic- 
tional allegation.  When  the  proceeding  has  been  submitted,  the  com- 
jnission  shall  make  and  file  its  written  finding  fixing,  in  a  single  sum,  the 
just  compensation  to  be  ]iaid  l)y  the  |)olitical  subdivision  for  said  lands, 
jjroperty  and  rights,  or  said  part  or  portion  thereof;  j)rovided,  that  if  the 
commission  finds  that  severance  damages  should  be  paid,  the  just  com- 
pensation for  such  damages  sliall  be  found  and  stated  separately.  Said 
just  co7npensation  shall  be  fixed  1)y  the  commission  as  of  the  day  on 
wliiidi  tli(!   petition  was  fil<'d  with  the  comniifisinn. 

.".  Acceptance  by  owner.  Execution  of  deed  by  owner.  Action  on 
failure  to  execute  deed.  Within  twenty  days  after  the  commission  has 
made  and   filfd  its  finding,  the  owner  of  said  lands,  ])roperty  and  rights. 


1191  PUBLIC  UTILITIES,  Act  2886,  §  47 

or  of  said  part  or  jiortion  thereof,  may  file  with  the  legislative  or  other 
governing  body  of  the  political  subdivision  a  written  stipulation  con- 
senting and  agreeing  to  accept  the  just  compensation  fixed  by  the  com- 
mission. Upon  the  filing  of  such  written  stipulation,  the  political  sub- 
division must  proceed  with  all  due  diligence  to  provide  the  necessary 
funds  under  the  law  governing  the  providing  of  such  funds  for  paying 
the  just  compensation  fixed  by  the  commission.  Whenever  the  just 
compensation  has  been  tendered  by  the  political  subdivision,  a  deed  of 
grant,  bargain  and  sale  conveying  the  owner's  right,  title  and  interest 
in  and  to  said  lands,  property  and  rights,  or  said  part  or  portion  thereof, 
to  the  political  subdivision,  shall  be  executed  and  delivered  by  the  owner, 
and  the  other  claimants  who  have  any  right,  title  or  interest  in  the 
property  shall  execute  appropriate  instruments  of  conveyance  or  release, 
conveying  or  releasing  to  the  political  subdivision  their  respective  rights, 
titles  and  interests  therein.  If  said  deed  or  said  instruments  of  con- 
veyance or  release  are  not  executed  and  delivered  within  sixty  days 
after  said  tender  has  been  made,  the  political  subdivision  may  com- 
mence an  action  in  a  court  of  competent  jurisdiction  or  proceed  other- 
wise in  the  manner  and  for  the  purpose  or  purposes  specified  in  the 
next  paragraph  of  this  section. 

6.  Action  to  take  lands,  etc.,  under  eminent  domain  proceedings.  Pro- 
ceedings to  submit  proposition  to  voters.  Action  commenced  if  voters 
approve.  In  the  case  of  a  petition  of  the  first  class,  if  the  owner  does 
not  file  said  stipulation  within  said  twenty  days,  the  political  subdivi- 
sion, within  sixty  days  after  the  commission  has  made  and  filed  its  said 
finding,  must  commence  an  action  in  a  court  of  competent  jurisdiction 
in  a  manner  in  accordance  with  the  provisions  of  law,  to  take  under 
eminent  domain  proceedings  said  lands,  property  and  rights,  or  said  part 
or  portion  thereof.  In  the  case  of  a  petition  of  the  second  class,  if 
the  owner  does  not  file  said  stipulation  within  said  twenty  days,  the 
political  subdivision,  within  sixtj'  days  after  the  commission  has  made 
and  filed  its  said  finding,  must  initiate  proceedings  for  the  purpose 
of  submitting  to  its  voters  a  proposition  to  acquire  under  eminent  do- 
main proceedings  said  lands,  property  and  rights,  or  said  part  or  por- 
tion thereof.  The  political  subdivision  shall  not  be  required,  in  either 
case,  to  delay  for  more  than  twenty  days  after  the  commission  has 
made  and  filed  its  finding,  before  commencing  said  further  proceedings. 
In  the  case  of  a  petition  of  the  second  class,  if  the  voters  of  the 
political  subdivision,  shall  thereafter,  as  provided  by  the  law  governing 
said  political  subdivision,  vote  in  favor  of  any  proposition  to  acquire  under 
eminent  domain  proceedings,  or  otherwise,  said  lands,  property  and 
rights,  or  said  part  or  portion  thereof,  the  political  subdivision  shall, 
within  sixty  days  after  its  voters  have  so  voted  in  favor  of  such 
acquisition,  commence  an  action  in  a  court  of  competent  jurisdiction 
in  a  manner  in  accordance  with  the  provisions  of  law,  to  take  under 
eminent  domain  proceedings  said  lands,  property  and  rights,  or  said  part 
or  portion  thereof,  unless  the  owmer  shall  have  filed  with  the  political 
subdivision  a  written  stipulation  consenting  and  agreeing  to  accept  the 
just  compensation  fixed  by  the  commission. 

7.  Petition  by  owner  on  failure  of  political  subdivision  to  take  action. 
Notice  to  political  subdivision  to  appear.     Expenses  of  owner  assessed. 


Act  2886,  §  47  general  laws.  1192 

Against  political  subdivision.  If  the  political  subdivision,  in  a  petition 
of  the  first  class,  fails  to  file  said  action  in  a  court  of  competent  jurisdic- 
tion witiiin  said  period  of  sixty  days  after  tlie  commission  has  made 
and  filed  its  said  finding,  or  if  the  political  subdivision  in  a  petition 
of  the  second  class,  fails  to  proceed  diligently  to  submit  said  proposition 
to  its  voters  or  fails,  if  its  voters  have  voted  in  favor  of  the  acquisition 
of  said  lands,  property  and  rights,  or  of  said  part  or  portion  thereof, 
to  file  said  action  in  a  court  of  competent  jurisdiction  within  sixty  days 
after  the  voters  have  voted  in  favor  of  said  acquisition,  the  owner  of 
such  lands,  property  and  rights,  or  of  said  part  or  portion  thereof,  may 
file  with  the  commission  a  verified  petition  in  writing  setting  forth  said 
fact,  which  petition  may  also  set  forth  in  detail  the  expenditures  which 
the  owner  has  necessarily  incurred  in  the  proceeding  before  the  commis- 
sion. The  commission  shall  thereupon  cause  written  notice  of  not  less 
than  ten  days,  with  a  true  and  correct  copy  of  the  owner's  said  petition 
attached  thereto,  to  be  served  upon  the  political  subdivision,  to  appear 
before  the  commission  at  a  time  and  place  specified  in  the  notice,  to 
show  cause  why  an  order  should  not  be  made  by  the  commission  (1) 
finding  that  the  political  subdivision  has  failed  to  pursue  diligently 
its  rights  herein  conferred,  (2)  determining  that  said  finding  as  to  just 
compensation  shall  no  longer  be  of  any  force  or  effect,  and  (3)  deter- 
mining the  reasonable  expenditures  necessarily  incurred  by  the  owner 
which,  in  the  opinion  of  the  commission,  should  be  assessed  against 
the  political  subdivision.  If  the  commission  shall  determine  that  the 
7)olitical  subdivision,  in  case  of  a  petition  of  the  first  class,  has  failed 
to  commence  said  action  in  a  court  of  competent  jurisdiction  within 
said  period  of  sixty  days  after  the  commission  has  made  and  filed  its 
said  finding  of  just  compensation,  or  that  the  political  subdivision,  in 
case  of  a  petition  of  the  second  class,  has  failed  to  proceed  diligently 
to  submit  said  proposition  to  its  voters  or  has  failed,  after  its  voters 
have  voted  in  favor  of  the  acquisition  of  said  lands,  property  or  rights, 
or  said  part  or  portion  thereof,  to  file  said  action  in  a  court  of  compe- 
tent jurisdiction  within  said  sixty  days  after  the  voters  have  voted  in 
favor  of  said  acquisition,  the  commission  shall  make  and  file  its  order 
declaring  that  said  finding  shall  no  longer  be  of  any  force  or  effect, 
and  makes  its  finding  as  to  the  reasonable  expenditures  necessarily 
incurred  by  the  owner  in  the  proceeding  before  the  commission,  which 
the  commission  may  find  should  be  assessed  against  the  political  subdi- 
vision. The  political  subdivision  shall  thereupon  be  liable  to  the  owner  in 
the  amount  thus  found  by  the  commission  and  the  owner  may  thereupon 
maintain  an  action  against  the  political  subdivision  for  said  amount  in 
:iiiy  roiirt   of  competent  Jnrisiliction. 

s.  Finding  of  commission  final.  Judgment  of  court.  Tlie  finding  of 
flic  cominissioii  fixing  1  lie  just  coiiiiiciisnt  ion  to  be  ]iaid  by  tlie  political 
sul)divisioii  for  said  hmds,  |ir(»|i('ity  ;ind  rights,  oi-  said  ]iart  or  jiortiou 
thereof,  siiall  be  (iiml  iiiid  shall  luit  ])o  suhject  to  modification,  altera- 
tion, reversal  or  review  by  any  court  of  tliis  state.  The  court  in  which 
the  f)olitical  Hul)division  -liall  }ia\c  cdniiiKMuod  its  action,  subsecpient 
to  the  making  and  liliiig  Ijv  the  coniinission  of  its  finding  as  to  just 
compensation,  as  hfrcinlicldn'  siK'cilicd,  if  said  court  sluill  first  decide 
that    the   [lolitical   snhdix  ision    lias   tin'   right    and    |io\v('r   midiM'   the   law   to 


1193  PUBLIC  UTiLiTiER.  Act  2886,  §  47 

take  said  ];iu(.ls,  pruperty  and  rights,  or  said  part  or  portion  thereof, 
shall  enter  a  judgment  in  favor  of  the  complainant  in  said  action,  as 
provided  by  law,  fixing  as  the  just  compensation  which  shall  be  paid 
for  the  taking  of  said  lands,  property  and  rights,  or  said  part  or  por- 
tion thereof,  the  just  compensation  fixed  by  the  commission.  The  judg- 
ment may  include  therein  the  allowance  of  such  costs  between  the  par- 
ties as  is  provided  for  in  the  law  of  eminent  domain  of  this  state.  The 
judgment  of  said  court  in  so  far  as  it  refers  to  the  just  compensation 
to  be  paid  for  said  lands,  property  and  rights,  or  said  part  or  portion 
thereof,  shall  be  final  and  shall  not  be  subject  to  modification,  alteration, 
reversal  or  review  by  any  court  except  as  hereinafter  in  section  forty - 
seven  (b)  of  this  act  specified.  The  judgment  of  said  court  shall  include 
a  provision,  in  substance,  that  said  judgment  is  subject  to  modification 
by  reason  of  such  increase  or  decrease  in  the  just  compensation  to  be 
])aid  as  may  thereafter  be  certified  to  said  court  by  the  commission,  as 
hereinafter  in  section   forty-seven    (h)   of  this  act  jjrovided. 

9.  Petition  by  owner  asking  increase  in  compensation.  Petition  by 
political  subdivision  asking  decrease  in  compensation.  Hearing.  Order 
increasing  or  decreasing,  compensation.  Judgment  of  court  modified. 
At  any  time  within  thirty  days  subsequent  to  the  entry  of  said  judgment 
of  said  court,  the  owner  of  said  lands,  property  and  rights,  or  said  part 
or  portion  thereof,  may  file  with  the  commission  a  verified  petition  in 
writing,  alleging  that  by  reason  of  expenditures  made  by  the  owner  sub- 
sequent to  the  date  of  the  filing  of  the  original  petition  with  the  com- 
mission, for  the  purpose  of  preserving  or  improving  said  lands,  property 
and  rights,  or  said  part  or  portion  thereof,  or  by  reason  of  other  acts 
and  occurrences  subsequent  to  said  date,  the  just  compensation  thereto- 
fore fixed  by  the  commission  should  be  increased  and  praying  that  the 
commission  make  its  finding  increasing  said  just  compensation.  At  any 
time  within  thirty  days  subsequent  to  the  entry  of  said  judgment  of 
said  court,  the  political  subdivision  may  file  with  the  commission  a  veri- 
fied petition  in  writing,  alleging  that  by  reason  of  loss  or  destruction 
of  said  lands,  property  and  rights,  or  said  p)art  or  portion  thereof,  or 
a  part  thereof,  or  by  reason  of  depreciation  or  deterioration  thereof 
or  by  reason  of  other  acts  and  occurrences,  subsequent  to  the  date  of 
the  filing  of  the  original  petition  with  the  commission,  the  just  com- 
pensation theretofore  fixed  by  the  commission  should  be  decreased  and 
praying  that  the  commission  make  its  finding  decreasing  said  just  com- 
])ensation.  The  commission  shall,  in  each  instance,  cause  a  copy  of  said 
])etition  or  petitions  to  be  served  ujjon  each  party,  other  than  the  peti- 
tioner, who  was  named  as  the  political  subdivision,  owner  or  claimant 
in  the  original  proceeding  before  the  commission,  together  with  a  writ- 
ten notice  specifying  the  time  and  place  of  hearing  on  said  petition 
or  petitions,  which  time  shall  be  within  forty-five  days  after  the  entry 
of  said  judgment  by  said  court,  and  shall  cause  written  notice  of  the 
time  and  place  of  said  hearing  to  be  served  upon  each  petitioner  in  said 
])etition  or  petitions.  If  both  such  petitions  are  filed,  the  commission 
shall  have  the  power  to  consolidate  said  petitions  for  hearing  and 
decision.  After  a  hearing,  the  commission  shall  make  and  file  its  finding 
fixing,  as  of  the  date  on  which  such  finding  is  made  and  filed,  the  extent 
^o  which  the  just  compensation  theretofore  fixed  should  be  increased  or 


Act  2886,  §  47  general  laws.  1194 

decreased  by  reason  of  the  matters  alleged  in  said  petition  or  petitions. 
If  the  claim  is  made  that  the  just  compensation  theretofore  fixed  by 
the  commission  should  be  increased  by  reason  of  expenditures  made  bj' 
the  owner  subsequent  to  the  date  of  the  filing  of  the  original  petition 
with  the  commission  for  the  purpose  of  preserving  or  improving  said 
lands,  property  and  rights,  or  said  part  or  portion  thereof,  the  commis- 
sion may  increase  said  just  compensation,  by  reason  of  such  expendi- 
tures, only  to  the  extent  to  which  the  commission  shall  determine  that 
such  expenditures  were  beneficial  to  said  lands,  property  and  rights,  or 
said  part  or  portion  thereof,  and  reasonably  and  prudently  made.  The 
finding  of  the  commission  fixing  the  extent  to  which  the  just  compen- 
sation theretofore  fixed  should  be  thus  increased  or  decreased  shall  be 
final  and  shall  not  be  subject  to  modification,  alteration,  reversal  or 
review  by  any  court  of  this  state.  The  commission  shall  thereupon 
transmit  to  said  court  its  finding,  certified  under  the  seal  of  the  com- 
mission, fixing  the  extent  to  which  the  just  compensation  theretofore 
fixed  by  the  commission  shall  be  increased  or  decreased.  Said  court 
shall  thereupon  modify  its  judgment  so  as  to  conform  with  said  finding 
of  the  commission.  The  judgment  of  said  court,  as  thus  modified,  in 
so  far  as  it  refers  to  the  just  compensation  to  be  paid  for  said  lands, 
property  and  rights,  or  said  part  or  portion  thereof,  shall  be  final  and 
shall  not  be  subject  to  modification,  alteration,  reversal  or  review  by 
any  court.  The  filing  of  either  or  both  the  petitions  in  this  paragraph 
specified  shall  not  act  as  a  stay  of  the  judgment  in  condemnation,  but 
upon  the  payment  of  the  just  compensation  fixed  in  the  original  judg- 
ment of  condemnation  the  plaintiff  in  the  action  in  said  court  shall  be 
entitled  to  immediate  possession  of  said  lands,  property  and  rights,  or 
of  said  part  or  portion  thereof. 

10.  Finding  set  aside  by  supreme  court.  Writ  of  review.  Extension 
of  time.  The  provisions  of  this  act  with  reference  to  rehearing  and 
review  shall  be  applicable  to  the  findings  of  the  commission  made  and 
filed  under  the  provisions  of  section  forty-seven  (h)  of  this  act.  Peti- 
tions for  rehearing  must  be  filed  within  twenty  days  from  the  date  of 
making  and  filing  the  finding  as  to  which  a  rehearing  is  desired.  If  a 
finding  of  the  commission  made  and  filed  under  the  provisions  of  sec- 
tion forty-seven  (b)  of  this  act  is  set  aside  by  the  supreme  court  of  the 
state  of  California,  the  matter  shall  be  referred  back  to  the  commission 
for  further  action  in  the  proceeding  before  the  commission,  and  the  com- 
mission shall  have  the  right,  in  taking  further  action,  to  consider  the 
entire  testimony  theretofore  taken  in  the  proceeding  before  the  commis- 
sion as  well  as  such  further  testimony,  if  any,  as  may  be  presented  in 
connection  with  such  further  action.  Should  a  writ  of  review  be  ob- 
tained from  the  supreme  court  of  the  state  of  California,  the  time  within 
whicli  the  [jolitieal  subdivision  must  file  an  action  in  a  court  of  compe- 
tent jurisdiction  or  submit  said  proposition  to  its  voters  shall  be  extended 
to  not  more  than  sixty  days  beyond  the  final  decision  of  the  supreme 
court   ufion   said   writ  of  review. 

11.  Procedure  not  exclusive.  Tiie  procedure  provided  in  section  forty- 
seven  (h)  of  this  act  shall  be  considered  as  alternative  and  cumulative 
and   not   exclusive   and   the   political   subdivision   shall  continue   to   have 


119")  PUBLIC  UTILITIES.  Act  2886,  §  50 

tlie  right  to  pursue  any  other  procedure  now  or  hereafter  established 
providing  for  the  acquisition  under  eminent  domain  proceedings  of  the 
lands,  property  and  rights,  or  any  part  or  portion  thereof,  of  any  public 
utility,  and  section  forty-seven  (b)  of  this  act  shall  not  be  construed 
as  repealing  any  law  of  this  state  providing  for  such  eminent  domain 
proceedings.  Section  forty-seven  (b)  of  this  act  shall  not  affect  pending 
actions  or  proceedings,  but  the  same  may  be  prosecuted  and  defended 
with  the  same  effect  as  though  section  forty-seven  (b)  had  not  been 
amended.      [Amendment  approved  May  5,  1917;  Stats.  1917,  p.  261.] 

§  50.  New  construction  only  after  commission's  certificate,  (a)  No 
railroad  corporation  whose  railroad  is  operated  primarily  by  electric 
energy,  street  railroad  corporation,  gas  corporation,  electrical  corpora- 
tion, telegraph  corporation,  telephone  corporation  or  water  corporation 
shall  henceforth  begin  the  construction  of  a  street  railroad,  or  of  a  line, 
plant,  or  system,  or  of  any  extension  of  such  street  railroad,  or  line, 
plant,  or  system,  without  having  first  obtained  from  the  commission  a 
certificate  that  the  present  or  future  public  convenience  and  necessity 
require  or  will  require  such  construction;  provided,  that  this  section 
shall  not  be  construed  to  require  any  such  corporation  to  secure  such 
certificate  for  an  extension  within  any  city  and  county,  or  city  or  town 
within  which  it  shall  have  theretofore  lawfully  commenced  operations, 
or  for  an  extension  into  territory  either  within  or  without  a  city  and 
county,  or  city  or  town,  contiguous  to  its  street  railroad,  or  line,  plant, 
or  system,  and  not  theretofore  served  by  a  public  utility  of  like  charac- 
ter, or  for  an  extension  within  or  to  territory  already  served  by  it, 
necessary  in  the  ordinary  course  of  its  business;  and  provided,  further, 
that  if  any  public  utility,  in  constructing  or  extending  its  line,  plant, 
or  system,  shall  interfere  or  be  about  to  interfere  with  the  operation 
of  the  line,  plant,  or  system  of  any  other  public  utility,  already  con- 
structed, the  commission,  on  compfaint  of  the  public  utility  claiming 
to  be  injuriously  affected,  may,  after  hearing,  make  such  order  and 
prescribe  such  terms  and  conditions  for  the  location  of  the  lines,  plants, 
or  systems  affected  as  to  it  may  seem  just  and  reasonable. 

(b)  Exercise  of  rights  under  franchise  only  when  necessity  requires. 
No  public  utility  of  a  class  specified  in  subsection  (a)  hereof  shall  hence- 
forth exercise  any  right  or  privilege  under  any  franchise  or  permit 
hereafter  granted,  or  under  any  franchise  or  permit  heretofore  granted 
but  not  heretofore  actually  exercised,  or  the  exercise  of  which  has 
been  suspended  for  more  than  one  year,  without  first  having  obtained 
from  the  commission  a  certificate  that  public  convenience  and  necessity 
require  the  exorcise  of  such  right  or  privilege;  provided,  that  when 
the  commission  shall  find,  after  hearing,  that  a  public  utility  has  here- 
tofore begun  actual  construction  work  and  is  prosecuting  such  work, 
in  good  faith,  uninterruptedly  and  with  reasonable  diligence  in  pro- 
portion to  the  magnitude  of  the  undertaking,  under  any  franchise  or 
permit  heretofore  granted  but  not  heretofore  actually  exercised,  such 
public  utility  may  proceed,  under  such  rules  and  regulations  as  the 
commission  may  prescribe,  to  the  completion  of  such  work,  and  may, 
after  such  completion,  exercise  such  right  or  privilege;  and  provided, 
further,  that  this  section   shall   not  be  construed   to  validate  any  right 


Act  2886,  §50  general  laws.  1196 

or  privilege   now  invalid   ur   hereafter  beeoining  invalid  under  any   law 
of  this  state. 

(c)  Articles  of  incorporation  must  be  filed.  Certificate  authorizing 
construction.  Before  any  certificate  may  issue,  under  this  section,  a 
certifiod  copy  of  its  articles  of  incori^oration  or  charter,  if  the  applicant 
be  a  corporation,  shall  be  filed  in  the  office  of  the  commission.  Every 
applicant  for  a  certificate  shall  file  in  the  office  of  the  commission  such 
evidence  as  shall  be  required  by  the  commission  to  show  that  such 
applicant  has  received  the  required  consent,  franchise  or  permit  of  the 
proper  county,  city  and  county,  municipal  or  other  public  authority. 
When  a  complaint  has  been  filed  with  the  commission  alleging  that  a 
public  utility  of  the  class  specified  in  subsection  (a)  of  this  section  is 
engaged  or  is  about  to  engage  in  construction  work  without  having 
secured  from  the  commission  a  certificate  of  public  convenience  and 
necessity  as  required  by  the  provisions  of  this  section,  the  commission 
shall  have  power,  with  or  without  notice,  to  make  its  order  requiring  the 
public  utility  complained  of  to  cease  and  desist  from  such  construction 
until  the  commission  makes  and  files  its  decision  on  said  complaint  or 
until  the  further  order  of  the  commission.  The  commission  shall  have 
power,  after  hearing,  to  issue  said  certificate,  as  prayed  for,  or  to  refuse 
to  issue  the  same,  or  to  issue  it  for  the  construction  of  a  portion  only 
of  the  contemplated  street  railroad,  line,  plant  or  system,  or  extension 
thereof,  or  for  the  j)artial  exercise  only  of  said  right  or  privilege,  and 
may  attach  to  the  exercise  of  the  rights  granted  by  said  certificate  such 
terms  and  conditions,  including  provisions  for  the  acquisition  by  the 
public  of  such  franchise  or  permit  and. all  rights  acquired  thereunder 
and  all  works  constructed  or  maintained  by  authority  thereof,  as  in  its 
judgment  the  public  convenience  and  necessity  may  require.  If  a 
public  utility  desires  to  exercise  a  right  or  privilege  under  a  franchise 
or  permit  which  it  contemplates  securing,  but  which  has  not  as  yet  been 
granted  to  it,  such  public  utility  may  apply  to  the  commission  for  an 
order  preliminary  to  the  issue  of  the  certificate.  The  commission  may 
thereupon  make  an  order  declaring  that  it  will  thereafter,  upon  applica- 
tion, under  such  rules  and  regulations  as  it  may  prescribe,  issue  the 
desired  certificate,  upon  such  terms  and  conditions  as  it  may  designate, 
after  the  public  utility  has  obtained  the  contemplated  franchise  or 
permit.  Upon  the  presentation  to  the  commission  of  evidence  satisfac- 
tory to  it  that  such  franchise  or  permit  has  been  secured  by  such  public 
utility,  the  commission  shaD  thereupon  issue  such  certificate. 

(d)  State's  reserved  power  over  utilities.  The  legislature  hereby 
declares  that  the  provisions  of  this  section  are  being  enacted  under  the 
state's  rcserveil  power  over  public  utilities  or  corporations,  or  both,  as 
the  case  may  bo,  for  the  purj)ose  of  acting  on  the  right  of  the  grantee 
of  a  public  utility  franchise  granted  by  a  county,  city  and  county  or 
incorporated  city  or  town,  to  exercise  right  thereunder,  and  not  for 
the  purpose  of  acting  on  the  right  of  any  city  and  county  or  incorporated 
city  or  town  to  grant  any  sucli  franchise.  The  legislature  hereby 
declares  that  the  |)roviHioiis  of  tliis  section  shall  be  and  remain  in  full 
force  and  efl'cit  (••nicnnrnl  I  y  willi  the  riglit  of  any  city  and  county 
or    incorporated    city    or    town    tn    giiuit    franchises   for   public    utilities 


1197  PUBLIC  UTILITIES.  Act  288G,  §  70 

iijiou    tlie    tiMiiis   and    conditions   and   in    the   manner   prescribed    by    law. 
[Amendment  ajiproved   April   20,  1917;   Stats.    1917,  p.   168.] 

§  70.  Hearing  on  value  of  property.  Notice.  Filing  of  findings  of 
fact.  Hearings  for  making  revaluations.  For  the  pnrpose  of  ascertain- 
ing the  matters  and  things  specified  in  section  forty-seven  (a)  of  this 
act  concerning  the  value  of  the  ^jroperty  of  public  utilities,  the  com- 
mission may  cause  a  hearing  or  hearings  to  be  held  at  such  time  or  times 
and  place  or  places  as  the  commission  may  designate.  Before  any  hear- 
ing is  had,  the  commission  shall  give  the  public  utility  affected  thereby 
at  least  thirty  days'  written  notice,  specifying  the  time  and  place  of 
such  hearing,  and  such  notice  shall  be  sufficient  to  authorize  the  com- 
mission to  inquire  into  the  matters  designated  in  this  section  and  in 
said  section  forty-seven  (a)  of  this  act,  but  this  provision  shall  not 
prevent  the  commission  from  making  any  preliminary  examination  or 
investigation  into  the  matters  herein  referred  to.  All  public  utilities 
affected  shall  be  entitled  to  be  heard  and  to  introduce  evidence  at  such 
hearing  or  hearings.  The  evidence  introduced  at  such  hearing  shall 
be  reduced  to  writing  and  certified  under  the  seal  of  the  commission. 
The  commission  may  make  and  file  its  findings  of  fact  in  writing  upon 
such  matters  concerning  which  evidence  shall  have  been  introduced 
before  it  as,  in  its  judgment,  have  bearing  on  the  value  of  the  property 
of  the  public  utility  affected.  Such  findings  shall  be  subject  to  review 
by  the  supreme  court  of  this  state  in  the  same  manner  and  within  the 
same  time  as  other  orders  and  decisions  of  the  commission.  The  find- 
ings of  the  commission  so  made  and  filed,  when  properly  certified  under 
the  seal  of  the  commission,  shall  be  admissible  in  evidence  in  any  action, 
proceeding  or  hearing  before  the  commission  or  any  court,  in  which 
the  commission,  the  state  or  any  officer,  department  or  institution  thereof, 
or  any  county,  city  and  county,  municipality  or  other  body  politic  and 
the  public  utility  affected  may  be  interested  whether  arising  under  the 
provisions  of  this  act  or  otherwise,  and  such  findings,  when  so  intro- 
duced, shall  be  conclusive  evidence  of  the  facts  therein  stated  as  of 
the  date  therein  stated  under  conditions  then  existing,  and  such  facts 
can  only  be  controverted  by  showing  a  subsequent  change  in  conditions 
bearing  upon  the  facts  therein  determined.  The  commission  may,  from 
time  to  time,  cause  further  hearings  and  investigations  to  be  had  for 
the  purpose  of  making  revaluations  or  ascertaining  the  value  of  any 
additions,  betterments,  extensions  and  new  construction  made  by  any 
public  utility  subsequent  to  any  prior  hearing  or  investigation,  and  may 
examine  into  all  matters  which  may  change,  modify  or  affect  any  finding 
of  fact  previously  made,  and  may  at  such  time  make  findings  of  fact 
supplementary  to  those  theretofore  made.  Such  hearings  shall  be  had 
upon  the  same  notice  and  be  conducted  in  the  same  manner  and  the 
findings  so  made  shall  have  the  same  force  and  effect  as  is  provided 
herein  for  such  original  notice,  hearing  and  findings;  provided,  that  such 
findings  made  at  such  supplemental  hearings  or  investigations  shall  be 
considered  in  connection  wuth  and  as  a  part  of  the  original  findings, 
except  in  so  far  as  such  supplemental  findings  shall  change  or  modify 
the  findings  made  at  the  original  hearing  or  investigation.  [Amendment 
approved  May  5,  1917;   Stats.   1917,  p.  269.]. 


Acts  2936e,  2956d  general  laws.  1198 

TITLE  445. 

EAILEOADS. 
ACT  2936e. 

An  act  to  provide   for  the  equipment   of  steam  locomotives   with   auto- 
matic  bell-ringing   devices. 

[Approved  June  1,  1917.     Stats.  1917,  p.  1645.] 

§  1.  Automatic  bell-ringing  devices  on  locomotives.  Every  railroad 
forporation,  or  receiver  or  lessee  thereof,  operating  any  line  of  railroad 
in  this  state  by  steam  locomotives,  shall  within  one  year  after  the 
passage  of  this  act  or  within  such  additional  time  as  may  be  prescribed 
by  order  of  the  railroad  commission  of  California  after  such  railroad 
or  receiver  or  lessee  thereof  has  made  a  proper  showing  of  its  inability 
to  comply  therewith,  equip  all  steam  locomotives  used  or  to  be  used  in 
the  hauling  or  propelling  of  trains  over  said  railroad  with  a  bell-ringer 
apparatus  or  device  which  apparatus  or  device  when  set  in  operation 
will  ring  and  continue  to  ring  the  locomotive  bell  automatically,  such 
apparatus  or  device  being  so  constructed  that  it  may  be  set  in  opera- 
tion from  either  or  both  sides  of  the  locomotive  cab. 

§  2.  Penalty.  Any  railroad  company,  receiver  or  lessee  thereof,  oper- 
ating any  line  of  railroad  within  this  state  by  steam  locomotives,  violat- 
ing the  provisions  of  this  act  shall  be  punished  by  a  fine  of  not  less  than 
one  hundred  dollars  or  more  than  one  thousand  dollars  for  each  offense. 

TITLE  448. 
EECLAMATION  DISTEICTS. 

ACT  2956d. 

An  act  defining  henceforth  the  exterior  boundaries  of  Eeclamation  Dis- 
trict jSTo.  108,  situate  partly  in  the  counties  of  Colusa  and  Yolo,  and 
providing  for  the  liquidation  of  the  affairs  of  Eeclamation  District 
No.  108,  as  it  now  exists,  its  exterior  boundaries  being  described 
in  that  certain  act  of  the  legislature,  approved  May  18,  1915  and 
approving  the  acts  and  proceedings  of  the  said  district,  as  defined 
in  the  said  act  of  May  18,  1915,  and  the  board  of  trustees  thereof, 
and  providing  for  the  continuation  in  office  of  the  present  trustees 
of  said  district,  and  for  the  election  and  qualification  of  their 
successors,  and  providing  that  in  the  management  and  control  of 
the  affairs  of  said  Eeclanuition  District  No.  108,  as  defined  in  this 
act,  that  it  is  subject  to  tlie  provisions  of  the  Political  Code  ot  the 
state  of  California,  and  1o  ;ill  other  laws  of  the  state,  except  as 
provided  in  the  said  act,  in  connection  with  the  issuance  and  pay- 
ment of  warrants  and  1  lie  payment  of  assessments,  providing  that 
all  moneys  of  the  said  district  shall  be  paid  and  deposited  with  the 
county  treasurer  of  Colusa  county,  ami  conferring  jurisdiction  upiTn 
the  board  of  supervisors  of  the  county  of  Colusa  as  to  all  matters 
concerning  said  district,  and  providing  also  for  the  management  and 
control  and  administration  of  the  affairs  of  said  district.  [Approved 
May  2(),  1917.  Stats.  1917,  p.  1219.  In  effect  July  27,  1917.] 
The   nature   of   the   ad    aiipears   t'limi    the   title. 


1190  '11ECL.VMATI0N  DISTRICTS.  Act  2966e,  §  2 

ACT  2966e. 

An  act  to  create  a  reclamation  district  to  be  called  Reclamation  District 
No.  1001,  and  providing  for  the  management  and  control  thereof, 
and  dissolving  certain  levee  districts,  swamp-land,  districts  and 
reclamation  districts  within  the  boundaries  of  said  Ket-lamation 
District  No.  1001,  and  providing  for  the  liquidation  and  winding 
up  of  said  dissolved  districts. 

[Approved  April  8,  1911.     Stats.  1911,  p.  831.] 

Amended  1917;  Stats.  1917,  p.  969. 

The  amendment  of  1917  follows: 

§  2.  Management  vested  in  trustees.  Funds.  Rights  and  powers. 
What  laws  apply.  The  management  and  control  of  the  said  district  is 
hereby  made  subject  to  the  provisions  of  the  Political  Code  of  the 
state  of  California,"  and  other  laws  of  the  state,  relative  to  reclamation 
districts  formed  under  the  provisions  of  the  said  Political  Code,  or  such 
as  may.  be  hereafter  enacted,  and  is  hereby  vested  in  three  trustees,  who 
shall  be  elected  in  the  manner  prescribed  by  law,  and  who  shall  have 
and  exercise  all  the  j^owers  and  duties  conferred  or  imposed,  upon  trus- 
tees of  reclamation  districts  by  law;  provided,  however,  that  the  trustees 
now  in  office  shall  continue  to  hold  office  for  the  remainder  of  the  terms 
for  which  they  were  respectively  elected.  In  case  of  any  vacancy  in 
the  office  of  trustee  of  the  said  district,  the  board  of  supervisors  of  the 
said  county  of  Sutter  shall  aj^point  a  qualified  person  as  trustee,  who 
shall  hold  the  said  office  for  the  unexpired  term.  The  office  of  the  said 
district  shall  be  in  Nicolaus,  county  of  Sutter.  The  board  of  supervisors 
of  the  county  of  Sutter  shall  have  jurisdiction  of  all  matters  concerning 
said  district.  All  funds  of  the  said  district  shall  be  deposited  in  the 
county  treasury  of  the  said  county  of  Sutter,  and  shall  be  disbursed 
by  the  treasurer  of  the  said  county  of  Sutter  in  payment  of  the  war- 
rants of  the  said  district.  The  said  district  shall  have  power  to  make 
by-laws  in  conformity  with  the  provisions  of  law,  and  shall  have  ail 
the  rights  and  powers  which  are  now  or  may  hereafter  be  conferred  by 
the  provisions  of  the  Political  Code,  or  by  other  laws  of  the  state,  upon 
reclamation  or  swamp-land  districts,  and  shall  also  have  the  right  and 
power  of  purchasing  real  and  personal  property  and  rights  of  way, 
within  the  boundaries  of  said  district,  or  outside  thereof,  that  may' be 
necessary  or  desirable  to  carry  out  the  purposes  of  the  said  district, 
or  to  acquire  the  same  by  condemnation  proceedings,  in  the  manner 
provided  by  law,  and  shall  have  the  right  and  power  to  join  in  with 
other  reclamation  districts,  levee  districts,  or  swamp  land  districts,  or 
other  persons,  in  the  construction  and  maintenance  of  levee  and  recla- 
mation works,  and  to  contract  as  to  the  same,  and  also  to  do  all  other 
acts  and  things  that  may  be  lawfully  done  by  any  reclamation  district. 
All  laws  and  parts  of  laws,  now  existing,  or  that  may  hereafter  be  en- 
acted, relative  to  the  qualification  of  electors  for  trustees,  election  of 
trustees,  levy  and  collection  of  assessments,  disbursements  of  funds, 
and  the  management  and  control  of  reclamation  districts,  and  in  and 
to  all  other  matters  pertaining  to  the  management,  control,  or  administra- 
tion of  reclamation  districts  are,  so  far  as  the  same  may  be  applicable. 


Act  2966m,  §§  1-3     general  laws.  1200 

made  a  part  of  this  act,  and  shall  bo  deemed  to  be  incorporated  herein. 
[Amendment  approved  May  26,  1917;  8tats.  1917,  p.  969.] 

ACT  2966m. 

An  act  to  create  a  reclamation  district  to  be  called  "Eeclamation  District 
Xumber  Two  Thousand  Twenty,"  and  providing  for  the  control  and 
management  thereof,  and  repealing  all  acts  and  parts  of  acts  incon- 
sistent with  this  act. 

[Approved  May  26,  1917.     Stats.  1917,  p.  956.     In  effect  July  27,  1917.] 

§  1.  Eeclamation  District  No.  2020  created.  A  reclamation  district 
is  hereby  created  to  be  called  Eeclamation  District  Number  Two  Thou- 
sand Twenty  and  the  boundaries  of  such  reclamation  district  shall  be  as 
follows: 

Commencing  at  the  southwest  corner  of  section  thirty-six,  township  five 
north,  range  seven  east.  Mount  Diablo  base  and  meridian,  in  the  county 
of  San  Joaquin,  state  of  California,  thence  east  one-half  mile  to  south 
quarter  corner  of  said  section  thirty-six,  thence  north  one-quarter  mile, 
thence  east  one-quarter  mile,  thence  north  three-quarters  of  a  mile, 
thence  east  one-quarter  of  a  mile  to  the  southeast  corner  of  section 
twenty-five,  township  five  north,  range  seven  east,  Mount  Diablo  base 
and  meridian,  thence  north  one-half  of  a  mile  to  the  quarter  section 
corner  between  section  twenty-five,  township  five  north,  range  seven 
east,  Mount  Diablo  base  and  meridian,  and  section  thirty,  township 
five  north,  range  eight  east,  Mount  Diablo  base  and  meridian,  thence 
east  along  quarter  section  line  seven  hundred  fifty  feet,  thence  north 
parallel  with  the  range  line  between  ranges  seven  and  eight  east.  Mount 
Diablo  base  and  meridian,  one  thousand  four  hundred  thirty-five  feet, 
thence  west  parallel  wuth  said  quarter  section  line  seven  hundred  fifty 
feet  to  said  range  line  between  said  ranges  seven  and  eight,  thence  north 
along  said  range  line  to  the  boundary  line  between  Sacramento  and 
San  Joaquin  counties,  thence  westerly  along  said  boundary  line  between 
said  Sacramento  and  San  Joaquin  counties  to  the  section  line  between 
sections  twenty-six  and  twenty-seven,  township  five  north,  range  seven 
east,  Mount  Diablo  base  and  meridian,  thence  sOuth  along  section  line 
to  a  point  one-quarter  mile  north  of  the  southeast  corner  of  section 
thirty-five,  township  five  north,  range  seven  east,  Mount  Diablo  base 
arid  meridian,  thence  east  one-half  mile  to  quarter  section  line  running 
north  and  south  through  center  of  said  section  thirty-five,  thence  south 
one-quarter  mile  to  south  quarter  conior  of  said  section  thirty-five,  thence 
east  niie-half  mile  along  section  line  to  point  of  beginning  containing 
one    tliou^^aiici    st'Xfn    hunilrc(|    tv^'enty -eight    and    two-tentlis    acres. 

§  2.  Management  and  control.  The  management  and  control  of  said 
reclamation  district  is  liercl)y  made  subject  to  the  provisions  of  the 
Political  Code  of  the  state  of  California  and  otiier  laws  of  this  state 
relative  to  reclamation  districts  formed  under  tlie  provisions  of  said 
i'oliticiil  Code. 

§3.  Repealed.  All  acts  and  parts  of  acts  inconsistent  with  tlie  pro- 
\isioiiH  of  this  ad  are  hereby  repealed. 


1201  RECLAMATION  DISTRICTS.  Act  2981b,  §  2 

ACT  2981b. 

An  act  creating  a  reclamation  district  to  be  called  and  known  as 
"Reclamation  District  No.  1500" j  providing  for  the  management  and 
control  thereof  and  dissolving  all  levee  districts,  swamp-land  dis- 
tricts, and  reclamation  districts,  lying  wholly  within  the  boundaries 
of  said  Reclamation  District  No.  1.500,  providing  for  the  liquidation 
and  winding  up  of  said  dissolved  districts,  and  excluding  from  any 
levee  district,  swamp-land  district  and  reclamation  district  any  land 
lying  within  the  boundaries  of  said  Reclamation   District  No.  1500. 

[Approved  April  30,  1913.     Stats.  1913,  p.  130.] 
Amended  1915,  p.  1027;  1917,  p.  9G6. 
The  amendment  of  1917  follows: 

§2.  Management  vested  in  trustees.  Elections.  Term  of  office. 
Funds.  Eights  and  powers.  The  management  and  control  of  said  Recla- 
mation District  No.  1500  is  hereby  made  subject  to  the  provisions  of 
article  one  of  chapter  one  of  title  eight  of  part  three  of  the  Political 
Code  of  the  state  of  California,  relating  to  swamp  and  overflowed  lands 
and  reclamation  districts,  or  any  amendments  or  additions  thereto,  ex- 
cept as  otherwise  provided  in  this  act,  and  the  management  and  con- 
trol of  said  Reclamation  District  No.  1500  shall  be  vested  in  five  trustees, 
who  shall  hold  office  until  their  successors  are  elected  or  appointed  and 
qualified.  F.  W.  Kiesel,  Edward  H.  Gerber,  Charles  F.  Silva,  P.  J. 
Hiatt  and  Frank  G  Snook  are  hereby  appointed  trustees  for  the  said 
reclamation  district  to  act  until  their  successors  are  elected  or  appointed 
and  qualified.  An  election  of  five  trustees  shall  be  held  in  said  district 
on  the  third  Tue.  day  in  October,  one  thousand  nine  hundred  twenty-one, 
and  on  the  third  Tuesday  in  October  every  four  years  thereafter,  and  shall 
hold  office  until  their  successors  are  elected  or  appointed  and  qualified.  In 
case  of  any  vacancy  in  the  office  of  trustee  of  said  district  the  governor 
of  this  state  shall  appoint  a  cpialified  person  as  trustee,  who  shall  hold 
said  office  until  the  next  election.  All  the  trustees,  whether  appointed 
by  the  governor  of  this  state,  or  named  herein,  or  elected  as  herein 
provided,  shall  hold  office  at  the  pleasure  of  the  governor  of  this  state. 
The  office  and  principal  place  of  business  of  said  district  shall  be  in 
the  city  of  Sacramento  and  in  such  place  as  the  board  of  trustees  thereof 
may  from  time  to  time  fix.  The  board  of  supervisors  of  the  county  of 
Sutter  shall  have  jurisdiction  of  all  matters  concerning  said  district 
to  the  same  extent  as  if  the  said  district  was  formed  under  the  provi- 
sions of  said  Political  Code  of  the  state  of  California,  except  as  other- 
wise provided  in  this  act.  All  funds  of  said  district  shall  be  deposited 
in  the  county  treasury  of  said  county  of  Sutter  and  shall  be  disbursed 
by  the  treasurer  of  said  county  in  payment  of  the  warrants  of  said  district. 
Said  district  shall  have  the  power  to  make  by-laws  in  conformity  with 
the  provisions  of  law,  and  shall  have  all  rights  and  powers,  which  are 
now,  or  may  hereafter  be,  conferred  by  the  provisions  of  the  Political 
Code  or  by  other  laws  of  the  state  of  California  upon  reclamation  or 
swamp  land  districts,  and  shall  also  have  the  right  and  power  of  pur- 
chasing real  and  personal  property  and  rights  of  way  within  the  bound- 
aries of  said  district,  or  outside  thereof  as  may  be  necessary  or  desirable 
76 


Act  2984,  §§  1,  2  GENERAL   LAWS.  1202 

to  carry  out  the  purposes  of  said  district  or  to  acquire  tlie  same  by 
condemuatiou  proceedings  in  tlie  manner  provided  by  law,  and  sliall 
also  liave  the  right  and  power  to  join  with  other  reclamation  districts, 
levee  districts  or  swamp-land  districts  or  other  persons  in  the  construc- 
tion and  maintenance  of  levees  and  reclamation  works,  and  to  contract 
for  the  same,  and  also  to  do  all  other  acts  and  things  that  may  be 
incident  to  or  necessary  to  the  reclamation  of  the  lands  of  said  district, 
as  the  board  of  trustees  thereof  may  determine.  All  of  the  provisions 
of  the  Political  Code  of  the  state  of  California,  unless  inconsistent  with 
the  provisions  of  this  act,  are  made  a  part  of  this  act,  and  shall  be 
deemed  to  be  incorporated  herein.  The  said  reclamation  district  hereby 
created  shall  have  the  power,  in  addition  to  the  power  hereby  conferred, 
to  do  all  other  acts  or  things  that  any  reclamation  district  or  swamp- 
land district  within  the  state  of  California  has  power  to  do  under  any 
existing  law  or  any  law  hereafter  enacted.  The  said  district  may  at 
any  time  petition  in  writing  by  its  board  of  trustees  the  reclamation 
board  to  change  the  line  of  location  or  construction  of  any  levee  in  this 
act,  or  in  the  act  of  which  this  is  amendatory,  described,  or  any  other 
levee,  or  to  build  any  additional  or  sui^plemental  levee  or  levees,  and 
the  reclamation  board  may,  by  an  order,  allow  such  petition  in  whole 
or  in  part,  and  allow  such  change  or  the  building  of  any  additional  or 
supplemental  levee.  [Amendment  approved  May  26,  1917;  Stats.  1917, 
p.  966.] 

The  amendatory  act  of  1917  contained  the  following  provision: 

§3.  All  acts  and  parts  of  acts  in  conflict  with  or  inconsistent  with 
the  provisions  of  this  act  are  hereby  repealed. 

ACT  2984. 

An   act   to  promote  the   reclamation   of   arid   land  and   to   provide   that 
certain  land  belonging  to  the  state  of  California,  within  the  bound- 
aries  of   an   irrigation   district   shall   be   subject   to   the   assessments 
levied  in  said  district. 
[Approved  May  25,  1917.     Stats.  1917,  p.  936.     In  eft'ect  July  27,  1917.] 
§1.     State  lands    within    irrigation    districts    subject  to  assessment. 
Whenever  there  shall  be  included  in  any  irrigation  district  organized  and 
existing  under  the  laws  of  this  state,  public  lands  belonging  to  the  state 
subject  to  entry,  or  which  have  been  enter6d,  and  for  which  no  certifi- 
cates  of   purchase   have   been   issued,   such   lands   are   hereby   made   and 
declared   to  be   subject  to  all   of   the   provisions   of   the   law   relating  to 
the   organization,   government   and   regulation    of   irrigation   districts   to 
the  same  extent  and   in  the   same   manner  in   which   the  lands   of  a  like 
character  lield  unde.r  private   ownership' are   or  may  be  subject  to  such 
law  provided,  however,  that  nothing  herein  contained  shall  be  construed 
as   creating   any    obligalion    against   the   state    of   California    to   pay   any 
of  said  charges,  assessment  or  debt. 

§2.  Notices  served  on  surveyor-general.  All  notices  required  by  the 
act  under  whicli  sucli  district  is  organized  shall,  as  soon  as  such  notices 
arc  Lssucd,  be  served  upon  the  surveyor-general  of  the  state  of  California 
by  mailing  to  his  oflice  a  copy  thereof  inclosed  in  a  sealed  envelope  with 
postage   prepaid. 


1203  SAN  DIEGO  CITY.  Act  3158a,  §  5 

§  3.  Assessment  lien.  No  xmblic  lands  which  were  uneutered  at  the 
time  any  assessment  was  levied  against  the  same  by  such  irrigation  dis- 
trict shall  be  sold  for  such  assessment,  but  such  assessment  shall  be  and 
continue  a  lien  upon  such  land,  and  no  patent  shall  issue  therefor  until 
the  applicant  shall  present  a  certificate  from  the  proper  district  officer 
showing  that  no  unpaid  assessments  or  charges  are  due  and  delincpieut 
against  said  land. 

TITLE  473. 

SAN  DIEGO   CITY. 
ACT  3158a. 

An  act  conveying  certain  tide-lands  and  lands  lying  under  inland  navi- 
gable waters  situated  in  the  bay  of  San  Diego  to  the  city  of  San 
Diego  in  furtherance  of  navigation  and  commerce  and  the  fisheries, 
and  providing  for  the  government,  management  and  control  thereof. 

[Approved  May  1,  1911.     Stats.  1911,  p.  1357.] 

Amended  1913,  p.  78;  1915,  p.  1323;  1917,  p.  916. 

The  amendment  of  1917  follows: 

§5.  Eestrictions  on  land,  leases.  Tlie  city  of  San  Diego  may  lease 
lands  granted  and  conveyed  to  it  by  this  act  under  the  following  restric- 
tions and  conditions: 

(a)  Term  of  fifty  years.  Rentals.  Revaluation.^  Right  to  sublet. 
Improvement  by  lessee.  All  that  portion  of  the  said  lauds  lying  on  the 
shores  of  the  bay  of  San  Diego,  between  a  prolongation  into  the  bay 
of  San  Diego  of  the  south  line  of  Laurel  street  and  the  prolongation 
into  the  bay  of  San  Diego  of  the  northerly  line  of  the  United  States 
military  reservation  on  Point  Loma,  and  also  that  portion  of  said  lands 
lying  between  a  prolongation  into  the  bay  of  San  Diego  of  the  easterly 
line  of  Twenty-eighth  street,  and  a  prolongation  into  the  bay  of  San 
Diego,  of  the  boundary  line  between  the  city  of  San  Diego  and  the  city 
of  National  City,  which  shall  not  have  been  developed  or  improved  by 
the  city  of  San  Diego  at  the  date  of  such  leasing  may  be  leased  by  the 
said  city  in  such,  areas  as,  in  the  judgment  of  the  common  council  of 
the  said  city  of  San  Diego,  may  seem  proper,  and  for  a  term  not  to 
exceed  fifty  years;  provided,  however,  that  said  city  may  have  the  right 
to  renew  such  lease  or  leases  for  a  further  term  not  exceeding  twenty- 
five  years  or  to  terminate  the  same  on  such  terms,  reservations  and  con- 
ditions as  may  be  stipulated  in  such  lease  or  leases.  Every  such  lease 
shall  provide  for  the  payment  of  rentals  to  the  city  of  San  Diego,  which 
said  rentals  shall  be  either  an  agreed  per  cent  of  the  gross  earnings  de- 
rived from  the  leased  lands,  or  shall  be  fixed  upon  a  basis  of  the 
valuation  of  such  lands.  In  the  event  that  the  rental  is  an  agreed  per 
cent  of  the  gross  earnings,  the  lease  shall  provide  a  method  for  ascer- 
taining and  determining  from  time  to  time  during  the  term,  such  gross 
earnings.  lii  the  event  that  the  rentals  shall,  by  any  such  lease,  be 
provided  to  be  fixed  upon  the  basis  of  the  valuation  of  the  leased  lands, 
then  in  such  event  the  lease  shall  provide  a  method  for  ascertaining 
at  stated  periods  during,  the  term,  the  reasonable  value  of  the  leased 
lands,  and  in  all  cases  in  which  the  rental  is  provided  to  be  fixed  upon 


Act  3158a,  §  5  general  laws.  1204 

the  basis  of  the  valuation  of  the  leased  lands,  then  in  such  event  the 
lease  shall  provide  a  method  for  ascertaining  at  stated  periods  daring 
the  term,  the  reasonable  value  of  the  leased  lands,  and  in  all  cases  in 
which  the  rental  is  provided  to  be  fixed  upon  the  basis  of  the  value 
of  the  leased  lands,  the  lease  shall  provide  for  the  payment  of  a  certain 
per  cent  of  such  value  ascertained  in  the  manner  provided  by  the  lease, 
and  such  per  cent  shall  be  the  rental  to  be  paid  until  a  different  valua- 
tion is  fixed;  provided,  however,  that  there  shall  be  no  revaluation  of 
any  leased  lauds  for  the  purpose  of  fixing  the  rentals  oftener  than  once 
every  ten  years.  Said  leases  shall  also  provide  that  at  no  time  during 
their  terms  shall  the  said  city  of  San  Diego  be  required  to  make  any 
improvements  on  or  for  the  benefit  of  the  leased  lands.  The  lessees 
named  in  such  leases  shall  have  the  right  to  sublet  the  said  lands,  or 
any  part  thereof,  which  subleases  shall  be  subject  to  the  same  condi- 
tions and  restrictions  as  the  original  and  each  lease  executed  by  the 
city  shall  contain  provisions  to  this  effect.  The  said  city  of  San  Diego 
may  grant  wharf  franchises  for  wharves  adjoining  and  extending  into 
the  bay  from  the  above-mentioned  territory  for  terms,  not  to  exceed 
in  duration  the  terms- of  the  leases  on  the  adjacent  lands,  and  the  right 
to  regulate  and  control  the  waters  of  the  harbor  adjacent  to  said  leased 
land  and  to  fix  reasonable  rates  and  tolls  for  the  use  of  such  wharves 
and  docks  abutting  or  adjoining  such  leased  lands,  shall  be  reserved  to 
the  city  of  Sari  Diego  and  the  state  of  California.  Said  lease  or  leases 
shall  provide  that  a  sum  of  money  be  expended  upon  the  improvement 
of  said  lands  by  the  said  lessee  or  lessees  within  a  reasonable  time  and 
said  lease  or  leases  shall  contain  provisions  fixing  the  amount  of  money 
to  be  so  expended  and  the  time  within  which  it  shall  be  spent.  The 
city  may  place  such  further  restrictions  or  conditions  in  such  leases 
and  franchises  when  granted  as  do  not  conflict  with  the  terms  of  this 
act  and  all  grants  of  leases  or  franchises  shall  be  authorized  by  ordi- 
nance. 

(b)  Remainder  for  fifty  years.  All  the  remaining  portions  of  said 
lands  may  be  leased  for  a  term  not  to  exceed  fifty  years,  and  no  such 
lease  shall  be  for  a  larger  area  than  for  forty  acres,  and  such  lease 
shall  not  be  assignable  or  transferable  nor  shall  any  lessee  have  the 
right  to  sublet  the  leased  premises  or  any  part  thereof  without  the  con- 
sent of  tlie  common  council  by  ordinance  duly  adopted;  provided,  how- 
ever, that  every  lease  so  executed  sliall  reserve  to  the  common  council 
and  to  the  people  of  San  Diego  the  right  and  privilege  by  ordinance 
duly  adopted  to  terminate,  change  or  modify  sueli  lease  or  leases  on 
such  terms,  resorval  ions  and  conditions  as  may  ho  stipulated  in  such 
lease  or  leases. 

((■)  Right  of  way  reserved.  Tin'  city  of  San  Diego  shall  reserve  over 
the  lands  mejitioned  in  subsections  (a)  and  (b)  a  continuous  right  of 
way  for  a  municipal  belt  line  of  railway  tracks,  which  right  of  way 
shall  be  not  less  than  one  hundred  feet  in  width  and  shall  be  so  located 
as  to  practically  parallel  the  United  States  bulkhead  line,  and  no  lease, 
franchise  or  privilege,  shall  be  granted  upon  any  of  the  lands  men- 
tioned in  said  subsections  (a)  and  (b)  that  will  in  any  way  interfere 
with  said  right  of  way  unless  there  be  reserved   in  said  lease,  franchise 


1205  SAN   DIEGO   CITY.  Act  3158c,  §§  1-3 

or  privilege  to  tiie  city  !i  right  of  way  for  said  railroad  of  not  less  than 
one  hundred  feet  in  width.  |  Aniendnient  approved  May  '24,  1917;  Stats. 
1917,  p.  916.]. 

ACT  3158c. 

An  act  granting  certain  lands  in  the  city  of  San  Diego  to  San  Diego 
Lodge  No.  153,  of  the  Independent  Order  of  Odd  Fellows  of  Cali- 
fornia; and  rafifying  and  declaring  valid  a  conveyance  of  said  lands 
heretofore  made  by  said  city  to  said  lodge. 

[Approved  May  24,  1917.     Stats.  1917,  p.  9.32.     In  effect  .July  27,   1917. J 

§  1.     Certain  lands  granted  to  San  Diego  Lodge  No.  153,  I.  O.  O.  F. 

There  is  hereby  granted  to  San  Diego  Lodge  No.  153,  of  the  Independent 
Order  of  Odd  Fellows,  of  California,  and  to  its  successors  and  assigns, 
all  that  certain  tract  of  land  situate  and  being  in  the  city  of  San  Diego, 
county  of  San  Diego,  state  of  California,  and  bounded  and  described  as 
follows,  viz.:  Beginning  at  the  southeastern  corner  of  the  cemetery  lot 
as  designated  in  the  map  of  the  city  lands  as  drawn  by  James  Pascoe 
bearing  date  May,  A.  D.  1870;  thence  westerly  along  the  south  boundary 
of  said  cemetery  lot  fifteen  chains;  thence  due  north  seven  and  twenty- 
five  hundredths  chains;  thence  easterly,  parallel  with  the  south  boundary 
of  the  tract,  twelve  and  seventy-eight  hundredths  chains;  thence  along 
the  eastern  boundary  of  the  pueblo  of  San  Diego,  as  surveyed  by  J.  C. 
Hayes,  seven  and  fifty-nine  hundredths  chains  to  the  point  of  beginning; 
comprising  ten  acres  of  land,  together  with  all  and  singular  the  tene- 
ments and  appurtenances  thereunto  in  anywise  appertaining;  and  being 
the  same  tract  of  land  sold  and  conveyed  to  said  lodge  by  a  deed  duly 
executed  and  delivered  by  said  city  of  San  Diego  by  and  through  its 
trustees  on  the  twenty-ninth  day  of  September,  A.  D.  one  thousand  eight 
hundred  seventy,  and  which  deed  was  duly  recorded  in  the  office  of  the 
county  recorder  of  said  county  of  San  Diego,  in  book  number  twelve  of 
deeds,  at  page  four  hundred  forty-seven,  records  of  said  county  of  San 
Diego,  on  the  nineteenth,  day  of  May,  A.  D.  one  thousand  eight  hundred 
seventy-one,  and  which  said  deed  and  conveyance  by  said  city  of  San 
Diego  to  said  lodge  is  hereby  ratified,  confirmed  and  declared  valid  and 
effectual  from  the  date  thereof. 

§2.  Right  to  sell,  etc.  Said  San  Diego  lodge  shall  have  the  free  and 
exclusive  use,  control  and  management  of  said  tract  of  land  forever,  and 
shall  have  the  power  to  sell  and  convey  lots  or  plots  of  land  within  said 
tract  to  purchasers,  and  all  conveyances  shall  be  made  in  the  name  of 
said  lodge  and  shall  be  executed  by  the  noble  grand  and  the  secretary 
of  said  lodge,  with  the  seal  thereof  attached  thereto;  and  every  convey- 
ance and  transfer  of  lots  or  plots  within  said  tract  heretofore  made 
by  or  on  behalf  of  said  lodge  is  hereby  declared  to  be  valid  and  effectual 
to  transfer  the  title  to  the  purchaser. 

§  3.  Repealed.  All  acts  and  parts  of  acts  inconsistent  with  or  in 
conflict  with  the  provisions  of  this  act,  so  far  as  they  apply  or  refer  to 
the  said  tract  of  land  herein  granted,  are  hereby  repealed. 


Acts  3177, 3335,  §  6  general  laws.  1206 

TITLE  475. 

SAN  FRANCISCO. 
ACT  3177, 

Charter  of  San  Francisco.      [Stats.  1899,  p.  241.] 

Amended  1903,  p.  583;  1907,  pp.  10,  29;  1911,  pp.  1469,  1G61;  1913, 
pp.  1473,  1602;  1915,  p.  1807;  1917,  p.  1708. 

ACT  3335.  • 

Concerning  waterfront   of.      [Stats.   1877-78,  p.   263.] 

Amended  1880,  p.  10;  1889,  p.  379;  1891,  p.  233;  1895,  p.  194;  1901, 
p.  627;  1905,  p.  109;  1909,  p.  434;  1917,  p.  583.  See  Political  Code, 
§  2524,  as  amended  1901,  p.  619;  also  the  case  of  People  ex  rel.  State 
Harbor  Commissioners  v.  Pacific  Imp.  Co.,  130  Cal.  442. 

The  amendment  of  1917  follows: 

§  6.  Commissioners  to  have  control  of  certain  streets.  May  assign 
portions.  May  lease  certain  seawall  lots.  Term  of  lease.  The  said  com- 
missioners shall  have  the  possession,  jnrisdiction,  and  control  over  the 
blocks  and  parts  of  blocks  formed  by  the  change  of  the  waterfront  and 
the  extensions  of  the  streets  to  the  thoroughfare  aforesaid,  and  re- 
move any  obstructions  placed  thereon  in  the  same  manner  as  provided  for 
the  removal  of  obstructions  from  the  piers,  wharves  and  thoroughfares. 
The  commissioners,  are  authorized  to  keep  and  maintain  said  blocks  and 
parts  of  blocks  as  open  spaces  for  the  use  of  the  public,  or  they  may, 
in  their  discretion,  inclose  them.  The  commissioners  are  also  authorized 
to  assign  the  use  of  such  portion  thereof  as  they  deem  expedient  for 
such  purposes  solely  as  will  be  most  advantageous  to  the  commerce  of 
the  port,  and  upon  such  terms  and  conditions  as  they  may  determine. 
All  such  assignments  shall  terminate  at  the  pleasure  of  the  commissioners. 

The  commissioners  are  also  authorized  to  lease  such  portion  or  por- 
tions of  seawall  lots,  numbered  one,  two,  three,  four,  five,  six,  seven, 
eight,  nine,  ten,  eleven,  twelve,  thirteen,  fourteen,  fifteen,  sixteen,  seven- 
teen, eighteen,  nineteen,  twenty,  twenty-one,  twenty-two,  twenty-three, 
twentj-'four,  twenty-five,  "a,"  "b,"  and  "c,"  as  they  ma}'  deem  expedient 
for  such  purposes  solely  as  will  be  most  advantageous  to  the  commerce 
of  the  port;  provided,  that  before  the  execution  of  any  lease,  notice  of 
the  letting  or  leasing  of  any  of  the  lots  hereinbefore  mentioned,  or 
parts  thereof,  shall  be  given  by  publication  in  three  of  the  daily  papers 
published  in  the  city  of  San  Francisco  for  at  least  ten  days;  such  notice 
shall  state  the  lot  or  portion  of  lot  to  be  leased,  and  that  bids  will  be 
received  by  the  commissioners  at  a  place  and  time  designated  in  such 
notice;  and  that  said  projjerty  shall  be  let  to  the  highest  and  best  bidder; 
provided,  further,  that  all  bids  for  lease  of  lots,  or  portions  of  lots, 
herein  mentioned,  shall  set  forth  the  purposes  for  which  said  lots,  or 
the  portions  thereof,  shall  be  used,  and  that  the  statement  of  such  bid 
shall  be  embodied  in  the  lease  given  by  the  board  of  state  harbor  com- 
miasioners  with  the  condition  that  the  lot  shall  be  used  for  such  purposes 
only;  provided,  further,  tliat  said  board  shall  have  the  power  to  reject 
any  and  all  bids;  and  ])rovidcd,  further,  that  in  no  event  shall  any  such 
lease  or  leases  be  made  for  a  term  exceeding  twenty-five  years;  provided, 


1207  SAN  FRANCISCO.  Act  3348b,  §§  1, 2 

however,  tlmt  all  leases  made  and  executed  within  two  years  preceding 
February  fifteenth,  nineteen  hundred  and  one,  and  on  file  in  the  office 
of  the  secretary  of  state,  of  any  lands  belonging  to  the  state  less  than 
fifty  acres  in  area,  and  which  lease  has  been  made  to  any  corporation 
incorporated  in  this  state,  or  to  any  person  or  persons,  for  terminal 
facilities,  is  hereby  recognized,  approved  and  ratified,  and  the  conditions, 
covenants,  and  agreements  of  the  parties  thereto  are  made  binding  on 
the  said  parties,  and  on  their  successors  and  assigns,  and  on  the  state 
of  California. 

The  amendatory  act  of  1917  also  contained  the  following  provision: 
§2.     Repealed.     All    acts   and   parts   of    acts   in    conflict   herewith   are 
hereby  repealed. 

ACT    33481). 

An  act  to  carry  into  effect  the  provisions  of  subdivisions  six  and  seven 
of  section  eight  and  one-half  of  article  eleven  of  the  constitution  of 
the  state  of  California;  and  also  to  provide  for  the  alteration  of  the 
boundaries  of  and  for  the  annexation  of  territory  located  in  the 
county  of  San  Mateo  to  the  city  and  county  of  San  Francisco,  for 
the  incorporation  of  such  annexed  territory  in  and  as  a  part  thereof, 
and  for  the  government  of  such  annexed  territory  as  an  integral 
part  of  such  city  and  county  of  San  Francisco. 

[Approved  April  24,  1917.     Stats.  1917,  p.  175.     In  effect,  see  section  31.] 

§  1.  City  and  county  of  San  Francisco  may  annex  territory  in  San 
Mateo  county.  It  shall  be  competent  for  the  city  and  county  of  San 
Francisco  a  municipal  corporation  organized  and  incorporated  under  a 
freeholders'  charter  under  and  by  virtue  of  the  constitution  and  laws 
of  the  state  of  California,  to  annex  territory  contiguous  to  such  con- 
solidated city  and  county,  unincoroprated  or  otherwise,  situate  wholly  in 
the  county  of  San  Mateo,  state  of  California,  said  annexed  territory  to 
be  an  integral  part  of  such  city  and  county. 

§  2.     Edection  in  incorporated  cities  on  proposal  for  annexation.     If 

additional  territory,  including  more  than  one  incorporated  city  or  town, 
is  proposed  to  be  annexed  to  said  city  and  county  of  San  Francisco,  the 
board  of  supervisors  of  said  city  and  county  will  be  empowered  to  give 
notice  by  a  resolution  of  said  board  of  supervisors,  to  the  legislative 
bodies  of  any  such  incorporated  cities  or  towns  proposed  to  be  so  annexed 
of  the  said  annexation  proposal.  Upon  a  petition  requesting  such  notice 
to  be  so  given,  filed  with  said  board  of  supervisors  of  said  city  and 
county  and  signed  by  not  less  than  fifteen  per  centum  of  the  qualified 
electors  of  said  city  and  county,  it  shall  be  the  duty  of  said  board  of 
supervisors  of  said  city  and  county  to  thereupon  by  resolution  of  said 
board  of  supervisors,  to  give  notice  to  the  legislative  bodies  of  such 
incorporated  cities  or  towns  proposed  to  be  so  annexed.  Each  of  said 
last  described  legislative  bodies  of  said  incorporated  cities  or  towns  may, 
upon  such  notice,  given  by  said  board  of  supervisors  of  the  city  and 
county  of  San  Francisco  either  by  its  own  initiative  or  upon  the  initia- 
tive of  such  a  petition  so  filed  with  said  board  of  supervisors,  and  in  any 
such  incorporated  city  or  town,  upon  a  petition  requesting  such  action 


Act  3348b,  §  3  general  laws.  1208 

filed  with  such  a  legislative  body  thereof  and  signed  by  not  less  than 
fifteen  per  centum  of  the  qualified  electors  of  such  incorporated  city  or 
town,  proposed  to  be  so  annexed,  must,  thereupon  cause  notice  to  be 
given  of  an  election  to  be  held  in  such  incorporated  city,  or  town,  pro- 
posed to  be  so  annexed,  at  which  shall  be  submitted  to  the  qualified 
electors  of  such  city,  or  town,  a  proposal  for  the  annexation  thereof  to 
said  city  and  county  of  San  Francisco.  Said  notice  shall  be  given  by 
publication  for  at  least  five  successive  publications  in  a  newspaper  of 
general  circulation  printed  and  published  in  such  incorporated  city  or 
town  so  proposed  to  be  annexed,  the  last  publication  to  be  not  less  than 
twenty  days  prior  to  any  such  election.  This  notice  shall  include  a  par- 
ticular description  of  any  such  incorporated  cities  or  towns  so  proposed 
to  be  annexed  by  naming  such  incorporated  cities  or  towns,  together 
with  a  particular  description  of  any  debts  to  be  assumed  by  the  district 
as  hereinafter  set  forth,  unless  such  particular  description  is  contained 
in  the  said  election  proposal  so  submitted.  If  there  be  no  such  news- 
paper so  printed  and  published  in  any  such  incorporated  city  or  town 
then  such  publication  may  be  made  in  any  newspaper  of  general  circu- 
lation printed  and  published  in  the  nearest  incoriDorated  city  or  town  , 
where  such  a  newspaper  may  be  so  printed  and  published.  The  electors 
of  said  incorporated  city  or  town  shall  be  directed  by  such  notice  to 
vote  upon  such  question  in  the  manner  hereinafter  set  forth.  Such  legis- 
lative body  of  said  incorporated  city  or  town  proposed  to  be  so  annexed 
is  hereby  empowered  and  it  shall  be  its  duty  to  establish,  and  in  such 
notice  of  election,  to  designate  the  voting  precinct  or  precincts  and  the 
place  or  places  at  which  the  polls  will  be  open  for  such  election  in  such 
incorporated  city  or  town  so  proposed  to  be  annexed,  which  said  place 
or  places  shall  be  that  or  those  usually  used  as  voting  places  within 
such  incorporated  city  or  town,  if  any  such  there  be.  The  legislative 
body  of  said  incorporated  city  or  town  proposed  to  be  so  annexed,  is 
hereby  empowered  to,  and  it  shall  appoint  the  officers  of  such  election, 
who  shall  be,  for  each  voting  place  in  such  incotporated  city  or  town, 
two  judges  and  one  inspector,  each  of  whom  shall  be  a  qualified  elector 
of  the  voting  precinct  in  which  he  is  appointed  to  act  as  an  officer  of 
such  election. 

§  3.  Question  for  forming  district  to  vote  on  consolidation.  Country 
ballots.  Upon  tlie  ballots  to  be  used  at  any  such  election  there  shall  be 
printed  tlie  words  "Shall  (herein  insert  name  of  the  city  or  town  to  be 
included  in  such  annexed  territory)  be  included  in  a  district  to  be  here- 
after defined  by  the  city  and  county  of  San  Francisco  which  district  shall, 
within  two  j'cars  from  the  date  of  this  election,  vote  upon  a  proposal 
submitted  as  one  indivisible  question,  that  such  district  to  bo  then  de- 
scribed and  set  forth  shall  consolidate  with  the  city  and  county  of  San 
Francisco  in  a  consolidated  city  and  county  government,  and  that  such 
district  shall  become  subject  to  taxation,  along  with  the  entire  territory 
of  the  proposed  city  and  county  in  accordance  with  the  assessable  valua- 
tion of  the  property  of  said  district  for  the  following  indebtedness  of 
said  city  and  county  of  San  Francisco  to  wit:  (herein  insert  in  general 
terms,  reference  to  any  debt  to  be  assumed  and  if  none  insert  'None'), 
'Yes,'"  and  "Shall    (herein  insert  name  of  the  city  or  town,  to  be  in- 


1209  SAN  FRANCISCO.  Act  3348b,  §  4 

eluded  in  such  annexed  territory)  be  included  in  a  district  to  be  hereafter 
defined  by  the  city  and  county  of  San  Francisco,  which  district  shall, 
within  two  years  from  the  date  of  this  election,  vote  upon  a  proposal 
submitted  as  one  indivisible  question,  that  such  district  to  be  then  de- 
scribed and  set  forth  shall  consolidate  with  the  city  and  county  of  San 
Francisco  in  a  consolidated  city  and  county  government,  and  that  such 
district  shall  become  subject  to  taxation,  along  with  the  entire  territory 
of  the  proposed  city  and  county  in  accordance  with  the  assessable  valua- 
tion of  the  property  of  said  district  for  the  following  indebtedness  of 
said  city  and  county  of  San  Francisco  to  wit:  (herein  insert  in  general 
terms  reference  to  any  debt  to  be  assumed,  and  if  none  insert  'None'), 
'No.'  "  There  shall  be  a  voting  square  to  the  right  of  and  opposite  each 
such  proposition.  If  an  elector  shall  stamp  a  cross  (X)  in  the  voting 
square  after  the  printed  word  "Yes"  the  vote  of  such  elector  shall  be 
counted  in  favor  of  the  said  proposal,  and  if  an  elector  shall  stamp  a 
cross  (X)  in  the  voting  square  after  the  printed  word  "No"  the  vote 
of  such  elector  shall  be  counted  against  such  proposal.  The  judges  and 
inspector  of  such  election  for  each  polling  place  shall  immediately,  upon 
the  closing  of  the  polls,  count  the  ballots,  make  up,  certify  and  seal  the 
ballots  and  tally  sheets  of  the  ballots  east  at  their  respective  polling 
places,  doing  so  as  nearly  as  practicable,  in  the  manner  provided  in  the 
laws  of  this  state  relating  to  general  elections,  and  thej^  shall  thereupon 
deliver  the  ballots,  tally  sheets  and  returns  to  and  deposit  the  same  with 
the  clerk  of  the  legislative  body  of  such  incorporated  city  or  town  pro- 
posed to  be  so  annexed. 

§  i.  Canvass  of  returns.  Returns  sent  to  board  of  sueprvisors  of  San 
Francisco.  Returns  sent  to  secretary  of  state.  Such  legislative  body  of 
said  incorporated  city  or  town  jiroposed  to  be  so  annexed  shall,  at  the 
time  provided  for  its  regular  meeting  next  after  the  expiration  of  five 
days  from  and  after  the  date  of  said  election  meet  and  proceed  to  can- 
vass said  returns,  and  said  canvass  shall  be  completed  at  such  meeting, 
if  practicable,  and  in  any  event,  as  soon  as  practicable,  avoiding  adjourn- 
ment or  adjournments  until  said  canvass  is  completed.  Immediately 
upon  the  completion  of  such  canvass  such  canvassing  body  shall  cause  a 
record  thereof  to  be  made  and  entered  upon  its  minutes  stating  the  pro- 
posal submitted  and  showing  the  whole  number  of  votes  cast  on  the 
proposal  submitted  to  such  incorporated  city  or  town,  the  number  of 
votes  cast  therein  in  favor  of  the  said  proposal,  and  the  number  of  votes 
east  therein  against  the  said  proposal.  The  clerk  or  other  officer  per- 
forming the  duties  of  clerk  of  such  canvassing  body  shall  promptly,  and 
within  ten  days  of  the  completion  of  such  canvass  by  said  body  make 
and  certify  under  the  seal  thereof,  and  transmit  to  the  board  of  super- 
visors of  the  city  and  county  of  San  Francisco  a  copy  of  the  records  of 
the  canvass  of  the  returns  of  the  election  so  canvassed  by  said  canvass- 
ing body,  together  with  a  statement  showing  the  date  of  such  election, 
and  the  time  and  the  result  of  the  canvass  of  the  returns  of  such  election, 
and  containing  a  description  of  such  incorporated  city  or  town,  by  nam- 
ing the  said  incorporated  city  or  town.  And  if  it  shall  appear,  from 
a  canvass  of  the  returns  of  the  election  held  in  the  said  incorporated 
city  or  town  that  a  majority  of  the  qualified  electors  voting  on  such  pro- 


Act  3348b,  §§  5-7  general  laws.  1210 

posal  voted  in  favor  thereof  the  said  clerk  or  other  officer  performing 
the  duties  of  clerk  of  such  body  so  canvassing  such  returns  shall  also, 
promptly,  and  within  said  ten  days,  make  and  certify,  under  the  seal 
thereof,  and  transmit  to  the  secretary  of  state  of  the  state  of  California, 
a  like  copy  of  the  record  of  the  canvass  of  said  returns,  together  with  a 
like  statement  showing  the  date  of  such  election,  and  the  time  and  the 
result  of  the  canvass  of  the  returns  of  such  election,  and  containing  a 
description  of  such  incorporated  city  or  town,  by  naming  said  incor- 
porated city  or  town.  Said  document  shall  be  filed  by  the  secretary  of 
state  immediately  upon  receipt  thereof. 

§  5.  Limit  to  number  of  elections.  Nothing  herein  contained  shall  be 
construed  as  iH'ohibiting  a  further  election  or  further  elections  to  be  held 
in  any  such  incorporated  city  or  town  to  which  the  foregoing  proposal 
shall  have  been  submitted,  and  a  majority  of  whose  qualified  electors 
voting  thereon  shall  not  have  voted  in  favor  thereof;  provided,  that 
there  must  be  an  interval  of  at  least  ninety  days  between  said  elections, 
and  that  not  more  than  three  such  elections  shall  be  held  in  any  one 
incorporated  city  or  town,  upon  any  one  initiation  of  an  annexation  pro- 
posal by  the  city  and  county  of  San  Francisco;  and  further  provided, 
that  no  annexation  proposal  shall  be  so  initiated  by  the  city  and  county 
of  San  Francisco,  more  than  once  in  a  period  of  two  years. 

§  6.  District  formed  of  incorporated  and  unincorporated  territory. 
Size  of  district.  Any  and  all  of  the  said  incorporated  cities  or  towns, 
to  which  the  foregoing  proposal  shall  have  been  submitted,  and  a  majority 
of  whose  qualified  electors  voting  thereon  shall  have  voted  in  favor 
thereof  together  with  such  unincorporated  territory  as  the  board  of  super- 
visors of  the  said  city  and  county  of  San  Francisco  may  determine  to 
have  included,  the  whole  to  form  an  area  contiguous  to  said  city  and 
county  shall  be  by  the  board  of  supervisors  of  said  city  and  county 
created  into  a  district;  provided,  however,  that  with  reference  to  any 
such  district  which  may  be  first  created  following  the  adoption  of  this 
act,  no  such  district  shall  in  any  event  be  created  containing  a  popula- 
tion of  less  than  nine  thousand  people  or  a  total  area  of  less  than 
seventy-five  square  miles.  The  population  as  ascertained  and  estab- 
lished by  the  last  preceding  census  taken  under  the  authority  of  the 
congress  of  the  United  States,  or  the  legislature  of  California,  or  of 
the  board  of  supervisors  of  said  county  of  San  Mateo,  or  of  any  legisla- 
tive body  of  any  such  incorporated  city  or  town  may  be  used  as  the 
basis  for  ascertaining  such  population.  Also,  if  necessary,  such  popula- 
tion of  the  said  district  or  any  portion  thereof,  may  be  determined  by 
tlic  lioard  of  supervisors  of  said  county  of  San  Mateo;  and  as  to  any 
incorporated  city  or  town  in  said  district,  sucli  population  may,  if  neces- 
sary, be  dotermiiic(|  liy  tiie  legislative  body  of  sucli  incorporated  city 
or  town. 

§7.  Question  for  consolidation.  SiiljscMpient  to  said  elections  in  said 
incorporated  cities  or  towns,  and  witliiii  the  two  years  above  described, 
there  shall  be  submitted  by  tlie  board  of  supervisors  of  the  county  of 
San  Mateo  a  iirojiosa!  to  tlic  xdtcis  of  said  entire  district,  as  one  indi- 
visible question,  substantially  in  the  following  form:  "Shall  the  territory 


1211  SAN  FRANCISCO.  Act  3348b,  §  8 

(herein  designate  in  general  terms  the  territory  to  be  annexed)  consoli- 
date with  the  city  and  county  of  San  Francisco  in  a  consolidated  city 
and  county  government,  said  consolidation  to  take  effect  (herein  insert 
date  when  such  consolidation  shall  take  effect)  and  shall  the  said  an- 
nexed territory  become  subject  to  taxation,  as  an  integral  part  of  the 
city  and  county  so  formed,  in  accordance  with  the  assessable  valuation 
of  property  of  said  territory  for  the  following  indebtedness  of  said  city 
and  county  in  San  Francisco  to  wit:  (herein  insert  in  general  terms, 
reference  to  any  debts  to  be  assumed,  and  if  none,  insert  'None'),  'Yes,'" 
and  "Shall  the  territory  (herein  designate  in  general  terms  the  territory 
to  be  annexed)  consolidate  with  the  city  and  county  of  San  Francisco 
in  a  consolidated  city  and  county  government,  said  consolidation  to  take 
effect  (herein  insert  date  when  such  consolidation  shall  take  effect)  and 
shall  the  said  annexed  territory  become  subject  to  taxation,  as  an  inte- 
gral part  of  the  city  and  county  so  formed,  in  accordance  with  the  assess- 
able valuation  of  property  of  said  territory  for  the  following  indebted- 
ness of  said  city  and  county  of  San  Francisco  (herein  insert  in  general 
terms,  reference  to  any  debts  to  be  assumed,  and  if  none,  insert  'None'), 
'No.'  "  There  shall  be  a  voting  square  to  the  right  of  and  opposite  each 
such  proposition.  If  an  elector  shall  stamp  a  cross  (X)  in  the  voting 
square  after  the  printed  word  "Yes"  the  vote  of  such  elector  shall  be 
counted  in  favor  of  the  said  proposal  and  if  an  elector  shall  stamp  a 
cross  (X)  in  the  voting  square  after  the  printed  word  "No"'  the  vote  of 
such  elector  shall  be  counted  against  such  proposal. 

§  8.  Manner  of  submitting  qLuestion.  Notice.  Description  of  territory 
and  debts.  The  manner  to  be  followed  by  the  board  of  supervisors  of 
said  county  of  San  Mateo  in  the  submission  of  said  question  and  the 
holding  of  such  election,  their  establishment  of  election  precincts  and 
their  appointment  of  election  officers,  and  the  publication  of  the  notice, 
of  such  election,  shall  be  substantially  the  same  as  that  set  forth  in 
section  two  of  this  act  for  the  submission  of  an  annexation  proposal  to 
any  incorporated  city  or  town,  and  the  notice  thereof  shall  be  published 
in  the  incorporated  city  or  town  included  in  said  district  containing  the 
largest  population  as  ascertained  and  established  by  the  last  preceding 
census  taken  under  the  authority  of  the  congress  of  the  United  States, 
or  of  the  legislature  of  California;  provided,  that  if  there  be  no  news- 
paper printed  and  published  in  said  incorporated  city  or  town,  as  pro- 
vided for  herein,  then  in  the  nearest  incorporated  city  or  town  where 
such  a  newspaper  is  so  printed  and  published.  This  notice  shall  include 
a  particular  description  of  any  such  incorporated  city  or  town  so  pro- 
posed to  be  annexed,  by  naming  such  incorporated  city  or  town  together 
with  a  particular  description  of  any  debts  to  be  assumed  by  such  district, 
as  in  this  act  set  forth,  unless  such  particular  description  is  contained 
in  the  said  election  proposal  so  submitted.  In  addition  to  such  descrip- 
tion such  territory  as  may  be  made  up  of  unincorporated  territory,  shall 
also  be  designated  in  such  notice  by  some  appropriate  name  or  other 
words  of  identification,  by  which  such  territory'  may  be  referred  to  and 
indicated  upon  the  ballots  to  be  used  at  any  election  at  which  the  ques- 
tion of  annexation  or  consolidation  of  additional  terrritory  is  submitted 
as    herein    provided.     Any   such    unincorporated    territory    must    in    said 


Act  3348b,  §§9, 10  general  laws.  ,  1212 

notice  be  specifically  described  by  giving  the  boundaries  thereof,  unless 
such  particular  description  is  contained  in  the  said  election  proposal  so 
submitted. 

§  9.  Proposal  for  permitting  territory  to  withdraw  from  San  Mateo 
county.  At  the  same  election  so  held  in  said  district  there  must  also 
be  held  throughout  the  county  of  San  Mateo,  and  also  under  the  super- 
vision of  the  board  of  supervisors  of  said  county  of  San  Mateo,  an  elec- 
tion at  which  a  proposition  must  be  submitted  to  the  electors  of  such 
county  for  the  consent  of  such  county  to  such  annexation  of  said  district 
to  the  city  and  county  of  San  Fi'ancisco.  The  board  of  supervisors  of 
said  county  of  San  Mateo  shall  submit  a  proposal  to  the  voters  of  said 
entire  county,  substantially  in  the  following  form:  "Shall  the  territory 
herein  designate  in  general  terms  the  territory  to  be  annexed)  be  per- 
mitted to  withdraw  from  the  county  of  San  Mateo  and  consolidate  with 
the  city  and  county  of  San  Fi-ancisco  in  a  consolidated  city  and  county 
government,  said  consolidation  to  take  effect  (herein  insert  date  when 
such  consolidation  shall  take  effect)  'Yes,'  "  and  "Shall  the  territory 
(herein  designate  in  general  terms  the  territory  to  be  annexed)  be  per- 
mitted to  withdraw  from  the  county  of  San  Mateo  and  consolidate  with 
the  city  and  county  of  San  Francisco  in  a  consolidated  city  and  county 
government,  said  consolidation  to  take  effect  (herein  insert  date  when 
such  consolidation  shall  take  effect)  'iSTo.'  "  There  shall  be  a  voting 
square  to  the  right  of  and  opposite  each  such  ijroposition.  If  an  elector 
shall  stamp  a  cross  (X)  in  the  voting  square  after  the  printed  word 
"Yes"  the  vote  of  such  elector  shall  be  counted  in  favor  of  the  said  pro- 
posal, and  if  an  elector  shall  stamp  a  cross  (X)  in  the  voting  square 
after  the  printed  word  "No"  the  vote  of  such  elector  shall  be  counted 
against  such  proposal. 

§  10.  Manner  of  submitting  ctuestion,  Notice.  Description  of  terri- 
tory. The  manner  to  be  followed  by  the  board  of  supervisors  of  the  said 
county  of  San  Mateo  in  the  submission  of  said  question  and  the  holding 
of  such  election,  their  establishment  of  election  precincts,  and  their  ap- 
pointment of  election  officers,  and  the  publication  of  notice  of  such  elec- 
tion shall  be  substantially  the  same  as  that  set  forth  in  sections  two  and 
eight  of  this  act  for  the  submission  of  an  annexation  proposal  to  any 
incorporated  city  or  town,  and  to  any  district  as  provided  for  in  this  act, 
and  the  notice  thereof  shall  be  published  in  the  incorporated  city  or 
town  in  said  county  containing  the  largest  poimlation  as  ascertained  and 
established  by  the  last  preceding  census  taken  under  the  authority  of  the 
congress  of  the  United  States  or  of  the  legislature  of  California.  And 
if  there  be  no  such  newspaper  so  published  in  said  last  described  city, 
then  in  the  nearest  incorporated  city  or  town  where  such  a  newspaper 
Js  so  printed  and  published.  This  notice  shall  contain  a  description  of 
tlie  territory  proposed  to  be  annexed  the  same  as  provided  for  in  section 
eight  of  thi.s  act  for  the  notice  to  be  given  to  the  district  referred  to  in 
Haid  section  eight.  So  far  as  jjossible,  the  notices  to  be  published  to  the 
county  of  San  Mateo  and  to  the  district  proposed  to  be  annexed  to  the 
city  and  county  of  San  Francisco  shall  be  consolidated  in  one  notice. 
And  furtlier,  so  far  as  jxjssible  the  election  jjreeincts  and  polling  places 


1213  SAN  FRANCISCO.  Act  3348b,  §^  11,  12 

and  election  officers  for  both  the  county  and  the   district  election  shall 
be  identical. 

§  11.  Returns  sent  to  supervisors  of  San  Mateo  county.  The  judges 
and  inspectors  of  such  elections  in  said  county  of  San  Mateo  and  in  said 
district  so  proposed  to  be  annexed,  for  each  polling  place,  shall  imme- 
diately, upon  the  closing  of  the  polls,  count  the  ballots,  make  up,  certify 
and  seal  the  ballots  and  tally  sheets  of  the  ballots  cast  at  their  respective 
polling  places,  doing  so  as  nearly  as  practicable  in  the  manner  provided 
in  the  laws  of  this  state  relating  to  general  elections  and  they  shall 
thereupon  deliver  the  ballots,  tally  sheets  and  returns  to  and  deposit  the 
same  with  the  clerk  of  the  said  board  of  supervisors  of  the  county  of 
San  Mateo. 

§  12.  Canvass  of  returns.  Returns  sent  to  board  of  supervisors  of  San 
Francisco.  Returns  sent  to  secretary  of  states  Such  board  of  supervisors 
of  the  county  of  San  Mateo  shall  at  the  time  provided  for  its  regular 
meeting  next  after  the  expiration  of  ten  days  from  and  after  the  date 
of  said  elections  meet  and  proceed  to  canvass  said  returns,  and  said  can- 
vass shall  be  completed  at  such  meeting,  if  practicable,  and  in  any  event, 
as  soon  as  practicable,  avoiding  adjournment  or  adjournments  until  said 
canvass  is  completed.  The  said  board  of  supervisors  shall  so  canvass 
the  returns  of  any  such  election  held  in  the  county  to  determine  whether 
the  county  will  permit  the  withdrawal  therefrom  of  any  territory,  and 
likewise  the  returns  of  any  such  election  held  in  any  such  district. 
Immediately  upon  the  completion  of  such  canvass  such  canvassing  body 
shall  cause  a  record  thereof  to  be  made  and  entered  upon  its  minutes 
stating  the  proposals  submitted  and  showing:  first,  the  whole  number  of 
votes  cast  on  the  proposal  submitted  to  the  county  of  San  Mateo,  the 
number  of  votes  cast  therein  in  favor  of  such  proposal  and  the  number 
of  votes  cast  therein  against  such  proposal;  and  second,  the  whole  number 
of  votes  cast  on  the  proposal  submitted  to  the  district  proposed  to  be 
annexed,  the  number '•of  votes  cast  therein  in  favor  of  such  proposal 
and  the  number  of  votes  cast  therein  against  such  proposal.  The  clerk 
or  other  officer  performing  the  duties  of  clerk  of  such  canvassing  body 
shall  promptly,  and  within  ten  days  of  the  completion  of  such  canvass 
by  said  body,  make  and  certify  under  the  seal  thereof,  and  transmit  to 
the  board  of  supervisors  of  the  city  and  county  of  San  Francisco  a  copy 
of  the  records  of  the  canvass  of  the  returns  of  the  elections  so  can- 
vassed by  said  canvassing  body,  together  with  a  statement  showing  the 
date  of  such  elections,  and  the  time  and  the  result  of  the  canvass  of 
the  returns  of  such  elections,  and  containing  a  description  of  such  dis- 
trict so  proposed  to  be  annexed,  by  naming  the  incorporated  cities  or 
towns  in  said  district  and  also  the  unincorporated  territory  in  said  dis- 
trict, as  said  incorporated  cities  or  towns  and  unincorporated  territory 
were  described  in  the  election  notice  as  provided  for  in  this  act  for  the 
elections  held  in  said  district.  And  if  it  shall  appear,  from  a  canvass 
of  the  retui'us  of  the  election  held  in  the  county  of  San  Mateo  or  of 
the  election  held  in  the  district  so  proposed  to  be  annexed,  that  a  major- 
ity of  the  qualified  electors  voting  on  such  proposal  voted  in  favor  thereof, 
either  in  such  county,  or  in  such  district  proposed  to  be  annexed,  the  said 


Act  3348b,  §§  13, 14  general  laws.  1214 

clerk  or  other  officer  performing  the  duties  of  clerk  of  such  body  so 
canvassing  such  returns  shall  also,  promptly,  and  within  said  ten  days, 
make  and  certify,  under  the  seal  thereof,  and  transmit  to  the  secretary 
of  state  of  the  state  of  California,  a  like  copy  of  the  record  of  the 
canvass  of  said  returns,  together  with  a  like  statement  showing  the 
date  of  such  election,  and  the  time  and  the  result  of  the  canvass  of  'the 
returns  of  such  election,  and  containing  a  like  description  of  such  dis- 
trict. Said  document  shall  be  filed  by  the  secretary  of  state  immediately 
upon  receipt  thereof. 

§  13.  Proposal  submitted  in  city  and  county  of  San  Francisco.  If  it 
shall  appear  from  a  canvass  of  the  returns  of  such  elections  that  a 
majority  of  the  qualified  electors  of  such  district,  and  also  a  majority 
of  the  qualified  electors  of  such  county  of  San  Mateo  voting  on  the 
question  of  such  annexation  are  in  favor  of  such  annexation,  the  said 
proposal  of  annexation  shall  be,  by  the  board  of  supervisors  of  said 
city  and  county  of  San  Francisco  submitted  to  the  electors  of  said  city 
and  county.  The  said  board  of  supervisors  of  the  said  city  and  county 
of  San  Francisco  shall  submit  a  proposal  to  the  voters  of  the  said  city  and 
county  substantially  in  the  following  form:  "Shall  the  territory  (herein 
designate  in  general  terms  the  territory  to  be  annexed)  consolidate  with 
the  city  and  county  of  San  Francisco  in  a  consolidated  city  the  county 
government,  said  consolidation  to  take  effect  (herein  insert  date  when 
such*  consolidation  shall  take  effect)  and  shall  the  said  annexed  terri- 
tory become  subject  to  taxation,  as  an  integral  part  of  the  city  and 
county  so  formed,  in  accordance  with  the  assessable  valuation  of  the 
property  of  said  territory  for  the  following  indebtedness  of  said  city 
and  county  of  San  Francisco,  to  wit:  (herein  insert  in  general  terms, 
reference  to  any  debts  to  be  assumed,  and  if  none,  insert  'None') — 'Yes,'  " 
and  "Shall  the  territory  (herein  designate  in  general  terms  the  territory 
to  be  annexed)  consolidate  with  the  city  and  county  of  San  Francisco 
in  a  consolidated  city  and  county  government,  said  consolidation  to 
take  effect  (herein  insert  date  when  such  consolidation  shall  take  effect) 
and  shall  the  said  annexed  territory  become  subject  to  taxation,  as  an 
integral  part  of  the  city  and  county  so  formed,  in  accordance  with  the 
assessable  valuation  of  the  property  of  said  territory  for  the  following 
indebtedness  of  said  city  and  county  of  San  Francisco,  (herein  insert 
in  general  terms,  reference  to  any  debts  to  be  assumed,  and  if  none, 
insert  'None') — 'No.'  "  There  shall  be  a  voting  square  to  the  right  of 
and  opposite  each  such  proposition.  If  au  elector  shall  stamp  a  cross 
(X)  in  the  voting  square  after  the  printed  word  "Yes"  the  vote  of  such 
elector  shall  be  counted  in  favor  of  the  said  proposal,  and  if  an  elector 
shall  stani])  a  cross  (X)  in  the  voting  square  after  the  printed  word 
"No"  the  vote  of  such  elector  shall  be  counted  against  such  proposal. 

§  14.  Manner  of  submitting  question.  Description  of  territory  and. 
debts.  Tlic  iniuiiicr  to  be  followed  by  the  board  of  su]>ervisors  of  the 
said  cHy  ;iiiil  cdiitily  of  San  Francisco  in  the  submission  of  said  question 
and  tlif  lioMing  of  said  election,  their  establishnuMit  of  election  precincts, 
ami  llicir  !i|ipointm('iit  of  election  officers,  ami  llic  jiublieation  in  said 
city    and    i-ouiiiv    of    iioti<'e    of   sucli    election    shall    be    substantiallv    the 


1215  SAN  FRANCISCO.         Act  3348b,  §§  15-17 

same  as  that  set  forth  in  sections  two  and  eight  of  this  act  for  the  sub- 
mission of  an  annexation  proposal  to  any  incorporated,  city  or  town  and 
to  any  district  as  provided  for  in  this  act.  The  notice  required  to  be 
published  shall  include  a  particular  description  of  any  district  so  pro- 
posed to  be  annexed,  together  with  a  particular  description  of  any  debts 
to  be  assumed  by  such  district,  the  same  as  provided  for  in  section  eight 
of  this  act  for  the  notice  to  be  given  to  the  district  referred  to  in  said 
section  eight.  Said  election  in  said  city  and  county  of  San  Francisco 
may,  in  the  discretion  of  the  board  of  supervisors  thereof,  be  held  at 
the  same  time  as  the  elections  held  in  said  district  and  in  said  county 
of  San  Mateo. 

§  15.  Use  of  general  election  laws.  The  ballots  used  in  any  elections 
provided  for  in  this  act,  the  opening  and  closing  of  the  polls,  and  the 
holding  and  conducting  of  such  elections,  shall  be  in  conformity,  as 
nearly  as  may  be,  with  the  laws  of  this  state  concerning  general  elec- 
tions, except  as  herein  otherwise  provided. 

§  16.  Annexation  completed.  Indebtedness  assumed.  Upon  the  ap- 
proval of  any  such  annexation  proposal  by  the  electors  of  said  city  and 
county  of  San  Francisco  as  shown  by  a  canvass  of  the  returns  thereof, 
and  the  certification  of  said  returns  to  the  secretary  of  state^  said  cer- 
tification being  made  in  the  same  manner  as  provided  in  section  twelve 
of  this  act,  the  secretary  of  state  shall  file  the  document  certified  to 
him  by  the  clerk  of  the  canvassing  body  of  the  city  and  county  of  San 
Francisco,  in  his  office  immediately  upon  the  receipt  thereof.  The  secre- 
tary of  state  having  so  filed  said  document  in  his  office,  then,  from  and 
after  the  date  prescribed  in  the  proposal  so  submitted  at  said  elections, 
the  annexation  of  such  district  so  proposed  to  be  annexed,  as  described 
therein,  shall  be  deemed  to  be  and  shall  be  complete  and  thenceforth 
such  annexed  district  shall  be  to  all  intents  and  purposes  a  part  of  such 
city  and  county  of  San  Francisco.  And  from  and  after  said  date  the 
indebtedness  so  referred  to  in  said  proposal  shall  be  deemed  to  have 
been  assumed  and  upon  the  said  date  stated  in  said  annexation  proposal 
such  district  and  such  city  and  county  of  San  Francisco  shall  be  and 
become  one  consolidated  city  and  county  to  be  governed  by  the  charter 
of  the  city  and  county  of  San  Francisco  and  any  amendment  or  amend- 
ments thereto. 

§  17.  Submission  of  new  charter  or  amendments.  Borough  govern- 
ment. Separate  propositions.  Controlling  proposition.  In  any  such  sub- 
mission of  any  proposal  to  the  electors  of  any  incorporated  city  or  town, 
or  of  any  district  proposed  to  be  annexed  to  the  city  and  county  of 
San  Francisco,  or  to  the  electors  of  said  city  and  county  of  San  Fran- 
cisco, as  provided  for  in  this  act,  there  may  be  included  a  condition  that 
any  such  proposed  annexation  shall  be  effected  only  upon  the  ratification 
by  the  electors  of  said  incorporated  city  or  town,  and  of  said  district, 
and  of  said  city  and  county  of  San  Francisco,  at  the  same  election  at 
which  such  annexation  proposal  is  submitted  to  such  electors  of  said 
incorporated  city  or  town,  or  district,  or  city  and  county  of  San  Fran- 
cisco,  of   any   proposed   new   charter   for   said    city   and    county    of   San 


Act  3348b,  §§  18, 19  general  laws.  1216 

Francisco,  or  of  any  proposed  amendment  or  amendments  to  an  existing 
charter  of  said  city  and  county  of  San  Francisco,  which  new  charter 
or  amendment  or  amendments  to  an  existing  charter  may  include  pro- 
v'isions  for  borough  government  for  all  or  any  portion  or  portions  of  any 
territory  proposed  to  be  annexed;  and  also  that  such  proposed  annexation 
shall  be  effected  only  upon  the  final  approval  by  the  legislature  of  such 
new  charter  or  such  amendment  or  amendments  to  an  existing  charter 
of  the  city  and  county  of  San  Francisco. 

In  submitting  any  such  proposed  new  charter  or  such  amendment  or 
amendments  to  an  existing  charter,  at  the  elections  in  the  incorporated 
cities  or  towns,  for  the  ratification  of  the  electors  of  any  of  such  cities 
or  towns,  separate  propositions,  whether  alternative  or  conflicting,  or 
one  included  within  the  other,  may  be  submitted  at  the  same  time  to 
be  voted  on  by  the  electors  separately  in  any  one  or  more  of  such  cities 
or  towns.  As  between  those  so  related,  if  more  than  one  receive  a  major- 
ity of  the  votes  of  any  such  city  or  town,  the  proposition  receiving  the 
larger  number  of  votes  shall  control  as  to  all  matters  in  conflict. 

§  18.  Vote  on  assumption  of  indebtedness.  No  property  in  any  ter- 
ritory annexed  to  said  city  and  county  of  San  Francisco  as  provided  for 
in  this  act,  shall  be  taxed  for  the  payment  of  any  indebtedness  of  such 
city  and  county  outstanding  at  the  date  of  such  annexation  and  for  the 
payment  of  which  the  property  in  such  territory  was  not,  prior  to  such 
annexation,  subject  to  such  taxation,  unless  there  shall  have  been  sub- 
mitted to  the  qualified  electors  of  such  territory  the  proposition  regarding 
the  assumption  of  indebtedness,  as  provided  for  in  this  act,  and  the  same 
shall  have  been  approved  by  a  majority  of  such  electors  voting  thereon, 
as  provided  for  in  this  act. 

§  19.  Description  of  debts.  The  particular  description  of  any  debts 
to  be  assumed  by  any  such  annexed  territory  and  which  particular  de- 
scription shall  be  published,  as  in  this  act  provided  for,  shall  distinctly 
state  that  the  property  of  such  annexed  territory  shall,  after  such  annexa- 
tion, be  subject  to  taxation  as  an  integral  part  of  the  city  and  county 
formed  under  this  act,  along  with  the  entire  territory  of  the  proposed 
city  and  county,  in  accordance  with  the  assessable  valuation  of  the 
property  of  said  annexed  territory  and  equally  with  property  within 
such  annexing  city  and  county,  to  pay  any  bonded  indebtedness  of  any 
such  annexing  city  and  county  outstanding  at  the  date  of  said  annexa- 
tion or  any  indebtedness  theretofore  authorized  and  to  be  represented 
\ty  bonds  of  sucii  annexing  city  and  county  thereafter  to  be  issued,  or 
any  other  indebtedness  of  said  annexing  city  and  county,  which  indebt- 
edness it  is  proposed  sliall  be  so  borne  by  the  said  property  so  annexed. 
The  said  notice  shall,  in  addition,  distinctly  specify  the  improvement 
or  improvements,  or  other  jmrposc  for  which  the  indebtedness  was  so 
incurred  or  authorized  and  state  the  amount  or  amounts  of  such  indebt- 
edness already  incnrred  outstanding  at  the  date  of  the  first  publication 
of  said  notice  and  tin'  .■iminint  or  amounts  of  such  indebtedness  there- 
lofore  authorized  and  to  lie  icpresciited  by  bonds  thereafter  to  be  issued 
and  the  maximum  rate  of  interest  payable  or  to  be  payable  on  such 
indebtedness. 


1217  SAN  FRANCISCO.         Act  :3;U81),  §§  20, 21 

§20.  Government  of  unannexed  territory.  Duty  of  legislature.  Tn 
tlie  event  of  any  election  as  in  this  act  provided  for  at  which  there  shall" 
he  submitted  a  proposal  for  the  annexation  of  any  territory  to  the  city 
and  county  of  8an  Francisco,  which  annexation  will  result  in  the  leavinjr 
of  a  portion  or  portions  of  the  county  of  San  Mateo  unannexed  to  said 
city  and  county  of  San  Francisco,  then  any  notice  of  election  or  election 
ballot  as  provided  for  in  this  act  shall  state  that  the  said  annexation 
and  consolidation  sliall  not  take  effect  until  the  legislature  of  tlie  state 
shall  have,  according  to  law,  provided  for  the  government  of  any  such 
l)ortion  or  portions  of  any  such  county  of  San  Mateo  so  remaining  and 
not  annexed  to  said  city  and  county  of  San  Francisco.  It  shall  be  the 
mandatory  duty  ol  the  legislature,  at  the  first  session  following  any 
suc^  final  election,  in  the  event  of  the  approval  of  such  annexation  pro- 
l)0sal  at  such  election,  or  if  the  legislature  be  then  in  session  then  at 
such  session,  to  so  provide  for  the  government  of  any  such  portion  or 
portions  of  such  county  of  San  Mateo  so  remaining  and  not  annexed 
to  such  city  and  county  of  San  Francisco.  Upon  such  provision  being 
made  by  the  legislature,  and  upon  its  finally  becoming  effective,  and 
upon  the  said  annexation  otherwise  becoming  effective,  then  the  said 
annexation  to  such  city  and  county  of  San  Francisco  shall  be  deemed 
complete  and  in  full  force  and  effect. 

§  21.  Legislature  to  determine  proportion  of  debts  and  liabilities.  Com- 
mission to  advise  legislature.  Expenses  charged  to  city  and  county  of 
San  Francisco.  At  the  session  of  the  legislature  next  after  the  final  con- 
summation of  such  annexation  as  herein  provided  for,  or  if  the  legislature 
is  in  session  at  the  time  of  such  final  consummation  then  at  such  session 
of  the  legislature,  the  legislature  shall  determine  the  just  proportion 
of  the  debts  and  liabilities  of  the  county  of  San  Mateo  for  which  the 
city  and  county  of  San  Francisco  shall  be  liable,  and  the  just  proportion 
of  the  property  and  assets  of  such  county  of  San  Mateo  to  which  such 
city  and  county  of  San  Francisco  shall  be  entitled,  as  existing  at  the 
time  that  any  territory  less  than  the  whole  of  said  San  Mateo  county 
is  taken  from  such  county  of  San  Mateo  as  a  result  of  any  annexation 
as  in  this  act  provided  for.  The  governor  of  the  state  shall  appoint  a 
commission  of  three  persons;  one,  a  qualified  elector  of  the  city  and 
county  of  San  Francisco;  one,  a  qualified  elector  of  the  unannexed  ter- 
ritory, and  one,  a  qualified  elector  of  some  territory  other  than  said 
annexing  city  and  county  and  other  than  such  unannexed  territory,  for 
the  purpose  of  rendering  a  report  to  the  legislature  in  order  to  advise 
the  legislature;  first,  upon  the  proper  provision  for  the  government  of 
any  portion  or  portions  of  such  unannexed  territory;  and,  second,  upon 
the  proper  determination  of  the  just  proportion  of  the  deVjts  and  liabilities 
of  the  county  of  San  Mateo  for  which  such  city  and  county  shall  bs 
liable,  and  of  the  just  proportion  of  the  property  and  assets  of  such 
county  of  San  Mateo  to  which  such  city  and  county  shall  be  entitled, 
as  so  existing  at  the  time  that  any  territory  is  so  taken  ffom  such  county 
of  San  Mateo  as  a  result  of  any  such  annexation  as  in  this  act  provided. 
The  actual  necessary  expenses  of  said  commission,  and  compensation  for 
their  services  at  the  rate  of  ten  dollars  per  day  for  each  day  of  actual 
77 


Act  3348b,  §  22  general  laws.  1218 

service  by  each  of  said  commissioners,  sliall  upon  a  demand  therefor  being 
sworn  to  and  presented  to  the  legislative  body  of  the  city  and  county  of 
San  Francisco  be  a  proper  and  legal  charge  against  the  treasury  of  said 
city  and  county.  The  final  annexation  and  incorporation  of  said  addi- 
tional territory  as  a  part  of  said  consolidated  city  and  county  shall  be 
deemed  completed  upon  following  of  the  procedure  hereinabove  in  this 
act  set  forth,  and  it  shall  not  be  deemed  necessary  to  await  the  said 
action  of  the  legislature  with. reference  to  the  adjustment  of  debts  and 
liabilities  and  property  and  assets  in  this  section  provided  for  prior  to 
said  consolidation  being  final  and  complete. 

§  22.     County,   cities,  and  governmental  agencies  dissolved.     Charters 
amiulled.     Offices  surrendered.     Superior  court.     Property,  debt  and  lia- 
bility.    Upon   the   completion   of   the   annexation   of    any   such   territory 
to  the  city  and  county  of  San  Fi-ancisco  as  provided  for  under  the  pro- 
visions of  this  act,  the  county  of  San  Mateo,  if  the  whole  of  said  county 
be   annexed,  and  each  and  every  incorporated  city  or  town,   or  govern- 
mental agency  of  any  character,  so  annexed,  shall  ipso  facto  be  deemed 
to  be   and  shall  be   dissolved   and  disincorporated,  and  any  freeholders' 
charter   thereof    shall   be    deemed   to   be    and    shall    be   surrendered   and 
annulled  and  such  county  of  San  Mateo  and  any  such  incorporated  cities 
or  towns  or  governmental  agencies,  shall  be  deemed  to  be  and  shall  be 
merged  in  said  city  and  county  of  San  Francisco  and  shall  be  thereafter 
governed  in  the  name  of  and  under  the  freeholders'  charter  of  and  as 
a  part  of  such  city  and  county  of  San  Francisco   or  under  any  amend- 
ment or  amendments  to  such  charter.     Upon  the  final  completion  of  any 
annexation   as   provided   for   in   this   act   all   persons   then   occupying   or 
possessing  the  several  offices  of  or  under  the  government  of  such  county 
of  San   Mateo   or  of  such  incorporated  cities  or  towns,  or  such  govern- 
mental   agencies,    or   unincorporated    territory    so    annexed,    shall   imme- 
diately  quit   and   surrender   the   occupancy  or   possession   of  said   offices, 
which  shall  thereupon  cease  and  terminate  and  they  shall  severally  forth- 
with  deliver   all  moneys,  funds,   books,  papers,   archives   and  records  in 
their  custody   and   all   other  property   of   such   county,  incorporated  city 
or  town,  governmental  agency,  or  unincorporated  territory  in  their  hands 
or  under  their  control,  to  the  proper  officers  of  the  city  and  county  of 
San   Francisco;    provided,   however,   that   if   any   portion  of  said   county 
of  San  Mateo  shall  be  left  unannoxed  to  said  city  and  county  of  San 
Francisco    that    the    disposition    of    such    moneys,    funds,    books,   papers, 
archives  and   records   so  in   the   custody   of   such   officers  of   said   county 
of  San  Mateo,  or  of  unincorporated  territory  so  annexed,  shall  be  deter- 
mined by  the  legislature  in   its  final   action  on  the  government  of  such 
unannexed  territory  as  in   this  act  provided  for.     Any  regularly  consti- 
tuted superior  court  of  this  state  existing  at  the  time  of  such  annexa- 
tion, within  such  county  of  San  Mateo  or  within  such  incorporated  city 
or  town,  or  unincorporated  territory,  so  annexed,  shall  upon  the  consoli- 
dation of  said  jtorritory  as  a  part  of  said  city  and  county  of  San  Fran- 
cisco under  the  terms  of  this  act,  become  a  regularly  constituted  superior 
court  of  the  state  in  and  for  said  city  and  county  of  San  Francisco,  and 
any   person    or   persons   so   occupying   the   position   of   superior   judge   in 


1219  SAN  FRANCISCO.  Act  3348b,  §  23 

any  such  annexed  territory  shall  continue  to  occupy  said  position,  as 
judge  or  judges  of  the  superior  court  o'f  the  state  in  and  for  said  city 
and  county  of  San  Francisco  to  the  end  of  the  term  of  office  for  which 
lie  or  they  may  have  been  elected  or  appointed,  With  the  same  salary 
as  theretofore  attached  to  said  position,  and  thereafter  such  position  shall 
continue  to  be  filled  as  provided  by  law,  and  at  the  same  salary  as  fixed 
by  law  for  the  judges  of  the  superior  court  in  and  for  said  city  and 
county   of   San   Francisco. 

Upon  completion  of  any  annexation,  as  provided  for  in  this  act,  of 
the  county  of  San  Mateo  or  of  any  incorporated  city  or  town,  or  of  any 
unincorporated  territory,  or  governmental  agency,  the  property,  debts 
and  liabilities  of  every  description  of  said  county,  or  incorporated  city 
or  town,  or  of  anj"-  unincorporated  territory,  or  governmental  agency, 
shall  be  and  become  the  property,  debts  and  liabilities  of  such  newly 
consolidated  city  and  county  of  San  Francisco. 

§  23.  Debts,  etc.,  in  San  Mateo  county,  cities,  etc.,  not  affected.  Or- 
dinances repealed.  Pending  cases  transferred.  Street  proceedings  con- 
tinued. Any  annexation  provided  for  under  the  provisions  of  this  act 
shall  not  affect  any  debts,  demands,  liabilities  or  obligations  of  any 
kind  existing  in  favor  of  or  against  such  county  of  San  Mateo  or  such, 
incorporated  cities  or  towns,  or  such  governmental  agencies,  so  annexed, 
at  the  time  of  such  annexation,  or  any  action  or  proceeding  then  pend- 
ing in  any  court  in  which  any  such  debt,  demand,  liability  or  obligation 
of  any  kind  may  be  involved,  or  any  action  or  proceeding  brought  by 
or  against  such  county,  incorporated  cities  or  towns  or  such  govern- 
mental agencies,  prior  to  such' annexation,  but  all  of  such  actions  a,nd 
proceedings  shall  be  continued  and  concluded  to  final  judgment  or  other- 
wise in  all  respects  the  same  as  if  such  annexation  had  not  been  effected; 
provided,  howevei",  that  any  such  debt,  demand,  liability  or  obligation, 
in  favor  of  or  against  such  county,  incorporated  cities  or  towns,  or  such 
governmental  agencies,  so  annexed  shall,  upon  such  annexation,  be  and 
become  such  a  debt,  demand,  liability  or  obligation  in  favor  of  or  against 
such  newly  consolidated  city  and  county  of  San  Francisco.  All  ordin- 
ances or  resolutions  of  such  county  of  San  Mateo  or  of  any  such  incor- 
porated cities  or  towns,  or  such  governmental  agencies,  so  annexed  under 
the  provisions  of  this  act,,  shall  immediately  upon  such  annexation  becom- 
ing effective,  be  deemed  to  be  repealed  and  of  no  further  force  and 
effect;  provided,  however,  that  such  repeal  shall  not  operate  to  discharge 
any  person  from  any  liability,  civil  or  criminal,  then  existing,  nor  affect 
any  pl-osecution  then  pending  for  any  violation  of  any  such  ordinances, 
or  resolutions,  and  all  cases  then  pending  in  any  justice's  court,  police 
court  or  e'ourt  of  any  recorder  or  other  judicial  municipal  magistrate  or 
officer  of  such  county,  incorporated  cities  or  towns,  or  such  governmental 
agencies,  so  annexed  shall,  upon  such  annexation  becoming  effective,  ipso 
facto,  be  deemed  to  be  and  be  transferred  to  the  justices'  court,  police 
court  or  other  judicial  municipal  magistrate  or  officer  of  such  city  and 
countj'  of  San  Francisco  which  has  jurisdiction  of  proceedings  or  misde- 
meanors or  of  other  actions  civil  or  criminal  of  the  character  so  trans- 
ferred; provided,  further,  that  such  repeal  shall  not  apply  to  ordinances 
or  resolutions,  under  which  vested  rights  have  accrued  or  to  ordinances 


Act  3348b,  §§24^27  general  laws.  1220 

or  resolutions  relating  to  proceedings  for  street  or  other  public  improve- 
ments, or  to  proceedings  for  improving,  opening,  extending,  widening 
or  straightening  of  streets  or  other  public  places,  or  to  proceedings  for 
changing  the  grade  thereof,  all  of  which  proceedings  shall  be  continued 
and  conducted  by  and  under  the  authority  of  the  newly  consolidated 
city  and  county  of  San  Francisco  with  the  same  force  and  effect  as  if 
continued  and  conducted  by  and  under  the  authority  of  the  county  of 
San  Mateo  or  of  any  incorporated  city  or  town  by  which  they  were  com- 
menced, and  all  ordinances  and  resolutions  of  said  city  and  county  of 
San  Francisco  shall,  upon  the  completion  of  such  annexation,  ipso  facto, 
have  full  force  and  effect  in  and  throughout  the  said  annexed  territory. 

§  24.  Taxes  levied  but  not  collected  property  of  San  Francisco.  Con- 
dition. In  the  event  that  a  tax  for  county  purposes  has  been  levied  by 
the  board  of  supervisors  of  the  county  of  San  Mateo  or  has  been  so 
levied  for  the  purposes  of  any  political  subdivision,  either  by  such  board 
of  supervisors  or  by  any  legislative  body  of  any  incorporated  city  or 
town,  or  other  governmental  agency,  against  property  situated  in  ter- 
ritory w^hich,  subsequent  to  such  levy,  is  annexed  to  said  city  and  county 
of  San  Fi'aiicisco  under  the  provisions  of  this  act,  but  which  at  the  time 
of  such  annexation  has  not  been  collected,  then  all  such  taxes  so  uncol- 
lected shall  be  and  become  the  property  of  the  city  and  county  of  San 
Francisco;  provided,  however,  that  any  such  taxes  which  have  been 
levied  against  the  property  of  any  district,  for  the  purposes  of  such 
district,  must  be  expended  for  the  benefit  of  any  territory  so  annexed 
and  included  in  such  a  district,  in  accordance  with  the  purposes  of  the 
levy  of  said  tax.  This  section  shall  also  apply  to  all  such  taxes  not 
paid  into  the  county  treasury  or  any  treasury  of  any  incorporated  city  or 
town,  or  other  political  subdivision  or  governmental  agency,  prior  to 
the  taking  effect  of  this  act. 

§  25.  Districts  unchanged.  Nothing  in  this  act  shall  alter  or  affect 
the  bouiularies  of  any  senatorial  or  assembly  district,  or  of  any  con- 
gressional district. 

§  26.  Expenses  paid  by  city  and  county  of  San  Francisco.  All  proper 
expenses  of  proceedings  for  annexation  of  territory  to  the  city  and  county 
of  San  Francisco  under  this  act  shall,  in  the  first  instance,  be  paid 
by  such  city  and  county;  provided,  that  if  such  annexation  be  not  finally 
completed,  then  the  expenses  for  such  election  incurred  in  any  city  or 
town  or  district  which  shall  have  voted  in  favor  of  said  annexation, 
(ir  ill  the  county  of  San  Mateo  if  said  county  shall  have  so  vote(5,  shall 
lie  returned  to  the  said  city  and  county  of  San  Francisco  by  such  city, 
town,  or  county  holding  such  election. 

§27.  Duties  performed  by  other  than  prescribed  officials.  With  ref- 
erence to  any  duties  prescrii)ed  in  tliis  act  to  be  performed  by  the  legis- 
lative body  or  any  other  board,  officer  or  department  of  the  county  of 
San  Mateo  or  any  incorporated  city  or  town  so  proposed  to  be  annexed 
under  the  terms  of  this  act,  or  of  said  city  and  county  of  San  Francisco, 
if  tlic  charter  of  any  such  incorporated  city  or  town  or  of  said  city 
and  counly  of  San   I^'rancisco,  or  any  law,  imposes  such  duties  upon  any 


1221  SAN  FKAN CISCO.  Act  3348b,  §§  28--32 

other  board,  officer  or  department  of  said  county  of  San  Mateo  or  of 
said  incorporated  city  or  town  or  of  said  city  and  county  of  San  Fran- 
cisco, as,  ufjon  a  board  of  election  commissioners  or  registrar  of  voters 
of  said  county  of  San  Mateo,  or  of  sucli  incorporated  city  or  town,  or  of 
said  city  and  county  of  San  Francisco,  tlien  such  duties  shall  be  so 
jierformed  by  such  other  board,  oflieer  or  do2)artinent  upon  wliich  such 
duties    are   so   imposed. 

§28.  Time  for  election.  Any  election  provided  for  in  this  act  may 
be  held  at  a  special  election  or  at  any  general  election. 

§29.  "Grovemmental  agency"  defined.  The  term  "governmental 
agency"  as  used  in  this  act  shall  be  construed  to  include  school  districts, 
lighting  districts,  sanitary  districts,  or  any  other  districts  organized  or 
authorized  by  law,  of  a  special  or  quasi-municipal  character. 

§  30.  Constitutionality.  If  any  section  of  this  act  other  than  section 
thirty-one  thereof,  or  if  any  subsection,  sentence,  clause  or  phrase  other 
than  in  said  section  thirty-one  contained,  is  for  any  reason  held  to  be 
unconstitutional,  such  decision  shall  not  affect  the  validity  of  the  remain- 
ing portions  of  this  act.  If,  however,  said  section  thirty-one,  or  any 
subsection,  sentence,  clause  or  phrase  in  said  section  thirty-one  contained, 
is  for  any  reason  held  to  be  unconstitutional  or  inoperative,  then  in  that 
event  the  validity  of  all  of  the  remaining  portions  of  this  act  shall  be 
deemed  affected  and  invalidated  thereby.  The  legislature  hereby  de- 
clares that  it  would  have  passed  this  act,  and  each  section,  subsection, 
sentence,  clause  and  phrase  thereof,  irrespective  of  the  fact  that  any 
one  or  more  sections  other  than  said  section  thirty-one  or  any  one  or 
more  subsections,  sentences,  clauses,  or  phrases  other  than  in  said  sec- 
tion thirty-one  contained,  are  declared  unconstitutional.  Furthermore, 
this  legislature  declares  that  it  would  not  have  passed  this  act,  either 
in  whole  or  in  part,  unless  said  section  thirty-one  was  included  and 
incorporated  therein  and  made  a  part  thereof,  and  it  hereby  further  de- 
clares said  section  thirty-one,  and  every  subsection,  sentence,  clause  and 
phrase  in  said  section  thirty-one  contained,  to  be  a  substantial  and 
integral  part  of  said  act. 

§  31.  Approval  of  constitutional  amendment  necessary.  This  act  shall 
take  etfect  upon,  and  only  in  event  of,  the  ratification  and  approval  by 
the  people  of  the  state  of  assembly  constitutional  amendment  number 
two,  being  a  resolution  to  propose  to  the  people  of  the  state  of  California 
to  amend  section  eight  and  one-half  of  article  eleven  of  the  constitution 
of  the  state,  relating  to  city  charters  and  to  provisions  therein  for 
municipal  courts,  submitted  by  the  forty-second  session  of  the  legislature; 
and  not  otherwise. 

§32.  Title.  This  act  may  be  designated  and  referred  to  as  the  "San 
Francisco-San  Mateo  Consolidation  Act." 


Acts  3348c,  3348d,  §  1       general  laws.  1222 

ACT  3348c, 

An  act  to  jjrovide  for  the  establishment  of  passenger  transportation 
facilities  upon  The  Embarcadero,  in  the  city  and  county  of  San 
Francisco. 

[Approved  May  17,  1917.     Stats.  1917,  p.  585.     In  effect  July  27,  1917.] 

§  1.  Harbor  commissioners  may  maintain  passenger  service  on  state 
railroad.  The  board  of  state  harbor  commissioners  may  when  in  its 
judgment  the  wants  of  commerce  of  the  port  of  San  Francisco  requires, 
maintain  passenger  service  upon  the  state  railroad  located  upon  The 
Embarcadero  in  the  city  and  county  of  San  Francisco;  provided,  that 
said  board  may  make  such  further  extensions  of  said  service  through, 
over,  under  and  above  lands  within  its  jurisdiction,  and  through,  over, 
under  and  above  the  waterfront  as  defined  by  section  two  thousand  five 
hundred  twenty-four  of  the  Political  Code,  as  said  board  may  determine 
are  demanded'  by  public  convenience  and  necessity;  and  provided,  fur- 
ther, that  if  the  establishment  and  maintenance  of  said  passenger  ser 
vice  upon  such  railroad  shall,  after  careful  investigation,  be  found  by 
said  board  of  state  harbor  commissioners  to  be  impracticablSf  or  not 
feasible,  such  board  may  establish  or  maintain  such  other  passenger 
service  or  the  means,  facilities,  or  modern  street  improvement  by  which 
or  over  which  such  other  passenger  service  can  be  operated  and  main- 
tained by  said  board,  or  by  other  persons,  firms,  associations,  or  cor- 
porations thereunto  authorized  by  said  board. 

§  2.  Acquiring  facilities  for  passenger  traflac.  Said  board  of  state 
harbor  commissioners  shall  have  power  to  acquire  and  furnish  such  facil- 
ities as  are  reasonable  and  necessary  for  the  accommodation  of  pas- 
senger traffic  upon  said  Embarcadero. 

§  3.  Charges.  Charges  for  carriage  by  said  passenger  service  shall 
be  made,  fixed  or  determined  by  the  state  board  of  harbor  commissioners; 
provided,  however,  that  such  charges  shall  not  be  greater  than  shall 
be  necessary  for  the  obtaining  of  sufficient  revenue  which,  in  connection 
with  the  other  revenues  of  the  port  of  San  Francisco,  shall  be  necessary 
for  the  maintenance  of  the  commerce  of  the  port  iueluding  the  main- 
tenance of  said  passenger  service. 

§  4.  Added  powers.  The  state  board  of  harbor  commissioners  may 
obtain  such  added  powers  under  existing  licenses,  grounds,  permits  or 
easements,  or  such  future  licenses,  grounds,  permits  or  easonicnts,  as 
may  be  necessary  to  secure  the  fulfillment  of  thi^  object  of  this  act. 

ACT  3348d. 

An  act  to  aulliorizc  the  board  of  state  harbor  commissioners  to  acquire 
by  purchase,  condemnation,  gift,  grant  or  cession,  certain  property 
in  the  city  and  county  of  San  Francisco,  including  Mission  Eock. 
and  extending  the  jurisdiction  of  said  board  over  the  same,  and 
I)roviding  for  the  jiaymont  for  the  same. 

[Ai)proved  May  17,  1917.     Stafs.   1917,  p.  i\2ry.     In  effect  -Tuly  27.  1917.] 

§  1.     Board  of  state  harbor  commissioners  authorized  to  acquire  certain 

property.      For  the  purpose  of  acquiring  additional  area  for  the  construe- 


1223  SAN  FRANCISCO.  Act  3348d,  §§  2-5 

tion  of  docks,  wharves,  slips  aud  piers  and  increasing  the  harbor  facil- 
ities on  the  waterfront  of  the  city  aud  county  of  San  Francisco,  the 
board  of  state  harbor  commissioners  is  hereby  authorized  and  empow- 
ered to  acquire,  when  in  its  discretion  it  is  deemed  for  the  best  interests 
of  the  harbor,  by  purchase,  condemnation,  gift,  grant  or  cession,  for  and 
on  behalf  of  the  state  of  California,  all  that  certain  tract  or  parcel 
of  land  situated  in  the  city  and  county  of  San  Francisco,  state  of  Cali- 
fornia, and  particularly  described  as  follows,  to  wit:  Commencing  at  a 
point  in  the  bay  of  San  Francisco,  distant  three  thousand  five  hundred 
seventy  feet  southeasterly  from  the  southerly  corner  of  Brannan  and 
Second  streets,  as  the  same  are  laid  down  on  the  official  map  of  said 
city,  said  distance  being  measured  along  the  extension  southeasterly  of 
the  southwesterly  line  of  Second  street;  thence  in  a  southwesterly  direc- 
tion, at  right  angles  with  said  line  of  Second  street  extended,  five  hun- 
dred feet;  thence  at  right  angles  southeasterly  eight  hundred  feet; 
tlience  at  right  angles  northeasterly  eight  hundred  feet;  thence  at  right 
angles  northwesterly  eight  hundred  feet;  and  thence  at  right  angles 
southwesterly  three  hundred  feet,  to  the  point  of  commencement;  said 
tract  of  land  being  a  square,  including  the  rock  known  as  Mission  Rock, 
together  with  the  wharves  and  other  improvements  thereupon  and  the 
appurtenances   thereunto  belonging. 

§2.  Jurisdiction  extended.  The  jurisdiction  of  said  board  shall  be 
and  it  is  herebj'  extended  so  as  to  include  all  of  the  land  described  in 
section  one  of  this  act. 

§  3.  How  acciuired.  Tlie  portion  of  said  tract  that  is  held  in  private 
ownership  may  be  separately  acquired  by  said  board,  and  the  portions 
that  are  owned  by  the  United  States  of  America  may  be  separately 
acquired  by  said  board,  and  said  board  is  hereby  authorized  to  accept 
from  the  United  States  a  cession  or  gift  or  grant  of  said  last-named 
portions,  if  the  same  can  be  obtained,  or  to  acquire  the  same  by  purchase 
or  condemnation,  in  its  discretion. 

§  i.  Action  for  condemnation.  The  board  of  state  harbor  commis- 
sioners may  institute  any  action  or  actions  that  may  be  necessary,  and 
prosecute  the  same  to  final  judgment,  for  the  condemnation  of  any  por- 
tion, or  portions,  of  the  said  tract  of  land,  and  the  purposes  herein 
mentioned  are  hereby  declared  to  be  a  public  use,  in  behalf  of  which 
the  right  of  eminent  domain  may  be  exercised  by  the  board  of  state 
harbor  commissioners  for  and  in  the  name  of  the  people  of  the  state  of 
California,  for  the  estates  and  rights  specified  in,  and  in  the  manner 
provided  in  part  three,  title  seven  of  the  Code  of  Civil  Procedure  of  the 
state  of  California. 

§  5.  Price  payable  from  what  funds.  The  board  of  state  harbor  com- 
missioners is  hereby  authorized  to  pay  the  purchase  price  thereof,  or 
any  judgment  rendered  in  pursuance  hereof  in  such  condemnation  pro- 
ceedings, by  drafts  drawn  upon  the  controller  of  the  state,  who  shall 
draw  his  warrant  or  warrants  therefor  on  the  state  treasurer,  payable 
out  of  any  money  in  the  state  treasury  to  the  credit  of  the  "San  Fran- 


Acts  3417-3527,  §  1  general  laws.  1224 

Cisco  harbor  improvement  fund"  or  of  the  "Third  Sau  Francisco  seawall 
fund,"  or  partly  from  one  and  partly  from  the  other  of  said  fiiiuls,  in 
the  discretion  of  said  board  of  state  harbor  commissioners. 

TITLE  483. 

SAN  LUIS  OBISPO,  TOWN   OF. 
ACT  3il7. 

Charter   of.      [Stats.    1911,  p.    1699.] 
Amended  1913;   Stats.  1913,  p.  1167;   1917,  Stats.  1917,  p.  194i. 

TITLE  486. 

SAN  EAFAEL. 
ACT  3446. 

Charter  of.      [Stats.  1913,  p.  1549.] 
Amended   1917;   Stats.  1917,  pp.  1905,  1967. 

TITLE  487. 

SANTA  BAEBAEA  CITY. 
ACT  3448. 

Charter  of.      [Stats.  1917,  p.  1824.] 

TITLE  493. 

SANTA  MONICA. 
ACT  3527. 

An  act  gjranting  certain  tide-lands  and  submerged  lands  of  the  state  of 
California  to  the  city  of  Santa  Monica  upon  certain  trusts  and  con- 
ditions. 

[Approved  April   10,   1917.     Stats.  1917,  p.  90.     In  effect  July  27,  1917.] 

§  1.  Tide-land  granted  to  Santa  Monica.  There  is  hereby  granted  to 
the  city  of  Santa  Monica,  a  municipal  corporation  of  the  state  of  Cali- 
fornia, and  to  its  successors,  all  the  right,  title  and  interest  of  the  state 
of  California,  held  by  said  state  by  virtue  of  its  sovereignty,  in  and  to 
all  the  tide-lands  and  submerged  lands,  within  the  present  boundaries 
of  said  city,  and  situated  below  the  line  of  mean  high  tide  of  the  Pacific 
Ocean,  to  be  forever  held  by  said  city,  and  by  its  successors,  in  trust  for 
the  uses  and  pur|)oses,  and  u\H)n  the  express  conditions  following,  to  wit: 

(;i)  Purposes  for  which  land  may  be  used.  Term  of  franchises  and 
leases.  Said  lands  shall  lie  used  by  said  I'ity  and  by  its  successors,  solely 
IDr  the  establisliment,  imjfrovement  and  conduct  of  a  harbor  and  for  the 
cstablislimont  and  construction  of  bulkheads  or  breakwaters  for  the 
|iriit<'cti(m  of  lands  wifliin  ils  Ixiundaries,  or  for  the  protection  of  its 
li.irljor,  and  lor  the  consi  nicl  inn,  maintenance  and  operation  thereon  of 
wharves,  docks,  jiicrs,  slips,  quays,  and  other  utilities,  structures  and 
!i  |i]dian('('s  n('C(!ssary  or  convenient  for  the  juomotion  or  accommodation 
of  commerce  and  navigation,  and  the  jirotection  of  the  lands  within  said 
city,  and  said  city,  or  its  successors,  shall  not,  at  any  time,  grant,  convoy, 


1225  SANTA  ROSA— SCHOOLS.     Acts  3528,  3585h,  5^  3 

give  or  alien  said  lands,  or  auy  part  thereof,  to  any  individual,  firm 
or  corporation  for  anj'  purpose  whatsoever;  provided,  that  said  city, 
or  its  successors,  may  grant  franchises  thereon,  for  a  period  not  exceed- 
ing twenty -live  years,  for  wharves  and  other  public  uses  and  purposes, 
and  may  lease  said  lands,  or  any  part  thereof  for  a  period  not  exceeding 
twenty-five  years,  for  purposes  consistent  with  the  trusts  upon  which 
said  lands  are  held  by  the  state  of  California  and  with  the  requirements 
of  commerce   or  navigation   at   said   liarbor; 

(b)  Harbor  improved  without  expense  to  state.  Sai<i  harbor  shall  be 
improved  by  said  city  without  expense  to  the  state,  and  shall  always 
remain  a  public  harbor  for  all  purjioses  of  colnmerce  and  navigation,  and 
the  state  of  California,  shall  have,  at  all  times,  the  right  to  use,  without 
charge,  all  wharves,  docks,  piers,  slijis,  quays  and  other  improvements 
constructed  on  said  lands,  or  any  part  thereof,  for  any  vessel  or  other 
water  craft,  or  railroad,  owned  or  operated  by  the  state  of  California; 

(c)  No  discrimination  in  rates.  Eight  to  fish  reserved  to  people.  In 
the  management,  conduct  or  operation  of  said  harbor  or  of  any  of  the 
utilities,  structures  or  apjiliances  mentioned  in  paragraph  (a),  no  dis- 
crimination in  rates,  tolls,  or  charges,  or  in  facilities,  for  any  use  or  ser- 
vice in  connection  therewith  shall  ever  be  made,  authorized  or  permitted 
by  said  city  or  by  its  successors.  The  absolute  right  to  fish  in  the  waters 
of  said  harbor,  with  the  right  of  convenient  access  to  said  waters  over 
said  lands  for  said  purpose,  is  hereby  reserved  to  the  people  of  the  state 
of   California. 

TITLE  494. 
SANTA  ROSA. 
ACT  3528. 

Charter  of.      [Stats.  1905,  p.  867.] 

Amended   1917;   Stats.    1917,   p.   1811. 
TITLE   495. 

SCHOOLS. 
ACT  3535a. 

An  act  to  authorize  and  empower  the  board  of  trustees  of  the  San  Fran- 
cisco state  normal  school  to  sell  or  exchange  and  convey  .the  lands 
and  buildings  of  said  school;  to  acquire  by  purchase,  gift,  condemna- 
tion or  otherwise  a  new  site  for  said  school  and  to  erect  thereon 
buildings  suitable  and  appropriate  therefor,  or  to  remodel  or  recon- 
struct any  building  already  erected  on  the  site  so  purchased  or  ac- 
quired, and  to  purchase  therefor  necessary  and  appropriate  furniture 
and  equipment;  to  create  a  fund  into  which  shall  be  paid  the  pro- 
ceeds of  the  sale  of  the  present  school  property  and  making  an  appro- 
priation to  carry  out  the  purposes  of  this  act. 

[Approved  January  11,  1916.     Stats.  Ex.  Sess.  1916,  p.  41.] 

Amended  1917;  Stats.  1917,  p.  573. 

The  amendment  of  1917  follows: 

§3.  Disposition  of  moneys  received.  IMoneys  received  from  tlie  sale 
of  said  lands  shall  be  paid  into  the  general  fund  in  the  state  treasurv. 


Act  3535a,  §  §  6-8  general  laws.  1226 

The  board  of  trustees  of  the  state  normal  school  at  8an  Francisco  is 
hereby  authorized  and  empowered  to  examine  the  lands  heretofore  and 
now  occupied  or  owned  by  the  Panama-Pacific  International  Exposition 
or  any  corporation  or  individual  representing  or  acting  for  or  in  con- 
junction with  said  exposition,  and  to  select  therefrom  a  new  and  suit- 
able site  for  said  school  and  to  acquire  by  purchase,  gift,  condemnation 
or  otherwise  for  and  on  behalf  of  the  state  of  California  the  necessary 
lands  and  structures;  and  the  lands  so  selected  and  purchased  shall  be 
and  remain  the  site  of  the  state  normal  school  at  San  Francisco  until 
otherwise  provided  by  law.  [Amendment  approved  May  17,  1917;  Stats. 
1917,  p.  573.] 

§  6.  Improvement  and  buildings.  The  said  board  is  hereby  authorized 
and  empowered  to  improve  the  new  site  in  a  manner  suitable  for  its 
intended  uses,  to  erect  and  construct  thereon  new  and  modern  normal 
school  buildings  and  improvements  necessary  and  proper  for  said  normal 
school.  The  said  board  is  also  authorized  and  empowered  to  provide 
and  purchase  such  furniture,  fixtures,  apparatus  and  other  things  as  may 
be  required  for  the  proper  equipment  of  said  buildings  and  grounds  for 
conducting  said  normal  school. 

§  7.     San  Francisco  State  Normal  School-Exposition  preservation  fund. 

A  fund  in  the  state  treasury  is  hereby  created  and  shall  be  known  as 
"The  San  Francisco  State  Normal  School-Exposition  preservation  fund." 
After  the  conveyance  of  said  site  to  the  state  of  California  the  state 
controller  and  the  state  treasurer  shall  transfer  and  make  the  proper 
entries  upon  their  records,  transferring  the  money  paid  into  the  San 
Francisco  State  Normal  School-Exposition  preservation  fund  and  into 
tlie  general  fund  under  the  provisions  of  an  act  entitled  "An  act  to  pro- 
vide for  the  disposition  of  any  money  or  other  property  accruing  to  or 
1 0  be  received  by  the  state  of  California  as  its  proportionate  share  of  the 
returns  from  the  holding  of  the  Panama-Pacific  international  exposition," 
approved  January  11,  1916,  to  the  general  fund  in  the  state  treasury 
and  placed  to  the  credit  of  the  appropriation  herein  made  from  the  gen- 
oral  fund  of  the  state  treasury.  The  money  so  transferred  shall  be  used 
tor  the  purposes  of  this  act.  [Amendment  approved  May  17,  1917; 
Stats.   1917,  p.  .57.3.] 

§  8.  Appropriation.  Condition.  Out  of  any  money  in  the  state  treas- 
ury not  otherwise  appropriated,  the  sum  of  four  hundred  fifty  thousand 
'lollars,  together  with  the  sum  of  money  herein  ordered  credited  to  this 
appropriation,  is  hereby  appropriated  to  be  expended  in  accordance  witli 
law  for  the  purposes  of  this  act;  provided,  that  no  part  of  the  money 
appropriated  herein  from  the  general  fund  of  the  state  treasury  shall  be 
used  for  the  erection  of  buildings  or  the  making  of  improvements  until 
any  existing  structures  on  said  site  shall  have  been  removed.  Any 
moneys  received  from  the  sale  of  structures  existing  on  said  site  at  the 
time  of  its  purchase  .shall  be  paid  into  the  general  fund  of  the  state 
treasury  and  placed  to  tlie  credit  of  the  ajiproprintion  heroin  made. 
[New  section   added   May    17,    1917;   Sluts.    1917,  j).   .l"."..  | 


1227  SCHOOLS.  Acts  3537d-3584c,  §  1 

ACT  3537d. 

Au   act   confirming   and   validating   the   organization   of   school   districts. 
[Approved  April  24,  '1917.     Stats.   1917,  p.  192.] 

§  1.  Where  the  board  of  supervisors  of  any  county  have  purported  to 
establish  a  school  district  of  any  kind  or  class  situated  within  such 
county  and  such  district  has  acted  as  a  school  district  for  a  period  of  one 
year  previous  to  the  taking  effect  of  this  act,  all  acts  and  proceedings 
taken  for  the  purpose  of  creating  such  district  are  hereby  legalized,  vali- 
dated and  declared  to  be  sufficient,  and  such  school  district  is  hereby 
declared  to  be  duly  incorporated  and  as  such  school  district  under  its 
appropriate  name  shall  have  all  the  rights  and  privileges  and  be  subject 
to  all  the  duties  and  obligations  of  a  duly  incorporated  school  district. 

ACT  3557a. 

An  act  to  authorize  the  board  of  trustees  of  the  San  Jose  State  Normal 
School  to  exchange  certain  land  belougiug  to  said  school  for  other 
land  belonging  to  the  San  Jose  high  school  district. 

[Approved  May  5,  1917.     Stats.  1917,  p.  260.     In  effect  July  27,  1917.] 

§  1.  Board  of  trustees  of  San  Jose  State  Normal  School  may  exchange 
land.  The  board  of  trustees  of  the  San  Jose  State  Normal  School  is 
hereby  authorized  and  empowered  to  exchange,  with  the  written  approval 
of  the  state  board  of  control  and  of  the  governor,  a  certain  parcel  of 
land,  the  property  of  said  normal  school,  commencing  at  a  point  on  the 
original  line  of  east  San  Fernando  street  easterly  five  hundred  three 
feet  from  the  intersection  of  the  original  westerly  line  of  south  Seventh 
street  with  the  original  southerly  line  of  east  San  Fernando  street; 
thence  southerly  at  right  angles  two  hundred  ninety-six  feet;  thence 
easterly  at  right  angles  ten  feet;  thence  northerly  at  right  angles  two 
hundred  ninety-six  feet;  thence  westerly  at  right  angles  ten  feet  to  the 
place  of  beginning;  for  a  parcel  of  land  belonging  to  the  San  .Jose  high 
school  district,  commencing  at  a  point  westerly  four  hundred  forty-three 
feet  from  and  at  right  angles  to  the  original  line  of  south  Seventh  street 
and  southerly  three  hundred  fifty-six  feet  from  the  point  of  intersection 
of  the  original  westerly  line  of  south  Seventh  street  with  the  original 
southerly  line  of  east  San  Fernando  street;  thence  northerly  at  right 
angles  to  said  westerly  line  sixty  feet;  thence  westerly  at  right  angles 
fifty  feet;  thence  southerly  at  right  angles  sixty  feet;  thence  easterly 
at  right  angles  fifty  feet  to  the  place  of  beginning. 

ACT  3584c. 

An  act  to  validate  bonds  of  school  districts  and  high  school  districts 
and  to  provide  for  the  levy  and  collection  of  taxes  to  pay  the  prin- 
cipal and  interest  on  such  bonds. 

[Approved  May  4,  1917.     Stats.  1917,  p.  22S.     In  effect  July  27,  1917.] 

§  1.  School  district  bonds  validated.  Where  in  any  school  district  of 
any  kind  or  class,  including  union  school  districts  and  joint  union  school 
districts,   or   high   school   district  of  any  kind   or  class,  including  union 


Act  3586h,  §  1  GENERAL  LAWS.  1228 

bigh  school  districts  and  joint  union  high  school  districts,  proceedings 
have  been  taken  for  the  purpose  of  issuing  and  selling  bonds  of  such 
district,  for  any  purpose  or  purposes,  all  the  acts  and  proceedings  of  the 
board  of  trustees,  board  of  education  or  other  governing  body  of  such 
district  and  all  the  acts  and  proceedings  of  the  board  of  supervisors  of 
the  county  within  which  such  district  is  situated,  leading  up  to  and 
including  the  issuance  of  such  bonds  if  they  have  heretofore  been  sold, 
and  all  such  acts  and  proceedings  heretofore  had  although  the  bonds  are 
not  yet  sold,  are  hereby  legalized,  ratified,  confirmed  and  validated  to 
all  intents  and  purposes,  and  the  power  of  such  district  and  of  the  board 
of  supervisors  of  the  county  in  which  such  district  is  situated,  to  issue 
such  bonds,  is  hereby  ratified,  confirmed  and  declared,  and  the  bonds 
heretofore  sold  are  declared  to  be,  and  the  bonds  hereafter  sold  shall 
be,  the  legal  and  binding  obligations  of  and  against  the  district  having 
heretofore  issued,  or  hereafter  issuing,  such  bonds,  and  the  faith  and 
credit  of  such  district  is  hereby  pledged  for  the  prompt  payment  and 
redemption  of  the  principal  and  interest  of  said  bonds. 

§  2.  Levy  of  taxes  to  pay  interest  and  principal.  For  the  purpose  of 
paj'ing  the  interest  on  such  bonds  as  it  becomes  due  and  the  principal 
thereof  at  maturity,  the  assessors,  treasurers,  boards  of  supervisors,  and 
other  officers  of  the  respective  counties,  shall  have  the  same  powers  and 
shall  perform  the  same  duties  as  are  provided  by  law  relative  to  the 
assessment,  levy,  and  collection  of  taxes,  and  custody  of  funds,  for  the 
payment  of  the  principal  and  interest  of  bonds  or  school  districts  and 
high  school  districts  of  every  kind  or  class,  respectively. 

§  3.  Bonds  excepted.  This  act  shall  not  operate  to  legalize  any  bonds 
which  have  been  sold  for  less  than  par,  nor  to  legalize  any  bonds  the 
issuance  of  which  has  not  received  the  assent  of  two-thirds  of  the  quali- 
fied electors  of  such  district,  voting  at  an  election  held  for  the  purpose 
of  determining  whether  such  indebtedness  should  be  incurred,  nor  to 
legalize  any  bonds  which  mature  at  a  date  more  than  forty  years  from 
the  time  of  their  issuance. 

ACT  3586h. 

An  act  to  provide  for  tlic  adoption  of  text-books  for  use  in  the  public 
high  schools  of  the  state  and  for  furnishing  text-books  for  the  use  of 
j)upiJs  of  such  schools. 

lAjijiroved  May  IS,  1917.     .Stats.    1917,  p.  7'J9.      In  effect  July  27,  1917.] 

§  1.     Text-books  for  use  in  high  schools.     Furnished  free.     Payment. 

The  high  school  1)oar(l  of  each  and  every  high  seliool  district  shall  adopt 
text-books  for  use  in  such  district  from  a  list  prescribed  by  the  state 
board  of  education.  Such  list  shall  include  text-books  in  such  high  school 
subjects  as  in  the  judgment  of  the  state  board  of  education  require  the 
use  of  text-books;  provided,  that  separate  classics  in  English  and  modern 
hiiignnges  need  not  be  listed.  Tlie  high  school  board  of  each  and  every 
high  school  district  may  purchase  text-books  for  the  use  of  pupils  en- 
rolled in  the  higli  srhnnls  uf  mkIi  district,  which  text-books  shall  at  all 
times  be  and  renuiin  the  property  of  such  district,  to  be  supplied  to  the 


1229  SCHOOLS.  Act  3586h,  §§  2, 3 

pupils  thereof  for  use  without  charge,  or  at  an  annual  rental,  payable  in 
advance,  which  shall  not  exceed  three  dollars  for  all  text-books  required 
by  any  pupil  during  any  school  year;  provided,  that  after  July  1,  1920, 
text-books  shall  be  so  supjilied  to  pupils  of  the  high  schools  without 
charge.  Whenever  a  majority  of  the  heads  of  families  or  a  majority  of 
the  electors  in  any  high  school  district  shall  petition  in  writing  the  high 
school  board  to  furnish  text-books  free  for  the  use  of  the  pupils  enrolled 
in  such  high  school  district,  it  shall  thereafter  be  the  duty  of  the  high 
school  board  to  furnish  such  text-books  free  for  the  use  of  such  puj^ils. 
The  high  school  board  may  pay  for  text-books  furnished  in  accordance 
with  the' provisions  of  this  act,  out  of  the  special  fund  of  such  high  school 
district.  All  moneys  collected  for  rental  of  text-books  shall  be  deposited 
in  the  county  treasury  to  the  credit  of  such  high  school  district  within 
tliirty  days  after  collection. 

§  2.  Text-books  furnished  free  to  pupils  outside  district.  Whenever 
the  high  school  board  of  any  high  school  district  purchases  text-books 
for  the  use  of  pupils  residing  in  portions  of  the  county  not  included  in 
any  high  school  district  and  attending  the  high  school  of  such  district, 
and  furnishes  text-books  free  for  the  use  of  such  pupils,  the  board  may 
on  or  before  August  first  of  each  year  file  with  the  county  superintendent 
of  schools  of  the  county  in  which  such  pupils  reside,  a  list  of  such  pupils 
and  an  itemized  statement  of  the  amount  expended  for  text-books  for 
their  use  during  the  preceding  school  year.  The  county  superintendent 
of  schools  shall  include  such  amount  in  his  estimate  of  the  county  high 
school  fund  required,  and  the  board  of  supervisors  shall  include  the 
amount  in  levying  the  county  high  school  fund.  Before  the  county  super- 
intendent of  schools  shall  apportion  any  of  the  county  high  school  fund 
on  average  daily  attendance,  he  shall  transfer  from  said  fund  to  the 
fund  of  each  of  the  several  high  school  districts  of  the  county,  or  draw 
a  warrant  in  favor  of  the  board  of  trustees  of  such  high  school  district, 
for  the  amount  claimed  by  each  on  account  of  text-books  furnished  free 
for  the  use  of  pupils  residing  in  portions  of  the  county  not  included  in 
any  high  school  district,  and  attending  such  high  school. 

§  3.     Publisher's  application  for  listing   of  books.     Sworn   statement. 

All  publishers  desiring  to  offer  school  books  for  the  use  of  pupils  enrolled 
in  the  high  schools  of  the  state  shall  file  with  the  state  board  of  educa- 
tion at  Sacramento  a  written  application  for  the  listing  of  such  book 
or  books  accompanied  by  a  fee  of  ten  dollars  for  each  book  for  which 
listing  is  applied,  such  sum  to  be  deposited  in  the  state  treasury  and  used 
to  defray  the  cost  of  reviewing  and  examining  said  book;  also  three 
copies  of  each  book,  together  with  a  statement  of  the  list  price  of  said 
book  as  shown  by  the  publisher's  catalogue,  a  statement  of  all  discounts 
allowed  thereon  when  new  copies  of  such  book  are  purchased  by  or  on 
behalf  of  a  high  school  board  directly  from  the  publisher,  and  a  state- 
ment of  the  lowest  exchange  price  that  will  be  given  when  old  books  in 
the  same  subject  and  of  like  kind  and  grade,  but  of  a  different  series, 
are  received  in  exchange;  provided,  that  no  fee  shall  be  required  to  accom- 
pany the  application  for  the  listing  of  a  book  in  a  subject  studied  by 
less  than  one  hundred  pupils  in  the  high  schools  of  the  state.     They  shall 


Act  3586h,  §  4  general  laws.  1230 

.'ilso  submit  a  sworn  statement  giving  the  lowest  net  wholesale  price  at 
which  such  book  is  sold  anywhere  in  the  United  States  and  the  maximum 
total  discount  allowed  thereon  to  any  public  school  board  anywhere  in 
the  United  States.  Such  sworn  statements  shall  give  the  lowest  ex- 
change price  given  anywhere  in  the  United  States  where  old  books  in 
the  same  subject  and  of  like  kind  and  grade,  but  of  a  different  series, 
are  received  in  exchange.  Such  sworn  statement  shall  also  include  a 
statement  that  said  publisher  is  not  directly  or  indirectly  associated  or 
connected  with  any  combination  in  restraint  of  trade  in  text-books,  and 
that  he  is  not  and  will  not  become  a  party  in  any  way  to  any  under- 
standing, agreement  or  combination  to  control  prices  or  restrict  compe- 
tition in  the  sale  of  text-books  for  use  in  the  state  of  California. 

§  4.  Bond  of  publisHer.  Price  at  whicli  book  furnished.  Unitorm 
price.  Keduction  of  price.  Quality  not  to  control  prices.  Each  pub- 
lisher offering  one  or  more  books  for  use  in  the  high  schools  of  the  state 
must,  after  notification  by  the  state  board  of  education  of  its  intention 
to  place  on  the  list  any  book  or  books  submitted  by  him,  and  as  a  pre- 
requisite for  such  listing,  file  with  the  state  board  of  education  a  bond 
payable  to  the  state  of  California  in  a  sum  to  be  determined  by  the  state 
board  of  education,  said  sum  for  any  publisher  offering  one  or  more 
books  to  be  not  less  than  one  thousand  dollars  nor  more  than  ten  thou- 
sand dollars,  the  bond  to  be  conditioned  as  follows:  First,  that  the  pub- 
lisher will  furnish  said  book  or  books  offered  by  him  and  listed  by  the 
state  board  of  education,  to  the  high  school  board  of  any  high  school 
district  in  the  state  at  the  lowest  net  wholesale  price  contained  in  the 
statement  filed  at  the  time  said  book  or  books  were  offered,  less  the  maxi- 
mum total  discount  allowed  thereon  to  any  public  school  board  accord- 
ing to  such  statement,  and  at  the  lowest  exchange  price  given  according 
to  such  statement,  when  old  books  in  the  same  subject  and  of  like  kind 
and  grade,  but  of  a  different  series,  are  given  in  exchange,  which  price 
shall  not  exceed  the  lowest  price  the  publisher  has  made  for  such  book 
or  books  anywhere  in  the  United  States;  provided,  that  the  cost  of  trans- 
porting all  text-books  to  the  high  school  from  the  publisher's  office  or 
depositary  in  California  shall  be  paid  by  the  high  school  district,  or  pre- 
paid by  the  publisher  and  then  charged  to  the  district,  as  the  high  school 
board  may  determine;  second,  that  he  will  maintain  said  price  uniformly 
throughout  the  state  of  California,  on  his  book  or  books,  listed  under 
the  provisions  of  this  act;  third,  that  the  publisher  will  reduce  such  price 
automatically  to  purchasers  within  the  state  of  California  whenever  re- 
ductions are  made  elsewhere  in  the  United  States,  so  that  at  no  time 
shall  any  book  so  filed  and  listed  be  sold  to  school  authorities  in  Califor- 
nia at  a  higher  net  price  than  is  received  for  such  book  elsewhere  in  the 
United  States;  and  that  upon  failure  or  refusal  of  the  publisher  to  make 
such  reduction  all  contracts  for  such  book  or  books  shall  become  null 
and  void;'  fourth,  that  all  such  books  offered  for  sale,  adoption,  or  ex- 
change in  tiie  state  of  California  shall  be  equal  in  quality  to  those  filed 
in  the  office  of  the  state  board  of  education,  as  regards  paper,  binding, 
print,  illustration,  subject  matter,  and  all  other  particulars  that  may 
affect  the  value  of  such  school  books;  fifth,  that  the  publisher  will  not 
in  any  way,  directly  or  indirectly,  become  associated  or  connected  with 


1231  SCHOOLS.  Act3586h,  §§  5-8 

any  eombinatiou  in  restraint  of  trade  in  text-books,  and  that  he  will  not 
enter  into  any  understanding,  agreement,  or  combination  to  control  prices 
or  restrict  competition  in  the  sale  of  school  books  for  use  in  the  state  of 
California;  sixth,  that  the  publisher  will  maintain  an  office  in  California 
or  designate  an  agent  or  arrange  with  a  depositary  in  California,  to 
receive  and  handle  orders  for  said  book  or  books. 

§  5.  Approval.  Term.  Such  bond  shall  be  approved  by  the  attorney 
general,  and  shall  continue  in  force  for  a  period  of  eight  years  after  its 
filing,  at  or  before  the  expiration  of  which  period  a  new  bond  shall  be 
given,  or  the  right  to  continue  selling  such  text-books  in  the  state  of 
California  shall  be  forfeited. 

§  6.  List  sent  to  principals,  county  superintenaents,  and  clerks.  An- 
nual publication.  The  state  board  of  education  shall,  within  six  months 
atter  the  approval  of  such  bond,  send  a  list  of  such  books  to  the  principal 
of  each  high  school,  county  superintendent  of  schools  and  the  clerk  of 
each  high  school  board,  with  a  statement  of  the  list  price,  discounts  and 
the  exchange  price  of  each;  provided,  that  such  lists  shall  not  be  issued 
oftener  than  twice  each  year;  provided,  further,  that  whenever  a  book  is 
dropped  from  the  list,  such  action  shall  not  affect  existing  contracts  for 
such  book.  The  state  board  of  education  shall,  on  or  before  January  1, 
1918,  and  on  or  before  the  first  day  of  January  of  each  following  year, 
publish  and  send  to  the  principal  of  each  high  school,  county  superin- 
tendent of  schools  and  the  clerk  of  each  high  school  board,  a  printed 
copy  of  all  such  lists  then  in  force. 

§  7.  Failure  of  publisher  to  furnish  books.  Forfeit.  If  any  publishers 
shall  comply  with  the  provisions  of  the  foregoing  sections  and  then  fail 
or  refuse  to  furnish  such  books  to  any  high  school  board  upon  the  terms 
herein  provided  within  a  reasonable  time  after  an  order  therefor  is  filed, 
said  board  shall  at  once  notify  the  state  commissioner  of  secondary 
schools  of  such  failure  or  refusal,  and  he  shall  at  once  cause  an  investiga- 
tion of  such  charge  to  be  made.  If  the  state  commissioner  of  secondary 
schools  find  such  charge  to  be  true,  he  shall  at  once  report  his  finding  to 
the  state  board  of  education,  which  shall  notify  such  publisher  and  notify 
the  principal  of  each  high  school  and  the  clerk  of  each  high  school  board 
in  the  state  of  California  that  such  book  or  books  shall  not  thereafter 
be  adopted  or  purchased  by  any  of  the  public  school  authorities  in  the 
state.  Said  publishers  shall  forfeit  and  pay  to  the  state  of  California 
the  sum  of  one  himdred  dollars  for  each  failure  or  refusal  to  furnish  said 
book  or  books,  to  be  recovered  in  the  name  of  the  state  of  California  in 
an  action  to  be  brought  by  the  attorney  general  in  any  proper  court,  the 
amount  when  collected  to  be  paid  into  the  treasury  to  the  credit  of  the 
high  school  fund  of  the  state  of  California. 

§  8.  Adoption  of  text-books  by  school  board.  No  change  for  period  of 
four  years.  The  high  school  board  of  each  high  school  district  in  the 
state  of  California,  at  a  regular  meeting  to  be  held  between  the  first 
Monday  in  February  and  the  first  Monday  in  August  of  each  year,  shall 
adopt  text-books  for  use  in  the  schools  under  its  control,  until  a  com- 
plete  list   of  text-books   covering   the   entire    course    of   study   has   been 


Act  3586h,  §§  9,  10  general  laws.  1232 

adopted.  The  books  so  adopted  shall  be  put  in  actual  use  in  such  district 
not  later  than  the  beginning  of  the  school  year  next  following  such  adop- 
tion. A  majority  vote  of  the  membership  of  any  board  shall  determine 
which  of  said  books  prescribed  by  the  state  board  of  education  shall  be 
used  in  the  schools  under  its  control,  and  after  such  books  have  been 
selected  and  adopted  by  said  board,  no  book  shall  be  changed,  nor  any 
other  book  substituted  therefor,  except  as  otherwise  provided  in  this 
act,  for  a  period  of  four  years  after  the  date  of  its  adoption,  as  shown 
by  the  official  records  of  the  board;  provided,  that  any  such  school  text- 
books as  may  be  in  use  in  the  jiublic  schools  of  California  when  this  act 
goes  into  effect  may  be  continued  until  text-books  are  purchased  and 
distributed  by  the  high  school  board  in  accordance  with  the  provisions 
of  this  act,  but  when  said  books  are  changed,  or  other  books  substituted, 
the  books  adopted  shall  be  from  the  list  prescribed  by  the  state  board  of 
education  in  pursuance  of  this  act  and  shall  be  used  for  a  full  period  of 
four  3'ears. 

§  9.  Text-books  purchased  direct  from  publishers.  All  text-books 
adopted  as  provided  for  in  this  act  may  be  bought  by  the  various  school 
authorities  direct  from  the  publishers  at  the  lowest  net  wholesale  price 
less  the  maximum  total  discount  thereon,  as  listed  by  the  state  board  of 
education.  The  high  school  board  of  each  and  every  high  school  district 
shall  at  a  regular  meeting,  cause  to  be  ascertained  the  number  of  each 
of  such  books  adopted  as  the  schools  under  its  charge  require.  The  clerk 
or  secretary  of  each  high  school  board  may  order  the  book  so  agreed  upon 
direct  from  the  publisher,  agent,  or  depositary  in  California,  who,  on 
receipt  of  such  order,  shall  ship  the  books  as  directed  without  delay.  It 
shall  be  the  duty  of  the  clerk  or  secretary,  or  other  person  named  by  the 
l)oard  for  such  purpose,  to  examine  the  books  when  received,  and  if  found 
to  be  correct  and  in  accordance  with  the  order,  a  warrant  payable  out 
of  the  countj^  or  district  high  school  fund  for  the  proper  amount,  shall 
be  issued  and  remitted  to  the  publisher  within  thirty  days.  It  shall  be 
the  duty  of  each  high  school  board  to  make  all  necessary  provisions  and 
arrangements  to  place  the  books  so  purchased  within  easy  reach  and 
accessible  for  the  use  of  all  the  pupils  in  the  schools  under  its  control. 
All  orders  for  books  under  this  act  shall  be  made  by  a  duly  authorized 
agent  of  the  higli  school  board  and  billed  by  the  publisher  or  the  deposi- 
l:irv  in  California  designated  by  him  to  the  liigli  school  board. 

§  10.     No   emolument  to  be   given   or   accepted.     Sample   copies.     No 

publisher  of  school  text-books,  nor  agent  of  such  publisher,  shall  offer  or 
give  any  emolument,  mon^y,  or  other  valuable  thing,  or  any  inducement, 
to  any  member  of  any  high  school  board  or  school  official  or  teacher  con- 
nected with  any  of  the  high  schools  of  California,  for  his  vote,  or  promise 
to  vote,  or  for  the  use  of  his  influence  for  the  adoption  of  any  school 
text-book  to  l)e  used  in  any  of  the  high  schools  of  this  state,  nor  shall 
any  nicmljcr  of  any  high  school  board  or  school  official  connected  with 
any  of  the  public  schools  of  California,  accept  emolument,  money  or  other 
valuable  thing,  or  any  other  inducement,  from  any  publisher,  or  agent 
of  any  ]>ubliHhcr,  for  his  vote  or  promise  to  vote,  or  for  the  use  of  his 
iiiflu(!nce  for  the  adoption  of  any  school  text-books;  provided,  that  noth- 


1233  SCHOOL!^.  Act  35861,  §  §  1-3 

iug  in  this  section  shall  be  construed  to  prevent  any  person,  publisher, 
or  publisher's  agent  from  lending  one  sample  copy  of  any  school  text- 
book to  any  member  of  a  high  school  board  or  school  official  for  examina- 
tion of  such  books  or  books  before  the  adoption  of  books,  as  provided 
for  in  this  act,  and  nothing  shall  be  construed  to  prevent  such  a  mem- 
ber of  a  high  school  board  or  school  official  from  receiving  such  sample 
copies;  provided,  that  all  copies  of  text-books  so  received  shall  be  re- 
turned within  thirty  days  after  the  adoption  of  text-books  in  the  subject 
or  subjects  by  the  high  school  board. 

§  11.  Penalty.  Any  publisher  of  school  text-books,  or  agent  of  such 
publisher,  or  any  member  of  any  high  school  board  or  public  school 
official  in  the  state  of  California,  who  violates  any  of  the  provisions  of 
this  act,  on  conviction  thereof,  shall  be  punished  as  for  a  misdemeanor; 
and  any  member  of  a  high  school  board  or  public  school  official  shall,  in 
addition,  be  removed  from  his  official  position. 

ACT  35861. 

An  act  to  provide  for  the  organization  and  supervision  of  courses  in 
physical  education  in  the  elementary,  secondary  and  normal  schools 
of  the  state,  and  appropriating  ten  thousand  dollars  therefor. 

[Approved  May  26,  1917.     Stats.  1917,  p.  1176.     In  effect  July  27,  1917.] 

§  1.  Courses  of  physical  education.  The  board  of  education  of  each 
county,  city  and  county,  an-T  city,  whose  duty  it  is  to  prescribe  the  course 
of  study  for  the  elementary  schools  of  such  county,  city  and  county  or 
city,  shall  prescribe  suitable  courses  of  physical  education  in  accordance 
with  the  provisions  of  this  act  for  all  pupils  enrolled  in  the  day  elemen- 
tary schools,  except  pupils  who  may  be  excused  from  such  training  on 
account  of  physical  disability;  and  the  high  school  board  of  each  high 
school  district  shall  prescribe  suitable  courses  of  physical  education  in 
accordance  -with  the  provisions  of  this  act  for  all  pupils  enrolled  in  the 
day  high  schools  of  such  district,  except  pupils  regularly  enrolled  in  high 
school  cadet  companies  and  pupils  who  may  be  excused  from  such  courses 
on  account  of  physical  disability. 

§2.  Purposes  of  courses.  The  aims  and  purposes  of  the  courses  of 
physical  education  established  under  the  provisions  of  this  act  shall  be 
as  follows:  (1)  To  develop  organic  vigor,  provide  neuromuscular  train- 
ing, promote  bodily  and  mental  poise,  correct  postural  defects,  secure  the 
more  advanced  forms  of  co-ordination,  strength  and  endurance,  and  to 
promote  such  desirable  moral  and  social  equalities  as  appreciation  of  the 
value  of  co-operation,  self-subordination  and  obedience  to  authority,  and 
higher  ideals,  courage  and  wholesome  interest  in  truly  recreational  ac- 
tivities; (2)  to  promote  ti  hygienic  school  and  home  life,  secure  scientific 
supervision  of  the  sanitation  of  school  buiblings,  playgrounds  and 
athletic  fields,  and  the  equipment  thereof. 

§3.  Enforcement  of  courses.  It  shall  be  the  duty  of  the  superin- 
tendent of  schools  of  every  county,  city  and  county,  or  city,  and  of  every 

78 


Act  35861,  §§  4-7  general  laws.  1234 

board  of  education,  board  of  school  trustees,  or  high  school  board,  to 
enforce  the  courses  of  physical  education  prescribed  by  the  proper 
authority,  and  to  require  that  such  physical  education  be  given  in  the 
schools  under  their  jurisdiction  or  control.  All  pupils  enrolled  in  the 
elementary  schools,  except  pupils  excused  therefrom  in  accordance  with 
the  provisions  of  this  act,  shall  be  required  to  attend  upon  such  courses 
of  physical  education  during  periods  which  shall  average  twenty  minutes 
in  each  school  day,  and  all  pupils  enrolled  in  the  secondary  schools,  ex- 
cept pupils  excused  therefrom  in  accordance  with  the  provisions  of  this 
act,  shall  be  required  to  attend  upon  such  courses  of  physical  education 
for  at  least  two  hours  each  week  that  school  is  in  session. 

§  4.  Supervisor  and.  special  teachers.  When  the  number  of  pupils  in 
any  city  or  city  and  county  or  school  district  is  sufficient,  such  city  or 
city  and  county  or  school  district  shall  employ  a  competent  supervisor 
and  such  special  teachers  of  physical  education  as  may  be  necessary. 
The  trustees  of  two  or  more  contiguous  elementary  school  districts,  or 
the  trustees  of  one  or  more  elementary  school  districts  and  the  high 
school  board  of  the  high  school  district  in  which  such  elementary  school 
district  or  districts  are  situated,  may  by  written  agreement  join  in  the 
employment  of  a  competent  teacher  of  physical  education  for  such  dis- 
tricts, and  the  salary  of  such  teacher  and  the  expenses  incurred  on 
account  of  such  instruction  shall  be  apportioned  as  the  school  board 
concerned  may  agree. 

§  5.  Courses  in  normal  schools.  The  state  board  of  education,  in 
standardizing  the  courses  of  instruction  oifered  in  the  several  normal 
schools  of  the  state,  shall  prescribe  a  course  in  physical  education  and 
shall  make  the  completion  of  such  course  a  requirement  for  graduation. 

§  6.  Duty  of  state  board  of  education.  It  shall  be  the  duty  of  the 
state  board  of  education:  (1)  to  adopt  such  rules  and  regulations  as  it 
may  deem  necessary  and  proper  to  secure  the  establishment  of  courses 
in  physical  education  in  the  elementary  and  secondary  schools  in  accord- 
ance with  the  provisions  of  this  act;  (2)  to  appoint  a  state  supervisor 
of  physical  education  whose  duties  are  hereinafter  defined;  (3)  to  com- 
pile or  cause  to  be  compiled  and  printed,  a  manual  in  physical  education 
for  distribution  to  teachers  in  the  public  schools  of  the  state. 

§  7.  State  supervisor  of  physical  education.  Salary.  Expenses.  The 
supervisor  of  physical  education  appointed  under  the  provisions  of  this 
act,  shall  be  experienced  in  the  supervision  of  physical  education  in  pub- 
lic schools.  He  shall  not  be  subject  to  the  provisions  of  any  civil  service 
law  of  the  state.  He  shall  exercise  general  supervision  over  the  courses 
of  physical  education  in  elementary  and  secondary  schools  of  the  state; 
shall  exercise  general  control  over  all  athletic  activities  of  the  public 
schools;  shall  advise  school  officials,  school  boards  and  teachers  in  mat- 
ters of  physical  education;  shall  visit  and  investigate  the  work  in  physi- 
cal education  in  the  public  schools  and  shall  perform  such  other  duties 
as  may  be  assigned  to  liim  by  the  state  board  of  education.  He  shall 
receive  a  salary  not  exceeding  throe  thousand  six  hundred  dollars  per 
annum,  as  fixed  by  the  state  board  of  education,  payable  at  the  same 


1235  SCHOOLS.  Acts  3586J,  3586k,  §  1 

time  and  in  the  same  manner  as  the  salaries  of  other  state  oflScers  arc 
payable.  He  shall  also  receive  his  actual  and  necessary  traveling  ex- 
penses while  on  official  business.  The  state  board  of  education  may 
within  the  limits  of  the  appropriation  hereinafter  provided,  employ  such 
expert  and  clerical  assistance  as  may  be  necessary  to  carry  out  the 
provisions  of  this  act. 

§  8.  Appropriation.  The  sum  of  ten  thousand  dollars  is  hereby  appro- 
priated out  of  any  moneys  belonging  to  the  state  not  otherwise  appro- 
priated to  defray  the  expenses  of  the  state  board  of  education  in  carrying 
out  the  provisions  of  this  act,  during  the  sixty-ninth  and  seventieth 
fiscal  years. 

ACT  3586J. 

An  act  relating  to  the  employment  of  janitors  and  employees  of  certain 

school  districts. 

[Approved  May  17,  1917.  Stats.  1917,  p.  645.  In  effect  July  27,  1917.] 
§  1.  Employment  of  janitors  and  employees.  In  any  school  district 
situated  wholly  within  the  boundaries  of  a  city  of  the  first  class  the 
janitors  and  other  employees  of  such  school  district  shall  be  employed  in 
the  same  manner  and  under  the  same  conditions  as  teacRers  are  em- 
ployed by  such  district  and  when  so  employed  shall  be  removed  only  for 
cause  and  after  charges  have  been  filed  and  heard  by  the  board  of  edu- 
cation. All  such  employees  who  have  been  in  the  service  of  any  such 
school  district  continuously  for  a  period  of  one  year  prior  to  the  effective 
date  of  this  act  shall  be  deemed  to  have  been  so  employed.  The  board 
of  education  shall  have  full  power  to  make  and  enforce  all  necessary 
rules  and  regulations  to  carry  out  these  provisions. 

ACT  3586k. 

An   act  empowering  the   state  board   of   education   to   order  the   closing 

from  time  to  time  of  educational  institutions  during  the  continuance 

of  a  state  of  war. 

[Approved   May   5,   1917.     Stats.   1917,  p.   282.     In   effect  immediately.] 

§  1.  State  board  of  education  may  close  educational  institutions. 
Salary  of  teacher.  During  the  continuance  of  a  state  of  war  between 
the  United  States  of  America  and  any  foreign  power,  the  state  board 
of  education,  with  the  approval  of  the  governor,  shall  have  power,  when- 
ever in  the  opinion  of  a  majority  of  its  members  such  step  is  necessary 
for  the  planting  or  harvesting  of  crops  or  for  other  agricultural  or 
horticultural  purposes  and  is  for  the  welfare  of  the  state,  to  make  an 
order  closing,  for  such  time  as  may  be  specified  therein,  any  or  all  educa- 
tional institutions  supported  wholly  or  in  part  by  the  state,  or  any  grade 
or  class  thereof,  and  may,  in  like  manner,  by  similar  order,  postpone 
the  opening  of  any  or  all  such  educational  institutions,  or  any  grade  or 
class  thereof,  during  the  continuance  of  a  state  of  war;  provided,  how- 
ever, that  the  annual  school  term  shall  not  be  reduced  to  less  than  six 
school  months  under  the  provisions   of  this   act;   and  provided,  further. 


Act  3586  1,  §§  1,  2  GENERAL   LAWS.  1236 

that  wlienever  any  sucli  educational  institution  is  closed,  or  the  opening 
thereof  is  delayed,  under  the  provisions  of  this  act,  the  salary  of  any 
teacher  regularly  employed  shall  be  paid  according  to  any  written  con- 
tract between  the  governing  board  of  such  educational  institution  and 
such  teacher,  or  in  case  there  is  no  written  contract,  according  to  any 
(salary  schedule  adopted  by  such  board.  In  case  there  is  neither  such 
contract  nor  salary  schedule,  the  total  salary  paid  for  any  school  year 
in  which  such  order  is  made  shall  not  be  less  than  the  salarj^  paid  by 
the  governing  board  of  sucli  institution  for  similar  service  during  the 
preceding  school  year.  It  is  further  provided  that  nothing  herein  con- 
tained shall  in  any  manner  affect  the  amount  of  money  apj^ortioned  to 
any  school  district  during  any  school  year. 

§  2.  Application  of  order.  Such  an  order  issued  under  the  provisions 
of  section  one  hereof  may  be  made  applicable  to  such  district,  city,  city 
and  county,  county  or  group  of  any  thereof  as  the  state  board  of  edu- 
cation may  determine  and  specify  therein,  and  may  be  altered,  amended 
or  rescinded  from  time  to  time. 

§  3.  Urgency  measure.  Inasmuch  as  the  United  States  is  now  in- 
volved in  war,  this  act  is  hereby  determined  and  declared  to  be  an 
urgency  measure  necessary  for  the  immediate  preservation  of  the  public 
peace  and  safety,  within  the  meaning  of  section  one  of  article  four  of 
the  constitution  and  shall  take  effect  immediately. 

ACT  35861. 

An  act  to  accept  the  provisions  and  benefits  of  an  act  passed  by  the 
senate  and  house,  of  representatives  of  the  United  States  of  America 
in  congress  assembled  and  approved  February  twenty-third,  nine- 
teen hundred  seventeen,  to  provide  for  the  promotion  of  vocational 
education;  to  create  a  vocational  education  fund  and  making  an 
appropriation  therefor. 

[Approved   May   31,   1917.     Stats.    1917,   p.   13S7.] 

§  1.  Provisions  of  federal  vocational  education  act  accepted.  Accept- 
ance of  benefits  of  federal  vocational  education  act.  The  people  of  the 
state  of  California  do  liereby  accoi)t  the  provisions  of,  and  each  and  all 
of  the  funds  provided  by,  an  act  passed  by  the  senate  and  house  of  repre- 
sentatives of  the  United  States  of  America  in  congress  assembled,  en- 
titled "An  act  to  provide  for  the  promotion  of  vocational  education; 
to  provide  for  co-operation  with  tlie  states  in  the  promotion  of  such 
education  in  agriculture  and  the  trades  and  industries;  to  provide  for 
(•o-o[.oratioii  witli  tlio  stiites  in  the  preparation  of  teachers  of  vocational 
suljjects;  and  to  appro[)riate  money  and  regulate  its  expenditure,"  and 
approved  by  the  ])resideiit  February  twenty-third,  nineteen  hundred 
Hcventeen.  In  accepting  the  benefits  of  said  act  the  people  of  the  state 
of  California  agree  to  comply  with  all  of  its  provisions  and  to  observe 
all   of  its  requirements. 

§  '2.  Powers  of  state  board  of  education.  The  state  board  of  educa- 
tion is  hereby  (IcsiHiinled  as  the  state  board  to  carry  out  the  purposes 
and   tiic,  provisions  of  said  act,  and   is  hereby-given  all  necessary  power 


1237  SHASTA  COUNT V.  Act  3608,  §  1 

and  authority  to  co-operate  with  the  federal  board  for  vocational  edu- 
cation in  the  administration  of  the  provis^ions  of  the  federal  act  and  of 
this  act. 

§  3.     Duty     of    state    treasurer.      Vocational     education     fund.      The 

state  treasurer,  as  required  by  said  federal  act,  is  hereby  made  custodian 
of  all  federal  funds  received  by  the  state  of  California  under  the  pro- 
visions of  that  act.  He  is  also  hereby  made  custodian  of  all  state  funds 
appropriated  in  this  act  for  the  purpose  of  co-operating  with  the  federal 
government  in  the  promotion  of  vocational  education.  He  is  hereby, 
authorized  to  receive  and  provide  for  the  proper  custody  of  all  moneys 
provided  under  the  provisions  of  this  act  and  the  above-mentioned 
federal  aot.  It  shall  be  the  duty  of  the  state  treasurer,  upon  receivinj^ 
any  apportionment  of  funds  from  the  federal  government  on  account  of 
the  vocational  education  fund,  to  report  the  same  immediately,  with  the 
amount  thereof,  to  the  state  controller  and  the  state  board  of  education 
and  deposit  the  same  to  the  credit  of  the  "vocational  education  fund," 
which  fund  is  hereby  created.  Thereupon  the  state  controller  and  the 
state  treasurer  shall  transfer  from  the  general  fund  of  the  state  to  the 
vocational  education  fund  an  amount  which  shall  equal  the  amount  appor- 
tioned to  the  state  of  California  under  the  provisions  of  the  federal  act 
mentioned  in  this  act.  The  moneys  so  transferred  into  the  vocational 
education  fund  are  hereby  appropriated  without  reference  to  fiscal  years 
for  the  purpose  of  co-operating  with  the  federal  government  in  promot- 
ing vocational  education  in  this  state  and  are  exempt  from  the  provisions 
of  part  three,  title  one,  chapter  three,  article  eighteen,  of  the  Political 
Code,  relating  to  the  state  board  of  control.  The  moneys  constituting 
the  vocational  education  fund  shall  be  paid  out  by  the  state  treasurer 
on  warrants  drawn  by  the  controller  as  requisitioned  by  the  state  board 
of  education  in  carrying  out  the  provisions  of  this  act,  the  federal  act 
and  the  rules  and  regulations  of  said  state  board  established  as  required 
by  said  acts. 

TITLE  500. 

SHASTA  COUNTY. 
ACT  3608. 

An  act  fixing  the  compensation  of  grand  and  trial  jurors  in  counties  of 
the   twenty-eighth  class. 

[Approved  May  28,  1917.     Stats.  1917,  p.  102.5.     In  effect  July  27,  1917.| 

§  1.  Fees  of  jurors,  counties  of  twenty-eighth  class.  Grand  jurors  or 
trial  jurors  in  criminal  cases  in  the  superior  court  shall  receive,  as  com- 
pensation for  each  day's  attendance,  per  day  three  dollars,  and  for  eacli 
mile  actually  traveled  in  attending  court  as  a  grand  juror  or  juror  at 
a  criminal  case,  in  the  superior  court  in  going  only,  per  mile  fifteen  cents. 
The  county  clerk  shall  certify  to  the  auditor  the  number  of  days'  attend- 
ance and  the  number  of  miles  traveled  by  each  juror,  and  the  auditor 
shall  draw  his  w^arrant  for  the  amount  to  which  each  juror  is  entitled, 
and  the  treasurer  shall  pay  the  same. 


Acts  3670,  3693,  §§  1, 4  general  laws.  1238 

TITLE  510. 

SMELTEES. 
ACT  3670. 

An  act  providing  for  the  investigation  by  the  state  veterinarian,  the 
secretary  of  the  state  board  of  health  and  the  state  commissioner 
of  horticulture  of  injury  to  animal  life  and  vegetation  in  California, 
caused  by  smelter  wastes,  and  making  an  appropriation  therefor. 
[Approved  June  16,  1913.     Stats.  1913,  p.  1147.] 

Repealed  1917;  Stats.  1917,  p.  280. 

TITLE  513. 

SOLDIEES  AND  SAILORS. 
ACT  3693. 

To  provide  for  the  burial  of  ex-Union  soldiers,  sailors  and  marines  dying 
without  leaving  sufficient  means  to   defray  burial  expenses. 

[Approved  March  15,  1889.     Stats.  1889,  p.  198.] 

Amended  1901,  p.  596;  1911,  p.  479;  1913,  pp.  17,  330;  1917,  p..  749. 
The  amendment  of  1917  follows: 

§  1.     Soldiers,  sailors  and  marines  may  be  buried  at  county  expense. 

It  shall  be  the  duty  of  the  board  of  supervisors  of  each  county  in  this 
state  to  designate  a  proper  person  in  the  county,  who  shall  be  an  honor- 
ably discharged  soldier,  sailor  or  marine  who  shall  have  served  in  the 
army  or  navy  of  the  United  States,  whose  duty  it  shall  be  to  cause  to 
be  decently  interred  the  body  of  any  honorably  discharged  soldier,  sailor 
or  marine  who  shall  have  served  in  the  army  or  navy  of  the  United 
States,  or  the  widow  of  any  such  honorably  discharged  soldier,  sailor  or 
marine,  who  may  hereafter  die  without  having  sufficient,  means  to  defray 
funeral  expenses.  Such  burial  shall  not  be  made  in  any  cemetery  or 
burial  ground,  or  any  portion  of  such  cemetery  or  burial  ground,  used 
exclusively  for  the  burial  of  the  pauper  dead.  The  expenses  of  each 
burial  shall  not  exceed  the  sum  of  seventy-five  dollars.  [Amendment 
approved  May  19,  1917;  Stats.  1917,  p.  749.] 

Another  amendment  of  Section  1  of  this  act  was  passed  at  the  same 
session  of  the  legislature.  It  was  in  almost  precisely  the  same  terms 
as  the  above  amendment.     See  Stats.  1917,  p.  17. 

§  4.  Record  of  deceased  soldiers.  Headstones.  It  shall  be  the  duty 
of  the  clerk  of  the  board  of  supervisors,  upon  receiving  the  report  and 
statement  of  expenses  provided  for  in  this  act,  to  transcribe  in  a  book 
kept  for  that  purpose,  all  the  facts  contained  in  such  report  respecting 
such  deceased  soldier,  sailor,  or  marine,  or  the  widow  of  such  soldier, 
sailor  or  marine.  It  shall  also  be  the  duty  of  said  clerk,  upon  the  death 
and  burial  of  any  such  soldier,  sailor  or  marine,  to  make  application  to 
the  proper  authorities  under  the  government  of  the  United  States,  for 
a  snitable  headstone,  as  provided  by  act  of  congress  and  to  cause  the 
same  to  be  placed  at  the  head  of  such  soldier,  sailor  or  marine's  grave, 
the  expenses  of  which  shall  not  exceed  the  sum  of  five  dollars  for  cartage 
and  properly  setting  each  stone,  and  it  shall  be  the  duty  of  the  board  of 


1239  STATE.      Acts  3693a,  3796a,  §  1 

supervisors  to  perpetually  maintain  suitably  and  properly  each  grave  of 
any  such  soldier,  sailor  or  marine  whether  so  marked  by  a  headstone  prior 
to  the  passage  of  this  act  or  subsequent  thereto.  The  expenses  thus 
incurred  shall  be  audited  and  paid  as  provided  in  section  two  of  this  act 
for  burial  expenses.  [Amendment  approved  May  19,  1917;  Stats.  1917, 
p.  749.] 

ACT  3693a. 

An  act  to  provide  for  the  care  of  the  graves  of  soldiers,  sailors  and 
marines  of  the  United  States  of  America  whose  remains  are  buried 
in  certain  cemeteries. 

[Approved  May  11,  1917.     Stats.  1917,  p.  422.     In  effect'  .July  27,  1917.] 

§  1.  Care  of  graves  of  soldiers,  sailors  and  marines.  Wherever  in  any 
place  of  burial  of  human  remains,  which  is  now  or  which  may  hereafter 
be  established  or  organized  by  or  under  the  authority  of  the  board  of 
supervisors  of  a  county,  or  city  and  county,  of  this  state,  or  by  or  under 
the  authority  of  the  board  of  trustees,  city  council  or  other  governing 
body  of  a  municipality  in  this  state,  as  a  cemetery  or  place  of  burial 
of  human  remains,  there  is  or  shall  be  any  known  grave  of  a  former 
soldier,  sailor  or  marine  of  the  United  States  of  America  (who  was  not 
dishonorably  discharged  from  the  service  of  said  United  States),  it  is 
hereby  made  the  duty  of  the  trustees  or  other  officers  who  are  or  may  be 
hereafter  vested  by  law  with  the  power  to  manage  such  cemetery  or 
place  of  burial,  to  keep  such  grave  properly  marked  and  identified,  and 
free  from  weeds  and  rubbish,  and  to  keep  in  decent  order  and  repair 
and  free  from  defacement,  injury  and  unlawful  markings  any  tomb, 
monument,  gravestone,  wall  or  other  appurtenance  appertaining  to  such 
grave. 

§  2.  Tax  levy.  It  is  hereby  made  the  duty  of  such  officers  who  are 
charged  or  who  may  hereafter  be  charged  by  law  with  the  official  power 
to  raise  money  by  taxation  for  maintaining  any  such  cemetery  or  place 
of  burial,  to  include  in  the  tax  levy  for  such  purposes  sufficient  to  raise 
the  amount  necessarj'  to  comply  with  the  requirements  of  this  act. 

TITLE  526. 

STATE. 
ACT  3796a. 

An  act  authorizing  suits  against  the  state  concerning  certain  real  prop- 
erty and  regulating  procedure  therein. 

[Approved  May  14,  1917.     Stats.  1917,  p.  435.     In  effect  July  27,  1917.] 

§  1.  Suits  against  state  to  quiet  title  authorized.  In  all  cases  where 
the  state  of  California  has  apparently  acquired  some  right,  title  or  in- 
terest, or  the  right  to  acquire  some  title  or  interest  in  or  to  real  prop- 
erty in  this  state  by  virtue  of  an  act  entitled  "An  act  relating  to  the 
rights,  powers  and  disabilities  of  aliens  and  of  certain  companies,  asso- 
ciations and  corporations  with  respect  to  property  in  this  state,  provid- 


Acts  3807, 3812  general  laws.  1240 

ing  for  escheats  in  certain  cases,  prescribing  the  procedure  therein,  and 
repealing  all  acts  or  parts  of  acts  inconsistent  or  in  conflict  therewith," 
approved  May  19,  1913,  and  no  proceedings  have  been  instituted  in 
regard  thereto,  as  provided  in  said  act,  any  person  or  persons  claiming 
to  own  any  such  real  property  in  fee,  which  claim  is  based  upon  a  right 
existing  prior  to  the  said  nineteenth  day  of  Maj-,  A.  D.  1913,  is  and  are 
authorized  to  bring  suit  against  the  state  of  California  in  any  court  of 
competent  jurisdiction  in  said  state,  within  one  year  from  the  date  upon 
which  this  act  takes  effect,  to  quiet  title  to  the  said  real  property'  or 
any  portion  thereof,  and  to  prosecute  the  same  to  final  judgment.  The 
rules  of  practice  in  civil  cases  relating  to  suits  to  quiet  title  shall  apply 
to  such  suits  as  may  be  brought  under  this  authorization  except  as  other- 
wise provided.  If  judgment  be  given  against  the  state  in  such  suits, 
no  costs  can  be  recovered  from  the  state. 

§  2.  Service  of  summons.  Service  of  summons  in  such  suits  shall  be 
made  on  the  governor  and  attorney  general  of  the  state.  It  shall  be 
the  duty  of  the  attorney  general  to  defend  in  all  such  suits. 

§  3.  Judgment.  In  all  such  cases  judgment  shall  not  be  entered  by 
default  but  proceedings  shall  be  had  as  provided  in  section  seven  hun- 
dred fifty-one  of  the  Code  of  Civil  Procedure  of  the  state  of  California, 
and  the  judgment  when  entered  shall  have  the  same  force  and  effect 
against  the  state  of  California  as  in  said  section  provided  against  other 
defendants. 

TITLE  529. 
STATE    COMMISSIOX   MAEKET. 
See  post,  Title  534a,  State  Market  Commission. 
ACT  3807. 

An  act  to  provide  for  the  creation  of  the  state  commission  market,  and 
the  organization  thereof,  to  carry  on  the  business  of  receiving  from 
the  producers  thereof  the  agricultural,  fishery,  dairy  and  farm  prod- 
ucts of  the  state  of  California  and  selling  and  disposing  of  such 
products  on  commission,  creating  the  "state  commission  market  fund" 
and  appropriating  money  therefor.  [Approved  June  10,  1915.  Stats. 
1915,  p.  1390.] 
Eepealed  1917;   Stats.   1917,  ]).  I()(i9.     See  ])0st.  Act  3847. 

TITLE  530. 
STATE  ENGINEERING. 

ACT  3812. 

.\n  act  to  create  for  the  state  of  California  a  department  of  engineering, 
to  provide  for  the  appointment  of  the  officers  and  employees  thereof, 
defining  its  powers  and  prescribing  the  duties  of  said  department, 
its  officers  and  emplovees,  to  provide  the  compensation  of  such 
officers  and  emf)loyees,  to  make  an  appropriation  for  the  salaries  and 
other  expenses  for  the  reMiaiiKlcr  of  the  fifty-eighth  fiscal  year  and 
making  certain  acts  a   fcldny  jiikI    rcjiciiliiig  sm   act  entitled  "An  act 


12-4-1  STATE   Els'GlNKKKlNG.  Act  3812,  §  1 

creating  a  commissioner  of  public  works,  defining  his  duties  and 
powers  and  fixing  liis  compensation,"  approved  February  9,  1900, 
and  all  acts  or  parts  of  acts  amendatory  thereof;  also  repealing  an 
act  entitled  "An  act  to  create  a  department  of  highways  for  the 
state  of  California,  to  define  its  duties  and  powers,  to  provide  for 
the  appointment  of  officers  and  employees  thereof,  and  to  provide 
for  the  compensation  of  said  officers  and  employees,  and  for  the  addi- 
tional expenses  of  said  department,  and  to  make  an  appropriation 
therefor  for  the  remainder  of  the  forty-eighth  fiscal  year,"  approved 
April  1,  1897;  also  repealing  an  act  entitled  "An  act  providing  for 
the  appointment  of  an  auditing  board  to  the  commissioner  of  pub- 
lic works,  authorizing  and  directing  him  and  them  to  perform  cer- 
tain duties  relating  to  drainage,  to  purchase  machinery,  tools, 
dredges,  and  appliances  therefor,  to  improve  and  rectify  water  chan- 
nels, to  erect  works  necessary  and  incident  to  said  drainage,  to  con- 
demn land  and  property  for  the  purposes  aforesaid,  making  certain 
acts  a  felony,  and  making  an  appropriation  of  money  for  the  pur- 
poses of  this  act,"  approved  March  17,  1897,  and  all  acts  or  parts  of 
acts  amendatory  thereof;  also  repealing  an  act  entitled  "An  act  to 
provide  for  the  appointment,  duties  and  compensation  of  a  debris 
commissioner,  and  to  make  an  appropriation  to  be  expended  under 
his  directions  in  the  discharge  of  his  duties  as  such  commissioner," 
approved  March  2J:,  1893,  and  all  acts  or  parts  of  acts  amendatory 
thereof;  also  repealing  an  act  entitled  "An  act  to  create  the  office 
of  Lake  Tahoe  wagon  road  commissioner,  providing  the  term  of  office 
and  compensation  of  such  commissioner,  defining  his  duties,  and 
making  an  appropriation  for  the  salary  and  expenditures  provided 
for  and  authorized  by  this  act,"  approved  April  1,  1897,  and  all  acts 
or  parts  of  acts  amendatory  thereof. 

[Approved   March   11,   1907.     Stats.   1907,  p.   215.] 

Amended  1909,  p.  558;  1911,  p.  823;  1915,  pp.  630,  898;  1917,  pp.  541, 
690. 

The  amendments  of   1917  follow: 

§  1.  Department  of  engineering  created.  California  highway  commis- 
sion. A  department  of  and  for  the  state  of  California  to  be  known  as 
the  department  of  engineering  is  hereby  created,  to  consist  of  an  ad- 
visory board  composed  of  the  governor  as  ex-officio  member  and  chair- 
man of  said  board,  the  state  engineer,  who  shall  be  the  chief  executive 
officer  of  the  department,  the  general  superintendent  of  state  hospitals, 
the  chairman  of  the  state  board  of  harbor  commissioners  of  San  Fran- 
cisco, and  three  other  members  to  be  appointed  by  the  governor,  which 
said  three  appointive  members  shall  hereafter  in  this  act  be  designated 
as  the  appointed  members  of  said  advisory  board.  Said  three  appointed 
members  shall  compose  a  subdivision  of  said  department  of  engineering 
designated  as  the  California  highway  commission.  The  said  department, 
its  officers  and  employees,  shall  have  and  exercise  the  powers  and  duties 
hereinafter  set  forth  and  specified,  and  such  as  are  or  may  be  hereafter 
])rovided  by  law.  [Amendment  ap])roved  May  IS,  1917;  Stats.  1917, 
p.   1)92.] 


Act  3812,  §§  11/^-9  GENERAL   LAWS.  1242 

§  1|.  Consulting  board.  Meetings.  Reports.  [Eepealed  May  18, 
1917;  Stats.  1917,  p.  692.] 

§  2.  Head  of  department.  Upon  this  act  becoming  eflfective  the  gov- 
ernor shall  appoint  a  competent  civil  engineer  as  the  head  of  the 
department  of  engineering,  and  such  person  shall  be  known  as  the  state 
engineer.  The  state  engineer  shall  devote  his  entire  time  to  the  services 
of  the  state  and  shall  not  actively  engage  in  any  other  pursuit  vphile 
serving  as  such  state  official.  He  shall  have  charge  of  all  the  engineer- 
ing and  structural  work  of  the  department.  [Amendment  approved  May 
15,   1917;   Stats.   1917,  p.   543.] 

§  6.  Employees,  engineering  department.  The  department  of  engi- 
neering, by  and  through  the  state  engineer,  shall  have  power  to  appoint 
two  assistant  engineers,  a  secretary,  one  state  architect,  one  assistant 
state  architect,  a  general  superintendent  for  the  architectural  division, 
one  mechanical  engineer,  one  architectural  designer,  one  structural  en- 
gineer, an  auditor,  one  electrical  engineer,  one  estimator,  one  specifica- 
tion writer,  one  engineer's  draftsman,  three  architectural  draftsmen, 
two  clerks,  two  stenographers,  a  blue-print  pressman,  a  janitor,  and  such 
additional  assistance  as  the  advisory  board  may,  in  its  judgment,  deem 
necessary,  and  to  fix  their  salaries  and  compensation,  which  officers  and 
appointees  shall  hold  office  at  the  pleasure  of  the  appointive  power,  and 
who  must  be  confirmed  by  the  advisor}'  board  before  j^roceeding  .with 
their  duties.  Such  officers  and  employees  shall  devote  their  entire  time 
to  the  service  of  the  department.  [Amendment  approved  May  15,  1917; 
Stats.  1917,  p.  543.] 

§  9.  Control  of  state  highways.  Expenditures.  Power  to  obtain 
rights  of  way.  Powers  of  state  engineer  assumed  by  highway  commis- 
sion. Highway  engineering.  The  department  of  engineering  shall  take 
and  have  full  possession  and  control  of  all  roads  and  highways  which 
have  been  declared  and  adopted  state  roads  and  state  highways  and  all 
state  roads  and  state  highways  which  may  hereafter  be  acquired  and 
constructed.  All  expenditures  by  the  state  for  highway  purposes,  except 
as  otherwise  hereafter  provided  by  law,  shall  be  under  the  full  charge 
of  the  de])artment  of  engineering,  and  all  moneys  appropriated  for  such 
purpose  shall  be  made  payable  upon  the  proper  demand  of  said  depart- 
ment when  approved  and  audited  by  the  state  board  of  control.  The 
department  of  engineering,  in  the  name  of  the  people  of  the  state  of 
California,  shall  have  the  power  to  obtain  or  condemn  necessary  rights 
of  way  for  any  authorized  state  highway  or  for  the  change  of  any  exist- 
ing state  highway  or  for  any  road  placed  under  the  department's  charge 
by  law  unless  otherwise  provided.  It  shall  have  power  to  alter  or 
change  the  route  of  a  road  and  shall  do  all  things  necessary,  and  obtain 
all  tools  and  implements  required  to  properly  care  for  and  manage  the 
rf)adH  under  the  charge  of  the  department.  Whenever,  under  any  stat- 
iitos  of  this  state,  the  performance  of  any  duty  or  obligation  is  imposed 
iifiori  the  department  of  highways,  the  same  shall  be  assumed  by,  and 
thf  j.erformance  of  the  same  shall  devolve  upon,  the  department  of 
onyiiicfriiig.     The   said   California   highway   commission   shall   forthwith 


1243  STATE    ENGINEERING.  Act  3812,  §  10 

assume  and  have  and  exercise  all  of  the  powers  and  dutios  of  the  state 
engineer  relating  tc  state  roads  and  state  highways  and  other  roads  and 
highways  heretofore  by  law  conferred  or  imposed  upon  said  state  en- 
gineer, and  the  said  state  engineer  shall  immediately  relinquish  and 
transfer  to  the  said  California  highway  commission  all  funds,  papers, 
maps,  records  and  other  documents  of  the  department  of  engineering 
relating  to  the  roads  and  highways  of  the  state  and  thereafter  the  state 
engineer  shall  have  no  further  duty,  power  or  responsibility  with  regard 
to  roads  and  highways,  save  only  such  as  shall  devolve  upon  him  as  a 
member  of  the  advisory  board  of  the  department  of  engineering.  Said 
California  highway  commission  shall  have  the  supervision  and  direction 
of  all  state  roads  and  state  highways  now  existing  and  the  improvement, 
maintenance,  repair  and  protection  thereof,  and  have  charge  of  and 
perform  all  other  duties  relating  to  state  roads  and  state  highways 
which  may  be  imposed  upon  said  commission  by  said  advisory  board. 
The  highway  engineer  shall  be  the  chief  executive  officer  of  the  Califor- 
nia highway  commission  and  shall  perform  such  duties  as  may  be 
imposed  upon  him  by  the  California  highway  commission  which  are  not 
in  conflict  with  any  duties  which  may  be  placed  upon  him  by  said 
advisory  board.  [Amendment  approved  May  18,  1917;  Stats.  1917, 
p.  692.] 

§  10.  Duties  of  highway  commission.  Act  for  road  districts,  etc. 
Biennial  reports.  The  California  highway  commission,  in  addition  to 
such  other  duties  as  may  be  imposed  upon  such  commission  by  law, 
shall — ■ 

(a)  Make  such  investigations  as  will  put  at  the  service  of  the  state 
the  most  approved  methods  of  highway  improvement; 

(b)  Compile  statistics  relative  to  the  public  highways  of  counties  and 
municipalities; 

(c)  If  deemed  expedient  by  said  commission  and  at  the  expense  of 
the  applicants,  either  in  whole  or  in  part,  as  determined  by  said  commis- 
sion, said  county,  road  or  boulevard  district  or  division  and  municipal 
authorities,  upon  request  of  such  county,  road  or  boulevard  district  or 
division  and  municipal  authorities,  in  establishing  grades  and  road  drain- 
age systems  and  advise  with  them  as  to  the  construction,  improvement 
and  maintenance  of  highways  and  bridges. 

(d)  If  deemed  expedient  by  said  commission  and  at  the  expense  of 
the  applicants,  either  in  whole  or  in  part,  as  determined  by  said  com- 
mission, cause  plans,  specifications  and  estimates  to  be  prepared  for  the 
repair  and  improvement  of  highways  and  bridges,  and  in  its  discretion, 
also  act  as  the_consulting  engineer  for  any  county,  road  or  boulevard  dis- 
trict or  division,  or  municipal  authorities,  when  requested  to  do  so  by 
the  county,  road  or  boulevard  district  or  division  or  municipal  authori- 
ties; and  said  commission  may,  in  its  discretion,  and  upon  the  request 
of  the  governing  board  of  any  county,  permanent  road  division,  road  or 
boulevard  district  or  division,  accept  the  funds  "f  any  such  political  sub- 
division for  deposit  in  the  state  treasury,  said  funds  to  be  deposited  in 
such  state  fund  or  funds  as  said  commission  may  designate,  and  the 
state  department  of  engineering  shall  use  and  expend  the  funds  so  de- 
posited  for   the    construction   of   bridges,   roads    or   boulevards   situated 


Act  3812,  §  13  GENERAL   LAWS.  1244 

within  such  political  subdivision,  in  accordance  with  the  jjlans  and  specifi- 
cations and  other  terms  as  are  mutually  agreed  upon  by  said  commission, 
on  behalf  of  the  state  of  California,  and  such  governing  board;  pro- 
vided, however,  that  any  bridge,  road  or  boulevard  constructed  under 
the  provisions  of  this  section  by  and  under  the  jurisdiction  of  said  state 
department  of  engineering  shall  revert  to  the  original  jurisdiction  and 
control  immediately  upon  the  completion  thereof,  unless  such  bridge, 
road  or  boulevard  shall,  in  the  opinion  of  said  commission,  be  and  con- 
stitute an  integral  part  of  the  state  highway  system  as  contemplated 
liy  the  state  highways  act  and  the  state  highways  act  of  1915  or  as  other- 
wise provided  b}'  law;  and,  further,  the  governing  board  of  any  county, 
permanent  road  division,  or  road  or  boulevard  district  or  division  may 
pa}'  into  the  state  treasury,  as  provided  herein,  for  the  purposes  hereof, 
any  funds  under  its  jurisdiction  and  control  subject  to  use  for  bridge^ 
road  or  boulevard  purposes,  created  by  tax  levy  or  .issuance  of  the  bonds 
of  any  such  political  subdivision  or  otherwise. 

(e)  Investigate  and  determine  upon  the  various  methods  of  road  con- 
struction adapted  to  the  different  sections  of  the  state,  as  to  the  best 
methods  of  construction  and  maintenance  of  highways  and  bridges,  and 
make  such  experiments  in  relation  thereto  from  time  to  time  as  said 
commission  deems  expedient. 

(f)  Aid  at  all  times  in  promoting  highway  improvement  througliout 
the  state. 

(g)  Have  the  power  to  call  upon  any  state,  county  or  municipal  offi- 
cial to  furnish  said  commission  with  any  information  contained  in  his 
office  which  relates  to,  or  is  in  any  way  necessary  to,  the  proper  per- 
formance of  the  work  of  said  department  of  engineering,  and  it  is  hereby 
made  the  duty  of  such  officials  to  furnish  such  information  without  cost. 

(h)  Prepare  biennial  reports  relating  to  road  and  highway  work  which 
shall  be  incorporated  by  the  state  engineer  in  his  biennial  reports  which 
he  is  required  by  law  to  submit  to  the  governor  at  least  thirty  days 
before  each  session  of  the  legislature.  [Amendment  approved  May  18, 
1917;  Stats.  1917,  p.  692. 

§  13.  Co-operative  work  with.  United  States  govemment.  All  co-opera- 
tive engineering  work  now  existing  or  to  be  engaged  in  by  the  state 
with  the  United  States  government  shall  be  placed  under  the  depart- 
ment of  engineering.  All  plans,  estimates  and  specifications  shall  be 
approved  by  the  state  engineer  except  that  in  the  ease  of  road  and  high- 
way work  all  plans,  estimates  and  specifications  shall  be  approved  by 
the  California  highway  commission,  and  the  advisory  board  shall  have 
full  power  to  determine  the  kind,  quality  and  extent  of  such  work  under 
co-operation  with  said  government  before  entering  into  agreement  with 
said  government  for  sucli  work.  All  unexpended  moneys  provided  for  by 
law  on  the  aforesaid  co-operative  basis  shall  be  expressly  placed  under 
tlie  full  control  of  the  de[)artnient  of  engineering  and  the  state  controUer 
sliuU  transfer  sucli  funds  to  the  credit  of  the  said  department.  Here- 
after |)lajiH,  estimates  and  specincations  for  such  work  sliall  be  filed  in 
th(!  office  of  said  dc|)artnient.  All  moneys  received  by  the  state  treas- 
urer from  the  Unitecl  States  government  under  project  agreements  relat- 
ing  lo    ICdcral    aid    road    work    shall    be   credited    by    the   state   controller 


1245  STATE  ENGINEERING.  Act  3812,  §§  16,  17 

to  sucli  fund  or  fumls  as  the  state  departiiuMit  of  engineering  shall  desig- 
nate.     I  .Amendment  approved  May   IS,  1917;  Stats.   1017,  p.  H91.] 

§  16,  Biennial  report  of  state  engineer.  The  state  engineer  shall  pre- 
pare biennial  reports  which  shall  be  subni,itted  to  the  governor  at  least 
thirty  days  before  each  session  of  the  legislature.  Said  report  shall 
embrace  the  work  and  investigations  of  the  department  under  his  charge 
for  the  previous  two  years,  together  with  such  recommendations  for 
changes  in  the  laws  affecting  the  department  as  he  may  deem  advisable. 
It  shall  be  the  duty  of  the  state  printer  to  print  all  reports,  bulletins 
or  other  matter  and  furnish  any  other  necessary  illustrations  or  diagram 
therefor  as  the  department  may  deem  necessary,  all  of  which  shall, 
however,  be  subject  to  the  approval  of  the  state  board  of  examiners. 
[Amendment   approved  May   18,   1917;    Stats.    1917,   p.   695.] 

§  17.  Salaries.  Bond.  The  highway  engineer  shall  receive  not  to  ex- 
ceed the  sum  of  ten  thousand  dollars  per  annum;  the  state  engineer  shall 
receive  the  sum  of  five  thousand  dollars  per  annum;  each  assistant  engi- 
neer shall  receive  the  sum  of  three  thousand  dollars  per  annum;  the 
secretary  shall  receive  the  sum  of  three  thousand  dollars  per  annum;  the 
state  architect  shall  receive  the  sum  of  four  thousand  eight  hundred 
dollars  per  annum;  the  assistant  state  architect  shall  receive  the  sum  of 
three  thousand  dollars  per  annum;  the  general  superintendent  for  the 
architectural  division  shall  receive  the  sum  of  three  thousand  dollars 
per  annum;  the  mechanical  engineer  shall  receive  the  sum  of  two  thou- 
sand seven  hundred  dollars  per  annum;  the  architectural  designer  shall 
receive  the  sum  of  two  thousand  seven  hundred  dollars  per  annum;  the 
structural  engineer  shall  receive  the  sum  of  two  thousand  four  hundred 
dollars  per  annum;  the  auditor  shall  receive  the  sum  of  two  thousand 
four  hundred  dollars  per  annum;  the  electrical  engineer  shall  receive  the 
sum  of  two  thousand  one  hundred  dollars  per  annum;  the  estimator  shall 
receive  the  sum  of  two  thousand  one  hundred  dollars  per  annum;  the 
specification  writer  shall  receive  the  sum  of  two  thousand  one  hundred 
dollars  per  annum;  the  engineer's  draftsman  shall  receive  the  sum  of 
two  thousand  dollars  per  annum;  two  architectural  draftsmen  shall  ^re- 
ceive the  sum  of  two  thousand  one  hundred  dollars  per  annum,  each; 
one  architectural  draftsman  shall  receive  the  sum  of  one  thousand  eight 
hundred  dollars  per  annum;  two  clerks  shall  receive  the  sum  of  one  thou- 
sand eight  hundred  dollars  each,  per  annum;  two  stenographers  shall 
receive  the  sum  of  one  thousand  five  hundred  dollars  each,  per  annum; 
the  blue-print  pressman  shall  receive  the  sum  of  one  thousand  five  hun- 
dred dollars  per  annum;  the  janitor  shall  receive  the  sum  of  nine  hun- 
dred dollars  per  annum.  Such  salaries  shall  be  paid  at  the  same  time 
and  in  the  same  manner  as  are  the  salaries  of  other  state  officers.  The 
highway  engineer  shall  furnish  the  state  with  a  bond  in  the  sum  of 
twenty  thousand  dollars;  the  two  assistant  engineers  and  the  state  archi- 
tect shall  each  furnish  the  state  with  a  bond  in  the  sum  of  ten  thou- 
sand dollars;  and  the  secretary  shall  furnish  the  state  with  a  bond  in 
the  sum  of  fifteen  thousand  dollars,  for  the  faithful  performance  of  their 
duties.     Such  bonds  must  be  approved  by  the  governor  of  the  state  of 


Act  3818b,  §  1  GENERAL   LAWS.  124G 

California,  and  filed  in  the  oflaee  of  the  secretary  of  state.  Each  of  the 
three  appointed  members  of  the  advisory  board  shall  receive  the  sum  of 
three  thousand  six  hundred  dollars  per  annum.  Each  and  every  one  of 
the  above-mentioned  officers  shall  take  the  oath  of  office  as  prescribed 
for  other  state  officers.  The, members  of  the  advisory  board,  the  state 
engineer  and  other  officers  and  employees  of  the  department  of  engineer- 
ing shall  be  allovred  their  necessary  traveling  expenses  vphile  engaged  in 
the  discharge  of  their  duties  within  the  state.  Every  employee  of  the 
department  of  engineering  who  is  intrusted  with  moneys  belonging  to 
the  state  and  who  is  not  already  required  by  law  to  furnish  an  official 
bond  shall  file  a  bond  if  the  said  department  shall  so  require  in  such 
an  amount  as  the  department  shall  deem  to  be  expedient  with  two  suffi- 
cient sureties  thereon  or  with  a  surety  company  of  recognized  standing 
for  the  faithful  performance  of  his  trust,  which  bond  must  be  approved 
by  the  state  board  of  control  and  filed  with  the  state  treasurer.  The 
premium  or  charge  for  every  such  bond,  if  given  by  a  surety  company, 
shall  be  paid  by  said  department  out  of  the  particular  fund  under  its 
control,  from  which  fund  the  moneys  are  withdrawn  and  placed  in  the 
custody  of  the  bonded  employee  or  out  of  that  fund  to  which  the  ser- 
vices of  such  employee  directly  pertain.  [Amendment  approved  May  15, 
1917;  Stats.  1917,  p.  543.] 

ACT  3818b. 

An  act  to  appropriate  money  to  be  expended  by  and  under  the  direc- 
tion of  the  department  of  engineering  for  the  purpose  of  rectifying 
and  improving  the  channels  of  the  Sacramento,  San  Joaquin  and 
Feather  rivers  and  such  other  waters  of  the  state  as  the  department 
of  engineering  may  determine;  improving  the  navigability  of  such 
waters  and  acquiring  land  for  necessary  rights  of  way  therefor; 
making  surveys,  investigations  and  report  upon  the  feasibility  of 
canalizing  the  rivers  of  the  state  and  consti-ucting  canals  for  navi- 
gation, and  making  surveys,  investigations  and  plans  for  flood  con- 
trol; the  examination  and  supervision  of  dams;  the  investigation  of 
rainfall,  snowfall  and  runoff  affecting  navigation  and  flood  control; 
and  giving  the  department  of  engineering  authority  over  dams,  mak- 
ing it  unlawful  to  construct  or  maintain  dams  in  a  dangerous  con- 
dition and  providing  penalties  for  violations  of  the  act  and  directing 
who  shall  prosecute  such  violations. 

[Approved  May  14,  1917.     Stats.  1917,  p.  516.     In  effect  July  27,  1917.] 

§1.  Appropriation:  improving  Sacramento,  San  Joaquin  and  Feather 
rivers.  Tlie  sum  of  one  hundred  fifty  thousand  dollars  is  hereby  appro- 
priated out  of  any  moneys  in  the  state  treasury  not  otherwise  appro- 
priated, to  bo  expended  by  the  department  of  engineering  for  the  purpose 
of  rectifying  and  improving  the  channels  of  Sacramento,  San  Joaquin 
nnd  Feather  rivers,  and  such  other  waters  of  the  state  as  the  depart- 
ment of  engineering  may  determine,  improving  the  navigability  of  such 
waters,  acquiring  land  for  necessary  rights  of  way  for  such  improve- 
monts;   making  surveys,  investigations  and  reports  upon  the  feasibility 


1247  STATE  ENGINEERING.  Act  3818b,  §  2 

of  canalizing  the  rivers  of  the  state  and  constructing  navigable  canals, 
making  surveys,  investigations  and  plans  for  flood  control  upon  any 
stream,  the  Hood  waters  of  which  may  injure  or  menace  lands  in  the 
state  of  California,  including  the  examination  and  supervision  of  dams, 
and  investigation  of  rainfall,  snowfall  and  runoff  affecting  or  tending 
to  affect  navigation  or  flood  control  upon  any  of  the  streams  of  the 
state;  provided,  however,  that  before  any  expenditure  shall  be  made  or 
contracts  awarded  by  said  department  for  construction  work  to  be  done 
affecting  navigable  waters,  the  plans  therefor  shall  be  approved  by  the 
proper  officers  of  the  government  of  the  United  States  having  charge  of 
river  work  in  California. 

§  2.  Dams  under  authority  of  department  of  engineering,  (a)  All 
dams  in  the  state  of  California,  other  than  those  for  impounding  min- 
ing debris  constructed  under  the  authority  of  the  California  debris  com- 
mission, or  dams  cooistructed  by  a  municipal  corporation  maintaining  a 
department  of  engineering,  shall  be  under  the  authority  of  the  state 
department  of  engineering,  and  the  department  shall  exercise  super- 
vision over  any  dam,  the  failure  of  which  would  endanger  life  or  prop- 
erty, and  shall  have  power  to  prescribe  and  enforce  compliance  with 
measures  for  making  such  dams  safe  against  failure;  provided,  that  this 
section  shall  not  apply  to  any  dam  which  is  part  of  a  "water  system"  as 
defined  in  section  two  of  the  public  utilities  act  of  this  state,  and  nothing 
in  this  act  shall  be  construed  to  limit  the  jurisdiction  of  the  railroad 
commission  over  such  dams. 

(b)  Approval  of  plans.  It  shall  be  unlawful  for  any  person,  firm,  cor- 
poration or  district  to  construct,  maintain  or  operate  any  dam  known 
to  be  unsafe,  or  which  if  the  destruction  or  failure  thereof  would  endan- 
ger life  or  property;  or  to  construct,  reconstruct,  repair  or  improve,  main- 
tain or  operate  any  dam  which  is  or  would  be  ten  feet  or  more  in  height 
or  which  will  impound  water  or  other  fluid  to  the  amount  of  three  million 
gallons  unless  the  plans,  specifications  and  construction  thereof  shall  have 
been  approved  in  writing  by  the  state  department  of  engineering. 

(e)  Penalty.  Any  person,  firm,  corporation  or  district  who  shall  violate 
the  provisions  of  this  section  is  subject  to  a  penalty  of  not  less  than  five 
hundred  nor  more  than  two  thousand  dollars  for  each  and  every  offense. 
Each  day  that  such  violation  of  the  provisions  of  this  section  shall  con- 
tinue shall  be  deemed  and  considered  a  separate  and  distinct  offense. 

(d)  Permitting  work  contrary  to  plans  felony.  Any  person  acting 
for  himself  as  owner,  or  as  director,  officer,  agent  or  employee  of  any 
firm,  corporation  or  district  engaged  in  the  construction,  reconstruction, 
improvement  or  repair  of  any  dam,  the  plans  and  specifications  of  which 
have  been  approved  by  the  department  of  engineering,  or  any  contractor, 
or  agent  or  employee  of  such  contractor,  who  shall  knowingly  permit 
work  to  be  executed  thereon  contrary  to  the  plans  and  specifications 
approved  as  aforesaid,  or  any  inspector  or  employee  of  the  department 
of  engineering  who  shall  have  knowledge  of  such  wort  being  done  and 
fail  to  immediately  notify  the  department  of  engineering  thereof,  is 
guilty  of  a  felony  and  subject  to  the  penalty  of  confinement  in  the  st-ate 
penitentiary  for  not  less  than  one  nor  more  than  five  years. 


Act  3818c,  §  1  GENERAL    LAWS.  1248 

(c)  Duty  of  district  attorney.  Upon  the  complaint  of  the  department 
of  engineering  any  district  attorney  is  hereby  authorized  and  directed 
to  prosecute  violations  of  the  provisions  of  this  section. 

§3.  Audit.  All  expenditures  hereunder  for  rights  of  way,  labor, 
materials  and  machinery,  or  in  payment,  in  whole  or  in  part,  of  any 
contract  shall,  before  being  paid,  be  audited  by  the  state  board  of  con- 
trol, as  provided  by  law. 

^  4.  When  available.  Of  the  money  herein  appropriated  fifty  thou- 
sand dollars  shall  become  available  immediately  upon  this  act  becoming 
effective  and  the  remaining  one  hundred  thousand  dollars  shall  become 
available  on  the  first  day  of  July,  1918. 

ACT  3818c. 

An  act  to  provide  for  the  accomplishment  of  the  work  of  the  direct 
improvement  of  the  navigation  of  the  Sacramento,  San  Joaquin 
and  Feather  rivers  of  the  state  of  California,  by  controlling  the 
floods,  removing  the  debris  and  continuing  the  improvement  of  the 
Sacramento  river,  California,  in  accordance  wdth  the  plans  of  the 
California  debris  commission  contained  in  the  report  of  said  commis- 
sion submitted  August  10,  1910,  and  transmitted  to  the  speaker  of 
the  house  of  representatives  of  the  United  States  by  the  secretary 
of  war  on  June  27,  1911,  and  printed  in  house  of  representatives 
document  number  eighty-one  of  the  first  session  of  the  sixty-second 
United  States  congress,  as  modified  by  the  report  of  said  commission 
submitted  February  8,  1913,  approved  by  the  chief  of  engineers  of 
the  United  States  army  and  the  board  of  engineers  for  rivers  and 
harbors  and  i^rinted  in  rivers  and  harbors  committee  document  num- 
ber five,  sixty-third  United  States  congress,  first  session,  in  so  far  as 
saicl  plan  provides  for  the  rectification  and  enlargement  of  river 
channels  and  the  construction  of  weirs;  and  making  an  appropriation 
for  such  work;  and  providing  for  the  continuance  of  such  work  ■as 
provided  by  section  two  of  an  act  of  the  congress  of  the  United 
Slates  entitled  "An  act  to  provide  for  the  control  of  the  floods  of 
the  Mississippi  river  and  of  the  Sacramento  river,  California,  and 
for  other  purposes,"  approved  March   1,  1017. 

I  A]. proved   May    1;1,    1917.     Stats.    1917,   ]..   n;;!).      In    ellect   Julyl,    1917,] 

§1.  Appropriation:  flood  control.  Tlic  sum  of  five  hundred  thou- 
.sand  dollars  is  hereby  apiirojjriated  out  of  any  mojiey  in  the  state  treas- 
ury not  otherwise  appropriated,  which  shall  be  available  July  1,  1917, 
for  controlling  the  floods,  removing  the  debris  and  continuing  the  im- 
|)rovement  of  the  Sacramento  river,  California,  in  accordance  with  the 
[)lans  of  the  California  debris  commission  contnitied  in  the  report  of 
said  commission  submitted  August  10,  1910,  ;ind  tiansmitted  to  tlie 
speaker  of  the  house  of  represent atives  of  the  Cnited  States  by  .tJie 
secretary  of  war  on  .luiie  L'7,  1911,  ;ind  |irinted  in  house  of  representa- 
tives document  numl)er  eighty-one  of  the  first  session  of  the  sixty- 
Hccond  TTiiited  States  congress,  as  modified  by  the  report  of  said  com- 
mission submitfe(|  iM-liruary  8,   lill.'i,  iipproved  l>y  tlie  chief  of  engineers 


3-49  STATK    LAND    Sl-riTLEMKN'r    BOARD.  Act  3822,  );   ] 

of  t!u'  I'liited  States  iiiiny  ami  tlu'  buard  of  t'uj>iiioers  for  livers  ami 
harbors  and  printed  in  Rivera  and  Harbors  Committee  Document  Num- 
ber Five,  .Sixty-third  United  States  Congress,  First  Session,  in  so  far  as 
said  plan  provides  for  the  reetifioation  and  enlargement  of  river  chan- 
nels and  tlie  construction  of  weirs. 

§  2.  Condition.  Tiie  a[)|iropriatiun  made  by  section  one  of  this  act 
is  made  in  compliance  with  the  provisions  of  section  two  of  that  certain 
act  of  congress  of  the  United  States  entitled  "An  act  to  provide  for 
the  control  of  the  floods  of  the  Mississi^jpi  river  and  of  the  Sacramento 
river,  California,  and  for  other  jiurposes,"  approved  March  1,  1917,  and 
shall  be  paid  to  the  treasurer  of  the  United  States  whenever  a  like 
sum  of  five  hundred  thousand  dollars  shall  have  been  appropriated  or 
authorized  to  be  appropriated  by  the  congress  of  the  United  States, 
conditional  on  the  payment  of  an  equal  amount  by  the  state  of  Cali- 
fornia, for  the  i)rosecution  of  said  work  ]mrsuant  to  section  two  of  said 
act  of  congress. 

§  3.  Eixpended  by  California  debris  commission.  The  money  herel)y 
appropriated,  when  paid  to  the  treasurer  of  the  United  States,  shall 
be  expended  under  the  direction  of  the  California  debris  commission 
and  in  such  manner,  as  it  may  require  or  approve,  and  as  ])rovided  in 
section  two  of  said  act  of  congress;  and  none  (jf  the  money  so  appro- 
priated shall  be  expended  in  the  purchase  of  or  payment  for  any  right 
of  way,  easement  or  land  acquired  for  the  purposes  of  said  improvement. 

§4.  Controller's  warrant.  The  controller  of  the  state  of  Californi'i 
is  hereby  authorized  and  directed,  upon  request  of  the  governor,  to  draw 
his  warrant  or  warrants  on  the  state  treasurer  in  favor  of  the  treasurer 
of  the  United  States  for  the  amount  hereby  appropriated,  and  the  state 
controller  is  hereby  directed  to  pay  the  same. 

§  5.  In  case  less  sum  appropriated  by  congress.  If  the  congress  of 
the  United  States  shall  not  appropriate  the  full  sum  of  five  hundred 
thousand  dollars  for  the  ))rosecution  of  said  work  in  accordance  w'ith 
section  tv?o  of  said  act  of  congress,  as  hereinbefore  referred  to,  but  shall 
appropriate  a  less  sum  or  sums  from  time  to  time  for  said  purpose,  then 
the  said  sum  hereby  appropriated  shall  become  available  and  be  paid 
over  to  the  treasurer  of  the  United  States,  for.  said  purpose  as  herein- 
before provided,  in  such  sum  or  sums  from  time  to  time  as  ma\'  equal 
the  sum  or  sums  so  appropriated  or  authorized  to  be  appropriated  by 
congress. 

TITLE  532a. 

STATE   LAXD  SP:TTLEMENT  BOARD. 
ACT  3822. 

An   act  creating  a  state  land   settlement   board  and   defining  its   powers 
and   duties   and   making   an   appropriation   in   aid   of   its   operations. 

[Approved  June  1,  1917.     Stats.  1917,  p.  1566.     In  effect  July  31.  1917.] 

§  1.  Importance  of  land  settlement.  The  legislature  believes  that  laml 
settlement  is   a  problem   of  great   importance  to  the   welfare   of   all   the 


Act  3822,  §§  2-4  general  laws.  1250 

peojjle  of  the  state  of  California  and  for  that  reason  through  this  par- 
ticular act  endeavors  to  improve  the  general  economic  and  social  condi- 
tions of  agricultural  settlers  within  the  state  and  of  the  people  of  the 
state  in  general. 

§  2.  State  land,  settlement  board  created.  Term.  Per  diem  and  ex- 
penses. Officers.  Superintendent.  With  the  object  of  promoting  closer 
agricultural  settlement,  assisting  deserving  and  qualified  persons  to  ac- 
quire small  improved  farms,  providing  homes  for  farm  laborers,  increas- 
ing opportunities  under  the  federal  farm  loan  act,  and  demonstrating  the 
value  of  adequate  capital  and  organized  direction  in  subdividing  and 
preparing  agricultural  land  for  settlement,  there  is  hereby  created  a  state 
land  settlement  board  to  consist  of  five  members  appointed  by  the  gov- 
ernor to  hold  office  for  a  term  of  four  years  and  until  their  successors 
have  been  appointed  and  shall  have  qualified;  provided,  however,  that 
of  the  members  first  appointed  two  shall  be  appointed  to  hold  office  until 
the  first  day  in  January,  nineteen  hundred  eighteen,  one  until  the  first 
day  in  January,  nineteen  hundred  nineteen,  one  until  the  first  day  in 
January,  nineteen  hundred  twenty,  and  one  until  the  first  day  in  January, 
nineteen  hundred  twenty-one. 

The  members  of  the  board  shall  receive  a  per  diem  for  each  meeting 
attended,  to  be  fixed  by  the  state  board  of  control  with  the  approval  of 
the  governor;  they  shall  also  receive  their  actual,  necessary  traveling 
expenses  in  the  discharge  of  their  duties. 

The  board  shall  elect  its  own  chairman  and  secretary.  The  secretary 
may  or  may  not  be  a  member  of  the  board.  The  board  shall  appoint  a 
superintendent  who  shall  be  the  general  executive  officer  of  the  board, 
and  such  expert,  technical,  and  clerical  assistance  as  may  prove  neces- 
sary, and  shall  define  their  duties.  It  shall  fix  the  salaries  of  all  officers 
and  other  employees,  with  the  approval  of  the  state  board  of  control. 

§  3.  Body  corporate.  Quorum.  The  state  land  settlement  board  here- 
inafter called  tlie  board,  shall  constitute  a  body  corporate  with  the  right 
on  behalf  of  the  state  to  hold  property,  receive  and  request  donations, 
sue  and  be  sued,  and  all  other  rights  provided  by  the  constitution  and 
laws  of  the  state  of  California  as  belonging  to  bodies  corporate. 

Three  members  of  the  board  shall  constitute  a  quorum  and  such  quorum 
may  exercise  ail  tiie  power  and  authority  conferred  on  the  board  by  this 
act. 

§  i.  Agricultural  lands  to  be  acquired  and  sold.  For  the  purposes  of 
this  act  the  board  may  in  the  manner  hereinafter  provided  acquire  on 
l)ehalf  of  the  state  agricultural  lands  in  California  that  are  susceptible 
of  intensive  culture  and  suitable  for  colonization  in  an  area  of  not  more 
than  ten  thousand  acres,  together  with  any  water  rights  and  rights  of 
wa}'  desirable  or  necessary  therefor,  and  shall  without  delay  improve, 
subdivide  and  sell  such  lauds  with  appurtenant  water  rights  to  approved 
lioiia  fiili'  settlers  under  tlic  coiiditions  and  in  tlie  manner  hereinafter 
provided;  i)rovided,  that,  witli  the  approval  of  tlie  governor,  the  board 
shall  have  the  authority  to  set  aside  for  townsitc  purposes  a  suitable 
area  purchased  under  the  provisions  of  this  act  and  to  subdivide  such 


1251  STATE   LAND    SETTLEMENT    BOARD.       Act  3822,  §§  5-9 

area  and  sell  or  lease  the  same  for  cash,  in  lots  of  such  size,  and  with 
such  restrictions  as  to  resale,  as,  with  the  approval  of  the  governor,  they 
shall  deem  h(^i;  and  provided,  further,  that  the  board  shall  have  author- 
ity to  set  aside  and  dedicate  to  public  use  such  area  or  areas  as  it  may 
deem  desirable  for  roads,  schoolhouses,  churches,  or  other  public  purposes. 

§5.  Purchase  of  private  lands.  Whenever  the  board  believes  that 
private  land  should  be  purchased  for  settlement  under  this  act,  it  shall 
give  notice  by  publication  in  one  or  more  newspapers  of  general  circula- 
tion in  this  state,  setting  forth  the  area  and  character  of  the  land  desired 
and^  the  conditions  that  shall  govern  such  proposed  purchase,  and  invit- 
ing owners  of  lands  believed  to  be  suitable,  and  who  are  willing  to  enter 
into  a  contract  for  the  sale  of  such  lands  on  the  conditions  proposed, 
to  submit  such  lands  for  inspection. 

§  6.  Inspection  of  tracts.  Within  thirty  days  thereafter  the  board 
shall  direct  an  officer  or  officers  in  its  employ,  or  one  or  more  persons 
who  may  at  its  request  be  designated  by  the  dean  of  the  college  of  agri- 
culture of  the  University  of  California,  to  inspect  and  report  on  all  tracts 
of  land  suitable  for  closer  settlement  which  are  so  submitted. 

§  7.  Report  of  inspection.  The  board  shall  give  not  less  than  one 
week's  notice  of  the  approximate  date  when  tracts  submitted  will  be 
inspected  and  every  report  of  such  inspection  shall  as  far  as  practicable 
specify  the — 

(a)  Situation  and  brief  description  thereof; 

(b)  Extent  and  situation  of  land  comprising  so  much  of  any  tract  as 
it  is  proposed  to  acquire; 

(c)  Names  and  addresses  of  the   owners  thereof;     ' 

(d)  Character  of  water  rights; 

(e)  Nature  of  improvements; 

(f)  Crops  being  grown  on  land; 

(g)  Aj^praisement  of  value  of  land,  water  rights  and  improvements. 

§  8.  Decision.  On  receiving  tire  reports  on  all  of  the  land  examined 
the  board  shall  decide  which  of  the  areas  is  best  suited  to  the  purposes 
of  this  act.  Before  so  deciding  the  board  may  examine  the  land,  or  it 
may  employ  one  or  more  competent  valuers  to  fix  the  productive  value 
of  the  land  and  report  the  same  in  writing;  the  owner  or  his  agent  may 
give  evidence  as  to  its  value. 

§9.  Purchase.  If  from  the  evidence  submitted  or  from  the  results 
of  its  i)ersonal  inspection  the  board  is  satisfied  that  one  or  more  of  the 
tracts  submitted  are  suited  to  intensive  closer  settlement  and  can  be 
acquired  at  a  reasonable  price,  it  shall  submit  to  the  governor  its  report, 
giving  the  reasons  for  recommending  the  purchase,  and  on  the  appiroval 
of  the  governor  the  board  shall  be  authorized  to  pnrchasc  the  same; 
provided,  that  before  such  purchase  is  made,  the  attorney  general  shall 
approve  the  title  of  such  lands  and  any  water  rights  appurtenant  thereto, 
and  the  president  of  the  state  water  commission  shall  certify  in  writing 
as  to  the  sufficiency  of  anj^  water  rights  to  be  conveyed. 


Act  3822,  §§  lO-l-J-  GENERAL    LAWS.  1252 

§  10.  Control  by  board  until  moneys  advanced  repaid.  All  purchases 
of  land  under  this  act  shall  be  made  under  such  terms  and  conditions 
as  shall  give  to  the  board  full  control  of  any  subdivisions  thereof  until 
all  moneys  advanced  by  the  state  for  the  purchase,  improvement,  or 
equipment  of  such  subdivisions  are  fully  repaid,  together  with  interest 
thereon  as  herein  provided. 

§  11.  Subdivision.  Improvement  of  land.  Seeds.  Cottages  and  water. 
Loans.  Immediately  upon  taking  possession  of  any  land  purchased  as 
above,  and  after  deducting  any  areas  to  be  set  aside  for  town  sites  or 
public  purposes  in  accordance  with  section  four  of  this  act^  the  board 
shall  subdivide  it  into  areas  suitable  for  farms  and  farm  laborers'  allot- 
ments, and  lay  out,  and  where  necessary,  construct  roads,  ditches,  and 
drains  for  giving  access  to  and  insuring  the  proper  cultivation  of  the 
several  farms  and  allotments.  The  board,  prior  to  disposing  of  it  to 
settlers,  or  at  any  time  after  such  land  has  been  disposed  of,  but  not 
after  the  end  of  the  fifth  year  from  the  commencement  of  the  term  of 
the  settler's  purchase  contract,  may — 

(a)  Prepare  all  or  any  part  of  such  land  for  irrigation  and  cultivation; 

(b)  Seed,  plant,  or  fence  sucli  land,  and  cause  dwelling-houses  and 
ourouildings  to  be  erected  on  any  farm  allotment  or  make  any  other 
improvements  not  specified  above  necessary  to  render  the  allotment  habit- 
able and  productive  in  advance  of  or  after  settlement,  the  total  cost  of 
such  dwellings,  outbuildings,  and  improvements  not  to  exceed  one  thou- 
sand five  hundred  ($1,.500)   dollars  on  any  one  farm  allotment; 

(c)  Cause  cottages  to  be  erected  on  any  farm  laborer's  allotment  and 
provide  a  domestic  water  supply,  the  combined  cost  of  the  cottage  and 
water  supply  not  to  exceed  eight  hundred  ($800)  dollars  on  any  one 
farm  laborer's  allotment; 

(d)  Make  loans  to  approved  settlers  on  the  security  of  stock  and  farm 
implements,  such  loans  to  be  secured  by  mortgage  or  mortgages  on  such 
stock  or  farm  implements,  and  the  total  amount  of  any  such  loan,  to- 
gether with  money  spent  by  the  board  on  improvements  as  above  speci- 
fied, not  to  exceed  three  thousand  dollars  on  any  one  farm  allotment. 

§12.  Irrigation  works.  Authority  is  hereby  granted  to  the  board, 
where  deemed  desirable,  to  operate  and  maintain  any  irrigation  works 
constructed  to  serve  any  lands  purchased  and  sold  under  the  provisions 
of  this  act.  All  moneys  received  in  tolls  or  charges  for  the  operation 
and  maintenance  of  any  works  or  for  any  water  sup])lied  therefrom,  shall 
be  deposited  in  the  land  settlement  fund  created  by  this  act  and  shall 
become  available  for  the  payment  of  any  costs,  expenses,  or  other  charges 
authorized  in  this  act  to  be  paid  from  said  land  settlement  fund. 

§  13.  Lease.  After  the  purchase  of  land  by  the  board  under  the  pro- 
visions of  this  act  and  before  its  disposal  to  approved  bona  fide  appli- 
cants the  board  shall  have  authority  to  lease  such  land  or  a  part  thereof 
on  l)onded  or  secured  lease  on  such  terms  as  it  shall  deem  fit. 

§  14.     Allotments.     Notice  of  opening  for  settlement.     Right  to  reject 

applications.      Lands    (iisjioscd    of    under    Ihis    act,    other    than    lands    set 


1258  STATE  LAND  SKTTLKMENT  BOARD.       Act  3822,  §§^15-17 

aside  for  town  sites  or  public  purposes,  shall  be  sold  either  as  farm  allot- 
ments, each  of  which  shall  liave  a  value  not  exceeding,  without  improve- 
ments, fifteen  thousand  dollars,  or  as  a  farm  laborer's  allotments,  each 
of  which  shall  have  a  value  not  exceeding,  without  improvements,  four 
hundred  dollars.  Before  any  part  of  an  area  is  thrown  open  for  settle- 
ment J^here  shall  be  public  notice  thereof  for  thirty  days  in  one  or  more 
daily  newsj^apers  of  general  circulation  in  the  state,  setting  forth  thi> 
number  and  size  of  farm  allotments  or  farm  laborer's  allotments,  or  both, 
the  prices  at  which  they  are  otfered  for  sale,  the  minimum  amount  of 
capital  a  settler  will  be  required  to  have,  the  mode  of  jiayment,  the 
amount  of  cash  payment  required,  and  such  other  particulars  as  the  board 
may  think  jjroper  and  specifying  a  definite  period  within  which  applica- 
tions therefor  shall  be  filed  with  the  board  on  forms  provided  by  the 
board.  The  board  shall  have  the  right  in  its  uncontrolled  discretion  to 
reject  any  or  all  apj)lications  it  may  see  fit  and  may  readvertise  as  afore- 
said as  often  as  it  sees  fit  until  it  receives  and  accepts  such  number  of 
applications  as  it  may  deem  necessary. 

§  15.  Who  may  apply.  Limit.  Fitness  to  cultivate.  Any  citizen  of 
the  United  States,  or  any  person  who  has  declared  his  intention  of  be- 
coming a  citizen  of  the  United  States,  and  who  is  not  the  liolder  of 
agricultural  land  or  of  possessory  rights  thereto  to  the  value  of  fifteen 
thousand  dollars,  and  who  by  this  purchase  would  not  become  the  holder 
of  agricultural  land  or  of  possessory  rights  thereto  exceeding  such  value, 
and  who  is  prepared  to  enter  within  six  months  upon  actual  occupation 
of  the  land  acquired,  may  apply  for  and  become  the  purchaser  of  either 
a  farm  allotment  or  a  farm  laborer's  allotment;  provided,  that  no  more 
than  one  farm  allotment  or  more  than  one  farm  laborer's  allotment  shall 
be  sold  to  any  one  person;  provided,  further,  that  no  applicant  shall  be 
approved  who  shall  not  satisfy  the  board  as  to  his  or  her  fitness  success- 
fully to  cultivate  and  develop  the  allotment  applied  for. 

§  16.  Applications  considered.  Within  ten  days  after  the  final  date 
set  for  receiving  applications  for  either  farm  allotments  or  farm  laborer's 
allotments  the  board  shall  meet  to  consider  the  applications,  and  may 
request  applicants  to  appear  in  person;  provided,  that  the  board  shall 
have  the  power  and  the  uncontrolled  discretion  to  reject  any  or  all 
applications. 

§  17.  Selling  prices.  The  selling  prices  of  the  several  allotments  into 
which  lands  purchased  under  this  act  are-  subdivided,  other  than  those 
set  aside  for  town  site  and  public  purposes,  shall  be  fixed  by  the  board, 
so  as  to  render  such  allotments  as  nearly  as  possible  equally  attractive, 
and  calculated  to  return  to  the  state  the  original  cost  of  the  land,  to- 
gether with  a  sufficient  sum  added  thereto  to  cover  all  expenses  and  costs 
of  surveying,  improving,  subdividing,  and  selling  such  lands,  including 
the  payment  of  interest,  and  all  costs  of  engineering,  superintendence, 
and  administration,  including  the  cost  of  operating  any  works  built, 
directly  chargeable  to  such  land,  and  also  the  price  of  so  much  land  as 
shall  on  subdivision  be  used  for  roads  and  other  public  purposes,  and 
also  such  sum  as  shall  be  deemed  necessary  to  meet  unforeseen  contin- 
gencies. 


Act  3822,  §§  18-21  general  l.vws.  1254 

§  18.  Contract  of  purchase.  Cash  deposit.  Loan  from  federal  farm 
loan  bank.  Balance  paid  in  amortizing  payments.  Every  approved  ap- 
plicant shall  enter  into  a  contract  of  purchase  with  the  board,  which 
contract  shall  among  other  things  provide  that  the  purchaser  shall  pay 
as  a  cash  deposit  a  sum  equal  to  five  per  cent  of  the  sale  price  of  the 
allotment  and  in  addition  not  less  than  ten  per  cent  of  the  cost  of  any 
improvements  made  thereon,  and,  unless  prepared  to  pay  one-half  of  thr' 
purchase  price  in  cash,  such  applicant  shall  enter  into  an  agreement  to 
make  an  immediate  application  for  a  loan  from  the  federal  farm  loan 
bank  under  the  provisions  of  the  federal  farm  loan  act  for  an  amount 
equal  to  fifty  per  cent  of  the  appraised  value  of  the  land  and  twenty  per 
cent  of  the  value  of  the  improvements  thereon,  and  shall  pay  the  amount 
of  any  loan  so  made  to  the  board  as  a  partial  payment  on  such  land 
and  improvements.  The  balance  due  on  the  land  shall  be  paid  in  amor- 
tizing payments  extending  over  a  period  to  be  fixed  "by  the  board  not 
exceeding  forty  years,  together  with  interest  therefor  at  the  rate  of 
five  per  cent  per  annum.  The  amount  due  on  improvements  shall  be  paid 
in  amortizing  payments  extending  over  a  period  to  be  fixed  by  the  board 
not  exceeding  twenty  years,  together  with  interest  thereon  at  the  rate 
of  five  per  cent  per  annum.  The  repayment  of  loans  made  on  livestock 
or  implements  shall  extend  over  a  period  to  be  fixed  by  the  board  not 
exceeding  five  years;  provided,  however,  in  each  case,  that  the  settler 
shall  have  the  right  on  any  installment  date  after  five  years  from  the 
first  payment,  but  not  before,  to  pay  any  or  all  installments  still  remain- 
ing unpaid. 

§  19,  Calculation  of  installments.  The  number  and  amount  of  yearly 
or  half  yearly  installments  of  principal  and  interest  to  be  paid  to  the 
board  under  contracts  of  purchase  shall  be  calculated  according  to  any 
table  adopted  or  approved  by  the  federal  farm  loan  board. 

§  20.  Cultivation  of  land,  insurance.  Every  contract  entered  into 
between  the  board  and  an  approved  purchaser  shall  contain  among  other 
things  provisions  that  the  purchaser  shall  cultivate  the  land  in  a  manner 
to  be  approved  by  the  board  and  shall  keep  in  good  order  ahd  repair 
all  buildings,  fences,  and  other  permanent  improvements  situated  on  his 
allotment,  reasonable  wear  and  tear  and  damage  by  fire  excepted.  Each 
settler  shall,  if  required,  insure  and  keep  insiired  against  fire  all  build- 
ings on  his  allotment,  the  policies  therefor  to  be  made  out  in  favor  of 
the  board  and  to  be  such  amount  or  amounts  and  in  such  insurance 
companies  as  may  be  prescribed  by  the  })oard. 

§  21.  Consent  to  transfer  allotment.  Cancellation  of  contract.  No 
allotment  sold  under  the  provisions  of  this  act  shall  be  transferred,  as- 
signed, mortgaged,  or  .sublet  in  whole  or  in  part,  within  five  years  after 
the  daie  of  such  contraci  witliout  the  oonseul  ol'  (lif  l)oard  given  in 
writing.  At  the  expiration  of  five  years  after  tlie  purchase  of  an  allot- 
iiHMit,  if  the  board  is  sJitisfied  that  all  covenants  and  conditions  of  the 
contract  covering  such  allotment  purchase  have  been  complied  with,  the 
purchaser  may,  with  Ihe  written  consent  of  the  board,  transfer,  assign, 
inortgage,  subli't.  or  part  with  the  possession  of  the  whole  or  any  part 
of  the  allotnicnl    coxcrcd   bv  such    coiitriict. 


1255  STATE  LAND  SETTLEMENT  BOARD.       Act  3822,  §§  23-25 

In  the  event  of  a  failure  of  a  settler  to  comply  with  any  of  the  terms 
of  his  contract  of  purchase  and  agreement  with  the  board,  the  state 
and  the  board  shall  have  the  right  at  its  option  to  cancel  the  said  con- 
tract of  purchase  and  agreement  and  thereupon  shall  be  released  from 
all  obligation  in  law  or  equity  to  convey  the  property  and  the  settler 
shall  forfeit  all  right  thereto  and  all  payments  theretofore  made  shall 
be  deemed  to  be  rental  paid  for  occupancy.  The  failure  of  the  board 
or  the  state  to  exercise  any  option  to  cancel  for  any  default  shall  not 
be  deemed  as  a  waiver  of  the  right  to  exercise  the  option  to  cancel  for 
any  default  thereafter  on  the  settler's  part.  But  no  forfeiture  so  occa- 
sioned by  default  on  the  part  of  the  settler  shall  be  deemed  in  any  way, 
or  to  any  extent,  to  impair  the  lien  and  security  of  the  mortgage  or  trust 
instrument  securing  any  loan  that  it  may  have  made  as  in  this  act  pro. 
vided.  The  board  shall  have  the  right  and  power  to  enter  into  a  con- 
tract of  purchase  for  the  sale  and  disposition  of  any  land  forfeited  as 
above  provided,  because  of  default  on  the  part  of  a  settler. 

§  23.  Residence.  Actual  residence  on  any  allotment  sold  under  the 
provisions  of  this  act  shall  commence  within  six  months  from  the  date 
of  the  approval  of  the  application  and  shall  continue  for  at  least  eight 
months  in  each  calendar  year  for  at  least  ten  years  from  the  date  of 
the  approval  of  the  said  application,  unless  prevented  by  illness  or  some 
other  cause  satisfactory  to  the  board;  provided,  that  in  case  any  farm 
allotment  disposed  of  under  this  act  is  returned  to  and  resold  by  the 
state,  the  time  of  residence  of  the  preceding  purchaser  may  in  the 
discretion  of  the  board  be  credited  to  the  subsequent  purchaser. 

§  24.  Condemnation  of  water  rights  and  rights  of  way.  Appropriation 
of  water.  The  power  of  eminent  domain  shall  be  exercised  by  the  state 
at  the  request  of  the  board  for  the  condemnation  of  water  rights  and 
rights  of  way  for  roads,  canals,  ditches,  dams,  and  reservoirs  necessary 
or  desirable  for  carrying  out  the  provisions  of  this  act,  and  on  request 
of  the  board  the  attorney  general  shall  bring  the  necessary  and  appro- 
priate piroceedings  authorized  by  law  for  such  condemnation  of  said 
water  rights  or  rights  of  way,  and  the  cost  of  all  water  rights  or  rights 
of  way  so  condemned  shall  be  paid  out  of  the  land  settlement  fund 
hereinafter  provided  for.  The  board  shall  have  full  authority  to  ap- 
propriate water  under  the  laws  of  the  state  when  such  appropriation  is 
necessary  or  desirable  for  carrying  out  the  jJurposes  of  this  act. 

§25.  Appropriation.  "Land  settlement  fund."  Administrative  ex- 
penses. For  the  purpose  of  carrying  out  the  provisions  of  this  act  the 
sum  of  two  hundred  sixty  thousand  dollars  is  hereby  appropriated  out 
of  any  moneys  in  the  state  treasury  not  otherwise  appropriated.  Of  this 
amount,  the  sum  of  two  hundred  fifty  thousand  dollars  shall  constitute  a 
revolving  fund  to  be  known  as  the  "land  settlement  fund,"  which  is 
calculated  to  be  returned  to  the  state  with  interest  at  the  rate  of  four 
per  cent  per  annum  within  a  period  of  fifty  years  from  the  date  of  the 
passage  of  this  act.  The  remaining  ten  thousand  dollars  shall  constitute 
a  fund  available  for  the  payment  of  administrative  expenses  alone  until 
such  time  as  other  moneys  are  available  for  such  purposes  from  the  sales 


Act  3834a,  §  1  general  laws.  1256 

of  laud  as  provided  for  iu  this  aft.  The  state  controller  is  hereby 
authorized  and  directed  to  draw  warrants  upon  such  funds  from  time  to 
time  upon  requisition  of  the  board  approved  by  the  state  board  of  con- 
trol, and  the  state  treasurer  is  hereby  authorized  and  directed  to  pay 
such  warrants. 

§  26.  Advances  by  board  of  control.  The  state  board  of  control  is 
herebj-  authorized  to  provide  for  advances  of  money  to  the  board  needed 
to  meet  contingent  expenses  to  such  an  amount,  not  exceeding  five  thou- 
sand dollars  as  the  said  board  of  control  shall  deem  necessary. 

§27.  Payments  by  settlers,  disposition  of.  The  money  paid  by  set- 
tlers on  lands,  improvements,  or  in  the  repayment  of  advances,  shall  be 
deposited  in  the  land  settlement  fund  and  be  available  under  the  same 
conditions  as  the  original  appropi'iation  for  the  following  purposes: 

(a)  Making  improvements  on  land  being  prepared  for  settlement; 

(b)  Making  advances  to  settlers;  and 

(c)  Completing  payments  on  lands  purchased;  provided,  that  when 
these  expenditures  on  an  area  of  ten  thousand  acres  shall  have  been 
completed,  then  all  moneys  received  shall  be  paid  into  the  state  treasury 
and  used  to  reimburse  the  state  for  the  land  settlement  fund  created  by 
this  act. 

§28.  Rules  and  regulations.  The  board  with  the  approval  of  the 
governor  shall  have  authority  to  make  all  needed  rules  and  regulations 
for  carrying  out  tlie  provisions  of  this  act. 

§  29.  Investigation  of  land  settlement  conditions.  The  board  is 
hereby  authorized  to  investigate  laud  settlement  conditions  in  California 
and  elsewhere  and  to  submit  recommendations  for  such  legislation  as  may 
1)6  deemed  by  it  necessary  or  desirable. 

§30.  Stats.  1915,  p.  475,  repealed.  The  act  of  the  legislature  entitled 
"An  act  pro\iding  for  the  appointment  of  a  commission  to  investigate 
and  report  at  tiie  forty-second  session  of  the  legislature  relative  to  the 
adoption  of  a  system  of  land  colonization  and  rural  credits  and  making 
an  a|ipro[)riatioii  therefor,''  approved  May  17,  191.").  is  hereby  repealed. 

§  31.  Title,  'i'his  act  m;iy  he  known  and  cited  as  the  "land  settle- 
incut    art." 

TITLE  533. 

STATK   LANDS. 
ACT  SSSia. 

Alt  act   foi-  the  relief  of  purchasers  of  schotd  lands. 

lAppifivcd  .imic  :;.  ]<.n:\.    stats,  im."?,  p.  'M(\.] 

Aiiicii(ir,l    1<I17;    Stats.    1!H7,   p.   H2. 
Tln'   amciiilnifiit    at'    l'.iI7    fdllnws: 

^  1.  Reliel  of  school  land  purchasers.  When  application  has  been 
inaile  to  piircliasc  bands  from  this  state  and  p.ayiucut  of  twenty  per  cent 
(pf  the  iMirdia^c  price  has  horn  iii.ado  to  (lie  trca'^nrci'  of  the  proper  countv 


1257  STATE   MARKET   COMMISSION.  Act  3847.  §  1 

for  the  same  and  a  ecrtificato  of  purchase  was  issued  on  or  after  May  1. 
1911,  to  the  applicant  therefor,  and  such  applicant  has  failed  to  pay  the 
interest  on  the  unpaid  balance  of  the  purehase  price  of  such  land,  said 
certificate  shall  be  in  full  force  and  effect;  provided,  all  interest  due  on 
the  balance  of  the  purehase  price  is  paid  to  the  projter  couiity  treasurer 
on  or  before  December  31.  1917,  together  with  a  penalty  of  ten  per 
centum  of  the  amount  of  all  interest  on  the  un[)aid  portion  of  the  pur- 
chase price  of  said  lands  for  each  year  that  flio  annual  interest  on  the 
balance  of  the  purchase  price  of  said  lands  has  not  been  paid  since  the 
date  of  the  issuance  of  the  certificate  of  purehase;  and  provided,  fur- 
ther, that  the  lands  described  in  said  certificate  of  purchase  are  open  to 
entry  and  sale  under  any  law  of  this  state  at  the  time  this  act  shall 
Take  effect. 

TITLE  534a. 
STATE  MARKET  COMMISSION. 
ACT  3847. 

An  act  to  i)rovide  for  the  creation  of  the  "state  market  commission"  and 
the  organization  thereof;  to  define  its  other  duties  and  powers;  to 
create  the  position  of  state  market  director;  to  define  his  duties 
and  powers;  to  create  the  state  market  commission  fund,  and  a  re- 
volving fund;  and  repealing  that  act  known  as  "state  commission 
market  act,"  ai)proved  June  10,  1915,  chapter  seven  hundred  thir- 
teen of  the  statutes  of  1915,  and  all  other  acts  and  parts  of  acts  in 
conflict  with  the  provisions  of  this  act. 

[Approved  June  1,  1917.     Stats.  1917,  p.   16(J».  | 

§  1.  "State  market  commission"  created.  Purposes.  There  is  hereby 
created  the  "state  market  commission,"  a  state  organization  for  the 
following  purposes,  to  wit: 

First — To  act  as  adviser  for  producers  and  distributors  when  re- 
quested, assisting  them  in  economical  and  efficient  distribution  of  any 
such  products  at  fair  prices. 

Second — To  gather  and  disseminate  impartial  information  concerning 
supply,  demand,  prevailing  prices  and  commercial  movements,  including 
common  and  cold  storage  of  any  such  products. 

Third — To  promote,  assist  and  encourage  the  organization  and  opera- 
tion of  co-operative  and  other  associations  and  organizations  for  improv- 
ing the  relations  and  services  among  producers,  distributors  and  con- 
sumers of  any  .such  products,  and  to  protect  and  conserve  the  interests 
of  the  producers  and  consignors  of  such  products. 

Fourth — To  foster  and  encourage  co-operation  between  producers  and 
distributors  of  any  such  products,  in  the  interest  of  the  general  public. 

Fifth — To  foster  and  encourage  the  standardizing,  grading,  inspection, 
labeling,  handling,  storage  and  sale  of  any  such  products. 

Sixth — To  act  as  a  mediator  or  arbitrator,  when  invited  by  both  par- 
ties, in  any  controversy  or  issue,  that  may  arise  between  ]irodui'ers  and 
distributors  of  any  such  products. 

Seventh — To  certify,  for  the  protection  of  owners,  buyers  or  creditors, 
when  so  requested,  warehouse  receipts  for   any   such  products,  verifying 


Act  3847,  §§  2, 3  general  laws.  1258 

quantities  unci  qualities  tliereof,  and  to  cliarge  for  such  service  fees 
sufficient  to  malve  the  service  at  least  self-supporting. 

Eighth — To  issue  labels  bearing  the  seal  of  the  state  market  commis- 
sion on  request  of  the  producer,  packer,  canner  or  distributor,  for  any 
such  products,  for  which  state  labels  have  not  otherwise  been  authorized 
by  law,  under  such  rules  and  regulations  as  the  director  may  deem  neces- 
sary and  to  charge  for  such  labels  such  fees  as  in  the  judgment  of  the 
state  market  director  may  be  proper. 

Ninth — To  act  on  behalf  of  the  consumers  of  any  such  products  in 
conserving  and  protecting  their  interests  in  every  practicable  way. 

Tenth — To  improve,  broaden  and  extend  in  every  practicable  way,  the 
distribution  and  sale  of  any  such  California  products  throughout  the 
markets  of  the  world. 

Eleventh — To  promote  in  the  interest  of  the  producer,  the  distributor, 
and  consumer,  economical  and  efficient  distribution  and  marketing  of  all 
or  any  agricultural,  fishery,  dairy  and  farm  products  produced,  grown, 
raised,  caught,  manufactured  or  processed  within  the  state  of  California. 

It  shall  be  within  the  province  of  the  state  market  director,  herein- 
after provided  for,  to  determine  and  decide,  when,  where  and  to  what 
extent,  existing  conditions  render  it  necessary  or  advisable  to  carry  out 
any  or  all  the  purposes  of  this  act  and  he  is  herewith  granted  power  and 
authority  to  carry  out  any  or  all  of  said  purposes. 

§  2.  Title  of  act.  Terms  defined.  This  act  shall  be  known  as  the 
"state  market  commission  act." 

The  following  terms  used  in  thi"S  act  shall,  unless  a  different  meaning 
is  plainly  required  by  the  context,  be  construed  as  follows: 

The  "commission"  shall  be  the  state  market  commission. 

The  "director"  shall  be  the  state  market  director  himself  personally 
or  his   duly   appointed   and  authorized  representative. 

The  word  "products"  shall  refer  to  the  agricultural,  fishery,  dairy  and 
farm  products  produced,  grown,  raised,  caught,  manufactured  or  proc- 
essed within  the  state  of  California. 

The  term  "organizations  of  producers  and  distributors"  shall  include 
all  corporations,  societies,  associations  and  organizations  of  producers  or 
of  producers  and  distributors,*  or  of  distributors,  co-operative  or  other- 
wise, formed  for  the  purpose  of  facilitating  the  marketing  of  any  such 
products. 

A  "person"  shall  be  understood  to  include  individuals,  partnerships, 
associations   and   corporations   or   their  agents   or   employees. 

When  the  singular  is  used  the  plural  is  also  included.  Whenever  the 
masculine  is  used,  the  feminine  and  neuter  are  included. 

§3.  State  market  director.  Secretary.  I'hc  state  market  commission 
sh;ill  consist  of  a  governing  body  of  one  person,  to  be  known  as  the  state 
market  director,  hereinafter  referred  to  as  the  director,  who  shall  be 
appointed  by  the  governor  of  the  state  of  California,  and  of  a  secretary 
to  be  appointed  by  the  state  market  director,  as  hereinafter  provided, 
and  these  two  shall  perform  Ihp  duHes  and  exercise  the  powers  of  the 
state    market    commission    ami    shall    administer    the    provisions    hereof, 


1259  STATE  MARKET  COMMISSION.      Act  3847,  §§  4-11 

administer   oaths,   certify   to   all   official  acts,  and   do  all  proper  acts   to 
carry  out  any  and  all  of  tlic  purposes  hereof. 

§4.  Power  of  director.  The  director  is  hereby  vested  with  full  power, 
authority  and  jurisdiction  to  do  and  perform  any  and  all  things  which 
are  necessary  or  convenient  in  the  exercise  of  any  power,  authority  or 
jurisdiction  designated  and  conferred  upon  him  under  this  act. 

§5.  Bureau  of  correspondence.  The  commission  shall  have  a  bureau 
of  correspondence  for  gathering  and  disseminating  information  on  all 
subjects  relating  to  the  marketing  of  California  products,  and  may  issue 
l)ulletins  thereon,  and  by  every  practicable  means  keep  the  producers 
informed  of  the  supply  and  demand  and  at  what  market  their  products 
can  best  be  handled. 

§  6.  Term.  Removal.  The  term  of  office  of  the  director  shall  bo  four 
years  or  until  his  successor  be  appointed  by  the  governor,  and  the  annual 
salary  of  the  director  shall  be  five  thousand  dollars.  The  first  appoint- 
ment of  director  shall  be  made  upon  this  act  going  into  effect.  The 
legislature,  by  a  two-thirds  vote,  may  remove  the  director,  for  miscon- 
duct, neglect  of  duly,  or  incompetency. 

§  7.  Term  of  secretary.  Salary.  The  state  market  commission  shall 
have  a  secretary  who  shall  be  appointed  by  the  director  and  hold  office 
at  his  pleasure,  and  shall  perform  such  duties  as  he  may  prescribe.  The 
annual  salary  of  the  secretary  shall  be  three  thousand  six  hundred  dollars. 

§  8.  Seal.  The  state  market  commission  shall  have  a  seal  bearing 
the  inscripfion  "state  market  commission  of  California,"  which  seal  shall 
be  affixed  to  all  such  instruments  as  the  director  shall  require. 

§9.  Salaries.  The  salaries  of  the  director  and  secretary  shall  be  paid 
to  them  in  the  same  manner  as  are  the  salaries  of  other  state  officers. 

The  salary  or  compensation  of  all  other  persons  holding  office  or  em- 
ployment under  the  directo?  shall  be  fixed  by  the  director  and  shall  be 
paid  monthly  from  the  state  market  commission  fund,  as  hereinafter  pro- 
vided, and  after  being  approved  by  the  director  upon  claims  therefor  to 
be  audited  by  the  state  board  of  control. 

All  expenses  incurred  by  the  director  pursuant  to  the  provisions  of 
this  act,  including  actual  and  necessary  traveling  expenses,  and  other 
disbursements  of  the  director,  his  officers  and  employees,  incurred  while 
on  business  of  the  commission  shall  be  paid  from  the  state  market  com- 
mission fund  in  the  same  manner,  except  as  provided  for  in  section 
twelve  of  this  act. 

§  10.  Whole  time  devoted  to  duties.  The  director  shall  not  engage  in 
any  other  line  of  business  during  his  term  of  office,  but  shall  devote  his 
whole  time,  attention  and  ability  to  the  duties  of  his  office.  The  director 
shall  not  hold  or  own  any  stock  or  other  interest  whatsoever  in  any 
produce  commission  business. 

§  11.  "State  market  commission"  fund.  There  is  hereby  created  a 
fund   to   be   known   as   the   "state   market   commission  fund."     All  fees. 


Act  3847,  §§  12-17  general  laws.  1260 

charges  and  costs  collected  by  said  commission  under  this  act  shall  be 
paid  into  the  treasury  of  the  state  to  the  credit  of  such  fund.  All  appro- 
priations made  by  this  act  or  any  subsequent  act  for  the  use  of  the  state 
market  commission,  shall  be  placed  to  the  credit  of  such  fund.  All 
expenses  of  whatsoever  nature,  incurred  by  the  commission  under  the 
provisions  of  this  act,  shall  be  paid  from  the  state  market  commission 
fund,  after  being  approved  by  the  director,  upon  claims  therefor  to  be 
audited  by  the  board  of  control  except  as  provided  for  in  section  four- 
teen a  of  this  act. 

§  12.  Revolving  fund.  A  revolving  fund  of  two  hundred  fifty  dol- 
lars shall  be  established  by  the  board  of  control  for  expenses  of  the  state 
market  commission,  other  than  salaries,  rent  and  other  regular  expenses, 
and  the  director  may  expend  such  revolving  fund  without  first  procur- 
ing the  authority  of  the  board  of  control,  but  shall  file  vouchers  monthly 
with  the  board  of  control  covering  such  disbursement. 

§  13.  Annual  report.  The  director  shall  make  and  submit  to  the  gov- 
ernor, on  or  before  the  first  day  of  December  of  each  year,  a  report  con- 
taining a  full  and  complete  account  of  the  transactions  and  proceedings 
of  the  state  market  commission  for  the  preceding  fiscal  year,  together 
with  such  other  facts,  suggestions  and  recommendations  as  may  be 
deemed  of  value  to  the  people  of  the  state. 

§  14.  Bond.  The  director,  before  entering  upon  the  duties  of  his 
office,  shall  make  and  execute  to  the  people  of  the  state  of  California 
an  official  bond  in  the  sum  of  five  thousand  dollars,  for  the  faithful  per- 
formance of  the  duties  of  his  office.  The  director  may  require  of  the  offi- 
cers and  employees  such  bonds  for  the  faithful  performance  of  their 
duties  as  in  his  judgment  may  be  necessary. 

§  15.  Investigation  of  products  held  in  storage.  The  director  may 
make  pertinent  investigations  concerning  the  aggregate  amount  of  prod- 
ucts held  in  common  and  cold  storage.  In  connection  with  any  such 
investigation,  tlie  director  shall  have  the  right  to  inspect  only  the  per- 
tinent books  and  records  of  common  or  cold-storage  warehouses  for  the 
purpose  of  determining  and  publishing  aggregate  amounts  of  products 
held  in  storage,  and  the  director  is  hereby  empowered  to  issue  subpoenas 
for  the  attendance  of  witnesses  and  the  production  of  pertinent  books, 
papers,  accounts,  dociiments  and  testimony  in  any  such  investigation. 

§  16.  Moneys  transferred.  Any  and  all  moneys  in  the  state  treasury 
to  th(!  credit  of  and  any  moneys  due  the  state  commission  market  fund 
under  the  authority  of  the  act  creating  the  state  commission  market 
fund,  approved  June  10,  3915,  shall  be  transferred  to  the  credit  of  the 
state  market  commission  fund,  created  by  this  act. 

§17.  Constitutionality.  If  any  section,  subsection,  sentence,  clause  or 
jthraso  of  this  ad  is  for  any  reason  declared  to  be  unconstitutional,  such 
decision  shall  not  affect  the  validity  oC  1h<'  remaining  portions  of  this 
act.  The  legislature  hereby  declares  tlial  it  would  have  passed  this  act 
and   i-ai'h  section,  subsection,  sentence,  clause  or  ))hr;is(!  tliereof,  irrespoc- 


1261  STATE  MARKET  COMMISSION.        Act  3588,  §§  1-3 

tive  of  the   fact   that  any   one   or  more  other   sections,  subsoctiojis,  sen- 
tences, clauses  or  phrases  be   declared  unconstitutional. 

§  18.  Stats.  1915,  p.  1390,  repealed.  That  certain  act  entitled  "An  act 
to  provide  for  the  creation  of  the  state  commission  market,  and  the  organ- 
ization thereof,  to  carry  on  the  business  of  receiving  from  the  producers 
thereof  the  agricultural,  fishery,  dairy  and  farm  products  of  the  state  of 
California  and  selling  and  disposing  of  such  products  on  commission, 
creating  the  'state  commission  market  fund'  and  appropriating  money 
therefor,"  approved  June  10,  1915,  and  known  as  the  "state  commission 
market  act,"  chapter  seven  hundred  thirteen  of  the  statutes  of  1915,  and 
all  other  acts  and  parts  of  acts  in  conflict  with  tkis  act  are  hereby 
repealed. 

ACT  3588. 

An  act  to  empower  the  state  market  director  of  California  to  regulate 
and  control  the  business  of  buying  and  selling  fresh,  fish.;  to  regulate 
the  destruction  of  food  fish;  to  create  a  state  fish  exchange;  to  license 
those  engaged  in  marketing  fish;  to  create  a  state  fish  exchange  fund 
and  a  revolving  fund;  to  provide  penalties  for  violations  of  this  act; 
to  investigate  and  report  on  the  fish  industry;  and  to  promote  the 
sale  of  fisk. 

[Approved  June  1,  1917.     Stats.  1917,  p.  1673.] 

§  1.     Title.     This  act  shall  be  known  as  the  "state  fish  exchange  act." 

§  2.  Purpose.  It  is  hereby  declared  that  it  is  the  purpose  of  this  act 
to  bring  about  an  increased  consumption  of  fresh  fish  by  the  people  of 
California,  to  enable  them  to  obtain  the  same  at  "reasonable  prices,  and 
to  empower  the  state  market  director  to  regulate  and  control  the  business 
of  buying  and  selling  fresh  fish,  to  regulate  the  destruction  of  food  fish, 
to  create  a  state  fish  exchange,  to  license  those  engaged  in  marketing 
fresh  fish,  to  create  a  state  fish  exchange  fund,  to  provide  penalties  for 
violations  of  this  act,  to  investigate  and  report  on  the  fish  industry,  and 
to  promote  the  sale  of  fish. 

§  3.     Terms  construed.     The  following  terms  used  in  this  act  shall,  un- 
less a  different  meaning  is  plainly  required  by  the  context,  be  construed, 
as  follows: 

The  "state  market  director"  shall  be  understood  to  be  himself  per- 
sonally or  his  duly  appointed  and  authorized  representative.  A  "person" 
shall  be  deemed  to  include  individuals,  partnerships,  associations  and 
corporations  or  their  agents  or  employees.  A  "retail  dealer,"  "peddler," 
or  "huckster,"  is  one  engaged  in  the  business  of  selling  fresh  food  fish 
direct  to  the  consumer.  A  "wholesale  dealer"  is  one  who  sells  fresh 
food  fish  to  hotels,  restaurants,  railroads,  steamships,  hospitals,  institu- 
tions and  all  others  than  the  consumer,  and  especially  to  retail  dealers 
for  resale.  A  "fish  buyer"  or  "fish  broker"  is  one  engaged  in  the  busi- 
ness of  buying  or  selling  fresh  food  fish  for  the  owner  or  consignee,  or 
who,  without  an  established  place  of  business,  buys  from  the  fishermen 
for  the  jnirpose  of  reselling  to  others  than  the  consumer.     "Market  fisher- 


Act  3588,  §§  4-6  GENERAL   LAWS.  1262 

men"  are  individuals  engaged  in  the  business  of  catcliing  fish  under 
licenses  issued  by  the  state  fish  and  game  commission  authorizing  them 
to  do  so.  When  the  singular  is  used,  the  plural  is  also  included;  when- 
ever the  masculine  is  used,  the  feminine  and  neuter  are  included. 

§  4.  Title  to  fish  in  state.  It  is  hereby  declared  that  the  ownership 
and  title  to  all  fish  found  in  the  waters  under  the  jurisdiction  of  the 
state  are  in  the  state  of  California;  no  such  fish  shall  be  caught,  taken 
or  killed  in  anj'  manner  or  at  any  time  except  that  the  person  so  catch- 
ing, taking  or  killing  or  having  the  same  in  his  possession,  irrespective 
of  the  manner  in  which  they  were  obtained,  shall  by  such  act  or  pos- 
session thereby  consent  that  the  title  to  such  fish  shall  be  and  remain 
in  the  state  of  California  for  the  purpose  of  regulating  and  controlling 
the  use  and  disposition  of  same  after  such  catching,  taking  or  killing, 
except  that  the  title  to  such  fish  legally  taken  shall  vest  in  the  person 
so  taking  or  possessing  them,  subject  to  the  restrictions  and  provisions 
•  of  law.  All  fish  found  in  the  possession  of  a  person  within  the  state 
of  California  shall  be  presumed  to  have  been  taken  under  the  jurisdic- 
tion of  the  state. 

§  5.  Fish  business  regulated  by  state  market  director,  (a)  The  state 
market  director  is  hereby  vested  with  jurisdiction  to  regulate  and  con- 
trol the  business  of  buying  and  selling  and  otherwise  disposing  of  fresh 
food  fish  caught  in  the  watere  under  the  jurisdiction  of  the  state,  and 
the  business  of  buying,  selling  and  disposing  of  such  fresh  food  fish  may 
not  be  carried  on  except  in  accordance  with  the  provisions  of  this  act. 

(b)  State  markets.  The  state  market  director  is  hereby  vested  with 
jurisdiction  to  open  and  conduct  where,  when,  and  for  so  long  as  he 
deems  it  advisable,  state  markets  for  the  buying  and  selling  of  fresh 
food  fish,  and  to  rent,  lease  or  purchase  plants  and  equipment  necessary 
for  the  same,  and  to  use  so  much  of  the  funds  placed  at  the  disposal  of 
the  state  market  director  by  the  act  creating  the  state  commission  mar- 
ket, approved  June  10,  1915,  or  in  the  event  of  the  repeal  of  said  act, 
by  the  state  market  commission  act,  as  may  be  required  in  establishing 
and  conducting  said  markets. 

(c)  Additional  powers  of  state  market  director.  Tl)c  state  market 
director  is  hereby  vested  with  full  power,  authority  and  jurisdiction  to 
do  and  perform  any  and  all  things,  whether  herein  specifically  desig- 
nated, or  in  addition  thereto,  which  are  necessary  or  convenient  in  the 
exercise  of  any  power,  authority  or  jurisdiction  conferred  under  this  act. 

§  G.  Maximum  prices,  (a)  'IMic  state  market  director  shall,  when  and 
wlicre  and  for  so  long  as  he  deeiiis  it  advisable,  establish  maximum  prices 
to  be  paid  or  charged  in  any  particular  locality,  for  food  fish  of  any  or 
all  varieties  intended  for  human  consumption  in  its  fresh  condition, 
caught*  in  the  waters  under  the  jurisdiction  of  the  state: 

First — To  be  paid  to  those  engaged  in  catching  such  fish  for  sale. 

Second — To  be  paid  to  those  engaged  in  the  wholesale  fish  business. 

Third — To  be  charged  to  the  cousuiiier  liy  retail  fisli  dealers,  peddlers 
or  hucksters;   and   said   prices   shall    lie    snrh    as   will    allow,    in    the   judg- 


1^63  STATE  MARKET  COMMISSION.  Act  3588,  §  7 

inent  of  the  state  market   director,  a  reasonable   compensation   or  profit 
to  those  engaged  in  the  catching  or  selling  of  such  fish. 

(b)  Changes  in  prices.  The  state  market  director  may,  at  his  discre 
tion,  from  time  to  time  make  such  changes  or  withdrawals  in  the  prices 
authorized  in  section  six  (a)  hereof,  as  he  may  deem  necessary. 

(c)  Unlawful  to  charge  more  than  lawful  price.  It  shall  be  unlawful 
for  any  person  engaged  in  the  business  of  selling  fresh  food  fish  in  a 
particular  locality  to  charge  more  than  the  maximum  prices  authorized 
for  such  locality,  as  provided  in  section  six  (a)  hereof.  Any  violation 
of  the  provisions  of  this  paragraph,  after  receipt  of  notice  of  maximum 
prices  established  in  accordance  with  the  provisions  of  section  six  (a) 
of  this  act,  shall  be  good  and  sufficient  ground  for  the  suspension  or 
revocation  by  the  state  market  director  in  his  discretion  of  any  license 
issued  under  the   authority  of  this  act. 

(d)  Advice  on  maximum  prices.  In  the  exercise  of  powers  under  this 
act,  the  state  market  director  may  confer  with  parties  interested  with 
a  view  of  securing  their  advice  and  counsel  as  to  maximum  prices  to  be 
paid  and  charged. 

§  7.  Consent  to  destruction  or  diversion  of  fish.  It  shall  be  unlawful 
for  anyone  to  destroy,  or  cause  or  permit  to  be  destroy  any  food  fish  in 
excess  of  fifty  pounds  within  one  day  of  twenty -four  hours  or  to  divert, 
or  cause  or  permit  to  be  diverted  any  food  fish  to  any  use  other  than 
human  consumption,  without  having  first  obtained  the  written-  consent 
of  the  state  market  director  to  such  destruction  or  diversion.  Consent 
to  such  destruction  or  diversion  shall  be  given  only  where  the  applicant 
establishes  to  the  satisfaction  of  the  state  market  director  that  such 
destruction  or  diversion  is  not  for  the  purpose  of  influencing  prices  and 
that  reasonable  efforts  have  been  made  to  induce  its  consumption  by  the 
public.     Nothing  in  this  section  shall  be  construed  to  apply: 

Fish  excepted.  First — To  the  use  of  food  fish  by  fishermen  as  bait  in 
tlie  customary  manner;  and, 

Second — To  any  individual  market  fisherman  who  is  unable  to  sell 
for  human  consumption  fish  he  has  caught  and  who  within  forty-eight 
hours  after  the  destruction  or  diversion  of  said  fish  shall  report  to  the 
state  market  director  the  number  of  pounds  and  varieties  of  fish  and 
how  disposed  of.  The  deposit  in  the  United  States  mail  of  a  written 
statement  of  said  facts,  properly  addressed  to  the  state  market  director 
and  stamped,  shall  be  accepted  as  a  sufficient  report. 

Third — To  food  fish  in  the  possession  of  canners,  curers  or  packers  and 
which  are  not  suitable  for  their  use  and  which  in  consequence  are 
destroyed  or  diverted  to  use  other  than  human  consumption;  provided, 
that  within  forty-eight  hours  after  the  destruction  or  diversion  of  any 
such  fish,  the  person  responsible  therefor  shall  report  to  the  state  market 
director  the  number  of  pounds  and  varieties  of  fish,  reason  for  destruc- 
tion or  diversion  and  how  disposed  of.  The  deposit  in  the  United  States 
mail  of  a  written  statement  of  said  facts,  properly  addressed  to  the  state 
market  director,  shall  be  accepted  as  a  sufficient  report. 


Act  3588,  §§  8, 9  general, laws.  1264 

§  8.  When  excessive  supply  of  fish  reaches  market,  in  the  event  of  a 
supply  of  fresh  food  fish  reaching  any  market,  which  supply  in  the  judg- 
ment of  the  state  market  director  is  excessive  or  abnormal: 

(a)  It  shall  be  the  duty  of  the  state  market  director,  in  his  discretion, 
to  use  every  means  at  his  command  to  induce  its  consumption  by  the 
public,  including  reduction  in  prices  thereon  and  increased  publicity,  as 
hereinafter  provided  for. 

(b)  It  shall  be  obligatory  on  the  part  of  market  fishermen  and  whole- 
sale fish  dealers,  who  find  themselves  possessed  of  an  excessive  supply, 
to  notify  the  state  market  director  of  the  fact,  and  failure  to  give  such 
notice  shall  be  sufficient  grounds  for  the  suspension  for  a  period  not 
exceeding  one  month,  in  the  discretion  of  the  state  market  director,  of 
any  license  issued  under  the  authority  of  this  act. 

(c)  The  state  market  director  may  at  his  option,  use  the  moneys  of 
the  state  fish  exchange  fund  hereinafter  provided  for,  in  purchasing  any 
part  or  all  of  an  excess  of  food  fish  over  the  amount  that  can  be  sold 
through  ordinary  channels,  and  to  place  same  in  cold  storage,  and  to 
resell  same  to  anj^  or  all  buyers,  and  any  loss  or  profit  in  such  transac- 
tions shall  be  charged  or  credited  to  the  state  fish  exchange  fund. 

§  9.  License  fees.  Wholesale  fish  dealers.  Payable  in  advance.  If 
sales  greater  or  less  than  amount  on  which  fee  based.  Every  person, 
individual,  partnership,  association  or  corporation,  other  than  market 
fishermen,  engaged  in  the  business  of  buying  and  selling  fish  for  con- 
sumption in  its  fresh  condition,  shall  pay  to  the  state  a  semi-annual 
license  fee,  as  follows: 

First — All  retail  dealers,  dealing  exclusively  in  fish,  crustaceans  and 
mollusks,  ten  dollars. 

Second — All  retail  dealers,  handling  fish  in  connection  with  a  retail 
business,  owned  by  them,  in  other  products  than  crustaceans  and  mol- 
lusks, and  all  peddlers  and  hucksters,  five  dollars. 

Third — All  fish  broker^  and  all  fish  buyers,  fifty  dollars. 

l"\nirth — All  fishermen's  organizations  selling  the  catch  of  their  mem- 
bers or  agents  selling  the  catch  of  such  fishermen'.s  organizations,  fifty 
dollars. 

Fifth — All  salesmen  or  agents  representing  wholesale  fish  dealers 
located  outside  the  state,  fifty  dollars. 

Sixth — All  wholesale  fish  dealers,  on  the  basis  of  their  gross  receipts 
from  the  sale  of  fresh  food  fisli,  including  their  sales  at  branch  houses, 
as  follows: 

When  gross  receipts  for  six   months  are: 

Not  in   excess   of  twenty-five   thousand  dollars,  fifty   dollars. 

Between  twenty-five  thousand  dollars  and  fifty  thousand  dollars, 
seventy-five    dollars. 

Between  fifty  thousand  dollars  and  one  hundred  thousand  dollars,  one 
hundred    dollars. 

BotwcfMi  one  Inindrcd  tli(ius;iiiil  dollars  and  two  linndicii  thousand  dol- 
hirs,  one  Inindicd   (ilty  dollars. 

Hctwccn  Isvo  InindfiMl  thousand  dollars  and  tliiH'c  hundred  thousand 
'loll.-irs,   two    Imndrcd    dollars. 

More   than   three   hundred   tlunisand   dollars    two   hundred   (it'tv   tiollars. 


1265  STATE    MARKET    COMMISSION.       Act  3588,  §  ^  10,   1  1 

Seventh — All  l)ranch  houses  of  wholesale  dealers-  that  is,  wholesale 
dealers  operating  more  than  on(>  wholesale  establishment — for  each 
branch  house,  five  dollars. 

B^'ees  payable  by  wholesale  dealers  umler  paragiaph  six  of  this  section, 
as  above,  shall  be  due  and  payable  in  advance,  and  shall  be  based  on 
the  applicant's  sworn  statement  as  to  his  gross  receipts  from  the  sale  of 
food  fish  sold  for  human  consumption  in  its  fresh  condition,  using  the 
corresponding  period  of  the  preceding  year  as  a  basis.  If  tl)o  applicant 
did  no  wholesale  business  during  said  corresponding  period,  a  license 
shall  be  issued  upon  payment  of  a  fee  of  fifty  dollars  and  the  execution 
of  a  good  and  satisfactory  bond  by  the  applicant  to  the  state  market 
director,  guaranteeing  the  payment  of  such  additional  amount  as  will 
make  the  total  payable  on  his  actual  business  during  such  period  equal 
to  the  license  fee  fixed  in  said  paragraph  six'  of  this  section.  If  the 
amount  of  actual  sales  of  any  such  dealer  for  any  semi-annual  period, 
for  which  he  has  paid  license  fees  in  advance,  shall  be  greater  or  less 
than  the  amount  on  which  such  license  fee  was  based,  he  shall  at  the 
end  of  such  period,  be  charged  with  and  shall  pay  to  the  state  such 
additional  amount  as  would  be  due  on  the  basis  of  actual  sales  as  set 
forth  in  paragraph  six  hereof,  if  the  amount  of  actual  sales  be  greater 
than  the  amount  on  which  license  fee  was  paid;  or  if  the  actual  sales 
be  less  than  such  amount  for  any  such  semi-annual  period,  he  shall,  at 
the  end  thereof,  be  credited  with  the  difference  between  the  license  fee 
paid  in  advance  and  the  fee  that  would  have  been  due  on  the  basis  of 
actual  sales  as  set  forth  in  paragraph  six  hereof;  but  such  credit  shall 
be  made  only  on  further  license  fees  that  may  be  payable  by  any  such 
dealer. 

§  10.  When  payable.  For  portion  of  perioa.  License  for  each  place 
of  business.  All  licenses  provided  for  in  this  act  shall  be  paid  in  ad- 
vance and  shall  terminate  with  December  thirty-first  and  June  thirtieth 
whichever  date  may  first  follow  the  date  of  issue.  A  proportionate 
charge  shall  be  made,  according  to  the  number  of  months  covered,  for 
licenses  issued  for  a  portion  of  the  semi-annual  period,  but  in  no  case 
shall  the  fee  be  less  than  one-half  of  the  semi-annual  fee,  excepting  those 
issued  to  wholesale  dealers  as  hereinabove  provided  in  section  nine  of 
this  act.  A  separate  license  shall  be  required  for  each  place  of  business 
from  persons  owning  or  operating  more  than  one  establishment,  except 
that  the  sale  of  fish  from  a  vehicle  by  the  holder  of  an  exclusive  retail 
fish  dealer's  license  shall  not  require  a  peddler's  license.  Persons  doing 
both  a  wholesale  and  retail  business  shall  be  required  to  take  out  both 
wholesale  and  retail  licenses  unless  the  total  receipts  of  any  such  person 
amount  to  less  than  ten  thousand  dollars  per  annum',  and  any  such  person 
having  total  receipts  of  less  than  ten  thousand  dollars  per  annum  shall 
be  considered  a  retail  dealer  for  licenses  hereunder. 

§  11.  Application.  All  licenses  provided  for  in  this  act  shall  be  issued 
by  the  state  fish  exchange  hereinafter  provided  for,  upon  written  ap- 
plication accompanied  by  proper  fee,  together  with  a  certificate  from 
the  local  health  authorities,  or  other  satisfactory  assurance  to  "the  effect 
that  the  state  and  local  rules  and  regulations  as  to  equipment  and 
sanitary  conditions  have  been  complied  with. 
80 


Aet3588,§§  12-18  general  laws.  '  1266 

§  12.  Licenses  prepared  "by  state  controller.  The  state  controller  shall 
prepare  suitable  license  blanks,  of  the  form  and  class  designated  by  the 
state  market  director,  which  shall  purport  to  license  the  holder  to  deal 
in  fish.  They  shall  be  numbered  consecutively,  commencing  with  one, 
and  shall  provide  spaces  in  which  to  insert  the  name  of  the  person  to 
whom  issued,  his  business  address,  and  the  period  covered.  The  con- 
troller shall  deliver  all  licenses  to  the  state  market  director,  who  shall 
thereupon  sign  and  issue  them  in  accordance  with  the  terms  of  this  act. 

§  13.  License  transferred,  or  assigned.  Any  license  may  be  trans- 
ferred or  assigned  by  the  holder  thereof  upon  payment  of  a  transfer  fee 
of  five  dollars;  provided,  notice  shall  be  given  in  writing  to  the  state 
fish  exchange,  hereinafter  provided  for,  within  ten  days  of  such  transfer 
or  assignment.  In  such  cases  the  original  license  shall  be  returned  to 
the  state  fish  exchange  and  canceled  and  a  new  license  issued  in  lieu 
thereof  for  the  unexpired  portion  of  the  original  license,  on  payment  of 
the  fee  named.  If  notice  of  transfer  or  assignment  be  not  given,  the 
license  shall  be  invalid  for  any  other  person  than  the  original  licensee. 

§  14.  Duplicate  license.  In  the  event  of  a  license  issued  under  the 
authority  of  this  act  being  lost  or  accidentally  destroyed,  a  duplicate 
license  may  be  issued  by  the  state  fish  exchange,  hereinafter  provided 
for,  upon  payment  of  a  fee  of  five  dollars. 

§  15.  Display  of  license.  Every  license  shall  be  conspicuously  dis- 
played in  the  place  of  business  for  which  it  is  issued,  or  upon  request 
must  be  shown  by  any  licensee  having  no  established  place  of  business. 

§  16.  "State  fish  exchange"  created.  To  carry  out  the  provisions  of 
this  act,  there  is  hereby  created  a  "state  fish  exchange"  as  a  department 
of  the  state  commission  market,  created  by  chapter  seven  hundred  'thir- 
ten  of  the  statutes  of  nineteen  hundred  fifteen,  approved  June  10,  1915, 
and  of  the  state  market  commission  created  by  the  "state  market  com- 
mission act."  The  state  fish  exchange  shall  have  a  secretary  who  shall 
execute  a  bond  to  the  people  of  the  state  of  California  in  the  sum  of 
ten  thousand  dollars  for  the  faithful  performance  of  his  duties.  The 
state  market  director  shall  have  authority,  subject  to  the  state  civil 
service  act,  to  appoint  all  emi)loyees  of  the  state  fish  exchange  necessary 
to  carry  out  the  provisions  of  this  act  and  shall  fix  their  compensation. 

§  17.  Rules  and  regulations.  The  state  market  director  shall  estab- 
lish and  enforce  rules  and  regulations  necessary  for  the  proper  carrying 
out  of  the  provisions  of  this  act.  and  shall  print  and  distribute  the 
same  to  ail  i)ersons  applying  tlicrefor  witlunit  charge. 

§  18.  "State  fish  exchange  fund."  There  is  hereby  created  a  fund 
to  be  known  as  the  "state  fish  exchange  fund."  On  or  before  the  tenth 
day  of  each  month,  the  state  fish  exchange  shall  remit  to  the  state 
treasury  all  moneys  collected  by  said  exchange  under  this  act,  during 
the  preceding  month.  All  such  remittances  shall  be  jjlaced  to  the  credit 
of  the  state  fisli  excliange  fund  and  said  fund  shall  be  kept  separate 
aiui  ajiart  from  other  state  moneys.  All  expenses  of  whatsoever  nature 
iii.iirrcd    liv    said    r-xidiange    pursuant    to    the   provisions   of   this   act,   in- 


12(57  STATE  MARKET  COMMISSION,      Act  3588,  §§  19-23 

eluding  the  actual  ami  necessary  traveling  and  other  expenses  of  its 
enij)loyees  incurred  while  on  business  of  the  exchange  and  including  the 
]ucmium  and  charge  for  bonds  given  by  surety  companies  for  employees 
of  the  exchange  when  required  by  the  state  market  director  or  by  the 
])rovisions  hereof,  shall  be  paid  from  the  said  fund,  after  api)roval  by 
tlie  state  market  director,  npon  claims  to  be  audited  by  the  state  board 
of  control,  except  as  provided  in  section  nineteen  of  this  act. 

§  19.  Revolving  fund.  A  revolving  fund  of  five  hundred  dollars  shall 
i)e  established  by  the  state  board  of  control  out  of  the  state  fish  ex- 
change fund  for  expenses  of  the  state  fish  exchange,  other  than  salaries, 
rent  and  other  regular  expenses,  and  the  state  market  director  may  ex- 
jiend  such  revolving  fund  without  first  procuring  the  authority  of  the 
board  of  control,  but  shall  file  vouchers  therefor  monthlj'  with  the  board 
of  control. 

§  20.  Payments  to  state  market  commission  fund.  A  sum  equaling 
five  per  cent  of  the  gross  receipts  of  the  state  fish  exchange  shall  be  paid 
out  of  the  state  fish  exchange  fund,  monthly,  to  the  credit  of  the  state 
commission  market  fund  or  in  the  event  of  the  repeal  of  the  act  creating 
the  state  market  commission  fund,  approved  June  10,  1915,  to  the  state 
market  commission  fund  as  a  commission  on  the  business  of  the  state 
fish  exchange,  for  services  rendered  it  by  the   state  market   director. 

§  21.  Educational  and  publicity  campaigns.  Any  surplus  over  and 
above  the  expenditures  of  the  state  fish  excliange  in  the  state  fish  ex- 
change fund  shall  be  expended  by  said  exchange,  under  the  direction 
of  the  state  market  director,  in  educational  and  publicity  campaigns  for 
the  purposes  of  increasing  the  consumption  of  fresh  food  fish,  and  of 
enabling  the  public  to  obtain  fish  at  reasonable  prices. 

§  22.  Fish  exempted.  Xothing  in  this  act  shall  be  construed  as  ap- 
plying to  fish  bought  or  sold  for  canning,  curing  or  packing;  or  as 
requiring  the  payment  of  license  fees  by  canners,  curers,  or  packers  of 
fish;  or  to  fish  caught  by  other  than  market  fishermen;  or  to  fish  sold 
direct  by  fishermen  to  private  consumers;  or  to  fish  caught  in  waters 
within  the  state  privately  owned,  or  to  crustaceans  or  mollusks  except 
that  provisions  of  section  seven  as  to  destruction  or  diversion  of  food 
fish  shall  be  of  general  application. 

§  23.  License  suspended  or  revoked.  Any  license  issued  under  the 
authorit}'  of  this  act  may  be  suspended  or  revoked  by  the  state  market 
director  in  his  discretion,  as  herein  provided,  or  upon  evidence  that  the 
holder  thereof  has  been  or  is  a  violator  of  the  provisions  of  section  six 
of  this  act,  authorizing  the  fixing  of  maximum  prices  on  fish,  or  of  the 
fish  and  game  laws  of  the  state,  as  evidenced  by  conviction  in  any  court 
of  competent  jurisdiction;  or  any  such  license  may  be  suspended  in 
the  discretion  of  the  state  market  director  for  a  period  not  to  exceed 
thirty  days  for  any  violation  of  the  rules  and  regulations  provided  for 
in  section  seventeen.  Such  suspension  or  revocation  shall  be  made  only 
after  due  notice  of  such  intention  has  been  given  the  offender  and  an 
opportunity  given  him  to  rebut  the  charge  at  a  formal  hearing  by  the 


Act  3588,  §§  2-J-27  general  laws.  1268 

state   market   director,   at    whicli    hearing   the   accused   shall   be   entitled 
to  be  represented  by  attorney. 

§  24.  Statement  of  fish  caught.  The  state  market  director  may  re- 
quire from  any  person  engaged  in  marketing  fish  a  written  statement 
as  to  the  amount  and  varieties  of  fish  caught,  or  on  hand,  or  sold  by 
said  person.  Failure  to  furnish  such  statement  on  demand  shall  be  good 
and  sufficient  grounds  for  the  suspension  of  license  issued  under  the 
provisions  of  this  act,  at  the  discretion  of  the  state  market  director,  for 
a  period   not  exceeding  thirty  days. 

§  25.  Seal.  The  state  fish  exchange  shall  have  a  seal  bearing  the 
inscription  "state  fish  exchange,  state  of  California,  seal,"  which  seal 
shall  be  afiixed  to  all  instruments,  including  licenses,  issued  under  the 
provisions    of    this    act. 

§26.  Investigations,  (a)  The  state  market  director  may  make  in- 
A'estigations  concerning  all  matters  relating  to  the  provisions  of  this 
act.  In  connection  therewith  he  shall  have  the  right  to  inspect  the 
books  and  records  of  any  person  engaged  in  marketing  fish,  and  the  state 
market  director  is  hereby  empowered  to  hear  complaints,  administer 
oaths,  certify  to  all  official  acts,  and  to  issue  subpoenas  for  the  attend- 
ance of  witnesses  and  the  production  of  papers,  books,  accounts,  docu- 
ments and  testimony  in  any  inquiry,  investigation,  hearing  or  proceeding 
m  any  part  of  the  state. 

(b)  Subpoenas.  The  superior  court  in  and  for  the  county,  or  city  and 
county,  in  which  any  inquiry,  investigation  or  proceeding  may  be  held 
by  the  state  market  director,  shall  have  power  to  compel  the  attendance 
of  witnesses,  the  giving  of  testimony  and  the  production  of  papers, 
including  books,  accounts  and  documents,  as  required  by  any  subpoena 
issued  by  the  state  market  director.  The  court  upon  petition  of  the 
state  market  director  shall  enter  an  order  directing  the  witness  to  aj)- 
pear  before  the  court  at  a  time  and  place  to  be  fixed  by  the  court 
in  such  order,  the  time  to  be  not  more  than  ten  days  from  the  date 
of  the  order,  and  then  and  there  show  cause  why  he  had  not  attended 
and  testified  or  produced  said  papers  before  the  state  market  director. 
A  copy  of  said  order  shall  be  served  upon  said  witness.  If  it  shall 
appear  to  the  court  that  said  subpoena  was  regularly  issued  by  the  state 
market  director,  the  court  shall  thereupon  enter  an  order  that  said 
witness  appear  before  the  state  market  director  at  a  time  and  place 
to  be  fixed  in  such  order,  and  testify  or  produce  the  required  papers, 
and  upon  failure  to  obey  said  order,  said  witness  shalj  be  dealt  with  as 
for  contempt  of  court. 

§  27.  Penalty.  Any  violation  of  the  provisions  of  section  seven  of 
this  act  as  to  destruction  or  diversion  of  food  fish,  of  section  nine  as  to 
licenses  required,  or  of  section  ten  as  to  license  regulations,  or  of  section 
fifteen  requiring  licenses  to  be  displayed  or  shown,  shall  be  a  mis- 
rlf'Tiieanor  punishable  by  a  fine  not  exceeding  five  hundred  dollars  or  liy 
imprisonment  not  exceeding  ninety  days,  or  by  both  such  fine  and 
iMi|irisoinnent. 


1269  STEAM    BOILERS.  Act  3890,  §  1 

§28.  Suits  commenced,  when.  All  prosecutions  or  suits  brought  un- 
der this  act  shall  bo  coninienced  vvitliiii  six  months  froni  the  time  such 
olfense  was  eommittcd. 

§29.  Annual  report.  The  state  market  director  shall  make  and  sub- 
mit to  the  governor,  on  or  before  the  first  day  of  December*  of  each 
year,  a  report  containing  a  full  and  complete  account  of  the  transactions 
and  proceedings  of  the  state  fish  exchange,  for  the  preceding  fiscal  year, 
together  with  such  facts,  suggestions  and  recommendations  as  may  be 
deemed  of  value  to  the  people  of  the  state. 

§  30.  Constitutionality.  If  any  section,  subsection,  sentence,  clause 
or  phrase  of  tliis  act  is  for  any  reason  held  to  be  unconstitutional,  such 
decision  shall  not  atfect  the  validity  of  the  remaining  portions  of  this 
act.  The  legislature  hereby  declares  that  it  would  have  passed  this  act, 
and  each  section,  subsection,  sentence,  clause  and  phrase  thereof,  irre- 
spective of  the  fact  that  any  one  or  more  other  sections,  subsections, 
sentences,  clauses  or  phrases  be  declared  unconstitutional. 

§  31.  Repealed.  All  acts  and  parts  of  acts  in  conflict  with  tliis  act 
are  hereby  repealed. 

TITLE  541a. 

STEAM   BOILEES. 

ACT  3890. 

An  act  to  provide  for  the  periodical  inspection  of  steam'  boilers,  with 
certain  exceptions,  operated  in  this  state;  requiring  a  permit,  to  be 
issued  by  the  industrial  accident  commission,  for  the  operation  of 
such  boilers;  making  it  a  misdemeanor  to  operate  such  boilers  with- 
out such  permit;  and  allowing  an  injunction  against  such  operation 
without  such  permit  where  dangerous  to  the  life  or  safety  of  em- 
ployees; providing  for  a  hearing  before  the  industrial  accident 
commission  prior  to  refusal  of  a  permit;  providing  for  the  determi- 
nation of  competency  of  inspectors  making  such  inspections  and 
requiring  reports  of  inspections;  and  prescribing  maximum  fees  for 
such  inspections. 

[Approved  May  9,  1917.     8tats.  1917,  p.  297.     In  eflteet  July  27,  1917.] 

§  1.  Permit  required  to  operate  steam  boiler.  Violation.  Injunction 
restraining  operation.  No  steam  boiler,  unless  exempted  in  the  follow- 
ing section,  shall  be  opjerated  in  the  state  of  California  unless  there  shall 
have  been  issued  for  the  operation  of  such  boiler  a  permit  as  hereinafter 
provided,  and  unless  such  permit  shall  remain  in  full  force  and  effect. 
Such  permit  must  be  posted  under  glass  in  a  conspicuous  place  on  or 
near  the  boiler  covered  by  it.  The  violation  of  this  section  by  any 
person  owning  or  having  the  custody,  management  or  operation  of  such 
boiler  without  such  permit  shall  be  a  misdemeanor  and  the  operation 
of  such  boiler  without  such  permit  shall  constitute  a  separate  offense 
for  each  day  that  it  shall  be  so  operated;  provided,  that  no  prosecution 
shall  be  maintained  where  the  issuance  or  renewal  of  such  permit 
shall  have  been  requested  and  shall  remain  unacted   upon.     If  the  oper- 


Act  3890,  §§  2, 3  general  laws.  1270 

ation  of  such  boiler  without  such  permit  shall  coustitute  a  serious  men- 
ace to  the  lives  or  safety  of  persons  employed  about  it,  the  industrial 
accident  commission,  a  commissioner  or  any  safety  inspector  thereof, 
or  any  person  affected  thereby,  may  apply  to  the  superior  court  of  the 
county  in  which  such  boiler  is  situated  for  an  injunction  restraining 
the  operation  of  said  boiler  until  such  condition  shall  be  corrected  or 
such  permit  secured.  The  certification  of  the  industrial  accident  com- 
mission that  no  permit  exists  for  the  operation  of  such  boiler,  and 
the  affidavit  of  any  such  inspector  that  its  operation  constitutes  a  men- 
ace to  the  life  or  safety  of  any  person  or  persons  employed  about  it, 
shall  be  sufficient  proof  to  warrant  the  immediate  granting  of  a  tempo- 
rary restraining  order. 

§  2.  Boilers  exempt.  The  following  boilers  arc  exempt  from  the  pro- 
visions of  this  act: 

(1)  Boilers  under  the  jurisdiction  or  inspection  of  the  United  States 
government,  and  all  other  boilers  operated  by  employers  not  subject  to 
the  workmen's  compensation,  insurance  and  safety  act  of  1917,  and  acts 
amendatory  thereof. 

(2)  Boilers  of  twelve  horse-power  or  less,  on  which  the  pressure  does 
not  exceed  fifteen  pounds  per  square  inch. 

(3)  Automobile  boilers  and  boilers  on  road  motor  vehicles. 

§  3.  Inspection  of  steam  boilers.  Hearing.  Temporary  permits.  The' 
industrial  accident  commission  shall  cause  to  be  inspected,  internally 
and  externally,  not  less  frequently  than  once  in  each  year,  every  steam 
boiler  subject  to  the  provisions  of  this  act.  If  such  boiler  be  found 
upon  such  inspection  to  be  in  a  safe  condition  for  operation,  a  permit 
shall  be  issued  by  the  commission  for  its  operation  for  not  longer  than 
one  year,  which  shall  be  the  permit  referred  to  in  section  one  of  this 
act.  If  any  such  inspection  shall  show  such  boiler  to  be  in  an  unsafe 
or  dangerous  condition,  the  commission,  or  a  commissioner,  may  issue 
a  preliminary  order  requiring  such  repairs  or  alterations  to.  be  made 
to  such  boiler  as  may  be  necessary  to  render  it  safe,  and  may  order 
the  use  of  such  boiler  discontinued  until  such  repairs  or  alterations  are 
made  or  such  dangerous  or  unsafe  conditions  are  remedied.  Unless  such 
preliminary  order  be  complied  with,  a  hearing  before  the  commission, 
a  commissioner  or  referee  of  such  commission,  shall  be  allowed,  upon 
request,  at  which  the  owner,  operator  or  other  person  in  charge  of  said 
boiler  shall  have  opportunity  to  appear  and  show  cause  why  he  should 
not  comply  with  said  order.  If  it  shall  thereafter  appear  to  the  com- 
mission that  such  boiler  is  unsafe  and  that  the  requirements  contained 
in  such  preliminary  order  should  be  complied  with,  or  that  other  things 
should  be  done  to  make  said  boiler  safe,  the  commission  may  order  or 
confirm  the  withholding  of  the  permit  to  operate  said  boiler,  and  may 
make  such  requirements  as  it  deems  proper  for  the  repair  or  alteration 
of  said  boiler,  or  tlie  correction  of  such  dangerous  and  unsafe  conditions. 
Such  order  may  thereafter  be  reheard  by  the  commission,  or  reviewed 
by  the  courts,  in  the  manner  specified  by  the  workmen's  compensation, 
inHuranee  and  safety  act  (if  l'.M7  for  safety  orders,  and  not  otherwise. 
It   may  also,   in   its   discix'tidii.   issue   and   renew   tenipdrary    permits   for 


1271  STREETS.  Act  3932,  §  4 

not  to  exceed  thirty  days  each,  pending  the  making  of  replacements 
or  repairs.  Nothing  contained  in  this  act  shall  be  construed  to  limit 
the  authority  of  the  commission  to  prescribe  or  enforce  general  or  spe- 
cial safety  orders. 

§  4.  Who  may  inspect.  Certificate  of  competency.  The  commission 
may  cause  the  inspection  herein  jirovided  for  to  be  made  either  by  its 
safety  inspectors  or  by  any  qualified  boiler  inspector  employed  by  any 
county,  city  and  county,  city,  or  insurance  company,  or  by  any  boiler 
inspector  employed  by  any  person  or  corporation  for  the  purpose  of 
testing  his  own  boilers  only;  provided,  that  such  persons  malting  in- 
spections other  than  such  safety  inspectors  shall  first  secure  from  the 
said  industrial  accident  commission  a  certificate  of  competency  to  make 
such  inspections.  The  industrial  accident  commission  is  hereby  vested 
with  full  power  and  authority  to  determine  the  competency  of  any 
applicants  for  such  certificate,  either  by  examination  or  by  other  sat- 
isfactory proof  of  qualifications.  The  commission  may  rescind  at  any 
time,  upon  good  cause  being  shown  therefor,  any  certificate  of  compe- 
tency issued  by  it  to  a  boiler  inspector,  or  may  at  anj'  time,  upon  good 
cause  being  shown  therefor,  and  after  notice  and  an  opportunity  to  be 
heard,  revoke  any  permit  to  operate  such  steam  boiler. 

§  5,  Fees.  The  industrial  accident  commission  shall  fix  and  collect 
fees  for  the  inspection  of  steam  boilers  covered  by  this  act,  not  exceed- 
ing two  dollars  and  fifty  cents  for  each  external  inspection  and  seven 
dollars  and  fifty  cents  for  each  internal  inspection  per  annum.  Such 
fees  must  be  paid  before  the  issuance  of  any  permit  to  operate 
the  said  boiler.  No  fee  shall  be  charged  by  the  industrial  accident 
commission  where  an  inspection,  as  herein  provided,  has  been  made  by 
an  inspector  holding  a  certificate  of  competency  from  said  commission 
and  employed  by  any  county,  city  and  county,  city,  insurance  company, 
or  by  any  person  or  corporation  for  the  purpose  of  testing  his  own  boil- 
ers only.  All  fees  collected  by  the  commission  under  this  act  shall 
be  paid  into  the  accident  prevention  fund. 

§  6.  Report  of  inspection.  Every  inspector  so  certified  shall  forward 
to  the  commission  on  the  forms  provided  by  it,  within  twenty-one  days 
after  such  inspection  is  made,  a  report  of  such  inspection,  in  default  of 
which  the  certificate  of  competency  may  be  canceled. 

TITLE  547. 

STREETS. 
ACT  3932. 

An  act  to  provide  a  system  of  street  improvement  bonds  to  represent 
certain  assessments  for  the  cost  of  street  work  and  improvements 
within  municipalities,  and  also  for  the  payment  of  such  bonds. 

[Approved  February  27,  IS93.     Stats.  1893,  p.  33.] 
Amended  1899,  p.  40;   1911,  p.  1201;  1913,  pp.  351,  845;   1917,  p.   KJO. 
The  amendment  of  1917  follows: 

§4.  Street  superintendent  to  certify  unpaid  assessments.  Sufficient 
description  of  land.     Street  improvement  bonds.     After  the  full  expira- 


Act  3932,  §  4  GENERAL   LAWS.  1272 

tiou  of  thirty  days  from  the  date  of  the  warrant,  or  if  an  appeal  be 
taken  to  the  city  council,  or  an  extension  of  time  be  granted  the  con- 
tractor in  which  to  make  his  return  as  provided  in  section  ten  of  said 
street  work  act,  then  five  days  after  the  final  decision  of  said  city 
council,  or  the  expiration  of  the  extension,  or  after  the  full  expiration 
of  thirtj^  days  from  the  recording  of  a  reassessment  in  the  event  that 
such  be  made,  and  after  the  street  superintendent  shall  have  recorded 
the  return,  and  in  the  event  that  a  reassessment  is  ordered,  after  all 
previous  payments  have  been  credited  on  the  reassessment,  the  street 
superintendent  shall  make  and  certify  to  the  city  treasurer  a  complete 
list  of  all  assessments  unpaid,  w^hich  amount  to  twenty-five  dollars  or 
over  upon  any  assessment  or  diagram  number;  and  said  treasurer  shall 
thereupon  make  out,  sign  and  issue  to  the  contractor,  or  his  assigns, 
payee  of  the  warrant  and  assessment,  a  separate  bond,  representing  upon 
each  lot  or  parcel  of  land  upon  said  list  the  total  amount  of  the  assess- 
ments or  reassessments  as  the  case  may  be,  against  the  same  as  thereon 
shown.  And  if  said  lot  or  parcel  of  land  is  described  upon  said  assessment 
and  diagram  by  its  number  or  block,  or  both,  upon  the  official  map  of  said 
municipality,  or  upon  any  map  on  file  in  the  office  of  the  county  re- 
corder of  the  county  in  which  said  municipality  is  situated,  then  it  shall 
be  in  said  bond  a  sufficient  description  of  said  lot  or  parcel  of  land  to 
designate  it  by  said  number  or  block,  or  both,  as  it  appears  on  said  offi- 
cial or  recorded  map.  Said  bond  shall  be  substantially  in  the  following 
form: 

STREET   IMPROVEMENT   BOXD. 
Series    (designating   it)    in  the   city    (or   other   form   of   municipality)    of 

(naming  it). 
.$ No.  . 

Under  and  by  virtue  of  an  act  of  the  legislature  of  the  state  of  Cali- 
fornia  (title  of  said  act),  T,  out  of  the  fund  for  the  above  designated 

street  improvement  bonds,   series  ,  will  pay  to  ,  or  order,  the 

sum  of  dollars,  ($ ),  with  interest  at  the  rate  of  per  cent 

per  annum,  all  as  hereinafter  specified,  and  at  the  office  of  the  treasurer 
of  the of ,  state  of  California. 

This  bond  is  issued  to  represent  the  cost  of  certain  street  work  upon 
in  the  of ,  as  the  same  is  more  fully  described  in  assess- 
ment No.  ,  issued  by  the  street  superintendent   of  said  ,  after 

acceptance  of  said  work,  and  recorded  in  his  office  (or  if  there  has  been 
a  reassessment  then  the  reference  shall  be  to  such  reassessment).  Its 
amount  is  the  amount  assessed  in  said  assessment  (or  reasessment  if 
such  be  made)   against  the  lot  or  parcel  of  land  numbered  therein,  and 

in   the  diagram   attached   thereto,  as  No.  ,  and   which  now  remains 

unpaid,  but  until  paid,  with  accrued  interest,  is  a  first  lien  upon  the 
])roperty  aflfected  thereby,  as  the  same  is  described  herein,  and  in  said 
recorded   assessment   with   its   diagram,   to   wit: 

Tliat  certain  lot  or  parcel  of  land  in  said of  county  of 

and  state  of  California,  described  as  follows: 

This  bond  is  payable  exclusively  from  said  f'liinl  :tiid  neither  \hv 
iimnicipnlity  nor  any  officer  thereof  is  to  l)e  holden  for  payment  other- 
wise for  its   ])rincipal  or  interest.     The  term  of  tiiis  bond   is  years 


1273  STREETS.  Act  3932,  §  4 

from  the  secoiul  day  of  Jauiiary  next  succeeding  its  date,  and  at  the 
expiration  of  said  time  the  whole  sum  then  uiii)aid  shall  be  due  and 
payable;  but  on  the  second  day  of  January  of  each  year  after  its  datv? 
an  even  annual  proportion  of  its  whole  amount  is  due  and  payable  upon 
jiresentation  of  the  coupon  therefor  until  the  whole  is  paid  (or  if  said 
bonds  are  to  extend  over  a  period  exceeding  ten  years  from  their  date, 
insert  in  place  of  the  last  statement  the  following:  But  on  the  second 
day  of  January  of  each  of  the  last  ten  years  of  the  term  of  this  bond 
an  even  one-tenth  part  of  the  whole  amount  of  the  principal  of  said 
bond  shall  be  due  and  payable  u])on  presentation  of  the  coupon  there- 
for), with  all  accrued  interest  at  the  rate  of per  centum  per  annum. 

The  interest  is  payable  semi-annually,  to  wit:  on  the  second  days  of 
.January  and  July  in  each  year  hereafter,  upon  presentation  of  the  cou- 
pons  therefor,   the  first   of  which   is   for   the  interest  from   date   to   the 

next   second   day   of  ,   and   thereafter   the  interest   coupons  are   for 

semi-annual  interest.  Should  default  be  made  in  the  annual  pay- 
ment upon  the  principal,  or  in  any  payment  of  interest,  by  the  owner 
of  said  lot  or  parcel  of  land,  or  anyone  in  his  behalf,  the  holder  of 
tliis  bond  is  entitled  to  declare  the  whole  unpaid  amount  to  be  due 
and  payable  and  to  have  said  lot  or  parcel  of  land  advertised  and  sold 
forthwith,  in  the  manner  provided  by  law. 

At  said  of  ,  this  day  of ,  in  the  year  one  thousand 

nine  hundred  . 

City  treasurer  of  the  of  . 

in  case  the  amount  of  the  unpaid  assessment  or  reassessment  upon 
any  lot  or  parcel  of  land  shall  be  less  than  twenty-five  dollars,  then  the 
same  shall  be  collected  as  is  provided  in  said  street  work  act.  If  any 
person,  or  his  authorized  agent,  shall  at  any  time  before  the  issuance 
of  the  bond  for  said  assessment  or  reassessment  upon  his  lot  or  parcel 
of  land  present  to  the  city  treasurer  his  aifidavit  made  before  a  com- 
petent officer,  that  he  is  the  owner  of  a  lot  or  parcel  of  land  in  said 
list,  accompanied  by  the  certificate  of  a  searcher  of  records  that  he  is 
such  owner  of  record,  and  shall  with  such  affidavit  and  certificate  notify 
said  treasurer  in  writing  that  he  desires  no  bond  to  be  issued  for  the 
assessment  upon  said  lot  or  parcel  of  land,  then  no  such  bond  shall  be 
issued  therefor  and  the  payee  of  the  warrant,  or  his  assigns,  shall  re- 
tain his  right  for  enforcing  collection  of  said  assessment  or  reassess- 
ment as  if  said  lot  or  parcel  of  land  had  not  been  so  listed  by  the  street 
superintendent.  The  bonds  so  issued  by  said  treasurer  shall  be  payable 
to  the  party  to  whom  they  issue,  or  order,  and  shall  be  serial  bonds, 
as  is  hereinbefore  described,  and  shall  bear  interest  at  the  rate  specified 
in  the  resolution  of  intention  to  do  said  work.  They  shall  have  annual 
coupons  attached  thereto,  payable  in  annual  order  on  the  second  day 
of  -Tanuary  in  each  year  after  the  date  of  the  bonds  until  all  are  paid, 
or  if  the  term  of  said  bonds  be  more  than  ten  years,  then  said  coupons 
shall  be  payable  on  the  second  day  of  .January  of  each  of  the  last  ten 
years  of  the  term  of  the  bonds;  and  each  coupon  shall  be  for  an  even 
annual  proportion  of  the  principal  of  the  bond.  They  shall  have  semi- 
annual interest  coupons  thereto  attached,  the  first  of  which  shall  be 
payable  u]ion   the  second   day  of  January  or  .Tnly,  as   the   case   may  be. 


Act  3932a,  §  3  general  laws.  1274 

next  after  its  date,  aud  shall  be  for  the  interest  accrued  at  fhat  time, 
and  the  rest  of  which  shall  be  for  the  semi-annual  interest  accruing 
from  the  second  day  of  January  or  July,  as  the  case  may  be.  The 
owner  of,  or  any  person  interested  in,  any  lot  or  parcel  of  land  upon 
which  a  bond  has  been  issued,  under  the  terms  of  this  act,  may  at  any 
time  pay  off  such  bond  and  discharge  his  land  from  the  lien  of  the. 
assessment,  by  paying  to  the  city  treasurer  for  the  holder  of  such  bond 
the  amount  then  unpaid  on  the  principal  sum  thereof,  and  all  interest 
thereon  w^hich  has  accrued  and  is  unpaid,  together  with  the  semi-annual 
installment  of  interest  which  will  next  become  due  thereafter,  and  in 
addition  thereto,  interest  for  six  months  at  the  rate  specified  in  the 
bond  upon  the  unpaid  amount  of  the  principal.  The  treasurer  shall 
thereupon  make  an  entry  upon  his  bond  register  that  such  bond  has 
been  paid  in  full.  When  all  the  coupons  of  principal  and  interest  are 
paid  or  the  bond  is  surrendered  or  satisfied,  the  city  treasurer  shall 
report  the  fact  to  the  street  superintendent,  who  shall  forthwith  indorse 
the  same  on  the  margin  of  the  record  of  the  assessment  to  the  credit 
of  which  the  same  is  paid.  The  assessment  upon  which  a  bond  is 
issued  shall  be  a  first  lien  upon  the  property  affected  thereby  until  the 
bond  issued  for  the  payment  thereof  and  the  accrued  interest  thereon 
shall  be  fully  paid.  Said  bonds  by  their  issuance  shall  be  conclusive 
evidence  of  the  regularity  of  all  proceedings  leading  up  thereto  under 
said  street  work  act  and  under  this  act,  and  of  the  validity  of  said  lien. 
[Amendment  approved  April  24,  1917;  Stats.  1917,  p.  160.] 

ACT  3932a. 

An  act  to  provide  for  the  issuance  of  improvement  bonds  to  represent 
and  be  secured  by  certain  assessments  made  for  the  cost  of  certain 
work  and  improvements  made  in  and  upon  streets,  avenues,  lanes, 
alleys,  courts,  places  and  sidewalks  within  municipalities  and  upon 
property  and  rights  of  way  owned  by  municipalities,  to  provide  for 
the  collection  of  such  assessments,  the  sale  of  the  property  affected 
thereby  and  for  the  payment  of  the  bonds  so  issued. 

I  Approved  June  11,  1915.  Stats.  1915,  p.  1441.] 
Amended  1917;  Stats.  1917,  p.  209. 
§  3.  Bonds  payable  when  and  where.  Interest.  Redemption  fund. 
Register.  Said  bonds  shall  be  issued  in  series  and  an  even  annual  pro- 
portion of  the  aggregate  principal  sum  thereof  shall  be  payable  on  the 
second  day  of  July  every  year  succeeding  the  first  nine  months  after 
their  date,  until  the  whole  is  paid,  and  the  said  bonds  shall  bear  inter- 
est at  a  rate  of  not  to  exceed  eight  per  cent  per  annum  from  the  date 
of  filing  wilh  the  clerk  of  the  street  superintendent's  list  of  unpaid 
assessments,  on  ail  sums  unpaid,  until  the  whole  of  said  principal  sum 
and  interest  are  paid,  which  interest  sliall  lie  i)ayable  semi-annually  by 
coupon,  on  the  second  days  of  Janiiaiy  and  .Inly,  respectively  of  each 
year;  provided.  Iliat  llic  (iis1  payiiiciit  ol'  interest  shall  not  come  due 
till  six  months  liddn'  I  lie  matniily  of  tli(^  first  series  of  bonds.  The 
final  series  or  insia  llincul  nf  said  Ixiads  shall  mature  and  be  iiayable 
on    a    date   wliidi    shall    not    cxccrd   fourteen   years   from   the   second   day 


1^75  STREETS.  Act  3932a,  §§  4, 5 

of  July  next  succeeding  nine  months  from  their  date.  Said  bonds  and 
interest  shall  bo  paid  at  the  office  of  the  city  treasurer  of  said  munici- 
pality who  shall  keep  a  redemption  fund  designated  by  the  name  of 
said  bonds,  into  which  he  shall  place  all  sums  received  by  him  from  the 
collection  of  the  assessments  made  for  the  payment  of  the  cost  of  the 
work  or  improvements  upon  which  the  said  bonds  arc  issued,  and  of 
the  interest  and  penalties  thereon  and  from  which  fund  he  shall  dis- 
burse and  pay  the  said  bonds  and  the  interest  due  thereon  upon  presenta- 
tion of  the  proper  bonds  and  coupons;  and  under  no  circumstances  shall 
said  bonds  or  the  interest  thereon  be  paid  out  of  any  other  fund.  Said 
city  treasurer  shall  keep  a  register  in  his  office  which  shall  show  the 
series,  number,  date,  amount,  rate  of  interest,  and  last  known  holder 
of  each  bond,  and  the  number  and  amount  of  each  coupon  of  interest 
paid  by  him,  and  shall  cancel  and  file  each  bond  and  coupon  so  paid. 
[Amendment  approved  May  4,  1917;   Stats.  1917,  p.  209.] 

§  i.  Kesolution  of  intention.  When  said  city  council  shall  determine 
that  serial  bonds  shall  be  issued  hereunder  to  represent  the  expense  of 
any  proposed  work  or  improvement  under  said  street  work  act  it  shall 
so  declare  in  the  resolution  of  intention  to  do  said  work  and  shall  specify 
the  rate  of  interest  which  they  shall  bear.  The  like  description  of  said 
bonds  shall  be  inserted  in  the  resolution  ordering  the  work,  in  the  reso- 
lution of  award  and  in  all  notices  of  said  proceedings  required  by  said 
act  to  be  either  posted  or  published,  and  also  a  like  notice  shall  be 
entered  in  any  warrant  issued  by  the  superintendent  of  streets  to  the 
contractor.  Said  bond  declaration  may  be  substantially  in  the  following 
form:     "Notice   is   hereby   given   that   serial   bonds   to   represent   unpaid 

assessments,  and  bear  interest  at  the  rate  of  per  cent  per  annum, 

will  be  issued   hereunder  in   the   manner  provided  by  the  improvement 

bond  act  of  1915,  the  last  installment  of  which  bonds  shall  mature  

years  from  the  second  day  of-  July  next  succeeding  nine  months  from 
their  date."     [Amendment  approved  May  4,  1917;  Stats.  1917,  p.  210.] 

§  5.  Street  superintendent  to  file  list  of  unpaid  assessments.  Notice 
of  hearing.  Objections.  Advertisement  for  bids.  Award  to  highest 
bidder.  After  the  full  expiration  of  thirty  (30)  days  from  the  date  of 
the  warrant,  or  if  an  appeal  be  taken  to  the  city  council  as  provided 
in  said  street  work  act,  then  five  (5)  days  after  the  final  decision  of 
said  council,  and  after  the  street  superintendent  shall  have  recorded  the 
return,  the  street  superintendent  shall  make  and  file  with  the  clerk  of 
the  city  council  a  complete  list  of  all  assessments  unpaid,  upon  any 
assessment  or  diagram  number.  Said  clerk  shall  then  give  notice  of  the 
filing  of  said  list  and  of  a  time,  to  be  therein  fixed  by  said  clerk,  when 
interested  persons  may  appear  before  the  city  council  and  show  cause 
why  bonds  should  not  be  issued  upon  the  security  of  the  unpaid  assess- 
ments shown  on  said  list,  which  time  shall  be  that  of  some  regular 
meeting  of  said  council.  Such  notice  shall  be  posted  for  not  less  than 
five  days  on  or  near,  the  council  chamber  door  and  be  published  twice 
in  a  newspaper  published  in  such  city,  if  there  be  any,  the  first  of  which 
publications  shall  be  not  less  than  five  days  before  the  time  fixed  for 
such    hearing.     Eeference    shall    therein   be    made    to    the   resolution    of 


Act  3932a,  §  6  general  laws.  127G 

intention  and  the  date  of  its  passage  for  a  description  of  the  work 
therein  mentioned  and  no  other  description  thereof  sTiall  be  necessary. 
The  council  shall  hear  any  objection  presented  and  shall  pass  upon 
the  same  and  shall  thereupon  determi-ne  the  assessments  which  are 
unpaid  and  the  aggregate  amount  of  same.  It  may  adjourn  the  hearing 
from  time  to  time.  Its  decision  shall  be  final.  The  citj'  council  shall 
then  prescribe  the  denominations  of  such  bonds,  which  shall  be  in 
convenient  amounts  not  necessarily  equal,  and  shall  provide  for  issuance 
of  same  in  annual  series.  Said  bonds  must  be  sold  at  a  time  to  be  fixed 
by  the  council,  and  to  the  highest  bidder  therefor,  but  for  not  less  than 
par  and  accrued  interest,  and  the  proceeds  of  the  sale  shall  be  deposited 
in  the  city  treasury.  Before  selling  said  bonds,  or  any  part  thereof, 
the  city  council  must  advertise  for  bids  therefor,  by  publication  once 
a  week  for  at  least  two  weeks  in  some  newspaper  of  general  circulation 
published  in  tife  city,  or  if  there  is  no  such  newspaper  published  in  the 
city  then  bj'  notice  of  sale,  posted  for  at  least  two  weeks  on  or  near  the 
council  chamber  door  of  said  city.  If  satisfactory  bids  are  received 
the  bonds  offered  for  sale  must  be  awarded  to  the  highest  bidder.  If 
no  such  bids  are  received  or  the  council  determines  that  the  bids  re- 
ceived are  not  satisfactory  as  to  price  or  responsibility  of  the  bidders 
the  council  may  reject  all  bids  received,  if  any,  and  either  readvertise 
or  deliver  said  bonds  to  the  contractor  in  satisfaction  of  the  sum  due 
him  upon  his  assessment  and  warrant.  From  the  proceeds  of  any  sale  of 
said  bonds,  there  shall  be  paid  to  such  contractor  the  balance  due  him 
upon  his  assessment  and  warrant  including  interest  upon  the  principal 
amount  thereof  at  the  rate  specified  in  said  bond  declaration  computed 
from  the  date  of  filing  of  said  unpaid  assessment  list,  and  the  surplus 
of  such  proceeds  shall  be  credited  to  the  redemption  fund  for  the  pay- 
ment of  such  bonds.  The  cost  of  such  publications  shall  be  paid  from 
such  redemption  fund.  [Amendment  approved  Mav  4,  1917;  Stats.  1917, 
p.   211.] 

§  6.  Form  of  bond.  Said  bonds  shall  each  be  substantially  in  the 
following  form: 

IMPROVEMENT    BOND. 

City  (or  other  form  of  immicipality)   of  (naming  it). 
.$ No. 

Under  and  by  virtue  of  the  act  of  the  legislature  of  the  state  of  Cali- 
fornia, entitled  (title  of  this  act)  the  of  (a  municipal  cor- 
poration) will  on  the  second  day  of  July,  19 — ,  out  of  the  redemptiou 
fund   for  the   i)ayment  of  the  bonds  issued  upon  the  assessments  made 

for   the   work    upon    and   improvements   on   certain   streets    (or   on 

street,  or  in  improvement  district  No.  ,  or  on  certain  rights  of  way 

owned  by,  or  by  other  suitable  description),  more  fully  described  in 
the  certain   resolution  of  intention  passed  by  the  city  council   (or  other 

board)  of  said  municipality  on  the day  of  ,  19 — ,  pay  to  bearer, 

the  sum    of  dollars    ($ )    with    interest   thereon   from   the  

flay  of  ,  19 —  at  the  rate  of per  cent  per  annum,  all  as  is  here- 
inafter specified,  and  at  the  office  .of  the  treasurer  of  said  municipality. 

This  bond  is  one  of  several  aniiual  series  of  bonds  of  like  date,  tenor 
and    cfFect,    but    differing    in    amounts    and    maturities,    issued    by    said 


1277  sTKEKTs;  Act  39;32a,  ^^  7,  12 

iiiuiiici()alit y  ini<lrr  said  act  t'oi'  iIk'  juirposi-  of  piuvidiiij;  iiu'uiis  for  payiiio- 
for  the  work  aud  improvements  described  in  said  resolution  of  intention, 
and  is  secured  by  the  moneys  in  said  redemption  fund  and  by  the  unpaid 
assessments  made  for  the  payment  of  said  work,  and,  including  principal 
and  interest,  is  payable  exclusively  out  of  said  fund. 

The  interest  is  payable  semi-annually,  to  wit:  On  the  second  days  of 
.January  and  July  in  each  year  hereafter,  upon  presentation  of  the  proper 
coupons  therefor;  provided,  that  the  first  of  said  coupons  is  for  the  inter- 
est to  the  second  day  of  January,  19^  and  thereafter  the  interest  cou- 
pons are  for  the  semi-annual  interest. 

This  bond  will  continue  to  bear  interest  after  maturity  at  the  rate 
above  stated;  provided,  it  is  presented  at  maturity  and  payment  thereof 
is  refused  upon  the  sole  ground  that  there  is  not  sufficient  moneys  in  said 
redemption  fund  with  which  to  pay  same.  If  it  is  not  presented  at 
maturitj'  interest  thereon  will  run  until  maturity. 

This  bond  may  be  redeemed  and  paid  in  advance  of  maturity  upon 
the  second  day  of  July  in  any  year  by  giving  the  notice  provided  in 
said  act. 

In   witness   whereof,   said   of   has   caused   this   bond    to   be 

signed  by  the  treasurer  of  said and  by  its   clerk   and  has   caused 

its  clerk  to  affix  thereto  its  corporate  seal  all  on   the day  of  , 

19—. 

Treasurer. 

(Seal)  Clerk. 

I  Amendment  approved  May  4,  1917;  Stats.  1917,  p.  212.] 

§  7.  The  coupons  affixed  to  said  bonds  shall  be  signed  by  the  treas- 
urer, and  the  city  council  may  by  order  provided  in  its  discretion  for 
the  use  upon  said  coupons  of  an  engraved,  printed  or  lithographed  sig- 
nature of  the  treasurer  in  place  of  a  signature  by  hand.  The  bonds  shall 
have  semi-annual  coupons  attached  thereto,  the  first  of  which  shall  be 
payable  upon  the  second  day  of  January  next  before  the  maturity  of 
the  first  series  of  bonds  coming  due,  and  shall  be  for  the  interest 
accrued  at  that  time.  [Amendment  approved  May  4,  1917;  Stats.  1917, 
p.   213.] 

§  12.  Assessments  payable  in  installments.  Sale  of  land  on  default  of 
payment.  Purchase  by  city.  State  to  purchase  when.  Such  unpaid 
assessments  shall  be  payable  in  annual  series,  corresponding  in  num- 
ber to  the  number  of  series  of  bonds  issued  and  an  even  annual  pro- 
portion of  each  assessment  shall  be  payable  in  each  year  preceding  the 
date  of  maturity  of  each  of  the  several  series  of  bonds  so  issued. 
Such  annual  proportion  of  each  assessment  coming  due  in  any  year, 
together  with  the  annual  interest  on  such  assessment,  shall  in  turn  be 
payable  in  annual  or  semi-annual  installments  according  as  the  general 
municipal  taxes  of  such  city  on  real  property  are  payable  in  annual  or 
semi-annual  installments,  and  such  installments  and  said  annual  interest 
shall  be  payable  and  become  delinquent  at  the  same  times  and  in  the 
same   proportionate  amounts   and  bear  the   same  proportionate  penalties 


Act  3937c  GENERAL    LAWS.  1278 

and  interest  after  delinquency  as  to  the  general  municipal  taxes  on  real 
property  of  said  city.  Upon  default  in  payment,  the  lands  securing 
such  installments  and  assessments  shall  be  sold  in  the  same  manner  in 
which  real  property  in  such  city  is  sold,  for  the  nonpaj^ment  of  general 
municipal  taxes,  and  be  subject  to  redemption  in  the  same  manner  as 
such  real  property  is  redeemed  from  such  delinquent  sale,  and  upon 
failure  of  redemption  shall  in  like  manner  pass  to  the  purchaser.  The 
city  may  be  the  purchaser  at  any  delinquent  sale  in  like  manner  in 
which  it  becomes  or  may  become  the  purchaser  of  property  sold  for 
nonpayment  of  the  general  municipal  property  tax,  and  in  the  event  of 
its  so  becoming  the  purchaser  shall  pay  and  transfer  into  said  redemp- 
tion fund  the  amount  of  the  delinquent  assessment  and  of  the  delinquent 
interest  thereon  upon  which  said  sale  is  made.  In  cases  where  the  mu- 
nicipal property  tax  is  collected  by  county  or  city  and  county  officials  and 
sales  for  nonpayment  of  such  taxes  are  made  to  the  state,  the  state  shall 
be  the  purchaser  at  any  such  sale  hereunder,  but  shall  hold  the  title  ac- 
quired at  such  sale  upon  behalf  of  the  city  and  shall  account  to  the  city 
for  any  moneys  received  upon  redemption  or  from  the  sale  of  such  prop- 
erty, the  city  for  the  purposes  of  this  act  being  deemed  the  real  pur- 
chaser. In  other  cases  where  under  the  law,  the  citj'  is  not  always  the 
purchaser  at  sales  for  delinquent  municipal  taxes,  the  city  shall  become 
such  purchaser  at  any  delinquent  sale  hereunder  where  there  is  no  other 
purchaser.  In  the  event  of  there  being  no  available  funds  in  the  treas- 
ury with  which  to  make  such  payment,  the  tax  collector  shall  delay  the 
entry  of  the  certificate  of  sale  until  such  funds  are  available,  making 
demand  in  the  meantime  upon  the  city  council  that  a  suitable  amount  be 
included  in  the  next  tax  levy  for  the  purpose  of  providing  funds  with 
which  to  make  such  payment;  provided,  however,  that  the  period  of 
redemption  from  such  tax  sale  shall  not  be  extended  thereby  nor  the 
rights  or  privileges  of  the  property  owner  be  thereby  in  any  wise  affected. 
In  the  event  of  such  purchase  being  made  by  the  eity  and  of  any  suc- 
ceeding installment  of  such  assessment  or  of  such  interest  not  being 
paid  in  any  future  year,  the  property  shall  not  be  sold  unless  there 
has  previously  been  a  redemption  from  such  sale  or  unless  under  the 
law  it  is  being  then  sold  for  delinquent  taxes.  The  city  shall  neverthe- 
less from  time  to  time  when  due  pay  and  transfer  into  said  redemption 
fund  the  amount  of  any  such  future  delinquent  assessment  and  interest 
pending  redemption,  and  no  redemption  shall  be  made  until  any  such 
subsequent  payments,  with  interest  and  jienalties,  shall  also  be  paid. 
[Amendment  approved  May  -4,  1917;  Stats.   1917,  p.  213.] 

ACT  3937c. 

An  act  to  provide  for  the  establishment  and  change  of  grade  of  public 
streets,  lands,  alleys,  courts,  ])laces  and  rights  of  ways  in  municipal- 
ities, and  [iroviding  for  the  improv(>ment  thereof,  in  cases  where  any 
damage  to  private  property  would  result  from  such  improvement,  and 
for  tlio  assessment  of  the  costs,  damages  and  exjienses  thereof  upon 
the  projierfy  benefited  thereby,  and  to  provide  a  system  of  local  im- 
provement  bonds  to  re[)res('nt  the  assessments  for  tli(>  costs,  damages 


1279  •       STREETS.  Act  3937c,  §  1 

ami  expenses  of  such  improvement,  and  for  tlic  payment  and  effect  of 
such  bonds. 

[Approved  Jnne   l(i,   J9i;j.     tStats.   1913,  p.   934.] 

Amended   1915,   p.   1217;    1917,  p.   970. 

The  amendment  of  1917  follows: 

The  title  of  the  act  was  amended  to  read  as  follows: 
An  act  to  provide  for  the  establishment  and  change  of  grade  of  public 
streets,  lanes,  alleys,  courts,  places  and  rights  of  way,  and  of  any  of 
the  following  avenues  of  public  travel,  namely,  tunnels,  subways, 
A'iaducts,  bridges  or  independent  subterranean  ways  in  municipalities 
and  providing  for  the  construction  or  improvement  thereof,  in  cases 
where  any  damage  to  private  property  would  result  from  such  im- 
provement, and  for  the  assessment  of  the  costs,  damages  and  ex- 
penses thereof  upon  the  property  benefited  thereby,  and  to  provide  a 
system  of  local  improvement  bonds  to  represent  the  assessments  for 
the  costs,  damages  and  expenses  of  such  improvement,  and  for  the 
payment  and  effect  of  such  bonds. 

The  balance  of  the  amendment  is  as  follows: 

§  1.  City  may  establish  and  change  street  grade,  etc.  Official  grade 
already  established.  Whenever  the  public  interest  or  convenience  may 
require,  the  legislative  body  of  any  city  is  hereb}'  empowered  to  establish 
or  change  or  modify  the  grade  of  any  public  street,  avenue,  lane,  klley, 
court,  place  or  right  of  way  in  said  city,  or  any  portion  thereof,  and  also 
the  grade  of  the  roadway  of  any  of  the  following  avenues  of  public 
travel,  namely,  tunnels,  subways,  viaducts,  bridges  or  independent  sub- 
terranean ways,  in,  on,  under,  over  or  through  any  public  street,  avenue, 
lane,  alley,  court,  place  or  other  land  of  the  city,  or  in,  on,  under,  over 
or  through  any  land  in  which  and  where  the  city  may  then  have  an  ease- 
ment or  right  of  way  therefor;  and  in  any  case  when  or  where,  in  the 
opinion  of  said  legislative  body,  any  damage  to  private  property  would 
result  from  the  improvement  thereof,  to  order  the  whole  or  any  part, 
either  in  length  or  width,  of  such  public  street,  avenue,  lane,  alley,  court, 
place  or  right  of  way  or  other  land  of  the  city,  in  which  and  where  the 
city  may  then  have  an  easement  or  right  of  way  therefor,  to  be  improved 
to  conform  to  such  official  grade  by  grading  or  regrading,  paving  or 
repaving,  planking  or  replanking,  macadamizing  or  remacadamizing, 
piling  or  repiling,  capping  or  recapping,  graveling  or  regraveling,  oiling  or 
reoiling,  sewering  or  resewering,  sidewalking  or  residewalking,  curbing 
or  recurbing,  guttering  or  reguttering,  or  by  the  construction,  reconstruc- 
tion or  repair  of  manholes,  culverts,  cesspools,  conduits,  crosswalks,  steps, 
parking  or  parkways,  or  by  the  construction,  reconstruction  or  repair  of 
poles,  posts,  wires,  conduits,  lamps  and  other  appurtenances  for  the 
lighting  thereof;  and  also  in  any  case  where,  in  the  opinion  of  said 
legislative  body,  any  damage  to  private  property  would  result  from  the 
construction,  reconstruction  or  repair  thereof,  to  order  the  construction, 
reconstruction  or  repair  of  any  of  the  following  avenues  of  public  travel, 
namely,  tunnels,  subways,  viaducts,  bridges  or  independent  subterranean 
ways,  together  with  approaches  thereto,  and  all  appurtenances  therefor, 
in,  on,  under,  over  or  through  any  public  street,  avenue,  lane,  alley,  court. 


Act  3937e,  §  2  genekal  laws.  1280 

place  or  other  laud  of  the  city,  or  in,  on,  under,  over  or  through  any  land 
in  which  and  where  the  city  has  an  easement  or  right  of  way  therefor, 
to  the  grade  established  for  the  roadway  of  such  tunnel,  subway,  viaduct, 
bridge  or  independent  subterranean  way,  and  order  the  construction, 
reconstruction  or  repair  of  stormwater  ditches  or  tunnels,  or  break- 
waters, levees  or  walls  of  rock,  or  other  materials,  culverts,  manholes, 
cesspools,  conduits,  subways,  retaining  walls,  sewers,  ditches,  drains  and 
channels  for  sanitary  and  drainage  purposes,  or  either  or  both  thereof, 
with  necessary  outlets,  catch-basins,  flush-tanks,  septic  tanks,  connect- 
ing sewers  and  other  appurtenances,  to  protect  the  streets,  avenues,  lanes, 
alleys,  courts,  places  or  rights  of  way,  or  any  of  the  following  avenues 
of  public  travel,  namely,  tunnels,  subways,  viaducts,  bridges  or  inde- 
pendent subterranean  ways  which  may  be  constructed  as  hereinabove 
provided,  from  overflow  or  injury  by  water  or  otherwise;  and  to  order 
the  doing  of  any  other  work  which  shall  be  necessary  to  improve  the 
whole,  or  any  portion  of  such  street,  avenue,  lane,  alley,  court,  place  or 
other  land  of  the  city,  or  any  of  the  following  avenues  of  public  travel, 
namely,  tunnels,  subways,  viaducts,  bridges  or  independent  subterranean 
ways  which  may  have  been  constructed,  or  which  shall  be  constructed, 
under  the  proceedings  provided  in  this  act.  This  act  shall  apply  equally 
in  cases  where  the  official  grade  of  any  public  street,  avenue,  lane,  alley, 
court,  place  or  right  of  way,  or  of  the  roadway  of  any  of  the  following 
avenues  of  public  travel,  namely,  tunnels,  subways,  viaducts,  bridges  or 
independent  subterranean  ways,  in,  on,  under,  over  or  through  any  public 
street,  avenue,  lane,  alley,  court,  place  or  other  land  of  the  city,  or  in, 
on,  under,  over  or  through  any  land  in  which  and  where  the  city  may 
then  have  an  easement  or  right  of  way  therefor  has  previously  been 
established  or  changed,  and  where  such  grade  is  established,  modified 
or  changed  in  whole  or  in  part  by  the  same  proceedings  bv  which  the 
improvement  is  ordered,  if  in  the  opinion  of  the  legislative  bod.y  of  the 
city,  damage  will  result  to  private  property  from  the  making  of  the  im- 
provement contemplated  by  the  proceedings.  [Amendment  approved 
May  26,  1917;  Stats.  1917,  p.  971.] 

§  2.  Resolution  of  intention.  Boundaries  of  district.  Before  ordering 
any  establishment,  change,  or  modification  of  grade,  or  any  improvement 
described  in  section  one  hereof,  the  said  legislative  body  shall  pass  an 
ordinance  or  resolution,  declaring  its  intention  so  to  do,  and  that,  in  its 
opinion,  damage  to  private  property  would  result  from  such  improve- 
meii't,  designating  the  proposed  grade,  describing  the  proposed  improve- 
ment, fixing  the  time  and  place  for  the  hearing  of  protests  in  relation 
thereto  by  said  legislative  body,  which  shall  be  not  less  than  thirty  days 
from  the  date  of  tlie  passage  of  said  ordinance  or  resolution  of  intention, 
and  specifying  the  exterior  bouiidaries  of  the  district  of  land  to  be  bene- 
fited by  said  imi)rovement,  and  to  be  specially  assessed  to  pay  the  costs 
and  expenses  thereof,  and  the  damages  caused  by  said  improvement, 
which  shall  be  known  as  the  assessment  district.  Such  legislative  body 
may  include  in  one  improvement,  under  one  ordinance  or  resolution  of 
intention  and  order  and  under  one  contract,  the  grade  of  all  or  any  por- 
tion of  one  or  more  streets,  avenues,  lanes,  alleysj  courts,  places,  rights 
of  way  or  other  land   of  the  city,  or   land   in   which   and  where  the  city 


1^81  STREETS.  Act  3937c,  5;  3 

h;is  an  easement  or  right  of  way,  establislic.l,  changed,  or  modified,  and 
tlie  grade  of  the  roadway  of  any  of  the  following  avenues  of  iniblic 
travel,  namely,  tunnels,  subways,  viaducts,  bridges  or  independent  sub- 
terranean ways,  in,  on,  under,  over  or  through  any  portion  of  any  of 
said  streets,  avenues,  lanes,  alleys,  courts,  places,  rights  of  way  or  other 
Jand  of  the  city,  or  land  in  which  and  where  the  city  has  an  easement 
or  right  of  way,  established,  changed  or  modified,  and  the  construction 
of  any  one  or  more  or  all  of  the  different  kinds  of  work  enumerated  in 
section  one  hereof,  upon  the  same  or  any  part  or  portion  thereof,  and 
may  exclude  therefrom  any  of  such  work  already  done.  [Amendment 
approved  May  2fi,  1917j  Stats.  1917,  p.  972.] 

§  3.  Ordinance  posted  and  published.  Publication  of  notice.  Notice 
mailed  property  owner.  Form  of  notice.  "Unknown  owners."  Clerk's 
affidavit.  Said  ordinance  or  resolution  of  intention  shall  be  conspicu- 
ously posted  for  two  days  on  or  near  the  chamber  door  of  said  legislative 
body  and  published  by  two  irsertions  in  a  daily  or  weekly  newspaper 
published  and  circulated  in  said  city,  and  designated  by  said  legislative 
body  for  the  purpose.  If  no  such  newspaper  be  so  published  and  cir- 
culated in  said  city,  such  posting  of  said  ordinance  or  resolution  of  in- 
tention shall  be  sufficient.  The  superintendent  of  streets  shall  thereupon 
cause  to  be  conspicuously  posted  along  all  streets  and  pa^'ts  of  streets 
or  other  public  places  or  rights  of  way,  or  along  any  land  of  the  city 
or  land  in,  on,  under  or  over  which  the  city  has  an  easement  or  right  of 
way  where  any  work  is  to  be  done  or  improvement  made,  or  in,  on,  under 
or  over  which  any  tunnel,  subway,  viaduct,  bridge  or  independent  sub- 
terranean way  is  to  be  constructed,  at  not  more  than  three  hundred  feet 
apart,  notices  (not  less  than  three  in  all)  of  the  passage  of  such  ordinance 
or  resolution.  Said  notices  shall  be  headed  "Notice  of  street  work"  in 
letters  not  less  than  one  inch  in  length,  shall  be  in  legible  characters,  and 
shall  state  the  fact  and  date  of  the  passage  of  said  ordinance  or  resolu- 
tion of  intention,  and  the  time  and  place  fixed  for  the  hearing  of  protests, 
and  notify  all  persons  interested  to  appear  at  said  time  and  place  with 
their  objections  to  said  improvement,  if  any  they  have,  and  briefly  de- 
scribe the  proposed  improvement  in  general  terms,  and  refer  to  the  ordi- 
nance or  resolution  of  intention  for  further  particulars.  He  shall  also 
cause  a  notice  of  similar  substance  to  be  published  by  two  insertions  in 
a  daily  newspaper  published  and  circulated  in  said  city,  or,  if  there  be 
no  such  daily  newspaper,  then  by  two  successive  insertions  in  a  weekly 
or  semi-weekly  newspaper  so  published  and  circulated.  If  no  such  news- 
paper be  so  published  and  circulated  in  said  city  such  notice  shall  also  be 
posted  on  or  near  the  chamber  door  of  the  legislative  body  of  said  city, 
and  in  two  other  public  places  in  said  city.  Such  posting  and  publication 
shall  be  completed  at  least  ten  days  before  the  day  set  for  the  hearing 
of  protests.  The  city  clerk  shall  immediately  upon  the  passage  of  said 
ordinance  or  resolution  of  intention  mail,  postage  prepaid,  to  each  prop- 
erty owner  in  the  district  to  be  assessed  to  pay  the  costs  and  expenses  of 
the  improvement,  at  his  last  known  address  as  the  same  appears  on  tha 
tax-l'olls  of  said  city,  or,  w^hore  no  address  so  appears,  to  the  general 
delivery,  a  postal  card,  containing  a  notice,  which  shall  be  substantially 
in  the  following  form  (filling  blanks): 
81 


Act  3937c,  §§  5, 46  general  laws.  1282 

You  are  hereby  notified  that  on  the day  of ,  19 — ,  the  legisla- 
tive body  of  the  city  of — — ,  California,  by  virtue  of  the  street  improve- 
ment act  of  1913,  passed  an  ordinance  (resolution)  of  intention  numbered 

,  for  the  improvement  of  street  between  and  street. 

The  time  for  filing  protests  will  expire  on  the  day  of ,  19 — , 

and  protests  will  be  heard  on  the  - — —  day  of  ,  19 — ,  at  the  hour  of 

in  the  council  chamber  of  said  city. 

Property  belonging  to  you  is  within  the  assessment  district  for  said 
improvement,  and  will  be  assessed  therefor.  For  further  information 
you  are  referred  to  said  ordinance,  and  to  the  maps,  profiles,  plans  and 
specifications  on  file  in  the  office  of  the  city  engineer  (or  city  clerk). 

City  Clerk. 

If  any  lots  or  parcels  of  laud  in  the  assessment  district  be  assessed 
to  "unknown  owners"  on  the  tax-rolls  of  said  city,  no  such  postal  cards 
need  be  mailed  to  the  owners  thereof. 

The  city  clerk  shall,  upon  the  completion  of  the  mailing  of  said  postal 
cards,  file  in  the  office  of  the  superintendent  of  streets  an  affidavit  setting 
forth  the  time  and  manner  of  his  compliance  with  this  requirement;  pro- 
vided, that  the  failure  of  the  city  clerk  to  mail  said  cards,  or  the  failure 
of  the  property  owners,  or  any  of  them,  to  receive  the  same,  or  the 
failure  of  the  superintendent  of  streets  to  post  the  said  notices  of  street 
work,  or  to  post  proper  notices  thereof,  shall  in  no  wise  affect  the  valid- 
ity of  the  proceedings  or  prevent  the  legislative  body  from  acquiring 
jurisdiction  to  order  the  said  improvement;  provided,  however,  that  the 
city  council  may  require  affidavits  to  be  filed  showing  the  posting  and 
mailing  of  said  notices  before  it  adopts  the  ordinance  or  resolution 
ordering  the  improvement.  [Amendment  approved  Maj^  2(3,  1917;  Stats. 
1917,  p.  973.] 

§  5.  Jurisdiction  to  order  improvements.  If  no  protests  are  filed  at  or 
before  the  time  fixed  for  the  hearing  thereof  by  the  ordinance  or  reso- 
lution of  intention,  or  if  protests  are  filed,  and  after  hearing  are  denied, 
as  a"bove  provided,  the  legislative  body  shall  have  jurisdiction  to  order 
the  establishment,  change  or  modification  of  grade  or  other  improve- 
ment described  in  the  ordinance  or  resolution  of  intention.  Having 
acquired  such  jurisdiction,  it  shall  by  ordinance  or  resolution  order  the 
establishment,  change  or  modification  of  grade  or  such  other  improve- 
ment to  be  made,  and  refer  the  same  to  the  commission  hereinafter  pro- 
vided for,  to  estimate  the  damages  caused  thereby,  and  report  an  assess- 
ment of  said  damages,  and  of  all  costs  and  ex-penses  of  the  improvement, 
on  the  property  benefited  thereby.  [Amendment  approved  May  26,  1917; 
Stats.  1917,  p.  975.] 

§  46.  Definitions,  The  following  words  and  phrases  shall,  where  used 
in  this  act,  have  the  following  meaning: 

1.  "Improvement."  The  term  "improvement"  includes  all  work,  con- 
struction, reconstruction  and  improvements  mentioned  in  section  one  of 
this  act. 

2.  "City."  The  term  "city"  includes  every  incorporated  city,  city  and 
county,  or  other  corporation  organized  for  municipal  purposes. 


1283  SURVEYOR-GENERAL.  x\.Ct  3988,  §§  1,  2 

;'..  "City  treasurer."  The  tonn  "city  treasurer"  includes  any  officer  who 
has  charge  and  makes  payment  oi'  the  city  funds. 

4.  "Superintendent  of  streets."  The  term  "superintendent  of  streets" 
includes  any  officer  or  board  whose  duty  it  is  by  law  to  have  the  care  or 
charge  of  streets  or  the  improvement  thereof  in  any  city.  In  any  city 
where  there  is  no  superintendent  of  streets,  or  such  board,  the  legislative 
body  is  hereby  authorized  to  designate  some  other  officer  of  the  city,  or 
other  person,  to  perform  the  duties  imposed  by  this  act  on  the  superin- 
tendent of  streets,  and  all  of  the  provisions  hereof  applicable  to  the 
sui)erinlendeut  of  streets  shall  apply  to  the  officer  so  designated. 

5.  "Owner."  The  term  "owner"  or  the  term  "any  person  interested" 
is  deemed  to  be  the  person  owning  the  fee,  or  the  person  in  whom  on 
the  day  any  protest  is  filed,  the  legal  title  to  real  property  appears  by 
deeds  duly  recorded  in  the  county  recorder's  office  of  the  county  in  which 
said  city  is  situate;  or  any  person  in  possession  of  real  property  as  the 
executor,  administrator,  trustee  under  an  express  trust,  guardian  or  other 
legal  representative  of  the  owner,  or  any  person  in  possession  of  real 
property  under  written  contract  of  purchase,  duly  recorded. 

§  6.  "Incidental  expenses."  The  term  "incidental  expenses"  shall  be 
held  to  mean  and  include  all  the  necessary  expenses  and  disbursements 
of  the  commission,  the  cost  of  making  the  assessment,  and  all  expenses 
necessarily  incurred  by  the  city  in  connection  with  the  proposed  improve- 
ment for  maps,  diagrams,  plans,  surveys,  the  mailing  of  any  notices,  and 
other  matters  incident  thereto. 

7.  "Delinquency."  The  term  "delinquency"  as  herein  used  shall  mean 
delinquency  in  the  payment  of  an  assessment  made  under  the  provisions 
of  this  act,  and  the  expression  "time  of  delinquency"  shall  mean  the  time 
in  this  act  fixed  when  assessments  become  delinquent.  [Amendment  ap- 
proved May  26,  1917;  Stats.  1917,  p.  975.] 

TITLE  556. 

SUEVEYOR-GENEEAL. 
ACT  3988. 

An   act  providing  for  the  regulation  of  land  titles,  and  giving  the  sur- 
veyor-general certain  powers  in  respect  thereto. 

[Approved   June   1,   1917.     Stats.   1917,  p.   1668.] 

§  1.  Surveyor-general  to  investigate  land  titles.  The  surveyor-general, 
or  a  deputy  of  his  department,  may  not  more  often  than  once  in  two 
years,  visit  the  various  counties  of  the  state  and  inspect  and  investigate 
eonditions  in  respect  to  land  titles.  He  shall  annually  report  to  the 
governor  and  shall,  prior  to  each  regular  session,  report  to  thfe  legis- 
lature, making  such  recommendations  as  he  shall  deem  proper  and  neces- 
sary. He  is  hereby  authorized  to  consult  with  and  to  advise  county 
registrars  of  land  titles  and  to  make  such  suggestions  and  recommenda- 
tions to  the  county  registrars  of  land  titles  as  he  may  deem  desirable. 

§  2.  Uniform  blank  forms.  The  surveyor-general  or  deputy  may  pre- 
pare and  recommend  for  the  use  of  the  county  registrars  of  land  titles 


Acts  4035b,  4035c,  §  1       general  laws.  1284 

and  applicants  for  registration  of  land  titles  and  of  the  courts  hearing 
such  applications,  uniform  blank  forms  to  be  used  throughout  the  state. 

.   TITLE  563. 

TAXATION. 
ACT  4035b. 

An  act  to  establish  a  tax  on  gifts,  legacies,  inheritances,  bequests, 
devises,  successions  and  transfers,  to  provide  for  its  collection  and 
to  direct  the  disposition  of  its  proceeds;  to  provide  for  the  en- 
forcement of  liens  created  by  this  act  and  by  any  act  hereby  re- 
l^ealed  and  for*  suits  to  quiet  title  against  claims  of  liens  arising 
hereunder  or  under  an  act  hereby  repealed,  to  be  known  as  the 
"Inheritance  Tax  Act";  to  repeal  an  act  entitled  "An  act  to  estab- 
lish a  tax  on  gifts,  legacies,  inheritances,  bequests,  devises,  succes- 
sions and  transfers,  to  provide  for  its  collection,  and  to  direct  the 
disposition  of  its  proceeds;  to  provide  for  the  enforcement  of  liens 
created  by  this  act  and  for  suits  to  quiet  title  against  claims  of 
liens,  arising  hereunder;  to  repeal  an  act  entitled  'An  act  to  es- 
tablish a  tax  on  gifts,  legacies,  inheritances,  bequests,  devises,  suc- 
cessions and  transfers;  to  provide  for  its  collection,  and  to  direct 
the  disposition  of  its  proceeds;  to  provide  for  the  enforcement  of 
liens  created  by  this  act  and  for  suits  to  quiet  title  against  claims 
of  liens  arising  hereunder';  to  repeal  an  act  entitled  'An  act  to 
establish  a  tax  on  collateral  inheritances,  bequests,  and  devises,  to 
provide  for  the  collection  and  to  direct  the  disposition  of  its  pro- 
ceeds,' approved  March  23,  1893,  and  all  amendments  thereto,  and 
to  repeal  all  acts  and  parts  of  acts  in  conflict  with  this  act,  approved 
March  20,  1905,  and  all  amendments  thereto,  and  all  acts  and  parts 
of  acts  in  conflict  with  this  act,"  approved  April  7,  1911.  [Approved 
June  16,  1913.  Stats.  1913,  p.  1066.] 
Amended  1915,  pp.  418,  435. 
Eepealed  May  23,   1917;   Stats.  1917,  p.   880.     See  next  act. 

ACT  4035c. 

An  act  to  establish  a  tax  on  gifts,  legacies,  inheritances,  bequests,  de- 
vis'es,  successions  and  transfers,  to  provide  for  its  collection  and  to 
direct  the  disposition  of  its  proceeds;  to  provide  for  the  enforcement 
of  liens  created  by  this  act  and  by  any  act  hereby  repealed  and 
for  suits  to  quiet  title  against  claims  of  liens  arising  hereunder,  or 
under  an  act  hereby  repealed,  to  be  known  as  the  "inheritance  tax 
act";  and  to  repeal  chapter  live  hundred  ninety-five  of  the  laws  of 
the  session  of  the  legislature  of  California  of  1913,  approved  June 
16,' 1913,  known  as  the  "inheritance  tax  act,"  and  all  amendments 
thereto,  and  to  repeal  all  acts  and  parts  of  acts  in  conflict  with  this 
act. 

[Approved  May  23,   1iJ17.     Sliits.  1917,  p.  SSO.     In  effect  July  27,  1917.] 

§1.     Title.      (I)    Tliis  ;i<-f   sh;ill   be  known  as  tlie  "inlieritanee  tax  act." 

(2)  "Estate"   and  "property."     Wife's    share  of    community  property 

exempted.     Tlic   words  "estate"  and   "iir()]ier1y"  as  used  in  tliis  act  shall 


1285  TAXATION.  Act  4035c,  §  2 

be  taken  to  mean  the  real  and  personal  property  or  interest  therein  of 
the  testator,  intestate,  grantor,  bargainor,  vendor,  or  donor  passing  or 
transferred  to  individual  legatees,  devisees,  heir,  next  of  kin,  grantees, 
donees,  vendees,  or  successors,  and  shall  include  all  personal  property 
within  or  without  the  state;  provided,  that  for  the  purpose  of  this  act 
the  one-half  of  the  community  property  which  goes  to  the  surviving  wife 
on  the  death  of  the  husband,  under  the  provisions  of  section  one  thousand 
four  hundred  two  of  the  Civil  Code,  shall  not  be  deemed  to  pass  to  her 
as  heir  to  her  husband,  but  shall,  for  the  purpose  of  this  act,  be  deemed 
to  go,  pass,  or  be  transferred  to  her  for  valuable  and  adequate  consid- 
eration and  her  said  one-half  of  the  community  shall  not  be  subject 
to  the  provisions  of  this  act;  provided,  further,  that  in  case  of  a  trans- 
fer of  community  property  from  the  husband  to  the  wife,  within  the 
meaning  of  subdivisions  (3)  or  (5)  of  section  two  of  this  act,  one-half 
of  the  commuuity  property  so  transferred  shall  not  be  subject  to  the 
provisions  of  this  act;  and  provided,  further,  that  the  presumption  that 
l)roperty  acquired  by  either  husband  or  wife  after  marriage  is  com- 
munity property,  shall  not  obtain  for  the  purpose  of  this  act  as  against 
any  claim  by  the  state  for  the  tax  hereby  imposed;  but  the  burden  of 
proving  such  property  to  be  community  property  shall  rest  upon  the 
person  claiming  the  same  to  be  community  property. 

(3)  "Transfer."  The  word  "transfer"  as  used  in  this  act  shall  be 
taken  to  include  the  passing  of  property  or  any  interest  therein,  in  pos- 
session or  enjoyment,  present  or  future,  by  inheritance,  descent,  devise, 
succession,  bequest,  grant,  deed,  bargin,  sale,  gift,  or  appointment  in  the 
manner  herein  described. 

(4)  "Decedent."  The  word  "decedent"  as  used  in  this  act  shall  in- 
clude the  testator,  intestate,  grantor,  bargainor,  vendor,  or  donor. 

(5)  "County  treasurer"  and  "inheritance  tax  appraiser."  The  words 
"county  treasurer"  and  "inheritance  tax  appraiser,"  as  used  in  this  act, 
shall  be  taken  to  mean  the  treasurer  or  the  inheritance  tax  appraiser 
of  the  county  of  the  superior  court  having  jurisdiction  as  provided  in 
section  fifteen  of  this  act. 

§•  2.  Tax  on  transfer  of  property,  when.  A  tax  shall  be  and  is  hereby 
imposed  upon  the  transfer  of  any  property,  real,  personal,  or  mixed,  or 
of  any  interest  therein  or  income  therefrom  in  trust  or  otherwise,  to 
persons,  institutions  or  corporations,  not  hereinafter  exempted,  to  be 
paid  to  the  treasurer  of  the  proper  county,  as  hereinafter  directed,  for 
the  use  of  the  state,  said  taxes  to  be  upon  the  market  value  of  such 
property  at  the  rates  hereinafter  prescribed  and  only  upon  the  excess 
over  the  exemptions  hereinafter  granted,  in  the  following  eases: 

(1)  When  the  transfer  is  by  will  or  by  the  intestate  or  homestead 
laws  of  this  state,  from  any  person  dying  seized  or  possessed  of  the 
property  while  a  resident  of  the  state,  or  by  any  order  of  court  setting 
apart  property  pursuant  to  article  one,  chapter  five,  title  eleven,  part 
three  of  the  Code  of  Civil  Procedure. 

(2)  Tax  on  transfer  of  property,  when.  W'lieu  the  transfer  is  by  will 
or  intestate  laws  of  property  within  this  state  and  the  decedent  was  a 
nonresident   of  the   state  at  the  time  of  his  death,  or  by  any  order  of 


Act  4035c,  §  2  GENERAL   LAWS.  1286  ' 

court  setting  apart  property  pursuant  to  article  one,   chapter  five,  title 
eleven,  part  three  of  the  Code  of  Civil  Procedure. 

(3)  When  the  transfer  is  of  property  made  by  a  resident,  or  by  a 
nonresident  when  such  nonresident's  property  is  within  this  state,  by 
deed,  grant,  bargain,  sale,  assignment  or  gift,  made  without  valuable 
and  adequate  consideration  (i.  e.,  a  consideration  equal  in  money  or  in 
money's  worth  to  the  full  value  of  the  property  transferred) : 

(a)  Transfer  in  contemplation  of  death.  In  contemplation  of  the 
death  of  the  grantor,  vendor,  assignor  or  donor,  or, 

(b)  Intended  to  take  effect  in  possession  or  enjoyment  at  or  after 
such  death. 

When  such  person,  institution  or  corporation  becomes  beneficially  enti- 
tled in  possession  or  expectancy  to  any  property  or  the  income  there- 
from, by  any  such  transfer,  whether  made  before  or  after  the  passage 
of  this  act. 

(i)  The  words  "contemplation  of  death,"  as  used  in  this  act,  shall 
be  taken  to  include  that  expectancy  of  death  which  actuates  the  mind 
of  a  person  on  the  execution  of  his  will,  and  in  nowise  shall  said  words 
be  limited  and  restricted  to  that  expectancy  of  death  which  actuates  the 
mind  of  a  person  making  a  gift  causa  mortis;  and  it  is  hereby  declared 
to  be  the  intent  and  purpose  of  this  act  to  tax  any  and  all  transfers 
which  are  made  in  lieu  of  or  to  avoid  the  passing  of  property  transferred 
by  testate  or  intestate  laws. 

(5)  Property  held  in  joint  names.  Whenever  property,  real  or  per- 
sonal, is  held  in  the  joint  names  of  two  or  more  persons,  or  is  deposited 
in  banks  or  other  institutions  or  depositaries  in  the  joint  names  of  two 
or  more  persons  and  payable  to  either  or  the  survivor,  upon  the  death 
of  one  of  such  persons,  the  right  of  the  surviving  joint  tenant  or  joint 
tenants,  person  or  persons  to  the  immediate  ownership  or  possession  and 
enjoyment  of  such  property  shall  be  deemed  a  transfer  taxable  under 
the  provisions  of  this  act  in  the  same  manner  as  though  the  whole  prop- 
erty to  which  such  transfer  relates  belonged  absolutely  to  the  decease^l 
joint  tenant  or  joint  depositor  and  had  been  devised  or  bequeathed  to 
the  surviving  joint  tenant  or  joint  tenants,  person  or  persons,  by  such 
deceased  joint  tenant  or  joint  depositor  by  will,  excepting  therefrom 
such  part  thereof  as  raaj'  be  proved  by  the  surviving  joint  tenant  or 
joint  tenants  to  have  originally  belonged  to  him  or  them  and  never  to 
have  belonged  to  the  decedent. 

(6)  Appointment  deemed  transfer.  Whenever  any  person,  trustee  or 
corporation  shall  exercise  a  power  of  appointment  derived  from  any 
disposition  of  property  made  either  before  or  after  the  passage  of  this 
act,  such  appointment,  when  made,  shall  be  deemed  a  transfer  taxable 
under  the  provisions  of  this  act,  in  the  same  manner  as  though  the  prop- 
erty to  which  such  appointment  relates  belonged  absolutely  to  the  donee 
of  such  power,  and  had  been  bequeathed  or  devised  by  such  donee  by 
will;  and  whenever  any  person,  trustee  or  corporation  possessing  such 
power  of  appointment  so  derived  shall  omit  or  fail  to  exercise  the  same 
within  the  time  provided  therefor,  in  whole  or  in  part,  a  transfer  tax- 
able under  the  provisions  of  this  act  shall  be  deemed  to  take  place 
to  the  extent  of  such  omission  or  failure,  ia  the  same  manner  as  though 


l^S'^  .  TA.\ATION.  Act  4035c,  §  3 

the  persons,  trustees  or  corporations  thereby  becoming  entitled  to  the 
possession  or  enjoyment  of  the  property  to  which  such  power  related 
had  succeeded  thereto  by  a  will  of  the  donee  of  the  power  failing  to 
exercise  such  power,  taking  effect  at  the  time  of  such  omission  or  failure. 

(7)  Bequest  exceeding  reasonable  compensation.  Whenever'  a  dece- 
dent ajjpoints  or  names  one  or  more  executors  or  trustees,  and  makes  a 
bequest  or  devise  of  property  to  them  in  lieu  of  commissions  or  allow- 
ances, which  otherwise  would  be  liable  to  said  tax,  or  appoints  them 
his  residuary  legatees,  and  said  bequest,  devise,  or  residuary  legacies 
exceeds  what  would  be  a  reasonable  compensation  for  their  services, 
such  excess  over  and  above  the  exemptions  herein  provided  for  shall  be 
liable  to  said  tax;  and  the  superior  court  in  which  the  probate  proceed- 
ings are   pending  shall  fix  the   compensation. 

(8)  Property  transferred  subject  to  charge  determined  by  death  of 
person.  Where  any  property  shall,  after  the  passage  of  this  act,  be 
transferred  subject  to  any  charge,  estate  or  interest,  determinable  by 
the  death  of  any  person,  or  at  any  period  ascertainable  only  by  refer- 
ence to  death,  the  increase  accruing  to  any  person  or  corporation  upon 
the  extinction  or  determination  of  such  charge,  estate  or  interest,  shall 
be  deemed  a  transfer  of  property  taxable  under  the  provisions  of  this 
act  in  the  same  manner  as  though  the  person  or  corporation  beneficially 
entitled  thereto  had  then  acquired  such  increase  from  the  person  from 
whom  the  title  to  their  respective  estates  or  interests  is  derived. 

(9)  Aggregate  value  of  more  than  one  transfer.  When  more  than 
one  transfer  within  the  meaning  of  anj'  of  the  preceding  subdivisions  of 
this  section  has  been  made,  either  before  or  after  the  passage  of  this 
act,  by  a  decedent  to  one  person,  the  tax  shall  be  imposed  upon  the 
aggregate  market  value  of  all  of  the  property  so  transferred  to  such 
person  in  the  same  manner  and  to  the  same  extent  as  if  all  of  the  prop- 
erty so  transferred  were  actually  transferred  by  one  transfer. 

(10)  No  deductions  of  United  States  tax.  In  determining  the  mar- 
ket value  of  the  property  transferred,  no  deduction  shall  be  made  for 
any  inheritance  tax  or  estate  tax  paid  to  the  government  of  the  United 
States. 

§3.  Lien.  Suit  within  five  years.  Such  taxes  shall  be  and  remain 
a  lien  upon  the  property  passed  or  transferred  until  paid;  provided,  that 
said  lien  f*all  be  limited  to  the  property  chargeable  therewith,  and 
the  person  to  whom  the  property  passes  or  is  transferred,  and  all  admin- 
istrators, executors  and  trustees  of  every  estate  so  transferred  or  passed, 
shall  be  liable  for  any  and  all  such  taxes  until  the  same  shall  have  been 
paid  as  hereinafter  directed.  The  provisions  of  the  Code  of  Civil  Pro- 
cedure relative  to  the  limitation  of  time  of  enforcing  a  civil  remedy 
shall  not  apply  to  any  proceeding  or  action  taken  to  levy,  appraise, 
assess,  determine,  or  enforce  the  collection  of  any  tax  or  penalty  pre- 
scribed by  this  article,  and  this  section  shall  be  construed  as  having 
been  in  effect  as  of  date  of  the  original  enactment  of  the  inheritance 
tax  law;  provided,  that  unless  sued  for  within  five  years  after  they  are 
due   and  legally   demandable,   such   taxes,   or   any   taxes   accruing   under 


Act4()35e,  §§  4, 5  general  laws.  1288 

any  act  herein  repealed,  shall  cease  to  be  a  lien  as  against  any  bona 
fide  purchaser  of  said  propert}-;  and,  provided,  that  no  such  lien  shall 
cease  within  two  years  from  the  date  of  the  passage  of  this  act. 

§  4,  Tax  when  property  value  not  over  twenty-five  thousand  dollars. 
When  the  property  or  any  beneficial  interest  therein  so  passed  or  trans- 
ferred exceeds  in  value  the  exemption  hereinafter  specified  and  shall  not 
exceed  in  value  twenty-five  thousand  dollars,  the  tax  hereby  imposed 
shall  be: 

(1)  Where  the  person  or  persons  entitled  to  any  beneficial  interest  in 
such  property  shall  be  the  husband,  wife,  lineal  ancestor,  lineal  issue 
of  the  decedent  or  any  child  adopted  as  such  in  conformity  with  the 
laws  of  this  state,  or  any  child  to  whom  such  decedent  for  not  less  than 
ten  years  prior  to  such  transfer  stood  in  the  mutually  acknowledged 
relation  of  a  parent  (provided,  however,  such  relationship  began  at  or 
before  the  child's  fifteenth  birthday,  and  was  continuous  for  said  ten 
years  thereafter),  or  any  lineal  issue  of  such  adopted  or  mutually 
acknowledged  child,  at  the  rate  of  one  per  centum  of  the  clear  value 
of  such  interest  in  such  property. 

(2)  Where  the  person  or  persons  entitled  to  any  beneficial  interest 
in  such  property  shall  be  the  brother  or  sister  or  a  descendent  of  a 
brother  or  sister  of  a  decedent,  a  wife  or  widow  of  a  son,  or  the  hus- 
band of  a  daughter  of  the  decedent  at  the  rate  of  three  per  centum 
of  the  clear  value  of  such  interest  in  such  property. 

(3)  Where  the  person  or  persons  entitled  to  any  beneficial  interest 
in  such  property  shall  be  the  brother  or  sister  of  the  father  or  mother, 
or  a  descendant  of  a  brother  or  sister  of  the  father  or  mother  of  the 
decedent,  at  the  rate  of  four  per  centum  of  the  clear  value  of  such 
interest  in  such  property. 

(4)  W^here  the  person  or  persons  entitled  to  any  beneficial  interest 
in  such  property  shall  be  in  any  other  degree  of  collateral  consanguinity 
than  is  hereinbefore  stated  or  shall  be  a  stranger  in  blood  to  the  dece- 
dent, or  shall  be  a  body  politic  or  corporate,  at  the  rate  of  five  per 
centum  of  the  clear  value  of  such  interest  in  such  property. 

§  5.  Tax  when  property  value  exceeds  twenty-five  thousand  dollars. 
(1)  When  the  market  value  of  sui-h  property  or  interest  passed  or  trans- 
ferred to  any  of  the  persons  mentioned  in  subdivision  one  of  section 
four  exceeds  twenty-five  thousand  dollars,  the  rates  of  tax  upon  such 
excess  shall  be  as  follows: 

(a)  Upon  all  in  excess  of  twenty-five  thousand  dollars  and  up  to  fifty 
thousand  dollars,  two  per  centum  of  such   excess. 

(b)  Upon  all  in  excess  of  fifty  thousand  dollars  and  up  to  one  hun- 
dred  thousand   dollars,   four   per  centum   of  such   excess. 

{(■)  ITpon  all  in  excess  of  one  hundred  tliousand  dollars  and  up  to  two 
hundred   thousand  dollars,  seven  per  centum  of  such   excess. 

(d)  Upon  all  in  excess  of  two  liuiidn'i!  tlimisand  dollars  and  up  to  five 
liiindred   tlioiisaiid   dollars,  ten   jici'   (ciiluiii   uf  such   excess. 

(e)  T'jion  all  in  excess  of  five  hundred  tliousand  dollars  and  up  to  one 
million  dollars,  twelve  per  centum  of  such  excess. 


1289  TAXATION.  Act  4035c,  §  6 

(f)  Upon  all  in  oxeess  of  one  million  dollars,  fifteen  per  centum  of 
such  excess. 

(2)  When  the  market  value  of  such  property  or  interest  passed  or 
transferred  to  any  of  the  persons  mentioned  in  subdivision  two  of  sec- 
tion four  exceeds  twenty-five  thousand  dollars,  the  rates  of  tax  upon  such 
excess  shall  be  as  follows: 

(a)  Upon  all  in  excess  of  twenty-five  thousand  dollars  and  u])  to  fifty 
thousand  dollars,  six  per  centum  of  such  excess. 

(b)  Upon  all  in  excess  of  fifty  thousand  dollars  and  up  to  one  hun-_ 
dred  thousand  dollars,  nine  per  centum  of  such  excess. 

(e)  Upon  all  in  excess  of  one  hundred  thousand  dollars  and  up  to 
two    hundred   thousand   dollars,   twelve   per   centum   of   such   excess. 

(d)  Upon  all  in  excess  of  two  hundred  thousand  dollars  and  up  to 
five  hundred  thousand  dollars,  fifteen  per  centum  of  such  excess. 

(e)  Upon  all  in  excess  of  five  hundred  thousand  dollars  and  up  to 
one  million  dollars,  twenty  per  centum  of  such  excess. 

(f)  Upon  all  in  excess  of  one  million  dollars,  twenty-five  per  centum 
of  such  excess. 

(3)  When  the  market  value  of  such  property  or  interest  passed  or 
transferred  to  any  of  the  persons  mentioned  in  subdivision  three  of 
section  four  exceeds  twenty-five  thousand  dollars,  the  rates  of  tax  upon 
such  excess  shall  be  as  follows: 

(a)  Upon  all  in  excess  of  twenty-five  thousand  dollars  and  up  to  fifty 
thousand  dollars,  eight  per  centum  of  such  excess. 

(b)  Upon  all  in  excess  of  fifty  thousand  dollars  and  up  to  one  hun- 
dred thousand  dollars,  ten  per  centum  of  such  excess. 

(e)  Upon  all  in  excess  of  one  hundred  thousand  dollars  and  up  to 
two  hundred  thousand  dollars,  fifteen  per  centum  of  such  excess. 

(d)  Upon  all  in  excess  of  two  hundred  thousand  dollars  and  up  to 
five  hundred  thousand  dollars,  twenty  per  centum  of  such  excess. 

(e)  Upon  all  in  excess  of  five  hundred  thousand  dollars  and  up  to 
one  million  dollars,  twenty-five  per  centum  of  such  excess. 

(f)  Upon  all  in  excess  of  ono  million  dollars,  thirty  per  centum  of 
such  excess. 

(4)  When  the  market  value  of  such  property  or  interest  passed  or 
transferred  to  any  of  the  persons  mentioned  in  subdivision  four  of 
section  four  exceeds  twenty-five  thousand  dollars,  the  rates  of  tax  upon 
such  excess  shall  be  as  follows: 

(a)  Upon  all  in  excess  of  twenty-five  thousand  dollars  and  up  to  fifty 
thousand  dollars,  ten  per  centum  of  such  excess. 

(b)  Upon  all  in  excess  of  fifty  thousand  dollars  and  up  to  one  hun- 
dred thousand  dollars,  fifteen  per  centum  of  such  excess. 

(c)  Upon  all  in  excess  of  one  hundred  thousand  dollars  and  up  to 
two  hundred  thousand  dollars,  twenty  per  centum  of  such  excess. 

(d)  Upon  all  in  excess  of  two  hundred  thousand  dollars  and  up  to 
five  hundred  thousand  dollars,  twenty-five  per  centum  of  such  excess. 

(e)  Upon  all  in  excess  of  five  hundred  thousand  dollars,  thirty  per 
centum  of  such  excess: 

§6.  Exemptions  allowed.  The  following  exemptions  from  the  tax 
are  hereby  allowed: 


Act  4035c,  §  7  GENERAL   LAWS.  1290 

(1)  All  property  transferred  to  societies,  corporations,  and  institu- 
tions now  or  hereafter  exempted  by  law  from  taxation,  or  to  any  public 
corpbration,  or  to  any  society,  corporation,  institution,  or  association 
of  persons  engaged  in  or  devoted  to  any  charitable,  benevolent,  educa- 
tional, public,  or  other  like  work  (pecuniary  profit  not  being  its  object 
or  purpose),  or  to  any  person,  society,  corporation,  institution,  or  asso- 
ciation of  persons  in  trust  for  or  to  be  devoted  to  any  charitable,  benevo- 
lent, education,  or  public  purpose,  by  reason  whereof  any  such  person 
or  corporation  shall  become  beneficially  entitled,  in  possession  or  ex- 
pectancy, to  any  such  property  or  to  the  income  thereof,  shall  be  exempt; 
provided,  however,  that  such  society,  corporation,  institution  or  asso- 
ciation be  organized  or  existing  under  the  laws  of  this  state  or  that 
the  property  transferred  be  limited  for  use  within  this  state. 

(2)  Property  of  the  clear  value  of  twenty-four  thousand  dollars,  trans- 
ferred to  the  widow  or  to  a  minor  child  of  the  decedent,  and  of  ten 
thousand  dollars  transferred  to  each  of  the  other  persons  described 
in  the  first  subdivision  of  section  four,  shall  be  exempt. 

(3)  Property  of  the  clear  value  of  two  thousand  dollars,  transferred 
to  each  of  the  persons  described  in  the  second  subdivision  of  section 
four,  shall  be  exempt. 

(4)  Property  of  the  clear  value  of  one  thousand  dollars,  transferred 
to  each  of  the  persons  described  in  the  third  subdivision  of  section  four, 
shall  be  exempt. 

(5)  Property  of  the  clear  value  of  five  hundred  dollars,  transferred 
to  each  of  the  persons  and  corporations  described  in  the  fourth  sub- 
division of  section  four,  shall  be  exempt. 

§7.  Time  of  payment.  Discount.  Bond.  (1)  All  taxes  imposed  by 
this  act,  unless  otherwise  herein  provided  for,  shall  be  due  and  payable 
at  the  death  of  the  decedent,  and  if  the  same  are  paid  within  eighteen 
months,  no  interest  shall  be  charged  and  collected  thereon,  but  if  not  so 
paid,  interest  at  the  rate  of  ten  per  centum  per  annum  shall  be  charged 
and  collected  from  the  time  said  tax  accrued;  provided,  that  if  said 
tax  is  paid  within  six  months  from  the  accruing  thereof  a  discount  of 
five  per  centum  shall  be  allowed  and  deducted  from  said  tax.  And  in 
all  cases  where  the  execulors,  administrators,  or  trustees  do  not  pay 
such  tax  within  eighteen  months  from  the  death  of  the  decedent,  they 
shall  be  required  to  give  a  bond  for  the  payment  of  said  tax,  together 
with    interest. 

(2)  If  estate  not  settled  within  eighteen  months.  The  penalty  of  ten 
per  cent  per  annum  imposed  by  subdivision  (1)  of  this  section  for  the 
nonpayment  of  said  tax,  shall  not  be  charged  in  cases  where,  in  the 
judgment  of  the  court,  by  reason  of  claims  made  upon  the  estate  neces- 
sary litigation,  or  other  unavoidable  cause  of  delay,  the  estate  of  any 
decedent,  or  a  part  thereof,  cannot  be  settled  at  the  end  of  eighteen 
months  from  tlic  death  of  the  decedent;  but  in  such  cases  seven  per 
cent  per  aniiiiiii  slmll  ln'  charged  upon  the  said  tax  from  the  expiration 
of  said  oighleeii  moiitlis  nntil  Iho  cnn.'-o  of  sufh  delay  is  removed,  after 
which    ten    per   cent   interest    per    .niinim    sliall    agiiiii    be    charged    until 


1291  TAXATION.  Act  4035c,  §  8 

the   tax  is  puid;   but  litigation   to   defeat  the  payment   of  the  tax   shall 
not  be  considered  necessary  litigation. 

§8.  Immediate  appraisement  and  payment.  (1)  When  any  grant, 
gift,  legacy,  devise  or  succession  upon  which  a  tax  is  imposed  by  section 
two  of  this  act  shall  be  an  estate,  income,  or  interest  for  a  term  of 
years,  or  for  life,  or  determinable  upon  any  future  or  contingent  event, 
or  shall  be  a  remainder,  reversion,  or  other  expectancy,  real  or  personal, 
the  entire  property  or  fund  by  which  such  estate,  income,  or  interest  is 
supported,  or  of  which  it  is  a  part,  shall  be  appraised  immediately  after 
the  death  of  the  decedent,  and  the  market  value  thereof  determined, 
in  the  manner  provided  in  section  sixteen  or  seventeen  of  this  act,  and 
the  tax  prescribed  by  this  act  shall  be  immediately  due  and  payable 
to  the  treasurer  of  the  proper  county,  and,  together  with  the  interest 
thereon,  shall  be  and  remain  a  lien  on  said  property  until  the  same  is 
paid. 

(2)  Encumbrances.  In  estimating  the  value  of  any  estate  or  interest 
in  property,  to  the  beneficial  enjoyment  or  possession  whereof  there  are 
persons  or  corporations  presently  entitled  thereto,  no  allowance  shall 
be  made  on  account  of  any  contingent  encumbrance  thereon,  nor  on 
account  of  any  contingency  upon  the  happening  of  which  the  estate  or 
property  or  some  part  thereof  or  interest  therein  might  be  abridged,  de- 
feated or  diminished;  provided,  however,  that  in  the  event  of  such 
encumbrance  taking  effect  as  an  actual  burden  upon  the  interest  of 
the  beneficiary,  or  in  the  event  of  the  abridgment,  defeat  or  diminution 
of  said  estate  or  property  or  interest  therein  as  aforesaid,  a  return 
shall  be  made  to  the  person  properly  entitled  thereto  of  a  proportionate 
amount  of  such  tax  on  accouiit  of  the  encumbrance  when  taking  effect, 
or  so  much  as  will  reduce  the  same  to  the  amount  which  would  have 
been  assessed  on  account  of  the  actual  duration  or  extent  of  the  estate 
or  interest  enjoyed.  Such  return  of  tax  shall  be  made  in  the  manner 
provided  by  section  eleven  hereof  upon  order  of  the  court  having  juris- 
diction. 

(3)  Property  transferred  in  trust.  Bond.  Return  of  property  filed. 
Recovery  on  bond  if  security  not  renewed.  When  property  is  trans- 
ferred in  trust  or  otherwise,  and  the  rights,  interest  or  estates  of  the 
transferees  are  dependent  upon  contingencies  or  conditions  whereby  they 
znay  be  wholly  or  in  part  created,  defeated,  extended,  or  abridged,  a 
tax  shall  be  imposed  upon  said  transfer  at  the  highest  rate  which,  on 
the  happening  of  any  of  the  said  contingencies  or  conditions,  would  be 
possible  under  the  provisions  of  this  act,  and  such  tax  so  imposed  shall 
be  due  and  payable  forthwith  by  the  executors  or  trustees  out  of  the 
property  transferred;  provided,  however,  that  on  the  happening  of  any 
contingency  whereby  the  said  property,  or  any  part  thereof,  is  trans- 
ferred to  a  person  or  corporation  exempt  from  taxation  under  the  pro- 
visions of  this  act,  or  to  any  person  taxable  at  a  rate  less  than  the  rate 
imposed  and  paid,  such  person  or  corporation  shall  be  entitled  to  a  return 
of  so  much  of  the  tax  imposed  and  paid  as  the  difference  between  the 
amount  paid  and  the  amount  which  said  person  or  corporation  should 
pay  under  the  provisions  of  this  act;  such  return  of  overpayment  shall 


Act  -10350,  §  8  GENERAL  LAWS.  1292 

be  made  in  the  inauner  provided  by  seetion  eleven  of  this  act,  upon 
order  of  the  court  having  jurisdiction;  provided,  that  the  person  or  per- 
sons or  body  politic  or  corporate  beneficially  interested  in  the  property 
chargeable  with  said  tax  or  the  trustees  thereof  may  elect  not  to  pay 
the  same  until  such  person  or  persons,  or  body  politic  or  corporate  bene- 
ficially interested  in  such  property  shall  come  into  the  actual  possession 
or  enjoyment  thereof,  and  in  that  case  such  person  or  persons  or  body 
politic  or  corporate  or  trustees  shall  execute  a- bond  to  the  people  of  the 
state  of  California  in  a  penalty  of  twice  the  amount  of  said  tax  with 
such  sureties  as  the  said  superior  court  may  approve,  conditioned  for  the 
payment  of  said  tax  and  interest  thereon  at  the  rate  of  seven  per  cent 
per  annum  commencing  at  the  expiration  of  eighteen  months  from  the 
death  of  the  decedent  at  such  time  or  period  as  they  or  their  represen- 
tatives may  come  into  the  actual  possession  or  enjoyment  of  such  prop- 
erty, and  conditioned  further,  that  if  said  bond  be  not  renewed  and 
the  returns  made  as  herein  provided,  the  amount  of  said  tax  and  interest 
thereon  shall  immediately  become  due  and  payable.  Said  bond  shall  be 
filed  in  the  office  of  the  county  clerk  of  the  proper  county  and  a  certifiod 
copy  thereof  shall  be  immediately  transmitted  to  the  state  controller; 
provided,  further,  that  such  person  or  persons  or  body  politic  or  cor- 
porate, or  trustees,  shall  enter  into  such  security  within  a  period  of 
ninety  days  after  the  entry  of  the  order  or  decree  fixing  the  inheritance 
tax  charged  against  such  transfer,  or  within  such  period  thereafter  as 
the  court  may  in  its  discretion  permit,  and  shall  make  a  full  and  veri- 
fied return  of  such  property  to  said  court  and  file  the  same  in  the  office 
of  the  county  clerk  within  one  year  from  the  date  of  such  order  or 
decree  fixing  tax,  and  at  such  times  thereafter  as  the  court  on  the 
application  of  the  state  controller  may  require,  and  renew  such  security 
every  five  years  after  the  date  of  the  approval  thereof.  Upon  the 
approval  of  said  bond  as  herein  provided,  said  tax  shall  cease  to  be  a 
lien  upon  the  property  so  transferred.  If  such  security  shall  not  be 
renewed  before  the  expiration  of  each  five-year  period,  said  bond  shall 
immediately  become  due  and  payable  and  if  the  same  be  not  paid  forth- 
with, the  attorney  general  shall  file  an  action  in  the  name  of  the  people 
of  the  state  on  the  relation  of  the  controller,  to  recover  the  same  and 
the  penalties  thereunder  and  no  demand  for  payment  shall  be  necessary 
before  tlie  institution  of  such  suit.  W'henever  it  shall  be  made  to  appear 
to  the  satisfaction  of  the  court  that  any  surety  on  such  bond  or  under- 
taking has  for  any  reason  become  insufficient,  the  court  may  on  motion 
of  the  state  controller,  after  such  notice  to  such  person  or  persons,  body 
jiolitic  or  corporate,  or  trustees  as  the  court  may  require,  order  the 
giving  of  a  new  unTlertaking  with  sufficient  sureties  in  lieu  of  such 
iiisufliclcnt  undertaking.  In  case  such  new  undertaking  so  required  shall 
not  be  given  witliin  llic  time  required  by  such  order,  or  in  case  the 
sureties  thereon  r.'iii  fo  justify  llicreon  wlien  required,  all  rights  obtained 
l)y  the  filing  of  sin'ii  original  nndcrtaldng,  or  subsequent  undertaking, 
shall  cease  and  11i<'  anicnint  of  s.'iid  tax  and  intcMost  llicreon  sliall  iiiiino- 
fliatoly  l)econH'   (bir  and   payaliie. 

CI)  Estates  in  expectancy.     Estates  in  expectancy   vvhicli  are  confin- 
gcnt  or  defeasible  and   in  vvliicli  jiroceedings  for  the  determination  of  the 


1293  TAXATION.  Act  4035c,  §  9 

tax  liavo  not  been  taken  or  where  the  taxation  thereof  has  been  held 
in  abeyance,  shall  be  appraised  at  their  full,  undiminished  value  when 
the  persons  entitled  thereto  shall  come  into  the  beneficial  enjoyment 
or  possession  thereof,  without  diminution  for  or  on  account  of  any  valu- 
ation theretofore  made  of  the  j)articu]ar  estates  for  purposes  of  taxation, 
upon  which  said  estates  in  expectancy  may  have  been  limited. 

(5)  Estate  that  can  be  divested  by  act  of  legatee  or  devisee.  Where 
an  estate  or  interest  can  be  divested  by  the  act  or  omission  of  the 
legatee  or  devisee  it  shall  be  taxed  as  if  there  were  no  possibility  of 
such  divesting. 

(6)  Future  or  contingent  estate.  Determination  of  value.  The  value 
of  every  future,  or  contingent  or  limited  estate,  income  or  interest, 
shall,  for  the  purposes  of  this  act  be  determined  by  the  rule,  methods 
and  standards  of  mortality  and  of  value  that  are  set  forth  in  the  actu- 
aries' combined  experience  tables  of  mortality  for  ascertaining  the  value 
of  policies  of  life  insurance  and  annuities  and  for  the  determination  of 
the  liabilities  of  life  insurance  companies,  save  that  the  rate  of  interest 
to  be  assessed  in  computing  the  present  value  of  all  future  interest 
and  contingencies  shall  be  five  (5)  per  cent  per  annum.  The  insurance 
commissioner  shall  without  a  fee  on  the  application  of  any  superior 
court  or  of  any  inheritance  tax  appraiser  determine  the  value  of  any 
future  or  contingent  estate,  income  or  interest  therein  limited,  con- 
tingent, dependent  or  determinable  upon  the  life  or  lives  of  persons 
in  being,  upon  the  facts  contained  in  any  such  appraiser's  application 
or  other  facts  to  him  submitted  by  said  appraiser  or  said  court  and 
certify  the  same  in  duplicate  to  such  court  or  appraiser,  and  his  cer- 
tificate thereof  shall  be  conclusive  evidence  that  the  method  of  com- 
putation therein  is  correct.  When  an  annuity  or  a  life  estate  is  termin- 
ated by  the  death  of  the  annuitant  or  life  tenant,  and  the  tax  upon 
such  interest  has  not  been  fixed  and  determined,  the  value  of  said 
interest  for  the  purpose  of  taxation  under  this  act  shall  be  the  amount 
of  the  annuity  or  income  actually  paid  or  payable  to  the  annuitant  or 
life  tenant  during  the  period  for  which  such  annuitant  or  life  tenant 
was  entitled  to  the  annuity  or  was  in  possession  of  the  life  estate. 

§9.  Collection  of  tax  by  administrator,  (1)  Any  administrator,  ex- 
ecutor, or  trustee  having  in  charge  or  trust  any  legacy  or  property  for 
distribution,  subject  to  the  said  tax,  shall  deduct  the  tax  therefrom, 
or  if  the  legacy  or  property  be  not  money  he  shall  collect  the  tax  thereon, 
upon  the  market  value  thereof,  from  the  legatee  or  person  entitled  to 
such  property,  and  he  shall  not  deliver,  or  be  compelled  to  deliver, 
any  specific  legacy  or  property  subject  to  tax  to  any  person  until  he 
shall  have  collected  the  tax  thereon;  and  whenever  any  such  legacy 
shall  be  charged  upon  or  payable  out  of  real  estate,  the  executor,  admin- 
istrator, or  trustee  shall  collect  said  tax  from  the  distributee  thereof, 
and  the  same  shall  remain  a  charge  on  such  real  estate  until  paid;  if, 
however,  such  legacy  be  given  in  money  to  any  person  for  a  limited 
period,  the  executor,  administrator,  or  trustee  shall  retain  the  tax  upon 
the  whole  amount;  but  if  it  be  not  in  money  he  shall  make  af^plication 
to  the  superior  court  to  make  an  apportionment,  if  the   case  require  it. 


Act  4035c,  §§  10,  11  GENERAL   LAWS.  1294 

of   the   sum   to   be  paid   iuto   his   hands   by   such   legatees,   and   for   such 
further  order  relative  thereto  as  the  case  may  require. 

(2)  Sale  of  property  to  pay  tax.  All  executors,  administrators,  and 
trustees  shall  have  full  power  to  sell  so  much  of  the  property  of  the 
decedent  as  will  enable  them  to  pay  said  tax,  in  the  same  manner  as 
they  may  be  enabled  by  law  to  do  for  the  payment  of  debts  of  the  estate, 
and  the  amount  of  said  tax  shall  be  paid  as  hereinafter  directed. 

(3)  Payment  within  thirty  days.  Every  sum  of  money  retained  by 
an  executor,  administrator,  or  trustee,  or  paid  into  his  hands,  for  any 
tax  on  property,  shall  be  paid  by  him,  within  thirty  days  thereafter, 
to  the  treasurer  of  the  county  in  which  the  probate  proceedings  are 
pending. 

§  10.  Treasurer's  receipt.  Upon  the  payment  to  any  county  treasurer 
of  any  tax  due  under  this  act,  such  treasurer  shall  issue  a  receipt  there- 
for, in  triplicate,  one  copy  of  which  he  shall  deliver  to  the  person  pay- 
ing said  tax,  and  the  original  and  one  copy  thereof  he  shall  immediately 
send  to  the  controller  of  state,  whose  duty  it  shall  be  to  charge  the 
treasurer  so  receiving  the  tax  with  the  amount  thereof,  and  said  con- 
troller shall  retain  one  of  said  receipts  and  the  other  he  shall  counter- 
sign and  seal  with  the  seal  of  his  office,  and  immediately  transmit  to  the 
clerk  of  the  court  fixing  such  tax.  And  an  executor,  administrator,  or 
trustee  shall  not  be  entitled  to  credits  in  his  accounts,  nor  be  discharged 
from  liability  for  such  tax,  nor  shall  said  estate  be  distributed,  unless 
a  receipt  so  sealed  and  countersigned  by  the  controller,  or  a  copy  thereof, 
certified  by  him,  shall  have  been  filed  with  the  court.  Any  person  shall, 
upon  payment  to  the  county  treasurer  of  the  sum  of  fifty  cents,  be  enti- 
tled to  a  duplicate,  or  copy,  of  any  receipt  that  may  have  been  given 
by  said  treasurer  for  the  payment  of  any  tax  under  this  act. 

§11.  Refund  of  tax.  (1)  If  any  debts  shall  be  proved  against  the 
estate  of  a  decedent  after  the  jjayment  of  any  legacy  or  distributive 
share  thereof,  from  which  any  such  tax  has  been  deducted  or  upon  which 
it  has  been  paid  by  the  person  entitled  to  such  legacy  or  distributive 
share,  and  such  person  is  required  by  order  of  the  superior  court  having 
jurisdiction,  on  notice  to  the  state  controller,  to  refund  the  amount  of 
such  debts  or  any  part  thereof,  an  equitable  proportion  of  the  tax  shall 
be  repaid  to  him  by  the  executor,  administrator  or  trustee,  if  the  tax 
has  not  been  paid  to  the  county  treasurer;  or  if  such  tax  has  been  paid 
to  such  county  treasurer,  such  officer  shall  refund  out  of  any  inheritance 
tax  moneys  in  his  hands  or  custody  such  equitable  proportion  of  the  tax, 
and  credit  himself  with  the  same  in  the  account  required  to  be  rendered 
by  him  under  this  act. 

(2)  Assessing  tax  on  amount  wrongfully  deducted.  Where  it  shall  be 
proved  to  the  .satisfaction  of  the  superior  court  that  deductions  for  debts 
were  allowed  upon  the  ajipraisal,  since  proved  to  have  been  erroneously 
allowed,  it  shall  be  lawful  for  such  superior  court  to  enter  an  order 
assesHiuu  the  tax  upon  tlie  amount  wrongfully  or  erroneously  deducted. 

(?,)  Refund  of  tax  when  order  modified  or  reversed.  Application 
within  one  year.     If,  after  the  payment  of  any  tax  in  pursuance  of  an 


1295  TAXATION.  Act  4035c,  §  12 

order  fixing  such  tax,  made  by  the  superior  court  having  jurisdiction, 
such  order  be  modified  or  reversed  by  the  superior  court  having  juris- 
diction within  two  years  from  and  after  the  date  of  entry  of  the  order 
fixing  the  tax,  or  be  modified  or  reversed  at  any  time  on  an  appeal 
taken  therefrom  within  the  time  allowed  by  law  on  'due  notice  to  the 
state  controller,  the  county  treasurer  shall  refund  to  the  executor,  admin- 
istrator, trustee,  person  or  persons  by  whom  such  tax  was  paid,  the 
amount  of  any  moneys  paid  or  deposited  on  account  of  such  tax  in  excess 
of  the  amount  of  tax  fixed  by  the  order  modified  or  reversed,  out  of 
any  inheritance  tax  moneys  in  his  hands  or  custody,  and  ci-edit  himself 
with  the  same  in  the  account  required  to  be  rendered  by  him  to  the  con- 
troller on  his  semi-annual  settlement;  but  no  application  for  such  refund 
shall  be  made  after  one  year  from  such  reversal  or  modification,  unless 
an  appeal  shall  be  taken  therefrom,  in  which  case  no  such  application 
shall  be  made  after  one  year  from  the  final  determination  on  such  appeal 
or  of  an  appeal  taken  therefrom,  and  the  representatives  of  the  estate, 
legatees,  devisees  or  distributees  entitled  to  any  refund  under  this  section 
shall  not  be  entitled  to  any  interest  upon  such  refund,  and  the  state 
controller  shall  deduct  from  the  fees  allowed  by  this  act  to  the  county 
treasurer  the  amount  theretofore  allowed  him  upon  such  overpayment. 

(4)  Refund  of  tax  erroneously  paid.  When  any  amount  of  said  tax 
shall  have  been  erroneously  paid,  the  superior  court  having  jurisdiction, 
on  application  after  notice  to  the  state  controller,  and  on  satisfactory 
proof  to  it,  shall  by  order  require  the  county  treasurer  to  refund  and 
pay  to  the  executor,  administrator,  trustee,  person  or  persons  who  had 
paid  any  such  tax  in  error  the  amount  of  such  tax  so  erroneously  paid; 
provided,  that  all  applications  for  such  repayment  of  such  tax  so  errone- 
ously paid  shall  be  made  within  one  year  of  the  date  of  the  entry  of 
the  order  fixing  tax  or  of  the  decree  of  final  distribution  of  the  estate. 
Such  refund  shall  be  made  by  said  treasurer  out  of  any  inheritance  tax 
moneys  in  his  hands  or  custody  and  he  shall  credit  himself  with  the  same 
in  the  account  required  to  be  rendered  by  him  to  the  controller  on  semi- 
annual settlement;  and  the  state  controller  shall  deduct  from  the  fees 
allowed  by  this  act  to  the  county  treasurer  the  amount  theretofore 
allowed  him  upon  such  erroneous  payment. 

(5)  Pending  proceedings.  This  section,  as  amended,  shall  apply  to 
appeals  and  proceedings  now  pending  and  taxes  heretofore  paid  in  rela- 
tion to  which  the  period  of  one  year  from  such  reversal  or  modification 
has  not  expired  when  this  section,  as  amended,  takes  effect. 

§12.     Examination  of  books,  etc.     Penalty  for  divulging  information. 

(1)  Whenever  the  state  controller  shall  have  reasonable  cause  to  believe 
that  a  tax  is  due  under  the  provisions  of  this  act,  upon  any  transfer 
of  any  property,  and  that  any  person,  firm,  institution,  company,  asso- 
ciation or  corporation  has  possession,  custody  or  control  of  any  books, 
accounts,  papers  or  documents  relating  to  or  evidencing  such  transfer, 
the  state  controller  or  inheritance  tax  attorney,  or  any  assistant  inherit- 
ance tax  attorney  of  the  inheritance  tax  department,  is  hereby  authorized 
and  empowered  to  inspect  the  books,  records,  accounts,  papers  and  docu- 
ments of  any  such  person,  firm,  institution,  company,  association  or  cor- 


Act  4035c,  §  13  GENERAL  LAWS.  1296 

poration,  including  the  stock  transfer  book  of  any  corporation,  for  the 
purpose  of  acquiring  any  information  deemed  necessary  or  desirable 
by  said  state  controller  or  such  inheritance  tax  attorney  or  assistant 
inheritance  tax  attorneys,  for  the  proper  enforcement  of  this  act,  and 
for  the  collection  of  the  full  amount  of  tax  which  may  be  due  the  state 
hereunder.  Any  and  all  information  acquired  by  said  state  controller 
or  said  inheritance  tax  attorney  or  assistant  inheritance  tax  attorneys 
shall  be  deemed  and  held  by  said  state  controller  and  said  inheritance 
tax  attorney  and  assistant  inheritance  tax  attorneys  and  each  of  them, 
as  confidential,  and  shall  not  be  divulged,  disclosed  or  made  known  by 
them  or  any  of  them  excejit  in  so  far  as  may  be  necessary  for  the  enforce- 
ment of  the  provisions  of  this  act.  Any  controller  or  ex-controller,  or 
inheritance  tax  attorney  or  ex-inheritance  tax  attorney,  or  assistant 
inheritance  tax  attorney  or  ex-assistant  inheritance  tax  attorney,  who 
shall  divulge,  disclose  or  make  known  any  information  acquired  by  such 
inspection  and  examination  aforesaid,  except  in  so  far  as  the  same  may 
be  necessary  for  the  enforcement  of  the  provisions  of  this  act,  shall 
be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined 
not  less  than  two  hundred  fifty  d"bllars  nor  more  than  five  hundred  dol- 
lars, or  be  imprisoned  in  the  county  jail  for  not  more  than  ninety  days, 
or  both. 

(2)  Penalty  for  refusing  to  permit  exa^mination.  Any  officer  or  agent 
of  any  firm,  institution,  company,  association  or  corporation  having  or 
keeping  an  office  within  this  state,  who  has  in  his  custody  or  under  his 
control  any  book,  record,  account,  paper  or  document  of  such  firm,  insti- 
tution, company,  association  or  corporation,  and  any  person  having  in 
his  custody  or  under  his  control  such  book,  record,  account,  paper  or 
document  who  refuses  to  give  to'  the  state  controller,  or  said  inheritance 
tax  attorney,  or  any  of  said  assistant  inheritance  tax  attorneys,  lawfully 
demanding,  as  provided  in  this  section,  during  office  hours  to  inspect  or 
take  a  copy  of  the  same,  or  any  part  thereof,  for  the  purposes  herein- 
above provided,  a  reasonable  opportunity  so  to  do,  shall  be  liable  to  a 
penalty  of  not  less  than  one  thousand  dollars  nor  more  than  twenty 
thousand  dollars,  and  in  addition  thereto  shall  be  liable  for  the  amount 
of  the  taxes,  interest  and  penalties  due  under  this  act  on  such  transfer, 
and  the  said  penalties  and  liabilities  for  the  violation  of  this  section 
niav  be  enforced  in  an  action  biougbt  by  the  state  controller  in  any 
court  of  coiiiiictent  jurisdiction. 

§13.  Consent  of  controller  to  transfer  of  decedent's  stock.  (1)  No 
corporation  organized  or  existing  under  the  laws  of  this  state,  shall  trans- 
fer on  its  books  or  issue  a  new  certificate  for  any  share  or  shares  of 
its  caj)ital  stock  belonging  to  or  standing  in  the  name  of  a  decedent 
or  in  trust  for  a  decedent  or  belonging  to  or  standing  in  the  joint  names 
of  a  decedent  and  one  or  iiiorc  persons,  without  the  written  consent  of 
the  state  controller  or  person  by  him  in  writing  authorized  to  issue  such 
consent. 

(2)  Trust  companies,  etc.,  to  retain  amount  to  pay  tax.  Notice  of 
transfer.  Xo  safe  deposit  company,  trust  company,  corporation,  bank 
or    otlier    insi it\it ion,    person    or    persons    ha^iiig    in    possession    or    under 


1297  TAXATION.  Act  4035c,  §14 

control  or  custody  or  inuler  partial  control  or  partial  custdly  securities, 
deposits,  assets  or  property  belonging  to  or  standing  in  the  name  of  a 
decedent  who  was  a  resident  or  nonresident,  or  belonging  to,  or  standing 
in  the  joint  names  of  such  a  decedent  and  one  or  more  persons,  including 
the  shares  of  the  capital  stock  of,  or  other  interest  in,  the  safe  deposit 
company,  trust  company,  corporation,  bank  or  other  institution  making 
the  delivery  or  transfer  herein  provided,  shall  deliver  or  transfer  the 
same  to  the  executors,  administrators  or  legal  representatives,  agents, 
deputies,  attorneys,  trustees,  legatees,  heirs,  successors  in  interest  of 
said  decedent  or  to  any  other  person  or  persons,  or  to  the  survivor  or 
survivors  when  held  in  the  joint  names  of  a  decedent  and  one  or  more 
persons,  or  upon  their  order  or  request,  without  retaining  a  sufficient 
portion  or  amount  thereof  to  pay  any  tax  and  interest  which  may  there- 
after be  assessed  thereon  under  this  act  and  unless  notice  of  the  time 
and  place  of  such  delivery  or  transfer  be  served  upon  the  state  controller 
and  county  treasurer  at  least  ten  days  prior  to  said  delivery  or  transfer; 
provided,  that  the  state  controller,  or  person  by  him  in  writing  author- 
ized so  to  do,  may  consent  in  writing  to  said  delivery  or  transfer,  and 
such  consent  shall  relieve  said  safe  deposit  company,  trust  company, 
corporation,  bank  or  other  institution,  person  or  persons  from  the  obliga- 
tion hereunder  to  give  such  notice  or  to  retain  any  portion  of  said 
securities,  deposits  or  other  assets  in  their  possession  or  control.  And 
it  shall  be  lawful  for  the  state  controller  or  county  treasurer,  personally 
or  by  representatives,  to  examine  said  securities,  deposits  or  assets  at  the 
time  of  said  delivery  or  otherwise. 

(3)  Penalty  for  failure  to  comply.  Failure  to  comply  with  the  provi- 
sions of  this  section  shall  render  such  safe  deposit  company,  trust  com- 
pany, corporation,  bank  or  other  institution,  person  or  persons,  liable  to 
a  penalty  of  not  more  than  twenty  thousand  dollars,  and  in  addition 
thereto  said  safe  deposit  company,  trust  company,  corporation,  bank  or 
other  institution,  person  or  persons  shall  be  liable  for  the  amount  of  the 
taxes,  interest  and  penalties  due  under  this  act  on  said  securities,  de- 
posits, or  other  assets  above  mentioned,  and  said  penalties  and  liabili- 
ties of  said  safe  deposit  company,  corporation,  bank  or  other  institution, 
person  or  persons  for  the  violation  of  this  section  may  be  enforced  in  an 
action  brought  by  the  state  controller  in  any  court  of  competent  juris- 
diction. 

§  14.  Inheritance  tax  appraisers.  Penalty  for  taking  other  than  fee 
allowed.  The  state  controller  shall  appoint,  and  may  at  his  pleasure 
remove,  one  or  more  persons  in  each  county  of  the  state  to  act  as  in- 
heritance tax  appraisers  therein.  Every  such  inheritance  tax  appraiser 
(in  addition  to  any  fees  paid  him  as  appraiser  under  section  one  thousand 
four  hundred  forty-four  of  the  Code  of  Civil  Procedure)  shall  be  paid 
for  his  services  out  of  any  inheritance  tax  mone_ys  in  the  hands  of  the 
treasurer  of  the  county  in  which  he  may  be  acting,  a  reasonable  compen- 
sation, to  be  fixed  by  the  superior  court  of  said  county,  or  a  judge  thereof, 
and,  together  with  said  compensation,  said  appraiser  sliall  be  allowed 
his  actual  and  necessary  traveling  and  other  incidental  expenses,  and 
the  fees  paid  such  witnesses  as  he  shall  subpoena  before  him,  said  ex- 
82 


Act4035e,  §§  15, 16  general  laws.  1298 

penses  aud  fees  to  be  allowed  by  said  superior  court  or  a  judge  thereof; 
provided,  that  any  claim  for  any  such  services  or  expenditure,  must 
before  payment,  first  receive  the  approval  of  the  state  controller;  and 
provided,  further,  that  in  any  probate  proceeding  in  which  the  executor 
or  administrator  shall  have  failed  to  have  had  the  inheritance  tax  ap- 
praiser act  as  one  of  the  appraisers  under  section  one  thousand  four 
hundred  forty-four  of  the  Code  of  Civil  Procedure  and  to  have  paid  him 
his  fees  therefor,  the  expense  of  making  the  inheritance  tax  appraisement 
in  this  act  provided  for  shall  be  paid  out  of  said  estate,  and  the  executor 
or  administrator  thereof  shall  be  liable  for  said  fee.  Any  such  appraiser 
who  shall  take  any  fee  or  reward,  other  than  such  as  may  be  allowed  him 
by  law,  from  any  executor,  administrator,  trustee,  legatee,  next  of  kin, 
or  heir  of  any  decedent,  or  from  any  other  person  liable  to  pay  said  tax, 
or  any  portion  thereof,  shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  fined  not  less  than  two  hundred  fifty  dollars  nor 
more  than  five  hundred  dollars,  or  be  imprisoned  in  the  county  jail  ninety 
days  or  both,  and  in  addition  thereto  the  court  shall  dismiss  him  from 
such  service. 

§  15.  Jurisdiction  of  superior  court.  The  superior  court  in  the  county 
in  which  is  situate  the  real  property  of  a  decedent,  who  was  not  a  resi- 
dent of  the  state,  or  if  there  be  no  real  property,  then  in  the  county  in 
which  any  of  the  personal  property  of  such  nonresident  is  situate,  or  in 
the  county  of  which  the  decedent  was  a  resident  at  the  time  of  his 
death,  shall  have  jurisdiction  to  hear  and  determine  all  questions  in  rela- 
tion to  the  tax  arising  under  the  provisions  of  this  act;  the  court  first 
acquiring  jurisdiction  hereunder  shall  retain  the  same,  to  the  exclusion 
of  every  other;  provided,  that  the  superior  court  having  acquired  juris- 
diction in  probate  of  the  estate  of  a  decedent  shall  hear  and  determine 
in  said  probate  proceedings  ail  questions  in  relation  to  any  tax  arising 
under  the  provisions  of  this  act:  (a)  Upon  property  passing  in  said  pro- 
bate proceedings,  (b)  Upon  any  other  property  transferred,  within  the 
meaning  of  subdivision  three  of  section  two  or  any  other  provisions  of 
this  act,  to  any  person,  institution  or  corporation  taking  any  property 
under  and  by  virtue  of  said  probate  proceedings. 

§  16.  Appointment  of  inheritance  tax  appraisers  in  pro^bate  proceed- 
ings. Powers  of  referee.  Witnesses.  Evidence.  Report  to  superior 
court.  (1)  When  any  superior  court,  having  jurisdiction  in  probate  of 
the  estate  of  any  decedent,  or  a  judge  of  such  court,  shall,  in  accordance 
with  section  one  thousand  four  hundred  forty-four  of  the  Code  of  Civil 
Procedure,  appoint  the  appraiser  or  appraisers  in  said  section  provided 
for,  said  superior  court  or  judge  thereof  shall  also  at  the  same  time 
designate  and  appoint  an  inheritance  tax  appraiser  (unless  such  designa- 
tion and  appointment  be  previously  made)  to  ascertain  and  report  to  said 
superior  court  the  amount  of  inheritance  tax  due  upon  any  property 
passing  in  said  probate  jirocecding,  or  a  lien  thereon,  or  upon  any  other 
property  transferred  within  the  meaning  of  subdivision  (3)  of  section 
two  of  this  act,  or  under  any  other  provision  of  this  act,  to  any  person, 
institution  or  corporation  taking  ])ropcrty  under  and  by  virtue  of  said 
probate  proceedings,  together  with  such  other  or  additional  information 


1299  TAXATION.  Act  4035c,  §16 

as  shall  assist  said  court  iu  the  determination  of  said  tax.  Thereupon 
said  inheritance  tax  appraiser  shall  have  all  the  powers  of  a  referee  of 
said  superior  court,  and  shall  have  jurisdiction  to  require  the  attendance 
before  him  of  the  executor  or  administrator  of  said  estate,  or  any  person 
interested  therein,  or  any  other  person  whom  he  may  have  reason  to  be- 
lieve possesses  knowledge  of  the  estate  of  said  decedent,  or  knowledge 
of  any  property  transferred  by  said  decedent  within  the  meaning  of  this 
act,  or  knowledge  of  any  facts  that  will  aid  said  appraiser  or  the  court 
in  the  determination  of  said  tax.  For  the  purpose  of  compelling  the 
attendance  of  such  person  or  persons  before  him,  and  for  the  purpose  of 
appraising  any  property  or  interest  subject  to,  or  liable  for  any  in- 
heritance tax  hereunder,  and  for  the  purpose  of  determining  the  amount 
of  tax  due  thereon,  the  said  inheritance  tax  appraiser  is  hereby  author- 
ized to  issue  subpoenas  compelling  the  attendance  of  witnesses  before  him. 
Any  person  or  persons  who  shall  be  served  with  a  subpoena,  issued  by  said 
inheritance  tax  appraiser,  to  appear  and  testify  or  to  produce  books  and 
papers,  and  who  shall  refuse  and  neglect  to  appear  and  testify  or  to 
produce  books  and  papers  relevant  to  such  appraisement,  as  commanded 
in  such  subpoena,  shall  be  guilty  of  a  contempt  of  court.  And  he  may 
examine  and  take  the  evidence  of  such  witnesses  or  of  such  executor  or 
administrator,  or  other  person  under  oath  concerning  such  property  and 
the  value  thereof,  and  concerning  the  property  or  the  estate  of  such 
decedent  subject  to  probate,  and  concerning  any  transfer  made  by  such 
decedent  within  the  meaning  of  this  act.  Upon  the  completion  of  his 
inheritance  tax  appraisement  in  any  probate  proceeding,  the  inheritance 
tax  appraiser  shall  make  a  rei)ort  in  writing  to  the  superior  court  of  the 
clear  market  value  of  the  several  interests  in  the  estate  of  the  decedent, 
and  shall  report  the  amount  of  inheritance  or  transfer  tax  chargeable 
against,  or  a  lien  upon  such  interests,  acquired  by  virtue  of  said  probate 
proceedings  or  by  any  transfer  within  the  meaning  of  this  act,  to  any 
person,  institution  or  corporation  acquiring  any  property  by  virtue  of 
said  probate  proceedings  together  with  such  other  facts  as  may  advise 
the  court  in  regard  thereto,  or  which  the  court  may  require,  and  may 
return  to  said  superior  court  such  depositions  as  he  may  have  had  reduced 
to  writing,  exhibits,  or  other  testimony  or  information  taken  before  him, 
or  submitted  to  him. 

(2)  Notice  of  filing  report.  Order  confirming  report.  Hearing  olsjec- 
tions.  Upon  the  filing  of  said  report  said  appraiser  shall  mail  a  copy 
thereof  to  the  state  controller  and  the  clerk  of  said  superior  court  shall 
on  said  day  or  the  next  succeeding  judicial  day  give  notice  of  such 
filing  to  all  persons  interested  in  such  proceedings  by  causing  notices 
to  be  posted  in  at  least  three  public  places  in  the  county,  one  of  which 
must  be  the  place  where  the  court  is  held,  and  in  addition  thereto  shall 
mail  to  the  state  controller  and  to  all  persons  chargeable  with  any  tax 
in  said  report  who  have  appeared  in  such  proceeding,  a  copy  of  said  no- 
tice. At  any  time  after  the  expiration  of  ten  days  thereafter,  if  no 
objection  to  said  report  be  filed,  the  said  superior  court  or  a  judge  there- 
of, may,  without  further  notice  give  and  make  its  order  confirming  said 
report  and  fixing  the  tax  in  accordance  therewith.  At  any  time  prior 
to  the  making  of  said  order,   any  person  interested  in  said  proceeding 


Act  4035c,  §  17  GENERAL  LAWS.  1300 

(including  the  state  controller)  may  file  objections  in  writing  to  said 
report.  Thereupon  said  superior  court  shall,  by  order,  fix  a  time,  not 
less  than  ten  days  thereafter,  for  the  hearing  thereof,  and  shall  direct 
the  clerk  of  said  superior  court  to  give  such  notice  thereof  as  it  shall 
deem  neecssary;  provided,  that  a  copy  of  such  notice  and  of  such  objec- 
tions shall  be  forthwith  mailed  to  the  state  controller,  county  treasurer 
and  inheritance  tax  appraiser.  Upon  the  hearing  of  said  objections,  said 
court  may  make  such  order  as  to  it  may  seem  meet  and  proper  in  the 
premises. 

(3)  Order  that  no  inheritance  taxes  due.  If,  upon  examination  of  the 
executor  or  administrator  of  said  estate  or  other  persons  familiar  with 
the  affairs  of  such  decedent,  or  from  other  information  before  him,  it 
shall  appear  to  the  inheritance  tax  appraiser  that  there  is  no  inheritance 
tax  due  out  of  said  estate  or  a  lien  upon  any  property  or  interest  therein, 
said  appraiser  may  so  certify  to  the  superior  court,  and  at  any  time 
thereafter,  if  no  objection  to  said  certificate  shall  have  been  filed,  said 
superior  court  or  a  judge  thereof  may,  without  further  notice,  make  an 
order  or  decree  that  there  are  no  inheritance  taxes  due  out  of  said  estate 
or  upon  any  interest  therein  or  may  make  such  different  order  as  may  to 
it  seem  meet  in  the  premises.  Such  order  shall  be  conclusive  only  as  to 
such  property  as  may  have  been  returned  in  the  inventory  or  inventory 
and  appraisement  in  said  probate  proceedings. 

§  17.  Determination  of  taxability  of  transfer.  Examination  by 
appraiser.  Report  of  findings.  Service.  Hearing  by  court.  (1)  If 
it  shall  appear  to  the  superior  court  upon  petition  of  the  state  con- 
troller that  any  transfer  has  been  made  within  the  meaning  of  this 
act,  and  the  taxability  thereof  and  the  liability  for  such  tax  and 
the  amount  thereof  have  not  been  determined,  and  that  no  pro- 
ceedings are  pending  in  any  court  in  this  state  wherein  the  taxabil- 
ity of  such  transfer  and  the  liability  therefor  and  the  amount  thereof 
may  be  determined,  said  court  shall  issue  a  citation  ordering  and  direct- 
lug  the  persons  who  may  appear  liable  therefor  or  known  to  own  any 
interest  in  or  part  of  the  property  transferred,  to  appear  before  said 
court  or  before  an  inheritance  tax  appraiser  to  be  designated  by  said 
order  at  a  time  and  place  in  said  order  named,  not  less  than  ten  days  nor 
more  than  one  year  from  the  date  of  such  order,  to  be  examined,  under 
oath  by  said  court  or  by  said  appraiser  as  the  case  may  be,  concerning 
Buid  transfer  and  all  facts  connected  therewith,  and  concerning  the  prop- 
erty transferred  and  the  character  and  value  thereof. 

If  said  person  or  persons  shall  be  directed  to  appear  before  said  ap- 
praiser said  appraiser  sliall,  at  the  time  and  place  in  said  order  named, 
or  at  such  time  and  place  to  which  said  appraiser  may  adjourn  said  hear- 
ing, proceed  to  examine  said  person  or  persons  and  such  witnesses  as  said 
appraiser  may  subpoena  before  him,  and  for  the  purpose  of  said  hearing, 
and  for  tlie  purpose  of  ascertaining  any  facts  concerning  the  taxability 
of  said  transfer  or  any  taxes  due  on  account  of  such  transfer,  said 
appraiser  siiall  have  the  powers  of  a  referee  of  said  court,  and  is  hereby 
authorized  to  issue  subpoenas  conii)elling  the  attendance  of  witnesses 
before  him,  and  to  administer  oath,  and  to  take  tiie  evidence  of  sucli 
witnesses    under    oatli    concerning   such    in'opcrty    ;iiid    tlie    value    tlicreof 


1301  TAXATION.  Act  4035e,  §  17 

aud  coneeruiiig  such  trausfer.  iSaid  appraiser  shall  report  to  said  court 
his  fiiulings  and  conclusions  in  relation  to  said  transfer  and  said  tax, 
and  may  return  to  said  court,  any  depositions,  exhibits  or  other  testi- 
mony or  information  taken  before  him  or  exhibited  to  him.  The  proce- 
dure subsequent  to  the  filing  of  said  report  shall  conform  to  subdivision 
(2)   of  section  sixteen  of  this  act. 

Except  as  herein  otherwise  provided,  the  service  of  such  citation  aud 
the  time,  manner  and  proof  thereof,  and  the  hearing  and  determination 
tliereon,  and  the  hearing  and  determination  upon  the  facts  returned  in 
such  report,  and  the  enforcement  of  the  determination  or  decree,  shall 
conform  to  the  provisions  of  chapter  twelve,  title  eleven,  part  three  of 
the  Code  of  Civil  Procedure,  and  the  clerk  of  the  court  shall,  upon  th© 
request  of  the  state  controller,  furnish,  without  fee,  one  or  more  tran- 
scripts of  such  decree,  and  the  same  shall  be  docketed  and  filed  by  the 
county  clerk  of  any  county  in  the  state,  without  fee,  in  the  same  manner 
and  with  the  same  effect  as  provided  by  section  six  hundred  seventy-four 
of  said  Code  of  Civil  Procedure  for  filing  a  transcript  of  an  original 
docket. 

The  superior  court  may  hear  the  said  cause  upon  the  relation  of  the 
parties  and  the  testimony  of  wdtuesses,  and  evidence  produced  in  open 
court,  and,  if  the  court  shall  find  said  property  is  not  subject  to  any 
tax,  as  herein  provided,  the  court  shall,  by  order,  so  determine;  but  if  it 
shall  appear  that  said  property,  or  any  part  thereof,  is  subject  to  any 
such  tax,  the  same  shall  be  appraised  and  taxed  as  in  other  cases. 

(2)  Petition  to  determine  taxability.  Compensation  of  appraiser. 
Verified  petitions  may  be  filed  by  any  interested  party  with  the 
superior  court,  alleging  and  admitting  that  a  transfer  within  the 
meaning  of  this  act  has  been  made  and  the  taxability  thereof  and 
the  liabilfty  for  such  tax  and  the  amount  thereof  have  not  been 
determined,  and  that  no  proceedings  are  pending  in  any  court  in 
this  state  wherein  the  taxability  of  such  transfer  and  the  liability 
therefor  and  the  amount  thereof,  may  be  determined,  and  that  the 
petitioner  desires  such  determination  and  desires  to  pay  said  tax,  if  any 
be  due.  Upon  the  filing  of  such  petition  the  superior  court  or  a  judge 
thereof  shall  by  order  designate  and  appoint  an  inheritance  tax  appraiser 
to  ascertain  and  report  to  said  court  the  amount  of  the  inheritance  tax, 
if  any,  due  by  said  petitioner  on  account  of  such  transfer,  and  shall  fix 
a  time  and  place,  not  less  than  ten  days  thereafter,  for  the  hearing  of 
said  matter  before  said  inheritance  tax  appraiser,  a  copy  of  which  peti- 
tion and  order  shall  be  forthwith  mailed  to  the  state  eorttroller,  and  shall 
refer  to  said  petition  and  said  matter  to  said  inheritance  tax  appraiser 
who  shall  have  all  of  the  powers  of  a  referee  of  said  court,  including  the 
powers  prescribed  in  subdivision  (1)  of  section  sixteen  of  this  act.  The 
procedure  subsequent  to  said  reference  to  said  appraiser  shall  conform 
to  the  provisions  of  subdivisions  (1)   and  (2)   of  section  sixteen  of  this 

act. 

In  the  event  that  final  judgment  is  rendered  in  said  proceeding,  ascer- 
taining and  determining  that  no  inheritance  tax  is  due  on  account  of 
said  transfer  or  that  the  amount  of  the  tax  to  which  said  transfer  is 
liable    is  less  than  twenty  dollars  the   court   shall,  in  addition  to   the 


Act  4035e,  §  17  general  laws.  1302 

amount  of  the  tax,  if  any,  include  in  such  judgment  and  assess  against 
the  petitioner  reasonable  compensation  for  said  inheritance  tax  appraiser, 
not  exceeding  the  sum  of  ten  dollars,  and  the  necessary  traveling  and 
incidental  expenses  of  said  appraiser. 

(3)  Action  to  quiet  title.  Hearing  by  appraiser.  Judgment  in  favor 
of  state.  Actions  may  be  brought  against  the  state  by  any  interested 
person  for  the  purpose  of  quieting  the  title  to  any  property  against  the 
lien  or  claim  of  lien  of  any  tax  or  taxes  under  this  act,  or  for  the  pur- 
pose of  having  it  determined  that  any  property  is  not  subject  to  any 
lien  for  taxes  nor  chargeable  with  any  tax  under  this  act.  No  such 
action  shall  be  maintained  where  any  proceedings  are  pending  in  any 
court  in  this  state  wherein  the  taxability  of  such  transfer  and  the  lia- 
bility therefor  and  the  amount  thereof  may  be  determined.  All  parties 
interested  in  said  transfer  and  in  the  taxability  thereof  shall  be  made 
parties  thereto  and  any  interested  person  who  refuses  to  join  as  plaintiff; 
therein  may  be  made  a  defendant.  Summons  for  the  state  in  said  action 
shall  be  served  upon  the  state  controller. 

At  any  time  after  issue  is  joined  in  such  action  the  court,  on  its  own 
motion,  or  upon  the  motion  of  any  interested  party,  may  by  order  appoint 
and  designate  an  inheritance  tax  appraiser  to  hear  said  matter  and  report 
to  the  court  thereon  and  shall  in  such  order  fix  a  time  and  place  for  the 
hearing  of  said  matter  before  said  inheritance  tax  appraiser,  and  direct 
notice  of  such  time  and  place  to  be  given  in  such  manner  as  the  court 
shall  deem  proper,  and  shall  refer  said  matter  to  said  inheritance  tax 
appraiser  who  shall  have  all  of  the  powers  of  a  referee  of  said  court,  in- 
cluding the  powers  prescribed  in  subdivision  (1)  of  section  sixteen  of 
this  act.  The  procedure  subsequent  to  said  reference  to  said  appraiser 
shall  conform  to  the  provisions  of  subdivisions  (1)  and  (2)  of  section 
sixteen  of  this  act. 

Should  the  court  determine  that  the  property  described  in  the  com- 
plaint is  subject  to  the  lien  of  said  tax  and  that  said  property  has  been 
transferred  within  the  meaning  of  this  act,  the  "ourt  shall  award  affirma- 
tive relief  to  the  state  in  said  action,  and  judgment  shall  be  rendered 
therein  in  favor  of  the  state,  ascertaining  and  determining  the  amount 
of  said  tax,  and  the  person  or  persons  liable  therefor,  and  the  property 
chargeable  therewith  or  subject  to  lien  therefor,  and  shall  assess  against 
such  person  or  persons  reasonable  compensation  for  said  inheritance  tax 
appraiser  and  his  necessary  traveling  and  incidental  expenses. 

(4)  Actions  conunenced,  where.  Actions  under  this  section  shall  be 
commenced  in  thfc  superior  court  of  the  county  in  which  is  situated  any 
part  of  any  real  property  against  which  any  lien  is  sought  to  be  en- 
forced, or  to  which  title  is  sought  to  be  quieted  against  any  lien,  or  claim 
of  lien;  hut  if  in  said  action  no  lien  against  real  property  is  sought  to 
be  enforced, -the  action  shall  be  brought  in  the  superior  court  of  the 
count}'  which  has  or  which  had  jurisdiction  of  the  administration  of  the 
estate  of  tlie  decedent  mentioned  herein. 

('))  No  fees  charged.  No  fee  shall  be  charged  said  state  controller 
])y  any  public  ofTiccr  iTi  tliis  state  for  the  filing  or  recording  of  any 
petition,  lis  jiendens,  decree  or  order,  or  for  the  taking  of  oaths  or 
acknowledgments  in  any  proceeding  taken  under  this  act;  nor  shall  any 


1303  TAXATION.  Act  4035c,  §§  18-21 

undertaking  be  required  from  or  costs   charged  against  the   state   con- 
troller or  the  state  of  California  in  any  such  proceeding. 

§  18.  Orders  have  force  of  judgments  in  civil  actions.  The  orders, 
decrees  and  judgments  fixing  tax  or  determining  that  no  tax  is  due, 
mentioned  in  this  act,  shall  have  the  force  and  effect  of  judgments  in 
civil  actions.  Except  as  otherwise  herein  provided,  the  iirovisions  of 
the  Code  of  Civil  Procedure  relative  to  judgments,  new  trials,  appeals, 
attachments  and  execution  of  judgments,  so  far  as  applicable,  shall 
govern  all  proceedings  taken  under  this  act.  Nothing  in  this  section 
shall  preclude  the  state  from  relief  herein  provided  for,  which  may  be 
inconsistent  with  the  provisions  of  the  Code  of  Civil  Procedure. 

§  19.  Taxes  paid  to  state  treasurer.  The  treasurer  of  each  county 
shall  collect  all  taxes  and  moneys  that  may  be  due  and  payable  under 
this  act  and  pay  the  same  to  the  state  treasurer  (excepting  such  moneys 
as  he  may  pay  out  from  time  to  time  pursuant  to  the  provisions  of  this 
act)  and  the  state  treasurer  shall  give  him  a  receipt  therefor;  of  which 
collection  and  payment  he  shall  make  a  report,  under  oath,  to  the  con- 
troller, between  the  first  and  fifteenth  days  of  May  and  December  of 
each  year,  stating  for  what  estate  paid,  and  in  such  form  and  containing 
such  particulars  as  the  controller  may  prescribe;  and  for  all  such  taxes 
collected  by  him  and  not  paid  to  the  state  treasurer  by  the  first  day 
of  June  and  January  of  each  year  he  shall  pay  interest  at  the  rate  of 
ten  per  centum  per  annum. 

§  20.  Percentage  of  tax  retained  by  county  treasurer.  The  treasurer 
of  each  county  shall  be  allowed  to  retain,  on  all  taxes  paid  and  accounted 
for  by  him  each  year  under  this  act,  in  addition  to  his  salary  or  fees 
now  allowed  by  law,  three  per  centum  of  the  first  fifty  thousand  dollars 
so  paid  and  accounted  for  by  him,  one  and  one-half  per  centum  on  the 
next  fifty  thousand  dollars  so  paid  and  accounted  for  by  him,  and  one- 
half  of  one  per  centum  on  all  additional  sums  so  paid  and  accounted 
for  by  him;  provided,  that  no  county  treasurer  shall  be  entitled  to  retain 
to  his  own  use  more  than  the  sum  of  two  hundred  dollars  out  of  the 
inheritance  taxes  paid  on  account  of  any  transfer  or  transfers  made  by. 
or  resulting  from  the  death  of,  any  one  decedent,  nor  more  than  five 
thousand  dollars  out  of  the  total  inheritance  taxes  accounted  for  in  any 
one  year. 

§21.  State  controller  may  employ  counsel.  The  state  controller, 
whenever  he  shall  be  cited  as  a  party  in  any  proceeding  or  action  to 
determine  any  tax  under  this  act  provided,  or  whenever  he  shall  deem 
it  necessary  for  the  better  enforcement  of  this  act  to  make  any  special 
employment  to  secure  evidence  of  evasion  of  said  tax,  or  to  commence 
or  appear  in  any  proceeding  or  action  to  determine  any  tax  hereunder, 
may,  by  and  with  the  consent  and  approval  of  the  attorney-general, 
make  such  special  employment  or  designate  and  employ  counsel  or 
attorney  in  or  out  of  this  state  to  represent  him  on  behalf  of  the  state, 
and,  by  and  with  such  consent  of  the  attorney-general,  he  is  hereby 
authorized  to  incur  the  necessary  expense  for  such  employment  and  any 


Act  4035e,  §§  22-25  general  laws.  1304 

reasonable  and  necessary  expense  incident  thereto.  And  the  county 
treasurer  is  hereby  authorized  and  directed  to  pay  out  of  any  funds 
which  may  be  in  his  hands  on  account  of  this  tax,  on  presentation  of  a 
sworn  itemized  account  and  on  certificate  of  the  state  controller  and 
attorney  general,  all  expenses  incurred  as  in  this  section  above  provided, 
but  no  expense  for  such  special  employment  or  legal  services,  up  to  and 
including  the  entry  of  the  order  of  the  court  fixing  the  tax  and  the 
same  becoming  final,  shall  exceed  ten  per  centum  of  the  tax  and  penal- 
ties collected;  provided,  that  all  reasonable  and  necessary  expenses 
incurred,  in  any  legal  action  or  proceeding  in  any  court  of  this  state  or 
on  any  appeal  therefrom,  other  than  attorney's  fees,  including  expense 
of  serving  processes  and  jarinting  and  preparing  of  necessary  legal  papers, 
may  be  allowed  and  paid  in  the  manner  above  provided,  even  though 
no  tax  be  recovered  in  such  action  or  proceeding,  and  the  limitations 
herein  made   shall  not  apply  thereto. 

§  22.  Disposition  of  taxes  collected.  All  taxes  levied  and  collected 
under  this  act,  up  to  the  amount  of  two  hundred  fifty  thousand  dollars 
annually,  shall  be  paid  into  the  treasury  of  the  state,  for  the  uses  of 
the  state  school  fund,  and  all  taxes  levied  and  collected  in  excess  of 
two  hundred  fifty  thousand  dollars  annually  shall  be  paid  into  the  state 
treasury  to   the   credit   of  the  general  fund   thereof. 

§  23.  Penalty  for  failure  to  perform  duty.  Every  ofl&cer  who  fails  or 
refuses  to  perform,  within  a  reasoiiable  time,  any  and  every  duty  re- 
quired by  the  provisions  of  this  act,  or  who  fails  or  refuses  to  make 
and  deliver  within  a  reasonable  time  any  statement  or  record  required 
by  this  act,  shall  forfeit  to  the  state  of  California  the  sum  of  one  thou- 
sand dollars,  to  be  recovered  in  aii  action  brought  by  the  attorney 
general  in  the  name  of  the  people  of  the  state  on  the  relation  of  the 
controller. 

§  24.  Constitutionality.  If  any  section,  subsection,  sentence,  clause 
or  phrase  of  this  act  is  for  any  reason  held  to  be  unconstitutional,  such 
decision  shall  not  affect  the  validity  of  the  remaining  portions  of  this 
act.  The  legislature  hereby  declares  that  it  would  have  passed  this 
act,  and  each  section,  subsection,  sentence,  clause  and  phrase  thereof, 
irrespective  of  the  fact  that  any  one  or  more  other  sections,  subsections, 
sentences,  clauses  or  phrases  be  declared  unconstitutional. 

§  25.  Acts  repealed.  Pending  suits,  etc.,  not  affected.  An  act  enti- 
tled "An  act  to  establish  a  tax  on  gifts,  legacies,  inheritances,  bequests, 
devises,  successions  and  transfers,  to  provide  for  its  collection  and  to 
direct  the  disposition  of  its  proceeds;  to  provide  for  the  enforcement 
of  liens  created  by  this  act  and  by  any  act  hereby  repealed  and  for 
suits  to  quiet  title  against  claims  of  liens  arising  hereunder  or  under 
an  act  hereby  repealed  to  l)e  iviiown  as  tlie  'inheritance  tax  act';  to  repeal 
iin  act  entitled  'An  act  to  establish  a  tax  on  gifts,  legacies,  inheritances, 
lioquosts,  d(n'ises,  sui-cessions  and  transfers,  to  provide  for  its  collection, 
and  to  direct  the  disposition  of  its  ])roceeds;  to  provide  for  the  enforce- 
ment  of  liens   created   by    tliis   act   and   IJor   suits   to   quiet   title   against 


1805  TAXATION.  Aet  4065,  §  38 

claims  of  lions,  arising  hereunder;  to  repeal  an  act  entitled  "An  act  to 
establish  a  tax  on  gifts,  legacies,  inheritances,  bequests,  devises,  suc- 
cessions and  transfers;  to  provide  for  its  collection,  and  to  direct  the 
disposition  of  its  proceeds;  to  provide  for  the  enforcement  of  liens 
created  by  this  act  and  for  suits  to  quiet  title  against  claims  of  liens 
arising  hereunder";  to  repeal  an  act  entitled  "An  act  to  establish  a  tax 
on  collateral  inheritances,  bequests  and  devises,  to  provide  for  the  col- 
lection and  to  direct  the  disposition  of  its  proceeds,"  approved  March 
23,  1893,  and  all  amendments  thereto,  and  to  repeal  all  acts  and  parts 
of  acts  in  conflict  with  this  aet,  approved  March  20,  1905,  and  all 
amendments  thereto,  and  all  acts  and  parts  of  acts  in  conflict  with  this 
act,'  approved  April  7,  1911";  approved  June  16,  1913,  and  all  amend- 
ments thereto,  and  all  acts  and  parts  of  acts  in  conflict  with  this  act 
are  hereby  expressly  repealed;  provided,  however,  that  such  repeal  shall 
in  no  wise  affect  any  suit,  prosecution  or  proceeding  pending  at  the  time 
this  act  shall  take  effect,  or  any  right  which  the  state  of  California  may 
have  at  the  time  of  the  taking  effect  of  this  act,  to  claim  a  tax  upon 
any  property  under  the  provisions  of  the  act  or  acts  hereby  repealed, 
for  which  no  proceeding  has  been  commenced,  and  where  no  proceeding 
has  been  commenced  to  collect  any  tax  arising  under  any  act  hereby 
repealed  the  procedure  to  collect  such  tax  shall  conform  to  the  provisions 
hereof;  nor  shall  such  repeal  affect  any  appeal,  right  of  appeal  in  any 
suit  pending,  or  orders  fixing  tax,  existing  iii  this  state  at  tlie  time  of 
the  taking  effect  of  this  act. 

ACT  4065. 

An  act  to  carry  into  effect  the  provisions  of  section  14  of  article  XIII  of 
the  constitution  of  the  state  of  California  as  said  constitution  was 
amended  November  8,  1910,  providing  for  the  separation  of  state 
from  local  taxation,  and  providing  for  the  taxation  of  public  service 
and  other  corporations,  banks  and  insurance  companies  for  the  bene- 
fit of  the  state,  all  relating  to  rcA'enue  and  taxation. 

[Approved  April  1,  1911.     Stats.  1911,  p.  530.] 
Amended  1913,  pp.  3,  615;  1915,  pp.  3,  937. 
This  act  was  revised  and  a  substitute  passed  for  it  in  1917. 
The  act  of  May  11,  1917,  adding  sections  3664a  to  3671d  to  the  Political 
Code,  contained  the  following  provision  (Stats.  1917,  p.  370): 

§  38.  This  act  is  a  revision  of  and  substitute  for  the  act  entitled  "An 
act  to  carry  into  effect  the  provisions  of  section  fourteen  of  article  thir- 
teen of  the  constitution  of  the  state  of  California  as  said  constitution 
was  amended  November  8,  1910,  providing  for  the  separation  of  state 
from  local  taxation,  and  providing  for  the  taxation  of  public  service  and 
other  corporations,  banks  and  insurance  companies  for  the  benefit  of  the 
state,  all  relating  to  revenue  and  taxation,"  approved  April  1,  1911,  and 
amendments  thereof;  provided,  however,  that  nothing  herein  contained 
shall  affect  any  tax  heretofore  levied  or  assessed  in  accordance  with  the 
provisions  of  said  aet  and  amendments  thereof;  and  provided,  further, 
that  all  laws  in  force  prior  to  the  taking  effect  of  this  act  and  providing 


Act  4066,  §  1  GENERAL    LAWS.  1306 

for  the  levy  and  collection  of  such   taxes  shall,  for   the  purpose  of  the 
collectiou  of  such  taxes,  remain  in  full  force  and  effect. 

ACT  4066. 

An  act  to  carry  into  effect  the  provisions  of  subdivision  (e)  of  section 
14  of  article  XIII  of  the  constitution  of  the  state  of  California  as 
the  said  article  was  amended  on  the  eighth  day  of  November  in  the 
year  1910,  in  so  far  as  the  same  relates  to  the  state  university;  and 
also  to  provide  for  the  permanent  support  and  improvement  of  the 
University  of  Calif prnia;  and  to  that  end  making  a  continuing  ap- 
propriation and  creating  an  annual  fund  therefor;  and  repealing  an 
act  entitled:  "An  act  to  provide  for  the  permanent  support  and 
improvement  of  the  University  of  California  by  the  levy  of  a  rate 
of  taxation  and  the  creation  of  a  fund  therefor,  and  to  repeal  an 
act  approved  February  14,  1887,  entitled:  'An  act  to  provide  for 
the  permanent  support  and  improvement  of  the  University  of  Cali- 
fornia by  the  levy  of  a  rate  of  taxation  and  the  creation  of  a  fund 
therefor,'  and  also  to  repeal  an  act  approved  February  27,  1897, 
entitled  'An  act  to  provide  additional  support  and  maintenance, 
and  for  the  acquisition  of  necessary  property  and  improvements  of 
the  University  of  California,  by  the  levy  of  a  rate  of  taxation,  and 
the  creation  of  a  fund  therefor,'  "  approved  March  20,  1909. 

[Approved  April  25,  1911.     Stats.  1911,  p.  1104.] 

Amended  1915,  p.  448;  1917,  p.  534. 

The  amendment  of  1917  follows: 

§  1.  State  university  fund  created.  In  order  to  carry  into  effect  the 
provisions  of  subdivision  (e)  of  section  fourteen  of  article  thirteen  of 
the  constitution  of  the  state  of  California  as  the  said  article  was  amended 
on  the  eighth  day  of  November  in  the  year  one  thousand  nine  hundred 
ten,  in  so  far  as  the  same  relates  to  the  state  university,  and  to  provide 
for  the  permanent  support  and  improvement  of  the  University  of  Cali- 
fornia, there  is  hereby  created  an  annual  fund  to  be  called  "the  state 
university  fund";  said  fund  for  the  sixty-third  fiscal  year  shall  be  equal 
to,  but  not  more  than,  seven  per  cent  in  excess  of  the  amount  received 
by  the  university  under  the  provisions  of  chapter  three  hundred  twenty- 
nine  of  the  statutes  of  one  thousand  nine  hundred  nine  for  the  fiscal 
year  ending  June  thirtieth  in  the  year  one  thousand  nine  hundred  eleven; 
and  provided,  further,  that  such  fund  for  each  of  the  sixty-fourth,  sixty- 
fifth,  sixty-sixth,  sixty-seventh,  sixty-eighth,  sixty-ninth,  seventieth,  sev- 
enty-first and  seventy-second  fiscal  years  shall  be  equal  to,  but  not  more 
than,  seven  per  cent  in  excess  of  the  amount  received  by  the  university 
under  this  act  for  the  immediately  preceding  respective  fiscal  year. 
I  Aiiieudiiiciit  a[)proved  May  15,  1917;  Stats.  1917,  p.  534.] 


IWl  TAXATION.  Acts  4067d,  40671',  §  1 

ACT  4067d. 

Au  act  authorizing  and  providing  for  an  investigation  and  report  upon 
the  matter  of  revenue  and  taxation,  and  making  an  appropriation 
therefor. 

[Approved  May  10,  1915.     Stats.  1915,  p.  432.1 
Amended   1917j   Stats.   1917,  p.  301. 
The  anicndiiieiit  of  1917  follows: 

§5.  Duties  of  tax  commission.  The  officers  and  appointees  provided 
for  in  section  two  of  this  act  shall  perform  such  duties  as  the  governor 
may  deem  necessary  to  further  the  objects  of  senate  joint  resolution  num- 
ber throe,  adopted  by  the  legislature  January  26,  1917,  and  chapter  num- 
ber thirty-two  of  the  laws  of  one  thousand  nine  hundred  seventeen. 
[New  section  added  May  10,  1917;  Stats.  1917,  p.  301.] 

ACT  4067f. 

An  act  to  regulate  and  limit  the  amount  that  may  be  produced  by  tax 
levies  in  the  aggregate  by  political  subdivisions  of  this  state,  creat- 
ing a  state  board  of  authorization,  providing  for  the  making  and 
filing  of  budgets  by  such  subdivisions,  and  repealing  all  acts  and 
parts  of  acts  in  conflict  with  this  act. 

[Approved  May  31,  1917.     Stats.  1917,  p.  1402.     In  effect  July  30,  ]917.] 

The  operation  of  this  statute  has  been  suspended  by  a  referendum 
petition  filed  in  the  office  of  the  secretary  of  state  July  26,  1917.  The 
act  will  be  voted  on  at  any  general  election  or  at  any  special  election 
that  may  be   sooner   called  by  the   governor. 

§  1.  Terms  defined,  (a)  For  the  purposes  of  this  act  the  term  "politi- 
cal subdivision"  shall  mean,  refer  to  and  include  counties,  cities,  towns, 
and  all  other  subdivisions  of  this  state  which  have  or  shall  hereafter 
have  power  to  make  tax  levies;  the  term  "governing  body"  shall  mean, 
refer  to  and  include  the  body,  board,  commission  or  council,  by  whatever 
name  the  same  may  be  designated  in  legislative  act  or  local  charter, 
which  has  and  exercises  the  power  of  a  political  subdivision  to  levy  taxes 
therein;  and  the  term  "estimate"  shall  mean,  refer  to  and  include  any 
and  all  estimates,  statements  or  calculations  required  by  legislative  act 
or  local  charter  to  be  made  or  prepared  and  filed  with  or  submitted  to  a 
governing  body  for  the  purpose  of  obtaining  from  such  governing  body 
a  levy  or  levies  of  taxes  to  produce  all  or  any  part  of  the  amount  of 
money  specified  therein;  and  the  term  "year"  shall  mean  and  refer  to 
fiscal  year. 

(b)  Amount  produced  by  tax  levies.  The  amount  produced  in  a  pre- 
ceding year  or  the  amount  to  be  produced  in  a  current  or  ensuing  year 
by  tax  "levies  by  the  governing  body  of  any  political  subdivision  shall 
be  ascertained  by  multiplying  the  total  assessed  taxable  value  of  each 
district  within  such  subdivision  by  the  total  rate  of  tax  levied  or  to  be 
levied  in  such  district,  and  the  sum  of  these  products  shall  be  taken  as 
the  amount  produced  or  to  be  produced  in  such  political  subdivision; 
provided,  that  from  the  amount  produced,  as  so  ascertained,  there  shall 


Act406?f,  §§2-5  GExXEKAL    LAWS.  1308 

be  deducted  the  amount  by  which  the  production  of  any  interest  or  bond 
levy  will  be  decreased  in  the  current  year  by  reason  of  the  payment,  in 
whole  or  in  part,  of  bonds  of  a  subdivision  prior  to  the  time  of  levying 
taxes  therein  for  such  current  year,  and  the  remainder  shall  be  taken 
as  the  amount  produced. 

§  2.  Maximum  limit  on  rate.  In  every  case  in  which  a  maximum 
limit  upon  the  rate  of  any  tax  levy  permitted,  directed  or  authorized  to 
be  made  by  the  governing  body  of  any  political  subdivision  is  now  or 
may  hereafter  be  prescribed  by  legislative  act  or  charter,  such  maximum 
limit  shall  remain  as  so. prescribed  and  shall  not  be  construed  to  be 
increased  by  any  of  the  provisions  of  this  act. 

§3.  Statement  by  officer  of  estimated  amount  needed.  Change  by 
governing  body.  Xot  less  than  ninety  days  before  the  day  prescribed 
by  legislative  act  or  charter  for  the  governing  body  of  a  political  sub- 
division to  fix  the  rates  of  taxes  to  be  levied  therein,  each  ofl&cer  thereof 
shall  file  with  the  governing  body,  in  duplicate  and  upon  a  form  or  forms 
to  be  prescribed  as  hereinafter  provided,  a  statement  showing  the  income 
and  expenditures  of  his  office  for  the  last  two  fiscal  years  immediately 
preceding,  the  estimated  amount  of  money  needed  for  his  office  for  each 
and  every  purpose  for  the  next  fiscal  year,  and  such  other  information 
as  the  said  form  or  forms  may  call  for.  Such  statements  so  filed  as 
aforesaid  shall  be  used  by  the  governing  body  for  tTie  purpose  of  mak- 
ing up  the  budget  of  its  political  subdivision  for  the  ensuing  fiscal  year. 

The  amount  proposed  to  be  produced  by  any  special  levy  of  taxes, 
and  any  estimate  of  the  amount  of  money  required  or  needed  for  any 
purpose  filed  with  or  submitted  to  the  governing  body  of  any  political 
subdivision  for  the  purpose  of  obtaining  a  levy  or  levies  of  taxes  to  pro- 
duce the  amount  of  money  therein  specified,  may  be  revised  and  changed 
in  whole  or  in  part  by  the  governing  body  with  which  the  same  is  so 
filed  or  to  which  it  so  so  submitted. 

§  4.  State  board  of  authorization  created,  A  state  board  of  authoriza- 
tion is  hereby  created  for  the  purpose  of  determining  whether  an  emer- 
gency or  urgent  necessity  exists  by  reason  of  which  any  political  sub- 
division may  make  tax  levies  that  will  produce  an  amount  greater  than 
the  amount  limited  by  section  six;  to  proscribe  the  forms  mentioned  in 
section  three;  and  to  have  such  other  powers  and  duties  as  are  herein- 
after vested  therein.  The  members  of  the  said  board  shall  be  the  state 
controller,  the  chairman  of  the  state  board  of  control,  the  chairman  of 
the  state  board  of  equalization  and  two  other  persons  in  the  service  of 
tlie  state  to  be  appointed  by  the  governor,  one  of  whom  shall  be  a  mem- 
))er  of  the  state  board  of  control.  The  members  of  the  state  board  of 
aiitliorization  shall  organize  by  electing  a  chairman  and  a  secretary  from' 
llieir  own    iiuiiit)i'r. 

§  5.  Budget  of  political  subdivision  filed  with  board.  Not  less  than 
sixty  days  prior  to  the  tiiix'  iirescrihed  by  Icgishitive  act  or  charter  for 
the  governing  body  of  a  [toliticul  sulxlivision  to  determine  u]ion  and  fix 
tlio  rates  of  tux  levies  tlicroiii,  such  governing  body  sliall   file  with  the 


1309  TAx^vnoN.  Act4067f,  §§  6-8 

state  board  of  antlioriziitioii  a  copy  of  the  statenient  theretofore  tiled 
with  it  by  each  officer  as  required  by  section  three,  and  also,  upon  such 
form  or  forms  as  the  state  board  of  authorization  may  prescribe,  the 
budget  of  such  political  subdivision  for  the  ensuing  fiscal  year.  Such 
l)udget  shall  show  the  income  and  expenditures  of  such  political  subdi- 
vision for  the  last  two  fiscal  years  immediately  preceding,  the  estimated 
expenditures  for  each  and  every  purpose  for  the  ensuing  fiscal  year,  an 
estimate  of  income  for  the  ensuing  fiscal  year  from  sources  other  than 
taxation,  the  rate  of  each  tax  levy  proposed  to  be  made  for  such  ensuing 
year,  and  such  other  facts  and  information  as  tlie  state  board  of  author- 
ization may  require. 

§  6.  No  increase  in  excess  of  five  per  cent.  No  governing  body  of  any 
political  subdivision  shall  in  any  year  make  tax  levies  which,  in  the 
aggregate,  will  produce  an  amount  more  than  five  per  cent  in  excess  of 
the  amount  produced  by  tax  levies  made  thereby  during  the  year  imme- 
diately preceding,  except  as  hereinafter  provided. 

§  7.  Approval  by  board.  The  state  board  of  authorization  shall  ex- 
amine such  budgets,  proposed  tax  levies  and  other  matter  filed  as  required 
by  section  five,  and,  after  public  hearing  thereon,  shall  approve  the  pro- 
posed tax  levies  if  the  amount  the  same  will  produce  will  not  exceed 
the  amount  limited  by  section  six;  otherwise  it  shall  disapprove  svich 
proposed  levies,  giving  its  reasons  therefor,  and  return  them  and  the 
budget  to  the  proper  governing  body  to  be  corrected  and  revised  by  it  in 
accordance  with  the  reasons  given,  to  the  end  that  the  amount  that  will 
be  produced  thereby  shall  not  exceed  the  amount  limited  by  section  six. 
In  correcting  or  revising  any  proposed  levies  or  budget  so  returned  for 
correction  or  revision  the  governing  body  shall  make  due  provision  in  any 
event  first  for  the  principal  and  interest  of  bonded  indebtedness  and 
second  for  the  support  and  maintenance  of  the  public  schools.  No  taxes 
shall  be  collected  under  any  levy  by  the  governing  body  of  a  political 
subdivision  until  after  such  levy  shall  have  been  approved  or  corrected 
and  revised  as  in  this  section  required. 

§  8.  Request  to  make  levies  producing  excess  amount.  In  ease  of 
emergency  or  urgent  necessity  which,  in  the  judgment  of  a  governing 
body  requires  the  making  of  tax  levies  which,  in  the  aggregate,  will  pro- 
duce an  amount  more  than  five  per  cent  in  excess  of  the  amount  pro- 
duced by  tax  levies  made  thereby  in  the  year  immediately  preceding,  such 
fact  shall  be  set  forth  in  the  form  of  a  special  request,  containing  a 
description  of  such  emergency  or  urgent  necessity  and  a  statement  of  the 
amount  in  dollars  of  the  desired  excess,  and  filed  with  the  state  board  of 
authorization.  As  soon  as  may  be  after  receiving  such  special  request  the 
state  board  of  authorization  shall  publicly  hear  and  determine  the  same 
under  such  rules  as  it  may  prescribe.  If  the  state  board  of  authorization 
shall  be  of  opinion  that  such  emergency  or  urgent  necessity  exists  it  shall 
specifically  authorize  the  making  of  tax  levies,  which,  in  the  aggregate, 
will  produce  such  excess  amount;  if  it  shall  not  be  of  such  opinion  it  shall 
so  state,  giving  its  reasons  therefor;  and  its  decision  shall  be  final  unless 
changed  by  the  voters  as  provided  in  section  nine. 


Act  iOBTf,  §§  9,  10  GENERAL    LAWS.  1310 

§  9.  Petition  to  call  special  election.  Notice.  Ballots.  Three-fifths 
vote  reciuired.  Witliiu  teu  days  after  the  date  of  the  order  or  decision 
of  the  state  board  of  authorization  on  any  special  request  filed  as  re- 
quired in  the  preceding  section,  a  petition  may  be  filed  with  the  clerk 
or  recording  officer  of  the  governing  body  of  the  political  subdivision 
affected  thereby,  asking  that  a  special  election  be  called  by  such  govern- 
ing body  to  determine  the  question  of  whether  such  order  or  decision 
shall  stand  as  final.  If  said  petition  is  signed  by  not  less  than  fifteen 
per  cent  of  the  electors  of  such  subdivision  resident  therein  for  the 
period  requisite  to  enable  them  to  vote  at  a  general  election,  the  govern- 
ing body  with  which  the  same  is  filed  shall  call  the  special  election  there- 
in requested  by  publishing  notice  thereof  in  a  daily  paper,  published  in 
such  subdivision,  for  five  consecutive  days  before  the  same  is  held.  If 
no  daily  paper  is  published  therein,  such  notice  shall  be  posted  in  at  least 
fifty  of  the  most  public  places  in  such  subdivision  for  at  least  five  con- 
secutive days  before  the  day  of  the  election.  Such  notice  must  specify 
the  time,  place  or  places,  and  the  purpose  of  said  special  election  and  the 
hours  during  which  the  polls  will  be  kept  open.  Said  election  shall  be 
conducted  in  accordance  with  the  general  election  laws  of  this  state, 
where  applicable  and  not  in  conflict  herewith.     The  ballots  shall  contain 

the   question   "Shall  (naming   the  political   subdivision)    make   tax 

levies   in   the   year (naming   the   fiscal   year)    which    will   produce 

dollars  (naming  in  words  and  figures  the  total  sum  desired  to  be 
produced,  including  the  exact  amount  of  increase  requested  of  the  board 
of  authorization,  in  excess  of  the  amount  produced  in  the  year  imme- 
diately preceding)   more  than  the  amount  produced  by  all  tax  levies  in 

the   year   (naming   the   last   preceding   fiscal   year)  ?"     Under   said 

question  there  shall  be  printed  two  squares,  one  above  the  other.  Above 
the  first  square  there  shall  be  printed  the  word  "yes,"  and  above  the 
second  the  word  "no."  Each  voter  shall  indicate  his  vote  by  marking  or 
stamping  a  cross  (X)  in  the  proper  square.  Every  elector  resident 
within  the  political  subdivision  for  the  period  requisite  to  enable  him  to 
vote  at  a  general  election  shall  be  entitled  to  vote  at  the  election  herein 
provided  for.  The  votes  cast  shall  be  canvassed  as  expeditiously  as  is 
practicable  and  if  not  less  than  three-fifths  of  the  votes  cast  shall  be  in 
the  affirmative  the  governing  body  of  the  subdivision  in  which  the  elec- 
tion was  held  shall  have  power  to  make  tax  levies  for  the  ensuing  year 
which,  in  the  aggregate,  will  produce  the  amount  stated  on  the  ballots 
in  excess  of  the  amount  produced  during  the  year  preceding;  but  if  the 
number  of  votes  cast  in  the  affirmative  shall  be  less  than  three-fifths  of 
all  the  votes  cast  at  such  election,  the  governing  body  shall  not  have 
such  power.  Such  election  must  be  held  within  fifteen  days  after  the 
filing  of  a  proper  petition  therefor.  The  result  of  such  election,  with  a 
statement  of  the  total  numV>er  of  votes  cast  and  the  total  number  of 
affirmative  and  negative  votes,  shall  be  forthwith  recorded  in  the  min- 
utes of  the  governing  body  and  certified  to  the  board  of  authorization. 
Tax  levies  made  pursuant  to  the  decision  of  an  election  held  as  pro- 
vided in  this  paragraph  .shall  not  require  approval  by  the  state  board 
of  authorization. 

§  10.  When  boundaries  of  political  subdivision  changed.  During  the 
lirst  year  after  the  boundaries  of  any  political  subdivision  are  changed 


1311  TAXATION.  Act4067f,  §ni-35 

to  include  or  exclude  in  whole  or  in  jjart  property  theretofore  included 
in  another  political  subdivision,  no  greater  amount  may  be  produced  by 
tax  levies  upon  property  within  such  new  boundaries  than  the  amount 
produced  by  tax  levies  thereon  in  the  year  immediately  preceding,  plus 
five  per  cent,  without  special  request  and  authorization  as  provided  in 
section  eight  hereof. 

§  11.  Excess  amount  excluded  in  estimate  for  ensuing  year.  The 
amount  of  any  increase  or  excess,  over  the  normal  increase  permitted 
by  section  six  hereof,  authorized  by  the  state  board  of  authorization 
after  special  request  therefor,  or  by  the  voters  as  provided  in  section 
nine,  shall  be  excluded  in  determining  the  amount  that  may  bo  produced 
in  an  ensuing  year  without  such  special  authorization  or  election. 

§  12.  Procedure  prescribed  by  board.  The  time,  manner,  form,  con- 
tents of  and  procedure  on  special  applications  and  requests  to  the  statfe 
board  of  authorization  under  this  act  shall  be  prescribed  by  the  said 
board,  and  all  rules  or  orders  prescribing  the  same  may  be  modified  or 
amended  at  any  time.  In  the  event  any  order  is  made  by  the  state 
board  of  equalization  under  the  provisions  of  section  three  thousand 
seven  hundred  five  of  the  Political  Code,  the  state  board  of  authoriza- 
tion shall  have  power  by  order,  in  the  event  it  deems  it  advisable  so  to 
do,  to  change  any  time  requirement  of  this  act  so  as  to  adjust  the  per- 
formance of  duties  under  this  act  by  governing  bodies,  and  the  petition- 
ing for,  publication  of  notice  for,  holding  of,  and  certification  of  the 
results  of  elections  held  hereunder  to  meet  any  change  of  time  so  as 
aforesaid  authorized  by  the  state  board  of  equalization. 

§  13.  Application  of  percentage  limitation.  The  percentage  limitation 
provided  for  in  sections  six  and  eight  shall  apply  to  and  restrict  the 
amount  produced  or  to  be  produced  by  the  aggregate  of  all  tax  levies 
that  the  governing  body  of  any  political  subdivision  has  or  shall  here- 
after have  power  to  make,  or  that  it  is  its  duty  to  make,  for  any  pur- 
pose whatsoever. 

In  no  event  shall  this  act  be  construed,  either  in  whole  or  in  part,  to 
permit  the  governing  body  of  any  political  subdivision  to  make  a  levy 
of  taxes  for  any  purpose  at  a  rate  higher  than  the  rates  prescribed  in 
section  two. 

§  14.  City,  etc.,  may  become  subject  to  act.  This  act  shall  apply  only 
to  counties  and  to  the  governing  bodies  thereof;  provided,  any  city,  city 
and  county  or  other  political  subdivision  maj^  by  resolution  of  its  gov- 
erning body  declaring  its  intention  so  to  do,  subject  such  political  sub- 
division and  such  governing  body  to  all  the  terms,  conditions,  limitations 
and  requirements  hereof  by  filing  a  certified  copy  of  such  resolution  with 
the  state  board  of  authorization.  From  and  after  the  filing  with  the 
state  board  of  authorization  of  a  certified  copy  of  the  resolution  herein 
provided  for,  the  governing  body  so  passing  the  same  and  its  political 
subdivision  shall  be  subject  in  all  respects  and  particulars  to  the  pro- 
visions, conditions,  requirements  and  limitations  of  this  act. 

§  15.  Minimum  limits  abolished.  Repealed.  In  all  lases  in  which 
levies  of  taxes  by  any  political  subdivision  are  permitted,  authorized  or 


Act  4067g,  §§  1,  2  GENERAL    LAWS.  1312 

directed  to  be  made  and  the  miniiiuun  limits  tlicreof  or  the  niiuimum 
amount  or  amounts  that  shall  be  raised  thereby  are  expressed  in  terms 
of  mills,  cents,  dollars,  per  cent  of  assessed  value,  or  in  dollars  per 
capita  or  other  unit,  such  minimum  limits  and  each  thereof  are  hereby 
expressly  abrogated  and  abolished.  All  acts  and  parts  of  acts  in  con- 
flict with  this  act  are  hereby  lepealed. 

ACT  -iOeTg. 

An  act  to  provide  for  the  paj-meut  into  the  county  treasurj-  of  any 
moneys  now  held  by  county  tax  collectors  which  represent  duplicate 
or  excess  payments  of  taxes  on  property  in  their  respective  counties, 
and  to  provide  for  the'  distribution  and  repayment  of  such  mone^'S 
when  so  paid,  and  to  provide  for  the  payment,  repayment  and  dis- 
tribution of  any  duplicate  or  excess  collections  which  may  be  made 
hereafter. 

[Approved  April  12,  1917.     Stats.  ]9r7,  p.  116.     In  effect  July  27,  1917.] 

§  1.  County  tax  collector  to  pay  excess  taxes  to  treasurer.  It  shall  be 
the  duty  of  every  county  tax  collector,  within  thirty  days  after  this 
act  takes  effect,  to  pay  into  the  treasury  of  his  county  any  moneys  which 
said  tax  collector  may  have  on  hand,  representing  duplicate  or  excess 
payments  of  taxes  on  property  within  his  county,  including  such  as  may 
have  been  collected  during  a  previous  term  or  terms,  as  well  as  during 
his  present  term  of  office.  If  the  records  of  the  tax  collector  show  the 
fact,  there  shall  be  filed  with  the  county  auditor  at  the  time  of  such 
payment  a  description  of  each  piece  of  property  for  which  such  duplicate 
tax  payments  were  collected  and  the  amount  of  the  tax  collected  for 
each  such  piece  of  property  in  excess  of  the  tax  regularly  levied  and 
collected  on  such  proiierty  in  any  one  year. 

§  2.  Recovery  of  excess  payments.  Allowance  of  claim.  Within  five 
years  from  the  time  of  such  payment  into  the  county  treasury  by  the 
tax  collector,  any  person  holding  a  tax  receipt  showing  the  payment 
to  a  county  tax  collector  of  taxes  in  any  one  year  on  any  given  prop- 
erty in  the  county  in  excess  of  the  taxes  w'hich  have  been  regularly 
levied  and  collected  upon  said  property  for  said  year,  may  recover  the 
excess  over  and  above  the  tax  regularly  levied  and  collected  on  such 
property  for  such  year,  by  filing  with  the  board  of  supervisors  a  claim 
therefor,  and  surrendering  with  such  claim  the  tax  receipt  for  such  ex- 
cess payment.  If  the  duplicate  payment  of  taxes  in  excess  of  the  regu- 
larly levied  taxes  shall  have  been  paid  by  different  persons,  the  party 
first  filing  such  claim  and  receipt  for  the  excess  payment,  shall  be  en- 
titled to  the  refund.  If,  u])on  examination  by  the  board  of  supervisors, 
it  is  found  that  such  claim  has  been  filed  within  the  five  years  and 
represents  a  payment  in  excess  of  the  taxes  regularly  levied  and  col- 
lected for  any  given  ])iece  of  property  in  the  county  for  any  given  year 
and  the  amount  thereof  has  been  paid  into  the  county  treasury  by  the 
fax  collector  as  aforesaid,  the  board  of  supervisors  shall  allow  the  said 
cl.'iiui   for  the  excess  paynu'nt  to  the  person  (Mitiflcd   t]i(M'(>to. 


1313  TAXATION.  Aets40B7h,  40()7i,  n 

§3.  Moneys  credited  to  general  fund.  All  moiicys  i)aiil  t(j  the  county 
treasurer  by  the  county  tax  collector  as  herein  provided,  shall  be  placed 
to  the  credit  of  the  general  fund  of  the  county. 

§4.  Duty  of  tax  collector.  Whenever  any  duplicate  or  excess  pay- 
ment of  taxes  is  made  hereafter,  it  shall  be  the  duty  of  the  tax  collector 
to  retain  same  for  thirty  days  and  if  not  refunded  as  hereinafter  pro- 
vided to  pay  the  same  into  the  county  treasury  on  the  first  Monday  of 
each  month  thereafter,  and  at  the  same  time  file  with  the  county  auditor 
a  description  of  the  property  upon  which  said  taxes  have  been  collected, 
tlie  excess  amount  collected  for  each  piece  so  described  and  the  name; 
of  the  person  to  whom  the  property  is  assessed  at  the  time  siicn  excess 
payment  is  made.  Such  duplicate  or  excess  payment  of  taxes  shall  be 
placed  to  t"he  credit  of  the  general  fund  of  the  county  and  within  five 
years  the  party  making  the  same,  or  in  the  event  the  payments  are  made 
by  different  parties,  the  party  first  filing  his  claim  therefor  in  the  man- 
ner and  form  hereinbefore  provided,  may  secure  a  refund  of  such  dupli- 
cate or  excess  payment;  provided,  however,  that  during  such  thirty- 
day  period,  the  tax  collector  may  adjust  any  mistakes  in  the  payment 
of  taxes  by  returning  to  the  party  or  parties,  making  such  duplicate  or 
excess  payments  the  amount  thereof. 

§5.  Suit  by  district  attorney.  If  any  tax  collector  shall  refuse  to 
comply  with  the  provisions  of  this  act,  the  district  attorney  of  the 
county  is  hereby  authorized  to  begin  suit  against  the  county  tax  collector 
to  recover  any  sums  in  the  possession  of  said  county  tax  collector  repre- 
senting said  duplicate  or  excess  payment  of  taxes,  and  the  statute  of 
limitations  shall  not  be  a  defense  to  the  maintenance  of  any  such  action. 

ACT  4067h. 

An  act  permitting  daily  payment  into  the  county  treasury  of  duplicate 
or  excess  payments  of  taxes  made  to  the  tax  collector  and  provid- 
ing for  the  refund  of  such  payments. 

[Approved  May  5,  1917.     Stats.   1917,  p.  248.     In  effect  July  27,   1917.] 

§  1.  Daily  payments  of  excess  taxes.  The  county  tax  collector,  not- 
withstanding the  provisions  of  any  other  statute  enacted  at  the  forty- 
second  session  of  the  legislature  of  this  state,  may  pay  daily  into  the 
county  treasury  under  the  provisions  of  section  four  thousand  one  hun- 
dred one  a  of  the  Political  Code  all  duplicate  or  excess  payments  of  taxes 
hereafter  made  to  him  on  property  within  the  county;  and  all  such 
duplicate  and  excess  payments  so  paid  into  the  county  treasury  shall  be 
sulDJect  to  refund  under  the  provisions  of  section  three  thousand  eight 
hundred  four  of  the  Political  Code. 

ACT  4067  i. 

An  act  to  provide  for  the  assessment,  levy  and  collection  of  taxes  for 
the  support  of  the  state  government  for  the  sixty-ninth  and  seven- 
tieth fiscal  years. 

[Approved  May   14.   1917.     Stats.   1917,   ]i.   47ii.     In   effect   immediately.] 

§  1.     Assessment  and  tax  levy  for  support  of  state  government.     Sum 
to   be    raised    for    sixty-ninth   fiscal    year.     Ad    valorem    rate    to    meet 
83 


Act  4067i,  §  2  general  laws.  1314 

deficiency.  The  state  board  of  equalization  sliall,  between  the  first 
Monday  in  March  and  the  first  Monday  in  July  in  the  year  one  thou- 
sand nine  hundred  seventeen,  for  the  support  of  the  state  government 
assess  and  levy  taxes  upon  the  property  in  the  manner  and  upon 
the  rates  of  taxation  as  provided  for  in  the  subdivisions  a,  b,  c,  and  d, 
of  section  fourteen  of  article  thirteen  of  the  constitution  of  the  state  of 
California,  or  if  any  rate  of  taxation  shall  have  been  changed  by  the 
legislature  pursuant  to  subdivision  f  of  said  section  an'd  article,  then 
upon  such  rate  of  taxation  as  so  changed  and  fixed,  for  the  purpose  of 
raising  the  sum  of  tw^enty  million  four  hundred  sixty  thousand  dollars 
for  annual  expenditure  for  the  support  of  the  state  government  for  the 
sixty-ninth  fiscal  year,  and  in  the  event  that  the  taxes  so  assessed  and 
levied,  together  with  all  available  revenues  other  than  those  revenues 
required  by  law  to  be  used  for  special  uses,  shall  not  raise  said  sum  of 
twenty  million  four  hundred  sixty  thousand  dollars,  then  said  above- 
named  revenues  shall  be  deemed  insufficient  to  meet  the  annual  ex- 
penditures of  the  state  for  the  sixty-ninth  fiscal  year,  which  deficiency 
is  hereby  declared  to  be  the  difference  between  the  amount  of  taxes 
assessed  and  levied  upon  the  property  and  in  the  manner  and  upon  the 
rates  of  taxation  hereinbefore  specified,  together  with  all  other  state 
revenues,  other  than  those  revenues  required  by  law  to  be  used  for 
special  uses,  and  said  sum  of  twenty  million  four  hundred  sixty  thousand 
dollars,  then  said  state  board  of  equalization,  in  accordance  with  the 
provisions  of  subdivision  e  of  said  section  fourteen  of  article  thirteen 
of  the  constitution  of  the  state  of  California,  at  the  time  provided  in 
section  three  thousand  six  hundred  ninety-six  of  the  Political  Code, 
shall  fix  such  an  ad  valorem  rate  of  taxation  for  the  said  sixty-ninth 
fiscal  year  upon  each  one  hundred  dollars  in  value  of  taxable  property, 
upon  all  the  property  in  the  state  of  California  not  exempt  from  taxa- 
tion under  the  law  and  subject  to  taxation  for  state  purposes  on  the 
seventh  day  of  November  in  the  year  one  thousand  nine  hundred  ten, 
as,  after  allowing  five  per  cent  for  delinquencies,  will  raise  for  said 
sixty-ninth  fiscal  year  the  amount  of  said  deficiency. 

§  2.  Sum  to  be  raised  for  seventieth  fiscal  year.  Ad  valorem  rate  to 
meet  deficiency.  The  state  board  of  equalization  shall,  between  the  first 
Monday  in  March  and  the  first  Monday  in  July  in  the  year  one  thousand 
nine  hundred  eighteen,  for  the  support  of  the  state  government,  assess 
and  levy  taxes  upon  the  property  in  the  manner  and  upon  the  rates  of 
taxation  as  provided  for  in  subdivisions  a,  b,  c,  and  d,  of  section  fourteen 
of  article  thirteen  of  the  constitution  of  the  state  of  California,  or  if 
any  rate  of  taxation  shall  have  been  changed  by  the  legislature  pur- 
suant to  subdivision  /  of  said  section  and  article,  then  upon  such  rate 
bf  taxation  as  so  changed  and  fixed  by  the  laws  now  in  force,  for  the 
purpose  of  raising  the  sum  of  twenty-one  million  one  hundred  forty 
thousand  dollars  for  annual  expenditure  for  the  support  of  the  state 
government  for  the  seventieth  fiscal  year;  and  in  the  event  that  the 
taxes  so  assessed  and  levied,  together  with  nil  available  revenues  other 
than  those  revenues  required  by  law  td  l)o  used  for  special  uses,  shall 
not   raise   said   sum   of   twcntj'-one   million   one   hundred   forty   thousand 


1315  TENEMENT  HOUSES.  Acts  4067J,  4098 

dollars,  then  said  above-named  revenues  shall  be  deemed  insufReient  to 
meet  the  annual  expenditures  of  the  state  for  the  seventieth  fiscal  year, 
which  deficiency  is  hereby  declared  to  be  the  difference  between  the 
amount  of  taxes  assessed  and  levied  upon  the  property  and  in  the  man- 
ner and  upon  the  rates  of  taxation  as  hereinbefore  specified,  together 
with  all  other  state  revenues,  other  than  those  revenues  required  by 
law  to  be  used  for  special  uses,  and  said  sum  of  twenty-one  million  one 
hundred  forty  thousand  dollars,  then  said  state  board  of  equalization,  in 
accordance  with  the  provisions  of  subdivision  c  of  said  section  fourteen 
of  article  thirteen  of  the  constitution  of  the  state  of  California,  at  the 
time  provided  in  section  three  thousand  six  hundred  ninety-six  of  the 
Political  Code,  shall  fix  such  an  ad  valorem  rate  of  taxation  for  said 
seventieth  fiscal  year  upon  each  one  hundred  dollars  in  value  of  taxable 
property,  upon  all  the  property  of  the  state  of  California  not  exempt 
from  taxation  under  the  law  and  subject  to  taxation  for  state  jjurposes 
on  the  seventh  day  of  November  in  the  year  one  thousand  nine  hundred 
ten,  as,  after  allowing  five  per  cent  for  delinquencies,  will  raise  for  said 
seventieth  fiscal  year,  the  amount  of  said  deficiency. 

§  3.     Tax  to   meet  deficiency  levied  on  what  property.     Any  tax   so 

levied  and  collected  to  meet  a  deficiency  in  state  revenues  for  either  of 
said  fiscal  years  shall  be  assessed,  levied  and  collected  on  all  property  in 
the  state,  not  exempt  from  taxation,  including  the  classes  of  property 
enumerated  in  section  fourteen  of  article  thirteen  of  the  constitution  of 
this  state,  under  the  provisions  of  the  Political  Code  relating  to  the 
assessment,  levy  and  collection  of  state  and  county  taxes  as  said  pro- 
visions were  in  force  on  the  seventh  day  of  November  in  the  year  one 
thousand  nine  hundred  ten. 

§  4.  In  effect  immediately.  This  act,  inasmuch  as  it  provides  for  a 
tax  levy  for  the  usual  current  expenses  of  the  state  shall,  under  the  pro- 
visions of  section  one  of.  article  four  of  the  constitution  of  the  state  of 
California,  take  effect  immediately. 


TITLE  564. 

TEHAMA  COUNTY. 
ACT  4067J. 

Charter  of.      [Stats.  1917,  p.  1877.] 

TITLE  567. 

TENEMENT  HOUSES. 
ACT  4098. 

An  act  to  regulate  the  building  and  occupancy  of  tenement  houses  in  in- 
corporated towns,  incorporated  cities,  and  cities  and  counties,  and  to 
provide  penalties  for  the  violation  thereof  and  repealing  an  act  en- 
■     titled,  "An  act  to  regulate  the  building  and  occupancy  of  tenement 
houses   in    incorporated    towns,    incorporated    cities,    and    cities    and 


Act  4098a,  §§  1, 2  general  laws.  1,316 

counties,  and  to  pa-ovide  penalties  for  the  violation  thereof,"  ap- 
proved April  16,  1909,  Statutes  of  California  of  19U9,  page  948.  [Ap- 
proved April   10,   1911.     Stats.   1911,  p.  8G0.J 

The  entire  act  was  amended  June  13,  1913j  Stats.  1913,  p.  737;  and 
again  May  29,  1915;  Stats.  1915,  p.  952.  Repealed  1917;  Stats.  1917, 
p.   1173.     See  next  act. 

ACT  1098a. 

An  act  to  regulate  the  erection,  construction,  reconstruction,  moving, 
alteration,  maintenance,  use  and  occupancy  of  tenement  houses,  and 
the  maintenance,  use  and  occupancy  of  the  premises  and  land  on 
which  tenement  houses  are  erected  or  located,  in  all  parts  of  the 
state  of  California,  including  incorporated  towns,  incorporated  cities, 
and  incorporated  cities  and  counties,  and  to  provide  penalties  for 
the  violation  thereof;  and  repealing  an  act  entitled  "An  act  to  regu- 
late the  building  and  occupancy  of  tenement  houses  in  incorporated 
towns,  incorporated  cities,  and  cities  and  counties,  and  to  provide 
penalties  for  the  violation  thereof,  and  repealing  an  act  entitled  'An 
act  to  regulate  the  building  and  occupancy  of  tenement  houses  in 
incorporated  towns,  incorporated  cities,  and  cities  and  counties,  and 
to  provide  penalties  for  the  violation  thereof,'  approved  April  16, 
1909,  Statutes  of  California  of  1909,  page  948,"  approved  April  10, 
1911,  Statutes  of  California  of  1911,  page  860,  and  approved  June 
13,  1913,  Statutes  of  California,  1913,  page  737,  and  approved  May 
29,  1915,  Statutes  of  California,  page  952,  and  all  acts  amendatory 
thereof. 

[Approved  May  31,  1917.     Stats.  1917,  p.  1473.     In   effect  September   1, 

1917.] 

§  1.  Title.  This  act  shall  be  known  as  the  "state  tenement  house 
act"  and  its  provisions  shall  apply  to  all  parts  of  the  state  of  California, 
including  incorporated  towns,  incorporated  cities,  and  incorporated  cities 
and  counties. 

§  2.  Duty  of  building  department.  Duty  of  housing  department.  In 
case  no  such  departments.  Enforcement.  Power  of  commission  of  immi- 
gration and  housing.  It  shall  be  tlie  duty  of  the  "building  department" 
of  every  incorporated  town,  incorporated  city,  and  incorporated  city  and 
county,  to  enforce  all  the  provisions  of  this  act  pertaining  to  the  erec- 
tion, construction,  reconstruction,  moving,  conversion,  alteration  and 
arrangement  of  tenement  houses  and  to  issue  the  certificate  of  "final 
completion"  hereinafter  provided. 

It  shall  be  the  duty  of  the  "housing  department"  or  if  there  is  no 
housing  department  the  health  department  of  every  incorporated  town, 
incorporated  city,  and  incorporated  city  and  county  to  enforce  all  of 
the  provisions  of  this*act  pertaining  to  the  maintenance,  sanitation,  ven- 
tilation, use  and  occupancy  of  tenement  houses  after  said  tenement 
houses  have  been  erected,  constructed,  or  altered,  as  the  case  may  be, 
and  the  certificate  of  "final  completion"  has  been  issued  by  the  build- 
ing department,  and  to  issue  the  "permit  of  occupancy"  as  hereinafter 
provided. 


1317  TENEMENT  HOUSES.  Act  4098a,  §  3 

In  the  event  that  there  is  no  building  department  or  no  housing  de- 
partment or  health  department  in  an  incorporated  town,  incorporated 
city  or  incorporated  city  and  county,  it  shall  be  the  duty  of  the  officer 
or  officers  who  are  charged  with  the  enforcement  of  ordinances  and  laws 
regulating  the  erection,  construction  or  alteration  of  buildings,  or  the 
maintenance,  sanitation,  ventilation  or  occupancy  of  buildings,  or  of  the 
police,  fire  or  health  regulations  in  said  incorporated  town,  incorporated 
city  or  incorporated  city  and  county  to  enforce  all  of  the  provisions  of 
this  act. 

In  every  county  it  shall  be  the  duty  of  the  officer  or  officers  who  are 
charged  with  the  enforcement  of  ordinances  or  laws  regulating  the  erec- 
tion, construction  or  alteration  of  buildings,  or  of  the  maintenance,  sani- 
tation, occupancy  and  ventilation  of  buildings,  or  of  the  police,  fire  or 
health  regulations  in  said  county,  to  enforce  all  of  the  provisions  of  this 
act  outside  of  the  limits  of  any  incorporated  town  or  incorporated  city. 

Every  incorporated  town,  incorporated  city,  or  incorporated  city  and 
county  in  the  state  of  California  shall  have,  and  it  is  hereby  empowered 
and  given  authority  to  designate  and  charge  by  ordinance  any  other 
department  or  officer  than  the  department  or  officers  mentioned  herein, 
with  the  enforcement  of  this  act,  or  any  portion  thereof. 

The  commission  of  immigration  and  housing  of  California  shall  have, 
and  it  is  hereby  empowered  and  given  authority  to  enforce  the  provi- 
sions of  this  act,  which  do  not  pertain  to  the  actual  erection,  construc- 
tion, reconstruction,  moving,  alteration  or  arrangement  of  tenement 
houses  in  all  incorporated  towns,  incorporated  cities  and  incorporated 
cities  and  counties,  and  counties  in  the  state  of  California,  whenever 
said  commission  finds  or  discovers  a  violation  or  violations  of  the  pro- 
visions of  this  act  and  notifies  the  local  department  or  officer,  or  depart- 
ments or  officers  who  are  charged  with  the  enforcement  of  the  provisions 
of  this  act,  in  writing,  of  such  violation  or  violations,  and  the  said  local 
department  or  officer,  or  departments  or  officers,  fail,  neglect  or  refuse 
to  enforce  the  provisions  of  the  said  act  within  thirty  days  thereafter; 
provided,  however,  that  the  said  commission  of  immigration  and  housing 
of  California  shall  enforce  the  provisions  of  this  act  only  in  the  instances 
specified  in  said  written  notice. 

§3.  Unlawful  to  construct  tenement  house  contrary  to  act.  It  shall 
be  unlawful  for  any  person,  firm  or  corporation,  whether  as  owner,  agent, 
contractor,  builder,  architect,  engineer,  superintendent,  foreman,  plumber, 
tenant,  lessee,  lessor,  occupant,  or  in  any  other  capacity  whatsoever,  to 
erect,  construct,  reconstruct,  alter,  build  upon,  move,  convert,  use,  occupy 
or  maintain,  or  to  cause,  permit  or  suffer  to  be  erected,  constructed, 
reconstructed,  altered,  built  upon,  moved,  converted,  used,  occupied  or 
maintained  any  tenement  house  or  any  portion  thereof  contrary  to  the 
provisions  of  this  act,  or  to  commit  or  maintain  or  cause  or  permit  to 
be  committed  or  maintained  any  nuisance  in  or  upon  any  tenement  house 
or  any  portion  thereof,  or  any  of  the  premises,  yards  or  courts  which 
are  a  part  thereof,  or  which  are  required  by  the  provisions  of  this  act; 
or  to  do  or  cause  to  be  done,  or  to  use  or  cause  to  be  used,  any  privy, 
sewer,  cesspool,  plumbing  or  house  drainage  affecting  the  sanitary  condi- 


Act  4098a,  §§  4-6  general  laws.  1318 

tion  of  any  teuemeut  house   or  any  portion  thereof,  or  of  the  premises 
thereof,  contrary  to  any  of  the  provisions  of  this  act. 

§  i.  Alterations.  It  shall  be  unlawful  for  any  person  to  make  any 
alterations  or  changes,  or  reconstruction  work  of  any  kind  whatsoever, 
to  any  tenement  house  erected  prior  to  the  passage  of  this  act,  or  to 
any  tenement  house  hereafter  erected,  or  to  increase  the  height  or  the 
percentage  of  the  lot  occupied,  in  any  manner  which  would  be  incon- 
sistent with  any  of  the  provisions  of  this  act,  or  in  violation  of  the  said 
provisions  of  this  act,  or  in  any  manner  to  diminish  the  size  of  the  yards, 
courts  or  shafts  or  the  size  of  windows  or  skylights,  or  to  remove  any 
stairway  or  fire  escape,  or  to  obstruct  the  egress  from  such  building  or 
from  the  hallways  or  stairways,  or  to  do  anything  that  would  affect  the 
ventilation  and  sanitation  of  the  building,  contrary  to  any  of  the  pro- 
visions of  this  act. 

§  5.  Building  converted  to  use  as  tenement  house.  Building  moved. 
Building  reconstructed.  A  building  not  erected  for,  or  which  is  not  used 
as  a  tenement  house  at  the  time  of  the  passage  of  this  act,  if  hereafter 
converted  to  or  altered  for  such  use,  shall  thereupon  become  subject  to 
all  of  the  provisions  of  this  act  affecting  tenement  houses  hereafter 
erected. 

A  building  used  as  a  tenement  house  at  the  time  of  the  passage  of 
this  act,  if  moved,  shall  be  made  to  conform  to  all  of  the  provisions  of 
this  act  affecting  tenement  houses  hereafter  erected,  in  so  far  as  they 
pertain  to  the  percentage  of  lot  occupied  and  the  size  of  outer  courts, 
inner  courts  bounded  by  a  lot  line,  and  yards. 

It  shall  be  unlawful  to  reconstruct  any  tenement  house  which  is  here- 
after damaged  by  fire  or  the  elements  to  an  extent  in  excess  of  fifty-one 
(51)  per  cent  of  its  physical  proportions,  unless  the  said  building  is 
made  to  conform  to  all  of  the  provisions  of  this  act  affecting  tenement 
houses  hereafter  erected. 

§  6.  Penalty  for  violation.  Procedure.  Any  person,  firm  or  corpora- 
tion violating  any  of  the  provisions  of  this  act  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  punishable  by  a 
fine  not  exceeding  five  hundred  dollars,  or  by  imprisonment  in  a  county 
jail  not  exceeding  six  months,  or  by  both  such  fine  and  imprisonment, 
and  in  addition  to  the  penalty  therefor,  shall  be  liable  for  all  costs, 
expense  and  disbursements  paid  or  incurred  by  the  department,  by  any 
of  the  officers  thereof,  or  by  any  agent,  employee  or  contractor  of  same, 
in  the  prosecution  of  such  violation.  The  costs,  expense  and  disburse- 
jiients  by  this  section  ])rovidcd  sliall  be  fixed  by  tlie  court  liaving  juris- 
diction of  the  matter. 

i;x(('i.t  as  herein  otlierwise  sjjccified,  tlie  procedure  for  the  prevention 
of  violations  of  this  act,  for  the  vacation  of  tenement  houses  or  prem- 
ises unlawfully  occu[)ied,  or  for  the  abatement  of  a  nuisance  in  connec- 
tion with  a  tenement  house  or  the  premises  thereof,  shall  be  as  set  forth 
in  the  charter  ami  ordiTianccs  (if  tiu'  iniiiiii-iiiulity  in  which  tlic  procedure 
is  instituted. 


1319  TENEMENT  HOUSES.  Act  4098a,  §  7 

§  7.  Permit  to  erect  tenement  house.  Application.  Affidavit.  Per- 
mit issued.  Kevocation.  Plans  kept  on  premises.  Permit  for  nominal 
alterations.  Expiration  of  permit.  lu  every  ineorporatod  town,  iueor- 
porated  city,  and  incorporated  city  and  county,  it  shall  be  unlawful  to 
commence  or  to  proceed  with  the  erection,  construction,  reconstruction, 
conversion,  or  alteration  of  a  tenement  house,  or  to  move  or  to  build 
upon  a  tenement  house,  or  to  convert  a  building  or  any  portion  thereof 
into  use  as  a  tenement  house,  without  first  obtaining  a  permit  in  writing 
so  to  do  from  the  department  charged  with  the  Enforcement  of  this  act. 
Any  person,  firm  or  corporation  desiring  such  a  permit  shall  file  an  ap- 
plication therefor  with  the  department  charged  with  the  enforcement  of 
this  act.  Said  application  shall  give  a  detailed  statement  in  writing, 
verified  under  oath  by  the  person  making  the  same,  of  the  erection, 
construction,  reconstruction,  moving,  conversion  or  alteration,  as  the 
case  may  be,  upon  blanks  or  forms  to  be  furnished  by  the  said  depart- 
ment. The  said  application  must  be  accompanied  with  a  full,  true  and 
complete  set  of  the  plans  of  the  tenement  house  or  alteration,  or  work 
proposed,  as  the  case  may  be,  together  with  a  set  of  specifications 
describing  the  materials  proposed  to  enter  into  the  construction  of  the 
proposed  work,  also  a  plan  of  the  lot  on  which  such  building  is  proposed 
to  be  erected,  constructed,  reconstructed,  converted,  altered,  or  moved, 
as  the  case  may  be.  Such  statement  shall  give  in  full  the  name  and 
address  by  street  and  number  of  the  owner  or  owners,  also  the  name 
and  address  of  the  architect"  and  of  the  contractor,  if  there  be  such  an 
architect  or  contractor;  also  shall  give  such  other  data  and  information 
as  in  the  judgment  of  the  department  charged  with  the  enf  jrcement  of 
this   act  is   deemed   necessary. 

The  affidavit  to  said  application  shall  allege  that  the  plans  and  specifi- 
cations are  true  and  contain  a  correct  description  of  the  proposed  tene- 
ment house,  lot  and  proposed  work.  If  any  person  other  than  the  owner 
makes  such  affidavit,  such  person  shall  not  be  recognized  except  that  ho 
allege  in  his  affidavit  that  he  is  authorized  and  empowered  by  the  said 
owner  to  act  for  him  and  to  sign  the  required  affidavit.  Said  depart- 
ment charged  with  the  enforcement  of  this  act  shall  cause  all  such  plans, 
specifications  and  statements  to  be  examined,  and  if  it  appears  that 
they  conform  to  the  provisions  of  this  act,  shall  then  issue  a  permit  to 
the  person  submitting  the  same.  Said  department  may,  from  time  to 
time,  approve  changes  in  any  plans,  specifications  or  statements  previ- 
ously approved  by  it;  provided,  that  all  changes  when  so  made  shall  be 
in  conformitj'  with  the  provisions  of  this  act.  Said  department  shall 
have  the  power  to  revoke  or  cancel  any  permit  or  approval  that  it  has 
previously  issued  in  case  of  any  refusal,  failure  or  neglect  of  the  person 
to  whom  such  permit  or  approval  has  been  issued  to  comply  with  any 
of  the  provisions  of  this  act,  or  in  ease  any  false  statement  or  mis- 
representation is  made  in  any  of  the  said  plans,  specifications  or  state- 
ments submitted  or  filed  for  such  permit  or  approval.  The  erection,  con- 
struction, reconstruction,  moving,  alteration  or  conversion  of  any  such 
tenement  house,  as  the  case  may  be,  shall  be  made  in  accordance  with 
the  plans,  specifications  and  statements  submitted  or  filed  and  for  which 
the  permit  is  issued. 


Act  ■i098a,  §  8  general  laws.  1820 

A  true  copy  of  the  plans,  specifications  and  other  information  sub- 
mitted or  filed,  upon  which  a  permit  is  issued,  with  the  approval  of  the 
department  with  which  they  are  filed,  stamped  or  written  thereon  shall 
be  kept  upon  the  premises  of  the  tenement  house  or  work  for  which 
the  said  permit  is  issued,  from  the  commencement  of  the  said  building 
or  work  to  the  final  completion  of  same,  and  shnll  be  subject  to  inspec- 
tion at  all  times  b.y  proper  authorities. 

The  dei)artment  charged  with  the  enforcement  of  this  act  may,  at  its 
discretion,  issue  a  permit  in  case  of  nominal  alterations  or  repairs,  when 
application  is  made  therefor,  in  writing,  by  the  owner  or  his  agent,  when 
the  making  of  said  nominal  alterations  and  repairs  do  not  affect  any 
structural  feature  or  the  sanitation  or  the  ventilation  of  the  tenement 
house,  without  requiring  the  filing  of  plans  or  specifications. 

The  issuance  or  granting  of  a  permit  or  approval  by  the  department 
charged  with  the  enforcement  of  this  act  under  the  authority  of  this 
section  shall  not  be  deemed  or  construed  to  be  a  permit  or  an  approval 
of  the  violation  of  any  of  the  provisions  of  this  act. 

Every  permit  or  approval  which  is  issued  by  the  department  charged 
with  the  enforcement  of  this  act,  but  under  which  no  work  has  been 
done  within  ninety  days  from  the  date  of  issuance,  or  where  work  has 
been  suspended  for  a  period  of  ninety  days,  shall  expire  by  limitation 
and  a  new  permit  shall  be  obtained  before  the  work  may  be  done. 

§  8,  "Certificate  of  final  completion"  and.  "permit  of  occupancy." 
Renewal  of  permit  of  occupancy.  Certificate  issued.  Permit  issued. 
Tenement  house  occupied  without  permit  nuisance.  In  every  incorpo- 
rated town,  incorporated  city,  and  incorporated  city  and  county,  it  shall 
be  unlawful  to  occupy  or  to  permit  to  be  occupied,  any  tenement  house 
hereafter  erected,  constructed,  reconstructed,  altered,  converted  or 
moved,  as  the  case  may  be,  or  any  portion  thereof,  for  human  habita- 
tion until  the  issuance  of  a  "certificate  of  final  completion"  and  a  "per- 
mit of  occupancy"  by  the  department  or  departments  charged  with  the 
enforcement  of  this  act. 

It  shall  also  be  unlawful  to  occupy  any  existing  tenement  house  until 
a  permit  of  occupancy  has  been  issued  by  the  department  designated  to 
issue  such  permit. 

Every  permit  of  occupancy  shall  be  renewed  each  calendar  year  by 
the  department  designated  to  issue  the  said  permit;  provided,  that  no 
structural  alterations  or  changes  have  occurred  since  tlie  issuance  of  the 
certificate  of  final  completion;  and  provided,  that  all  other  provisions  of 
this  act  have  been  complied  with. 

Any  person  desiring  a  certificate  shall  file  a  notice  with  the  depart- 
ment charged  with  the  enforcement  of  this  act.  Said  department  shall 
cause  an  inspection  to  be  made  of  the  said  tenement  house  or  portion 
thereof,  or  work  descrilu-d  in  the  said  notice,  within  ten  days  after  writ- 
ten application  therefor,  and  shall  issue  a  "certificate  of  final  comple- 
tion" if  it  is  found  that  nil  the  provisions  of  Ihis  act,  regulating  the 
erection,  construction,  iihci  ;it  i(]ii  or  ino\ing.  as  the  case  may  be,  have 
been   complied   with. 

The  department  chnrticd  \\itli  the  cnfurccnicnt  of  this  act  and  desig- 
nated   to   issue    tlic    [KTMiit    (if   ociiijiaiK  V    shall    issue    the    said    "permit   of 


l'^21  TENEMENT   HOUSES.  Act  4098a,  ^§  9,  10 

occupancy"  upon  application,  in  writing,  therefor  by  the  owner  or  his 
agent,  and  upon  the  filing  by  the  owner  or  his  agent  of  such  statements 
or  records  required  by  the  department,  after  the  "certificate  of  final 
completion"  has  been  issued;  provided,  that'  no  violations  have  occurred 
since  the  issuance  of  the  certificate  of  final  completion,  or,  in  the  case  of 
a  tenement  house  erected  prior  to  the  passage  of  this  act,  and  for  which 
no  certificate  of  final  completion  has  been  issued,  then  after  the  said 
department  has  causd  an  inspection  to  have  been  made  of  the  said  tene- 
ment house  and  has  found  that  all  of  the  provisions  of  this  act  applying 
to  sucli  tenement  house  have  been  complied  with. 

All  permits  and  certificates  shall  be  made  in  duplicate  and  a  copy  shall 
remain  on  file  in  the  department  issuing  them. 

Any  tenement  house  hereafter  erected,  altered,  converted  or  moved, 
which  is  occupied,  or  any  portion  thereof  which  is  occupied  for  human 
habitation,  prior  to  a  "certificate  of  final  completion"  or  a  "permit  of 
occupancy"  being  issued,  shall  be  deemed  a  nuisance,  and  the  department 
or  departments  charged  with  the  enforcement  of  this  act  may  cause  it 
to  be  vacated  until  the  said  certificate  of  completion  and  permit  of 
occupancy  have  been  obtained  in  accordance  with  the  provisions  of  this 
act. 

§9.  Power  to  enter  tenement  house.  The  department  or  departments 
charged  with  the  enforcement  of  this  act  in  any  incorporated  town,  incor- 
porated city,  incorporated  city  and  county,  or  county,  and  the  authorized 
officers,  agents  or  employees  of  such  department  or  departments,  may, 
whenever  necessary,  enter  tenement  houses  or  portions  thereof,  or  the 
premises  thereof,  within  the  corporate  limits  of  such  towns,  cities,  cities 
and  counties,  or  counties,  for  the  purpose  of  inspecting  such  buildings,  in 
order  to  secure  compliance  with  the  provisions  of  this  act  and  to  prevent 
violations  thereof. 

The  members  of  the  commission  of  immigration  and  housing  of  Cali- 
fornia and  the  agents,  officers  or  employees  of  said  commission  may, 
whenever  necessary,  enter  tenement  houses  or  portions  thereof,  or  the 
premises  thereof,  for  the  purpose  of  inspecting  such  buildings  in  order 
to  secure  compliance  with  the  provisions  of  this  act  and  to  prevent  viola- 
tions thereof. 

The  owner  or  his  authorised  agent  may,  whenever  necessary,  enter 
tenement  houses,  or  portions  thereof,  or  the  premises  thereof,  owned  by 
him,  to  carry  out  any  instructions  or  to  perform  any  work  required  to 
be   done  by  the   provisions   of   this   act. 

§  10.  Definitions.  For  the  purpose  of  this  act.  certain  words  and 
phrases  are  defined  as  follows,  unless  it  shall  be  apparent  from  their 
context  that  they  have  a  different  meaning: 

Words  used  in  the  singular  include  the  pluiai.  and  the  plural,  the 
singular. 

Words  used  in  the  present   tense  include  the  future. 

Words  used  in  the  masculine  gender  inchnle  the  feminine,  and  the 
feminine,  the   masculine. 

Wlords  "building  department,"  "housing  department,"  "health  depart- 
ment,"   "department    charged    with    the    enforcement    of    this    act."    "fire 


Act  4098a,  §  10  general  laws.  1322 

commissioner/'  shall  be  construed  as  if  followed  by  the  words,  "of  the 
incorporated  town,  incorporated  city,  incorporated  city  and  county,  or 
county,"  as  the  case  may  be,  in  which  the  tenement  house  is  situated. 

"Apartment"  is  a  room  6r  suite  of  rooms  which  is  occupied,  or  is 
intended  or  designed  to  be  occupied  by  one  family  for  living  and  sleep- 
ing purposes. 

"Approved"  means  whatever  material,  appliance,  appurtenance,  or 
other  matter  meets  the  requirements  and  approval  of  the  department 
charged  with  the  enforcement  of  this  act,  or  which  is  approved  by  local 
ordinance  of  the  municipality  in  which  the  building  is  situated,  or  any 
appliance,  appurtenance,  or  other  matter  which  conforms  to  the  require- 
ments of,  and  bears  the  approval  of  the  "national  board  of  fire  under- 
writers"; provided,  however,  that  no  such  material,  appliance,  appurte- 
nance, or  other  matter  shall  be  deemed  "approved"  for  use  where,  or  in 
such  a  manner  as  would  be  inconsistent  with  the  intent,  or  specific  pro- 
visions of  this  act. 

"Basement"  is  any  story  or  portion  thereof  partly  below  the  level  of 
the  curb  or  the  actual  adjoining  ground  level,  the  ceiling  of  which  in 
no  part  is  less  than  seven  feet  above  the  curb  level  or  actual  adjoining 
ground  levels.  If  the  adjoining  ground  is  excavated  to  or  below  the 
curb  level,  or  to  or  below  the  adjoining  natural  ground  level,  such  ex- 
cavated space  shall  have  not  less  than  the  minimum  width  and  length 
required  in  this  act  for  outer  courts. 

Every  basement  is  a   story. 

"Building"  is  a  tenement  house. 

"Building  department"  means  the  commissioner  of  buildings,  superin- 
tendent of  buildings,  chief  inspector  of  buildings,  or  any  officer  or 
department  charged  with  the  enforcement  of  ordinances  and  laws  regu- 
lating the  construction  and  alteration  of  buildings  or  structures. 

"Cellar"  is  any  story  or  portion  thereof,  the  ceiling  of  which  in  any 
part  is  less  than  seven  feet  above  the  curb  level  and  actual  adjoining 
ground  levels. 

"Court"  is  an  open,  unoccupied  space  other  than  a  yard  on  the  lot  on 
which  is  situated  a  tenement  house.  A  court,  one  entire  side  or  end  of 
which  is  bounded  by  a  front  yard,  a  rear  yard  or  a  side  yard,  or  by  the 
front  of  lot,  or  by  a  street  or  a  public  alley,  is  an  "outer  court."  Every 
court  which  is  not  an  "outer  court"  is  an  "inner  court." 

Every  court  shall  be  open  and  unobstructed  to  the  sky  from  a  point 
not  more  than  two  feet  above  the  floor  line  of  the  lowest  story  in  the 
l)uilding  in  which  there  are  windows  from  rooms  or  apartments  abutting 
the  said  court,  except  that  a  cornice  on  the  building  may  extend  into 
an  "outer  court"  two  inches  for  each  one  foot  in  width  of  such  court, 
and  a  cornice  may  extend  into  an  "inner  court"  one  inch  for  each  one 
foot  in  width  of  such  court. 

"Curb  level"  is  the  curli  level  ()]>posite  the  conlor  of  the  "front  of  lot." 

Wherever  the  word  "department"  is  used  it  means  tlie  building  de- 
{lartment,  the  housing  department,  the  health  department  or  such  other 
department  or  ofTicor,  or  di^partments  or  ofTicers,  who  are  charged  with 
the   enforcement   of   tlic   ]ii()\i!-ioiis   of   tliis   act. 


1323  TENEMENT  HOUSES.  Act  4098a,  §10 

"Family"  is  oue  person  living  alone  or  a  group  of  two  or  more  persons 
living  together  in  an  apartment,  whether  related  to  each  other  by  birth 
or  not, 

"Fireproof  tenement  house"  is  a  building  wherein  all  the  exterior  and 
interior  loads  or  strains  are  transmitted  to  the  foundation  by  means  of 
concrete,  reinforced  concrete,  brick,  stone,  or  by  means  of  a  skeleton 
framework  of  steel  or  iron,  the  exterior  walls,  inner  court  walls  and  roof 
constructed  of  concrete,  reinforced  concrete,  brick,  stone  or  hollow  terra 
cotta  tile;  where  all  the  structural  steel  or  iron  is  thoroughly  fireproofed 
by  concrete,  cement  plaster,  tile,  brick  or  sandstone,  not  less  than  two 
inches  thick;  where  all  the  interior  partitions  are  constructed  of  either 
hollow  terra  cotta  tile  blocks,  gypsum  blocks,  brick,  concrete,  reinforced 
concrete,  or  of  metal  studs  lathed  with  metal  lath  and  plastered  not 
less  than  three-quarters  inch  thick  including  the  lath,  or  of  metal  studs 
lathed  with  approved  plaster  board  and  plastered  not  less  than  three- 
quarters  inch  thick  including  the  plaster  board,  or  constructed  of  wire 
glass  not  less  than  one-fourth  inch  thick,  set  in  metal  frames  and  sash, 
and  all  other  materials  used  in  the  said  building  are  of  approved  in- 
combustible material,  except  that  the  glass  in  windows,  transoms,  or 
doors  may  be  plain  glass,  and  except  that  doors,  frames,  sash  and  the 
usual  trim  of  rooms,  hallways,  corridors  and  passageways  may  be  of 
wood,  and  except  that  wood  floors  may  be  placed  on  top  of  the  floors  con- 
structed of  incombustible  materials,  except  in  the  stairways  and  public 
hallways. 

"Housing  department"  is  any  department  or  commission  charged  with 
the  enforcement  of  ordinances  or  laws  regulating  the  occupancy  and 
maintenance  of  tenement  houses,  hotels  or  dwelling-house  buildings; 
and  where  no  such  department  is  maintained,  shall  be  deemed  to  be  the 
health  commissioner,  the  department  of  health,  health  officer,  or  similar 
department  charged  with  the  enforcement  of  laws  and  ordinances  relat- 
ing to  the  protection  of  the  public  health. 

"Kitchen"  is  any  room  in  any  apartment  used  or  intended  or  designed 
to  be  used  for  cooking  purposes  and  for  the  preparation  of  food. 

"Lot"  is  a  parcel  or  area  of  land  on  which  is  situate(J  a  tenement 
house,  together  with  the  land,  yards,  courts  and  unoccupied  spaces  for 
such  a  tenement  house  as  required  by  this  act;  all  of  which  land  shall 
be  owned  by  or  be  under  the  absolute  lawful  control  and  in  the  lawful 
possession   of   the   tenement  house. 

A  lot  situated  at  the  junction  of  two  or  more  intersecting  streets, 
with  a  boundary  line  thereof  bordering  on  each  of  the  two  streets,  is  a 
"corner  lot."  AH  parts  of  the  width  of  such  a  corner  lot  which  are 
distant  more  than  seventy-five  feet  from  the  junction  point  of  the  two 
or  more  intersecting  streets,  shall  be  deemed  to  be  an  "interior  lot." 
The  owner  or  his  authorized  agent  may  designate  either  street  frontage 
as  being  the  front  of  such  corner  lot  for  the  purpose  of  determining  the 
width    thereof. 

A  lot  which  has  only  one  boundary  line  bordering  on  a  public  street 
is   an   "interior  lot." 

"Rear  lot"  is  a  parcel  or  area  of  land  having  no  boundary  line  border- 
ing on  a  street,  or  having  less  than  one-half  of  its  width  as  a  boundary 
line  bordering  on  a  street. 


Act  4098a,  §  10  general  laws.  1324 

"Front  of  lot"  is  the  boundary  line  of  lot  bordering  on  the  street. 
In  case  of  a  corner  lot,  either  of  such  boundary  lines  may  be  the  "front 
of  lot." 

"Rear  of  lot"  is  the  boundary  line  of  lot  opposite  the  "front  of  lot." 

"Depth  of  lot"  is  the  mean  distance  from  the  "front  of  lot"  to  the 
•'rear  of  lot." 

"Nuisance"  embraces  public  nuisance  as  known  at  common  law  or  in 
equity  jurisprudence,  and  whatever  is  dangerous  to  human  life  or  detri- 
mental to  health,  and  shall  also  embrace  the  overcrowding  with  occu- 
pants of  any  room,  insufSeient  ventilation,  or  illumination,  or  inadequate 
or  insanitary  sewerage  or  plumbing  facilities,  or  uncleanliness,  and  what- 
ever renders  air,  food  or  drink  unwholesome  or  detrimental  to  the  health 
of  human  beings. 

"Occupied  space"  is  all  the  space  covered  by  a  tenement  house,  in- 
cluding outside  stairways,  platforms,  fire-escapes,  balconies,  fire-towers, 
chimneys,  stacks,  vent  shafts,  not  exceeding  thirty-two  square  feet  in 
area,  cornice,  or  any  part  thereof,  which  projects  into  an  inner  court 
more  than  one  inch  for  each  one  foot  in  width  of  such  court,  or  which 
projects  into  an  outer  court  or  yard  more  than  two  inches  for  each  one 
foot  in  width  of  such  outer  court  or  a  yard,  except  that  outside  stair- 
ways, platforms  and  balconies  constructed  of  open  metal  work  and  fire- 
escapes  may  extend  not  exceeding  four  feet  beyond  the  exterior  walls 
of  the  building  into  a  front  or  rear  yard,  and  except  that  a  retaining 
wall  may  extend  not  to  exceed  twelve  inches  into  a  yard  or  court.  For 
the  purpose  of  determining  occupied  space,  the  area  of  the  building  shall 
be  taken  at  the  lowest  story  or  portion  thereof  used  for  living  or 
sleeping  purposes. 

"Person"  is  a  natural  person,  his  heirs,  executors,  administrators  or 
assigns;  and  also  includes  a  firm,  partnership  or  corporation,  its  or  their 
successors  or  assigns. 

"Public  hallway"  is  a  hallway,  corridor,  passageway  or  vestibule  not 
within  an  apartment,  and  includes  stairways,  landings  and  platforms. 

"Eear  tenement  house"  is  a  tenement  house  on  a  "rear  lot." 

"Semi-fireppoof  tenement  house"  is  a  building  with  all  exterior  walls 
and  walls  of  inner  and  outer  courts  constructed  of  brick,  stone,  con- 
crete, reinforced  concrete  or  hollow  terra  cotta  tile;  except  that  the 
walls  of  an  inner  court,  which  court  is  surrounded  on  four  sides  by  the 
samp  building,  may  be  constructed  as  provided  in  this  act  for  such  inner 
courts;  interior  partitions  and  floors  constructed  of  approved  incom- 
I)ustible  materials  or  of  wood,  with  all  ceilings,  partitions,  soffits  of 
stairways,  and  outside  stringers  of  open  stairways  and  stair  wells  metal 
lathed  and  plastered  not  less  than  three-quarters  inch  thick  including 
the  lath  or  lathed  with  an  approved  plaster  board  plastered  not  less  than 
Ihree-quarters  inch  thick  including  the  plaster  board;  in  which  all  fin- 
ished floors,  frames,  doors  and  the  usual  trim  of  rooms  and  hallways  may 
be  built  of  wood  and  the  roof  of  which  shall  be  covered  with  at  least 
a   composition   fire-retardant  material. 

"Shall."     Whenever  this  word  is  used  it  sh.ill  be   mandatory. 

"Street"  is  any  public  street,  alley,  thoroughfare  or  park  having  a 
minimum  width  of  sixteen  feet,  measured  from  the  "front  of  lot"  to  the 


1325  TENEMENT  HOUSES.         Act  4098a,  §§  11, 12 

opposite  "front  of  lot,"  and  which  shall  have  been  dedicated  or  deeded 
to  the  public  for  public  use. 

"Tenement  house"  is  any  house  or  building,  or  portion  thereof,  more 
than  one  story  in  height,  which  is  designed,  built,  rented,  leased,  let,  or 
hired  out  to  be  occupied,  or  which  is  occupied  as  the  home  or  residence 
of  three  or  more  families  living  independently  of  each  other  and  doing 
their  cooking  in  the  said  building;  provided,  however,  that  any  building 
not  more  than  two  stories  in  height  which  is  designed,  built,  rented, 
leased,  let  or  hired  out  to  be  occupied,  or  is  occupied,  as  the  home  or 
residence  of  not  more  than  four  families,  and  the  said  building  is  so 
arranged  that  each  of  the  said  families  live  independently  of  each  other, 
and  the  building  is  constructed  and  arranged  so  that  a  separate  section 
is,  or  may  be,  kept  as  a  home  or'residence  of  a  separate  family,  and  each 
such  section  has  an  entirely  independent  and  separate  entrance,  and  if  a 
stairway  is  required,  one  such  stairway  leading  to  each  section  from 
the  street  or  from  an  outside  vestibule  on  the  level  of  the  first  floor  of 
said  building  is  a  separate  stairway,  and  with  no  'room,  hallway,  bath- 
room, water-closet,  or  kitchen  used  in  common  by  two  or  more  families 
occupying  the  said  building,  shall  be  deemed  not  to  come  within  the 
definition  of  a  "tenement  house." 

"Wooden  tenement  house"  is  a  building  which  does  not  fully  compl}' 
with  the  requirements  for  a  "fireproof"  or  a  "semi-fireproof"  tenement 
house  as  defined  in  this  act,  and  shall  include  all  frame  and  all  veneered 
buildings. 

In  every  such  building  all  ceilings  and  walls  and  partitions  of  public 
hallways,  soflEits  of  interior  stairways  and  the  outside  stringers  of  open 
stairways,  and  stair  wells  shall  be  metal  lathed  and  plastered  not  less 
than  three-quarters  inch  thick  including  the  lath,  or  lathed  with  an  ap- 
proved plaster  board  plastered  not  less  than  three-quarters  inch  thick 
including  the  plaster  board. 

"Yard"  is  a  portion  of  a  lot  on  which  is  situated  a  tenement-house 
and  which  is  unoccupied  by  the  building  and  extends  from  the  ground 
up  (except  where  otherwise  provided  by  this  act)  open  and  unobstructed 
to  the  sky;  except  that  outside  stairways,  platforms  and  balconies  con- 
structed of  open  metal  work  and  fire-escapes  may  extend  not  more  than 
four  feet  into  such  yards.  If  such  yard  is  between  the  front  line  of 
the  building  and  the  front  boundary  line  of  the  lot,  it  is  a  "front  yard." 
If  it  is  between  the  extreme  rear  line  of  the  building  and  the  rear  of 
the  lot,  it  is  a  "rear  yard."  If  it  extends  from  the  rear  yard  to  the  front 
yard  or  front  of  the  lot,  it  is  a  "side  yard." 

§  11.  Front  yard.  No  tenement  house  shall  hereafter  be  erected  on, 
or  moved  on  to,  a  rear  lot.  No  building  for  any  purpose  shall  hereafter 
be  erected  in  front  of  any  tenement  house  unless  there  shall  be  left 
unoccupied  a  front  yard  extending  from  the  front  of  the  rear  tenement 
house  to  the  front  line  of  lot  bordering  on  the  street. 

Such  front  yard  shall  not  be  in  any  part  less  in  width  than  fifty  per 
cent  of  the  actual  width  of  the  rear  tenement  house. 

§  12.  Height.  No  fireproof  tenement  house  hereafter  erected  shall 
exceed  one  hundred  fifty  feet  in  height,  nor  more  than  one  and  one-half 


Act  4098a,  §  13  general  laws.  1326 

times  the  width  of  the  widest  street  to  which  the  lot  on  which  it  is 
situated  abuts. 

No  semi-fireproof  tenement  house  hereafter  erected  shall  exceed  six 
stories  at  any  point,  nor  more  than  sixty-five  feet  in  height  (except  as 
hereinafter  provided),  nor  more  than  one  and  one-half  times  the  width 
of  the  widest  street  to  which  the  lot  on  which  it  is  situated  abuts. 

No  wooden  tenement  house  hereafter  erected  shall  exceed  three  stories 
at  any  point  nor  more  than  thirty-six  feet  in  height  (except  as  herein- 
after provided),  nor  more  than  one  and  one-half  times  the  width  of 
the  widest  street  to  which  the  lot  on  which  it  is  situated  abuts. 

The  width  of  the  street,  for  this  purpose,  shall  be  measured  from  the 
extreme  front  of  the  building  to  the  f^'out  of  lot  opposite,  across  the 
street. 

For  the  purposes  of  this  section  a  basement  is  a  story. 

The  height  of  a  fireproof  tenement  house  is  the  perpendicular  distance 
from  the  curb  level  or  adjoining  ground  levels  to  the  highest  point  of  the 
roof.  The  height  of  a  semi-fireproof  or  of  a  wooden  tenement  house  is 
the  perpendicular  distance  trom  the  curb  level  or  adjoining  ground 
levels  to  the  lowest  point  of  the  finished  ceiling  of  the  top  story;  pro- 
vided, that  in  the  case  of  a  semi-fireproof  tenement  house  situated  on 
a  lot  with  the  ground  sloping  downward  from  the  facade  at  which  the 
measurement  is  taken  the  height  of  the  building  shall  not  at  any  point 
exceed  sixty-five  feet  above  the  curb  level  measured  on  the  facade 
facing  the  street,  nor  shall  the  height  of  the  building  at  any  point  of 
the  grade  exceed  seventy-five  feet  above  the  adjoining  curb  in  case  of 
a  corner  lot,  or  above  the  level  of  the  ground  in  the  case  of  an  interior 
lot,  and  in  the  case  of  a  wooden  tenement  house  situated  on  a  lot  with 
the  ground  sloping  downward  from  the  facade  at  which  the  measure- 
ment is  taken  the  height  of  the  building  shall  not  at  any  point  exceed 
thirty-six  feet  above  the  curb  line  measured  on  the  facade  facing  the 
street,  nor  shall  the  height  of  the  building  at  any  point  of  the  grade 
exceed  forty-six  feet  above  the  adjoining  curb  in  the  case  of  a  corner 
lot  or  above  the  level  of  the  ground  in  tlie  case  of  an  interior  lot. 

§  13.  Per  cent  of  lot  left  unoccupied.  On  every  corner  lot  on  which 
a  tenement  house  is  hereafter  erected,  at  least  ten  per  cent  of  such 
lot  shall  be  left  unoccupied;  provided,  however,  that  if  such  corner 
lot  extends  through  from  one  street  to  another  street,  one-half  of  the 
narrowest  street  to  which  said  lot  abuts  may  be  considered  as  a  part 
of  the  lot  in  computing  the  percentage  of  lot  to  be  loft  unoccupied; 
except  that  if  such  one-half  of  the  narrowest  street  is  greater  than  the 
roar  yard  required  for  such  tenement  house,  then  only  as  much  of  the 
said  street  as  is  required  for  the  rear  yard  shall  be  considered  as  part 
of  tlie  lot  for  the  purpose  of  computing  the  percentage  of  lot  to  be  left 
unoccupied. 

On  every  interior  lot  on  wliicli  a  tenement  Iionse  is  liereafter  erected, 
at  least  twenty-five  per  cent  of  such  lot  shall  be  left  unoccupied;  pro- 
vided, however,  that  if  such  interior  lot  extends  through  from  one  street 
to  another  street,  one-half  of  the  narrowest  street  to  which  such  lot 
abuts  may  be  considered  as  a  part  of  the  lot  in  computing  the  percent- 
age  of   lot   to   be   left    uiiocciijiied ;    excejit    Hint    if   such    one-half    of   the 


132Y 


TENEMENT  HOUSES.  Act  4098a,  §§  14-17 


narrowest  street  is  greater  than  the  rear  yard  required  for  such  tenement 
hotise,  then  only  as  much  of  the  said  street  as  is  required  for  the  rear  yard 
shall  be  considered  as  part  of  the  lot  for  the  purpose  of  computing  the 
percentage  of  lot  to  be  left  unoccupied. 

§  14.  Rear  yard.  Immediately  behind  every  tenement  house  here- 
after erected  there  shall  be  a  rear  yard  extending  across  tlie  entire  width 
of  the  lot. 

§  15.     Yard  serving  two  tenement  houses.     Distance  between  buildings. 

In  no  event  shall  any  yard  or  court  be  made  to  serve  the  purpose  of 
two  tenement  houses  hereafter  erected,  or  of  an  existing  tenement  house 
and  a  tenement  house  hereafter  erected,  unless  such  yard  or  court,  as  the 
case  may  be,  is  of  the  full  size  required  for  two  tenement  houses,  and 
then  only  in  the  event  that  such  yard  or  court,  as  the  case  may  be,  is 
located  on  the  same  lot  and  owned  by  or  in  the  absolute  lawful  control 
and  in  the  lawful  possession  of  the  tenement  house  it  proposes  to  serve. 

Where  a  tenement  house,  now  or  hereafter  erected,  stands  upon  a  lot, 
no  other  building  shall  hereafter  be  placed  upon  the  front  or  rear  of  that 
lot,  unless  the  minimum  distance  between  such  buildings  shall  be  at- 
least  ten  feet,  and  two  additional  feet  shall  be  added  to  such  minimum 
distance  of  ten  feet  for  every  story  more  than  one  in  height  of  the 
highest  building  on  such  lot. 

§  16.  Depth,  of  rear  yard.  The  depth  of  a  rear  yard  shall  be  measured 
at  right  angles  from  the  extreme  rear  line  of  the  building  toward  the 
rear  lot  line. 

§  17.  Minimum  depth  of  rear  yard  on  interior  lot.  On  every  interior 
lot  on  which  a  tenement  house  is  hereafter  erected  there  shall  be  pro- 
vided a  rear  yard.  Such  yard  shall  extend  from  the  ground  clear  and 
unobstructed  to  the  sky,  and  shall  extend  across  the  entire  width  of 
the  lot;  except  that  outside  stairways,  platforms  and  balconies  con- 
structed of  open  metal  work  and  fire-escapes  may  extend  not  more 
than  four  feet  into  such  yard.  The  minimum  depth  of  such  rear  yard 
shall  be  as  follows: 


Height  of  building  measured  from  top  of  wall  to  floor  of  yard 
at  point  abutting  the  rear  yard 


Depth  of 
rear  yard 


Not  exceeding     36  feet 

Not  exceeding     48  feet 

Not  exceeding     60  feet 

Not  exceeding     72  feet 

Not  exceeding     84  feet 

Not  exceeding     96  feet 

Not  exceeding  108  feet 

Not  exceeding  120  feet 

Not  exceeding  132  feet 

Not  exceeding  150  feet 


10  feet 

11  feet 

12  feet 
14  feet 
16  feet 
18  feet 
20  feet 
22  feet 
24  feet 
26  feet 


Provided,  however,  that  if  such  interior  lot  extends  through  from 
one  street  to  another  street  or  public  alley,  one-half  of  the  narrowest 
street  or  public  alley  to  which  said  lot  abuts  may  be  considered  as  a 
part  of  the  lot  in  computing  the  rear  yard  required  by  this  section. 


Act  4098a,  §§  18-21 


GENERAL   LAWS. 


1328 


§  18.  Minimum  depth  of  rear  yard  on  corner  lot.  Ou  every  corner 
lot  ou  which  a  tenement  house  is  hereafter  erected  there  shall  be  pro- 
vided a  rear  yard.  Such  yard  shall  extend  from  the  lowest  floor  which 
is  used  for  living  or  sleeping  apartments,  clear  and  unobstructed  to  the 
sky,  and  shall  extend  across  the  entire  width  of  such  lot;  except  that 
outside  stairways,  platforms  and  balconies  constructed  of  open  metal 
work  and  fire-escapes  may  be  extended  not  more  than  four  feet  into 
such  yard.     The  minimum  depth  of  such  rear  yard  shall  be  as  follows: 


Depth  of  corner  lot 


Depth  of  rear  yard 


Not  exceeding  100  feet. 


Exceeding  100  feet. 


Not  less  than  10  per  cent  of  the  depth  of 
the  lot  nor  less  than  5  feet,  nor  less  than 
the  mimimum  width  required  for  an  outer 
court,  based  on  the  number  of  stories  in 
such  building. 

Not  less  than  10  feet  nor  less  than  the  mini- 
mum width  required  for  an  outer  court, 
based  on  the  number  of  stories  in  such 
building. 


Provided,  however,  if  such  corner  lot  extends  through  from  one  street 
to  another  street,  or  to  a  public  alley,  one-half  of  the  narrowest  street 
or  public  alley  to  which  such  lot  abuts  may  be  considered  as  a  part  of 
the  lot  in  computing  the  rear  yard  required  by  this  section. 

§  19.  Passageway  to  street.  Every  rear  yard  required  by  this  act 
and  not  bordering  on  a  street  or  public  alley  and  without  direct  access 
thereto  shall  have  access  to  a  street  or  public  alley  by  meatis  of  an 
unobstructed  passageway  not  less  than  three  feet  six  inches  in  clear 
width,  nor  less  than  seven  feet  in  clear  height;  and  if  such  passageway 
or  any  portion  thereof  passes  through  a  building,  such  portion  thereof 
shall  be  built  of  approved,  incombustible  materials,  or  shall  be  lathed 
with  metal  lath  or  approved  plaster  board  and  be  plastered  not  less 
than  three-quarters  inch  thick  including  the  lath  or  plaster  board,  or 
shall  be  lined  with  not  less  than  number  twenty-six  (gauge)  galvanized 
iron,  and  shall  be  drained  and  lighted. 

§20.  Excavated  front  yard.  Kvery  front  yard  which  is  excavated 
below  the  level  of  the  curb  or  below  the  adjoining  ground  level  for  the 
purjiose  of  furnishing  light  and  ventilation  to  a  basement  shall  in  no 
part  be  less  in  width  and  length  than  required  for  outer  courts. 

§  21.  Width  of  side  yard.  The  width  of  every  side  yard  shall  be  not 
less  than  the  width  required  for  an  outer  court  except  that  the  provi- 
sions of  this  act  regarding  the  maximum  lengths  of  an  outer  court 
sli;ill  not  a|)i)]y  1o  a  side  yard;  provided,  that  if  there  is  a  side  yard 
oil  hiilli  siilcs  of  the  building,  connected  one  with  the  other  across  the 
rcai-  of  the  building  by  the  rear  yard,  tlicn  the  width  of  tlie  side  yards 
may   he  reduced   twelve  inches. 


1329 


TENEMENT  HOUSES.         Act  4098a,  §§  22,  23 


§  22.     Minimum  size  of  outer  court.     The  minimum  size  of  every  outer 
court  for  a  tenement  house  hereafter  erected  shall  be  as  follows: 


Height   of   building  based  on   the  full   number  of 

stories  in  the  building  measured  upward  from 

and  including  the  lowest  story  in  which 

there  is  an  apartment  or  apartments 

Minimum 

width  of 

court 

ilaximuin 

length  of 

court 

1  or  2  stories 

4 

4 

5 

6 

8 

10 

12 

13 

14 

ft.  0 
ft.  6 
ft.  6 
ft.  0 
ft.  0 
ft.   0 
ft.  0 
ft.  0 
ft.  0 

in. 
in. 
in. 
in. 
in. 
in. 
in. 
in. 
in. 

16 
25 
30 
35 
35 
40 
40 
40 
40 

ft. 
ft. 
ft. 
ft. 
ft. 
ft. 
ft. 
ft. 
ft. 

0  in. 

3  stories    

0  in. 

4  stories   

0  in 

5  stories   

0  in 

t>  stories   

0  in. 

7  stories   

0  in 

8  stories    

0  in 

9  stories    

0  in 

10  or  more  stories 

0  in 

There  shall  be  added  to  the  minimum  width  of  each  such  outer  court 
six  inches  for  each  five  feet  or  fractional  part  thereof  in  excess  of  the 
maximum  length;  provided,  however,  that  the  maximum  lengths  herein 
provided  shall  not  apply  when  the  outer  court  -is  bounded  on  one  side 
for  its  entire  length  by  a  lot  line;  provided,  further,  that  if  an  outer 
court  is  bounded  by  a  public  alley  or  public  park,  the  width  of  such 
public  alley  or  public  park  may  be  considered  a  part  of  the  lot  in  de- 
termining the  required  width  of  the  outer  court. 

§  23.  Minimum  size  of  inner  court.  The  minimum  size  of  every 
inner  court  for  tenement  houses  hereafter  erected  shall  be  as  follows: 


Height   of   building  based   on   the   full   number 
of  stories  in  the  building  measured  upward 
from   and    including    the    lowest    story    in 
which  there  is   an   apartment   or  apart- 
ments. 


Minimum 

width  of 

court 


Minimum 
area  of  court 
in  square  feet 


1  or  2  stories. . .  . 

3  stories    

4  stories    

5  stories    

6  stories   

7  stories   

8  stories  and  more 


6  ft.  0  in. 

7  ft.  0  in. 

8  ft.  0  in. 
12  ft.  0  in. 
16  ft.  0  in. 
20  ft.  0  in. 
24  ft.  0  in. 


75  square  feet 
120  square  feet 
160  square  feet 
250  square  feet 
400  square  feet 
625  square  feet 
840  square  feet 


Provided,  however,  that  the  minimum  size  of  every  inner  court  which 
is  bounded  on  one  side  for  its  entire  length  by  a  lot  line  may  be  as  follows: 
84 


Act  4098a,  §§24,25 


GENERAL   LAWS. 


13;^0 


Heig'ht   of  building  based   on   the   full  number 
of  stories  in  the  building  measured  upward 
from    and    including    the    lowest    story    in 
which  there  is   an   apartment   or   apart- 
ments. 


Minimum 

width  of 

court 


Minimum 
area  of  court 


1  or  2  stories.  . . . 

3  stories   

4  stories    

5  stories   

6  stories   

7  stories   

8  stories  and  more 


5  ft.  0  in. 

6  ft.  0  in. 

7  ft.  0  in. 
9  ft.  0  in. 

16  ft.  0  in. 

20  ft.  0  in. 

24  ft.  0  in. 


75  square  feet 
120  square  feet 
160  square  feet 
250  square  feet 
400  square  feet 
625  square  feet 
840  square  feet 


Every  inner  court  hereafter  constructed  and  every  inner  court  or  vent 
shaft  now  in  any  tenement  house  shall  be  provided  with  a  door  or  win- 
dow at  or  near  the  bottom  thereof,  giving  sufficient  access  to  such  court 
or  vent  shaft  as  to  enable  it  to  be  properly  cleaned  out. 

§  24.  Recess.  Every  recess  from  a  court,  yard  or  street  in  a  tene- 
ment house  hereafter  erected  shall,  unless  it  conforms  to  the  require- 
ments of  this  act  for  an  inner  court,  or  an  outer  court,  be  not  less  in 
width  than  its  depth.  Every  such  recess  shall  be  open  and  unobstructed 
to  the  sky  from  a  point  not  more  than  two  feet  above  the  floor  line 
of  the  lowest  story  in  the  building  in  which  there  are  rooms  the  said 
recess  proposes  to  serve. 

§25.  Intakes  for  inner  court.  Construction,  Every  inner  court  in 
a  tenement  house  hereafter  erected  shall  be  provided  with  one  or  more 
horizontal  intakes  at  the  bottom  of  the  court,  as  follows: 


Inner  court  areas 


Each  not  exceeding  300  square  feet 
Each  not  exceeding  800  square  feet 
Each  exceeding  800  square  feet 


Minimum 

niimber 

of  intakes 


Xet  aggregate 
area  of  intakes 


One 
Two 
Two 


19A  square  feet 
40  square  feet 
60     square  feet 


Every  such  intake  shall  always  extend  directly  to  the  front  of  lot 
or  front  yard,  or  rear  yard,  or  to  a  side  yard,  or  to  a  street,  or  to  a  public 
alley  or  public  park.  Whenever  more  than  one  intake  is  required,  one  such 
intake  shall  extend  to  the  front  of  lot  or  front  yard,  and  one  to  the  rear 
yard,  public  alley,  public  park,  or  to  the  other  street,  and  the  court  ends  of 
the  air  intakes  shall  be  as  far  apart  as  possible. 

Each  such  intake  shall  consist  of  an  unobstructed  duct  or  passage- 
way having  a  minimum  width  of  three  feet  in  all  its  parts  and  a  mini- 
miiii)  height  of  six  feet  six  inches. 

Every  such  intake  shall  be  constructed  of  approved  incombustible 
materials,  or  shall  be  lined  with  at  least  number  twenty-six  (gauge)  gal- 
v;i.ii/cd    iron    on    tlie    inside    thereof.     Such    air   intakes   may   be    closed 


1331  TENEMENT  HOUSES.       Act  4098a,  §§  26-28 

at  each  eud  with  a  gate  or  grill  having  uot  less  than  seventy-five  per 
cent  of  open  work. 

In  case  the  inner  court  does  not  extend  below  the  second  floor  level, 
then  each  such  air  intake  may  consist  of  an  unobstructed  open  duct, 
constructed  of  approved  incombustible  materials  or  lined  with  at  least 
number  twenty-six  (gauge)  galvanized  iron  on  the  inside  thereof,  having 
an  interior  area  of  not  less  than  nineteen  and  one-half  square  feet,  and 
in  no  dimension  less  than  twelve  inches,  and  covered  at  each  end  with 
a  wire  screen  of  not  less  than  one  inch  mesh. 

Every  air  intake  shall  be  drained  and  so  constructed  and  arranged  as 
to  be  readily  cleaned  out. 

§  26.  Cellars.  In  no  tenement  house  shall  any  room  in  the  cellar 
be  constructed,  altered,  converted  or  occupied  for  living  or  sleeping 
purposes. 

Every  cellar  shall  be  illuminated  and  ventilated.  The  walls  and  floor 
of  every  cellar  hereafter  constructed,  which  are  below  the  ground  level, 
shall  be  made  waterproof  and  dampproof,  and  whenever  deemed  neces^ 
sary,  and  so  ordered  by  the  department  charged  with  the  enforcement 
of  this  act,  the  walls  and  ceilings  thereof  shall  be  plastered. 

§  27.  Basements.  In  no  tenement  house  shall  any  room  in  the  base- 
ment be  constructed,  altered,  converted  or  occupied  for  living  or  sleep- 
ing purposes,  unless  such  room  conforms  to  all  of  the  requirements  of 
this  act  for  rooms  in  other  parts  of  the  building  and  that  the  ceiling 
of  each  such  room  be  in  all  parts  not  less  than  seven  feet  above  the  ad- 
joining level. 

Every  basement  shall  be  illuminated  and  ventilated.  The  walls  and 
floors  of  every  basement  hereafter  constructed,  which  are  below  the 
ground  level,  shall  be  made  waterproof  and  dampproof,  and  whenever 
deemed  necessary,  and  so  ordered  by  the  department  charged  with  the 
enforcement  of  this  act,  the  walls  and  ceilings  thereof  shall  be  plastered. 

§  28.     Ventilation  beneath  floor.     Floor  made  impervious  to  rats.     In 

every  tenement  house  hereafter  erected,  the  lowest  floor  thereof  shall 
be  at  least  eighteen  inches  above  the  surface  soil  adjoining  and  under  the 
floor,  and  the  entire  space  under  such  floor  shall  be  kept  dry,  drained, 
clean  and  free  from  any  accumulation  of  rubbish,  debris  or  filth. 

Such  space  under  the  floor  shall  be  inclosed  and  provided  with  a  suffi- 
cient number  of  openings  with  removable  sc~i-eens  or  similar  provisions 
of  a  size  to  insure  ample  ventilation;  provided,  however,  that  in  any 
such  building  the  lowest  floor  thereof  may  be  less  than  eighteen  inches 
above  the  surface  soil,  but  in  no  case  less  than  six  inches,  except  where 
masonry  floors  are  laid  directly  on  the  soil,  if  the  said  floor  is  made 
impervious  to  the  ingress  of  rats  or  other  vermin  as  follows: 

(a)  Foundation  walls  shall  be  constructed  of  concrete  or  of  brick 
or  stone  or  other  masonry  laid  in  a  good  mortar  or  constructed  of  some 
other  equally  rat -proof  material. 

(b)  The  said  foundation  walls  shall  be  not  less  than  six  inches  in 
thickness  at  the  top  nor  less  than  twelve  inches  in  thickness  at  the  bot- 
tom, nor  extend  less  than  twelve  inches  below  the  surface  soil,  and,  ex- 


Act  4098a,  ^  29  general  laws.  1332 

cept  where  masonry  floors  are  laid  directly  on  the  soil,  shall  extend  not 
less  than  six  inches  above  the  surface  soil. 

(c)  Every  opening  in  the  foundation  walls,  for  ventilation  or  for 
other  purposes,  shall  be  made  rat  proof  with  suitable  metal  screens  or 
with  some  other  similar  rat-proof  material.  Door  or  window  openings 
in  such  walls  shall  have  tight-fittiug  doors  or  windows. 

(d)  The  said  lowest  floor  or  dift'ering  levels  thereof,  forming  a  complete 
floor  between  the  outside  walls  of  the  building,  shall  be  constructed 
cither  of  masonrj',  or  covered  with  concrete  not  less  than  one  and  one- 
half  inches  thick,  or  constructed  of  two  layers  of  flooring  with  a  layer 
of  galvanized  iron  or  galvanized  iron  wire  cloth  or  other  approved 
equally  as  rat-proof  material  placed  between  the  two  layers  of  flooring. 
Or,  in  lieu  of  the  floor  being  constructed  as  herein  prescribed,  the  entire 
ground  area  under  the  floor  shall  be  covered  with  concrete  not  less  than 
two  inches  thick,  except  where  the  surface  of  the  soil  is  composed  of 
rock.  The  rat-proofing  material  shall  always  extend  under  the  plates 
of  the  exterior  walls  and  supporting  partitions. 

(e)  All  openings  throughout  the  said  floor  for  chimneys,  plumbing, 
water-pipes,  or  for  any  other  purpose,  shall  be  closed  up  tight  in  the 
same  manner  and  with  the  same  kind  of  materials  as  required  under  the 
plates  of  the  exterior  walls  and  supporting  partitions,  and  if  the  rat- 
proofing  material  used  for  closing  of  openings  is  other  than  masonry, 
it  shall  extend  beyond  and  uiaderlap  the  flooring  all  around  the  opening, 
not  less  than  two  inches. 

§  29.  Floor  area  of  rooms.  Width  and  height.  Water-closets,  etc. 
Curtains.  In  every  apartment  in  every  tenement  house  hereafter  erected 
there  shall  be  at  least  one  room  containing  not  less  than  one  hundred 
twenty  square  feet  of  superficial  floor  area,  and  every  other  room  shall 
contain  at  least  ninety  square  feet  of  superficial  floor  area,  except  water- 
closet,  bath  or  slop-sink  compartments,  and  except  kitchens,  closets,  re- 
cesses from  rooms,  or  dressing-rooms. 

Every  kitchen  shall  contain  not  less  than  fifty  square  feet  of  super- 
ficial floor  area. 

Every  room  shall  at  every  point  be  not  less  than  seven  feet  in  width, 
nor  less  than  nine  feet  in  height,  measured  from  the  finished  floor  to 
the  finished  ceiling;  except  that  attic  rooms  and  rooms  where  sloping 
eeiliugs  occur  need  be  nine  feet  in  height  in  but  one-half  the  area  of  the 
room;  provided,  however,  that  the  provisions  of  this  paragraph  shall 
not  apply  to  water-closet,  bath  or  slop-sink  compartments,  nor  to  closets, 
nor  to  recesses  from  rooms,  nor  to  dressing-rooms,  nor  shall  the  provi- 
sions of  this  paragraph  as  to  minimum  width  apply  to  kitchens. 

Every  water-closet  compartment  shall  be  not  less  than  thirty-six 
inches  in  clear  width,  and  every  such  water-closet  compartment,  bath 
or  slop-sink  compartment,  or  closet,  or  recess  from  a  room,  or  dressing- 
room,  shall  have  a  height  of  not  less  than  seven  feet  six  inches,  meas- 
ured from  the  finished  floor  to  the  finislied  ceiling.  Every  closet,  recess 
from  a  room,  or  dressing-room,  whicli  contains  more  than  twenty-five 
square  feet  of  superficial  floor  area  (built-in  dressers,  clothes-presses 
and  similar  features  which  arc  a  substantial  part  of  the  structure  shall 
jiot  be  deemed  to  be  a  |)art  of  the  floor  area  of  a  closet,  recess  from  a 


1333  TENEMENT  HOUSES.       Act  4098a,  §§  30-32 

room)  or  dressing-room  shall  conform  to  all  of  the  provisions  of  this 
act  as  to  rooms,  and  shall  contain  not  less  than  ninety  square  feet  of 
superficial  floor  area. 

No  part  of  any  room  in  any  tenement  house  shall  hereafter  be  in 
closed  or  subdivided  wholly,  or  in  part,  by  a  curtain,  portiere,  fixed  or 
movable  partition,  or  other  contrivance  or  device,  for  any  purpose  con- 
trary to  any  of  the  provisions  of  this  act. 

Entertainment,  amusement  or  reception  rooms  hereafter  constructed, 
altered  or  converted  in  any  tenement  house  shall  conform  to  the  pro- 
visions of  section  thirty-three  of  this  act. 

§  30.     Windows.     Opening  into   vent   shaft.     Opening  through  porch. 

In  every  tenement  house  hereafter  erected  every  room,  kitchen,  and 
every  water-closet  compartment,  toilet  or  shower-room,  and  bath  or  slop- 
sink  room  (except  in  the  cellar),  shall  have  at  least  one  window  of 
the  area  hereinafter  required  opening  directly  upon  a  street,  or  upon 
a  yard  or  court,  of  the  dimensions  specified  in  this  act  and  located  on 
the  same  lot. 

All  windows  required  by  this  act  shall  be  located  so  as  to  properly 
light  all  portions  of  the  rooms,  and  shall  be  made  so  as  to  open  in  all 
parts  and  so  arranged  that  at  least  one-half  of  each  such  window  may 
be  opened  unobstructed;  provided,  however,  that  the  windows  required 
by  this  section  in  a  water-closet  compartment,  toilet  or  shower-room, 
and  bath  or  slop-sink  room,  may  open  directly  into  a  vent  shaft,  such 
vent  shaft  to  be  of  the  minimum  size  and  constructed  of  the  materials 
and  in  the  manner  prescribed  by  section  sixty-one  of  this  act;  provided, 
further,  that  windows  required  to  open  on  to  a  street,  yard,  or  an  outer 
court,  except  windows  from  kitchens,  may  open  through  porches,  pro- 
vided that  said  porches  do  not  exceed  seven  feet  in  depth  measured 
at  right  angles  to  the  windows,  and  that  at  least  seventy-five  per  cent 
of  the  entire  side  of  the  porch,  bounded  by  the  street,  yard,  or  outer 
court,  is  left  open  except  that  the  open  space  may  be  inclosed  with 
mosquito  screens. 

§  31.  Window  area.  In  every  tenement  house  hereafter  erected  the 
total  window  area  in  each  room  except  in  a  water-closet  compartment, 
bath,  toilet,  slop-sink  room  or  shower-room  shall  be  at  least  one-eighth 
of  the  superficial  floor  area  of  the  room. 

The  aggregate  window  area  in  each  room  shall  be  not  less  than 
twelve  square  feet,  and  no  single  window  shall  be  less  than  six  square 
feet  in  area. 

All  measurements  for  window  area  shall  be  taken  to  outside  of  sash. 

§  32.  Windows.  In  every  tenement  house  hereafter  erected  each 
window  in  a  water-closet  compartment  or  bath,  toilet  or  slop-sink  room, 
or  shower-room,  shall  be  not  less  than  three  square  feet  in  area.  The 
aggregate  area  of  windows  for  each  such  compartment  or  room  shall  be 
not  less  than  six  square  feet.  In  each  such  compartment  or  room  con- 
taining more  than  one  water-closet,  bath,  urinal,  or  slop-sink,  the  aggre- 
gate window  area  shall  be  equivalent  to  three  square  feet  for  each 
water-closet,   bath,   urinal   or   slop-sink   therein,   except   that   at   no   time 


Act  4098a,  §§  33, 3-4  general  laws.  1334 

need   the   aggregate   window   area    exceed   one-fourth    of   the    superficial 
floor  area  of  such  compartment  or  room. 

§  33.  Windows.  Ventilation  by  fan  exhaust  system.  Penalty  for  fail- 
ing to  maintain  system.  Height  of  amusement  rooms.  In  every  tenement 
house  hereafter  erected,  the  total  window  area  in  each  room  used  for  the 
purpose  of  amusement,  entertainment  or  as  a  reception-room,  or  any  room 
used  for  similar  purposes,  which  room  has  a  superficial  floor  area  not 
exceeding  one  hundred  eightj^  square  feet,  shall  be  at  least  one-eighth  of 
the  superficial  floor  area  of  such  room. 

Every  such  room  which  has  a  superficial  floor  area  exceeding  one  hun- 
dred eighty  square  feet  shall  have  an  aggregate  window  area  not  less 
than  that  recjuired  for  a  room  of  one  hundred  eighty  square  feet  of 
superficial  floor  area. 

Amusement,  entertainment  or  reception-rooms  and  rooms  used  for 
similar  purposes,  in  lieu  of  being  provided  with  windows,  as  in  this  sec- 
tion prescribed,  may  be  provided  with  a  fan  exhaust  system  of  ventila- 
tion. Such  fan-exhaust  system  of  ventilation  shall  consist  of  independ- 
ent inlet  ducts,  extending  from  the  outer  air  to  each  such  room  and 
exhaust  ducts  extending  from  each  such  room  to  the  outer  air  above  the 
highest  roof  of  the  building. 

All  of  the  inlet  ducts  and  exhaust  ducts  shall  be  constructed  of  gal- 
vanized iron  or  other  smooth-surfaced,  nonabsorbent  material  and  so 
aiTanged  that  they  may  be  readily  cleaned  out. 

The  exhaust  ducts  shall  always  be  connected  to  an  exhaust  fan  me- 
chanically operated,  so  designed  and  operated  as  to  provide  a  complete 
change  of  air  in  not  to  exceed  fifteen  minutes  for  each  such  room. 

Any  person  in  charge  of  a  building  in  which  a  system  of  fan-exhaust 
ventilation,  as  in  this  section  is  required,  who  fails,  neglects  or  refuses 
to  operate  and  maintain  the  said  system  of  ventilation  in  good  order 
and  repair  so  that  the  ventilation  (complete  change  of  air)  herein  speci- 
fied is  provided  in  each  such  room  at  all  times,  shall  be  deemed  guilty 
of  a  misdemeanor  and  subject  to  all  of  the  penalties  fixed  by  this  act. 

Every  amusement,  entertainment  or  reception  room,  or  any  room 
used  for  similar  purposes,  shall  have  a  minimum  height  between  the 
finished  floor  and  the  finished  ceiling  of  not  less  than  nine  feet.  No 
Kuch  room  or  part  thereof  shall  be  used  for  living  or  sleeping  apartments, 
except  that  said  room  or  part  thereof  complies  with  all  of  the  other 
provisions  of  this  act,  for  living  and  sleeping  apartments. 

§34.  Windows  in  public  hallway.  Skylight.  French  windows.  In 
every  tenement  house  hereafter  erected,  every  public  hallway  on  any 
floor  where  there  arc  more  than  three  apartments  shall  have  at  least 
one  window  opening  directly  upon  a  street,  or  upon  a  yard  or  a  court 
of  the  dimensions  specified  in  this  act  and  located  on  the  same  lot;  such 
windows  shall  be  at  the  end  of  the  public  hallway  and  placed  so  as  to 
secure  the  maximum  light  into  tlio  hallway;  provided,  however,  that 
in  tenement  houses  not  exceeding  two  stories  in  height,  the  public 
liallway  may,  in  lieu  of  such  windows,  be  lighted  and  ventilated  by  one 
or  more  skylights  constructed  in  accordance  with  Itie  provisions  of  this 
act. 


1335  TENEMENT  HOUSES.       Act  4098a,  §§  35,  36 

Every  window  required  by  tliis  act  in  a  public  hallway  shall  be  not 
less  than  twenty-nine  inches  in  clear  width,  nor  less  than  fifty-eight 
inches  in  height,  and  the  finished  sill  of  same  shall  not  be  more  than 
thirty  inches  above  the  adjoining  finished  floor.  Every  such  window 
shall  be  made  so  as  to  open  and  so  arranged  that  at  least  one-half  of  the 
window  may  be  opened  unobstructed. 

Every  skylight  provided  for  in  this  section  sliall  have  an  effective 
horizontal  area  of  glass  of  not  less  than  fifteen  square  feet,  and  shall 
have  ridge  ventilators  or  fixed  or  movable  louvres  so  as  to  provide  a 
ventilating  area  of  not  less  than  five  hundred  square  inches.  Such 
skylights  shall  be  so  located  that  no  portion  of  the  hallway  be  distant 
more  than  twenty  feet  (measured  from  a  vertical  line),  from  a  skylight 
opening. 

Any  part  of  a  public  hallway  which  is  offset,  recessed,  or  cut  off 
from  any  other  part  of  a  hallway  where  such  offset  or  recess  is  more 
in  length  than  one  and  one-half  times  the  width  of  the  public  hallway 
from  which  it  offsets  or  recesses,  shall  be  deemed  a  separate  public  hall- 
way within  the  meaning  of  this  section. 

FTench  windows  or  doors,  if  arranged  to  open  and  glazed  to  give  the 
areas  of  opening  and  glass  required  by  this  act  for  windows  in  public 
hallways,  may  be  used  in  lieu  of  windows  therein. 

§  35.  Ventilating  skylight.  In  every  tenement  house  two  or  more 
stories  in  height  hereafter  erected,  where  there  are  more  than  three 
apartments  on  any  one  floor,  there  shall  be  provided  at  the  roof  over 
each  stairway  a  ventilating  skylight,  placed  directly  as  practicable  over 
same,  having  a  minimum  effective  horizontal  area  of  glass  at  least 
twenty  square  feet  in  area  for  buildings  two  stories  in  height,  and  the 
area  of  glass  in  such  skylight  shall  be  increased  at  a  ratio  of  six  square 
feet  for  each  additional  story  in  height.  In  every  such  skylight  the 
ventilating  area  shall  be  not  less  than  five  hundred  square  inches. 

Every  such  skylight  and  the  ventilating  openings  and  the  shutters 
and  the  closing  and  opening  devices  for  the  ventilating  openings  shall 
be  made  of  approved  incombustible  materials,  and  so  arranged  that  the 
entire  ventilating  area  may  be  readily  opened  from  at  least  the  top- 
most and  first  story  levels,  except  that  in  tenement  houses  not  exceeding 
four  stories  in  height  the  ventilators  may  be  arranged  so  as  to  open 
from  at  least  the  first  story,  or  the  ventilators  may  be  fixed  permanently 
in  an  open  position. 

Skylights  as  in  this  section  prescribed  may  be  omitted  in  case  that 
windows  are  provided  of  the  size  fixed  by  section  thirty-four  hereof  and 
located  adjoining  the  stairways,  and  that  each  window  adjoining  the 
stairway  be  provided  with  an  open  louvre  or  ventilator  providing  a  venti- 
lating area  of  not  less  than  one  hundred  square  inches  or  such  louvre  or 
ventilator  may  be  placed  in  the  roof  over  the  stairway,  in  w^hich  event 
the  ventilating  area  shall  be  not  less  than  five  hundred  square  inches. 

Whenever  a  skylight  is  required  as  in  this  section  provided  there  shall 
be  constructed  a  stair  well,  the  clear  open  area  of  which  shall  be  at 
each  floor  equal  to  one-third  of  the  area  of  glass  in  the  skjdight. 

§  36.  Water-closets.  In  every  tenement  house  hereafter  erected,  every 
apartment  shall  be  so  arranged  that  access  may  be  had  to  every  living- 


Act4098a,  §§  37, 38  general  laws.  1336 

room,  and  to  at  least  one  water-closet  compartment,  without  passing 
through  a  bedroom;  provided,  however,  that  nothing  in  this  section  shall 
be  so  construed  as  to  prohibit  passing  through  a  bedroom  in  going  from 
a  kitchen  to  a  bathroom  or  water-closet  compartment. 

§  37.     Water-closet  for  each  apartment.     Waterproof  floor.     In  every 

tenement  house  hereafter  erected  there  shall  be  installed  one  water-closet 
within  each  apartment  located  in  a  separate  compartment  or  located  in 
a  compartment  with  a  bathtub,  shower  or  lavatory,  used  exclusively  by 
the  occupants  of  the  apartment. 

No  door  or  other  opening  to  a  water-closet  compartment  shall  open 
from  or  into  any  room  in  which  food  is  prepared  or  stored.  The  walls 
inclosing  a  water-closet  compartment  shall  be  well  plastered  or  con- 
structed of  some  nonabsorbent  material,  except  that  the  ordinary  wood 
trim  of  openings  may  be  used  in  such  compartment.  Every  such  com- 
partment shall  be  provided  and  equipped  with  a  full  door,  properly 
hung,  and  provided  with  a  lock  or  bolt  to  lock  same. 

The  floor  of  every  such  water-closet  compartment  shall  be  made  water- 
proof with  asphalt,  tile,  marble,  terrazzo,  cement,  or  some  other  similar 
nonabsorbent  material,  and  such  waterproofing  shall  extend  not  less 
than  six  inches  on  the  vertical  walls  of  the  room.  No  water-closet  fixture 
shall  be  inclosed  with  woodwork. 

§  38.  In  tenement  house  already  erected.  Sewer  connection  required. 
In  every  tenement  house  erected  prior  to  the  passage  of  this  act  there 
shall  be  provided  at  least  one  water-closet  in  a  separate  compartment, 
located  on  the  public  hallway  of  the  same  floor,  for  every  three  apart- 
ments or  fractional  part  thereof  on  such  floor  which  are  not  provided 
with  private  water-closets.  Where  two  or  more  water-closets  are  re- 
quired by  the  provisions  of  this  section  to  be  located  on  a  public  hall- 
way, one  of  such  water-closets  shall  be  distinctly  marked  "for  men," 
and  one  of  the  water-closets  distinctly  marked  "for  women";  provided, 
however,  that  the  housing  department  charged  with  the  enforcement 
of  this  act  may  exempt  any  tenement  house  existing  at  the  time  of  the 
passage  of  this  act  from  fully  complying  with  the  provisions  of  this 
jiaragraph,  when,  in  its  discretion,  such  deviation  will  not  be  detrimental 
to  the  health  of  the  occupants  thereof  or  to  the  sanitation  of  the  said 
tenement  house  or  premises. 

Nothing  in  this  section  shall  be  construed  as  permitting  such  exemp- 
tions to  apply  to  any  addition  or  extension  to  any  tenement  house. 

Every  water-closet  hereafter  placed  in  a  tenement  house  erected  prior 
to  the  passage  of  this  act  shall  comply  with  every  provision  of  this  act 
relative  to  wnter-closets  installed  in  tenement  houses  hereafter  erected, 
except  tiiat  if  a  water-closet  is  installed  in  the  top  story  of  any  such 
liuilding,  the  compartment  in  which  it  is  installed  may  be  ventilated 
by  a  skylight  with  fixed  louvres  in  lieu  of  a  window;  provided,  however, 
that  a  new  water-closet  may  be  installed  to  replace  a  defective  or  anti- 
quated fixture  in  the  same  location. 

Every  tenement  house  erectcn]  prioi'  to  the  ])assa'ge  of  this  act,  or  here- 
after erected,  where;  a  coniM'ctidn  wilh  the  sewer  is  possible,  shall  discon- 
tinue Ihe  use  of  any  school   sink,  privy   vault,  or  any  similar  receptacle 


J-'5'57  TENEMENT  MOUSES.         Act  4098a,  §§  39-41 

used  to  io(-eive  fecal  matter,  urine  or  sewage,  aud  every  such  receptacle 
shall  be  completely  removed  and  the  place  where  it  was  located  be 
properly  disinfected.  All  such  receptacles  shall  be  replaced  by  indi- 
vidual water-closets  of  durable  nonabsorbent  material,  properly  con- 
nected, trapped,  vented  and  provided  with  flush  tanks,  the  same  as  is  re- 
quired, by  the  provisions  of  this  act.  in  tenement  houses  hereafter 
erected.  i 

§39.  Bathtub  or  shower.  In  every  tenement  house  hereafter  erected 
there  shall  be  a  bathtub  or  shower  within  each  apartment,  and  such 
bathtub  or  shower  shall  be  located  in  a  separate  compartment,  or  there 
may  be  provided  one  such  bathtub  or  shower  in  a  separate  compartment 
for  every  three  such  apartments  which  are  not  provided  with  private 
baths  or  showers;  provided,  that  said  bathtub  or  shower  is  on  the  same 
floor  and  is  accessible  from  each  apartment  through  the  public  hallway. 

In  everj'  tenement  house  hereafter  erected  there  shall  be  at  least  one 
kitchen  sink  within  each  apartment. 

The  walls,  floors  and  openings  to  every  bath,  shower  or  slop-sink  room 
hereafter  constructed  shall  conform  to  all  of  the  provisions  of  this  act 
relative  to  the  waterproofing  of  the  walls  and  floors,  and  of  the  con- 
struction of  the  doors  of  water-closet  compartments  in  tenement  houses 
hereafter  erected. 

§  40.  In  tenement  house  already  erected.  In  every  tenement  house 
erected  prior  to  the  passage  of  this  act  there  shall  be  provided  at  least 
one  bathtub  or  shower  in  a  separate  compartment,  located  on  the  same 
floor,  for  every  five  apartments,  or  fractional  part  thereof,  which  are 
not  provided  with  private  baths  or  showers,  on  each  such  floor,  and 
there  shall  be  provided  at  least  one  kitchen  sink  in  each  apartment; 
provided,  however  that  the  department  charged  with  the  enforcement 
of  this  act  may  exempt  any  tenement  house  existing  at  the  time  of  the 
passage  of  this  act  from  fully  complying  with  the  provisions  of  this 
gection  when,  in  its  discretion,  such  deviation  will  not  be  detrimental 
to  the  health  of  the  occupants  thereof  or  to  the  sanitation  of  the  said 
tenement  house  or  premises;  provided,  further,  that  no  such  exemption 
shall  apply  to  any  addition  or  extension  to  a  tenement  house. 

§  41.  Running  water.  Sewer  connection.  In  every  tenement  house 
hereafter  erected  every  plumbing  fixture  shall  be  provided  with  run- 
ning water,  and  there  shall  be  provided  faucets,  with  running  water, 
sufficient  in  number  so  that  all  of  the  yards,  courts  and  passageways 
may  be  washed.  Faucets  shall  be  of  the  hose  bibb  type,  not  less  than 
three-quarter  inch  size. 

Every  plumbing  fixture  affecting  the  sanitary  drainage  system  in 
tenement  houses  hereafter  erected,  shall  be  properly  connected  with  the 
street  sew'er,  if  a  street  sewer  exists  in  the  street  abutting  the  lot  on  which 
the  building  is  located  and  is  ready  to  receive  connections.  When  it 
is  impracticable  to  connect  such  plumbing  fixtures  with  a  street  sewer, 
then  the  plumbing  fixtures  shall  be  connected  and  drained  into  a  cess- 
pool constructed  satisfactorily  to  the  department  charged  with  the 
enforcement  of  this  act;   or  some  other  means  of  sewage  disposal  satis- 


Act  .t098a,  §§42-44  general  laws.  1338 

factory  to  the  department  charged  with  the  enforcement  of  this  act  may 
be  made  until  such  time  as  it  may  become  practicable  and  possible  to 
connect  with  the  street  sewer. 

§  42.  In  tenenient  house  already  erected.  In  every  tenement  house 
erected  prior  to  the  passage  of  this  act,  every  plumbing  fixture  shall  be 
provided  with  running  water,  and  there  shall  be  provided  faucets,  with 
running  water,  sufficient  in  number  so  that  all  of  the  yards,  courts  and 
passageways  may  be  washed.  Faucets  shall  be  of  the  hose  bibb  type, 
not  less  than  tliree-quarter  inch  size. 

§  43.  In  case  no  running  water.  Privy.  Water-closets,  baths,  show- 
ers, sinks,  slop-sinks,  faucets  and  other  plumbing  fixtures  required  by 
this  act  need  not  be  installed  in  the  event  that  the  tenement  house  here- 
after erected  or  an  existing  tenement  house,  as  the  case  may  be,  is 
situated  where  there  is  no  running  water  and  where  there  is  no  practical 
means  of  sewage  disposal,  until  such  time  as  it  becomes  practicable  and 
possible  to  obtain  running  water  and  means  of  sewage  disposal;  pro- 
vided, in  every  such  case  the  department  charged  with  the  enforcement 
of  this  act  shall  decide  whether  or  not  it  is  practicable  and  possible  to 
provide  running  water  and  proper  means  of  sewage  disposal.  A  special 
permit  in  writing  shall  be  obtained  in  every  such  case  from  the  depart- 
ment charged  with  the  enforcement  of  this  act,  which  permit  shall  be 
made  in  duplicate,  and  a  copy  thereof  shall  remain  on  file  in  the  depart- 
ment issuing  it;  provided,  further,  that  proper,  separate  toilet  facilities 
for  each  sex  shall  be  provided  for  the  iise  of  the  occupants  of  such  build- 
ing. Such  facilities  shall  be  made  sanitary.  A  privy,  or  toilet  other 
than  a  water-closet,  erected  under  the  authority  of  this  section  shall  con- 
sist of  a  pit  at  least  three  feet  deep,  with  suitable  shelter  over  the  same 
to  afford  privacy,  and  protection  from  the  elements.  The  openings  of 
the  shelter  and  pit  shall  be  inclosed  by  mosquito  screening,  and  the  door 
to  the  shelter  shall  be  made  to  close  automatically  by  means  of  a  spring 
or  other  device.  No  privy  pit  shall  be  allowed  to  become  filled  with 
excreta  to  nearer  than  one  foot  from  the  surface  of  the  ground,  and  the 
excreta  in  the  pit  shall  be  covered  with  earth,  ashes,  lime  or  similar 
substances  at  regular  intervals.  All  drainage  water  shall  be  conveyed 
from  the  premises  by  means  of  a  covered  drain  to  a  covered  cesspool. 

§  44.  Plumbing  fixtures  made  sanitary.  In  every  tenement  house  here- 
after erected  all  plumbing  fixtures  affecting  the  sanitary  drainage  system 
shall  be  properly  trapped  and  vented  and  made  sanitary  in  every  par- 
ticular. In  any  tenement  house  hereafter  erected,  and  in  any  tenement 
house  erected  prior  to  the  passage  of  this  act  no  plumbing  fixtures  shall 
1)0  inclosed  witli  woodwork,  but  the  space  under  and  around  same  must 
be  left  entirely  open.  All  woodwork  inclosing  a  water-closet,  sink,  slop- 
sink,  wa.sh  tray  or  lavatory  shall  be  removed  and  the  floor  and  wall 
surface  beneatii  uikI  around  smdi  water-closet,  sink,  slop-sink,  wash-tray 
or  lavatory  shall  be  maiiif iiincd  in  good  repair,  and  if  of  wood,  well 
painted  with  a  light-colored  ]iaint  of  suHicient  body  to  make  it  non- 
absorbent.  All  wooden  seats,  attached  to  water-closet  bowls,  shall  be 
varnished  or  enameled,  or  by  some  other  method  be  made  nonabsorbent. 


1339  TENEMENT  HOUSES.       Act  4098a,  §§  45-48 

In  every  tenement  house  hereafter  erected  water-closets  shall  have  earth- 
enware bowls  and  shall  have  earthenware  seats  integral  with  the  bowls, 
or  wooden  seats  varnished  or  enameled  so  as  to  be  nonabsorbent,  or 
seats  made  of  some  nonabsorbent  material  attached  directly  to  the  bowls. 
No  wooden  wash-trays  or  wooden  kitchen  sinks  shall  be  permitted  in 
such  buildings.  All  plumbing  connections  hereafter  made  in  buildings 
shall  be  of  standard  lead,  iron,  steel  or  brass;  and  every  gas  and  water 
service  connection  hereafter  made  shall  be  of  steel  or  iron,  and  shall  be 
equipped  with  cut-off  valves  placed  outside  of  the  building  and  such  eut- 
otf  valves  shall  be  readily  accessible. 

Whenever  any  plumbing  fixture  becomes  insanitary  the  department 
charged  with  the  enforcement  of  this  act  is  hereby  empowered  to  order 
the  same  removed  and  to  order  that  it  be  replaced  by  a  fixture  conform- 
ing to  the  provisions  of  this  act. 

§  45.  Two  means  of  egress.  Every  tenement  house  hereafter  erected, 
three  or  more  stories  in  height  and  in  which  there  are  three  or  more 
apartments  on  any  one  floor,  shall  be  so  designed  and  constructed  that 
every  apartment  in  such  building  shall  have  not  less  than  two  means  of 
egress,  either  by  stairways  or  fire-escapes,  constructed  in  accordance  with 
the  provisions  of  this  act.  Such  means  of  egress  shall  be  accessible  from 
every  apartment,  either  directly  or  through  a  public  hallway,  and  so 
located  that  should  one  egress  be  or  become  blocked,  the  other  egress 
shall  be  available. 

§  46.  Stairways.  Every  tenement  house  hereafter  erected  shall  have 
not  less  than  two  stairways. 

Every  fireproof  tenement  house  hereafter  erected  shall  have  not  less 
than  one  staii'way,  not  less  than  three  feet  six  inches  wide,  for  each  six 
thousand  square  feet,  or  fractional  part  thereof,  of  floor  area  in  any  one 
floor  above  the  first  floor  thereof. 

Every  semi-fireproof  tenement  house  hereafter  erected  shall  have  not 
less  than  one  stairway,  not  less  than  three  feet  six  inches  wide,  for  each 
four  thousand  square  feet,  or  fractional  part  thereof,  of  floor  area  in  any 
one  floor  above  the  first  floor  thereof. 

Every  wooden  tenement  house  hereafter  erected  shall  have  not  less 
than  one  stairway,  not  less  than  three  feet  six  inches  wide,  for  each 
three  thousand  square  feet,  or  fractional  part  thereof,  of  floor  area  in 
any  one  floor  above  the  first  floor  thereof. 

Every  tenement  house  hereafter  erected  shall  have  not  less  than  one 
stairway  leading  from  the  outside  to  every  basement  or  cellar  thereof. 

§  47.  Computing  number  of  stairways  required.  The  largest  floor  area 
above  the  ground  floor  shall  be  used  as  the  basis  for  computing  the  num- 
ber of  stairways  required  in  every  tenement  house  hereafter  erected; 
provided,  that  if  all  floors  above  the  largest  floor  area  of  the  building 
are  diminished  in  area,  the  stairway  or  stairways  from  that  portion  of 
the  building  containing  a  smaller  area  may  be  computed  on  the  basis 
of  the  largest  floor  area  in  that  portion  of  the  building. 

§  48,  Location  of  stairways.  All  stairways  hereafter  constructed  shall 
be  located  so  as  to  furnish  the  best  means  of  egress  from  the  building, 


Act  4098a,  §§  49, 50  general  laws.  1;J4() 

and  shall  be  as  far  removed  from  each  other  as  practicable,  and  shall  be 
as  follows:  ,  *, 

Access  to  stairways  shall  be  provided  at  every  floor  by  means  of  a 
public  hallway,  corridor,  or  passageway,  and  the  public  hallway,  corridor, 
passageway  and  stairway  from  the  ground  exit  level  to  the  top  story  or 
roof  shall  be  accessible  at  all  times. 

No  stairway  shall  abut  on  more  than  one  side  of  an  elevator  shaft, 
except  on  the  lowest  and  topmost  stories,  provided  that  the  stairway  is 
so  located  that  it  can  be  approached  from  the  street  entrance  without 
passing  by  or  in  front  of  the  open  side  of  the  said  elevator  shaft. 

No  stairway  shall  be  located  over  a  steam  boiler,  gas  meter  or  gas 
heater  or  furnace,  unless  such  boiler,  gas  meter,  gas  heater,  or  furnace 
be  located  in  a  room,  the  walls  and  ceiling  of  which  are  constructed  as 
required  for  a  boiler-room  by  section  sixty-three  of  this  act.  No  stair- 
way leading  from  any  other  portion  of  the  building  shall  terminate  in  or 
pass  througli  a  boiler-room.   • 

§  49.  Construction  of  stairways.  Every  stairway  hereafter  con- 
structed shall  be  as  follows:  have  a  rise  of  not  more  than  eight  inches 
and  a  run  of  not  less  than  nine  inches,  without  change  in  the  run  or 
rise  between  floors;  and  shall  be  provided  with  head  room  of  not  less 
than  six  feet  six  inches  measured  from  the  nearest  nosing  of  the  stairway 
to  the  nearest  soffit. 

The  depth  of  every  landing  in  a  stairway  shall  be  not  less  than  the 
width  of  the  stairway,  and  all  treads  shall  be  of  equal  width  for  every 
run  of  stairs,  and  shall  not  vary  in  width  in  the  width  of  the  stairs. 

Stairways  required  by  this  act  shall  be  continuous  from  the  ground 
floor  level  to  the  top  story,  i.  e.,  the  flights  of  such  stairways  shall  be 
constructed  one  directly 'above  the  other,  or  shall  be  constructed  so  that 
each  flight  shall  be  in  plain  view  of  each  succeeding  flight;  provided, 
however,  that  half  of  the  stairways  from  the  upper  floors  may  terminate 
at  the  second  floor,  in  the  event  that  the  stairways  from  the  first  to  the 
second  floor  be  increased  in  width  not  less  than  fifty  per  cent. 

Every  stairway  shall  have  at  least  one  handrail,  and  if  the  stairway 
be  five  feet  or  more  in  width,  shall  have  a  handrail  on  each  side  thereof. 

The  underside  and  sofiits  of  wooden  stair\^ays  and  the  outside  stringers 
of  open  stairways  except  outside  stairway,  in  semi-fireproof  and  wooden 
tenement  houses  shall  be  metal  lathed  and  plastered  not  less  than  three- 
quarters  inch  thick  including  the  lath,  or  lathed  with  an  approved  plaster 
board  and  plastered  not  less  than  three-quarters  inch  thick  including 
the  plaster  board. 

The  width  of  stairways  shall  he  measured  in  the  clear  of  all  projec- 
tions except  the  baseboards,  and  except  that  handrails  and  newel  posts 
may  project  not  more  than  four  inches. 

§50.  Space  under  stairway.  No  closet  of  any  kind  shall  be  con- 
Htruct('(i  in  any  tenement  house  under  any  wooden  stairway,  but  such 
space  shall  be  kept  entirely  open,  and  be  kept  clean  and  free  from  all 
encumbrances;  or  such  space  shall  be  cfl'ectually  closed  with  walls  of 
studs,  lathed  and  plastered,  with  no  door  or  opening  of  any  kind  therein; 
provided,   however,    that    the    jirovisions    of   this   section    as   to    a   closet 


1341  TENEMENT  HOUSES.       Act  4089a,  j^ 5^  51-53 

under  a  stairway  shall  uot  api)ly  to  any  tenement  house  not  more  than 
two  stories  in  height,  in  which  not  more  than  two  families  live  aliove  the 
first  floor  thereof. 

§51.  Stairway  to  roof.  In  tenement  house  already  erected.  In  every 
tenement  house  hereafter  erected  more  than  two  stories  in  height,  the 
stairway  nearest  to  the  main  entrance  of  the  building  shall  be  carried  to 
the  roof  level  and  shall  give  egress  to  the  roof  through  a  penthouse  or 
roof  structure. 

In  every  such  building  not  exceeding  two  stories  in  height  there  shall 
be  constructed  a  scuttle  in  the  public  hallway  near  the  stairway.  Such 
scuttle  shall  be  not  less  than  two  feet  by  three  feet  in  area,  and  shall  be 
cut  through  the  ceiling  and  roof. 

Penthouses  over  stairways  shall  be  built  either  of  fireproof  materials 
or  of  wood  studs,  lathed  with  metal  lath  or  approved  plaster  board  and 
plastered  not  less  than  three-quarters  inch  thick  including  the  lath  or 
plaster  boara  on  the  inside  and  outside  thereof;  or  such  penthouses  may 
be  covered  in  the  same  manner  and  with  the  same  kind  of  materials  as 
required  by  this  act  for  the  doors  from  such  penthouses. 

The  door  to  the  roof  from  a  penthouse  or  roof  structure  shall  be  self- 
closing  and  shall  open  outward  to  the  roof,  and  shall  be  covered  on  both 
sides  and  edges  with  tin  or  other  metal. 

The  frames  and  trim  of  such  door  opening  shall  be  similarly  con- 
structed and  all  glass  in  such  door  shall  be  wired  glass  not  less  than  one- 
fourth  inch  thick. 

Every  tenement-house  of  more  than  two  stories  in  height,  erected  prior 
to  the  passage  of  this  act,  shall  have  in  the  roof  a  penthouse  or  a  scuttle, 
which  scuttle  shall  be  not  less  than  two  feet  by  three  feet  in  area,  located 
in  the  ceiling  of  a  public  hallway.  There  shall  be  provided  a  stairway 
or  a  stationary  ladder,  leading  from  the  top  floor  of  such  tenement 
house  to  the  roof  thereof.  Such  stairway  or  stationary  ladder  shall  be 
made  readily  accessible  to  all  the  tenants  of  the  building.  No  scuttle 
or  penthouse  door  shall  at  any  time  be  locked  with  a  key,  but  may  be 
fastened  on  the  inside  by  a  movable  bolt  or  lock. 

§  52.  Hallways,  etc.,  from  stairways.  Public  hallways,  landings  and 
corridors  from  stairways  shall  be  of  the  same  width  and  measured  in  the 
same  manner  as  the  stairways,  as  provided  in  section  fifty  hereof. 

§  53.  Fire-escapes.  Types  of  fire-escapes.  On  every  tenement  house 
hereafter  erected  more  than  two  stories  in  height,  which  contains  more 
than  three  apartments,  there  shall  be  provided  at  least  one  fire-escape. 
If  such  tenement  house  exceeds  three  thousand  square  feet  of  floor  area 
on  any  one  floor  above  the  second  floor  thereof,  such  building  shall  be 
provided  with  one  additional  fire-escape  for  each  four  thousand  square 
feet  of  floor  area  or  fractional  part  thereof. 

Fire-escapes  required  by  this  act  shall  be  of  one  of  the  following 
types: 

Type  1.  Metallic  throughout  and  fastened  securely  to  the  exterior 
walls  of  the  building,  with  a  balcony  at  each  story  above  the  first  story 
thereof,  with  inclined  stairways  connecting  all  balconies  and  a  goose- 
neck ladder  connecting  the  topmost  balcony  to  the  roof.     The  lowest  bal- 


Act  4098a,  §  53  general  laws.  1342 

eony  of  such  fire-escape  to  be  not  more  than  fourteen  feet  above  the 
street  or  ground  level  directly  under  same. 

All  metallic  balconies  shall  be  not  less  than  forty-four  inches  in  width 
nor  less  than  thirty-three  square  feet  in  area.  Tlie  stairway  openings 
therein  shall  be  not  less  than  twenty-one  inches  wide  and  forty  inches 
in  length.  The  balcony  balustrade  shall  be  not  less  than  thirty-four 
inches  high,  with  no  opening  in  such  balustrade  greater  than  eight  inches 
in  horizontal  dimension. 

There  shall  be  no  opening  greater  than  one  inch  in  width  in  a  fire- 
escape  balcony  platform,  except  the  stair-well  opening. 

There  shall  be  no  opening  greater  than  one  inch  in  width  in  the  lowest 
fire-escape  balcony  platform,  except  that  there  be  attached  a  counter- 
balanced or  i^ermanent  ladder  reaching  to  the  street  or  ground  below. 

Every  balcony  platform  shall  be  fastened  to  the  outside  walls  of  the 
building  by  building  in  and  anchoring  to  such  walls  the  balcony  platform 
and  the  balustrade  framing,  or  by  securely  bolting  same  thereto.  Every 
balcony  shall  be  supported  by  brackets,  braces,  or  struts  fastened  to  or 
built  in  and  anchored  to  the  walls. 

The  inclined  stairways  shall  be  not  less  than  eighteen  inches  in  width 
and  placed  in  no  part  nearer  than  twenty-one  inches  from  the  face  of 
the  wall.  Such  inclined  stairways  shall  have  an  inclination  of  not  less 
than  four  inches  and  not  more  than  six  inches  horizontally  to  each  twelve 
inches  of  vertical  height.  The  treads  shall  be  not  less  than  four  inches 
wide,  placed  not  more  than  twelve  inches  apart.  Each  side  of  such 
stairways  shall  be  provided  with  a  handrail  not  less  than  one  inch  in 
diameter  fastened  to  the  stair  stringers  and  continued  around  the  well 
hole  openings  of  balcony  platform. 

The  gooseneck  ladder  shall  be  not  less  than  fifteen  inches  wide  and 
extend  vertically  from  the  topmost  balcony  to  three  feet  above  the  fire 
wall  or  roof  above,  and  then  be  brought  down  and  fastened  to  the  inside 
face  of  the  fire  wall  or  to  the  roof.  The  rungs  of  the  gooseneck  ladder 
shall  be  not  less  than  five-eighths  inch  round  iron  or  steel,  placed  not 
more  than  fourteen  inches  apart.  The  gooseneck  ladder  shall  be  se- 
curely braced  and  fastened  to  the  outside  wall,  and  in  no  case  shall  such 
ladder  pass  in  front  of  any  opening  in  the  wall  to  the  interior  of  the 
building.  The  cornice  opening  for  the  passage  of  such  ladder  shall  be 
not  less  than  twenty-four  inches  in  widtli  and  twenty-four  inches  in  the 
clear  outside  of  the  ladder. 

Rueh  fire-escape  shall  l)e  framed  and  riveted  or  bolted  together  in  a 
solid,  substantial  manner  and  properly  supported,  braced  and  fastened 
to  tlie  outside  walls  so  as  to  ])e  rigid,  duralile  and  secure  and  carry  the 
loads  imposed. 

All  metallic  fire-escapes  sliall  be  painted  with  not  less  than  two  I'oats 
of  good,  durable  paint;  or  such  fire-escapes  may  be  galvanized. 

Tyix!  2.  Metallic  ladilcis  and  stairways  conforming  to  the  provisions 
set  forth,  for  tyjio  one  .'mhI  willi  icinfon-cd  I'oncrete  or"  iron  or  steel 
fireproofed  balconies,  with  fastenings  of  similar  materials.  Such  bal- 
conies to  measure  the  full  size  inside  of  balustrades.  Floor  openings 
and  well  holes  provided  and  protected  similarly  to  the  r(vpiiroments  for 
metallic  balconies. 


Vi-i'.i  TENEMENT  HOUSES.  Act  4098a,  §  53 

Tyjje  3.  Any  type  of  an  inclosed  approved  mciallic  spiral  fire-escape 
which  consists  of  a  rigid  form  of  an  inclined  chute  or  chutes  constructed 
entirely  of  incombustible  material;  securely  attached  to  the  outside 
walls  of  building;  provided  with  proper  means  of  ingress  thereto  from 
the  building  and  egress  therefrom  at  the  bottom;  having  means  enabling 
firemen  to  reach  the  roof  thereby  from  the  ground;  equipped  with  stand- 
pipes;  painted  the  same  as  provided  for  metallic  fire-escapes;  and  satis- 
factory to  the  department  charged  with  the  enforcement  of  this  act  as 
being  as  solid,  substantial  and  durable  and  as  fireproof  in  construction, 
and  providing  at  least  as  safe  and  efficient  means  of  escape  from  the 
building  for  the  occupants  thereof,  and  furnishing  all  the  protection  and 
utility  of  the  metallic  fire-escapes  described  as  "type  one"  in  this  act. 

Type  4.  Fire  and  smoke  towers,  consisting  of  a  fire-escape  stairway 
not  less  than  twenty  inches  in  width,  constructed  of  reinforced  concrete, 
iron  or  steel,  or  a  combination  of  these  materials;  and  in  all  other  details 
as  required  in  this  act  for  metallic  fire-escape  stairways;  said  stairways 
being  continuous  the  full  height  of  the  building  from  the  first  floor  exit 
level  to  the  roof,  and  with  handrails  on  each  side  thereof  the  full  length 
of  same.  Such  stairways  to  be  constructed  at  a  point  adjoining  the 
exterior  walls  of  the  building  and  be  entirely  inclosed  with  walls  of 
brick,  terra  cotta  tile,  concrete  or  reinforced  concrete  not  less  than 
twelve  inches  thick;  such  walls  to  be  continuous  from  the  basement  up 
to  and  extending  three  feet  above  the  roof  of  the  building,  with  no 
covering  of  any  kind  over  same,  and  with  no  openings  in  the  walls  of 
such  tower  into  the  building.  The  inclosing  walls  of  such  tower  not  to 
be  used  to  carry  or  support  any  floor  joist,  beam,  girder  or  other  struc- 
tural feature  of  the  building,  nor  to  be  chased  for  any  pipe,  conduit  or 
other  purpose;  to  have  an  exit  from  the  inclosure  at  the  first  floor  line 
opening  directly  to  a  street  or  yard,  and  having  an  entrance  by  means 
of  an  outside  balcony  at  each  floor,  such  balconies  to  have  a  solid  floor 
and  in  all  other  details  and  kind  of  materials  to  be  as  in  this  act  re- 
quired for  metallic  fire-escape  balconies.  The  balconies  to  be  located 
and  arranged  to  connect  with  a  door  opening  from  a  public  hallway  in 
the  interior  of  the  building  and  with  a  door  opening  leading  from  the 
balcony  to  the  tower,  such  door  opening  from  the  building  to  the  bal- 
cony and  from  the  balcony  to  the  tower  to  be  not  less  than  thirty  inches 
wide  by  seventy-two  inches  high  and  be  equipped  with  metal-lined  doors 
and  with  a  frame  and  threshold  of  such  door  openings  constructed  of 
fireproof  materials. 

Type  5.  A  fire  and  smoke  tower  in  every  way  similar  to  "type  four" 
of  this  section,  except  that  instead  of  the  outside  balcony  there  be  built 
a  vestibule  with  inclosing  walls  continuous  with  and  of  the  same  kind 
of  materials  and  of  the  same  thickness  as  the  inclosing  walls  of  the  fire 
tower;  that  the  vestibule  opening  be  direct  from  a  public  hallway  and 
be  equipped  with  metal-lined  doors.  The  vestibule  floor  to  be  of  masonry 
construction.  The  inclosure  to  have  an  opening  at  each  floor  through  the 
exterior  wall  of  the  building,  such  oi^ening  to  extend  from  the  floor  to 
the  ceiling  and  be  not  less  in  width  than  three-fourths  of  the  width  of 
the  tower,  said  opening  to  be  protected  with  an  open  metallic  balustrade 
similar  to  that  specified  for  metallic  fire-escape  balconies. 


Act -lOOSa,  §§  54-57  general  laws.  1344 

§54.  stairway  and  fire-escape  combined.  In  any  teueiiieut  house 
hereafter  erected  in  which  there  is  constructed  a  fire  escape  of  "type 
four"  or  "type  five,"  as  prescribed  in  this  act,  such  fire-escape  niay  be 
used  and  constructed  as  a  stairway  and  a  fire-escape  combined;  provided, 
that  there  is  at  least  one  other  stairway  or  one  other  fire-escape  con- 
structed in  accordance  with  the  provisions  of  this  act,  in  the  said 
building. 

§  55.  Location  of  fire-escapes.  Every  fire-escape  required  by  this  act 
shall  be  located  on  the  building  so  as  to  furnish  the  best  means  of  escape 
therefrom  for  the  occupants,  and  at  least  one  such  fire-escape  shall  be 
located  on  a  street  front.  Every  fire-escape  shall  have  egress  thereto 
from  a  public  hallway  or  passageway  not  less  than  three  feet  wide,  or 
such  fire-escapes  in  lieu  of  being  located  on  a  public  hallway,  shall  be  so 
located  that  each  apartment  has  direct  egress  thereto  without  passing 
through  another  apartment,  or  if  a  public  parlor,  public  lobby  or  simUar 
room  is  connected  directly  with  the  public  hall,  corridor  or  passageway 
through  a  clear  and  unobstructed  opening,  without  doors,  then  egress 
may  be  had  thereby  to  a  fire-escaj^e.  Signs  both  pointing  toward  and 
marking  the  locations  of  fire-escapes  shall  be  placed  on  each  floor. 

§  56.  Computing  number  of  fire-escapes  required.  The  largest  floor 
area  above  the  second  floor  shall  be  used  as  a  basis  for  computing  the 
number  of  fire-escapes  required  by  this  act;  provided,  that  if  all  floors 
above  the  largest  floor  area  are  diminished  in  size,  the  number  of  fire- 
escapes  from  that  portion  of  the  building  containing  the  smaller  area 
may  be  computed  on  the  basis  of  the  largest  floor  area  in  that  portion 
of  the  building. 

§  57.  Strength  of  platform,  etc.  All  parts  of  each  balcony  platform 
of  a  fire-escape  shall  be  designed  to  carry,  in  addition  to  the  dead  load 
thereof,  a  live  load  of  one  hundred  pounds  per  square  foot  over  the 
entire  area  thereof  (using  outside  dimensions)  and  the  live  and  dead 
loads  from  the  ladders  or  stairs  supported  thereon. 

Each  ladder  shall  be  designed  to  withstand  a  horizontal  pressure  of 
one  hundred  pounds  per  square  foot. 

Each  stairway  shall  be  designed  to  carry,  in  addition  to  the  dead  load 
thereof,  a  live  load  of  one  hundred  fifty  pounds  jier  square  foot  of  hori- 
zontal projection. 

Top  rails  of  balcony  balustrades  shall  be  designed  to  withstand  a  hori- 
zontal pressure  of  one  hundred  pounds  per  lineal  foot  of  railing. 

Each  balcony  shall  be  independently  supported. 

All  fastenings  of  fire-escape  balconies  to  the  building  shall  be  designed 
to  carry  twenty-five  per  cent  greater  load  than  the  total  dead  and  live 
loads  carried  by  the  balconies.  The  balcony  anchorage  shall  be  direct 
to  the  structural  steel  or  iron  members  of  the  balustrades  and  platforms 
extended  into  the  walls  and  anchored  into  the  structural  work  of  the 
building.  t, 

The  level  of  the  insid(>  sill  of  the  door  or  window  giving  access  to  a 
fire-escape  balcony  or  the  bnlcony  floor  shall  be  not  more  than  thirty 
inches   above   the   adjoining  floor   in    the  building.     Every   such   door   or 


1345  GENERAL  LAWS.  Act  4()!)8a,  §  §  58-(j<) 

window  opeuiug  shall  Ije  not  loss  than  twenty-nine  ineh(>s  in  clear  width, 
nor  less  than  fifty-eight  inches  in  height. 

Where  double-hung  windows  are  used  in  such  opouings,  tlie  lower  sash 
shall  be  at  least  the  size  of  the  upper  sash  and  shall  slide  to  the  top  of 
such  opening.  Any  lock  used  on  any  such  window  shall  be  of  a  type 
which  can  be  readily  opened  j'rom  the  interior  of  tlu-  buihling  without 
the  use  of  a  key  or  other  tool. 

§[58.  Readily  accessible.  Every  fire-escape  in  or  on  tenement  houses 
hereafter  erected,  or  in  or  on  tenement  houses  erected  prior  to  the  pass- 
age of  this  act, -shall  at  all  times  be  niaintaind  in  good  order  and  repair, 
well  painted  and  clear  and  unobstructed  at  all  times,  and  be  readily 
accessible. 

§  59.  Standpipes.  On  every  tenement  house  hereafter  erected  four 
or  more  stories  in  height,  there  shall  be  provided  one  or  more  metallic 
standpipes.  Each  such  standpipe  shall  be  not  less  than  four  inches  in 
internal  diameter,  and  shall  have  a  Siamese  inlet  valve  near  the  side- 
walk or  the  ground  directly  under  same,  and  an  outlet  valve  at  each 
story  above  the  first  story  and  on  the  roof. 

One  such  standpipe  shall  be  placed  on  or  in  the  exterior  walls  of  the 
building  at  one  fire-escape  on  each  street  frontage,  and  the  outlet  valves 
shall  be  readily  accessible  from  the  balconies  of  the  fire  escape. 

The  inlet  and  outlet  valves  on  every  standpipe  shall  be  threaded  and 
brought  to  a  size  which  will  meet  the  standard  connections  of  the  local 
fire  department  of  the  municipality  in  which  such  tenement  house  is 
being  erected. 

The  standpipes  required  by  this  section  need  not  be  installed  in  any 
tenement  house  which  is  sittiated  where  there  is  no  running  water  anci 
where  it  is  not  practicable  or  possible  to  obtain  water  for  efficient  use 
of  such  standpipes  in  case  of  fire,  until  such  time  as  it  is  practicable 
and  possible  to  obtain  running  water;  and  the  department  charged  with 
the  enforcement  of  this  act  shall  decide  whether  or  not  it  is  possible 
or  practicable  to  obtain  running  water. 

§  60.  Elevator  shafts  inclosed.  In  every  fireproof  tenement  house 
hereafter  erected,  every  elevator  shaft,  dumb-waiter  shaft  or  other  in- 
terior shaft  shall  be  inclosed  in  walls  constructed  of  concrete,  reinforced 
concrete,  brick,  terra  cotta  tile  or  other  similar  hard  incombustible 
materials,  or  shall  be  constructed  of  metal  studs  lathed  either  with  metal 
lath  or  an  approved  plaster  board  and  plastered  on  both  sides  so  as 
to  make  a  solid  partition  not  less  than  two  inches  thick. 

In  every  seuii-fire])roof  or  wooden  tenement  house  hereafter  erected, 
every  such  shaft  shall  be  inclosed  by  walls  constructed  as  provided  by 
this  act  for  fireproof  tenement  houses,  or  such  walls  may  be  constructed 
with,  wood  studs,  with  wood  firestops  the  same  size  as  the  studs,  cut  in 
between  the  studs  at  each  floor  and  half  way  between  each  floor,  lathed 
on  both  sides  with  metal  lath  or  an  approved  plaster  board  and  be 
plastered  not  less  than  three-quarters  inch  thick  including  the  lath  or 
the  plaster  board. 

Every  opening  from  any  shaft  into  the  building  shall  be  equipped  with 
a  metal  door  and  with  door  frame  and  trim  entirely  of  metal;  or  such 
85 


Aft  4098a,  §§  61,  62  general  laws.  1346 

door  and  door  frame  shall  be  constructed  of  wood  covered  with  metal 
on  the  shaft  side  thereof  and  if  there  is  any  glass  therein,  such  glass 
shall  be  wired  glass  not  less  than  one-fourth  (i^)  inch  thick.  Every 
door  or  window  therein  shall  be  made  to  close  tight,  and  every  door 
except  elevator  doors  therein  shall  be  self-closing. 

Every  window  in  such  shaft  shall  be  of  wired  glass,  not  less  th^-u 
one-fourth  (i/4)  inch  thick,  set  in  a  metal  sash  or  a  sash  metal  covered 
on  the  shaft  side  thereof.  At  the  roof  over  every  elevator  shaft  there 
shall  be  constructed  a  ventilating  skylight  or  a  ventilator  with  open 
louvres. 

§  61.  Vent  shafts  inclosed.  In  every  tenement  house  hereafter  erected 
every  vent  shatt  shall  be  inclosed  with  walls  constructed  the  same  as  re- 
quired by  this  act  for  elevator  shaft  in  the  same  class  of  building.  Such 
vent  shaits  may,  in  a  semi-fireproof  or  wooden  tenement  house,  be  lined 
on  the  outside  thereof  (weather  side)  with  metal  in  lieu  of  metal  lath 
and  plaster;  also,  that  portion  of  such  shaft  extending  from  the  ceiling 
joists  to  the  top  thereof  may  be  lined  with  metal  in  the  same  manner 
as  is  required  for  the  weather  side   of  such  vent  shaft. 

Every  opening  from  any  vent  shaft  into  the  building  or  any  window 
therein,  shall  be  equipped  in  the  same  manner  as  required  by  this  act 
for  elevator  shafts  in  the  same  class  of  building. 

Plaster  on  the  weather  side  of  any  such  shaft  shall  be  cement  plaster. 

Every  vent  shaft  required  by  this  act  shall  be  not  less  than  four 
feet  in  any  direction  and  be  at  least  sixteen  square  feet  in  area.  If 
such  vent  shaft  exceeds  fifty  feet  in  height,  measured  from  the  bottom 
to  the  top  of  the  walls  of  such  shaft,  then  such  vent  shaft  shall  through- 
out its  entire  height  be  increased  in  area  th^ee  square  feet  for  each  addi- 
tional ten  feet  or  fractional  part  thereof  above  fifty  feet. 

Every  such  vent  shaft  shall  be  provided  with  an  air  intake  or  duct 
at  or  near  the  bottom  thereof,  communicating  with  the  street  or  yard 
or  a  court.  Such  intake  shall  be  not  less  than  three  square  feet  in 
total  area,  and  may  be  divided  into  not  more  than  three  separate  ducts 
running  between  the  joists  or  otherwise,  and  shall  in  all  cases  be  placed 
as  nearly  horizontal  as  possible.  Every  such  intake  or  duct  shall  be 
constructed  of  approved  fireproof  material  or  shall  be  of  metal  or  metal 
lined,  and  be  provided  with  a  wire  screen  of  not  less  than  one  inch 
mosh  at  each  end.  Plumbing,  gas,  steam  or  other  similar  pipes  may 
be  placed  in  such  vent  shaft. 

Every  such  vent  shaft  shall  have  a  door  or  a  window  at  or  near  the 
bottom  of  the  shaft,  s^o  arranged  as  to  permit  of  its  Ix'ing  readily  cleaned 
out. 

§62.  Walls  of  inner  court.  The  walls  of  every  inner  court  in  a  fire- 
proof tenement  house  hereafter  erected  shall  be  constructed  of  concrete, 
reinforced  concrete,  brick,  terra  cotta  tile  or  other  similar  hard  incom- 
l)ustible  material.  In  a  semi-fireproof  or  ii:  a  wdodiMi  tenement  house 
Huch  inner  court  walls,  if  surrounded  (in  Wnw  sides  liy  the  walls  of  the 
same  building,  shall  be  constructed  as  ])rovided  for  fireproof  tenement 
houses,  or  may  be  of  wood  studs,  with  wood  firestops  the  same  sizes  as 


1347  TENEMENT  HOUSES.       Act  4098a,  §§  63,  64 

the  studs,  cut  iu  between  the  studs  at  each  floor  aud  halfway  between 
each  iloor,  lathed  on  both  sides  with  metal  lath,  or  an  approved  plaster 
board,  and  be  plastered  not  less  than  three-quarters  inch  thick  includ- 
ing the  lath  or  the  plaster  board.  Plaster  on  the  weather  side  of  such 
inner  court  walls  shall  be  cement  plaster,  or  such  inner  court  walls 
may  be  lined  on  the  weather  side  with  not  less  than  tho  nunil)er  twenty- 
six  (gauge)  metal,  in  lieu  of  metal  lath  aud  plaster. 

§  63.  Boiler-room.  Doors  iu  boiler-room.  In  every  tenement  house 
hereafter  erected,  every  boiler  used  for  purposes  of  heating  the  building, 
using  fuel  other  than  gas,  and  every  heating  furnace  or  water-heating 
apparatus,  using  oil  for  fuel,  shall  be  installed  in  a  room,  the  walls  of 
which  room  shall  be  built  of  concrete,  reinforced  concrete,  brick,  stone 
or  terra  cotta  tile,  not  less  than  six  (6)  inches  thick,  and  such  walls 
shall  extend  from  the  floor  of  the  boiler-room  to  the  ceiling  over  same. 
The  entire  ceiling  of  such  room  shall  be  built  of  similar  materials  as 
the  walls,  or  shall  be  built  with  a  double  ceiling,  with,  a  space  of  not 
less  than  seven-eighths  inch  between  the  two  ceilings;  each  ceiling  shall 
be  metal  lathed  or  lathed  with  an  approved  plaster  board  and  be  plas- 
tered not  less  than  three-quarters  inch  thick,  including  the  lath  or 
plaster  board.  The  floor  of  a  boiler-room  shall  be  of  concrete  not  less 
than  two   (2)   inches  thick. 

Any  door  in  the  wall  of  such  room  shall  be  a  fire-resisting  door,  con- 
structed of  three  (.3)  thicknesses  of  seven-eighths  (%)  inch  by  not 
more  than  six  (6)  inches,  tongued  and  grooved,  matched  redwood  boards 
entirely  covered  on  the  sides  and  edges  with  lock-jointed  tin;  every 
such  door  shall  be  self-closing,  so  hung  as  to  overlap  the  walls  of  the 
room  at  least  three  (3)  inches,  and  any  glass  in  any  such  door  or  any 
glass  in  any  window  or  opening  in  the  walls  of  a  boiler-room  shall  be 
wired  glass,  not  less  than  one-fourth  (M)  inch  thick,  set  in  a  metal  or 
metal  covered  sash. 

All  such  doors  shall  have  hinges,  hangers,  latches  and  other  hardware 
of  wrought  iron,  bolted  to  the  doors,  and  shall  have  steel  tracks,  when 
sliding  doors  are  used,  with  wronght-iron  stops  and  binders  bolted 
through  the  wall.  Swinging  doors  shall  have  wall  eyes  of  wrought  iron, 
built  into   or   bolted   through    the   wall. 

Every  such  boiler-room  shall  have  a  sill  across  each  door  not  less 
than  four  (4)  inches  high.  Such  sill  shall  be  of  masonry,  and  the  doors 
shall  overlap  same  at  least  three  (.3)  inches,  or  in  lieu  of  a  masonry 
sill  a  steel  or  iron  sill  may  be  used,  in  which  case  the  bottom  of  the 
door  shall  close  tight  on  top  of  sanie.  Every  swinging  door  in  ti  boiler- 
room  shall  open  outward  from  the  boiler-room. 

Where  oil  or  other  fluid  fuel  is  burned,  the  oil  or  other  fluid  fuel 
.shall  not  be  fed  by  a  gravity  flow. 

§  64.  Garage.  In  every  tenement  house  hereafter  erected  any  por- 
tion of  such  building,  in  which  there  is  kept  or  stored  auy  automobile 
or  automobiles,  shall  be  a  room,  the  inclosing  partitions  of  which  shall 
be  built  of  concrete,  reinforced  concrete,  brick,  stone  or  terra  cotta  tile, 
not  less  than  six  (6)  inches  thick,  or  may  be  of  wood  studs  lined  on 
the   automobile   storage   room    side    with   redwood   boards    not   less    than 


Act  4098a,  §§  65-67  general  laws.  1348 

seven-eighths  (%)  of  an  iuch  thick  covered  with  asbestos  paper  one- 
eighth  (Vs)  of  an  inch  thick,  and  then  covered  with  No.  26  (gauge) 
galvanized  iron,  and  such  inclosing  partitions  shall  extend  from  the  floor 
of  the  room  to  the  ceiling  of  the  same.  The  entire  ceiling  of  such  room 
shall  be  built  of  material  similar  to  that  used  in  the  construction  of 
its  walls,  or  shall  be  either  metal  lathed  and  be  well  plastered  or  be 
lathed  with  an  approved  plaster  board  and  be  well  plastered.  The  floor 
of  every  such  room  shall  be  of  concrete  not  less  than  two  (2)  inches 
thick. 

Every  door,  window  or  other  opening  in  the  walls  of  such  room,  open- 
ing to  the  interior  of  the  building,  shall  be  protected  in  the  same  manner 
as  required  by  section  sixty-three  hereof  for  doors,  windows  and  other 
openings  in  a  boiler-room. 

§  65.     Height  of  additional  rooms  In  tenements  erected,  prior  to  act. 

In  any  tenement  house  erected  prior  to  the  passage  of  this  act,  every 
additional  room  or  hallway  that  is  hereafter  constructed  or  created, 
may  be  of  the  same  height  as  the  other  rooms  or  hallways  on  the  same 
story  of  such  tenement  house. 

§  66.  Windows  in  tenement  already  erected.  Every  room  in  a  tene- 
ment house  erected  prior  to  the  passage  of  this  act  shall,  if  the  said 
room  be  hereafter  occupied  for  living  or  sleeping  purposes,  have  a  window 
of  an  area  not  less  than  eight  square  feet,  opening  directly  upon  a  street, 
a  yard,  a  court  or  upon  a  vent  shaft  not  less  than  twenty-five  square 
feet  in  area,  which  vent  shaft  shall  in  no  part  be  less  than  four  feet 
wide  and  open  and  unobstructed,  without  roof  or  skylight  over  same; 
except  that  if  such  room  be  located  on  the  top  floor  of  the  building,  such 
room  may  be  ventilated  by  a  skylight  with  fixed  louvres  directly  to  the 
outer  air,  or  may  have  a  window  opening  upon  a  vent  shaft  not  less 
than  ten  square  feet  in  area,  if  such  window  from  the  room  be  not 
more  than  three  feet  below  the  top  of  the  wall  of  such  vent  shaft. 

Every  public  hallway  -in  every  tenement  house  erected  prior  to  the 
passage  of  this  act,  which  does  not  conform  to  the  provisions  for  public 
hallways  in  buildings  hereafter  erected,  shall  be  provided  with  light 
and  ventilation  to  the  outer  air.  Such  light  and  ventilation  shall  be 
provided  by  the  placing  of  windows  or  skylights,  or  by  making  such 
alterations  as  in  the  judgment  of  the  housing  department  may  be  deemed 
iiecessary  1o  acconiplisli   the  result. 

§  67.  Cooking  in  bath,  etc.,  unlawful.  Sleeping  in  cellar,  etc.,  unlaw- 
ful. Floor  space  for  each  occupant.  11  shall  bo  unlawful  for  any  person 
to  cook  or  to  prepare  food,  or  tn  pcMinit  or  suffer  any  person  to  cook  or 
to  prepare  food  in  any  l)atii,  shower,  slop-.sink  or  toilet-room,  water- 
closet  co?npartmen1 ;  m  in  any  cldsct,  or  recess  from  a  room,  or  dressing.- 
room,  which  does  not  cniildrni  to  ail  the  provisions  of  this  act  as  to 
size  of  kitchens  and  wimlows  opening  to  a  street,  yard  or  court,  or  in 
any  otiier  jilace  in  sucli  building  wliicli,  in  the  judgment  of  the  depart- 
ment ciiargcd  witli  the  enrnrcement  of  this  act,  is  detrimental  to  the 
]»roper  sanitation  of  sucli  Imihling. 


1349 


TENEMENT  HOUSES.        Act -lOySa,  §§  68-70 


It  shall  be  unlawful  for  any  person  to  live  or  sleep,  or  permit  or 
suffer  any  person  to  live  or  sleep  in  any  cellar,  bath  or  shower  com- 
partment or  slop-sink  room,  water-closet  compartment,  hallway,  closet, 
kitchen,  recess  from  a  room  or  dressing-room,  except  when  such  recess 
from  a  room  or  dressing-room  has  not  less  than  ninety  square  feet  of 
superficial  floor  area  and  complies  with  every  other  requirement  of  this 
act  for  rooms,  or  in  any  other  place  which,  in  the  judgment  of  the  de- 
partment charged  with  the  enforcement  of  this  act,  would  be  dangerous 
or  prejudicial  to  life  or  health  by  reason  of  want  of  light,  windows, 
ventilation,  drainage,  or  on  account  of  dampness  or  offensive,  obnoxious 
or  poisonous  odors,  or  in  any  room  that  shall  be  so  overcrowded  as  to 
afford  less  than  the  following  floor  space  for  each  occupant,  in  accord- 
ance with  the  age  of  the  said  occupant: 


Number  of  persons 
over  12  years  of  age 


Number  of  persons 
under  12  years  of  age 


Superficial  floor 
area  required 


1  or 

9 

60  square  feet 
120  square  feet 
180  square  feet 
21:0  souare  feet 

2  or 

4 

3  or 

6 

4  or 

8 

5  or 

10 

300  square  feet 
360  square  feet 

6  or 

12 

Additional  floor  area  in  the  same  ratio  shall  bo  provided  for  additional 
persons. 

§  68.  Lighting  of  hallways,  etc.  In  every  tenement  house  there  shall 
be  installed  and  kept  burning  from  sunrise  to  sunset  throughout  the 
year  artificial  light  suflieient  in  volume  to  properly  illuminate  every 
public  hallway,  stairway,  fire-escape  egress,  elevator,  passageway,  public 
w^ater-closet  compartment,  or  toilet-room,  whenever  there  is  insufficient 
natural  light  to  permit  a  person  to  read  in  any  part  thereof. 

In  every  tenement  house  there  shall  be  installed  and  kept  burning 
from  sunset  to  sunrise  throughout  the  year  artificial  light  sufficient  in 
volume  to  properly  illuminate  every  public  hallway,  stairway,  fire-escape 
egress,  elevator,  public  water-closet  compartment,  or  toilet-room  and 
exterior  passageway  on   the   lot. 

§  69.  Light-colored  material  on  walls.  The  walls  and  ceilings  of 
every  sleeping-room  in  every  tenement  house  shall  (except  when  there 
is  sufficient  natural  light  to  permit  a  person  to  read  in  any  part  thereof 
during  daytime)  be  calcimined  or  painted  or  papered  with  a  light-colored 
material,  and  such  calcimine,  paint  or  paper,  as  the  case  may  be,  shall 
be  renewed  as  often  as  is  necessary  to  maintain  the  same  of  a  light 
color  and  clean  and  free  from  vermin. 

The  walls  of  courts  and  shafts,  unless  built  of  light-colored  materials, 
shall  be  painted  of  a  light  color  or  whitewashed,  and  such  painting  or 
whitewashing  shall  be  renewed  as  often  as  is  necessary  to  maintain 
the  same  of  a  light  color. 

§  70.  Repapering.  No  wall,  partition  or  ceiling  of  any  room  in  any 
tenement  house  shall  be  repapered,  calcimined,  or  have  any  other  cover- 
ing placed  thereupon  unless  the  old  wall  paper  or  other  covering  shall 


Act  4098a,  §§  71-74  general  laws.  1350 

have  first  beeu  removed  therefroin,  and  the  said  wall,  partition  or  ceiling 
cleaned,  disinfected  and  freed  from  bugs,  insects  or  vermin. 

§71.  Repairs.  Every  tenement  house  shall  be  maintained  in  good 
repair.  The  roofs  shall  be  kept  waterproof  and  all  storin  or  casual  water 
properly  drained  and  conveyed  therefrom  to  the  street  sewer,  storm 
drain  or  street  gutter. 

All  portions  of  the  lot  about  a  tenement  house,  including  the  yards, 
areaways,  vent  shafts,  courts  and  passageways,  shall  be  properly  graded 
and  drained;  and  whenever  the  department  charged  with  the  enforce- 
ment of  this  act  deems  it  necessary  for  the  protection  of  the  health  of 
the  occupants  of  such  building,  or  for  the  proper  sanitation  of  the 
premises,  it  may  require  that  the  said  lot,  yards,  areaways,  vent  shafts, 
courts  and  passageways  be  graveled  or  properly  paved  and  surfaced 
with  concrete,  asphalt  or  similar  materials. 

§  72.  Metal  mosquito  screening.  There  shall  be  provided,  whenever 
it  is  deemed  necessary  for  the  health  of  the  occupants  of  any  tenement 
house  or  for  the  proper  sanitation  or  cleanliness  of  any  such  building, 
metal  mosquito  screening  of  at  least  sixteen  mesh,  set  in  tight-fitting 
removable  sash,  for  each  exterior  door,  window  or  other  opening  in 
the  exterior  walls  of  the  building. 

§  73.  Garbarge  cans.  In  every  tenement  house  there  shall  be  pro- 
vided by  the  occupants,  or  tenants,  such  number  of  tight  metal  recep- 
tacles with  close-fitting  metal  covers  for  garbage,  refuse,  ashes  and 
rubbish  as  may  be  deemed  necessary  by  the  department  charged  with 
the  enforcement  of  this  act,  or  in  lieu  of  such  metal  receptacles  there 
may  be  constructed  a  garbage  chute  or  shaft  approved  by  the  housing 
department.  Each  of  said  receptacles  shall  be  kept  in  a  clean  condition 
by  the  occupants,  or  tenants  and  in  the  case  of  a  chute  or  shaft  by  the 
person   in   charge  or  in  control  of  the  building. 

§  74.  Rooms,  etc.,  to  be  kept  clean.  Swill,  etc.,  not  to  be  deposited, 
in  plumbing  fixtures.  Every  room,  liallway,  passageway,  stairway,  wall, 
partition,  ceiling,  floor,  skylight,  glass  window,  door,  carpet,  rug,  mat- 
ting, window  curtain,  water-closet  compartment  or  room,  toilet-room, 
bathroom,  slop-sink,  or  wash-room,  plumbing  fixture,  drain,  roof,  closet, 
cellar,  or  basement  in  any  tenement  house  or  on  the  lot,  yard,  court 
or  any  of  the  premises  thereof,  shall  be  kept  in  every  part  clean  and 
sanitary  and  free  from  all  accumulation  of  debris,  filth,  rubbish,  garbage 
or  other  offensive  matter. 

No  person  shall,  or  cause  or.  jieriiiit  any  person  to,  deposit  any  swill, 
garbage,  bottles,  ashes,  cans  or  other  improper  substances  in  any  water- 
closet,  sink,  slop-hopper,  batlilul),  sliower,  catch-basin,  or  in  any  plumbing 
fixture  connection  or  drain  theretiimi ;  or  otherwise  to  obstruct  the  same; 
or  to  jilace  or  cause  or  permit  to  l)e  placed  any  filth,  urine  or  other  foul 
matter  in  any  pl.-ice  oilier  llian  the  place  provided  for  same;  or  to  keep 
or  cause  or  permit  lo  be  kept  any  urine  or  filtli  or  foul  niaHer  in  any 
room  or  af)artment  in  any  tcuenicnf  Ikmisc,  or  in  or  aliout  the  said 
building  or  proniises  th(<renf,  fni-  snrli  Iciiiitii  of  time  as  to  create  a 
nuisance. 


1351  TENEMENT  HOUSES.       Act  4098a,  §§  75-79 

§  75.  Beds  kept  clean.  lu  every  tenement  bouse,  every  part  of  every 
bed,  including  the  mattress,  sheets,  blankets  and  bedding,  shall  be  kept 
in  a  clean,  dry  and  sanitary  condition,  free  from  filth,  urine  or  other 
foul  matter,  in  or  upon  the  samcj  and  free  from  the  infet-tion  of  lice, 
bedbugs  or  other  insects. 

§  76.  Dangerous  articles  not  to  be  kept.  In  no  tenement  house  or 
any  part  thereof,  or  in  the  lot,  yard,  court  or  any  portion  thereof,  shall 
there  be  kept,  stored  or  handled  any  article  dangerous  or  detrimental  to 
life  or  to  the  health  of  the  occupants  thereof;  nor  shall  there  be  stored, 
kept  or  handled  any  feed,  hay,  straw,  excelsior,  cotton  (paper  stock, 
rags  or  junk,  except  upon  a  written  permit  so  to  do,  obtained  from 
the  fire  commissioner  or  other  department  authorized  to  issue  such 
permit.  Every  such  permit  shall  be  deemed  to  be  a  public  record,  made 
in  duplicate,  and  a  copy  thereof  shall  remain  on  file  in  the  office  of  the 
fire  commissioner  or  department  issuing  same. 

§  77.  Animals  not  to  be  kept.  Bakery.  No  horse,  cow,  calf,  swine, 
sheep,  goat,  rabbit,  mule  or  other  animal,  chicken,  pigeon,  goose,  duck 
or  other  poultry  shall  be  kept  in  any  tenement  house  or  any  part  thereof; 
nor  shall  any  such  animal  or  poultry  nor  shall  any  stable  be  kept  or 
maintained  on  the  same  lot,  yard,  court  or  premises  of  a  tenement  house 
or  within  twenty  feet  of  any  window  or  door  or  such  building,  nor 
shall  there  be  hereafter  constructed,  altered,  converted  or  maintained 
in  any  tenement  house  any  public  aiitomobile  garage  or  machine-shop,  or 
automobile  repair-shop. 

No  bakery  or  place  of  business  in  which  fat  is  boiled  shall  be  con- 
structed or  maintained  in  any  tenement  house,  unless  such  bakery  or 
place  of  business  in  which  fat  is  boiled  is  constructed  of  approved 
fireproof  materials,  with  no  openings  connecting  into  the  tenement  house, 
and  so  separated  and  arranged  as  to  prevent  odors  from  entering  such 
building. 

No  tenement  house  shall  be  connected  with  or  have  any  door,  window 
or  transom  opening  to  any  part  of  a  building  wherein  spirituous  liquors, 
drugs,  paint  or  oil  are  stored  or  kept  for  the  purpose  of  sale  or  otherwise. 

§  78.  Housekeeper  in  charge.  In  every  tenement  house  in  which 
eight  (S)  or  more  families  reside,  and  in  which  the  owner  does  not  live, 
there  shall  be  a  janitor,  housekeeper  or  other  responsible  person,  who 
shall  reside  in  such  tenement  house  or  on  the  same  lot  or  premises 
thereof  and  have  charge  of  same. 

§  79.  Action  to  abate  nuisance.  Authority  to  execute  order.  In  case 
any  tenement  house,  or  any  part  thereof,  is  constructed,  altered,  con- 
verted or  maintained  in  violation  of  any  provisions  of  this  act  or  of  anv 
order  or  notice  of  the  department  charged  with  its  enforcem'^nt.  or 
in  case  a  nuisance  exists  in  any  such  tenement  house  or  building  or 
structure,  or  upon  the  lot  on  which  it  is  situated,  said  department  may 
institute  any  appropriate  action  or  proceeding  to  prevent  such  unlawful 
construction,  alteration,  conversion  or  maintenance,  to  restrain,  correct 
or  abate  such  violation  or  nuisance,  to  prevent  the  occupation  of  said* 
tenement  house,  building  or  structure,  to  prevent  any  illegal  act,  con- 
duct or  business  in  or  about  such  tenement  house  or  lot.  In  any  such 
action    or  proceeding   said   department   may,   by   affidavit   setting   forth 


Act  4098a,  §§  80-82  general  laws.  1352 

the  facts,  apply  to  the  superior  court,  or  to  any  judge  thereof,  for  au 
order  granting  the  relief  for  which  said  action  or  proceeding  is  brought, 
or  for  an  order  enjoining  all  persons  from  doing  or  permitting  to  be 
done  any  work  in  or  about  such  tenement  house,  building,  structure 
or  lot,  or  from  occupying  or  using  the  same  for  any  purpose,  until 
the  entry  of  final  judgment  or  order.  In  case  any  notice  or  order 
issued  by  said  department  is  not  complied  with,  said  department  may 
apply  to  the  superior  court  or  to  any  judge  thereof,  for  an  order  author- 
izing said  department  to  execute  and  carry  out  the  provisions  of  said 
notice  or  order,  to  remove  any  violation  specified  in  said  order  or  uotic;?, 
or  to  abate  any  nuisance  in  or  about  such  tenement  house,  building  or 
structure,  or  the  lot  upon  which  it  is  situated.  The  court,  or  any  judge 
thereof,  is  hereby  authorized  to  make  any  order  specified  in  this  section. 
In  no  case  shall  the  said  department  or  any  officer  thereof  or  the  munici- 
pal corporation  be  liable  for  costs  in  any  action  or  proceeding  that 
may  be  commenced  in  pursuance  of  this  act. 

§  80.  Pine  a  lien.  Every  fine  imposed  by  judgment  under  section 
six  of  this  act  upon  a  tenement  house  owner  shall  be  a  lien  upon  the 
house  in  relation  to  which  the  fine  is  imposed,  from  the  time  of  the 
filing  of  a  certified  copy  of  said  judgment  in  the  office  of  the  recorder 
of  the  county  in 'which  said  tenement  house  is  situated,  subject  only 
to  taxes  and  assessments  and  water  rates,  and  to  such  mortgage  and 
mechanics'  liens  as  may  exist  thereon  prior  to  such  filing;  and  it  shall 
be  the  duty  of  the  department  charged  with  the  enforcement  of  the  pro- 
visions of  this  act,  upon  the  entry  of  such  judgment,  to  file  forthwith 
the  copy  as  aforesaid,  and  such  copy  upon  filing  shall  be  forthwith 
indexed  by  the  recordi^r  in  the  index  of  mechanics'  liens. 

§  81.  Notice  of  pendency  of  action.  In  any  action  or  proceeding 
instituted  by  the  department  charged  with  the  enforcement  of  this 
act,  the  plaintiff  or  petitioner  may  file,  in  the  county  recorder's  office 
of  the  county  where  the  property  affected  by  such  action  or  proceeding 
is  situated,  a  notice  of  the  pendency  of  such  action  or  proceeding.  Said 
notice  may  be  filed  at  the  time  of  the  commencement  of  the  action  or 
proceeding,  or  at  any  time  afterwards  before  final  judgment  or  order, 
or  at  any  time  after  the  service  of  any  notice  or  order  issued  by  said 
department.  Such  notice  shall  have  the  same  force  and  effect  as  the 
notice  of  pendency  of  action  provided  for  in  the  Code  of  Civil  Procedure. 
Each  county  recorder  with  whom  such  notice  is  filed  shall  record  it  and 
shall  index  it  in  the  name  of  each  person  specified  in  a  direction  sub- 
scribed by  an  officer  of  the  department  instituting  such  action  or  pro- 
ceeding. Any  such  notice  may  be  vacated  upon  the  order  of  a  judge  of 
the  court  in  which  such  action  or  proceeding  was  instituted  or  is  pend- 
ing. Tlie  recorder  of  the  county  where  such  notice  is  filed  is  hereby 
directed  to  mark  such  notice,  and  any  record  or  docket  thereof  as  can- 
celed of  record,  upon  the  j)resentalion  and  filing  of  a  certified  copy  of 
siK'li    order. 

§82,  Name  of  owner,  etc.,  filed.  l<^very  owner  of  a  lenement  lionso 
and  every  lessoo  of  the  whole  house,  or  other  person  having  control  of 
a  lenement  house,  shall  file  in  tlio  Itousing  department  a  notice,  con- 
taining his   name   and    ndilrcss,   ;iiiil    also   a   descri])!  i<in    of    Ihc    i>roperty, 


1353  TENEMENT  MOUSES.        Act  4098a,  ^§  83-87 

by  street  and  number  and  otherwise,  as  the  case  may  be,  in  such  manner 
as  will  enable  the  "department  charged  with  the  enforcement  of  this  act 
easily  to  find  the  same;  and  also  the  number  of  apartments  in  each 
house,  the  number  of  rooms  in  each  apartment,  and  the  number  of  fam- 
ilies occupying  the  apartments.  In  case  of  a  transfer  of  any  tenement 
house,  it  shall  h^  the  duty  of  tlie  grantee  of  said  tenement  house  to 
file  in  the  housing  department  a  notice  of  such  transfer,  stating  the 
name  of  the  new  owner,  within  thirty  days  after  such  transfer.  In 
case  of  the  devolution  of  the  said  property  by  will,  it  shall  be  the  duty 
of  the  executor  and  the  devisee,  if  more,  than  twenty-one  years  of 
age,  and  in  the  case  of  devolution  of  such  property  by  inheritance  with- 
out a  will,  it  shall  be  the  duty  of  the  heirs,  or  in  case  all  the  heirs 
are  under  age,  it  shall  be  the  duty  of  the  administrator  of  the  deceased 
owner  of  said  property,  to  file  in  said  department  a  notice,  stating  the 
death  of  said  owner  and  the  names  of  those  who  have  succeeded  to  his 
interests,  within  thirty  (30)  days  after  the  death  of  the  decedent,  in 
case  he  died  intestate,  and  within  thirty  days  after  the  probate  of 
his  will,  if  he  died  testate. 

§  83.  Name  of  agent  filed.  Every  owner,  agent  or  lessee  of  a  tene- 
ment house  shall  file  in  the  housing  department  a  notice  containing  the 
name  and  address  of  such  agent  of  such  house,  for  the  purpose  of 
receiving  service  of  process,  and  also  a  description  of  the  property,  by 
street  and  number  or  otherwise,  as  the  case  may  be,  in  such  manner 
as  will  enable  the  department  charged  with  the  enforcement  of  this 
act  easily  to  find  the  same.  The  name  of  the  owner  or  lessee  may  be 
filed  as  agent  for  this  purpose. 

§  84.  Index  of  names.  The  names  and  addresses  filed  in  accordance 
with  sections  eighty-two  and  eighty-three  hereof  shall  be  indexed  by 
the  housing  department  in  such  a  manner  that  all  of  those  filed  in 
relation  to  each  tenement  house  shall  be  together  and  readily  ascer- 
tainable. Said  indices  shall  be  public  records,  open  to  public  inspection 
during  business  hours. 

§  85.  Time  of  service.  Every  notice  or  order  in  relation  to  a  tene- 
ment house  shall  be  served  five  days  before  the  time  for  doing  the  thing 
in  relation  to  which  it  shall  have  been  issued. 

§  86.  Manner  of  service.  In  any  action  brought  by  any  department 
charged  with  the  enforcement  of  this  act  in  relation  to  a  tenement 
house,  for  injunction,  vacation  of  the  premises  or  other  abatement  of 
nuisance,  or  to  establish  a  lien  thereon,  it  shall  be  sufficient  service  of 
summons  to  serve  the  same  as  notices  and  orders  are  served  under  the 
provisions  of  the  Code  of  Civil  Procedure. 

§  87.  Minimuna  requirements.  Supplementary  laws.  Repeal  of  prior 
laws  and  ordinances.  Powers  of  cities  not  abrogated.  The  provisions 
of  this  act  shall  be  held  to  be  the  minimum  requirements  adopted  for 
the  protection,  the  health  and  the  safety  of  the  community,  and  for  the 
protection,  the  health  and  the  safety  of  the  occupants  of  tenement 
houses.     Nothing  in  this  act  contained  shall  be  construed  as  prohibiting 


Act  4098a,  §§  88-90  general  laws.  1354 

the  local  legislative  body  of  any  iueorporated  town,  incorporated  city, 
incorporated  city  and  county,  or  county,  from  enacting,  from  time  to 
fime,  supplementary  ordinances  or  laws  imposing  further  restrictions, 
or  providing  tor  fees  to  be  charged  for  permits,  certificates,  or  other 
t^apers  required  by  this  act;  but  no  ordinance,  law,  regulation  or  ruling 
of  any  municipal  department,  authority,  officer  or  officers,  shall  repeal, 
amend,  modify  or  dispense  with  any  of  the  provisions  of  this  act. 

All  statutes  of  the  state  and  all  ordinances  of  incorporated  towns, 
incorporated  cities,  incorporated  cities  and  counties,  and  counties,  as 
far  as  inconsistent  with  the  provisions  of  this  act,  are  hereby  repealed; 
provided,  that  nothing  in  this  act  contained  shall  be  construed  as  repeal- 
ing or  abrogating  any  present  law  or  ordinance  of  any  incorporated  town, 
incorporated  city,  incorporated  city  and  county,  or  county  m  the  state 
which  further  restricts  the  percentage  of  the  lot  to  be  covered  by  a 
tenement  house,  the  number  of  stories  or  height  of  such  tenement  house 
or  number  of  apartments  therein,  the  occupation  thereof,  the  materials 
to  be  used  in  its  construction,  or  increasing  the  size  of  the  yards  or 
courts,  the  floor  space  to  each  person  occupying  a  room,  the  requirements 
as  to  sanitation,  ventilation,  light  and  protection  against  fire. 

Nothing  in  this  act  contained  shall  be  construed  as  abrogating,  dimin- 
ishing, minimizing  or  denying  the  power  of  any  incorporated  town, 
incorporated  city,  incorporated  city  and  county,  or  county,  by  ordinance 
or  law,  to  further  restrict  the  percentage  of  the  lot  to  be  covered  by 
a  tenement  house  within  said  municipality,  the  number  of  stories  or 
height  of  such  tenement  house  or  number  of  apartments  therein,  the 
occupation  thereof,  the  materials  to  be  used  in  its  construction^  or  in- 
creasing the  size  of  the  yards  or  courts,  the  floor  space  to  each  person 
occupying  a  room,  the  requirements  as  to  sanitation,  ventilation,  light 
and  protection  against  fire. 

§  88.  Constitutionality.  If  any  section,  subsection,  sentence,  clause 
or  phrase  of  this  act  is  for  any  reason  held  to  be  unconstitutional,  such 
decision  shall  not  affect  the  validity  of  the  remaining  portions  of  this 
act.  The  legislature  hereby  declares  that  it  would  have  passed  this 
act,  and  each  section,  subsection,  sentence,  clause,  and  phrase  thereof, 
irrespective  of  the  fact  that  any  one  or  more  sections,  subsections,  sen- 
tences, clauses,  or  phrases  be  declared  unconstitutional. 

§89.  In  effect,  when.  This  act  shall  take  effect  and  be  in  force  from 
and  after  September  1,  1917. 

§90.  Act  of  1911  repealed.  The  act  entitled  "An  act  to  regulate 
1lie  liuiliiiiig  and  occupancy  of  tenement  houses  in  incorporated  towns, 
incorporated  cities,  and  cities  and  counties,  and  1o  provide  penalties  for 
Ihe  violation  thereof  and  repealing  an  act  (Mititlrd  'An  act  to  regulate 
the  l)uilding  and  occupancy  of  tenement  houses  in  incorporated  towns, 
incorporated  cities,  and  cities  and  counties,  and  to  provide  penalties  for 
llic  violation  thereof  ai)iirove(l  April  Ki,  10(19.  Statutes  of  California 
of  ]'.H;'.),  page  9JS."  approved  April  10,  1911.,  Statutes  of  California, 
1911,  jiago  8(50,  anil  ajiproved  June  13,  1913,  Statutes  of  California, 
19i:{,  page  737,  and  ajiproved  May  29,  191^,  Statutes  of  California  page 
952,  and  all  a<'ts  amendatory  thereof  are  herel)y    repealed. 


1355  UNIVERSITY  OF  CALIFORNIA.     Acts  4219-4263h,  §  3 

TITLE  589. 

UNITED  STATES. 
ACT  4219. 

Au  act  to  accept  from  the  United  States  goveriimeut  the  cession  of 
jurisdiction  over  a  x^ortion  of  the  Presidio  of  the  San  Francisco 
military  reservation. 

[Approved  May  17,  1917.     Stats.  1917,  p.  626.     In  effect  July  2.7,  1917. J 

§1.  Cession  of  jurisdiction  accepted.  The  state  of  California  hereby 
accei^ts  from  the  United  States  government  the  cession  of  jurisdiction 
over  that  portion  of  the  Presidio  of  the  San  Francisco  military  reser- 
vation designated  by  the  secretary  of  war  for  the  use  of  the  Panama- 
Pacific  international  exposition  company  and  its  successors  in  interest, 
pursuant  to  the  act  of  congress  making  appropriations  for  the  support 
of  the  army  for  the  fiscal  year  one  thousand  nine  hundred  seventeen, 
approved  August  29,  1916,  subject  to  the  conditions,  reservations  and 
stipulations   contained  in  said  act. 

TITLE  593. 

UNIVEESITY   OF   CALIFORNIA. 
ACT  4263h. 

An  act  authorizing  the  construction  of  the  unfinished  portion  of  the 
library  building  of  the  University  of  California,  and  the  construction 
of  a  building  for  general  use  as  a  recitation  building,  of  a  building 
for  the  use  of  the  college  of  agriculture,  and  of  a  building  for  the 
use  of  the  college  of  natural  sciences  as  a  chemistry  building,  ui>on 
the  grounds  of  said  University  of  California  at  Berkeley;  provid- 
ing for  the  issuance  and  sale  of  state  bonds  to  meet  the  cost  of 
the  foregoing  purposes;  and  providing  the  necessary  moneys  for  the 
payment  of  the  principal  and  interest  to  become  due  on  said  bonds. 
[Adopted  as  initiative  measure  by  vote  of  the  people  November  3, 
1914.     Stats.  1915,  p.  1923.] 

Amended  1915,  p.  15;  1917,  p.  21. 
The  amendment  of  1917  follows: 

§3.  Sale  of  bonds  on  direction  of  governor.  When  the  bonds  author- 
ized by  this  act  to  be  issued  shall  have  been  signed,  countersigned,  in- 
dorsed and  sealed,  as  in  section  one  provided,  the  state  treasurer  shall, 
from  time  to  time,  sell  such  number  thereof  as  the  governor  of  the  state 
may  direct  to. the  highest  bidder  for  cash.  The  governor  of  the  state 
shall,  from  time  to  time,  issue  to  the  state  treasurer  such  direction  imme- 
diately after  being  requested  so  to  do  through  and  by  a  resolution  duly 
adopted  and  passed  by  a  majority  vote  of  the  regents  of  the  University 
of  California.  Such  resolution  shall  specify  the  amount  of  money  which, 
in  the  judgment  of  said  the  regents  of  the  University  of  California,  shall 
be  required  at  such  time,  and  the  governor  of  the  state  shall  direct  the 
state  treasurer  to  sell  such  number  of  bonds  as  will,  at  the  par  value 
thereof,  equal  said  amount  of  money  so  required  according  to  such  reso- 
lution of  the  regents  of  the  University  of  California.  Said  bonds  shall 
be  sold  in  consecutive  numerical  order,  save  and  except  that  the  state 
treasurer  may  sell  two  or  more  bonds  at  the  same  time  in  one  lot,  which 


Act  4263h,  §  3  general  laws.  1356 

lot,  however,  shall  be  made  up  of  bonds  consecutively  numbered,  the 
first  of  which  in  number  shall  be  the  first  bond  in  number  yet  unsold. 
The  state  treasurer  shall  not  accept  any  bid  which  is  less  than  the  par 
value  of  the  bond  or  bonds  bid  for,  and  to  the  amount  of  the  accepted 
bid  there  shall  be  added  in  each  case,  as  a  part  of  the  purchase  price 
to  be  paid  by  the  bidder,  the  amount  of  interest  which  shall  have  accrued 
on  the  bonds  bid  for  between  the  date  of  the  paj^ment  for  said  bonds 
and  the  last  preceding  interest  maturity  date.  Each  bid  shall  be  in 
writing  and  signed  by  the  bidder  and  sealed,  and  shall  be  deposited  with 
the  state  treasurer  not  later  than  the  last  business  day  preceding  the 
date  of  sale.  Each  bid  shall  be  accompanied  by  the  deposit  with  the 
state  treasurer,  either  in  cash  or  by  certified  check  on  a  reputable  bank 
within  the  state  of  California,  to  the  order  of  the  state  of  California, 
of  one-tenth  of  the  amount  of  the  par  value  of  the  bond  or  lot  of  bonds 
bid  for.  Such  deposit  of  each  unsuccessful  bidder  shall  be  returned  to 
him  immediately  upon  the  nonacceptance  of  his  bid,  and  such  deposit 
of  the  successful  bidder  shall  immediately  upon  the  acceptance  of  his 
bid  become  and  be  the  property  of  the  state  of  California  and  be  placed' 
in  the. state  treasury  to  the  credit  of  the  "University  of  California  build- 
ing fund"  hereinafter  mentioned,  and  shall  be  credited  to  the  successful 
bidder  upon  the  purchase  price  of  the  bonds  bid  for  in  case  such  price 
is  paid  in  full  by  him  within  the  time  hereinafter  prescribed.  At  the 
time  of  sale  the  state  treasurer  shall  open  said  bids  and  accept  the  bid 
of  the  highest  bidder  for  cash,  save  and  except  that  no  bid  shall  be 
accepted  which  is  lower  in  amount  than  the  par  value  of  the  bonds  bid 
for,  and  that  the  state  treasurer  may,  in  his  discretion,  reject  all  bids. 
The  purchase  price  of  the  bonds  sold  shall  be  payable  within  ten  days 
after  the  acceptance  of  the  bid  therefor,  and  if  not  so  paid  the  success- 
ful bidder  shall  have  no  right  in  or  to  said  bonds  or  by  reason  of  said 
bid,  or  to  the  recovery  of  said  deposit  accompanying  said  bid,  or  to  any 
allowance  or  credit  by  reason  of  such  deposit.  In  case  the  purchase  price 
is  not  so  paid,  the  bonds  so  sold  but  not  paid  for  shall  be  resold  by  the 
state  treasurer  upon  notice  as  hereinafter  provided  in  case  of  original 
sale.  Bonds  sold  shall  be  deliverable  to  the  purchaser  immediately  upon, 
and  not  before,  the  payment  of  the  purchase  price  therefor.  Before 
delivering  any  of  said  bonds,  the  state  treasurer  shall  detach  therefrom 
all  interest  coupons  which  have  matured  before  the  date  of  the  payment 
of  the  purchase  price  therefor.  The  state  treasurer  may,  by  public  an- 
nouncement at  the  time  and  place  fixed  by  him  for  said  sale,  continue 
such  sale  to  such  time  and  place  as  he  may  at  the  time  of  said  continu- 
ance designate.  When  a  sale  is  so  continued  no  notice  thereof  need  be 
given,  other  than  the  public  announcement  of  such  continuance  by  the 
state  treasurer  as  just  hereinbefore  provided.  The  state  treasurer  shall 
give  notice  of  tlie  time  iind  place  of  sale  by  publication  in  two  news- 
pajicrs  publislied  in  tlic  city  and  county  of  San  Francisco,  in  one  news- 
|tapor  published  in  the  city  of  Los  Angeles,  in  one  newspaper  published 
in  the  city  of  Oakland,  and  in  one  newspaper  published  in  the  city  of 
Sacrameiito,  once  a  week  for  f^mr  weeks  next  preceding  the  date  fixed 
for  such  sale.  In  addition  to  the  notice  last  above  provided  for,  the 
state  treasurer  may  give  sucii  further  notice  as  he  may  deem  advisable, 
but  the  expense  and  cost  of  such  additional  notice  shall  not  exceed  the 
sum  of  five  hundred  dollars  for  each  sale  so  advertised. 


1357  VENICE.  Act  4271,  §1 

There  is  hereby  created  in  aud  for  the  state  treasury  a  fund  to  be 
known  and  designated  as  the  "University  of  California  building  fund/' 
and  immediately  after  such  sale  of  bonds  the  treasurer  of  the  state  shall 
pay  into  the  state  treasury  and  cause  to  be  placed  in  said  "University 
of  California  building  fund"  the  total  amount  received  from  the  sale  of 
said  bonds,  except  such  amount  as  may  have  been  paid  as  accrued  in- 
terest thereon.  The  amount  that  shall  have  been  paid  at  such  sale  as 
'accrued  interest  on  the  bonds  sold  shall  be  by  the  treasurer  of  the  state, 
immediately  after  such  sale,  paid  into  the  treasury  of  the  state  and 
placed  in  a  fund  to  be  known  as  the  "interest  and  sinking  fund  of  the 
University  of  California  building  bonds." 

The  moneys  placed  in  the  "University  of  California  building  fund," 
pursuant  to  the  provisions  of  this  section,  shall  be  used  under  the  direc- 
tion of  the  regents  of  the  University  of  California  exclusively  for  the 
completion  of  the  construction  of  said  library  building  and  the  construc- 
tion of  the  other  buildings  hereinbefore  mentioned,  the  furnishing  and 
equipping  of  said  buildings,  the  construction  and  equipment  of  a  power 
plant,  and  tunnels  and  subways  for  steam  and  electric  lines  in  connec- 
tion with  said  buildings  and  neighboring  buildings  of  the  University  of 
California,  the  doing  of  necessary  laudscajjing  immediately  surrounding 
said  buildings,  and  for  meeting  the  expenses  of  the  sale  of  said  bonds. 

Moneys  shall  be  drawn  from  said  "University  of  California  building 
fund"  for  the  purposes  of  this  act,  upon  warrants  duly  drawn  by  the 
controller  of  the  state,  upon  claims  made  by  the  regents  of  the  Uni- 
versity of  California  and  approved  by  the  state  board  of  control. 

TITLE  595a. 

VENICE. 
ACT  4271. 

An  act  granting  to  the  city  of  Venice  the  tide-lands  and  submerged  lands 
of  the  state  of  California  within  the  boundaries  of  the  said  city. 

[Approved  April  10,  1917.     Stats.  1917,  p.  89.     In  effect  July  27,  1917.] 

§  1.  Tide-lands  granted  to  Venice.  There  is  hereby  granted  to  the 
city  of  Venice,  a  municipal  corporation  of  the  state  of  California,  and 
to  its  successors,  all  the  right,  title  and  interest  of  the  state  of  California 
held  by  said  state  bj^  virtue  of  its  sovereignty,  in  and  to  all  the  tide- 
lands  and  submerged  lands,  whether  filled  or  unfilled;  provided,  that 
nothing  contained  herein  shall  in  any  way  affect  any  x^roperty  held  or 
claimed  under,  through  or  from  a  Mexican  grant  or  patent  therefor 
within  the  present  boundaries  and  jurisdiction  of  said  city,  and  situated 
below  the  line  of  mean  high  tide  of  the  Pacific  Ocean,  or  of  any  harbor, 
estuary,  bay  or  inlet  within  said  boundaries,  to  be  forever  held  by  said 
city,  and  by  its  successors,  in  trust  for  the  uses  and  purposes  and  upon 
the  express  conditions  following,  to  wit: 

(a)  Purposes  for  which  land  may  be  used.  Term  of  franchises  and 
leases.  That  said  lands  shall  be  used  by  said  city  and  b}'  its  successors, 
solely  for  the  establishment,  improvement  and  conduct  of  a  harbor,  and 
for  the  construction,  maintenance  and  operation  thereon  of  wharves, 
docks,  piers,  slips,   quays,  and   other  utilities,   structures   and  appliances 


Act  4302,  §  1  GENERAL   LAWS.  1358 

necessary  or  convenient  for  the  promotion  and  accommodation  of  com- 
merce and  navigation,  and  said  city,  or  its  successors,  shall  not,  at  any 
time,  grant,  conve^^,  give  or  alien  said  lands,  or  any  part  thereof,  to  any 
individual,  firm  or  corporation  for  any  purpose  whatsoever;  provided, 
that  said  city,  or  its  successors,  may  grant  franchises  thereon,  for  a 
period  not  exceeding  twenty-five  y'ears,  for  wharves  and  other  public 
uses  and  purposes,  and  may  lease  said  lands,  or  any  part  thereof,  for  a 
period  not  exceeding  twenty-five  years,  for  purposes  consistent  with  the 
trusts  upon  which  said  lands  are  held  by  the  state  of  California  and 
with  the  requirements  of  commerce  or  navigation  at  said  harbor; 

(b)  Harbor  improved  without  expense  to  state.  That  said  harbor  shall 
be  improved  by  said  city  without  expense  to  the  state,  and  shall  always 
remain  a  public  harbor  for  all  purposes  of  commence  and  navigation,  and 
the  state  of  California  shall  have,  at  all  times,  the  right  to  use,  without 
charge,  all  wharves,  docks,  piers,  slips,  quays  and  other  improvements 
constructed  on  said  lands,  or  any  part  thereof,  for  any  vessel  or  other 
water  craft,  or  railroad,  owned  or  operated  by  the  state  of  California; 

(e)  No  discrimination  in  rates.  Right  to  fish  reserved  to  people.  That 
in  the  management,  conduct  or  operation  of  said  harbor,  or  of  any  of 
the  utilities,  structures  or  appliances  mentioned  in  paragraph  (a),  no  dis- 
crimination in  rates,  tolls,  or  charges,  or  in  facilities,  for  any  use  or 
service  in  connection  therewith  shall  ever  be  made,  authorized  or  per- 
mitted by  said  city  or  by  its  successors; 

Eeserving,  however,  in  the  people  of  the  state  of  California  the  abso- 
lute right  to  fish  in  the  waters  of  said  harbor,  with  the  right  of  con- 
venient access  to  said  waters  over  said  lands  for  said  purpose. 

TITLE  600. 
VITAL  STATISTICS. 

ACT  4302. 

An  act  to  provide  a  central  bureau  for  the  preservation  of  records  of 
marriages,  births  and  deaths,  and  to  provide  for  the  registration  of 
all  births  and  deaths,  the  establishment  of  registration  districts 
under  the  superintendence  of  the  state  bureau  of  vital  statistics; 
the  issuance  and  registration  of  burial  and  disinterment  permits  and 
certificates  of  births  and  deaths;  the  appointment  of  state  and  local 
registrars  of  vital  statistics;  to  prescribe  the  powers  and  duties  of 
registrars,  coroners,  physicians,  undertakers,  sextons  and  other  per- 
sons in  relation  to  such  registration  and  to  fix  penalties  for  violation 
of  this  act;  to  create  the  offices  of  state  and  local  registrars  of  vital 
statistics,  to  provide  for  tlie  salary  and  fees  of  same;  to  repeal  all 
acts  and  parts  of  acts  in  conflict  herewitli. 

[Approved  May  19,  191.1.     Stats.  191.-5,  p.  .')75.] 
Amended   1917;  Stats.  1917,  p.  717. 

§  1.  Bureau  of  vital  statistics.  State  registrar.  Salary.  Deputy. 
Other  assistants.  The  state  board  of  health  shall  maintain  a  bureau  of 
\it:il  Htatislifs  wliich  shall  liave  cliarge  of  such  matters  and  shall  have 
such  powers  as  may  from  time  to  time  be  referred  and  delegated  to  it 
by  the  slate  board  of  healtli.     The  board  shall  appoint  a  state  registrar 


1359  VITAL  STATISTICS.  Act  4302,  j;  §  2-4 

who,  by  virtue  of  his  office,  shall  be  director  of  the  bureau  of  vital 
statistics.  His  salary  shall  be  two  thousand  four  hundred  dollars  per 
annum.  The  state  registrar  shall  be  a  competent  vital  statistician.  Ifo 
shall  have  general  supervision  and  control  over  the  bureau  of  vital 
statistics.  He  shall  devote  his  entire  time  to  the  duties  of  his  office 
and  shall  not  engage  in  any  other  occupation  or  business.  The  board 
shall  appoint  also  a  deputy  statistician,  whose  salary  shall  be  one 
thousand  six  hundred  dollars  per  annum,  and  two  copyists,  each  of  whom 
shall  receive  a  salary  of  nine  hundred  dollars  per  annum.  All  such 
salaries  shall  be  paid  in  the  same  manner  and  at  the  same  time  as  the 
salaries  of  state  officers.  The  state  board  of  health  may  appoint  and 
fix  the  compensation  of  such  other  additional  professional  and  clerical 
assistants  as  may  be  necessary  for  the  purposes  of  this  act,  but  such 
compensation  shall  be  paid  from  its  fund  for  contingent  expenses,  as 
provided  in  the  general  appropriation  act.  As  soon  as  practicable  the 
custodian  of  the  capitol  shall  provide  for  the  bureau  of  vital  statistics 
in  the  state  capitol  at  Sacramento,  suitable  offices,  which  shall  be  prop- 
erly equipped  with  fireproof  vault  and  filing  cases  for  the  permanent  and 
safe  preservation  of  all  official  records  made  and  returned  under  this 
act.     [Amendment  approved  May  18,  1917;  Stats.  1917,  p.  717.] 

§2.  Duties  of  state  registrar.  The  state  registrar  shall  under  the 
direction  of  the  state  board  of  health  have  charge  of  the  registration 
of  births,  deaths,  and  marriages,  shall  prepare  forms  and  blanks  with 
instructions  for  obtaining  and  preserving  such  records  and  shall  pro- 
cure the  faithful  registration  of  the  same  in  each  primary  registration 
district  as  constituted  in  section  three  of  this  act,  and  in  the  bureau 
of  vital  statistics  of  the  state  board  of  health  at  the  capitol  of  the 
state.  The  said  board  shall  be  charged  with  the  uniform  and  thorough 
enforcement  of  the  law  throughout  the  state,  and  shall  promulgate  any 
additional  regulations.  [Amendment  approved  May  18,  1917;  Stats. 
1917,  p.-  718.] 

§  3.  Registration  districts.  For  the  purposes  of  this  act  the  state 
shall  be  divided  into  registration  districts  as  follows:  Each  city  and 
county,  city  and  incorporated  town,  shall  constitute  a  primary  registra- 
tion district;  and  each  county,  exclusive  of  the  cities  and  incorporated 
towns  therein,  may  be  subdivided  by  the  state  registrar  into  a  suffi-'ient 
number  of  primary  rural  registration  districts,  the  boundaries  of  which 
he  shall  define  and  which  he  may  alter,  combine,  or  subdivide  from 
time  to  time  as  may  be  necessary  to  promote  efficient  and  convenient 
registration  of  all  births  and  deaths.  [Amendment  approved  May  18, 
1917;   Stats.  1917,  p.  718.] 

§  4.  Local  registrars.  Local  registrar  for  each  primary  rural  district. 
Registrar  for  marriages.  Depi'ty.  Subregistrars.  The  clerk  of  each  city 
and  county,  city  and  incorporated  town,  shall  be  the  local  registrar  in 
and  for  such  primary  registration  district  and  shall  perform  all  such 
duties  of  local  registrar  as  hereinafter  provided;  provided,  however, 
that  in  cities  having  a  freeholders'  charter,  the  health  officer  may  act 
as  local  registrar  and  perform  all  the  duties  thereof.  The  state  regis- 
trar, subject  to  the  approval  of  the  state  board   of  health   or  its  secre- 


Act  4302,  §  5  GENERAL   LAWS.  1360 

tary,  shall  appoint  a  local  registrar  for  each  primary  rural  district 
whose  term  of  office  shall  be  four  years,  and  whom  the  state  registrar 
may  remove  forthwith  for  failure  or  neglect  to  perform  his  duty  as 
prescribed  by  this  act.  Each  local  registrar  for  a  primary  rural  dis- 
trict, besides  transmitting  to  the  state  registrar  each  original  birth 
and  death  certificate  registered  by  him  and  besides  retaining  a  com- 
plete and  accurate  copy  of  each  such  birth  and  death  certificate  for 
the  local  record  of  the  primary  rural  district  as  required  by  section 
nineteen  of  this  act,  shall  also  transmit  to  the  recorder  of  the  county 
for  a  special  county  record  a  complete  and  accurate  copy  of  each  original 
birth  and  death  certificate  transmitted  by  said  local  registrar  to  the 
state  registrar;  provided,  further,  that  in  accordance  with  sections  three 
thousand  seventy-six,  three  thousand  seventy-eight,  and  three  thousand 
seventy-nine  of  the  Political  Code,  the  county  recorder  shall  be  the 
sole  local  registrar  for  marriages  performed  anywhere  in  the  county. 
Each  local  registrar  shall  immediately  appoint  a  deputy  in  writing,  whose 
duty  it  shall  be  to  act  in  his  stead  in  case  of  his  absence  or  disability; 
and  such  deputy  shall  in  writing  accept  such  appointment,  and  be 
subject  to  all  rules  and  regulations  governing  local  registrars.  And 
when  it  appears  necessary  for  the  convenience  of  the  people  in  any  regis- 
tration district,  the  local  registrar  is  hereby  authorized,  with  the  approval 
of  the  state  registrar,  to  appoint  one  or  more  suitable  persons  to  act 
as  subregistrars,  who  shall  be  authorized  to  receive  certificates  and 
to  issue  burial  or  removal  permits  in  and  for  such  portions  of  the  dis- 
trict as  may  be  designated;  and  each  subregistrar  shall  note,  on  each 
certificate,  over  his  signature,  the  date  of  filing,  and  shall  forthwith 
forward  all  certificates  to  the  local  registrar  of  the  district,  and  in 
all  cases  before  the  third  day  of  the  following  month;  provided,  that 
each  subregistrar  shall  be  subject  to  the  supervision  and  control  of  the 
state  registrar,  and  may  be  by  him  removed  for  neglect  or  failure  to 
perform  his  duty  in  accordance  with  the  provisions  of  this  act  or  the 
rules  and  regulations  of  the  state  registrar,  and  shall  be  subject  to  the 
same  penalties  for  neglect  of  duty  as  the  local  registrar.  [Amendment 
approved  May  IS,   1917;   Stats.  1917,  p.  719.] 

§  5.  Burial  permits.  Removal  permit.  Body  brought  into  state  for 
burial.  The  body  of  any  person  whose  death  occurs  in  this  state,  or 
which  shall  be  found  dead  therein  or  which  shall  be  brought  in  from 
outside  the  state,  shall  not  be  interred,  deposited  in  a  vault  or  tomb, 
cremated,  disinterred  or  otherwise  disposed  of,  or  removed  from  or  into 
any  registration  district,  or  be  temporarily  hold  ponding  further  dis- 
)(osition  moro  than  seventy-two  hours  after  death,  unless  a  jiormit  for 
liurial,  removal,  or  other  disposilion  thereof  shall  have  boon  properly 
issued  by  the  local  registrar  of  the  registration  district  in  which  the 
death  occurred  or  the  body  was  found;  provided,  that  nothing  in  this 
act  shall  be  construed  to  prevent  an  undertaker  from  removing  a  body 
from  the  registration  district  where  the  death  occurred  or  the  body 
was  found  to  a  contiguous  registration  district  in  the  same  or  an  adjoin- 
ing count V  ill  :iii  \iiidertakor's  conveyance  for  the  purpose  of  preparing 
paid  body  for  burial  or  shipment.  A  removal  permit  must  be  secured 
within  forty-eight  hours  and  before  embalming  the  body.     No  body  where 


1361  VITAL  STATISTICS.  Act  4302,  §  7 

death  occurred  from  any  disease  held  by  the  state  board  of  health  to 
be  infectious,  contagious  or  communicable  and  dangerous  to  the  public 
health  shall  be  removed  without  first  securing  a  removal  permit  in  the 
manner  provided  in  section  nineteen  of  this  act.  And  no  such  burial 
or  removal  permit  shall  be  issued  by  any  registrar  until,  wherever  prac- 
ticable, a  complete  and  satisfactory  certificate  of  death  has  been  filed 
with  him  as  hereinafter  provided;  provided,  that  when  a  dead  body  is 
transported  from  outside  the  state  into  a  registration  district  in  Cali- 
fornia for  burial,  the  transit  or  removal  permit,  issued  in  accordance 
with  the  law  and  health  regulations  o£  the  place  where  the  death 
occurred,  shall  be  accepted  by  the  local  registrar  of  the  district  into 
which  the  body  has  been  transported  for  burial  or  other  disposition, 
as  a  basis  upon  which  he  may  issue  a  local  burial  permit,  noting  upon 
the  face  of  the  burial  permit  the  fact  that  it  was  a  body  shipped  in 
for  interment,  and  giving  the  actual  place  of  death;  and  no  local  regis- 
trar shall  receive  any  fee  for  the  issuance  of  burial  or  removal  permits 
under  this  act  other  than  the  compensation  provided  in  section  twenty. 
[Amendment  approved  May  18,  1917;  Stats.  1917,  p.  720.] 

§  7.  Certificate  of  death.  Medical  certificate.  The  certificate  of  death 
shall  contain  the  following  items,  which  are  hereby  declared  to  be  neces- 
sary for  the  legal,  social,  and  sanitary  purposes  subserved  by  registration 
records: 

(1)  Place  of  death,  including  state,  county,  township,  village  or  city. 
If  in  a  city,  the  ward,  street,  and  house  number;  if  in  a  hospital  or  other 
institution,  the  name  of  the  same  to  be  given  instead  of  the  street  and 
house  number.  If  in  an  industrial  camp,  the  name  of  the  camp  to  be 
given. 

(2)  Full  name  of  decedent.  If  an  unnamed  child,  the  surname  pre- 
ceded by   "unnamed." 

(3)  Bex. 

(4)  Color  or  race — as  white,  black,  mulatto  (or  other  negro  descent), 
Indian,  Chinese,  Japanese,  or  other. 

(5)  Conjugal  condition — as  single,  married,  widowed  or  divorced, 
(oa)  Husband  of  ■ -. 

(5b)   Wife  of  — . 

(6)  Date  of  birth,  including  the  year,  month,  and  day. 

(7)  Age,  in  years,  months  and  days.  If  less  than  one  day,  the  hours 
or  minutes. 

(8)  Occupation.  The  oecui)ation  to  be  reported  of  any  person,  male 
or  female,  who  had  any  remunerative  employment  with  the  statement  of 
(a)  trade,  profession  or  particular  kind  of  work;  (b)  general  nature  of 
industry,  business  or  establishment  in  which  employed  (or  employer). 

(9)  Birthplace;  at  least  state  or  foreign  country-,  if  known. 

(10)  Name  of  father. 

(11)  Birthplace  of  father;  at  least  state  or  foreign  country,  if  known. 

(12)  Maiden  name  of  mother. 

(13)  Birthplace  of  mother;  at  least  state  or  foreign  country,  if  known. 

(14)  Signature  and  address  of  informant. 

(15)  Official  signature  of  registrar,  with  the  date  when  certificate  was 
filed,  and  registered  number. 

86 


Act  4302,  §  10  GENERAL   LAWS.  1362 

(16)  Date  of  death,  year,  month,  and  day. 

(17)  Certification  as  to  medical  attendance  on  decedent,  fact  and  time 
of  death,  time  last  seen  alive,  and  the  cause  of  death,  with  contributory 
(secondary)  cause  of  complication,  if  any,  and  duration  of  each,  and 
whether  attributed  to  dangerous  or  insanitary  conditions  of  employ- 
ment; signature  and  address  of  physician  or  official  making  the  medical 
certificate. 

(18)  Length  of  residence  (for  inmates  of  hospitals  and  other  institu- 
tions; transients  or  recent  residents)  at  place  of  death  and  in  California, 
together  with  the  place  where  disease  was  contracted  if  not  at  the  place 
of  death,  and  former  or  usual  place  of  residence  (giving  city  and  state 
of  residence). 

(19)  Place  of  burial  or  removal;  date  of  burial. 

(20)  Signature  and  address  of  undertaker  or  person  acting  as  such  and 
license  number  of  embalmer. 

The  personal  and  statistical  particulars  (items  one  to  thirteen)  shall 
be  authenticated  by  the  signature  of  the  informant  who  may  be  any 
competent  person  acquainted  with  the  facts. 

The  statement  of  facts  relating  to  the  disjiosition  of  the  body  shall  be 
signed  by  the  undertaker  or  person  acting  as  such. 

The  medical  certificate  shall  be  made  and  signed  by  the  physician,  if 
any,  last  in  attendance  on  the  deceased,  and  said  physician  shall  within 
fifteen  hours  after  the  death  deposit  the  certificate  at  the  place  of  death, 
or  deliver  it  to  the  attending  undertaker  at  his  place  of  business  or  at 
the  office  of  said  physician.  Said  physician  shall  specify  in  the  certifi- 
cate the  time  in  attendance,  the  time  he  last  saw  the  deceased  alive  and 
the  hour  of  the  day  at  which  death  occurred.  And  he  shall  further  state 
the  cause  of  death,  so  as  to  show  the  course  of  disease  or  sequence  of 
causes  resulting  in  the  death,  giving  first  the  name  of  the  disease  caus- 
ing death  (primary  cause)  and  the  contributory  (secondary)  cause,  if 
anj^,  and  the  duration  of  each.  Indefinite  and  unsatisfactory  terms, 
denoting  only  symptoms  of  disease  or  conditions  resulting  from  disease, 
will  not  be  held  sufficient  for  the  issuance  of  a  burial  or  removal  permit; 
and  any  certificate  containing  only  such  terms,  as  defined  by  the  state 
resigtrar,  shall  be  returned  to  the  physician  or  person  making  the  medi- 
cal certificate  for  correction  and  more  definite  statement.  Causes  of 
death  which  may  be  the  result  of  either  disease  or  violence  shall  be 
carefully  defined;  and  if  from  violence,  the  means  of  injury  shall  be 
stated,  and  whether  (probably)  accidental,  suicidal,  or  homicidal.  And 
for  deaths  of  nonresidents,  transients  or  recent  residents  in  hospitals 
or  institutions,  the  physician  shall  supply  the  information  required  under 
this  head  (item  eighteen)  if  he  is  able  to  do  so,  and  shall  state  where, 
111  his  o])inion,  the  disease  was  cont  lactcd.  |  Amendment  approved  May 
IS,  1917;  Stats.  1917,  p.  720.] 

§  10.  Wording  of  burial  permit  in  case  of  burial  >vithin  state.  Tf  the 
interintjnt,  or  other  disposition  of  the  body  is  to  be  made  witliin  the 
state,  the  wording  of  the  buri;il  or  icmoval  permit  may  be  limited  to  a 
strilement  by  the  registrar,  and  over  his  signature,  that  a  satisfactory 
certificate  of  death  having  been  filed  with  him,  as  required  by  law,  per- 
mission   is  granted    1o   inlfv,   remove,   or   dispose   otherwise   of   the   bodj', 


1363  VITAL  STATISTICS.  Act  4302,  §§  13-U 

stating  the  name,  age,  sex,  cause  of  death,  aud  other  necessary  details 
npon  the  form  prescribed  by  the  state  registrar;  provided,  that  the 
transit  permit  prescribed  by  tlie  state  board  of  embahners  may  be  used 
in  lieu  of  said  burial  or  r(Mnoval  porinit.  |  AtiieiuliiKMit  a])proved  May  18, 
1917;  Stats.  1917,  p.  722.] 

§  13.  Certificate  of  birth.  Duty  of  father,  mother,  etc.  Witliin  thirty- 
six  hours  after  the  date  of  each  birtli,  there  shall  be  filed  with  the  local 
registrar  of  the  district  in  which  the  birth  occurred  a  certificate  of  such 
birth,  which  certificate  shall  be  upon  the  form  adopted  by  the  state 
board  of  health  with  a  view  to  procuring  a  full  and  accurate  report  with 
respect  to  each  item  of  information  enumerated  in  section  fourteen  of 
this  act. 

In  sparsely-settled  districts  or  where  there  is  no  direct  mail  communi- 
cation with  the  county  seat  a  reasonable  time  shall  be  fixed  by  the  local 
registrar. 

In  each  case  w-here  a  physic/ian,  or  midwife,  or  person  acting  as  mid- 
wife, was  in  attendance  upon  the  birth,  it  shall  be  the  duty  of  such  physi- 
sian  to  file  in  accordance  herewith  the  certificate  herein  contemplated. 

In  ease  no  physician  was  in  attendance  it  shall  be  the  duty  of  the 
midwife  or  person  acting  as  midwife  to  file  such  certificate. 

In  every  case  it  shall  be  the  duty  of  the  father  or  mother  of  the  child, 
the  housenolder  or  owner  of  the  premises  where  the  birth  occurred  or 
th  manager  or  superintendent  of  the  public  or  private  institution  where 
the  birth  occurred,  each  in  the  order  named,  within  ten  days  after  the 
date  of  such  birth,  to  report  to  the  local  registrar  the  fact  of  such  birth. 
In  such  case  and  in  case  the  physician,  midwife,  or  jierson  acting  as 
midwife,  in  attendance  upon  the  birth  is  unable,  by  diligent  inquiry,  to 
obtain  any  item  or  items  of  information  contempated  in  section  fourteen 
of  this  act,  it  shall  then  be  the  duty  of  the  local  registrar  to  secure  from 
the  person  so  reporting,  or  from  any  other  person  having  the  required 
knowledge,  such  information  as  will  enable  him  to  prepare  the  certificate 
of  birth  herein  contemplated,  and  it  shall  be  the  duty  of  the  person 
reporting  the  birth  or  who  may  be  interrogated  in  relation  thereto  to 
answer  correctly  and  to  the  best  of  his  knowledge  all  questions  put  to 
him  by  the  local  registrar  which  may  be  caleujated  to  elicit  any  informa- 
tion needed  to  make  a  complete  record  of  the  birth  as  contemplated  by 
said  section  fourteen,  and  it  shall  be  the  duty  of  the  informant  as  to 
any  statement  made  in  accordance  herewith  to  verify  such  statement  by 
his  signature,  when  recpiested  so  to  do  by  the  local  registrar.  [Amend- 
ment approved  May  IS,  1917;  Stats.  1917,  p.  722.] 

§  14.     Items  in  certificate  of  birth.     Certificate  of  physician  or  midwife. 

The  certificate  of  birth  shall  contain  the  following  i1?ems,  which  are 
hereby  declared  necessary  for  the  legal,  social,  and  sanitarj-  purposes 
subserved  by  registration  records: 

(1)  Place  of  birth,  including  state,  county,  township  or  town,  village 
or  city.  If  in  a  city,  the  ward,  street  and  house  number;  if  in  a  hosiptal 
or  other  institution,  the  name  of  the  same  to  be  given,  instead  of  the 
street  and  house  number. 

(2)  Full  name  of  child.  If  the  child  dies  without  a  name,  before  the 
certificate  is  filed,  enter  the  words  "died  unnamed."     If  the  living  child 


Act  4302,  §  18  GENERAL   LAWS.  1364- 

has  not  yet  been  named  at  the  date  of  filing  certificate  of  birth,  the 
space  for  "full  name  of  child"  is  to  be  left  blank,  to  be  filled  out  subse- 
quently by  a  supplemental  report,  as  hereinafter  provided. 

(3)  Sex  of  child. 

(4)  Whether  a  twin,  triplet,  or  other  plural  birth.  A  separate  certifi- 
cate shall  be  required  for  each  child  in  case  of  plural  births. 

(5)  For  plural  births,  number  of  each  child  in  order  of  birth. 

(6)  Date  of  birth,  including  the  year,  month,  and  day. 

(7)  Full  name  of  father. 

(8)  Eesidence  of  father  (giving  city  and  state  of  residence). 

(9)  Color  or  race  of  father. 

(10)  Age  of  father  at  last  birthday,  in  years. 

(11)  Birthplace  of  father;  at  least  state  or  foreign  country,  if  known. 

(12)  Occupation  of  father.  The  occupation  to  be  reported  if  engaged 
in  any  remunerative  employment,  with  the  statement  of  (a)  trade,  pro- 
tession,  or  particular  kind  of  work;  (b)  general  nature  of  industry,  busi- 
ness or  establishment  in  which  employed  (or  employer). 

(13)  Maiden  name  of  mother. 

(14)  Eesidence  of  mother  (giving  city  and  state  of  residence). 

(15)  Color  or  race  of  mother. 

(16)  Age  of  mother  at  least  birthday,  in  years. 

(17)  Birthplace  of  mother;  at  least  state  or  foreign  country,  if  known. 

(18)  Occupation  of  mother.  The  occupation  to  be  reported  if  engaged 
in  any  remunerative  employment,  with  the  statement  of  (a)  trade,  pro- 
fession, or  particular  kind  of  work;  (b)  general  nature  of  industry,  busi- 
ness or  establishment  in  which  employed  (or  employer). 

(19)  Number  of  children  born  to  this  mother,  including  present  birth. 

(20)  Number  of  children  of  this  mother  living. 

(21)  The  certification  of  attending  physician  or  midwife  as  to  attend- 
ance at  birth,  including  statement  of  year,  month,  day  (as  given  in  item 
seven),  and  hour  of  birth,  and  whether  the  child  was  born  alive  or  still- 
born. This  certification  shall  be  signed  by  the  attending  physician  or 
midwife,  with  date  of  signature  and  address;  if  there  is  no  physician  or 
midwife  in  attendance,  then  by  the  father  or  mother  of  the  child,  house- 
holder, owner  of  the  premises,  or  manager  or  superintendent  of  public  or 
private  institution  where  tfie  birth  occurred,  or  other  competent  person, 
whose  duty  it  shall  be  to  notify  the  local  registrar  of  such  birth,  as  re- 
quired by  section  thirteen  of  this  act. 

(22)  Exact  date  of  filing  in  office  of  local  registrar,  attested  by  his 
official  signature,  and  registered  number  of  birth,  as  hereinafter  pro- 
vided.     [Amendment  approved  May  S,  1917;  Stats.  1917,  p.  722.] 

§  18.  Form.s  ^nd  blanks.  Records  not  to  be  changed.  The  state  regis- 
trar shall  jircjiare  and  distiibute  all  I'oiiiis  and  blanks  for  use  in  regis- 
tering, recording  and  preserving  the  returns,  or  in  otherwise  carrying 
out  the  purposes  of  this  act;  and  shall  prepare  and  issue  such  detailed 
instructions  as  may  be  required  to  y)rocure  the  uniform  observance  of  its 
yirovisions  and  the  maintenance  of  a  perfect  system  of  registration;  and 
no  other  forms  or  blanks  sliali  be  used  than  those  prepared  by  the  state 
registrar.  He  shall  carefully  examine  the  certificates  received  monthly 
from   the  local  registrars,  and   if  any  sutdi   are  incomplete   or  unsatisfac- 


1365  VITAL  STATISTICS.  Act  4302,  §  18 

tory  he  shall  require  such  further  iiiforiiiation  to  be  supplied  as  may  be 
necessarj-  to  make  the  record  complete  and  satisfactory.  Whenever  a 
certificate  is  returned  by  a  local  registrar  other  than  the  registrar  of  the 
district  in  which  the  deceased  resided,  in  the  case  of  a  death,  or  in  which 
the  father  and  mother  of  a  child  reside,  in  the  case  of  a  birth  certificate, 
if  the  place  of  residence  is  a  city  within  this  state  and  having  at  least 
two  thousand  five  hundred  inhabitants  at  the  last  federal  census,  the 
state  registrar  shall  mail  to  the  local  registrar  of  such  city  of  residence, 
a  complete  copy  of  the  certificate.  And  all  physicians,  midwives,  in- 
formants, undertakers,  clergymen,  or  judges,  and  all  other  persons  hav- 
ing knowledge  of  the  facts,  are  hereby  required  to  sujiply,  upon  the  forms 
provided  or  upon  the  original  certificate,  such  information  as  they  may 
possess  regarding  any  birth  or  death  or  marriage  upon  demand  of  the 
state  registrar,  in  person,  by  mail,  or  through  the  local  registrar;  pro- 
vided, that  no  certificate  of  birth  or  death  or  marriage,  after  its  accept- 
ance for  registration  by  the  local  registrar,  and  no  other  record  made 
in  pursuance  of  this  act,  shall  be  altered  or  changed  in  any  respect, 
excejit  where  supplemental  information  required  for  statistical  purposes 
is  furnished. 

(a)  When  facts  not  correctly  stated.  Preservation  of  certificates. 
Infectious  diseases.  Records  of  church  associations,  etc.  Whenever  it 
may  be  alleged  that  the  facts  are  not  correctly  stated  in  any  certificate 
of  birth,  death,  or  marriage,  already  registered,  the  local  registrar  shall 
require  an  affidavit  under  oath  to  be  made  by  the  person  asserting  the 
fact,  setting  forth  the  changes  necessary  to  make  the  record  correct,  and 
supported  by  the  affidavit  of  one  other  credible  person  having  knowl- 
edge of  the  facts.  Having  received  such  affidavits,  the  local  registrar 
shall  file  them  together  with  an  amended  certificate  and  he  shall  note 
the  fact  of  the  amendment  with  its  date  on  the  margin  of  the  otherwise 
unaltered  original  certificate.  He  shall  transmit  the  original  certificate 
with  the  affidavits  and  amended  certificate  attached  when  making  his 
regular  monthly  returns  to  the  state  registrar.  He  shall  also  retain 
copies  foP~his  files.  If  the  correction  relates  to  a  certificate  previously 
returned  to  the  state  registrar  the  local  registrar  shall  forthwith  transmit 
the  affidavits  to  the  state  registrar.  If  the  correction  is  first  made  in  the 
state  bureau  of  vital  statistics  the  state  registrar  shall  transmit  a  cer- 
tified copy  of  the  amended  certificate  to  the  local  registrar. 

The  state  registrar  shall  further  arrange,  bind  and  permanently  pre- 
serve the  certificates  in  a  systematic  manner  and  shall  prepare  and  main- 
.  tain  a  comprehensive  and  continuous  card  index  of  all  births  and  deaths 
registered;  said  index  to  be  arranged  alphabetically,  in  the  ease  of 
deaths,  by  the  names  of  decedents,  and  in  the  case  of  births,  by  the 
names  of  fathers  and  maiden  names  of  mothers,  and  in  the  case  of  mar- 
riages by  the  "names  of  both  grooms  and  brides.  He  shall  inform  all 
registrars  what  diseases  are  to  be  considered  infectious,  contagious,  or 
communicable  and  dangerous  to  the  public  health,  as  decided  by  the 
state  board  of  health,  in  order  that  when  deaths  occur  from  such 
diseases  proper  precautions  may  be  taken  to  prevent  their  spread.  If 
any  cemetery  company  or  association,  or  any  church  or  historical  society 
or  association,  or  any  other  company,  society  or  association)  or  any  in- 


Act  4302,  §  21  GENERAL    LAWS.  1366 

dividual,  is  iu  possession  of  any  record  of  births  or  deaths  which  may 
be  of  value  in  establishing  the  genealogy  of  any  resident  of  his  state, 
such  company,  society,  association  or  individual,  may  file  such  record 
or  a  duly  authenticated  transcript  thereof  with  the  state  registrar,  and 
it  shall  be  the  dutj-  of  the  state  registrar  to  preserve  such  record  or 
transcript  and  to  make  a  record  and  index  thereof  in  such  form  as  to 
facilitate  the  finding  of  any  information  contained  therein.  Such 
record  and  index  shall  be  open  to  inspection  by  the  public,  subject  to 
such  reasonable  conditions  as  the  state  registrar  may  prescribe.  If  any 
person  desires  a  transcript  of  any  record  filed  in  accordance  herewith, 
the  state  registrar  shall  furnish  the  same  upon  application,  together 
with  a  certificate  that  it  is  a  true  copy  of  such  record,  as  filed  in  his 
office.      [Amendment  approved  May  18,  1917;   Stats.  1917,  p.  724.] 

§  21.  Certified,  copies  of  records.  Fee  for  searching  files.  The  state 
or  local  registrar  shall  forthwith  upon  recjuest  supply  to  any  applicant 
a  certified  copy  of  the  record  of  any  birth  or  death  or  marriage  regis- 
tered under  provisions  of  this  act,  for  the  making  and  certification  of 
which  he  shall  be  entitled  to  a  fee  of  fifty  cents,  to  be  paid  by  the 
applicant.  And  any  such  copy  of  the  record  of  a  birth  or  death  or  mar- 
riage when  properly  certified  by  the  state  or  local  registrar,  shall  be 
prima  facie  evidence  in  all  courts  and  places  of  the  facts  therein  stated. 
For  any  search  of  the  files  and  records  when  no  certified  copy  is  made 
the  state  registrar  or  local  registrar  shall  be  entitled  to  a  fee  of  fiftj' 
cents  for  each  hour  or  fractional  hour  of  time  of  search,  such  fee  to  be 
paid  by  the  applicant.  The  state  registrar  shall  keep  a  true  and  correct 
account  of  all  fees  by  him  received  under  these  provisions,  and  such 
money  so  received  by  the  state  registrar  shall  be  deposited  with  the 
state  treasurer,  who  shall  credit  the  amount  to  the  fund  provided  and  to 
be  used  for  the  payment  of  the  traveling  and  contingent  expenses  of 
the  state  board  of  health,  and  the  monej^  so  collected  by  the  local  regis- 
trar shall  be  paid  by  him  into  the  county  or  city  treasury,  as  the  case 
may  be;  provided,  that  the  local  registrar  shall,  upon  request  of  any 
parent  or  guardian,  supply,  ii^ithout  fee,  a  certificate  limited  to  a  state- 
ment as  to  the  date  of  birth  of  any  child  when  the  same  shall  be  neces- 
sary for  admission  to  school,  or  for  the  purpose  of  securing  employment; 
and  provided,  further,  that  the  United  States  census  bureau  may  obtain, 
w-ithout  expense  to  the  state,  transcripts  of  birtlis  and  deaths  wdthout 
]>aynH'nt  of  the  fees  herein  prescribed. 

(],)  Petition  to  court  to  establish  record.  Order  of  court.  Form.  If, 
111)011  such  search  it  shall  develop  that  for  any  cause  any  birth  or  death, 
or  marriage,  occurring  in  this  state  was  not  registered  in  conformity 
with  llic  provisions  of  law  in  effect  at  the  time  when  such  birth  or 
dentil  or  marriage  occurred  by  the  filing  of  the  certificate- therefor  with 
the  local  registrar  within  a  period  of  one  year  from  the  date  of  the 
event,  any  person  beneficially  interested  in  establishing  of  record  the 
tact  of  sueli  birth  or  dcatli  or  marriage  niaj'  petition  the  superior  court 
of  the  county  in  whicli  sucli  l)irth  or  deatli  or  marriage  is  alleged  to 
have  occurred  for  an  order  judicially  establishing  the  fact  of  such  birth 
or  death  orimarriage.  Sucli  petition  sliall  be  verified  and  shall  contain 
nil    the   diita    u'M-cssary   to   emible    llir    ((Miif.    upon    licnriiig  the   same,   to 


1§67  VITAL  STATISTICS.  Act  4302,  §  23 

determine  tlie  fact  of  such  birth  or  death  or  marriage  upon  the  proofs 
adduced  in  behalf  of  the  petitioner  at  the  hearing  thereof.  A  copy  of 
such  petition  shall  be  served  upon  the  local  registrar  of  vital  statistics, 
and  also  upon  the  district  attorney  of  the  county  in  which  such  birth 
or  death  or  marriage  is  alleged  to  have  occurred,  and  either  of  said 
officials  shall  have  the  right  in  his  discretion  to  appear  at  such  hearing 
and  oppose  the  making  of  such  order.  Such  hearing  shall  be  had  at 
such  time  as  the  court  may  appoint,  not  less  than  ten  days  subsequent 
to  the  date  of  filing  such  petition,  and  notice  thereof  must  be  given  by 
publication  for  the  same  time  and  in  the  same  manner  required  by  law 
to  be  given  prior  to  the  hearing  of  the  petition  for  the  admission  to 
probate  of  any  will,  or  the  issuance  of  letters  testamentary  or  of 
administration  thereon. 

If,  upon  such  hearing,  the  proofs  of  the  allegations  of  the  petition 
are  established,  to  the  satisfaction  of* the  court,  the  court  may  make 
an  order  determining  that  such  birth,  death  or  marriage  did  in  fact 
occur  in  such  county  and  at  the  time  shown  by  the  proofs  adduced  upon 
such  hearing. 

Such  order  must  be  made  in  the  form  and  upon  the  blank  prescribed 
and  furnished  by  the  state  registrar  and  but  one  birth,  death  or  mar- 
riage may  be  included  therein.  And  said  order  shall  become  effective 
upon  the  filing  of  a  certified  copy  thereof  with  the  local  registrar  of 
vital  statistics,  and  the  delivery  therewith  for  transmittal  to  the  state 
registrar  of  a  standard  certificate  containing  such  facts  and  signatures 
as  are  obtainable,  and  upon  the  filing  of  a  certified  eoj^y  of  said  order 
with  the  state  registrar.  [Amendment  approved  Maj^  18,  1917;  Stats. 
1917,  p.  726.] 

§  23.  Local  registrars  to  enforce  act.  Duty  of  state  registrar.  Under 
the  supervision  and  direction  of  the  state  registrar,  each  local  registrar 
is  hereby  charged  with  the  strict  and  thorough  enforcement  of  the  pro- 
visions of  this  act  in  his  registration  district.  He  shall  make  an  imme- 
diate report  to  the  state  registrar  of  any  violation  of  this  law  coming 
to  his  knowledge,  by  observation  or  upon  complaint  of  any  person,  or 
otherwise. 

The  state  registrar  is  hereby  charged  with  the  thorough  and  efficient 
execution  of  the  provisions  of  this  act  in  every  part  of  the  state,  and 
is  hereby  granted  supervisory  power  over  local  registrars,  deputy  local 
registrars,  and  subregistrars,  to  the  end  that  all  of  its  requirements  shall 
be  uniformly  complied  with.  The  state  registrar,  either  personally  or 
by  an  accredited  representative,  shall  have  authority  to  investigate  cases 
of  irregularity  or  violation  of  law.  When  the  state  board  of  health 
or  its  secretary  shall  deem  it  necessary,  it  or  he  shall  report  cases  of 
violation  of  any  of  the  provisions  of  this  act  to  the  prosecuting  attorney 
of  the  county,  with  a  statement  of  the  facts  and  circumstances;  and 
when  any  such  case  is  reported  to  him  by  the  state  board  of  health  or 
its  secretary,  the  prosecuting  attorney  shall  forthwith  initiate  and 
promptly  follow  up  the  necessary  court  proceedings  against  the  person 
or  corporation  responsible  for  the  alleged  violation  of  law.  And  upon 
request  of  the  state  board  of  health  or  its  secretary,  the  attorney  general 
shall  assist  in  the  enforcement  of  the  provisions  of  this  act.  [Amend- 
ment approved  May 'l8,   1917;  Stats.  1917,  p.  727.] 


Act  4314,  §§  1-4  GENERAL   LAWS.  1308 

TITLE  602a. 
WAR. 

ACT  4314. 

An  act  to  create  a  state  council  of  defense  to  make  investigatious  into 
the  effect  of  the  occurrence  of  war  upon,  the  civil  and  economical 
life  of  the  people  of  the  state  of  California;  to  recommend  to  the 
governor  measures  to  provide  for  the  public  security,  the  better  pro 
tectiou  of  public  health,  a  fuller  development  of  the  economic  re 
sources  of  the  state  and  the  encouragement  of  military  training 
to  impose  upon  public' officers  certain  duties  in  connection  herewith; 
and  to  make  aj^propriation  for  the  purposes  of  this  act. 

[Approved  March  29,  1917.     Stats.  1917,  p.  24.     In  effect  immediately.] 

§  1.  State  council  of  defense  created.  There  is  hereby  created  a 
council,  known  as  the  state  council  of  defense  to  consist  of  not  more 
than  thirty-three  members  who  shall  be  appointed  by  the  governor,  to 
serve  at  his  pleasure,  from  among  those  holding  public  office  under  the 
state  of  California,  from  among  the  personnel  of  the  army  and  navy  of 
the  United  States  and  other  branches  of  the  national  administration  with 
the  consent  of  federal  authority,  from  members  of  the  staff  of  the  Uni- 
versity of  California  and  from  qualified  citizens  of  the  state  and  nation. 

§  2.  Duties.  It  shall  be  the  duty  of  the  state  council  of  defense  at 
once  to  take  under  consideration  the  effects  of  the  occurrence  of  war 
upon  the  people  of  the  state  of  California;  to  consider  measures  for 
public  defense  and  security,  for  the  protection  of  routes  of  eommuuiea- 
tion,  for  the  betterment  and  protection  of  public  health,  for  the  public 
care  and  assistance  of  individuals  and  classes  upon  whom  the  hardships 
occasioned  by  war  would  fall  most  heavily,  for  the  fuller  development 
of  the  resources  of  the  state,  particularly  those  from  which  are  derived 
the  supplies  of  food  and  other  commodities  upon  which  the  conduct  of 
war  makes  especial  drain;  to  encourage  the  military  training  of  the 
citizens  of  the  state;  to  examine  into  measures  to  increase  the  public 
revenue  to  meet  war  demands  and  to  effect  the  elimination  of  waste  and 
extravagance;  and  to  consider  measures  to  be  taken  to  meet  the  exigen- 
cies of  all  situations  occasioned  by  war. 

§3.  Officers.  Tlic  governor  shall  be  ex-offieio  chairman  of  the  state 
council  of  defense.  He  shall  designate  the  vice  chairman,  and  shall 
appoint  an  executive  committee  and  such  subcommittees  as  he  shall 
deem  advisable.  He  shall  have  power  to  employ  such  assistance  and 
to  make  such  expenditures  as  he  may  deem  necessary  to  carry  out  the 
purposes  of  this  act.  He  may,  when  he  deems  it  expedient,  dissolve 
tlio  state  council  of  defense  or  cause  its  activities  to  be  suspended  or 
If'iriiinntfd. 

§4.  Compen.sation.  Mcinljcrs  of  the  state  council  of  defense  shall 
Bcrvc  vvjlliont  pay,  but  shall  be  reimbursed  for  their  actual  and  neces- 
«ary  expenses  incuni'd  in  Ihe  pcrfornmnce  of  their  duties  hereunder; 
provided,  however,   that    tlic   vice  chairman   shall   devote   his  entire   time 


l;i69  WATER  COMMISSIONERS.  Act  4340 

to  tbc  work  of  tho  state  council  of  defense  and  shall  receive  such  com- 
pensation as  the  go\ornor  may  determine. 

§5.  Headquarters.  The  headquarters  of  said  council  shall  be  in  the 
state  Capitol,  but  the  governor  may  establish  branch  offices  elsewhere 
and  may  call  meetings  to  be  held  at  such  times  and  places  as  he  may 
deem  expedient.  It  shall  be  the  duty  of  every  public  officer,  board,  or 
commission  of  the  state  of  California  to  render  to  the  governor  and 
to  the  state  council  of  defense,  at  the  request  of  the  governor,  all  pos- 
sible assistance  and  to  make  such  investigations  and  supply  such  data 
as  the  governor  may  at  any  time  require. 

§  6.  Appropriation.  The  sum  of  one  hundred  thousand  dollars  i^< 
hereby  appropriated  out  of  any  money  in  the  state  treasury  not  other- 
wise appropriated,  to  carry  out  the  purposes  of  this  act.  The  state  con- 
troller is  hereby  authorized  and  directed  to  draw  his  warrants  in  favor 
of  the  governor  from  time  to  time  in  such  sums  as  the  governor  may 
designate,  and  the  state  treasurer  is  hereby  authorized  and  directed  to 
pay  the  same.  This  appropriation  is  hereby  exempted  from  the  operation 
of  the  provisions  of  section  six  hundred  seventy-two  of  the  Political 
Code;  provided,  however,  that  no  liability  in  excess  of  one  hundred 
dollars  shall  be  incurred  without  the  approval  of  the  governor;  and  pro- 
vided, further,  that  the  state  council  of  defense  shall  submit  to  the 
legislature,  through  the  governor,  a  report  including  as  full  a  statement 
of  the  activities  of  the  council  as  is  consistent  with  the  public  interest, 
together  with  an  account  of  the  expenditures  made  by  the  council,  or 
authorized  bj'  it,  in  as  full  detail  as  the  public  interest  will  permit. 

§  7.  Urgency  measure.  Inasmuch  as  the  President  of  the  United 
States  has  called  the  congress  to  meet  in  special  session  to  consider 
measures  for  the  national  defense  and  has  summoned  the  national  guard 
of  the  state  of  California,  it  is  hereby  declared  that  this  act  is  necessary 
for  the  immediate  preservation  of  the  public  peace  and  safety,  and  that 
under  the  provisions  of  section  one  of  article  four  of  the  constitution  an 
urgency  exists,  and  this  act  shall  take  effect  immediately. 

TITLE  607. 

WATER  COMMISSIONERS. 
ACT  4340. 

An  act  to  regulate  the  use  of  water  which  is  subject  to  such  control  by 
the  state  of  California,  and  in  that  behalf  creating  a  state  water 
commission;  specifying  and  providing  for  the  appointment  of  the 
members  of  said  commissions;  fixing  the  terms  of  office  and  com- 
pensation of  the  members  of  said  commission;  fixing  the  powers, 
duties  and  authority  of  said  commission  and  its  members;  providing 
for  the  filling  of  vacancies  in  the  membership  of  said  commission; 
providing  for  the  removal  from  office  of  the  appointed  members  of 
said  commission;  providing  for  the  co-operation  of  courts  with  said 
commission;  providing  that  certain  courts  shall  take  judicial  notice 
of  certain  acts  of  the  state  water  commission;  specifying  the  duties 


Act  4340,  §§  15, 15a    general  laws.  1370 

of  all  persons  summoned  as  witnesses  before  said  commission  or  any 
of  its  members;  appropriating  money  for  carrying  out  the  provisions 
of  this  act;  providing  for  the  payment  of  the  indebtedness  and  ex- 
penses of  said  commission,  its  members  and  employees;  declaring 
what  water  is  unappropriated;  providing  for  the  utilization  of  water 
and  the  works  necessary  to  such  utilization  to  the  full  capacity  of 
streams  or  of  such  portion  or  portions  of  such  capacity  as  the  public 
good  may  require,  declaring  what  water  may  be  appropriated;  declar- 
ing that  the  nonapplieation  for  ten  consecutive  years  of  any  portion 
of  the  waters  of  any  stream  to  lands  riparian  to  such  stream  shall  be 
conclusive  presumption  that  the  use  of  such  nonapplied  water  is  not 
needed  on  said  riparian  lands  for  a  useful  or  beneficial  purpose; 
declaring  that  such  nonapplied  water  shall  be  deemed  to  be  in  the 
use  of  the  state  and  subject  to  appropriation;  declaring  the  duties 
of  those  who  desire  to  appropriate  water;  declaring  the  periods  for 
which  water  may  be  appropriated  and  the  conditions  under  which 
water  may  be  appropriated;  providing  for  the  payment  of  fees  and 
charges  by  the  applicants  for  permission  to  appropriate  water  and 
by  the  appropriators  of  water;  providing  for  the  ascertainment  and 
adjudication  of  water  rights;  providing  for  the  bringing  of  actions 
by  certain  persons,  or,  upon  the  direction  of  the  state  water  com- 
mission, by  the  attorney  general,  for  the  quieting  of  title  to  water 
rights;  specifying  certain  duties  of  the  claimants,  possessors  or  users 
of  water  or  water  rights;  declaring  water  rights  forfeited  under 
certain  conditions;  regulating  the  appropriation  of  water;  except- 
ing cities,  cities  and  counties,  municipal  water  districts,  irrigation 
districts  and  lighting  districts  from  certain  provisions  of  this  act; 
defining  certain  words  and  terms  used  in  this  act;  repealing  all  acts 
or  parts  of  acts  in  conflict  with  this  act;  declaring  how  this  act 
shall  be  known;  making  legislative  declaration  concerning  those 
parts  of  this  act  which  may  not  be  declared  unconstitutional. 

[Approved   June   16,   1913.     Stats.   1913,   p.   1012.] 
Amended  1917;  Stats.  1917,  pp.  194,  195,  231,  284,  746. 
The  amendments  of  1917  follow: 

§  15.  Use  of  unappropriated  water.  The  state  water  commission  shall 
allow,  under  the  provisions  of  this  act,  the  appropriation  for  beneficial 
purposes  of  unappropriated  water  unless,  in  the  opinion  of  the  said  com- 
mission, sucli  appropriation  would  be  detrimental  to  the  public  welfare. 
[Amendment   ai)proved   April   25,  1917;   Stats.   1917,  p.   191.] 

§  15a.  Appropriation  of  water  for  use  in  another  state.  The  state 
water  commission  shall  nllow  the  appropriation  of  water  in  this  state 
for  beneficial  use  in  another  state  only  when,  under  the  laws  of  the 
latter,  water  may  be  lawfully  diverted  therein  for  beneficial  use  in  the 
Htate  of  California.  Upon  any  stream  flowing  across  the  state  boundary 
a  right  of  appropriation  having  the  point  of  diversion  and  the  place  of 
use  in  another  state  and  recognized  by  tlie  laws  of  that  state,  shall  have 
the  same  force  and  efTect  as  if  the  point  of  diversion  and  the  place  of 
use   were   in   this  state;   provided,   tliat   the  laws  of   that  state  give  like 


1371  WATER  COMMISSIONERS.  Act  4340,  §  20 

force  and  effect  to  similar  rights  acquired  in  this  state;  provided,  that 
nothing  in  this  act  be  so  construed  as  to  apply  to  interstate  lakes,  or 
streams  flowing  in  or  out  of  such  lakes.  [iS'ew  section  added  May  7, 
1917;  Stats.  1917,  p.  284.] 

§20,  Terms  and  conditions  of  permits  and  licenses.  City,  etc.,  may 
purchase  works.  Determination  of  price.  Grounds  for  revoking  license. 
Findings  of  commission  prima  facie  correct.  Conditions  of  accepting 
permit.  Cities  first  in  right.  City  may  hecome  public  utility.  All  per- 
mits and  licenses  for  the  appropriation  of  water  shall  be  under  the 
terms  and  conditions  of  this  act,  and  shall  be  effective  for  such  time 
as  the  water  actually  appropriated  under  such  permits  and  licenses  shall 
actually  be  used  for  the  useful  and  beneficial  purpose  for  which  said 
water  was  appropriated,  but  no  longer;  and  every  such  permit  or  license 
shall  include  the  enumeration  of  conditions  therein  which  in  substance 
shall  include  all  of  the  provisions  of  this  section  and  likewise  the  state- 
ment that  any  appropriator  of  water,  to  whom  said  permit  or  license 
may  be  issued,  shall  take  the  same  subject  to  such  conditions  as  therein 
expressed;  provided,  that  at  any  time  after  the  expiration  of  twenty 
years  after  the  granting  of  a  license,  the  state  or  any  city,  city  and 
county,  municipal  water  district,  irrigation  district,  lighting  district, 
or  any  political  subdivision  of  the  state  shall  have  the  right  to  purchase 
the  works  and  property  occupied  and  used  under  said  license  and  the 
works  built  or  constructed  for  the  enjoyment  of  the  rights  granted  under 
said  license;  and  in  the  event  that  the  said  state,  city,  city  and  county, 
municipal  water  district,  irrigation  district,  lighting  district  or  political 
subdivision  of  the  state  so  desiring  to  purchase  and  the  said  owner  of 
said  works  and  property  cannot  agree  upon  said  purchase  price,  said 
price  shall  be  determined  in  such  manner  as  is  now  or  may  hereafter  be 
determined  in  eminent  domain  proceedings.  If  it  shall  appear  to  the 
state  water  commission  at  any  time  after  a  permit  or  license  is  issued  as 
in  this  act  provided  that  the  permittee,  or  licensee,  or  the  heirs,  succes- 
sors, or  assigns,  of  said  permittee  or  licensee,  has  not  put  the  water 
granted  under  said  permit  or  license  to  the  useful  or  beneficial  purpose 
for  which  the  permit  or  license  was  granted,  or  that  the  permittee  or 
licensee,  or  the  heirs,  successors,  or  assigns  of  said  permittee  or  licensee, 
has  ceased  to  put  said  water  to  such  useful  or  beneficial  purpose,  or  that 
the  permittee  or  licensee,  or  the  heirs,  successors  or  assigns  of  said  per- 
mittee or  licensee,  has  failed  to  observe  any  of  the  terms  and  conditions 
in  the  permit  or  license  as  issued,  then  and  in  that  case  the  said  com- 
mission, after  due  notice  to  the  permittee,  licensee,  or  the  heirs,  succes- 
sors or  assigns  of  such  permittee  or  licensee,  and  a  hearing  thereon,  may 
revoke  said  permit  or  license  and  declare  the  water  to  be  unappropri- 
ated and  open  to  further  appropriation  in  accordance  with  the  terms  of 
this  act.  The  findings  and  declaration  of  said  commission  shall  be 
deemed  to  be  prima  facie  correct  until  modified  or  set  aside  by  a  court 
of  competent  jurisdiction;  provided,  that  any  action  brought  so  to  modify 
or  set  aside  such  finding  or  declaration  must  be  commenced  within  thirty 
days  after  the  service  of  notice  of  said  revocation  on  said  permittee  or 
licensee,  his  heirs,  successors  or  assigns.     And  every  licensee  or  permittee 


Act  4340,  §  20a       general  laws.  1372 

under  the  provisions  of  this  act  if  he  accepts  such/permit  or  license  shall 
accept  the  same  under  the  conditions  precedent  that  no  value  whatso- 
ever in  excess  of  the  actual  amount  paid  to  the  state  therefor  shall  at 
any  time  be  assigned  to  or  claimed  for  any  permit  or  license  granted  or 
issued  under  the  provisions  of  this  act,  or  for  any  rights  granted  or  ac- 
quired under  the  provisions  of  this  act,  in  respect  to  the  regulation  by 
any  competent  public  authority  of  the  services  or  the  price  of  the  ser- 
vices to  be  rendered  by  any  permittee  or  licensee,  his  heirs,  successors  or 
assigns  or  by  the  holder  of  any  rights  granted  or  acquired  under  the  pro- 
visions of  this  act,  or  in  respect  to  any  valuation  for  purposes  of  sale  to 
or  purchase,  whether  through  condemnation  proceedings  or  otherwise,  by 
the  state  or  any  city,  city  and  county,  municipal  water  district,  irriga- 
tion district,  lighting  district  or  any  political  subdivision  of  the  state, 
of  the  rights  and  property  of  any  permittee  or  licensee,  or  the  possessor 
of  any  rights  granted,  issued,  or  acquired  under  the  provisions  of  this 
act.  The  application  for  a  permit  by  municipalities  for  the  use  of  water 
for  said  municipalities  or  the  inhabitants  thereof  for  domestic  purposes 
shall  be  considered  first  in  right,  irrespective  of  whether  they  are  first 
in  time;  provided,  however,  that  such  application  for  a  permit  or  the 
granting  thereafter  of  permission  to  any  municipality  to  appropriate 
waters,  shall  not  authorize  the  appropriation  of  any  water  for  other  than 
municipal  purposes;  and  providing,  further,  that  where  permission  to 
appropriate  is  granted  by  the  state  water  commission  to  any  municipality 
for  any  quantity  of  water  in  excess  of  the  existing  municipal  needs  there- 
for, that  pending  the  application  of  the  entire  appropriation  permitted, 
the  state  water  commission  shall  have  the  power  to  issue  permits  for  the 
temporary  appropriation  of  the  excess  of  such  permitted  appropriation 
over  and  above  the  quantity  being  applied  from  time  to  time  by  such 
municipality;  and  providing  further,  that  in  lieu  of  the  granting  of  such 
temporary  permits  for  appropriation,  the  state  water  commission  may 
authorize  such  municipality  to  become  as  to  such  surplus  a  public  utility, 
subject  to  the  jurisdiction  and  control  of  the  railroad  commission  of  the 
state  of  California  for  such  period  or  periods  from  and  after  the  date  of 
the  issuance  of  such  permission  to  appropriate,  as  may  be  allowed  for 
the  application  to  municipal  uses  of  the  entire  appropriation  permitted; 
and  provided,  further,  that  when  such  municipality  shall  desire  to  use 
the  additional  water  granted  in  its  said  application  it  may  do  so  upon 
making  just  compensation  for  the  facilities  for  taking,  conveying  and 
storing  such  additional  water  rendered  valueless  for  said  purposes,  to 
the  person,  firm  or  corporation  which  constructed  said  facilities  for  the 
temporary  use  of  said  excess  waters,  and  which  compensation,  if  not 
agreed  upon  between  the  municipality  and  said  person,  firm  or  corpora- 
tion, may  be  determined  in  the  manner  provided  by  law  for  determining 
the  value  of  property  taken  by  and  through  eminent  domain  proceedings. 
[.\mendment  approved  May  19,  1017;  Stats.  1917,  p.  74fi.] 

§  20a.  Water  not  used  for  three  years.  Wlien  the  ])arty  entitled  to  the 
use  of  water  fails  to  beneficially  use  all  or  any  part  of  the  water  claimed 
by  him,  for  wliicli  a  right  of  use  has  vested,  for  the  purpose  for  which 
it   was  aj)propriated    or  adjudicated,   for   a  period   of   three   year.s,   such 


1373  WATER  COMMISSIONERS.      Act  434(J,  gv5  23-26 

uuusod  water  shall  revert  to  the  public  and  shall  be  regarded  as  unappro- 
priated public  water.  [New  section  added  May  19,  19.17;  Stats.  1917, 
p.  746.] 

§23.  Fee.  For  electrical  power.  For  agricultural  purposes.  Every 
person,  firm,  association  or  corporation  making  application  for  a  permit 
to  approi>riate  water  or  the  use  of  water  under  this  act  shall  pay  to  the 
state  water  commission,  at  the  time  of  filing  said  application,  a  filing 
fee  in  the  sum  of  five  dollars,  and,  upon  the  issue  of  a  permit,  the  addi- 
tional fee,  if  the  purpose  or  use  is  for  the  generation  of  electricity  or 
electrical  or  other  power,  of  ten  cents  for  eacli  theoretical  horse-power 
capable  of  being  developed  by  the  works  up  to  and  including  one  hun- 
dred theoretical  horse-power,  of  five  ceuts  for  each  horse-power  in  excess 
of  one  hundred  theoretical  horse-power  up  to  and  including  one  thou- 
sand theoretical  horse-power,  and  of  oue  cent  for  each  theoretical  horse- 
power in  excess  of  one  thousand  theoretical  horse-power;  also,  if  for 
agricultural  purposes,  of  five  cents  for  each  acre  of  land  to  be  irrigated 
by  means  of  said  appropriation  to  and  including  one  hundred  acres,  of 
three  cents  per  acre  for  each  acre  in  excess  of  one  hundred  acres  up  to 
and  including  one  thousand  acres,  and  of  two  cents  for  each  acre  over 
one  thousand  acres.  All  fees  shall  forthwith  be  paid  into  the  state 
treasury  by  the  state  water  commission.  No  fee  shall  be  required  from 
any  person,  firm,  association,  or  corporation  exempt  by  any  law  of  the 
state  of  California  from  the  payment  of  such  fee.  [Amendment  approved 
April  25,  1917;  Stats.  1917,  p.  195.] 

§  24.  Water  commission  may  act  as  referee.  In  case  suit  is  brought 
in  the  superior  court  for  determination  of  rights  to  water  or  the  use  of 
water,  the  case  may,  in  the  discretion  of  the  court,  be  transferred  to 
the  state  water  commission  for  investigation,  as  referee.  [Amendment 
Approved  May  5,  1917;  Stats.  1917,  p.  231.] 

§  25.  Determination  of  water  rights  by  commission.  Upon  its  owni 
initiative  or  upon  petition  signed  by  one  or  more  claimants  to  water  or 
the  use  of  water  upon  any  stream,  stream  system,  lake,  or  other  body  of 
water,  all  of  which  sources  of  supply  are  hereinafter  referred  to  as 
"stream  system,"  requesting  the  determination  of  rights,  based  upon 
prior  appropriation,  of  the  various  claimants  to  the  water  of  that  stream 
system,  it  shall  be  the  duty  of  the  state  water  commission,  if,  upon  in- 
vestigation, it  finds  the  facts  and  conditions  are  such  as  to  justify,  to 
enter  an  order  granting  said  petition  and  to  make  proper  arrangements 
to  proceed  with  such  determination.  [Amendment  approved  May  5,  1917; 
Stats.  1917,  p.  2■^].] 

§  26.  Notice  of  order.  Publication.  As  soon  as  practicable  after  th(> 
state  water  commission  shall  make  and  enter  the  order  granting  the  said 
petition  or  selecting  the  stream  system  upon  which  the  determination  of 
water  rights  bj'  appropriation  is  to  begin,  it  shall  prepare  a  notice  setting 
forth  the  fact  of  the  entry  of  said  order  and  of  the  pendency  of  the 
said  proceedings,  the  date  when  the  state  water  commission  shall  begin 
eaid  examination,  and  that  all  claimants  to  rights  by  appropriation  of 


Act  4340,  §§  27-29  general  laws.  1374 

the  waters  of  said  stream  system  are  required,  as  in  this  act  provided, 
to  make  proof  of  their  claims.  The  notice  shall  be  published  for  a  period 
of  four  consecutive  weeks  in  one  or  more  newspapers  of  general  circula- 
tion published  in  each  county  in  which  any  part  of  said  stream  system 
is  situated.     [Amendment  approved  May  5,  1917;  Stats.  1917,  p.  231.] 

§  27.  Investigation  of  flow  of  stream  system,  etc.  Surveys  and  maps. 
At  the  time  set  in  said  notice,  the  state  water  commission  shall  begin 
an  investigation  of  the  flow  of  the  stream  system  and  of  the  conduits 
diverting  water,  and  of  the  lands  irrigated  or  irrigable  therefrom,  and 
shall  gather  such  other  data  and  information  as  may  be  essential  to  the 
proi^er  determination  of  the  water  rights  by  appropriation.  It  shall  re- 
duce its  observations,  data,  information  and  measurements  to  writing. 
It  shall  execute  surveys  and  shall  prej^are  maps  from  the  observations 
of  such  surveys  in  accordance  with  such  uniform  rules  and  regulations 
as  it  may  adopt;  which  surveys  and  maps  shall  show  with  substantial 
accuracy  the  course  of  the  stream  or  streams;  the  location  of  each  con- 
duit diverting  water  therefrom,  land  irrigated  and  capable  of  being  irri- 
gated by  each  conduit,  and  the  kind  of  culture  upon  the  irrigated  land. 
The  maps  shall  be  prepared  as  the  surveys  and  observations  progress, 
and,  when  completed,  it  shall  be  filed  and  made  of  record  in  the  office 
of  tTie  state  water  commission.  [Amendment  approved  May  5,  1917; 
Stats.  1917,  p.  232.] 

§  28.  Notice  of  time  for  filing  proofs.  Publication.  Upon  the  comple- 
tion of  such  measurements  and  maps,  and  the  filing  of  said  observations, 
data,  information  and  measurements,  the  state  water  commission  shall 
prepare  a  notice  setting  forth  the  date,  prior  to  which  the  proofs,  to  bo 
furnished  by  claimants  u^jon  forms  supplied  by  the  state  water  commis- 
sion and  more  specifically  referred  to  in  the  next  section  hereof,  as  to 
the  rights  by  appropriation  of  the  waters  of  said  stream  system,  shall 
be  filed;  provided,  however,  that  the  date  set,  prior  to  which  said  proofs 
must  be  filed,  shall  not  be  less  than  sixty  days  from  the  date  of  the  last 
publication  of  said  notice  as  hereinafter  provided.  The  notice  shall  be 
deemed  to  be  an  order  of  the  state  water  commission  as  to  its  contents, 
and  it  shall  be  published  by  the  state  water  commission  for  a  period  of 
four  consecutive  weeks  in  one  or  more  newspapers  of  general  circula- 
tion published  in  each  county  in  which  any  part  of  said  stream  system 
is  situated.  At  or  near  the  time  of  the  first  publication  of  said  notice 
it  shall  be  the  duty  of  the  state  water  commission  to  send  by  registered 
mail  to  each  claimant  to  rights  by  appropriation  of  the  waters  of  said 
stream  system,  in  so  far  as  such  claimant  can  be  reasouablj-  ascertained 
at  his  last  known  place  of  address,  a  notice  equivalent  in  terms  to  the 
said  publislied  notice.  [Amendment  approved  May  5,  1917;  Stats.  1917, 
p.  232. 

§29.  Forms  to  be  sent  claimant.  The  state  water  commission  shall, 
in  adilitioti,  inclose  with  tiic  notice  to  be  mailed  as  aforesaid,  blank 
forms,  jiroofs  oC  apjiropiialion,  ujjon  which  -said  claimant  shall  present 
iu  writing  all  particulars  necessary  for  the  determination  of  his  right  by 


1375  WATER  COMMISSIONERS.       Act  4340,  §$  30,  31 

appropriation  of  the  waters  of  said  stream  system,  the  said  statement  to 
include  the  following: 

(a)  The  name  and  postoffice  address  of  the  claimant. 

(b)  The  nature  of  the  right  or  use  on  which  the  claim  for  appropria- 
tion is  based. 

(c)  The  date  of  the  initiation  of  such  right  and  a  descri[)tion  of  works 
of  diversion  and  distribution. 

(d)  The  date  of  beginning  of  construction. 

(e)  The  date  when  completed. 

(f)  The  dates  of  beginning  and  completion  of  enlargements. 

(g)  The  dimensions  of  the  ditch  as  originally  constructed  and  enlarged. 

(h)  The  date  when  water  was  first  used  for  irrigation  or  other  bene- 
ficial purposes,  and  if  used  for  irrigation,  tlie  amount  of  land  irrigated 
the  first  year,  the  amount  in  subsequent  years,  with  the  dates  of  irriga- 
tion and  the  area  and  the  location  of  the  lands  which  are  intended  to 
be  irrigated. 

(i)  The  character  of  the  soil  and  the  kind  of  crops  cultivated,  and 
such  other  facts  as  will  show  the  extent  and  nature  of  the  right  and  a 
compliance  with  the  law  in  acquiring  the  same,  as  may  be  required  by 
the  state  water  commission.  Each  claimant  shall  be  required  to  certify 
to  his  statements,  under  oath.  [Amendment  approved  May  5,  1917; 
Stats.  1917,  p.  232.] 

§  30.  Determlnaticn  of  right  on  failure  to  make  proof.  After  the  date 
fixed  for  the  filing  of  proofs,  no  proofs  shall  be  received  or  filed  with 
the  state  water  commission;  provided,  however,  that  the  state  water 
commission  may,  for  cause  shown,  in  its  discretion,  extend  the  time  in 
which  proofs  may  be  filed.  Upon  neglect  or  refusal  of  any  person  to 
make  proof  of  his  claim  to  rights  by  appropriation  of  the  waters  of  such 
stream  system,  as  required  by  this  act,  prior  to  the  expiration  of  the 
period  fixed  by  the  state  water  commission,  during  which  proofs  may 
be  filed,  the  state  water  commission  shall  determine  the  right  by  appro- 
priation of  such  person  on  such  evidence  as  it  may  obtain  or  may  have 
on  file  in  its  office  in  the  way  of  maps,  plats,  survey's  and  transcripts; 
and  exceptions  to  such  determination  may  be  filed  in  court  as  herein- 
after provided.     [Amendment  approved  May  5,  1917;  Stats.  1917,  p.  233.] 

§  31.  Petition  to  intervene  in  proceedings.  Any  claimant  of  a  right 
by  appropriation  of  the  water  of  any  stream  system  upon  whom  no  ser- 
vice of  notice  shall  have  been  had  of  the  pendency  of  proceedings  for 
the  determination  of  the  rights  by  appropriation  of  the  waters  of  said 
stream  system,  and  who  shall  have  had  no  actual  knowledge  or  notice 
of  the  pendency  of  said  proceedings,  may  at  any  time  prior  to  the  expira- 
tion of  three  months  after  the  entry  of  the  determination  of  the  state 
water  commission,  as  provided  in  section  thirteen  of  this  act,  file  a  peti- 
tion to  intervene  in  said  proceedings.  Such  petition  shall  be  under  oath 
and  shall  contain,  among  other  things,  all  matters  required  by  this  act 
of  claimants  who  have  been  duly  served  with  notice  of  said  proceedings, 
and  also  a  statement  that  the  intervener  had  no  <  actual  knowledge  or 
notice  of  the  pendency  of  said  proceedings.  Upon  the  filing  of  said 
petition  in  intervention,  the  petitioner  shall  be  allowed  to  intervene  and 


Act  •4340,  §§  32-34  general  laws.  1376 

thereafter  shall  have  all  the  rights  and  be  subject  to  all  the  duties  of 
the  claimants  who  have  been  duly  served.  [Amendment  ajiproved  May 
5,  1917;  Stats.  1917,  p.  233.] 

§  32,  Fees  collected  from  claiinants.  At  the  time  of  submission  of 
proof  of  aiipropriation,  the  state  water  commission  shall  collect  from 
such  claimants,  on  the  basis  of  the  statements  in  the  proofs,  a  fee  of 
fifteen  cents  for  each  acre  of  irrigated  or  irrigable  lands  up  to  and  in- 
cluding one  hundred  acres,  ten  cents  for  each  acre  in  excess  of  one  hun- 
dred acres  and  up  to  and  including  one  thousand  acres,  and  five  cents  per 
acre  for  each  acre  in  excess  of  one  thousand  acres;  also  twenty-five  cents 
for  each  theoretical  horse-power  up  to  and  including  one  hundred  horse- 
power, fifteen  cents  for  each  theoretical  horse-power  in  excess  of  one 
hundred  horse-power  and  up  to  and  including  one  thousand  horse-power, 
and  five  cents  for  each  theoretical  horse-power  in  excess  of  one  thousand 
horse-power;  also  five  (5)  dollars  for  each  cubic  foot  per  second,  or 
fraction  thereof,  claimed  for  any  purpose  other  than  irrigation  or  power; 
the  minimum  fee,  however,  for  any  claimant  to  be  five  (5)  dollars.  All 
fees  charged  and  collected  under  this  section  shall  be  paid,  at  least 
once  each  month,  accompanied  by  a  detailed  statement  thereof,  into  the 
treasury  of  the  state.  [Amendment  approved  May  5,  1917;  Stats.  1917, 
P-234.] 

§  33.  Printed  abstract  of  proofs.  Inspection.  As  soon  as  practicable 
after  the  expiration  of  the  period  fixed  in  which  proofs  may  be  filed, 
the  state  water  commission  shall  assemble  all  proofs  which  have  been 
filed,  and  prepare  and  certify  an  abstract  of  all  of  the  said  proofs,  which 
shall  be  printed  in  the  state  printing  ofiice.  As  soon  as  practicable  the 
state  water  commission  shall  prepare  a  notice  fixing  and  setting  a  time 
and  place,  reasonably  convenient  to  the  claimants,  when  and  where  the 
evidence  taken  by  or  filed  with  it  shall  be  open  to  the  inspection  of  all 
interested  persons,  said  period  of  inspection  to  be  not  less  than  ten  (10) 
days,  which  notice  shall  be  deemed  to  be  an  order  of  the  state  water 
commission  as  to  the  matters  contained  therein.  A  copy  of  said  notice, 
together  with  a  printed  copy  of  the  said  abstract  of  proofs,  shall  be 
sent  by  registered  mail,  at  least  fifteen  (1.5)  days  prior  to  the  first  day 
of  such  period  of  inspection,  to  each  claimant  who  has  appeared  and 
filed  proof  as  herein  provided.  A  representative  of  the  state  water  com- 
mission shall  be  present  at  the  time  and  place  designated  in  said  notice, 
and  allow,  during  said  ])eriod,  any  person  interested  to  inspect  such 
evidence  and  proofs  as  have  been  filed  in  accordance  with  this  act. 
[Amendment  approved  May  .">,  1917;   Stats.    1917,  p.  2:\\.\ 

§  34.  Contest  of  statements  and  proofs  of  claims.  Should  any  claim- 
ant desire  to  cont(>st  any  of  tiio  statements  and  proofs  of  claims  filed 
with  the  state  water  commission  by  any  other  claimant  to  the  waters  of 
the  stream  system,  he  shall,  within  fifteen  (1.5)  days  after  said  evidence 
and  proofs  shall  have  been  opened  to  public  inspection,  or  within  such 
further  time  as  for  good  cause  shown  may  be  allowed  by  the  state  water 
rommission  upon  application  made  prior  to  the  expiration  of  said  fifteen 
(1.5)    days,   in   writing,  notify   the  state   water   commission,  stating  with 


1377  WATER  COMMISSIONERS.    Act  4340,  §§  ;35-86a 

reasonable  certainty  the  grounds  of  the  proposed  contest,  which  state- 
ment shall  be  verified  by  the  affidavit  of  the  contestant,  his  agent  or 
attorney.  The  statements  or  proofs  of  the  person  whose  rights  are  con- 
tested and  the  verified  statement  of  the  contestant  shall  be  deemed 
sufficient  to  constitute  a  proper  cause  for  such  contest.  [Amendment 
approved  May  5,  ]917;  Stats.  1917,  p.  234.] 

§35.  Hearing  of  contest.  Costs.  Within  ten  (10)  days  after  the  re- 
ceipt of  the  notice  of  contest  the  state  water  commission  shall  notify 
by  registered  mail  the  contestant  and  the  claimant  whose  rights  are  con- 
tested to  appear  before  it  at  a  time  and  place  specified  in  said  notice, 
and  that  at  said  time  and  place  said  contest  will  be  heard;  provided, 
that  said  time  shall  not  be  less  than  fifteen  (15)  days  nor  more  than 
sixy  (60)  days  from  the  date  of  the  mailing  of  the  notice  of  the  com- 
mission. The  state  water  commission  shall  have  power  to  adjourn  hear- 
ings of  contests  from  time  to  time  upon  reasonable  notice  to  all  parties 
in  interest,  and  to  issue  subpoenas  for  and  compel  the  attendance  of  wit- 
nesses to  testify  before  it  and  to  produce  papers,  books,  maps,  and  other 
documents.  The  costs  of  taking  testimony  at  a  hearing  shall  be  borne 
by  the  parties  thereto  as  follows:  each  party  shall  pay  for  the  direct 
examination  of  his  own  witness  and  the  cross-examination  of  opponent's 
witness  and  shall  share  equally  for  that  part  of  the  examination  directed 
by  the  representative  of  the  commission.  One  copy  of  the  transcript  of 
testimony  taken  at  the  hearing  shall  be  furnished  to  the  commission  and 
the  cost  thereof  borne  equally  by  the  parties.  [Amendment  approved 
May  5,  1917;  Stats.  1917,  p.  235.]^ 

§  56.  Order  of  detennination.  As  soon  as  practicable  after  the  hear- 
ing of  contests,  it  shall  be  the  duty  of  the  state  water  commission  to 
make,  and  cause  to  be  entered  of  record  in  its  office,  an  order  determin- 
ing and  establishing  the  several  rights  hj  appropriation  of  the  waters 
of  said  stream;  provided,  however,  that  within  sixty  (60)  days  after  the 
entry  of  an  order  establishing  water  rights,  the  state  water  commission 
may,  for  good  cause  shown,  reopen  the  proceedings  and  grant  a  rehear- 
ing. Such  order  and  determination  shall  be  prepared,  and  after  certifi- 
cation by  the  state  water  commission,  printed  in  the  state  printing  office. 
A  copy  of  said  order  of  determination  shall  be  sent  by  registered  mail 
to  each  person  who  has  filed  proof  of  claim,  and  to  each  person  who  has 
become  interested  through  intervention  or  as  a  contestant  under  the  pro- 
visions of  section  eight  or  section  eleven  of  this  act.  [Amendment  ap- 
proved May  5,  1917;  Stats.  1917,  p.  235.] 

§  36a.  Filing  of  order,  etc.,  with  clerk  of  superior  court.  Order  set- 
ting time  for  hearing.  As  soon  as  practicable,  after  the  entry  of  the 
order  of  determination,  a  certified  copy  thereof,  together  with  the  origi- 
nal evidence  and  transcript  of  testimony  filed  with,  or  taken  before  the 
state  water  commission,  as  aforesaid,  duly  certified  by  it,  shall  be  filed 
with  the  clerk  of  the  superior  court  of  the  county  in  which  said  stream 
system,  or  any  part  thereof,  is  situated.  Upon  the  filing  of  the  certified 
copy  of  said  order,  evidence,  and  transcript  with  the  clerk  of  the  court 
in  which  the  proceedings  are  to  be  had,  the  state  water  commission  shall 
S7 


Act  4340,  §§  36b,  36c    general  laws.  1378 

procure  an  order  from  said  court  setting  a  time  for  hearing.  Tlie  clerk, 
of  such  court  shall  immediately  furnish  the  state  water  commission  with 
a  certified  copy  of  said  order.  It  shall  be  the  duty  of  the  state  water 
commission  immediately  thereupon  to  mail  a  copy  of  such  certified  order 
of  the  court,  by  registered  mail,  addressed  to  each  known  party  in  in- 
terest at  his  last  known  place  of  residence,  and  to  cause  the  same  to  be 
published  at  least  once  a  week  for  four  consecutive  weeks  in  some  news- 
paper of  general  circulation  published  in  each  county  in  which  such 
stream  system  or  any  part  thereof  is  located,  and  the  state  water  com- 
mission shall  file  with  the  clerk  of  the  court  proof  of  such  service  by 
registered  mail  and  by  publication.  Such  service  by  registered  mail  and 
by  publication  shall  be  deemed  full  and  sufficient  notice  to  all  parties 
in  interest  of  the  date  and  purpose  of  such  hearing.  [New  section  added 
May  5,  1917;  Stats.  1917,  p.  236.] 

§  36b.  Filing  of  notice  of  exceptions.  Decree  affirming  order.  Hear- 
ing of  exceptions.  When  state  a  party.  At  least  ten  days  prior  to  the 
day  set  for  hearing,  all  parties  in  interest  who  are  aggrieved  or  dissatis- 
fied with  the  order  of  determination  of  the  state  water  commission  shall 
tile  with  the  clerk  of  said  court  notice  of  exceptions  to  the  order  of 
determination  of  the  state  water  commission,  which  notice  shall  state 
briefly  the  exceptions  taken,  the  reasons  therefor,  and  the  prayer  for 
relief,  and  a  copy  thereof  shall  be  transmitted  by  registered  mail  at 
least  ten  (10)  days  prior  to  such  hearing,  to  the  state  water  commission 
and  to  each  claimant,  who  was  an  adverse  party  to  any  contest  wherein 
such  exceptor  was  a  party  in  the  proceedings.  The  order  of  determina- 
tion by  the  state  water  commission  and  the  statements  or  claim*  of 
claimants  and  excejitions  made  to  the  order  of  determination  shall 
constitute  the  pleadings  but  the  court  may  allow  such  additional  or 
amended  pleadings  as  may  be  necessary  to  a  final  determination  of  the 
proceeding.  If  no  exceptions  shall  have  been  filed  with  the  clerk  of  the 
court  as  aforesaid,  then  on  the  day  set  for  the  hearing,  on  motion  of 
the  state  water  commission,  or  its  attorney,  the  court  shall  enter  a  decree 
affirming  said  order  of  determination.  On  the  day  set  for  hearing  all 
parties  in  interest  who  have  filed  notices  of  exceptions  as  aforesaid  shall 
appear  in  person,  or  by  counsel,  and  it  shall  be  the  duty  of  the  court  to 
hear  the  same  or  set  the  time  for  hearing,  until  such  exceptions  are  dis- 
jiosed  of,  and  all  proceedings  thereunder  shall  be  as  nearly  as  may  be 
ill  accordance  with  the  rules  governing  civil  actions.  Whenever  in  the 
Judgment  of  the  court  the  state  is  a  necessary  party  to  the  action,  the 
court  shall  make  an  order  to  that  effect  and  thereupon  a  copy  of  all 
pleadings  and  proceedings  on  file  with  the  court  in  said  matter  shall  be 
served  upon  the  attorney  general  who  shall  represent  the  state  therein. 
rXew  section  added  May  5,  1917;  Stats.  1917,  p.  236.] 

§  36c.  Decree  determining  right  of  all  persons  involved.  Appeals, 
For  further  iuformafion  on  any  subject  in  controversy,  the  court  may 
•  ■uijiloy  one  or  more  (|ti;ilifii'il  persons  to  investigate  and  report  thereon 
under  oath,  subject  to  examination  by  any  party  in  interest  as  to  his 
•■(impetoncy  to  give  expert  testimony  thereon.  The  court  may  take  addi- 
lioiial  evidence  on  any  issue  and  ni;iy,  if  necessary,  refer  the  case  for 


1379  WATER  COMMISSIONERS.     Act  434:0,  §§  36d-36f 

such  further  cvidcuce  to  be  taken  by  the  state  water  commission  as  it 
Tuay  direct,  and  may  require  a  further  determination  by  it.  After  the 
liearing,  the  court  shall  cuter  a  decree  determining  the  right  of  all  per- 
sons involved  in  such  proceeding.  Said  decree  shall  in  every  case  de- 
clare as  to  the  water  right  by  appropriation  adjudged  to  each  party, 
the  extent,  priority,  amount,  purpose  of  use,  point  of  diversion,  and  place 
of  use  of  said  water;  and  as  to  water  used  for  irrigation,  such  decree 
shall  also  declare  the  specific  tracts  of  land  to  which  it  shall  be  appur- 
tenant, together  with  such  other  conditions  as  may  be  necessary  to  define 
the  right  and  its  priority.  Upon  the  hearing  the  court  may  assess  and 
adjudge  against  any  party  such  costs  as  it  may  deem  just.  Appeals  from 
such  decree  may  be  taken  to  the  supreme  court  by  the  state  water  com- 
mission or  any  party  in  interest,  in  the  same  manner  and  with  the  same 
effect  as  in  civil  cases.  [New  section  added  May  5,  1917;  Stats.  1917, 
p.  236.] 

§  36d.  Decree  filed  with  county  recorder.  Certificate  to  claimant.  A 
certified  copy  of  the  decree  of  the  superior  court  shall  be  prepared  by 
the  clerk  thereof,  without  charge,  and  filed  for  record  in  the  office  of 
the  county  recorder  of  each  county  in  which  any  part  of  the  stream  sys- 
tem is  situated  and  also  in  the  office  of  the  state  water  commission.  It 
shall  be  the  duty  of  the  state  water  commission  to  issue  to  each  claimant 
represented  in  such  determination  a  certificate  to  be  signed  by  the  presi- 
dent of  the  state  water  commission,  and  attested  under  seal  of  the  secre- 
tary of  said  commission,  setting  forth  the  name  and  postoffice  address 
of  the  owner  of  the  right;  the  priority  of  the  date,  extent  and  purpose 
of  such  right;  and,  if  such  water  be  for  irrigation  purposes,  a  description 
of  the  legal  subdivisions  of  land  to  which  said  water  is  appurtenant. 
[New  section  added  May  5,  1917;  Stats.  1917,  p.  236.] 

§  36e.  Claimant  failing  to  appear  forfeits  rights.  Whenever  proceed- 
ings shall  be  instituted  for  the  determination  of  rights  by  appropriation 
of  water,  it  shall  be  the  duty  of  all  claimants  interested  therein  and 
having  notice  thereof  as  in  this  act  provided,  to  appear  and  submit  proof 
of  their  respective  claims  at  the  time  and  in  the  manner  required  by 
law;  and  any  such  claimant  who  shall  fail  to  appear  in  such  proceedings 
and  submit  proof  of  his  claim  shall  be  barred  and  estopped  from  sub- 
sequently asserting  any  rights  theretofore  acquired  upon  the  stream  sys- 
tem, embraced  in  such  proceedings,  and  shall  be  held  to  have  forfeited 
all  rights  by  appropriation  to  said  water  theretofore  claimed  by  him  on 
such  stream  system,  unless  entitled  to  relief  under  the  laws  of  this  stat:-; 
provided,  that  such  proceedings  shall  result  in  a  determination  by  the 
state  water  commission  and  a  decree  by  the  superior  court  determining 
the  rights  on  such  stream.  Such  decree  shall  be  conclusive  as  to  the 
rights  by  appropriation  of  all  existing  claimants  upon  the  stream  system 
lawfully  embraced  in  the  determination.  [New  section  added  May  5, 
1917;  Stats.  1917,  p.  236.] 

§  36f.  Determination  of  rights  initiated  prior  to  December  19,  191i. 
Review  of  findings.  The  state  water  commission  shall  have  authority 
and  power  in  making  a  determination  as  to  the  rights  by  appropriation 


Act  4348b  GENERAL    LAWS.  1380 

of  the  waters  of  any  stream  system,  to  fix  a  time  limit  for  the  comple- 
tion of  all  appropriations  of  water  from  such  stream,  where  such  rights 
of  appropriations  were  initiated  prior  to  December  19,  1914,  and  since 
prosecuted  with  reasonable  diligence,  and  such  appropriators  having  been 
duly  notified  as  provided  in  this  act,  must  appear  and  submit  their  proofs 
of  claim,  in  accordance  with  section  twenty-eight  of  this  act,  or  they 
shall  be  deemed  and  held  to  be  in  default,  and  to  have  abandoned  or  to 
have  no  right,  title  or  interest  in  or  to  the  waters  of  such  stream.  In 
determining  rights  of  such  appropriators,  the  state  water  commission 
shall  prescribe  such  a  reasonable  time  for  the  completion  of  such  appro- 
priations, and  the  application  of  the  water  appropriated  to  a  beneficial 
use,  as  will  enable  such  appropriators  acting  in  good  faith  and  with  due 
diligence  to  complete  the  same.  The  findings  of  the  state  water  com- 
mission shall  provide  for  the  submission  of  proof  or  evidence  as  to  the 
completion  of  such  appropriation  and  the  amount  of  water  actually  ap- 
plied to  beneficial  use  upon  the  expiration  of  such  time  limit,  and  shall, 
in  accordance  with  such  proof,  enter  supplemental  findings,  establishing 
and  determining  such  rights  of  appropriation,  in  so  far  as  the  same  shall 
have  been  completed;  and  certificates  of  water  right  shall  be  issued  in 
accordance  with  such  supplemental  findings  and  order  of  determination 
of  said  commission;  but  this  section  shall  not  be  construed  to  confer 
any  rights  of  appropriation  upon  parties  who  shall  have  abandoned  their 
said  appropriations  or  failed  to  use  due  diligence  in  the  application  of 
the  water  to  a  beneficial  use  and  in  the  completion  of  their  appropria- 
tions; and  all  such  appropriators,  who  shall  fail  to  complete  their  said 
appropriations  within  the  limit  of  time  fixed  by  the  state  water  com- 
mission in  said  findings,  or  such  further  time  granted  upon  application 
made  prior  to  the  expiration  of  such  time  limit,  as  the  state  water  com- 
mission shall  find  equitable  and  just,  shall  be  deemed  to  have  abandoned 
their  rights  of  appropriation,  and  rights  acquired  by  virtue  thereof 
w^aived,  and  such  appropriators  shall  be  deemed  and  held  to  have  no 
right,  title  or  interest  in  or  to  the  waters  of  such  stream  by  virtue  of 
their  said  appropriations.  The  findings  and  determination  of  the  state 
water  commission  made  under  the  provisions  of  this  section  may  be  re- 
viewed in  the  manner  prescribed  by  section  thirty-six  b  of  this  act. 
[New  section  added  May  5,  1917;  Stats.  1917,  p.  236.] 

TITLE  608. 
WATER  COMPANIES. 

ACT  4348b. 

An  act  to  prevent  the  su|i[)ly  of  water  dangerous  to  henlth  for  domestic 
purposes  and  to  provide  for  the  installation  of  sanitary  water 
systems. 

lAppri.vcd  .June  l.'!,  lOi:!.     Stats.  ^9]^^,  p.  79:^.  | 
Amended  1915,  p.  1282;  1917,  p.  L-()2. 
The  nTncndiiient  of  1917  follows: 

§1.     Unlawful    to    supply    polluted    water,     it    sIimI!    be    unlawful    for 
any  person,  firni,  coi  poraf  ion,  imblic  utility,  municipality  or  other  public 


1381  WATER  COMPANIES.  Act  43481),  §  2 

body  or  institution  to  furnish  or  supply  or  to  continue  to  furuisli  or 
supply  water  used  or  intended  to  be  used  for  human  consumjjtion  or  for 
domestic  uses  or  purposes  which  is  impure,  unwholesome,  unpotable,  pol- 
luted, or  dangerous  to  health,  to  any  person  in  any  county,  city  and 
county,  municipal  corporation,  village,  district,  community,  hotel,  tem- 
porary or  permanent  resort,  institution  or  industrial  camjj.  [Amendment 
approved  June  1,  1917;  Stats.  1917,  p.  1562.] 

§  2.  Persons  desiring  to  furnish  water  to  file  petition.  Investigation 
of  works.  Exemption.  Hearing.  Whenever  any  person,  firm,  corpora- 
tion, public  utility,  municipality  or  other  public  body  or  institution  shall 
desire  to  furnish  or  supply  or  to  continue  to  furnish  or  supply  water  for 
domestic  uses  or  purposes  to  any  person  in  any  county,  city  and  county, 
municipal  corporation,  village,  district,  community,  hotel,  temporary  or 
permanent  resort,  institution  or  industrial  camp,  or  shall  desire  to  in- 
stall, add  to,  modify  or  alter  any  of  the  plant,  works,  system  or  sources 
of  supply,  it  or  he  shall  file  as  herein  provided  with  the  state  board  of 
health  a  petition  for  permission  so  to  do,  together  with  conij^lete  plans 
and  sx^ecificatipns  and  a  statement  containing  a  general  description  and 
history  of  the  existing  or  proposed  water  supply  system  of  proposed 
changes  therein  showing  the  geographical  location  thereof  with  relation 
to  the  source  of  the  water  supply  and  all  the  sanitary  and  health  condi- 
tions surrounding  and  affecting  said  supply  and  the  works,  system  and 
plant,  such  plans,  specifications  and  general  statement  to  be  in  such  form 
and  to  cover  such  matters  as  the  state  board  of  health  shall  prescribe. 
Thereupon  a  thorough  investigation  of  the  proposed  or  existing  works, 
system,  plant,  water  supply  and  all  other  circumstances  and  conditions 
by  it  deemed  to  be  material  must  be  made  by  the  state  board  of  health; 
and  provided,  however,  that  no  person,  firm  or  corporation  supplying 
water  for  domestic  purposes  or  use  on  his  or  its  private  property  upon 
which  there  is  no  industrial  camp,  hotel,  temporary  or  permanent  resort 
using  said  water,  or  supplying  less  than  two  hundred  service  connections, 
shall  be  required  to  apply  for  a  permit  under  the  provisions  of  this  sec- 
tion, except  upon  formal  complaint  filed  with  the  state  board  of  health. 

As  a  part  of  such  investigation,  and  after  ten  days'  notice  by  mail 
to  the  petitioner,  a  hearing  or  hearings  may  be  had  before  said  board 
or  an  examiner  appointed  by  it  for  the  purpose.  At  such  hearing  or 
hearings  witnesses  who  testify  shall  be  sworn  by  the  person  conducting 
the  hearing,  and  evidence,  oral  and  documentary,  may  be  received,  a 
record  of  which  shall  be  made  and  filed  with  said  board.  Upon  the  com- 
pletion of  such  investigation,  said  board: 

(a)  "When  petition  shall  he  denied.  Appointment  of  person  to  take 
charge  of  plant.  Temporary  permit.  If  it  shall  determine,  as  a  fact, 
that  the  water  being  furnished  or  to  be  furnished  or  supplied  is  such 
that  under  all  the  circumstances  and  conditions  it  is  impure,  unwhole- 
some or  unpotable,  or  may  constitute  a  menace  or  danger  to  the  health 
or  lives  of  human  beings,  or  that  under  all  the  circumstances  and  con- 
ditions the  existing  or  proposed  works,  system,  plant  or. water  supply, 
or  proposed  modifications  therein,  are  unhealthful  or  insanitary,  or  not 
suited  to  the  production  and  delivery  of  healthful,  pure  and  wholesome 


Act  43-i8b,  §  2  GENERAL   LAWS.  1382 

water  at  all  times,  it  shall  deuy  the  prayer  of  such  petitioner,  and  said 
board  shall  order  the  petitioner  to  make  such  changes  as  it  deems  neces- 
sary to  secure  a  continuous  supply  of  pure,  wholesome,  potable  and  health- 
ful water.  Said  board  may  order  the  appointing  of  a  competent  person, 
to  be  approved  by  the  state  board  of  health  and  paid  by  said  petitioner, 
who  shall  take  charge  of  and  operate  such  plant  or  system  so  as  to  secure 
the  results  demanded  by  the  state  board  of  health;  and  it  may  order 
such  repair,  alteration  or  addition  to  the  existing  system,  plant  and  works 
that  the  water  furnished  or  supplied  shall  at  all  times  be  pure,  whole- 
some, potable  and  shall  not  endanger  the  lives  or  health  of  human  beings; 
and  said  board  may  order  such  changes  of  source  of  the  water  supply 
or  installation  of  purification  and  refining  works  and  such  other  meas- 
ures as  shall  insure  a  continuous  supply  of  pure,  wholesome  and  potable 
water  which  shall  not  endanger  the  lives  and  health  of  human  beings; 
which  orders  shall  designate  the  period  within  which  the  required  changes 
are  to  be  made;  provided,-  however,  that  a  temporary  permit  may  be 
issued  by  the  state  board  of  health  for  said  period  to  permit  the  peti- 
tioner to  comply  with  such  order  or  orders. 

(b)  When  petition  shall  be  granted.  Perniits  revocable.  Keport  may 
be  required.  Persons  without  permit  may  be  enjoined.  Public  nuisance. 
Penalty  for  violation.  If  it  shall  determine,  as  a  fact,  that  the  water 
being  furnished  or  supplied  to  such  human  beings  is  such,  that  under 
all  the  circumstances  and  conditions,  it  is  pure,  wholesome  and  potable 
and  does  not  endanger  the  lives  or  health  of  human  beings,  it  shall  grant 
to  petitioner  a  permit  authorizing  petitioner  to  furnish  or  continue  to 
furnish  or  supply  such  water  to  such  human  beings;  provided,  however, 
that  all  permits  issued  hereunder  shall  be  revocable  or  subject  to  sus- 
pension by  said  board  at  any  time  that  it  shall  determine,  as  a  fact, 
that  the  water  being  supplied  or  furnished  is  or  may  become  impure, 
unwholesome  or  unpotable  or  does  or  will  endanger  the  lives  or  health 
of  human  beings.  The  state  board  of  health  and  its  inspectors  shall  at 
any  and  all  reasonable  times  have  full  power  and  authority  to,  and  shall 
be  permitted  to,  enter  into  and  upon  any  and  all  places,  property,  in- 
elosures  and  structures  for  the  purpose  of  making  and  to  make  examina- 
tions and  investigations  to  determine  whether  any  provision  of  this  act 
is  being  violated.  The  holder  of  any  permit  granted  by  said  board  under 
the  provisions  of  this  act  may  at  any  time  by  order  of  said  board  be 
required  to  furnish  to  said  board,  upon  demand,  a  complete  report  upon 
the  condition  and  operation  of  the  water  supply,  plant,  works  or  system 
owned,  operated  or  controlled  by  it,  which  report  shall  be  made  by  some 
competent  person  designated  for  the  purpose  by  said  board,  and  at  the 
sole  cost  and  expense  of  the  holder  of  the  permit.  Any  person,  firm, 
corporation,  public  utility,  municipality  or  other  public  body  or  institu- 
tion who  shall  furnish  or  supply  or  continue  to  furnish  or  supply  water 
used  or  intended  to  be  used  for  liuman  consumption  or  for  domestic  uses 
or  purposes,  or  shall  install  additions  to,  modifications  or  alterations  in, 
any  of  the  existing  plant,  works,  system,  or  sources  of  supply  without 
liaving  an  unrevoked  permit  from  the  state  board  of  health  so  to  do,  as 
in  this  act  provided,  may  be  enjoined  from  so  cToing  by  any  court  of 
competent  jurisdiffion,  at  tlir  suit  of  any  person  or  persons,  firm,  corpo- 


1383  WATER  DISTRICTS.  Act  4349 

ration,  municipal  or  other  j^ublic  eorporation  whose  supply  of  wator  for 
human  consumption  or  for  domestic  uses  or  purposes  is  taken,  or  received 
from,  or  supplied  or  furnished  by  any  such  water  furnishing  or  distribut- 
ing person,  firm,  corporation,  public  utility  or  municipality  or  other  pub- 
lic body  or  institution,  or  it  or  he  may  be  enjoined  at  the  suit  of  the 
state  board  of  health  in  the  same  manner.  Anything  done,  maintained 
or  suffered  in  violation  of  any  of  the  provisions  of  this  act  shall  be 
deemed  to  be  a  public  nuisance  dangerous  to  health  and  may  be  sum- 
marily abated  in  the  manner  provided  by  law  and  it  shall  be  the  duty 
of  all  and  every  public  officer  or  officers,  body  or  bodies  lawfully  em- 
powered so  to  do  to  immediately  abate  the  same. 

Every  person,  firm,  corporation,  public  utility,  municipality,  or  other 
public  body  or  institution,  or  officer,  employee  or  agent  thereof  upon 
whom  the  duty  to  act  is  cast,  and  every  person  who  shall  violate  any 
provision  or  part  thereof  of  this  act,  or  who  shall  fail  to  obey,  observe 
or  comply  with  any  direction,  order,  requirement  or  demand  or  any  part 
or  provision  thereof  of  the  state  board  of  health,  or  who  procures,  aids, 
or  abets  any  such  person,  firm,  corporation,  public  utility,  municipality, 
or  other  public  body  or  institution,  or  officer  or  employee  or  agent  thereof, 
in  any  failure  to  obey  or  comply  with  the  provisions  of  this  act  or  the 
orders  of  the  state  board  of  health  as  provided  in  this  act,  shall  become 
liable  for  and  forfeit  to  the  state  of  California  the  penal  sum  of  not 
more  than  one  thousand  dollars  for  each  separate  offense.  The  continued 
existence  of  any  violation  of  this  act  for  each  and  every  day  beyond  the 
time  stipulated  for  compliance  with  any  of  its  provisions  or  of  any  order 
of  the  state  board  of  health  as  provided  herein  shall  constitute  a  sep- 
arate and  distinct  offense.  All  penalties  are  to  be  recovered  by  the  state 
in  civil  action  brought  by  the  state  of  California  and  such  penalties 
when  collected  shall  be  paid  into  the  general  fund  of  the  state  treasury. 

Every  officer,  agent  or  employee  of  any  person,  firm,  corporation,  public 
utility,  municipality,  or  other  public  body  or  institution  or  person  who 
shal'l  violate  or  fail  to  comply  with  any  of  the  provisions  of  this  act  or 
the  order  of  the  state  board  of  health  or  any  part  thereof,  or  who  pro- 
cures, aids  or  abets  in  any  failure  to  observe  and  comply  with  any  such 
provision,  order,  or  part  thereof,  is  guilty  of  a  misdemeanor  and  is  pun- 
ishable by  a  fine  not  exceeding  one  thousand  dollars  or  by  imprisonment 
in  the  county  jail  not  exceeding  one  year  or  by  both  such  fine  or  im- 
prisonment, for  each  offense.  Each  day's  violation  of  this  provision  shall 
constitute  a  separate  and  distinct  offense. 

TITLE  609. 

WATER  DISTRICTS. 

ACT  4349. 

An  act  to  provide  for  the  incorporation  and  organization  and  manage- 
ment of  county  water  districts,  and  to  provide  for  the  acquisition 
of  water  rights  or  construction  thereby  of  waterworks  and  for  the 
acquisition  of  all  property  necessary  therefor,  and  also  to  provide 
for  the  distribution  and  sale  of  water  by  said  districts. 

[Approved  June  10,  1913.     Stats.  1913.  p.  1049.] 

Amended  1915,  p.  26;  1917,  p.  225. 


Act  4349,  §  28  general  laws.  1384 

§  28.  Exclusion  of  territory.  Petition.  Contents.  Duties  of  secre- 
tary. Hearing.  Order  excluding  lands.  Directors  may  institute  pro- 
ceedings for  exclusion.  Hearing.  Referendum.  Any  tenituiyj  iucluded 
within  any  county  water  district  formed  under  the  provisions  of  this  act, 
and  not  benefited  in  any  manner  by  such  district,  or  its  continued  inclu- 
sion therein,  may  be  excluded  therefrom  by  order  of  the  board  of  direc- 
tors of  such  district  upon  the  verified  petition  of  the  owner  or  owners 
in  fee  of  lands  whose  assessed  value,  with  improvements,  is  in  excess  of 
one-half  of  the  assessed  value  of  all  the  lands,  with  improvements,  held 
in  private  ownership  in  such  territory.  Said  j^etition  shall  describe  the 
territory  sought  to  be  excluded  and  shall  set  forth  that  such  territory 
is  not  benefited  in  any  manner  by  said  county  water  district  or  its  con- 
tinued inclusion  therein,  and  shall  pray  that  such  territory  may  be  ex- 
cluded and  taken  from  said  district.  Such  petition  shall  be  filed  with 
the  secretary  of  the  water  district  and  shall  be  accompanied  by  a  deposit 
with  such  secretary  of  the  sum  of  one  hundred  dollars,  to  meet  the  ex- 
penses of  advertising  and  other  costs  incident  to  the  proceedings  for  the 
exclusion  of  such  territory,  including  the  cost  of  recording  a  certified 
copy  of  the  order  hereinafter  provided  for,  any  unconsumed  balance  to 
be  returned  to  the  petitioner.  Upon  the  filing  of  such  petition  with  the 
secretary  of  the  water  district  he  shall  call  a  meeting  of  the  board  of 
directors  of  the  district  at  a  time  not  less  than  twenty-five  days  nor 
more  than  fifty  days  after  the  filing  of  the  petition  and  cause  a  notice 
of  the  filing  of  such  petition  to  be  published  for  at  least  two  weeks  in 
some  newspaper  of  general  circulation  within  said  district,  if  there  be 
one,  and  if  not,  in  some  newspaper  of  general  circulation  published  in 
the  county  in  which  the  district  is  situated.  Such  notice  shall  also  state 
the  date  of  the  filing  of  such  petition  and  that  the  same  will  come  on 
for  hearing  before  the  board  of  directors  of  the  district  and  shall  state 
the  time  of  the  hearing  and  the  place  thereof,  which  shall  be  the  regular 
meeting  place  of  the  board  of  directors  of  the  district;  provided,  that 
the  board  may  adjourn  the  hearing  to  a  more  convenient  meeting  place 
within  the  district.  Any  land  owner  or  taxpayer  within  the  district 
shall  have  the  right  to  appear  at  said  hearing,  either  in  behalf  of  or  in 
opposition  to  the  granting  of  said  petition.  Said  petition  shall  come  on 
for  hearing  before  the  board  of  directors  of  the  district  at  the  time  and 
place  specified  in  the  notice  of  hearing.  If  upon  such  hearing  the  board 
of  directors  determines  that  it  is  for  the  best  interests  of  the  district 
that  the  lands  mentioned  in  tlie  petition,  or  some  portion  thereof,  be 
excluded  from  the  district,  or  if  it  appears  that  such  lands,  or  some  por- 
tion thereof,  will  not  be  benefited  by  their  continued  inclusion  in  the 
district,  then  the  board  of  directors  shall  make  an  order  that  such  lands, 
or  such  portion  thereof,  be  excluded  from  the  district,  such  order  to  de- 
.scribc  specifically  the  lands  so  excluded.  From  the  time  of  the  making 
of  Hucli  order  the  lands  so  excluded  shall  bo  deemed  to  be  no  longer  in- 
cluded in  the  district,  but  such  order  of  exclusion  shall  not  be  taken 
to  invalidate  in  any  manner  any  taxes  or  assessments  theretofore  levied 
or  assessed  against  tlie  lands  so  excluded.  A  copy  of  such  order  of  ex- 
clnsion,  ceriificd  1o  by  the  secretary  of  the  district,  shall  be  recorded 
in   the  ofTicc  of   the   roiinly   recorder  of  the  county  in   wliicli   the   district 


1385  WATER  DISTRICTS.  Act  4349a 

is  situated  and  the  record  of  .«iu-h  certified  copy  shall  bo  doomed  prima 
facie  evidence  of  the  exeliisiou  from  the  district  of  the  lands  purporting 
to  be  excluded  thereby. 

The  board  of  directors  of  any  county  water  district  formed  under  the 
provisions  of  this  act  may  itself  initiate  the  proceedings  for  the  exclu- 
sion from  the  district  of  any  land  or  lands  which  it  may  not  be  for  the 
best  interests  of  the  district  to  be  included,  or  which  may  not  be  bene- 
fited in  any  manner  by  their  continued  inclusion  therein.  Such  proceed- 
ings shall  be  initiated  by  the  board  of  directors  by  the  passage  of  a 
resolution  requiring  all  persons  interested  to  appear  and  show  cause  be- 
fore the  board  of  directors,  at  a  time  and  place  specified,  why  such  lands, 
describing  them,  should  not  be  excluded  from  the  district  and  fixing  a 
time  and  place  for  such  hearing  and  directing  the  secretary  of  the  dis- 
trict to  give  notice  of  the  passage  of  such  resolution  and  of  such  hearing. 
Upon  the  passage  of  such  resolution  the  secretary  of  the  district  shall 
give  notice  thereof  and  of  the  time  and  place  of  such  hearing  in  the 
manner  hereinbefore  prescribed  for  notice  of  hearing  upon  petition  by 
a  land  owner  or  land  owners,  and  thereafter  all  proceedings  shall  be  had 
in  the  manner  and  with  the  effect  herein  provided  for  proceedings  upon 
a  petition  by  a  land  owner  or  land  owners.  The  time  of  hearing  fixed 
by  the  board  of  directors  by  its  resolution  hereinbefore  mentioned  shall 
be  not  less  than  twentj'-five  days  nor  more  than  fifty  days  after  the 
passage  of  such  resolution  and  the  place  of  hearing  so  fixed  shall  be  a 
convenient  place  within  the  district;  provided,  that  the  final  action  of 
the  board  of  directors  under  this  section  shall  be  subject  to  the  referen- 
dum by  the  electors  of  the  water  district  according  to  section  twenty- 
four  of  this  act.      [New  section  added  May  4,  1917;  Stats.  1917,  p.  225.] 

ACT  4349a. 

An  act  providing  for  the  organization  of  water  districts  by  the  board 
of  supervisors  of  the  different  counties  of  the  state  upon  petition 
therefor  by  the  land  owners;  providing  for  the  joint  government 
and  control  thereof  by  the  land  owners  thereof  and  the  board  of 
supervisors  of  the  county  in  which  the  same  are  formed;  providing 
for  the  duties  in  connection  therewith  of  the  county  officials  of  each 
county  in  which  any  of  the  lands  contained  in  said  district  are 
located;  providing  for  the  acquisition  and  construction  by  said  dis- 
trict of  irrigation  works,  for  the  irrigation  of  the  lands  embraced 
therein  and  for  the  distribution  thereby  of  water  for  irrigation  pur- 
poses; providing  for  the  payment  of  the  debts  thereof  by  a  tax 
levied  on  the  lands  embraced  therein;  providing  for  the  issuance 
and  sale  of  bonds  thereby;  providing  that  said  bonds  may  be  in- 
vestigated by  an  appointive  board  of  three  hydraulic  engineers; 
providing  for  the  approval  of  said  bonds  bj-  the  state  superintendent 
of  banks  in  case  said  investigation  is  favorably  reported  and  that 
thereafter  .said  bonds  may  be  lawfully  purchased,  or  received  in 
pledge  as  security  for  any  money  or  deposits  or  for  the  performance 
of  any  act,  by  banks,  banking  institutions,  insurance  companies, 
trust  companies,  guardians,  executors,  administrators  and  special 
administrators;   providing   in   certain   cases   for   the   transfer  of  dis- 


Act  4349e,  §  1  general  laws.  1386 

tricts  from  the  supervision  of  one  county  board  of  supervisors  to 
another;  and  providing  for  tlie  dissolution  of  said  districts  for  non- 
user  of  corjiorate  power. 

[Approved  June  13,  1913.     Stats.  1913,  p.  S15.] 

Amended  1917,  p.  1408. 

The  amendment  of  1917  follows: 

§  35.  County  assessment-roll  may  be  adopted.  The  board  of  directors 
of  any  district  hereafter  organized  hereunder  may  at  their  option  adopt 
the  assessment-roll  of  the  county  or  counties  in  which  the  land  of  the 
district  is  contained  in  so  far  as  said  assessment-roll  affects  the  lands  in 
the  district;  and  file  with  the  clerk  of  the  board  of  supervisors  a  certi- 
fied copy  of  such  assessment-roll,  in  lieu  of  the  assessment-book  men- 
tioned in  section  eight  of  this  act.  [New  section  added  May  31,  1917; 
Stats.  1917,  p.  1409.] 

§  36.  Sale  of  water.  The  board  of  directors  of  any  district  hereafter 
organized  hereunder  shall  have  the  power  to  sell  water  to  owners  of 
land  in  the  district  and  to  fix  rates  for  the  sale  of  water,  and  such  rates 
may  vary  in  different  months  and  in  different  localities  of  the  district 
to  correspond  to  the  cost  and  value  of  the  service,  and  to  collect  for  all 
water  sold  and  to  use  so  much  of  the  proceeds  of  the  sale  of  water  as 
may  be  necessary  to  defray  the  ordinary  operating  expenses  of  the  dis- 
trict and  any  funds  derived  from  the  sale  of  water,  in  excess  of  the 
amount  necessary  for  operating  expenses,  shall  be  paid  to  the  treasurer 
of  the  county  in  which  said  district  is  located  and  applied  upon  the 
payment  of  interest  on  bonds  or  to  create  a  sinking  fund.  [New  section 
added  May  31,  1917;  Stats.  1917,  p.  1409.] 

TITLE  610. 

WATERING   RESORTS. 
ACT  4349e. 

An  act  providing  for  the  sanitation,  healthf nines  and  cleanliness  and 
safety  of  swimming-pools,  public  bathhouses,  swimming  and  bathing 
places;  regulating  the  granting  and  revocation  of  permits  therefor 
from  the  state  board  of  health;  providing  for  the  inspection  of  such 
places;  declaring  places  and  things  in  violation  of  this  act  to  be 
nuisances  dangerous  to  health  and  providing  for  the  abatement  of 
the  sairto;  making  violations  of  this  act  misdemeanors;  and  provid- 
ing for  the  punisiunent  of  the  same. 

[Ai.jn-ovcd    AjMil    n,    1917.     Stats.   1917,   p.    70.     In   effect  July  27,   1917.] 

§  1.     Swimming-pools  under  supervision  of  state  board  of  health.     The 

state  iionnl  ni'  liealtli  shall  have  supervision  over  the  sanitation,  health- 
fulness  and  cleanliness  and  safety  of  swimming-pools,  bathhouses,  public 
swimming  and  bathing  places  and  all  related  appurtenances  and  is  hereby 
empowered  to  m!ii<('  and  enforce  such  rules  and  regulations  pertaining 
thereto  as  it  shall   dccni   proiier. 


1387  WATERING   RESORTS.  Act  4349c,  §§  2-5 

§  2.  Permit  to  construct  or  operate  swimming  pool.  It  shall  be  un- 
lawful for  any  person,  persons,  firm,  corporation,  institution  or  munici- 
pality in  any  district,  town,  city,  county,  or  city  and  county,  to  construct 
or  to  add  to  or  modify,  or  to  operate  or  to  continue  to  operate  any 
swimming-pool,  public  bathhouse,  bathing  or  swimming  place,  or  any 
structure  intended  to  be  used  for  swimming  or  bathing  purposes  with- 
out an  unrevoked  permit  so  to  do  from  the  state  board  of  health.  This 
permit  shall  be  obtained  in  the  following  manner:  any  person,  persons, 
firm,  corporation,  institution  or  municipality  desiring  to  construct,  add 
to  or  modify,  or  to  operate  and  maintain  any  swimming-pool,  public  bath- 
house, bathing  or  swimming  pilaccs  or  structures  intended  to  be  used  for 
swimming  or  bathing  purposes  within  the  state  of  California  shall  file 
application  for  permission  so  to  do  with  the  state  board  of  health,  which 
application  shall  be  accompanied  by  detailed  maps,  drawings,  specifica- 
tions and  description  of  the  structure,  its  appurtenances  and  operation, 
description  of  the  source  or  sources  of  water  supply,  amount  and  quality 
of  water  available  and  intended  to  be  used,  method  and  manner  of  water 
purification,  treatment,  disinfection,  heating,  regulating  and  cleaning; 
life-saving  apparatus,  and  measures  to  insure  safety  of  bathers;  meas- 
ures to  insure  personal  cleanliness  of  bathers;  method  and  manner  of 
washing,  disinfecting,  drying  and  storing  i3athing  apparel  and  towels, 
and  all  other  information  and  statistics  that  may  be  required  by  the 
state  board  of  health;  whereupon,  the  state  board  of  health  shall  cause 
an  investigation  to  be  made  of  the  proposed  or  existing  pool  or  public 
bathing  places  and  if  it  shall  determine  as  a  fact  that  the  same  is  or 
may  reasonably  be  expected  to  become  unclean  or  insanitary  or  may  con- 
stitute a  menace  to  public  health,  it  shall  deny  the  application  for  per- 
mit; if  it  shall  determine  as  a  fact  that  the  same  is  or  may  reasonably 
be  expected  to  be  conducted  continuously  in  a  clean  and  sanitary  manner 
and  will  not  constitute  a  menace  to  public  health,  it  shall  grant  the 
application  for  permit  under  such  restrictions  as  it  shall  deem  proper. 

§  3.  Authority  to  inspect.  For  the  purpose  of  this  act  the  state  board 
of  health  or  its  inspectors  shall  at  any  and  all  reasonable  times  have 
full  power  and  authority  to,  and  shall  be  permitted  to  enter  upon  any 
and  all  parts  of  the  premises  of  such  bathing  and  swimming  places  to 
make  examination  and  investigation  to  determine  the  sanitary  condi- 
tion of  such  places  and  whether  the  provisions  of  this  act  or  the  rules 
and  regulations  of  the  state  board  of  health  pertaining  thereto  are  being 
violated.  The  state  board  of  health  may  from  time  to  time  at  its  dis- 
cretion publish  the  reports  of  such  inspections  in  its  monthly  bulletin. 

§  4.  Revocation  of  permit.  Any  permit  granted  by  the  state  board 
of  health  as  provided  in  this  act  shall  be  revocable  or  subject  to  suspen- 
sion at  any  time  by  formal  action  of  the  state  board  of  health  if  it  shall 
determine  as  a  fact  that  the  swimming  or  bathing  place  or  places  arc 
being  conducted  in  a  manner  insanitary,  unclean  or  dangerous  to  public 
health. 

§  5.  Swimming-pools  operated  contrary  to  act  nuisances.  Any  swim- 
ming-pool, public  swimming  or  bathing  place  or  places,  constructed,  oper- 


Act  4385  GENERAL  LAWS.  1388 

ated  or  maintained  contrary  to  the  provisions  of  this  act  are  hereby 
declared  to  be  public  nuisances,  dangerous  to  health.  Such  nuisances 
may  be  abated  or  enjoined  in  an  action  brought  by  the  local  or  state 
board  of  health  or  they  may  be  summarily  abated  in  the  manner  pro- 
vided by  law  for  the  summary  abatement  of  public  nuisances  dangerous 
to  health. 

§  6.  Penalty.  Any  person,  firm  or  corporation,  whether  as  principal 
or  agent,  employer  or  employee,  who  violates  any  of  the  provisions  of 
this  act  shall  be  guilty  of  a  misdemeanor,  and  each  day  that  conditions 
or  actions,  in  violation  of  this  act,  shall  continue,  shall  be  deemed  to 
be  a  separate  and  distinct  offense,  and  for  each  offense,  upon  conviction, 
he  shall  be  punishable  by  a  fine  of  not  less  than  twenty-five  dollars  nor 
more  than  five  hundred  dollars,  or  shall  be  imprisoned  in  the  county  jail 
for  a  term  not  exceeding  six  months,  or  by  both  such  fine  and  im- 
prisonment. 

TITLE  611. 

WATEES. 

ACT  4351. 

An  act  to  preserve  and  maintain  the  lakes,  ponds,  broolvs,  creeks,  rivers, 
and  streams  of  this  state,  and  to  prevent  the  waters  thereof  from 
being  carried  by  pipes,  conduits,  ditches,  tunnels  or  canals  into  other 
states,  for  use  therein.  [Approved  March  3,  1911.  Stats.  1911, 
p.  271.] 

Repealed  1917;  Stats.  1917,  p.  284. 

TITLE  614. 

WEIGHTS   AND  MEASUEES. 

ACT  4385. 

An  act  to  establish  a  standard  of  weights  and  measures  in  the  state  of 
California;  to  regulate  weights  and  measures  and  weighing  and 
measuring  instruments  and  devices  and  providing  for  the  inspection 
and  sealing  thereof;  to  prevent  the  use  and  sale  of  false  weights 
and  measures  and  weighing  and  measuring  instruments  and  devices; 
providing  for  the  inspection,  measurement  and  weighing  of  goods, 
commodities,  wares,  packages  and  amounts  of  commodities  kept  for 
sale  or  in  process  of  delivery;  to  prevent  the  sale  of  goods,  wares 
and  merchandise  by  false  weights  and  measures;  to  provide  penalties 
for  the  violation  of  the  provisions  of  this  act;  for  the  admission  in 
evidence  of  copies  of  the  state's  standard  of  weights  and  measures; 
providing  for  the  appointment  of  officers  to  enforce  and  carry  into 
effect  the  provisions  of  this  act,  including  a  state  superintendent  of 
weights  and  measures  and  his  deputy,  sealers  of  weights  and  meas- 
ures and  their  dejjuties;  defining  the  [lOwers  and  duties  of  such  offi- 
cers;   and    making    an    ii|)|iroiiria1  ion    to    carry    this    act    into    effect. 

|Ap|irovcd  .Tuiio  1  C,  l!)i;!.     St;its.  1913,  p.  KiSli.  | 

Aoi.'ii.lrd    191.",   p.    i:;i2;    1917,   p.    I(M7. 


1389  WEIGHTS  AND  MEASURES.      Act  4385,  §§  2-17 

The  amendment  of  1917  follows: 

§  2.     Term,  etc.,  of  state  superintendent  of  weights  and  measures.     The 

term  of  office  of  state  suijerintendent  of  weights  and  measures  shall  be 
four  years,  or  until  his  successor  shall  have  been  appointed  and  qualified, 
but  he  shall  always  be  subject  to  removal  at  the  pleasure  of  the  governor. 
The  salary  of  state  superintendent  of  weights  and  measures  shall  be  four 
thousand  dollars  per  annum,  payable  in  the  same  manner  as  other  state 
officers  are  paid.  Before  entering  upon  his  duties  he  shall  execute  a 
bond  to  the  state  in  the  sum  of  five  thousand  dollars,  conditioned  upon 
the  faithful  performance  of  his  duties.  [Amendment  approved  .Tune  1, 
1917;  Stats.  1917,  p.  1648.] 

§  6.  Standards.  The  standards  referred  to  in  the  preceding  section 
shall  be  kept  by  the  state  superintendent  in  a  safe  and  suitable  place  in 
his  office  from  which  they  shall  not  be  removed  except  for  repairs  or 
certification.  He  shall  maintain  such  standards  in  good  order  and  shall 
submit  them  at  least  once  in  ten  years  to  the  national  bureau  of  stand- 
ards for  certification.  Upon  demand  the  secretary  of  state  shall  deliver 
to  the  state  superintendent  all  standards  now  under  the  control  and  in 
the  possession  of  the  secretary  of  state  in  his  capacity  of  ex-officio  state 
sealer  of  weights  and  measures.  The  state  superintendent  shall  there- 
upon submit  such  standards  received  from  the  secretary  of  the  state  to 
the  national  bureau  of  standards  for  certification,  and  he  shall  replace 
such  standards  as  are  incorrect  and  purchase  such  additional  standards 
as  shall  be  necessary  to  complete  and  make  up  a  complete  standard  of 
weights  and  measures  as  required  by  this  act.  He  shall  also  purchase 
such  apparatus  as  shall  be  found  necessary  to  a  proper  prosecution  of 
the  work  of  the  office.  The  state  superintendent  of  weights  and  meas- 
ures may  establish  tolerances  and  specifications  for  commercial  weighing 
and  measuring  apparatus  for  use  in  the  state  of  California  similar  to 
the  tolerances  and  specifications  recommended  by  the  national  bureau 
of  standards,  and  he  may  establish  a  standard  net  weight,  or  net  meas- 
ure, or  net  count  of  any  commodity,  produce  or  article  except  any  manu- 
factured commodity  consisting  of  four  or  more  staple  ingredients,  and 
prescribe  such  tolerances  for  same  as  he  may  in  his  best  judgment  deem 
necessary  for  the  proper  protection  of  the  public.  Any  person  violating 
such  standards  or  tolerances  shall  be  guilty  of  a  misdemeanor.  [Amend- 
ment approved  June  1.  1917;  Stats.  1917,  p.  1G4S.] 

§  17.  Appointment  of  sealers.  In  counties  of  second  class.  Counties 
in  which  deputies  appointed  by  state  superintendent.  The  legislative 
body  of  any  county  or  consolidated  cit}-  and  county  of  the  first  to  the 
thirty-fifth  classes,  both  inclusive,  and  the  legislative  body  of  any  city 
or  town  may  appoint  a  sealer  of  weights  and  measures,  fix  his  compensa- 
tion and  provide  for  the  appointment  by  the  sealer  of  such  number  of 
deputies  as  the  said  legislative  bodies  may  deem  necessary  and  expedient. 
Such  sealer  shall  receive  as  compensation  the  sum  of  one  hundrd  fifty 
dollars  per  month,  or  at  the  rate  of  one  hundred  fifty  dollars  per  month 
for  each  month  or  part  thereof  actually  employed  in  the  service  of  such 
county,  or  city  and  county,  or  city  and  town.  He  shall  be  allowed  his 
traveling  expenses  actually  and  necessarily  incurred  in  the  performance 
of  his  duties;  and  such  deputies  shall  each  receive  as  compensation  the 


Act  4385,  §  32  general  laws.  1390 

sum  of  five  dollars  per  day  for  each  day  actually  employed  iu  the  ser- 
vice of  such  county,  or  city  and  county,  or  city  and  town.  They  shall 
be  allowed  their  traveling  expenses  actually  and  necessarily  incurred  in 
the  performance  of  their  duties.  The  term  of  ofi&ce  of  sealer  of  weiglits 
and  measures  appointed  under  the  provisions  of  this  section  shall  be 
four  years.  He  shall  be  subject  to  removal  by  the  power  appointing  him. 
Deputies  appointed  under  the  provisions  of  this  section  by  a  sealer  of  a 
county,  city  and  county,  or  city,  or  town,  shall  be  subject  to  removal  by 
the  sealer. 

In  counties  of  the  second  class  whose  charters  provide  for  a  depart- 
ment of  weights  and  measures,  the  appointment  of  a  sealer  and  deputies, 
the  number  of  such  deputies  and  the  term  of  office  thereof  shall  be  as 
provided  in  said  charter;  provided,  that  the  sealer  shall  receive  for  com- 
pensation the  sum  of  three  thousand  dollars  per  annum,  and  one  deputy, 
to  be  known  as  chief  deputy,  shall  receive  as  compensation  the  sum  of 
two  thousand  four  hundred  dollars  per  annum.  Deputies  shall  receive 
as  compensation  the  sum  of  one  thousand  eight  hundred  dollars  per 
annum,  each  payable  in  the  same  manner  as  the  salaries  of  other  county 
officers  are  paid.  In  counties  of  the  third  class  the  sealer  shall  receive 
as  compensation  the  sum  of  one  thousand  eight  hundred  dollars  per 
annum,  and  deputies  shall  each  receive  as  compensation  the  sum  of  one 
thousand  five  hundred  dollars  per  annum,  payable  in  the  same  manner  as 
the  salaries  of  other  county  officers  are  paid. 

In  all  counties  other  than  those  of  the  first  to  the  thirty-fifth  classes, 
both  inclusive,  no  county  sealer  or  deputies  shall  be  appointed  by  the 
legislative  body  thereof,  but  the  state  superintendent  of  weights  and 
measures  shall  assign  to  such  counties,  or  groups  of  such  counties,  such 
deputy  superintendents  as  may  be  necessary,  but  not  more  than  one  to 
each  of  such  counties.  Such  deputies  shall  have  jurisdiction  over  such 
county,  or  group  of  counties,  as  the  state  superintendent  may  designate, 
except  within  the  territorial  limits  of  those  cities  and  towns  within  which 
sealers  have  been  appointed  under  the  provisions  of  this  act.  They  shall 
have  all  the  powers  and  perform  the  duties  of  a  sealer  of  weights  and 
measures.  They  shall  be  paid  by  the  county  wherein  employed,  five  dol- 
lars a  day  for  each  day  employed  therein,  which  shall  not  exceed  one 
hundred  twenty  days  in  any  one  county  in  any  one  year,  and  they  shall 
also  receive  from  such  county  their  actual  traveling  expenses.  The  terms 
of  office  of  all  sealers  and  deputy  sealers  in  all  counties  other  than  those 
of  the  first  to  the  thirty-fifth  classes,  both  inclusive,  shall  terminate  when 
this  section  ])ecomps  efTeetivo.  [Aiiicndment  approved  June  1,  1917; 
Stats.  1917,  p.  I(i49.1 

§32.  Penalty  for  using  false  weights  and  measures.  Any  person  who, 
by  himself,  or  his  eniployoe  or  agent,  or  as  the  employee  or  agent  of 
anotlier,  shall  use,  in  the  buying  or  selling  of  any  commodity,  or  retain 
in  his  possession  a  false  weight  or  measure  or  weighing  or  measuring  in- 
strument, or  sliall  offer  or  expose  for  sale,  or  sell,  except  as  heretofore 
specifically  allowed  in  section  twenty-sevon  of  this  act,  or  use  or  retain 
in  his  possession  any  weight  or  measure  or  weighing  or  measuring  in- 
strument in  any  comity,  city  town,  or  city  ;ind  counly  in  wliich  there  lias 


1391  WlilTTlER  STATE  BCIJOOL.  Act  4414,  §  1 

been  appointed  a  scaler  of  weights  and  measures  in  aecordant^e  with  the 
provisions  of  this  act,  which  has  not  been  sealed  by  a  sealer  within  one 
year,  or  who  shall  use  or  dispose  of  any  condemned  weight  or  measure, 
or  weighing  or  measuring  instrument  contrary  to  law,  or  any  person  who, 
by  himself,  or  his  employee  or  agent,  or  as  the  employee  or  agent  of 
another,  shall  sell  or  offer  or  expose  for  sale  or  use  or  have  in  his  pos- 
session for  the  purpose  of  selling  or  using  any  device  or  instrument  to 
be  used  or  calculated  to  falsify  any  weight  or  measure,  and  any  person 
who,  by  himself,  or  his  employee  or  agent,  or  as  the  employee  or  agent 
of  another,  shall  sell  or  offer,  or  expose  for  sale  any  commodity,  produce, 
article  or  thing  in  a  less  quantity  than  he  represents  it  to  be  or  contain, 
shall  be  guilty  of  a  misdemeanor.  Possession  of  any  false  weight  or 
measure  or  weighing  or  measuring  instruments  or  records  thereof  shall 
be  prima  facie  evidence  of  the  fact  that  they  were  intended  to  be  used 
in  the  violation  of  law.  [Amendment  approved  June  1,  1917;  Stats.  1917, 
p.  1650.] 

§  32a.     Penalty  for  selling  commodity  at  other  than  true  net  weight. 

No  person  shall  by  himself  or  his  employee  or  agent,  or  as  the  employee  or 
agent  of  another  sell  or  offer  or  expose  for  sale  any  commodity,  produce, 
article  or  thing  at,  by,  or  according  to  gross  weight  or  measure,  or  at,  by, 
as,  of,  or  according  to  any  weight,  measure  or  count  which  is  greater  than 
the  true  net  weight,  measure  or  count  thereof,  or  which  is  less  than  the 
standard  net  weight,  standard  net  measure  or  standard  net  count,  includ- 
ing tolerances,  as  such  standards  and  tolerances  are  now  or  may  here- 
after be  established  pursuant  to  the  provisions  of  this  act.  Any  person 
violating  any  of  the  provisions  of  this  section  shall  be  guilty  of  a  mis- 
demeanor.    [New  section  added  June  1,  1917;  Stats.  1917,  p.  1650.] 

§  43.  Title.  This  act  when  cited  or  amended  may  be  designated  as 
the  "weights  and  measures  act."  [Amendment  approved  June  1,  1917; 
Stats.  1917,  p.  1650.] 

TITLE  619. 

WHITTIER   STATE   SCHOOL. 

ACT  4414. 

An  act  authorizing  the  board  of  trustees  of  the  Whittier  State  School 
to  maintain  a  department  for  the  clinical  diagnosis  of  inmates  of 
the  school  and  other  state  institutions,  and  to  inquire  into  the  causes 
and  consequences  of  delinquency  and  mental  deficiency,  and  related 
problems. 

[Approved  May  11,  1917.     Stats.  1917,  p.  422.     In  effect  July  27,  1917.] 

§  1.  Department  of  clinical  diagnosis  at  Whittier  State  School.  The 
board  of  trustees  of  the  Whittier  State  School  is  hereby  authorized  and 
empowered  to  maintain  on  the  property  of  the  school,  a  department  for 
the  clinical  diagnosis  of  the  inftiates  of  the  school,  and  of  such  other  state 
institutions  as  may,  from  time  to  time,  request  assistance  from  said  de- 
partment, such  request  to  be  approved  by  the  state  board  of  control. 
This  department  shall  also  carry  on  research  into  the  causes  and  conse- 


Act  4414,  §2  GENERAL   LAWS.  1392 

quences  of  delinquency  and  mental  deficiency,  and  shall  inquire  into 
social,  education  and  psychological  problems  relating  thereto,  and  for 
that  purpose  may  make  such  investigations  and  inquiries  in  the  said 
institutions,  when  so  requested,  and  elsewhere  as  may  be  deemed  advan- 
tageous. The  state  board  of  control  may  apportion  the  expenses  of  the 
said  department,  among  the  different  institutions  receiving  the  benefit 
of  the  work  of  the  department,  in  such  manner  as  it  may  deem  proper. 

§  2.  Clinical  psychologist  and  assistants.  The  said  department  shall 
be  under  the  direction  of  a  clinical  psychologist,  subject  to  the  control 
of  the  superintendent  of  the  said  school.  The  said  psychologist  shall 
be  given  a  sufficient  staff  of  trained  assistants  that  the  intelligence  level 
of  each  inmate  may  be  established  through  the  standardized  psychological 
tests,  supplemented  by  personal  and  family  history  and  data  from  such 
other  lines  of  investigation  as  may  seem  advisable,  and  that  such  other 
work  may  be  done  as  may  be  undertaken  by  the  department.  The  said 
psychologist  and  assistants  shall  be  employed  by  the  said  superintendent, 
with  the  approval  of  the  said  board  of  trustees  and  at  compensation 
satisfactory  to  it. 


iiS 


INDEX. 

(1393) 


INDEX. 

A 

ABALONE.     See  Game  Laws. 

ABANDONED  CHILD.     See  Orphan  Asylums. 

ABANDONMENT. 

Highways,  of,  p.  277,  §  2G97. 

ACCEPTANCE.     See  Negotiable  Instruments. 

Bills  of  exchange,  of.     Sec  Bills  of  Exchange. 

ACCIDENT  INSURANCE  COMPANIES.     See  Insurance. 
Indebtedness  of,  how  estimated,  p.  170,  §  602a. 

ACCOMMODATION  PAPER.     See  Negotiable  Instruments. 

ACCOUNTING. 

Department  of  under  board  of  control.     See  Board  of  Control. 

ACCOUNTS.     See  Account  Stated. 

Balance    due   upon    mutual,    open   and    current,   limitation    of    action 

upon,  p.  9,  §  337. 
Book  account,  limitation  of  action  upon,  p.  10,  §  339. 

ACCOUNT  STATED. 

Limitation  of  action  upon,  p.  9,  §  337. 

ACTIONS. 

Escheat  proceedings.     See  Escheat. 

Includes  counterclaim  and  setoff  in  negotiable  instrument  law,  p.  98, 

§  3266. 
Joinder  of.     See  Joinder  of  Actions. 

ADJUTANT-GENERAL.     See   National  Guard. 

ADMINISTRA-TION.     See  Estates  of  Decedents. 

ADMINISTRATORS.     See  Executors  and   Administrators. 

ADOPTION. 

CoDseut  to,  provision  relating  to,  p.  39,  §  224. 
Illegitimate  child,  consent  of  mother,  p.  39,  §  224. 

ADULTERATION. 

Foods    or   liquors,    adulterated,    prevention    of    manufacture,    sale    or 
transjiortation  of,  p.  531,  Act  29. 

ADULT  PROBATION  BOARD. 

Alameda  county,  of.     See  Alameda  County. 
San  Francisco,  of.     See  San  Francisco. 

ADVERSE  PARTIES. 

Witnesses,   as.     See  Witnesses. 

ADVERTISEMENTS, 

Affixing    to    public    or   private    property    without    consent,    a    misde- 
meanor, p.  110,  §  602. 
Flag,  on.     See  Flag. 

(1395) 


1396  INDEX. 

AFFIDAVIT. 

Eegistration,  of.     See  Elections. 

AGENCY. 

Insurance   agents.     See  Insurance   Companies. 

Negotiable  instrument,  liabilit}^  of  agent  negotiating,  p.  74,  §  3150. 

Notice   of  dishonor  of   negotiable  instrument,   how  given   by,  p.   78, 

§3172. 
Notice  of  dishonor  of  negotiable  instrument  may  be  given  to  agent, 

p.  79,  §  3178. 
Notice   of    dishonor   of    negotiable   instrument   where    dishonored    in 

hands  of  agent,  p.  79,  §  3175. 
Eeal  estate  agents,  definition  of,  p.  539,  Act  60. 
Eeal  estate  agents,  regulation,  supervision  and  licensing  of,  p.  539, 

Act  60. 
Signature  on  negotiable  instrument  by  agent  by  "procuration,"  effect 

of  and  liability  of  principal,  p.  64,  §  3102. 
Signature  on  negotiable  instrument  by  agent,  rules  as  to,  p.  64,  §  3100. 
Who  deemed  to  be  an  agent  within  statute  punishing  embezzlement, 

p.  106,  §  506a. 

AGNEWS  STATE  HOSPITAL.     See  Insane  Asylums. 

AGRICULTURE.     See  State   Commissioner  of  Horticulture;   State  Land 

Settlement  Board. 
Insects  injurious  to.     See  Insects. 
Land   colonization  and  rural   credits,  repeal   of  act  of   1915  relating 

to,  p.  545,  Act  7Sd. 
Land  colonization  act  of  1917.     See  State  Land  Settlement  Board. 
Kepeal  of  act  for  investigating  effect  of  fumes  of  smelters  on,  p.  1238, 

Act  3670. 
State  land  settlement  board.     See   State   Land   Settlement   Board. 

AIGRETTE.     See  Game  Laws. 

ALAMEDA  CITY. 

Charter  of,  p.  545,  Acts  85,  85a. 
Waterfront,  grant  of  to,  p.  545,  Act  86. 

ALAMEDA  COUNTY. 

Adult  probation  officers,  bonds  of,  p.  152,  §  1203,  subd.  g. 

Adult  probation  officers,  expenses  of,  allowance  and  payment  of, 
p.  152,  §  1203,  subd.  g.  ' 

Adult  probation  officers,  number,  qualifications,  ai)i)()intinent,  salaries 
and  terms  of  office,  p.  152,  §  1203,  subd.  g. 

Adult  probation  officers,  offices  for,  duty  to  provide,  p.  152,  §  1203, 
subd.   g. 

.\dult  probation  officers,  removal  of,  p.  152,  §  1203,  subd.  g. 

Assessor,  commissions  not  allowed  to  for  collection  of  personal  prop- 
erty or  poll  taxes,  p.  523,  §  4290,  subd.  S. 

Assessor,  deputies,  clerks  and  assistants,  nunil)er,  enumeration,  ap- 
pointment and  salaries  of,  ]).  350,  §  4232,  subd.  8. 

Assessor,  maps,  plats  and  block-books,  preparation  of  and  powers 
and  duties  as  to,  p.  350,  §  4232,  subd.  8. 

Assessor,  no  compensation  allowed  to  for  mnkiiig  out  military-roll, 
p.  523,  §  4290,  subd.  8. 

AsHCSsor,  salary  of,  and  commissions,  p.  350,  §  4232,  subd.  S. 

Auditor,  additional  assistants,  allowance  of  and  report  of  amount 
expended   for.  i'.  350,  §  4232,  subd.  4. 


INDEX.  1397 

ALAMEDA  COUNTY  (Coiitiimod). 

Auditor,  deputies  and  assistants,  number,  enumeration,  appointment 
and  salaries,  p.  350,  §  4232,  subd.  4. 

Auditor,  report  of,  p.  350,  §  4232,  subd.  4. 

Auditor,  salary  of,  p.  350,  §  4232,  subd.  4. 

Constables,   fees   and   expenses,   and    how   allowed   and   paid,   p.   350, 
§  4232,  subd.  15. 

Constables,  number  and  enumeration  of,  p.  350,  §  4232,  subd.  15. 

Constables,  population  of  townships,  how  determined,  p.  350,  §  4232, 
subd.  15. 

Constables,  salaries  of,  p.  350,  §  4232,  subd.  15. 

Coroiier,   deputy   and   stenographer,   appointment   and    compensatiou, 
p.  350,  §  4232,  subd.  10. 

Coroner,  powers  and  duties  of,  p.  350,  §  4232,  subd.  10. 

Coroner,  salary,  fees  and  expenses  of,  p.  350,  §  4232,  subd.  10. 

Coroner,    stenographer,    appointment    and    compensation    of,    p.    350, 
§  4232,  subd.  10. 

Coroner,  stenographer,  transcription  of  testimony'  constitutes  deposi- 
tion of  witnesses,  p.  350,  §  4232,  subd.  10. 

County   clerk,   deputies,  clerks  and  assistants,  number,  enumeration, 
appointment  and  salaries,  p.  350,  §  4232,  subd.  1. 

County  clerk,  salary  of,  p.  350,  §  4232,  subd.  1. 

District  attorney,  deputies,  clerks  and  assistants,  number,  enumera- 
tion, appointment  and  salaries,  p.  350,  §  4232,  subd.  9. 

District  attorney,  salary  of,  p.  350,  §  4232,  subd.  9. 

Game  warden,  bond  of  covers  acts  of  deputy,  p.  349,  §  4149b. 

Game  warden,  deputy,  powers  and  duties  of,  p.  349,  §  4149b. 

Game  warden,  deputy,  salary  of,  p.  349,  §  4149b. 

Game  warden,  deputy,  supervisors  may  appoint,  p.  349,  §  4149b. 

Justices,  clerk,  appointment,  oath,  powers,  duties   and  bond,  p.  350, 
§  4232,  subd.  14. 

Justice's  clerk  in.     See  Justice's  Clerk. 

Justices,  ofSces  for,  duty  to  provide,  p.  350,  §  4232,  subd.  14. 

Justices,   population   of   townships,   how    determined,    p.   350,  §  4232, 
subd.  14. 

Justices,  register,  duty  to  keep,  what  to  show  and  right  of  inspec- 
tion, p.  350,  §  4232,  subd.  14. 

Justices,  salaries  and  fees  of,  p.  350,  §  4232,  subd.  14. 

License  collector,    receives    fifteen    per    cent    of    collections,    p.    350, 
§  4232,  subd.  7. 

Poll  and  road  taxes,  commissions  for  collecting  to  be  allowed  county 
in  settlement  with  state,  p.  350,  §  4232,  subd.  8. 

Probation  officers  and  assistants  and  salaries  of,  p.  955,  Act  1770a, 
§  19c. 

Public  administrator,  fees  of,  p.  350,  §  4232,  subd.  11. 

Recorder,    deputies,    number,    enumeration    of    and    salaries,    p.    350. 
§  4232,  subd.  3. 

Recorder,  monthly  report  of,  p.  350,  §  4232,  subd.  3. 

Recorder,  salary  and  allowances,  p.  350,  §  4232,  subd.  3. 

Sheriff,  deputies,  clerks  and  assistants,  number,  enumeration,  appoint- 
ment and  salaries,  p.  350,  §  4232,  subd.  2. 

Sheriff,  salary  and  expenses  of,  p.  350,  §  4232,  subd.  2. 

Special  counsel,  power  to  employ,  p.  350,  §  4232,  subd.  9. 

Superintendent  of  schools,  deputies  and  assistants,  number,  appoint- 
ment and  salaries,  p.  350,  §  4232,  subd.  12. 

Superintendent  of  schools,  salary  of,  p.  350,  §  4232,  subd.  12. 


1398  INDEX. 

ALAMEDA  COUNTY  (Contiuued). 

.Superior  judges  of,  increase  from  six  to  eight,  p.  547,  Act  96b. 

Supervisors  charged  as  road  commissioners,  furnishing  with  auto- 
mobiles, p.  35U,  §  4232,  subd.  16. 

Supervisors,  expenses  of,  allowance  of,  p.  350,  §  4232,  subd.  16. 

Supervisors,  salaries  of,  p.  350,  §  4232,  subd.  16. 

Surveyor,  charge  for  work  done,  duty  as  to,  p.  350,  §  4232,  subd.  13. 

Surveyor,  compensation  and  expenses,  p.  350,  §  4232,  subd.  13. 

Surveyor,  deputies  and  assistants,  number  and  compensation  of, 
p.  350,  §  4232,  subd.  13. 

Survevor,  maps,  plats  or  block-books,  making  for  countv,  rights  and 
duties  as  to,  p.  350,  §  4232,  subd.  13. 

Tax  collector,  deputies,  clerks  and  assistants,  number,  enumeration, 
appointment,  salaries  and  duties,  p.  350,  §  4232,  subd.  6. 

Tax  collector,  indexes  of  assessment-roll,  powers  and  duties  regard- 
ing, p.  350,  §  4232,  subd.  6. 

Tax  collector,  salary  of,  p.  350,  §  4232,  subd.  6. 

Treasurer,  deputies,  number,  appointment  and  salaries,  p.  350,  §  4232, 
subd.  5. 

Treasurer,  fees  and  commissions  to  be  paid  into  general  fund,  p.  350, 
§  4232,  subd.  5. 

Treasurer,  salary  of,  p.  350,  §  4232,  subd.  5. 

ALBICORE.     See  Game  Laws. 

ALIENATION. 

Power  of,  how  long  may  be  suspended,  p.  53,  §  715. 

ALIENS. 

Escheated  property,  time  to  make  claim  for,  p.  24,  §  1269. 
Registration  of.     See  Elections. 

ALIMONY.     See  Divorce. 

Maintenance,  in  action  for  without  divorce  by  wife.  See  Husband 
and  Wife. 

ALTERATION  OF  INSTRUMENTS. 

Xegotiable  instrument,  alteration  of.     See  Negotiable  Instruments. 

AMBIGUITIES. 

Xe-i.tial)lt'  inslruments,  in,  rules  for  construction  of,  p.  63,  §  3098. 

AMENDMENTS. 

Power  of  courts  to  allow,  p.  11,  §  473. 

"What  amendments  may  be  allowed,  p.  11,  §  473. 

AMERICAN  FLAG.     Sec  Flag. 

ANGELES  NATIONAL  FOREST. 

l.'crnrrstalioii,  lire  lanes  and  fire  trails  for,  p.  718,  Act  1223. 

ANIMALS.     Sec  Fish;  Game  Laws. 
Cat  lie.     See  Cattle. 

Inspection  of  animals  slaughtered  for  food,  p.  71o,  Act  ll-Ob. 
I?<-pe:.I   of  act  for  investigating  effect  of  smelter  fumes  on,  p.   1238, 
.\<-t  3670. 

ANSWER.  ,,  ,  ,  ,  ,,    „  ,.., 

TiiiH.   for.  pcritiittiiig  answer  alter  time  allowed  by  code,  p.  ll,!!4(.i. 
Time   for,  power  of  court  to  enlarge,  p.  11,  §473. 


INDEX.  1399 

ANTELOPE.     See  Game  Laws. 

APARTMENT  HOUSES. 

Lieus,  keepers  of  apartment  houses  have,  p.  55,  §  1861a. 

Liens  of  keepers,  how  enforced,  p.  55,  §  1861a. 

Lieu  of  keeper,  sale  of  property,-  disposition  of  proceeds,  p.  55, 
§  1861a. 

Lien  of  keeper,  sale  to  enforce  bar  to  action  for  property  or  dam- 
ages, p.  55,  §  1861a. 

Tenement  houses.     See  Tenement   Houses. 

APPEALS. 

Courts-martial,  appeal  from  sentence  of  to  governor,  p.  247,  §  2021. 

Inheritance  tax,  no  appeal  lies  from  order  relating  to,  p.  20,  §  963. 

Judgments  from  which  appeal  lies,  p.  20,  §  963. 

Lien  of  judgment,  effect  of  appeal  on,  p.  17,  §  671. 

Mother   of   half-orphan   child    maintained   at   home,    right   of   appeal 

where  refused  aid,  p.  254,  §  2283. 
Orders  from  which  appeal  lies,  p.  20,  §  963. 
Probate  proceedings,  in.     See   Estates  of  Decedents. 
State  board  of  equalization,  appeal  to  from  levy  of  percentage  under 

franchise  tax,  right  of  and  proceedings  on,  p.  313,  §  3665a. 

APPEARANCE. 

Escheat  proceedings,  effect  of  failure  to  make  in,  p.  24,  §  1269. 
Waiver  by,  p.  247,  §  2022. 

APPLES. 

Act  of  1915,  establishing  standards  for  packing  and  marketing,  re- 
pealed, p.  723,  Act  1275a, 

Standard  for  packing  and  marketing,  act  of  1917  establishing,  p.  723, 
Act  1275a. 

APPRAISERS. 

Estates  of  decedents,  of.     See  Estates  of  Decedents. 

APPROPRIATIONS. 

Excessive  expenditures,  duty  of  board  of  control  as  to,  p.  555,  Act 
217,  §5. 

Excessive  expenditures  forbidden,  p.  555,  Act  217,  §  5. 

Excessive  expenditures,  liability  of  officers  making,  p.  555,  Act  217, 
§5, 

Insurance  of  public  property,  not  to  bo  used  for  except  state  print- 
ing office,  p.  555,  Act  217,  §  6. 

Legislature,  for,  how  expended,  p.  553,  Act  217,  §  2. 

National  guard,  for,  how  expended,  p,  553,  Act  217,  §  2, 

Not  more  than  one-half  to  be  expended  during  sixty-ninth  fiscal 
year,  p.  555,  Act  217,  §  4. 

Not  more  than  one  twenty-fourth  to  be  expended  monthly,  p.  555, 
Act  217,  §4. 

Officers  to  make  detailed  report  of  manner  expenditures  made,  p.  554, 
Act  217,  §3. 

Particular  purpose,  for.     See  particular  title. 

Printing,  for,  how  expended,  p.  553,  Act  217,  §  2. 

Public  institutions,  for,  how  expended,  p,  553,  Act  217,  §  2. 

AQUATIC  PLANTS,     See  Kelp. 


1-iOO  INDEX. 

ARCATA. 

Waterfront,  grant  of  to,  p.  555,  Act  223. 

ARMORIES.     See  National  Guard. 

ARMS.     See  Deadly  Weapons. 

ARMY.     See  National   Guard;   Soldiers  and  Sailors. 

Acquiring  land  by  counties  for  army  camps  and  conveying  to  United 

States,  p.  643,  Act  803. 
License  tax,  exemption  of  honorably  discharged  soldiers  from,  p.  280, 

§  3366. 
State    defense    guard,    creation,    control,    compensation    and    duties, 

p.  3060,  Act  2203. 

ARSENALS.     See  National  Guard. 
ARTILLERY.     See  National  Guard. 

ASEXUALIZATION. 

Inmates  of  Pacific  Colony  for  feeble-minded  and  epileptics,  of,  p.  842, 

Act  1648. 
Provision  for  asexualization  of  certain  persons,  p.  558,  Act  248. 

ASSEMBLY.     See  Legislature. 

ASSESSMENTS.     See  Taxation. 

Mutual    insurance    on    assessment    plan.     See    Mutual    Insurance    on 

Assessment  Plan. 
Stock.     See  Corporations. 
Taxation,   for  purpose  of.     See  Taxation. 

ASSIGNMENT. 

Action  to  recover  tax  paid  under  void  assessment,  assignee   cannot 

bring,  p.  328,  §  3669a. 
Bill  of  exchange  is  not  assignment  of  fund,  p.  86,  §  3208. 
Check  does  not  operate  as,  p.  98,  §  3265e. 
Negotiable    instrument,   by   infant    or    corporation,    effect   of,    p.    64, 

§3103. 

ASSIGNMENT  FOR  BENEFIT  OF  CREDITORS. 

Change  of  possession  not  necessary  on,  p.  100,  §  3440. 

Notice  of  dishonor  of  negotiable  instrument,  how  made  where  party 
has  made  assignment  for  benefit  of  creditors,  p.  80,  §  3182. 

Presentment  of  bill  of  exchange  for  payment  where  drawee  has  as- 
signed for  creditors,  p.  90,  §  3226. 

Protest  of  bill  of  exchange  before  maturity,  for  better  security  where 
acceptor  has  assigned  for  creditors,  p.  93,  §  3239. 

ASSOCIATIONS.     See  Benefit  Societies;  Building  and  Loan  Associations; 
licligioiis,  Social   and  Benevolent  Corporations. 

ATTACHMENTS. 

Discharge,  defendant  may  apply  for  wholly  or  in,  part,  p.  15,  §  554. 

Discharge,  motion  for,  notice  of,  p.  15,  §  554. 

Discharge,  motion  for,  w-hen  may  be  made,  ]).  15,  §  554. 

Justice's  court,  in.     See  .Justice's  Court. 

Keleasr;   of,    flcliverv    oi'    propcrtv    and    proceeds    to    defcMidant,    p.    15, 

§  554. 
Ifrdeasc   of   on    giving   iindiMlaiiitig,   p.    15,  J)  551. 


INDEX.  1401 

ATTACHMENTS   (Contiuued). 

Kelease  of,  proceedings  for,  p.  15,  §  554. 

Release  of,  proceedings  for,  before  whom  taken,  p.  15,  §  554. 

Kelease  of,   undertaking   for,   justification   of   sureties,    p.   15,  §§  554, 

555. 
Release  of,   undertaking  for,   terms   and  conditions  of,   p.    15,  §§  554, 

555. 
Release  of,  upon  what  terms  granted,  p.  15,  §  555. 
Release  of,  when  granted,  p.  15,  §§  554,  555. 
Several  writs  may  be  issued  to  sheriff's  of  different  counties,  p.   14, 

§540. 
To  whom  directed,  p.  14,  §  540. 
Unclaimed   funds,   publication   of   notice   of,   costs   and  expenses   of, 

p.  15,  §  570. 
Undertaking  by  one   defendant  where   several   defendants,   approval 

of,  p.  14,  §  540. 
Undertaking  by   one    defendant   where   several    defendants,   right   to 

give  and  liability  under,  p.  14,  §  540. 
What  to  state,  p.  14,  §  540. 

ATTEMPT. 

Escape  of  inmate  from  state  hospital,  aiding,  a  misdemeanor,  p.  103, 
§  109a. 

ATTORNEYS. 

Admission  to  practice,    examination    of    applicants    in    open    court, 

p.  9,  §  276. 
Admission  to  practice,  qualifications  for  admission  to  practice,  p.  9, 

§  276. 
Admission  to  practice,   repeal   of   sections   admitting  to   practice   on 

diplomas   from   various  law   schools,  p.   9,  §§  280a,   280b;   p.   190, 

§  1483. 
Fee,  provision  for  payment  of  in  note,  p.  59,  §  3083. 
Hastings  College  of  the  Law,  repeal  of  section  admitting  to  practice 

on  diploma  from,  p.  9,  §  2S0a;  p.  190,  §  1483. 
Inheritance   tax   department,   attorneys  for,   p.   163,  §  445.     See   Tax- 
ation. 
Justice  of  the  peace  cannot  have  partner  practicing  law,  p.  2,  §  103. 
Justice  of  the  peace    cannot    practice    law    before    another    justice, 

p.  2,  §  103. 
Justices  must  have  been  admitted  to  practice  law  in  what  counties, 

p.  2,  §  103. 
Leland  Stanford  Junior   University',  repeal   of  section   admitting  to 

practice  on  diploma  from,  p.  9,  §  280b. 
Saint   Ignatius   University,   repeal   of  section   admitting   to   practice 

on  diploma  from,  p.  9,  §  280b. 
Secretary,  clerk  or  stenographer  of  as  witness,  j).  33,  §  1881. 
Special  counsel.     See  Special  Counsel. 
University  of  California,  repeal  of  section  admitting  to  practice  on 

diploma  from,  p.  9,  §  280b. 
University  of  Santa  Clara,  repeal  of  section  admitting  to  practice  on 

diploma  from,  p.  9,  §  280b. 
University   of   Southern   California,   repeal    of   section   admitting    to 

practice  on  diploma  from,  p.  9,  §  2S0b. 
Witness,  as,  p.  33,  §  1881. 
Young  Men's   Christian  Association   Law   College   of   San   Francisco, 

repeal   of   section  admitting  to   practice  on   diploma  from,  p.   9, 

§  280b. 


1402  INDEX. 

ATTORNEY  GENERAL. 

Admiiiistration  of  estates,  may  direct  commencement  of  where  none 

commenced  within  six  months,  p.  24,  §  1269. 
Appointees  of  and  salaries  of,  p.  164,  §  472. 
Civil  executive  officers,  what  assistants  of  are,  p.  165,  §  475. 
Civil  service  rules,  what  assistants  of  exempted  from,  p.  165,  §  475. 
Clerks,    stenographers    and    assistants,    number    of    and    salaries    of, 

p.  165,  §  475. 
District  attornev,  disqualification  of.  emplovment  of  special  counsel, 

p.  164,  §  472. 
Duties  of,  p.  164,  §  472. 
Escheat  of  estates.     See  Echeat. 
Special  counsel,  employment  of  by,  p.  164,  §  472. 

AUCTIONS. 

Sale  of  stock  in  trade  at  auction,  recording  notice  of,  p.  100,  §  3440. 

AUDITOR. 

Duplicate    statements    from    assessor's    books,    duty    to    prepare    and 

what  to  show,  p.  342,  §  3728. 
Statement  of  property  redeemed   and  not   redeemed,   to  transmit   to 

assessor,  p.  341,  §  3678. 
Tax  collector,  settlement  of  with  auditor  for  taxes  collected,  p.  342, 

§3753. 
Tax  collector,   to   charge  with   full   amount   of   taxes   levied,   p.   342, 

§3734. 
Taxes  charged  to  tax  collector,  notifving  controller  of  amount,  p.  342, 

§  3734. 

AUTOMOBILES. 

Act   of   1915   regulating  use   and   operation   of   amendment   of   1917, 

p.   1078,  Act  2331b. 
Bonus,   discount  or   consideration   for   purchase   of   supplies,   offer   or 

acceptance  of  forbidden,  p.  1078,  Act  2331b. 
Fines   and   forfeitures  for  violation   of   act,   disposition   of,   p.   1078, 

Act  2331b. 
Garage.     See  Garages. 

License  of  persons  operating,  p.   1078,  Act  2331b. 
Motor   vehicle    department,    creation,    organization    and    conduct    of, 

p.  1078,  Act  2331b. 
Ordinances,  local,  power  of  local   authorities  as  to   limited,   p.   1078, 

Act  2331b. 
Penalties  for  violation  of  act  regulating  use  of.  p.  1078,  Act  2331b. 
Possession   or  use  without  consent  of  owner  prohibited,  p.   1078,  Act 

2331b. 
Registration   and   identification   of,  p.   107f-,  Act  2331b. 
Registration  and  license  fees,  disposition  of,  p.  1078,  Act  2331b. 
Registration  of,  fees  for,  p.  1078,  Act  2331b. 
Regulation   of  carrying  of  persons  or   [iroporty   for  hire  by,  p.   1109, 

Act  2331d. 

B 

BADGERS.     See  Game  Laws. 

BANKRUPTCY. 

I'.iink.  of.     See  Banks. 

licncficiaries   of  workmen's   compensrition    insurance    policies,   protec- 
tion against  insolvency  of  insurance  cnniers,  p.  1036,  Act  2143f. 


INDEX.  J 403 

BANKEUPTCY  (Continued). 

Discharge  not  to  be  granted  until  taxes  paid,  p.  327,  §  3668e. 

Notice  of  dishonor  of  negotiable  instrument,  how  made  when  party 
a  bankrupt,  p.  80,  §  3182. 

Presentment  of  bill  of  exchange  for  payment  where  drawee  bank- 
rupt, p.  90,  §  322G. 

Protest  of  bill  of  exchange  before  maturity  for  better  security 
where  acceptor  bankrupt,  p.  93,  §  3239. 

Trust  companies,  effect  of  on  liability  of  stockholders,  p.  11,  §  348. 

BANKS  AND  BANKING. 

Action  to  recover  deposit,  no  limitation  in  case  of,  p.  11,  §  348. 

Amendments  in  1917  of  act  of  1909  relating  to,  p.  559,  Act  297. 

Amendment  of  articles  of  incorporation,  certificate  of  approval  by 
superintendent  of  banks,  p.  41,  §  290a. 

Assessment  of  banks  generally  by  state  board  of  equalization,  p.  323, 
§  3668. 

Assessment  of  banks  in  liquidation  bv'  state  board  of  equalization, 
p.  323,  §  3668. 

Bank  includes  what,  p.  98,  §  3266. 

Banking  or  trust  company,  insolvency  of,  effect  on  liability  of  stock- 
holders, p.  11,  §  348. 

Bonds  of  municipal  water  districts  legal  investments  for  funds, 
p.  599,  Act  387a. 

Check,  nonpayment  of  by  bank,  damages  for,  p.  95,  §  3320. 

Checks.     See  Checks. 

Deposit,  no  limitation  of  action  to  recover,  p.   11,  §  348. 

Director  concurring  in  loau  to  another  director  guilty  of  misde- 
meanor, p.  108,  §  561d. 

Director  failing  to  make  new  entries  guilty  of  misdemeanor,  p.  109, 
§563a. 

Directors,  loans  to  in  violation  of  law  valid,  p.  108,  §  56 Id. 

Director  making  deposit  of  funds  wath  another  bank  in  consideration 
of  loan  a  misdemeanor,  p.  108,  §  561d. 

Director,  making  false  or  untrue  entries  a  felony,  p.  109,  §  563a. 

Director  participating  in  fraudulent  insolvency  guilty  of  misde- 
meanor, p.  108,  §  561b. 

Director,  willful  acts  or  omissions  a  misdemeanor,  p.  108,  §  561b. 

False  statements  as  to  solvency,  making  or  starting  a  misdemeanor, 
p.  109,  §  563b. 

Franchise  tax  for  state  purposes  on.  See  State  Board  of  Equaliza- 
tion. 

Insolvency  of  bank  deemed  fraudulent  when,  p.  108,  §  561b. 

Insolvency  of  banking  or  trust  corporation,  effect  on  liability  of 
stockholders,  p.  11,  §  348. 

Liquidation  of  bv  superintendent  of  banks,  act  relating  to,  p.  592, 
Act  298. 

Making  instrument  paj^able  at  bank  equivalent  to  order  to  pav, 
p.  77,  §  3168. 

National  bank,  repeal  of  section  relating  to  taxation  of  shares  of, 
p.  30G,  §§  3609,  3610. 

Negotiable  instrument  drawn  or  indorsed  to  ofiieer  of  bank  deemed 
payable  to  bank,  p.  68,  §  3123. 

Negotiable  instrument  drawn  or  indorsed  to  officer  of  bank,  how 
negotiated,  p.  '68,  §  3123. 

Negotiable  instrument  payable  at  bank,  presentment  for  payment  in 
case  of,  p.  75,  §  3156. 


1404  INDEX. 

BANKS  AND  BANKING  (Continued). 

Xo  limitation  of  action  to  rcover  deposit,  p.  11,  §  348. 

Officer  creating  any  liability  of  beyond  amount  legally  permissible 
guilty  of  misdemeanor,  p.  108,  §  561c. 

Officer  or  employee  abstracting  or  misappropriating  funds  a  felony, 
p.  108,  §  561a. 

Officer  or  employee  abstracting  or  misappropriating  funds,  punish- 
ment of,  p.  ^108,  §  561a. 

Officer  or  employee,  concealing  or  failing  to  report  loans  or  dis- 
counts a  misdemeanor,  p.  108,  §  561d. 

Officer  or  employee  concealing  or  failing  to  report  purchase  of  secur- 
ities, guilty  of  misdemeanor,  p.  108,  §  561d. 

Officers  or  employees,  failure  to  make  new  entries,  a  felony,  p.  109, 
§  563a. 

Officer  or  employee  making  deposit  of  funds  with  another  bank  in 
consideration  of  loan,  p.  108,  §  561d. 

OfiSeers  or  employees,  making  false  or  untrue  entries  by  a  felony, 
p.  109,  §  563a'! 

Officer  or  employee,  oyerdrawing  account  a  felony,  p.  107,  §  561. 

Officer  or  employee,  reeeiying  any  gratuity  or  reward  for  procuring 
loan  or  accommodation,  a  felony,  p.  107,  §  561. 

Officer  or  employee,  receiving  reward  for  permitting  depositor  to 
overdraw   account,   a   felony,  p.   107,  §  561. 

State  board  of  equalization,  report  to,  banks  must  make  annually, 
p.  320,  §  3666b. 

State  board  of  equalization,  report,  form  of.  what  to  contain,  p.  320, 
§  3666b. 

State  board  of  equalization,  report  to,  time  to  make,  p.  320,  §  3666b. 

State  board  of  equalization,  report  to,  who  to  make,  p.  320,  §  3666b. 

BARRACUDA.     See  Game  Laws. 
BASS.     See  Game  Laws. 

BATHHOUSES. 

Regulations  governing,  p.   1386,  Act  4349e. 

BAXTER  CREEK  IRRIGATION  DISTRICT. 

Proceedings  for  formation  of  validated,  p.  899,  Act  1725  1. 

BEAVER.     Sec  Game  Laws. 

BED  SHEETS.      See  TTotels. 

BENEFIT  SOCIETIES.  Heo  Keligious,  Social  and  Benevolent  Corpora- 
tions. 

Amendiiients  of  1917  of  act  of  1911  for  regulation  and  control  of, 
p.  593,  Act  313. 

Whole  family,  protection  for  memlHM's  of,  provision  for,  p.  596, 
Act  316. 

BENEVOLENT  CORPORATIONS.     See  Keligious,  Social  and  Benevolent 
Corporations. 

BENICIA. 

I ';ii(|iiin(V,  Straits.      See  (!arquinc/.  Straits. 

BERKELEY.  ' 

(  li;irt.T  of.  ]y.  598,  Act  332. 
Waterfront,  grant  of  to,  p.  598,  Act  334. 


INDEX.  1405 

BIG  BASIN.     See  California  Redwood  Park. 

BILLS  OF  EXCHANGE.     See  Negotiable  lustruments. 

Acceptance  after  dishonor  by  nouaceeptance,  date  of,  p.  S8,  §  3219. 
Acceptance  before  it  has  been  signed  by  drawer,  p.  88,  §  3219. 
Acceptance,   bill   dislionored   by   nonaccejjtance   when,   p.   91,  §§  323f>, 

3231. 
x'^cceptanee,  dates  as  of  day  of  presentation,  p.  SS,  §  3217. 
Acceptance,  defined,  p.  87,  §  3213. 
Acceptance,  destruction   of   on    delivery    for    acceptance,    deemed    an 

acceptance,  p.  88,  §  3218. 
Acceptance,  dishonor  by  uonacceptance,  recourse  against  drawers  and 

indorsers  without  presentment,  p.  91,  §  3232. 
Acceptance,  drawee  not  liable  before,  p.  86,  §  3210. 
Acceptance  for  honor,  agreement  of  acceptor  for  honor,  p.  94,  §  3246. 
Acceptance  for  honor,  bill  may  be  accepted  for  honor,  when,  p.  93, 

§  3242.. 
Acceptance  for  honor,    bv    different    persons,    for    different    parties, 

p.  93,  §  3242. 
Acceptance  for  honor,    calculation    of    maturity    where    bill    payable 

after  sight  accepted  for  honor,  p.  94,  §  3247. 
Acceptance  for  honor,    delay    in    making    presentment    to    acceptor, 

when  excused,  p.  95,  §  3250. 
Acceptance  for  honor,  dishono'r  by  acceptor,  protest  for  nonpayment 

in  case  of,  p.  95,  §  3251. 
Acceptance  for  honor,  for  part  only  of  the  sum  duo,  p.  93,  §  3242. 
Acceptance  for  honor,  how  made,  p.  94,  §  3243. 
Acceptance  for  honor,  liability  of  acceptor,  p.  94,  §  3246. 
Acceptance   for   honor,   presentment    for   payment    to    acceptor,   how 

made,  p.  94,  §  3249. 
Acceptance  for  honor,    presentment   for   payment   to    acceptor,    time 

to"^  make,  p.  94,  §  3249. 
Acceptance  for  honor,  protest  for  nonpayment  before  presentment  to 

acceptor,  p.  94,  §  3248. 
Acceptance  for  honor,  to  whom  acceptor  liable,  p.  94,  §  3245. 
Acceptance  for  honor,  where  person  for  whose  honor  made  not  stated 

deemed  an  acceptance  for  honor  of  drawer,  p.  94,  §  3244. 
Acceptance  for  honor,  who  may  accept  for  honor,  p.  93,  §  3242. 
Acceptance,  general,   denned,  -p.  88,  §  3220. 
Acceptance,  general  or  qualified,  may  be,  p.  88,  §  3220. 
Acceptance,  general,  to  pay  at  particular  place  is,  p.  88,  §  3221. 
Acceptance,  holder  may  require  to  be  on  instrument,  p.  87,  §  3214. 
Acceptance,  meaning  of,  p.  98,  §  3266. 
Acceptance  of  incomplete  bill,  p.  88,  §  3219. 
Acceptance  on  separate   paper,  in  whose  favor  onlv  binding,  p.  87, 

§  3215. 
Acceptance,  presentment  for,  by  whom  made,  p.  90,  §  3226. 
Acceptance,  presentment  for,  day  of,  jjrovisions  relating  to  negotiable 

instruments  govern,  p.  90,  §  3227.     See   Negotiable   Instruments. 
Acceptance,  presentment  for,  delay  in  when  excused,  p.  90,  §  3228. 
Acceptance,  presentment  for    excused    and    bill    may    be    treated    as 

dishonored,  when,  p.  90,  §  3229. 
Acceptance,  presentment,  failure  to  present  when  necessary  exoner- 
ates drawers  and  indorsers,  p.  90,  §  3225. 
Acceptance,  presentment,  how  made,  p.  90,  §  3226. 
Acceptance,  presentment,  must  be  made  within  reasonable  time,  p.  90, 

§3225. 


1406  INDEX. 

BILLS  OF  EXCHANGE  (Coutinued). 

Aeceptauce,  presentmeut  for,  necessary  in  what  cases,  p.  S9,  §  3224, 

Acceptance,,  presentment,  to  whom  made,  p.  90,  §  3226. 

Acceptance,  presentment,  when  excused,  p.  90,  §  3229. 

Acceptance,  presentmeut,  when  to  be  made,  p.  90,  §  322(3. 

Acceptance,  presentment,   when   addressed   to   two   or   more    drawees, 
p.  90,  §  3226. 

Acceptance,  presentment,  where  drawee  bankrupt  or  has  assignment 
for  creditors,  p.  '90,  §  3226. 

Acceptance,  presentment,  where  drawee  dead,  p.  90,  §  3226. 

Acceptance,  presentmeu't   for,  where   Saturday  not   a   holidav,   p.   9U, 
§  3225. 

Acceptance,  promise  must  be  to  pay  in  money,  p.  87,  §  3213. 

Acceptance,  protest  for  nonacceptance.     See  post.  Protest,  this  title. 

Acceptance,  qualified,  defined,  p.  SS,  §  3220. 

Acceptanc-e,  qualified,   discharges    drawer   and   indorsers,   unless   they 
assent,  p.  89,  §  3223. 

Acceptance,  qualified,    drawer    or   indorser   must   dissent   within   rea- 
sonable time  or  bound  by,  p.  89,  §  3223. 

Acceptance,  qualified,  holder  may  refuse  to  take,  p.  89,  §  3223. 

Acceptance,  qualified,  what  is,  p,  SS,  §  3222. 

Acceptance,  refusal  to  return  bill,  deemed  an  acceptance,  p.  88,  §  3218. 

Acceptance,  refusal  to  write  on  instrument,  holder  may  treat  as  dis- 
honored, p.  87,  §  3214. 

Acceptance,  time  allowed  for,  p.  SS,  §§  3217,  321S. 

Acceptance  to  be  in  writing  and  signed  by  drawee,  p.  87,  §  3213. 

Acceptance,  unconditional  promise  to  accept,  effect  of,  p.  88,  §  3216. 

Acceptance,  unqualified  refusal  to  give,  bill  may  be   treated  as   dis- 
honored, p.  89,  §  3223. 

Accepters.     See  Negotiable  Instruments. 

Addressed,  may  be  to  drawees  jointly,  p.  86,  §  3209. 

Addressed,  mav  not  be   to   drawees   in  alternative   or   in  succession, 
p.  86,  §3209. 

Alteration  of.     See  Negotiable  Instruments. 

Assignment  of  fund,  is  not,  p.  86,  §  3208. 
.    Bearer,  meaning  of,  p.  98,  §  3266. 

"Bill,"  meaning  of,  p.  98,  §  3266. 

Defined,  p.  86,  §  3207. 

Delivery,  meaning  of,  p.  98,  §  3266. 

Drawee  a  fictitious  person  or  without  authority,  to  contract,  may  be 
treated  as  promissory  note,  p.  86,  §  3211. 

Drawee  not  liable  on  unless  and  until  acceptance,  p.  86,  §  3208. 

Drawer  and  drawee  same  person,  mav  be  treated  as  promissorv  note, 
p.  86,  §3211. 

Drawees.     See  Negotiable  Instruments. 

Dishonor  by  nonacceptance,  recourse  to  drawer  and  indorsers  witiioiit 
presentment,  p.  91,  §  3232. 

Dishonored  by  nonacceptance  when,  p.  91,  §§  3230,  3231. 

Dishonored,   presentment  excused  and  bill  may  be   treated   ns  wlieii, 
p.  90,  §  3229. 

Dishonor  of.     See  Negotiable  Instruments. 

Dishonor  of,  referee  in  case  of  need.     See  post,  Kel'eree,  tliis  title. 

Foreign  l)ills,  protest  of.     See  post.  Protest. 

Foreign,  defined,  p.  86,  §  3210. 

Foreign,  failure   to  protest  discharges  drawers  and   iiidorser.s,   p.  91, 
§  3233. 


INDEX.  1407 

BILLS  OF  EXCHANGE  (Continued). 

Foreign,  protest  for  nonacceptance  or  nonpayment,  p.  91,  §  3233. 

Foreign,  protest  required  on,  p.  83,  §  3199. 

Foreign,  protest,  waiver  of,  waives  presentment  and  notice  of  dis- 
honor, p.  82,  §  3192. 

Foreign,  protest  for  nonacceptance.     See  post.  Protest,  this  title. 

Holder,  moaning  of,  p.  98,  §  3266. 

Holders  of,  rights  of.     See  Negotiable  Instruments. 

Honor,  payment  for.     See  post.  Payment  for  Honor,  this  title. 

Indorsement,  meaning  of,  p.  98,  §  3266. 

Indorsement  of.     See  Negotiable  Instruments. 

Inland,  bill  may  be  treated  as  unless  contrary  appears,  p.  86,  §  3210. 

Inland,  defined,  p.  86,  §  3210. 

In  parts,  acceptance  of  more  than  one  part,  liability  to  subsequent 
holders,  p.  97,  §  3262. 

In  parts,  acceptance  to  be  written  on  one  part  only,  p.  97,  §  3262. 

In  parts,  payment  of  one  part  discharges  whole,  p.  97,  §  3264. 

In  parts,  payment  without  requiring  delivery  of  part  bearing  accept- 
ance, liability  to  holder,  p.  97,  §  3263. 

In  sets,  acceptance  may  be  written  on  any  part,  p.  97,  §  3262. 

In  sets,  constitute  one  bill,  p.  96,  §  3259. 

In  sets,  liability  of  holder  where  different  parts  negotiated,  p.  96, 
§3261. 

In  sets,  liabilitv  of  indorsers  where  different  parts  negotiated,  p.  96, 
§3261. 

In  sets,  rights  where  different  parts  negotiated,  p.  96,  §  3260. 

Instrument;  meaning  of,  p.  98,  §  3266. 

Issue,  meaning  of,  p.  98,  §  3266. 

Makers.     See  Negotiable  Instruments. 

Negotiated,  must  be  within  reasonable  time,  p.  90,  §  3225. 

Negotiation  of.     See  Negotiable  Instruments. 

Payment  for  honor,  declaration  before  payment  for  honor,  p.  95, 
§  3254. 

Payment  for  honor,  discharge  of  subsequent  parties,  p.  96,  §  3256. 

Payment  for  honor,  how  made,  p.  95,  §  3253. 

Payment  for  honor,  payer  entitled  to  bill  and  protest,  p.  96,  §  3258. 

Payment  for  honor,  preference  where  several  offer  to  pay  for  honor, 
p.  95,  §  3255. 

Payment  for  honor,  refusal  to  accept,  loss  of  right  of  recourse,  p.  96, 
§  3257.  • 

Payment  for  honor,  subrogation  of  payer  for  honor,  p.  96,  §  3256. 

Payment  for  honor,  who  may  make,  p.  95,  §  3252. 

Payment,  no  further  demand  necessary  after  protest,  p.  92,  §  3237. 

Payment,  protest  for  nonpa.yment.     See  post.  Protest,  this  title. 

Person,  meaning  of,  p.  98,  §3266. 

Presentment  for  acceptance.     See  ante.  Acceptance,  this  title. 

Promissory  note,  when  may  be  treated  as,  p.  86,  §  3211. 

Protest  before  maturity  for  better  security  where  acceptor  bankrupt 
or  has  assigned  for  creditors,  p.  93,  §  3239. 

Protest,  bill  protested  for  nonacceptance  mav  be  protested  for  non- 
payment, p.  92,  §  3238. 

Protest,  delay  in,  proceedings  when  excuse  for  ceases,  p.  93,  §  3240. 

Protest,  delay  in  when  excused,  p.  93,  §  3240. 

Protest,  extending  when  bill  has  been  dulv  noted,  p.  92,  §  3236. 

Protest,  form  of,  p.  92,  §  3234. 

Protest,  how  made,  p.  92,  §  3234. 


I-IOS  INDEX. 

BILLS  OF  EXCHANGE  (Coutinued). 

Protest,  liow  made  where  bill  lost,  destroyed  or  wrongly  detained, 
p.  93,  §  3241. 

Protest,  no  further  demand  for  payment  necessary,  p.  92,  §  3237. 

Protest  not  required  except  in  case  of  foreign  bills,  p.  83,  §  3199; 
p.  91, §  3233. 

Protest,  time  of  making,  p.  92,  §  3236. 

Protest,  when  dispensed  with,  p.  93,  §  3240. 

Protest,  where  to  be  made,  p.  92,  §  3237. 

Protest,  who  may  make,  p.  92,  §  3235. 

Referee  in  case  of  need,  delay  in  making  presentment  to  accepter, 
when  excused,  p.  95,  §  3250. 

Eeferee  in  case  of  need,  name  of  may  be  inserted  on  dishonor  or 
nonacceptance,  p.  87,  §  3212. 

Eeferee  in  case  of  need,  resort  to,  option  of  holder,  p.  87,  §  3212. 

Eeferee  in  case  of  need,  who  is, -p.  87,  §  3212. 

Eeference  on,  in  case  of  need,  protest  for  nonpayment  before  pre- 
sentment to  referee,  p.  94, §  3248. 

Value,  meaning  of,  p.  98,  §  3266. 

BIBDS.     See  Game  Laws. 
BIRDS  OF  PARADISE.     See  Game  Laws. 
BIRTHS.     See  Vital  Statistics. 
BLACKBIRDS,     See  Game  Laws. 

BLANK. 

Indorsement  in.     See  Negotiable  Instruments. 

BLANKS. 

Negotiable  instruments,  in.     See  Negotiable  Instruments. 

BLIND.     See  Deaf  and  Blind. 
BLUEJAYS.     See  Game  Laws. 

BLUE  SKY  LAW. 

Corporate  securities  act  of  1917,  p.  881,  Act  1700. 

BOARD  OF  CONTROL. 

Authorized  to  retransfer  certain  lauds  to  original  owners,  p.  1173, 
Act  2875h.  •• 

Department  of  jmblic  accounting,  appointees  are  civil  executive  offi- 
cers, p.  179,  §  686. 

Department  of  public  accounting,  appointees  may  administer  oaths, 
]..  179,  §  686. 

Department  of  jniblic  accounting,  consists  of  what  officers,  p.  179, 
§  686. 

Department  of  public  accounting,  creation  of,  p.  179,  §  6S6. 

Department  of  public  acconnting,  superintendent  and  assistants,  ap- 
jiointment,  qualifications,  salaries  and  bonds,  p.  179,  §  686. 

Department  of   accounting  under   supervision   of,  p.    176,  §  686. 

Orphan  asylums,  children's  agents  to  examine  into,  appointment,  num- 
ber, duties,  salaries  and  expenses,  p.  255,  §  2286. 

Orphan  asylums,  examination  into  by,  p.   255,  §  2286. 

Presentation  of  claim  to  for  escheated  estate  instead  of  filing  peti- 
tion, p.  26,  §  1272a. 

Sale  of  certain  lands  by  authorized,  p.  598,  Act  356. 


INDEX.  1401J 

BOARDS  OF  EDUCATION.     Sec  Schools. 

BOILERS.     See    Steam    BoiJers. 

BONA   FIDE   PURCHASERS.     See   Negotiable   Instruments. 

('omnuniitv  property,  rights  of  bona  fide  purchasers  or  encuml^rancers 
of,  p.  37,  §  164;  p.  38,  §  ]72a. 

BONDS. 

Cancellation  of  unsold  bonds  issued  for  public  improvements,  p.  1121, 
Act  2371. 

Cities,  counties  or  cities  and  counties,  payment  to  by  controller  of 
taxes  necessary  to  pay  bonded  indebtedness,  p.  337,  §  3670b; 
p.   338,  §  3670c. 

City,  issued  for  public  improvements,  validation  of,  p.  1122,  Act 
2371a 

Employer  to  pay  cost  of  bond  required  of  employee,  p.  987,  Act  2140e. 

Highways,  for.     See  Highways. 

Irrigation  districts,  bonds  of  as  legal  investments  for  trust  funds, 
p.  916,  Act  1732b. 

Insurance  corporations  may  invest  funds  in  what  bonds,  p.  47,  §  421. 

Limit  of  tax  rate  that  can  be  levied  to  pay  bonds  or  judgments  there- 
from, p.  341,  §  3714. 

Municipal.     See  Municipal  Corporations. 

Municipal  districts,  of,  legal  investments  for  funds,  p.  599,  Act  387a. 

Municipal,  issuance  of  legalized,  p.  600,  Act  389a. 

Negotiation  bv  delivery  or  qualified  indorsement,  warranty  under, 
p.  73,  §  3146. 

Particular  officer,  of.     See  particular  title. 

School.     See  Schools. 

Street  improvements,  for.     See  Streets. 

Surplus  line  broker,  of,  p.  166,  §  596. 

University  of  California,  for  buildings  for.  See  Universitj"  of  Cali- 
fornia. 

BOOK  ACCOUNT. 

Limitation   of  action  upon,  p.  9,  §  337. 

BOOKS. 

School.     See  Schools. 

School  text-books.     See  Schools. 

BOULEVARDS.     See  Highways. 

BOUNDARIES. 

County.     See    County'   Boundaries;    also,   particular  county. 

BRANDS.     See  Marks  and  Brands. 
BRANT.     See   Game   Laws. 

BRIBERY. 

Provisions  preventing  gifts,  advances  or  promises  to  legislators  by 
candidatetor  United  States  Senate,  repeal  of,  p.  103,  §§  63,  63%. 

BRIDGES. 

Construction   of,  in   county   by  supervisors   of   adjoining  county,   act 

authorizing,  p.  763,  Act  1447. 
Toll,  connecting   two   counties,  how  assessed,  p.   308,  §  3643. 
S9 


1410 


INDEX. 


BROKERS. 

lusurance.     See  Insurance  Companies. 

Xegotiable  instrument,   liabilty  of  broker  negotiating,  p.   74,  §  3150. 

Ecal  estate  brokers,  definition  of,  p.  539,  Act  (50. 

Eegulation,    supervision    and    licensing   of    real    estate    brokers    and 

solicitors,  p.  539,  Act  60. 
Surplus  line  brokers.     See  Insurance  Companies. 

BRUSH  RABBIT.     See  Game  Laws. 

BUILDING  AND  LOAN  ASSOCIATIONS. 

Amendments   of   1917   of   the   building  and   loan   commission   act   of 

1911,  p.  601,  Act  428. 
Loans,  security  for,  p.  53,  §  638. 
Loans,  repayment  of,  p.  53,  §  638. 

Loans,  notes  or  obligations  to  be  issued,  p.  53,  §  638. 
Loans  may  be  made  upon  what  securities,  p.  53,  §  638. 
Loans,  interest  on,  p.  53,  §  638. 

No  limitation  of  action  to  recover  deposit,  p.   11,  §  348. 
Xot  included  in  provision  for  taxation  of  banks  for  state  purposes, 

p.  311,  §  3664c. 

BUILDINGS.     See  Apartment  House;   Building  and  Loan   Associations; 

Hotels;  Tenement  Houses. 
Construction,    reconstruction,    moving    and    alteration    of    dwellings, 

regulation  of,  p.  605,  Act  431b. 
Elevators.     See  Elevators. 
Establishment   in   cities   of    districts    and   regulation   construction   of 

buildings   in,   p.    602,   Act   431. 
Maintenance,  use  and  occupancy  of  dwellings,  regulation  of,  p.  605, 

Act  431b. 
Maintenance,    use    and    occupancy    of    premises    and   land    on    which 

located,  regulation  of,  p.  605,  Act  431b. 
Plumbing.     See  Plumbing. 
School.     See  Schools. 
Set-back  lines  for  buildings,  fixing  and  establishing  of,  p.  604,  Act 

431a. 
State  dwelling-house  act  of  1917,  p.  605,  Act  431b. 
T^niversity  of  California,  for.     See  University  of  California. 

BURDEN  OF  PROOF.     See  Evidence. 

BUREAU  OF  CRIMINAL  IDENTIFICATION. 

Clerk   and   employees,   ai)poinlment,    qualifications   and   compensation 

of,  p.  647,  Act  S63a. 
Creation,  powers  and  duties  of,  p.  647,  Act  863a. 
Repeal  of  act  of  1905  creating,  p.  647,  Act  863. 

BUREAU  OF  LABOR  STATISTICS.     See  Labor  Commissioner. 

BUREAU  OF  VITAL    STATISTICS.     See  Vital  Statistics. 

BURGLARY. 

Explosives,  with,  punishment  of,  p.  105,  §  464. 
Explosives,  with,  what  constitutes,  p.  105,  §464. 

BURIAL.     Sic  Cemeteries. 

BURNT  OR  DESTROYED  RECORDS  OR  DOCUMENTS. 

I'lst.'ilili^hnieiit  or  ijuietiiig  title  in  case  of,  p.  GIG,  Act  436. 


INDEX.  1-111 

BUSINESS. 

Licenses  ou.     See  Licenses. 

Sale  of  stock  in  trade,  recording  notice  of,  p.  100,  §  .3440. 

BUTCHER  BIRDS.     Sec  Game  Laws. 

BUTTE  COUNTY. 

Assessor,  deputies,  number,  appointment  and  salaries,  p.  429,  §  4248, 
subd.  7. 

Assessor,  salary,  commissions  and  fees  of,  p.  429,  §  4248,  subd.  7. 

Auditor,  salary  of,  p.  429,  §  4248,  subd.  4. 

Board  of  education,  compensation  and  mileage,  p.  429,  §  4248,  subd.  lii. 

Charter  of,  p.  616,  Act  444. 

Constables,  population  of  townships,  how  determined  for  fixing  sal- 
aries of,  p.  429,  §  4248,  subd.  13. 

Constables,  salaries  and  fees  of,  p.  429,  §  4248,  subd.  13. 

Coroner,  fees  of,  p.  429,  §  4248,  subd.  9. 

County  clerk,  deputy,  appointment  and  salary,  p.  429,  §  4248,  subd.  1. 

County  clerk,  salary  and  allowances  of,  p.  429,  §  4248,  subd.  1. 

District  attorney,  assistant,  salary  of,  p.  429,  §  4248,  subd.  8. 

District  attorney,  salary  of,  p.  429,  §  4248,  subd.  8. 

District  attorney,  stenographer,  appointment  and  salary,  p.  429, 
§  4248,  subd.  8. 

.Turors,  grand,  fees  and  mileage,  p.  429,  §  4248,  subd.  16. 

Jurors,  trial,  fees  and  mileage,  p.  429,  §  4248,  subd.  16. 

Justices,  population  of  townships,  how  determined  for  fixing  salaries 
of,  p.  429,  §  4248,  subd.  13. 

.Justices,  salaries  and  fees  of,  p.  429,  §  4248,  subd.  13. 

Population  of  townships,  how  determined,  p.  429,  §  4248,  subd.  13. 

Provisions  of  code,  when  become  operative,  p.  429,  §  4248,  subd.  17. 

Probation  otRcer  and  salary  of,  p.  955,  Act  1770a,  §  19i. 

Public  administrator,  fees  of,  p.  429,  §  4248,  subd.  10. 

Recorder,  copyist,  appointment  and  salary,  p.  429,  §  4248,  subd.  3. 

Recorder,  salary  of,  p.  429,  §  4248,  subd.  3. 

Sheriff,  salary  of,  p.  429,  §  4248,  subd.  2. 

Superintendent  of  schools,  deputy,  appointment  and  salary,  p.  429, 
§  4248,  subd.  11. 

Superintendent  of  schools,  salary  and  expenses  of,  p.  429,  §  4248, 
subd.  11. 

Supervisors,  mileage  as  road  commissioner,  p.  429,  §  4248,  subd.  14. 

Supervisors,  salary  of,  p.  429,  §  4248,  subd.  14. 

Surveyor,  fees  of,  p.  429,  §  4248,  subd.  12. 

Tax  collector,  salary  of,  p.  429,  §  4248,  subd.  6. 

Treasurer,  salary  of,  p.  429,  §  4248,  subd.  5. 

BUTTER. 

Eegulation  of  production  and  sale  of,  p.  617,  Act  473. 
Renovated  or  imitation,  regulation  of  production  and  sale  of,  p.  617, 
Act  473. 

BY-LAWS. 

Reclamation  district,  for  government  of,  p.  281,  §  3452. 


1412  INDEX. 

0 

CALAVERAS  COUNTY. 

Probation   officer  and   t>alar_v   of,  p.   956,   Act   1770a,  §  19m. 

CALIFORNIA  HIGHWAY  COMMISSION. 

Creation,  powers,  duties,  employees  and  salaries,  p.   1240,  Act  3812. 

CALIFORNIA  IRRIGATION  ACT.     See  Irrigation. 

Formation  of  ^Yater  districts  under  and  powers  of,  p.  917,  Act   1732i. 

CALIFORNIA  IRRIGATION  DISTRICT  ACT.     See  Irrigation. 

Act  Ivuown  as,  p.  900,  Act  172(5. 

CALIFORNIA  REDWOOD  PARK. 

Appropriation   for   purchase  of  additional  land,  p.  622,   Act  508. 

CALIFORNIA  SCHOOL  FOR  DEAF  AND  BLIND. 

Improvement  of  grounds  at  Berkeley,  p.  65.5,  Act  895b. 

CALIFORNIA  SCHOOL  FOR  GIRLS. 

Amendment  of  act  establisliiug,  p.  623,  Act  511b. 

CALIFORNIA   STATE   NAUTICAL  SCHOOL. 

Establishment  of,  p.^lbU,  Act  2436. 

CALIFORNIA  STATE  REFORMATORY. 

("ontrol  and  management  of  land  purchased  for,  p.  624,  Act  512a. 

CAMPS. 

Acquiring  lands  by  counties  for  army  camps  and  conveying  to  United 
States,  p.  643,  Act  806. 

CANALS. 

Assessment  of  water  ditches,  p.  309,  §  3663. 

Rivers,  canalization  of,  surve3-s  and  report  on,  p.  1246,  Act  3818b. 

Screens  before  to  protect  fish,  provision  relating  to,  p.  123,  §629. 

CANCELLATION. 

X('i,f(]tiable  instrument,  of.     See  Negotiable  Instruments. 

CANDIDATES.     Sec  Elections. 

CAPITOL. 

Superintendent  of,  appointees,  salaries  of  and  how  paid,  p.  179,  §  718. 

Superintendent  of,  employees  of,  enumerated,  p.  179,  §718. 

Sniierintcndent  of,  employees,  what   may  appoint,  p.   179,  §  718. 

CAR-LOANING  COMPANIES. 

Franchise   tax    for  stale   jmrposes   in.     See   State   Board  of  Equaliza- 
tion. 

CARMICHAEL  IRRIGATION  DISTRICT. 

l''(M-niatiijii  of  \ali<lat«'d,  p.  ^'.is.  Act   1  725e. 

CARQUINEZ  STRAITS. 

hispoi-itioii   of   |.r()]i(Mty  on.  ji.  625,  Act  542b. 

CARRIERS. 

Franchise  tax   Cor  slate   purposes  on.     See  State  Board  of  Equaliza- 
tion, 
liailroads.      See    Railroads. 


INDEX.  1413 

CARRIERS  OF   GOODS. 

Automobiles,  regulation  of  carrying  of  property  for  liire  bv,  ]>.  1109, 
Act  233ia. 

CARRIERS  OF  PASSENGERS. 

Automobiles,  regulation  of  earrving  of  passengers  for  hire  by,  p.  1109, 

Act  2331d. 
Ticket,  pass,  mileage  or  commutation-book  or  coupon,  etc.,  sale  of  by 

any  but  original  issuer  a  misdemeanor,  p.   llio,  §  4S3. 

CATFISH.     See  Game  Laws. 

CATS. 

Ringtail.     8ee  Game  Laws. 
Wild.     See  Game  Laws. 

CATTLE.     See  Dairies. 

Brands,  registration  of,  p.  548,  Act  184a. 

Cattle  protection   board,  creation,  powers,   duties  and  compensation, 

p.  548,  Act  184a. 
Inspection  of  cattle  and  cattle  hides  for  marks  and  brands,  p.  548, 

Act  184a. 
Inspection  of  cattle  slaughtered  for  food,  p.  715,  Act  1206. 
License  and  inspection  fees,  collection  of,  p.  548,  Act  184a. 
License  of  cattle  slaughterers,  p.  548,  Act  184a. 
Licensing  sellers  of  meat,  p.  548,  Act  184a. 

Penalties  for  violation  of  act  for  protection  of,  p.  548,  Act  184a. 
Protection  fund,  creation  of,  p.  548,  Act  184a. 
I  rotection  of  breeders  and  growers  from  theft,  p.  548,  Act  184a. 

CAVALRY.     See  National  Guard. 

CEMETERY. 

Burial  and  disentermeiit  permits,  issuance  and  registration  of,  p.  1358, 
Act  4302. 

Exhumation  and  removal  of  remains,  protection  of  health  from  in- 
fection caused  by,  p.  625,  Act  545. 

Removal  of  bodies  from  cemetery  of  Stockton  State  Asylum  and  dis- 
position of,  p.  842,  Act  1635b. 

Undertakers  and  sextons,  duties  in  relation  to  registration  of  deaths, 
p.  1358,  Act  4302. 

CERTIFICATES. 

School.     See  Schools. 

CHARITIES. 

Bequests  or  devises  to,  restrictions  upon,  p.  54,  §  1313. 

CHARTERS. 

Particular  cities  or  counties,  of.     See  particular  city  or  county. 

CHECKS. 

Acceptance  of  discharges  drawer  and  indorsers  from  liability,  p.  98, 

§  3265d. 
Assignment,  does  not  operate  as,  p.  98,  §  3265e. 
Bank  not  liable  until  accepted  or  certified,  p.  98,  §  3265e.- 
Bill  of  exchange,  check  is,  p.  97,  §  3265a. 

Bill  of  exchange,  rules  applicable  to  apply  to  checks,  p.  97,  §  3265a. 
Certification  of  discharges  drawers  and  indorsers  from  liability,  p.  98, 

§  3265d. 


1414  INDEX. 

CHECKS  (Continued). 

Certification  of  equivalent  to  acceptance,  p.  98,  §  3265c. 
Defined,  p.  97,  §  3265a. 

Nonpayment  of  by  banlc,  damages  for,  p.  95,  §  3320. 
Presentment  for  payment,  time  for,  p.  98,  §  3265h. 

CHEESE. 

Eegulation  of  production  and  sale  of,  p.  G17,  Act  473. 
Renovated  or  imitation,  regulation  of  production  and  sale  of,  p.  617, 
Act  473. 

CHILDREN".     See  Infants;  Orphan  Asylums;  Parent  and  Child. 
Adoption  of.     See  Adoption. 
Illegitimate  child.     See  Legitimacy. 

CHINESE. 

Separate  schools  for  Chinese  children,  p.  221,  §  1662. 

CHIROPODISTS.     See    Medicine. 

CHURCHES.     See  Religious,  Social  and  Benevolent  Corporations. 

CITIES.     Sec  Municipal  Corporations. 

CIVIL  SERVICE.     See   Offices  and   Officers. 

Attornej^  general,  what  appointees  of  exempted  from,  p.  165,  §  475. 
Justice's  clerk  and  deputies  in  cities  and  counties  over  four  hundred 
thousand,  when   civil   service   laws  applicable   to,   p.  2,  §  86. 

CLAIM  AND  DELIVERY. 

Affidavit   misstating  value   does  not  bind  sheriff  or   deputies,   j).   11, 

§  473. 
Judgment  in  action  against  sheriff  or  sureties  should  give  real  value, 

p.  11,  §  473. 
Sheriff  may  show  true  value  in  action  against  him,  p.  11,  §  473. 
Undertaking,  action  on,  sureties  may  show  real  value,  p.  11,  §  473. 

CLAMS,     See  Game  Laws. 

CLERGYMEN. 

Witnesses,  as,  p.  33,  §  1881. 

COCKLES.     See  Game  Laws. 

COLD  STORAGE. 

Regulation  of  refrigerating  warehouses,  p.  626,  Act  624. 
Regulation  of  sale  of  food  kept  in,  p.  626,  Act  624. 
State  board  of  health,  duties  of  in  relation  to  food  kept  in,  p.  626, 
Act  624. 

COLLECTOR. 

\\'lii)    deemed    to   be    a   collectoi-   within    statute    [lunishlng   embezzle- 
ment, p.  106,  §  506a. 

COLLEGES. 

Particular  college.     See  part irnlai'  title. 

COMMISSIONER  OF  CORPORATIONS.     See  Corporations. 
COMMISSIONER   OF   LABOR.      Sec    r,abor    Commissioner. 


INDEX.  1415 

COMMON  CARRIERS. 

Automobiles,  regulation  of  carrying  of  persons  or  property  for  hire 

by,  p.  1109,  Act  2331d. 
Carriers  of  passengers.     Sec  Carriers  of  Passengers. 
Railroads.     See  Railroads. 

COMMUNITY  PROPERTY.     See  Husband  and  Wife. 

Disposition  of  in  action  for  maintenance  without  divorce,  p.  37,  §  137. 

COMMUTATION-BOOKS.     See  Carriers  of  Passengers. 

CONGRESS.     See  United  States  Senate. 

CONSERVATION   DISTRICTS. 

Act  relating  to,  p.  923,  Act  17321,  §  6b. 

CONSIDERATION. 

Negotiable  instrument,  for.     See  Negotiable  Instruments. 
Negotiable   instrument,   presumption    as    to    consideration    of,    p.    65, 
§  3105.     See  Negotiable  Instruments. 

CONSTABLES. 

Limitation  of  actions  against,  p.  10,  §  339. 

CONSTRUCTION. 

Negotiable  instruments,  of,  p.  63,  §  309S. 

CONTAGIOUS  DISEASES.     See  Public  Health. 

CONTAINERS. 

Net  container  act  relating  to  goods  sold  in,  p.  1135,  Act  2453. 

CONTRA  COSTA  COUNTY. 

Assessor,  deputies,  number,  appointment  and  salaries,  p.  416,  §  4245, 

subd.  9. 
Assessor,  no  compensation  for  collection  of  personal  property  taxes, 

p.  416,  §  4245,  subd.  9. 
Assessor,   no   compensation   for   collecting  poll   taxes   or   making   out 

military-roll,  p.  416,  §  4245,  subd.  9. 
Assessor,  salary  of,  p.  416,  §  4245,  subd.  9. 
Auditor,  deputies  and  clerks,  appointment  and  salaries,  p.  416,  §  4245, 

subd.  4. 
Auditor,  salary  of,  p.  416,  §  4245,  subd.  4. 
Bonds  of  officers  and  deputies,  cost  of,  a  county  charge,  p.  416,  §  4245, 

subd.  21. 
Constables,  determination  of  population  of  townships  for  purpose  of 

fixing  salaries,  p.  416,  §  4245,  subd.  L5. 
Constables,  salaries,  expenses  and  fees  of,  p.  416,  §  4245,  subd.  14. 
Coroner,  fees  of,  p.  416,  §  4245,  subd.  10. 

Coroner,  stenographer,  appointment  and  salary,  p.  416,  §  4245,  subd.  10. 
Coroner,   subpoenas  and   process  issued  by,   service  of  and  fees  for, 

p.  416,  §  4245,  subd.  10. 
County  clerk,  clerks,  deputies  and  assistants,  number,  enumeration  of, 

appointment  and  salaries,  p.  416,  §  4245,  subd.  1. 
County  clerk,  salary  and  allowances,  p.  416,  §  4245,  subd.  1. 
District  attornev,  deputies  and  stenographer,  appointment  and  salary, 

p.  416,  §  4245,  subd.  7. 
District  attorney,  salary,  p.  416,  §  4245,  subd.  7. 
District  attorney,  mileage  and  expenses  of,  p.  416,  §  4245,  subd.  7. 


1416  INDEX. 

CONTRA  COSTA  COUNTY  (Continued). 

Expenses  and  mileage  of  officers,  allowance  of,  p.  416,  §  4245,  subd.  22. 
Justices,  allowance  for  office  expenses,  p.  416,  §  4245,  subd.  13. 
Justices,  fines  and  fees,  payment  of  into  treasury  monthly,  and  report 

of,  p.  416,  §  4245,  subd.  13. 
Justices,  salaries,  p.  416,  §  4245,  subd.  13. 
Population    of    townships,    fixing    of    by    superyisors,    p.    416,  §  4245, 

subd.  15. 
Probation  officer  and  assistants  and  salaries  of,  p.  955,  Act   19e. 
Public  administrator,  fees  of,  p.  416,  §  4245,  subd.  11. 
Recorder,  deputy,  appointment  and  salary,  p.  416,  §  4245,  subd.  3. 
Recorder,  salary  and  allowances  of,  p.  416,  §  4245,  subd.  3. 
Sheriff,  allowance  for  feeding-  of  prisoners,  p.  416,  §  4245,  subd.  2. 
Sheriff,   deputies,   cderks,   and   employees,   salaries   of,   p.   416,  §  4245, 

subd.  2. 
Sheriff,  salary,  mileage,  expenses  and  fees,  p.  416,  §  4245,  subd.  2. 
Superintendent  of  schools,  deputies,  appointment  and  salaries,  p.  416, 

§  4245,  subd.  8. 
Superintendent  of  schools,  salary  and  expenses,  p.  416,  §  4245,  subd.  8. 
Superyisors,    fixing    of    population    of    townships    by,    p.    416,  §  4245, 

subd.  15. 
Supervisors,  salaries  and  mileage  as  supervisor,  member  of  board  of 

equalization  and  road  commissioner,  p.  416,  §  4245,  subd.  16. 
Surveyor,  assistants,  number,  appointment  and  salaries,  p.  416,  §  4245, 

subd.  12. 
Surveyor,  salary  and  expenses  of,  p.  416,  §  4245,  subd.  12. 
Tax  collector  and  license  collector,  salary,  p.  416,  §  4245,  subd.  6. 
Tax  collector,  deputj^  and  copyists,  appointment  and  salaries,  p.  416, 

§  4245,  subd.  6. " 
Treasurer,  bond  of,  p.  416,  §  4245,  subd.  5. 
Treasurer,  bond  of,  cost  of  premium  a  county  charge,  p.  416,  §  4245, 

subd.  5. 
Treasurer,  bond  of  to  be  executed  by  surety  company,  p.  416,  §  4245, 

subd.  5. 
Treasurer,  clerk,  appointment  and  salary,  p.  416,  §  4245,  subd.  5. 
Treasurer,  salary  of,  p.  416,  §  4245,  subd.  5. 

CONTRACTS. 

Limitation  of  actions  upon,  p.  9,  §  337;  p.  10,  §  339. 

CONTROL. 

1-loard  of.     See  Board  of  Control. 

CONTROLLER. 

Action   bv   to   recover  lax   on    failure  to   pay   by  corjioration,   p.   330, 

§  366'9c. 
Auditor  to  iiotif'v  of  aniount  of  taxes  charged  to  tax  collector,  p.  342, 

§3734. 
•  'Icrk    of   Hujiervisors    to    transmit    staten)ent   of   tax    rate    to,    p.   342, 

S  371 4 M, 
i)clin(iiicnt   c(ir|i(ir;iti(iiis,  duty  in  case  of,  p.  330,  §  3669c. 
Dcjiulies,  clerks  and  assistants  of  enumerated,  p.  162,  §  439. 
Inheritance   tax   department,   maintenance   of   by,   p.   163,  §445.      See 

'I'axation, 
JnluM'itancc  lax  dejiart  menl.     Sec  Taxaliiiii. 
Notice  to  of  proceedings  in  administration  of  estate,  p.  26,  §  1380. 


INDEX.  1417 

CONTROLLER   (Continued). 

Paynii-nt  by  to  cities,  counties  or  cities  and  counties  of  taxes  neces- 
sary to  pay  bonded  indebtedness,  p.  3:57,  §  367Ub;  p.  338,  §  3670c. 

Request  to  executor  for  information  as  to  administration  of  estate, 
p.  20,  §  1380. 

Salaries  of  deputies  and  assistants,  p.  1(33,  §  440. 

CONVICTS. 

Asexualization  of,  provision  for,  p.  .558,  Act  248. 
Pardons.     See  Pardons. 

COONS.     See  Game  Laws. 

COOTS.     See  Game  Laws. 

CORONER. 

Contagious  diseases,  to  report  to  state  board  of  health,  p.  278,  §  2979a. 
Deputy,  acts  as  coroner  in  absence  or  inability  of  coroner  to  attend, 

p.  349,  §  4147a. 
Deputy,  duties  and  obligations  of,  p.  349,  §  4147a. 
Disposition  of  monev  or  property  of  deceased  person,  p.  348,  §4146; 

p.  349,  §  4146a. 
Disposition  of  moneys  received  from  by  treasurer,  p.  348,  §  4115. 
Duties  in  relation  to  registration  of  deaths,  p.  1358,  Act  4302. 
Limitation  of  actions  against,  p.  10,  §  339. 

CORPORATIONS. 

Articles  of  incorporation,  amendment  of,  certificate  of   approval  by 

superintendent  of  banks,  p.  41,  §  290a. 
Assignment   or  indorsement   of   negotiable   instrument   bv,   effect    of, 

p.  64,  §  3103. 
Blue  sky  law  of  1917,  p.  881,  Act  1700. 
Banks.     See  Banks. 

Building  and  loan  associations.     See  Building  and  Loan  Associations. 
Commissioner  of  corporations,  creation  of  office,  p.  881,  Act  1700. 
Commissioner  of  corporations,  fees  of,  p.  881,  Act  1700. 
Commissioner  of  corporations,  powers,    duties   and   compensation   of, 

p.  881,  Act  1700. 
Commissioner  of  corporations,  provision  relating  to,  p.  881,  Act  1700. 
Commissioner   of   corporations,   office   and   assistants   of,  p.   881,   Act 

1700. 
Corporate  securities  act  of  1917,  p.  881,  Act  1700. 
Change  of  place  of  business,  procedure,  p.  41,  §  309. 
Change  of  place  of  business  where  no  capital  stock,  procedure,  p.  42, 

§321a. 
Debts  creating  beyond  subscribed  capital  stock,  p.  41,  §  309. 
Delinquent,  action  b}^  controller  to  recover  tax,  p.  330,  §  3669c. 
Delinquent,  dutv  of  controller,  p.  330,  §  3669c. 
Delinquent,  lists  of,  p.  330,  §  3669c. 

Directors,  change  of  iiumber  of,  right  of  and  procedure,  p.  45,  §  361. 
Directors,  change  of  number  of  where  no  capital  stock,  right  of  and 

procedure,  p.  45,  §  361. 
Directors,  liability  for  making  unlawful  dividends,  creating  excessive 

debts  or  dividing  stock,  p.  41,  §  309. 
Directors,  officers,  superintendent  or  manager,  examination  of  by  ad- 
verse party,  rules  as  to,  p.  35,  §  2055. 
Dissolution,  directors,  powers,  duties  and  liabilities  on,  p.  46,  §  400. 
Dissolution,  directors  to  be  trustees  for  creditors,  p.  46,  §  400. 


1418  INDEX. 

CORPORATIONS  (Continued). 

Dissolution,  directors,  vacancy,  what  constitutes  and  how  filled,  p.  46, 

§400. 
Dividends,  making  except  from  surplus  profits,  provision  relating  to, 

p.  41,  §  309. 
Executor,  guardian  or  trustee,  amendment  of  articles  by  corporation 

authorized  to  act  as,  approval  of  superintendent  of  banks,  p.  41, 

§  290a. 
Foreign,  designating  person  upon  whom  process  may  be  served,  p.  631, 

Act  756. 
Foreign,  liability  of  stockholders  in,  p.  43,  §  322. 
Foreign,  repeal  of  provisions  of  code  relating  to,   p.  47,  §§  405,  406, 

408,  409,  410. 
Foreign,  terms  and  conditions  of  doing  business  in  this  state,  p.  631, 

Act  756. 
Franchise  tax.     See  Franchises;    State  Board   of   Equalization. 
Franchises,  taxation  of.     See  State  Board  of  Equalization. 
Franchise   tax,   failure   to   pay,   forfeiture   of   rights   and   revivor   of, 

p.  330,  §  3669c;  p.  333,  §  3669d. 
Franchise  tax  for  state  purposes  on.     See  State  Board  of  Equaliza- 
tion. 
Franchise  tax   on,   dissolution   of   not  to  be   granted  until  tax  paid, 

p.  327,  §  3668c. 
Franchise   tax  upon,  not   to  be   discharged  in  bankruptcy  until   tax 

paid,  p.  327,  §  366Sc. 
Industrial  loan  companies,  incorporation,  powers  and  supervision  of, 

p.  640,  Act  777. 
Insurance   corporations.     See   Insurance   Companies. 
License  tax  exemption  board,  who  constitute  and  proceedings  before, 

p.  631,  Act  756. 
License  tax,  exemption  from,  p.  631,  Act  756. 
License  tax,  failure   to  pay,  forfeiture   and  restoration,   p.   631,   Act 

756. 
License  tax,   forfeiture  for  failure  to   pay,  directors,  powers,  duties 

and  liability,  p.  46,  §  400. 
License   tax,  forfeiture  for  failure   to   pay,  directors,  vacancy,  what 

constitutes  and  how  filled,  p.  46,  §  400. 
License  tax  upon,  p.  631,  Act  756. 

Limited  liability  corporations,  formation  of,  p.  43,  §  322. 
Limitation   of   action   to   invalidate   action   of   trustees   of    dissolved 

corporation,  p.  10,  §  341. 
Limitation  of  action  to  recover  stock  sold  for  delinquent  assessment, 

p.  10,  §341. 
Members  of  corporation  without  capital  stock,  liability  of,  for  debts 

p.  43,  §322. 
Records,  ayes  and  noes,  taking  and  recording  of,  p.  45,  §  377. 
Records,  how  kept  and  what  to  embrace,  p.  45,  §  377. 
Records,   inspection    of   by   legislative    commission,   board    or   officer, 

right  of,  p.  45,  §  377. 
Records,  inspection   of,  refusal   of  right   to  stockholder  with   hostile 

intent,  p.  45,  §  377. 
Records,    protest    of    director,    m(>Mi])er    or    stockholder,    entering    of, 

p.  45,  §  377. 
Records,  right  of  inspection  by  stockholders,  generally,  p.  45,  §  377. 
Records,  stock   and   transf(;r  Ijook,  duty  to  keep  and  what  to  show, 

p.  46,  §  378. 


INDEX.  1419 

CORPORATIONS  (Continued). 

Records,  stock  and  transfer  book,  right  of  inspection  of,  p.  46,  §  378. 

Records,  wliat  to  be  kept,  p.  45,  §  377. 

Religious,  social  and  benevolent  associations.  See  Religious,  Social 
and  Benevolent  Associations. 

Reports  as  to  state  board  of  equalization  by  secretary  of  state  p.  320, 
§  3C66C. 

Shares  of  stock  have  no  intrinsic  value  over  actual  value  of  corpo- 
rate property,  p.  306,  §  3608. 

State  corporation  department,  creation  of,  p.  881,  Act  1700. 

Stock  and  transfer  book,  duty  to  keep  and  what  to  show,  p.  46,  §  378. 

Stock  and  transfer  book,  right  of  inspection  of,  p.  46,  §  378. 

Stock,  dividing,  withdrawing  or  paying  to  stockholders,  p.  41,  §  309. 

Stock,  division  or  distribution  of  after  debts  paid  or  after  dissolu- 
tion or  after  term  expired,  p.  41,  §  309. 

Stockholders,  creditors  may  bring  joint  and  several  actions,  p.  43, 
§322. 

Stockholders  in  corporations  using  word  "limited,"  liability  of,  p.  43, 
§322. 

Stockholder  in  corporation  using  name  "limited"  paying  debts,  rights 
of,  p.  43,  §  322. 

Stockholders  in  foreign  corporations,  liability  of,  p.  43,  §  322. 

Stockholders,  liability  of,  effect  of  transfer  of  stock,  p.  43,  §  322. 

Stockholders,  liability  of  for  debts,  p.  43,  §  322. 

Stockholders  of  bank  or  trust  company,  liability,  insolvency  of  cor- 
poration does  not  affect,  p.  11,  §  348. 

Stockholders,  who  liable  as  in  action  by  creditors,  p.  43,  §  322. 

Stock  in  not  taxable,  p.  306,  §  3608. 

Stock  without  a  nominal  or  par  value,  issuance  of,  act  relating  to, 
p.  627,  Act  755. 

Stock  without  a  nominal  or  par  value,  issuance  of  by  public  utility 
corporations,  p.  629,  Act  755a. 

Taxation  of.     See  Taxation. 

Trust  funds  invested  in  stock,  liability  for  debts,  p.  43,  §  322. 

COSTS. 

Partial  distribution  of  estate,  on  proceedings  for-,  p.  31,  §  1663. 
Partial  distribution  of  estate,  costs  in  case  partition  necessary,  p.  31, 
§  1663. 

COTENANCY. 

Death  of  joint  tenant,  proceedings  for  termination  of  interest,  p.  32, 

§  1723. 
Partition.     See  Partition. 

COTTON-TAIL  RABBIT.     See  Game  Laws. 

COUG-ARS.     See  Game  Laws. 

COUNSEL  OF  DEFENSE. 

State.     See  War. 

COUNTIES. 

First  class.     See  Los  Angeles  County. 
Second  class.     See  San  Francisco. 
Third   class.     See  Alameda   County. 
Fourth  class.     See  Santa  Clara  County. 
Fifth  class.     See  Fresno  County. 


1420  INDEX. 

COUNTIES    (Continued). 

Sixth  class.     See  Sacramento  County. 
Seventh  class.     See  San  Diego  County. 
Eighth  class.     See  San  Bernardino  County. 
Ninth  class.     See  San  Joaquin  County. 
Tenth  class.     See  Sonoma  County. 
Eleventh  class.     See  Kern  County. 
Twelfth  class.     See  Tulare  County. 
Thirteenth  class.     See  Riverside  County. 
Fourteenth  class.     See  Orange  County. 
Fifteenth  class.     See  Humboldt  County. 
Sixteenth  class.     See  Contra  Costa  County. 
Seventeenth  class.     See  Santa  Barbara  County. 
Eighteenth  class.     See  Solano  County. 
Nineteenth  class.     Sec  Butte  County. 
Twentieth  class.     See  San  Mateo  County. 
Twent}^  first  class.     See  Santa  Cruz  County. 
Twenty-second  class.     See  Marin  County. 
Twenty-third  class.     See  Monterey  County. 
Twenty-fourth  class.     See  Mendocino  County. 
Twenty-fifth  class.     See  Stanislaus   County. 
Twenty-sixth  class.     See  Napa  County. 
Twentj'-seventh   class.     See  San  Luis  Obispo   County. 
Twenty-eighth  class.     See  Shasta  County. 
Twenty-ninth  class.     See  Siskiyou  County. 
Thirtieth  class.     See  Ventura  County. 
Thirty-first  class.     See  Placer  County. 
Thirty-second  class.     See  Kings  County. 
Thirty-third  class.     See  Merced  County. 
Thirty-fourth  class.     See  Nevada  County. 
Thirty-fifth  class.     See  Yolo  County. 
Thirty-sixth  class.     See  Imperial  County. 
Thirty-seventh  class.     See  Tehama  County. 
Thirty-eighth  class.     See  Yuba  County. 
Thirty-ninth  class.     See  Tuolumne  County. 
Fortieth   class.     See   Calaveras  County. 
Forty-first  class.     See  Amador  County. 
Forty-second  class.     See  Madera  County. 
Forty-third  class.     See  San  Benito  County. 
Forty-fourth  class.     See  Colusa  County. 
Forty-fifth  class.     See  El  Dorado  County. 
Forty-sixth  class.     See  Glenn  County. 
Forty-seventh   class.     See  Inyo   County. 
Forty-eighth  class.     See  Sutter  County. 
Forty-ninth  class.     See  Modoc  County. 
Fiftieth  class.     See  Lake  County. 
Fifty-first  class.     See  Plumas  County. 
Fifty-second  class.     See  Lassen  County. 
Fifty-third  class.     See  Sierra  County. 
I'ifty-foartli   class.     See   Mariposa  County. 
Fifty-fifth  class.     See  Trinity  County. 
Kifty-sixtli  class.     See  Del  Norte  County. 
Kifty-seventh  class.     See  Mono  County. 
Fifty-eighth  class.     See  Alpine  County. 

.\c(|uiriiig  lands  i)y   for  army  camps  and  convcyiiig  to  riiit('<|  States, 
p.  ar.i,  Act  Hoij. 


INDEX.  1421 

COUNTIES     (Continued). 

Automobiles,  regulation  of  carrying  of  persons  or  property  for  hire 

by,  p.  1109,  Act  2331d. 
Bonded   indebtedness,    payment   to    counties    by    controller    of    taxes 

necessary  to   pay  bonded   indebtedness,   p.   337,  §  3670b;    p.   338, 

§  3670c. 
Boundaries,  county.     See  County  Boundaries. 
Officers,  resignations,  how  and  to  whom  made,  p.  180,  §  995. 
Paupers,  maintenance  of,  duty  of  supervisors,  p.   1140,  Act  2631. 
Eeimbursement  of  districts  in  counties  for  losses  from  separation  of 

state  and  county  taxes,  p.  340,  §  3671b. 
Eeimbursement  of  for  loss  of  railroad  taxes  on  separation  of  state 

and  county  taxes,  p.  339,  §  3671. 
Tax  rate.     See  Taxation. 

COUNTY  BOARDS  OF  EDUCATION.     See  Schools. 

COUNTY  BOUNDARIES. 

Kern  and  San  Bernardino,  between,  p.  646,  Act  826b. 
Lake  and  Mendocino,  between,  p.  646,  Act  826c. 
Mendocino  and  Sonoma,  between,  p.  646,  Act  826a. 

COUNTY  FIRE  INSURANCE  COMPANIES.     See  Insurance  Companies. 

COUNTY   HORTICULTURAL    COMMISSIONER.     See    State    Board    of 

Horticultural   Examiners. 
Appointee  of  state  board  of  horticultural  examiners,  supervisors   to 

provide  for  compensation  and  expenses,  p.  262,  §  2322. 
Appointment  by   state  board   of  horticultural   examiners,   consulting 

resident  horticulturalists  in  making,  p.  262,    §  2322. 
Appointment    of,    failure    or    refusal    of   supervisors    to    make,    state 

board  of  horticultural  examiners  to  make,  p.  262,  §  2322. 
Appointment  of  from  list  of  eligibles  named  by  state  commissioner 

of  horticulture,  p.  262,  §  2322. 
County  board  ceases  to   exist  on  provision  for  county   horticultural 

commissioner,  p.  262,  §  2322. 
Disqualifying  by  state  board  of*  horticultural  examiners  on  petition 

of  freeholders,  p.  262,  §  2322. 
Duties  of,  p.  265,  §  2322a. 

Duty  on  discovery  of  plant  disease  or  pest,  p.  260,  §  2319d. 
Duty  to  advise  himself  as  to  plant  diseases,  insects,  pests,  et;c.,  p.  268, 

§  2322e. 
Existing  boards  continue  to  exist  until  appointment  of  county  horti- 
cultural commissioner,  ]).  262,  §  2322. 
Expenses,  allowance  and  payment  of,  p.  262,  §  2322. 
Expiration  of  office,  submitting  new  list  of  eligibles  by  state  board 

of  horticultural  examiners,  p.  262,  §  2322. 
Fumigators   and   spravers,   rules    and   regulations   governing,    p.   265, 

§  2322a. 
Infected  shipments  declared  a  public  nuisance,  p.  270,  §  2322h. 
Infected  shipments,  proceedings  in  case  of,  p.  270,  §  2322h. 
Infectious   diseases  or  pests  on  public  property",  cost  of  eradication 

a  public  charge,  p.  265,  §  2322a. 
Manifests  showing  contents  of  shipments  and  locality  where  grown, 

p.  269,  §  2322g. 
Marking  of  shipments  into  state  of  nurserv  stock,  plants,  etc.,  p.  269, 

§  2322g. 


1422  INDEX. 

COUNTY  HORTICULTURAL  COMMISSIONER  (Continued). 

Meetings  of  liorticultural  commissioners,  compensation  and  expense 
while  attending,  p.  268,  §  2322e. 

Meetings  of  horticultural  commissioners,  duty  to  attend,  p.  268, 
§  2322c. 

Notice  to  owners  of  infected  or  infested  districts  to  eradicate  or 
destroy,  p.  265,  §  2322a. 

Notice  of  infected  district,  service  of  in  case  of  public  property, 
p.   265,  §  2322a. 

Notice  of  infected  district,  service  where  owner  a  nonresident  or 
cannot  be  found,  p.  265,  §  2322a. 

Notice  of  infected  district,  service  where  property  encumbered, 
p.  265,  §  2322a. 

Offices,  furniture,  supplies  and  field  equipment,  p.  262,  §  2322. 

Penalty  for  violation  of  act,  p.  271,  §  2322j. 

Petition  for  appointment  of  by  horticulturalists  and  duty  of  super- 
visors on  receiving,  p.  262,  §  2322. 

Public  nuisances,  expenses  of  abating  a  county  charge  and  paid  out 
of  general  funds,  p.  265,  §  2322a. 

Public  nuisance,  expense  of  abating  a  lien  against  owner,  p.  265, 
§  2322a. 

Public  nuisance,  expense  of  abating,  lien  for,  foreclosure  and  dis- 
tribution of  proceeds,  p.  265,  §  2322a. 

Public  nuisance,  expense  of  abating,  lien  for,  how  enforced,  p.  265, 
§  2322a. 

Public  nuisance,  may  abate  summarily,  p.  265,  §  2322a. 

Public  nuisances,  places  infested  or  where  noxious  wee  Is  are  grow- 
ing declared  to  be,  p.  265,  §  2322a. 

Public  nuisance,  places  infested  with  gophers  or  squirrels  or  other 
predatory  anirfials,  p.  265,  §  2322a. 

Public  nuisance,  places  infested  with  gophers  or  squirrels,  abate- 
ment of,  p.  265,  §  2322a. 

Public  nuisances,  to  abate,  p.  265,  §  2322a. 

Qualifications  of,  p.  262,  §  2322. 

Quarantine  guardians,  as,  issuing  commissions  to  by  state  horticul- 
tural commissioner,  p.  58,  §  2319. 

Eecord  of  proceedings,  p.  268,  §  2322c. 

Eeferences  to  county  boards  of  horticultural  commissioners  mean 
county  horticultural  commissioner,  p.  262,  §  2322. 

Report,  annual,  to  state  commissioner  in  horticulture,  p.  268,  §  2322c 

Salaries  and  expenses  of  commissioner,  deputies  or  inspectors,  p.  269, 
§  2322d. 

Term  of  office,  p.  262,  §  2322. 

Vacancies  in  office,  filling  of,  p.  262,  §  2322. 

COUNTY  TREASURER.     See  Treasurer,   County. 
COUNTY  WATER  DISTRICTS.     See  Water  Districts. 
COURT-MARTIAL.     Rer    National  Guard. 

COURTS. 

District  courts  of  apfx-al.     See  District  Courts  of  Appeal. 
.Tuvcnilo  court.     Sec?  Juvenile  Court. 
Military.     See  National  Guard. 
Police.     See  Police  Courts. 

Sale  or  morlgage  by  order  of,  change  of  possession  not  necessary, 
p.  100,  §  3440. 


INDEX.  1 42:{ 

CRABS.     Sec  Game  Laws. 
CRAPPIE.     See  Game  Laws. 
CRANE.     See  Game  Laws. 

CRIMINAL  LAW. 

Bureau    of    criminal    identification.     Sec    Bureau    of    Ciiiniual     FiUmi- 

titication. 
Deadly  weapons.     See  Deadly  Weapons. 
Juvenile  court  law.     See  Juvenile  Court  Law. 
Pardons.     See  Pardons. 
Whittier   State   School.     See   Whittier   State   School. 

CROAKER.     See  Game  Laws. 

CROPS.     See  Growing  Crops. 

CIROSS-EXAMINATION. 

Witnesses,  of.     See  Witnesses. 

CURLEWS.     See  Game  Laws. 

CURATIVE  ACTS. 

Deeds  referring  to  defective  maps  validated,  p.  98.3,  Act  2066. 
Defects  in  maps  filed  before  January  1,  1917,  validated,  p.  983,  Act 
2066. 


DAIRIES. 

Butter.     See  Butter. 

Cheese.     See  Cheese. 

Deception  and  fraud  in  production  and  sale  of  dairy  products,  pre- 
vention of,  p.  617,  Act  473. 

Manufacture  and  sale  of  dairy  products  from  unhealthy  animals,  pre- 
vention of,  p.  617,  Act  473. 

Milk.     See  Milk. 

DAMAGES. 

Check,  nonpayment  of  by  bank,  damages  for,  p.  99,  §  3320. 

DAMS. 

Department  of  engineering  given  authority  over,  p.  1246,  Act  3818b. 

Fishways  around  or  over,  provision  for,  p.  140,  §  637. 

Fishways  or  fish  ladders,  proceedings  where  dam  too  high  for,  p.  140, 

§  637. 
Hatchery  in  lieu  of  fishways  or  ladders,  p.  140,  §  637. 
Ladders  over  for  fish,  provision  relating  to,  p.  140,  §  637. 
Regulation  of  construction  of,  p.  1246,  Act  3818b. 

DATE. 

Negotiable  instrument,  of.     See  Negotiable  Instruments. 

DAYS  OF  GRACE. 

Not  allowed,  p.  77,  §  3166. 

DEADLY  WEAPONS. 

Act  regulating  carrying,  possession,  sale  or  disposition  of,  p.  651, 
Act  889. 


1424  INDEX. 

DEADLY  WEAPONS  (Continued). 

Carrying  or  possession  of  in  cities  prohibited,  p.  651,  Act  889. 
Destruction  of  as  nuisances,  p.  651,  Act  889. 
Eegistering  of  sales  of,  provision  for,  p.  651,  Act  889. 
Use  of  against  another  a  felony,  p.  651,  Act  889. 

DEAF  AND  BLIND. 

California  school  for,  improvements  of  grounds  at  Berkeley,  p.  655, 
Act  895b. 

DEATH.     See   Vital    Statistics. 

Action  for  as  consent  to  physician  or  surgeon  testifying,  p.  33,  §  1881. 

DEBTOR  AND  CREDITOR. 

Change  of  possession  not  necessary  on  transfer  of  exempt  property, 
p.  100,  §  3440. 

Sale  of  stock  in  trade,  recording  notice  of,  p.  100,  §  3440. 

Transfer  of  personalty  without  change  of  possession  presumed  fraud- 
ulent, p.  100,  §  3440. 

DEEDS. 

Alienation,  power  of,  how  long  may  be  suspended,  p.  53,  §  715. 
'  Community  property,  deed  bv  husband  alone,  presumption  of  validity 

of,  p. '38,  §  172a. 
Comn'iunity  property,  limitation  of  action  to  recover  after  deed  by 

husband  alone,  p.  38,  §  172a. 
Community  property,  wife  must  join  in  conveyance  of,  p.  38,  §  172a. 
Deeds  referring  to  clefective  maps   validated,   p.  983,   Act  2066. 
Tax.     See  Taxation. 

DEEDS   OF   TRUST.     See   Trust   Deeds. 

DEER.     See  Game  Laws. 

DE  FACTO  OFFICERS.     See  Officers. 

DEFAULT. 

Relief  against,  application  to  be  accompanied  by  answer,  p.  11,  §  473. 

Relief  against,  grounds  for,  p.   11,  §  473. 

Relief  against,  power  of  court  as  to,  p.  11,  §  473. 

Relief  against,  time  for  ajiplication  for,  p.   11,  §  473. 

DEFENSE. 

Stat(>    ('oniicil    of.     See   War. 

DEFENSE   GUARD. 

'rcatidii,   ciiiitrdl,   compensation   and    duties,   ]i.    1060,   Act   2203. 

DEFINITIONS.      See  Words  and  Phrases. 
.Vcceptance,  p.  98,  §  3266. 

Acceptance,  general,  of  bill    of  exchange,   ]).   88,  §  3220. 
Acceptance  of  bill  of  exchange,   ]>.  87,  §  3213. 
Acceptance,  (pialifiefl,  of  bill  of  exchange,  ]).  88,  §  3220. 
.Accoinmodation  i)artv  to  negotialjle  instrument,  )).  65,  §  3110. 
Action,  p.  98,  §  ;'.2(;().' 
Agent,  p.   106,  §  5()6a. 
Bank,  p.  98,  §  3266. 
Hearer,  p.  98,  §  3266. 
Hill,  p.  98,  §  3266. 
IJiil   of  exchange,  p.  86,  §  3207. 


INDEX.  1425 

DEFINITIONS  (Continued). 

Bill  of  exchange,  foreign,  p.  86,  §3210. 

Bill  of  exchange,  inland,  p.  80,  §  3210. 

Checks,  p.  97,  §  oL'G.ja. 

Collector,  p.  106,  §  506a. 

Delivery,  p.  98,  §  3266. 

Ferry,  p.  308,  §  3643. 

Grand  jury,  p.  5,  §  192. 

Gross  receipts  from  operation,  p.  313,  §  366oa. 

Holder,  p.  98,  §  3266. 

Holder  in   due  course,  p.  70,  §  3133. 

Indorsement,  p.  98,  §  3266. 

Indorsement,  blank,  p.  67,  §  3115. 

Indorsement,  special,  p.  67,  §  3115. 

Instrument,  p.  98,  §  3266. 

Issue,  p.  98,  §  3266. 

Jury,  p.  5,  §  190. 

Mutual  water  company,  p.  952,  Act  1732k. 

Operative  property,  p.  314,  §  3665b. 

Person,  p.  98,  §  3266. 

Private  irrigation  plant,  p.  952,  Act  1732k. 

Promissory  note,  p.  97,  §  3265. 

Eeal  estate  agents,  brokers,  salesmen,  of,  i").  539,  Act  60. 

Salmon,  p.  136,  §  634,  subd.  12. 

Spike  buck,  p.  112,  §  626e. 

Subsidiary  companies,  p.  316,  §  3665c. 

Trial  jury,  p.  6,  §  193^ 

Value,  p.  98,  §  3266. 

Writing,  p.  98,  §  3266. 

Written,  p.  98,  §  3266. 

DELINQUENCY.     See  Franchises;  Taxation. 

Corporation    failiijig    to    pay   franchise    tax,    forfeiture    and    revivor, 
p.  330,  §  3669c;  p.  333,  §  3669d. 

DELIVERY. 

Meaning  of,  p.  98,  §  3266. 

Negotiable  instrument,  of.     See  jSTegotiable  Instruments. 

DEL  NORTE  COUNTY, 

Assessor,  salary  of,  p.  519,  §  4285,  subd.  7. 

Auditor,  salary  of,  p.  519,  §  4285,  subd.  4. 

Constables,  fees  of,  p.  519,  §  4285,  subd.  14. 

Coroner,  fees  of,  p.  519,  §  4285,  subd.  9. 

County  clerk,  deputy,  appointment  and  salary,  p.  519,  §  4285,  subd.  1. 

County  clerk,  salary  and  allowances  of,  p.  519,  §  4285,  subd.  1. 

District  attorney,  salary  and  fees  of,  p.  519,  §  4285,  subd.  8. 

Jurors,  grand,  fees  and  mileage,  p.  519,  §  4285,  subd.  17. 

Jurors,  trial,  fees  and  mileage,  p.  519,  §  4285,  subd.  17. 

Justices,    classification    of    townships    for    purpose    of   fixing   salaries, 

p.  519,  §4285,  subd.  13. 
Justices,   fees   received   by   to   be  paid   into   treasury,   p.   519,  §4285, 

subd.  13. 
Justices,  salaries  of  and  how  paid,  p.  519,  §  4285,  subd.  13. 
Justices,  supervisors  to  furnish  codes,  legal  blanks,  stationery,  etc., 

to,  p.  519,  §  4285,  subd.  13. 
90 


1426  INDEX. 

DEL  NORTE   COUNTY    (Continued). 

Official  reporter,  salary  and  fees  of,  p.  519,  §  42S5,  subd.  16. 

Public  administrator,  fees  of,  p.  519,  §  4285,  subd.  10. 

Recorder,  copyist,  appointment  and  salary  of,  p.  519,  §  4285,  subd.  3. 

Recorder,  salary  of,  p.  519,  §  4285,  subd.  3. 

Sheriff,  jailer,  appointment  and  salary  of,  p.  519,  §  4285,  subd.  2. 

Sheriff,  salary  of,  p.  519,  §  4285,  subd".  2. 

Superintendent  of  schools,  salary  of,  p.  519,  §  4285,  subd.  11. 

Supervisors,  salary  and  mileage  of,  p.  519,  §  4285,  subd.  15. 

Surveyor,  fees  of,  p.  519,  §  4285,  subd.  12. 

Tax  collector,  salary  of,  p.  519,  §  4285,  subd.  6. 

Treasurer,  salary  of,  p.  519,  §  4285,  subd.  5. 

DEMAND.     See  Bills  and  Notes. 

DEMURRER. 

Time  for,  power  of  court  to  enlarge,  p.  11,  §  473. 

DEPARTMENT   OF   ENGINEERING.     See   State   Engineering. 

DEPARTMENT  OF  PUBLIC  ACCOUNTING. 

Under  board  of  control.     See  Board  of   Control. 

DEPOSITIONS. 

Militarv    courts    may   issue    commissions   to   take   testimony,    p.   247, 

§  2023. 
Out  of  state,  application  for,  notice  of,  p.  35,  §  2024. 
Out  of  state,  application  for,    who  may  make,  p.  35,  §  2024. 
Out  of  state,  commission,  certificate  to  when  issued  by  justice,  p.  35, 

§  2024. 
Out  of  state,  commission  to  take,  how  issued,  p.  35,  §  2024. 
Out  of  state,  commission  to  take,  to  whom  directed,  p.  35,  §  2024. 
Out  of  state,  how  taken,  p.  35,  §  2024. 
Out  of  state,  notice  of  taking,  time  of,  p.  35,  §  2024. 

DESCENT. 

Escheat.     See  Escheat. 

DEVISES.     See  Estates  of  Decedents;  Wills. 

DINING-CAR  COMPANIES. 

Franchise  tax  for  state   purposes  on.     Sec  State  Board  of  Equaliza- 
tion, 

DIPLOMAS.     See  Schools. 

Noniial  school,  revocation  of,  grounds  for,  p.  190,  §  1489,  subd.  IL. 

School.     See  Schools. 
DIRECT  LEGISLATION.     See  Initiative;  Referendum. 

DIRECTORS.     Sec  Corporations. 

Banks,  of.     See  Banks  and  Banking. 

DISEASE.     See   Public  Health.  •     •      „„ 

i'li.nt.     See  County  Horticultural  Comu.issioners;  State  Commissioner 
of  Horticulture. 

^^^\?^,?i^i.lc  iustrumcnts,  of.     Sec  Negotiable  Instruments. 
DISINTERMENTS.     Sec  Cemeteries. 


INDEX.  1427 

DISMISSAL. 

Accusation  or  information,  dismissal  of  where  terms  of  probation 
fulfilled,  p.  151,  §  1203,  subd.  e. 

DISSOLUTION.     Corporation,   of.     Sec   Corporations. 

DISTRICT  ATTORNEY. 

Disqualification  of,  attorney  general  may  appoint  special  counsel  to 

act,  p.  164,  §  472. 
Disqualification   of,  fee  of   attorney   appointed   to   act   for   a   charge 

against  state,  p.  164,  §  472. 

DISTRICT  COURTS  OF  APPEAL. 

Examination  of  applicants  for  admission  to  bar  by  judges  of,  p.  9, 

§  276. 
Phonographic   reporters,   number,   appointment,   qualifications,   duties 

and  salaries,  p.  179,  §  759. 

DITCHES. 

Assessment  of  water  ditches,  p.  309,  §  3663. 

Screens  before  to  protect  fish,  provision  relating  to,  p.  123,  §  629. 

DIVIDENDS.     See  Corporations. 

DIVORCE. 

Alimony,  allowance  of  pending  divorce,  p.  37,  §  137. 
Maintenance,  action  by  wife  for,  without  divorce.     See  Husband  and 
Wife. 

DOCTORS.     See  Medicine. 

DOMICILE.     See  Kesidence. 

DOVE.     See  Game  Laws. 

DRAFTS.     See  Negotiable  Instruments. 

DRAINAGE.     See  Levee  Districts;   Eeclamation  Districts. 

Act  of  1S85  for  promotion  of,  amendment  of  1917,  p.  659,  Act  985. 

Drainage  district  number  one,  Butte  county,  work  in  validated  and 
assessment  autflorized,  p.  659,  Act  988a. 

Drainage  improvement  district  number  one,  Merced  county,  bound- 
aries of,  p.  656,  Act  976. 

Drainage  improvement  district  number  one,  Merced  county,  validat- 
ing formation  and  organization  of,  p.  656,  Act  976. 

Drainage  improvement  district  number  two,  Merced  county, 
boundaries  of,  p.  657,  Act  976a. 

Drainage  improvement  district  number  two,  Merced  county,  valida- 
tion of  organization  and  formation  of,  p.  657,  Act  976a. 

Knight's  Landing  drainage  district,  act  relating  to,  p.  658,  Act  977. 

Los  Angeles  county  drainage  district  improvement  number  1,  vali- 
dation of  formation  and  organization,  p.  660,  Act  988b. 

Los  Angeles  County  Drainage  District  Improvement  No.  1,  formation 
of  validated,  p.  899,  Act  1725m. 

Protection   districts.     See  Protection  Districts. 

Reclamation  districts.     See  Eeclamation  Districts. 

DRAWERS.     See  Negotiable  Instruments. 


1-1:28  INDEX, 

DRAWING-ROOM  CAR  COMPANIES. 

Franchise  tax  for  state  jHirposes  on.  See  State  Board  of  Equaliza- 
tion. 

DRINKING  CUPS. 

Use  of  common  drinking  cups  forbidden,  p.  1164,  Act  2844e. 

DRUGLESS  PRACTITIONERS.     See  Medicine. 

DRUGS. 

Adulterated   or   mislabeled,   manufacture,   sale   or   transportation,   of, 

prevention  of,  p.  531,  Act  29. 
State  laboratory  for,  establishment  of,  p.  531,  Act  29. 

DUCKS.     See  Game  Laws. 

DWELLINGS,     fe'ee  Buildings. 

E 

EDUCATION.     See  Schools. 

University  of  California.     See  University  of  California. 

EELS.     See  Game  Laws. 

EGGS. 

Eegulation  of  sale  of  where  in  transit  more  than  thirtv-one  days, 
p.  661,  Act  991a. 

EIGHT-HOUR  LAW. 

Women  employees,  for,  p.  839,  Act  1537. 

ELECTIONS. 

Great  register,  meaning  of,  p.  181,  §  1094. 

Landlord  or  lodging-house  keepers,  lists  of  lodgers  b}',  p.  181,  §  1094. 

Xomination  of  candidates  other  than  by  primary  election,  p.  188, 
§  1188. 

Nomination  papers,  when  must  be  filed,  p.  189,  §  1192. 

Party  affiliation,  elector  stating  cannot  vote  for  other  party  or  dele- 
gates, p.  183,  §  1096a. 

Party  affiliation,  statement  of.     See  post,  Eegistration,  this  title. 

Primary  election  law  of  1913  and  amendments  of  1917,  p.  662,  Act 

loio. 

Primary  election  law  of  1913,  amendments  of  1916  repealed  at  ref- 
erendum, p.  662,  Act  1010. 

Primary  election  law  of  191."  re])ealed  at  roferoiidum.  p.  662,  Act 
1010. 

Register,  meaning  of,  p.  LSI,  §  1L)9-1. 

Registration,  absence  of  elector,  proceedings  in  case  of,  p.  184, 
§  1097. 

Registration,  affidavit,  duty  of  clerk  in  preparing,  p.  184,  §  1097. 

Registration,  affidavit,  facts  to  be  stated  in,  p.  184,  §  1097. 

Ifegistration,  affidavit,  form  of,  p.  184,  §  1097. 

Registration,  affidavit  to  be  made  before  wliat  oflicer,  ]i.   1S4,  §  1097. 

Registration,  affidavit,  what  facts  to  be  set  forth  in,  p.  184,  S  1097. 

Registration,  affidavits,  wliat  to  show,  p.  182,  §  1096. 

Registration,  foreign-born  jiersons,  of,  p.  184,  §  1097. 

Kcgistration,  name,  ])rocee(lings  on  change  of,  p.  184,  §  1097. 

J{egis(ration,   party  adijiation,  I'hanging,  procedure,  p.  183,  §  1096a. 


INDEX.  1429 

ELECTIONS    (Continued). 

Eegistration,  party  atiiliation,  decHiiiiig  to  state,  procedure,  p.  183, 
§  1096a. 

Eegistration,  party  affiliatiou,  statement  of,  p.  182,  §  1096,  subd.  7; 
p.  183,  §  1096a. 

Registration,  i>rovision   relating  to,   p.   181,  §  1094. 

Registration,  qualifications  for,  p.   182,  §  1096. 

Registration  to  be  by  affidavit,  p.  184,  §  1097. 

Registration-books,  furnishing  to  candidates  and  fee  for  and  dis- 
position of  fees,  p.  188,  §  1115. 

Registration-books,  indexing,  binding,  printing  and  distribution  of, 
p.  188,  §  1115. 

School  district,  annexation  of  territory  on  formation  of  cit}',  effect 
on  elections,  p.  206,  §  1576. 

ELECTORS. 

Presidential.     See  Presidential  Electors. 

ELECTRICITY.     See  Electricity   Corporations. 

Electricity,  meter  for  measuring,  injuring,  altering  or  tampering 
with,  p.  106,  §  499a. 

Meters,  injuring,  altering  or  tampering  with  a  misdemeanor,  p.  106, 
§  499a. 

Subways,  manholes,  underground  mains  containing  wires,  etc.,  regu- 
lation of  and  punishment  for  violation  of,  p.  699,  Act  1025. 

Stealing  of  a  misdemeanor,  p.  106,  §  499a. 

ELECTRICITY  CORPORATIONS.     See  Electricity. 

Franchise  tax  for  state  purposes  on.  See  State  Board  of  Equaliza- 
tion. 

ELEVATORS. 

Fees  for  permits  to  operate,  p.  700,  Act  1025b. 

Industrial  accident  commission  to  have  power  of  inspection,  p.  700, 

Act  1025b. 
Injunction  against  operation  where  dangerous,  p.  700,  Act  1025b. 
Inspectors,  competency  and  reports  of,  p.  700,  Act  1025b. 
Periodical  inspection  of,  provision  for,  p.  700,  Act  1025b. 
Permit,  obtaining  before  operation  of,  p.  700,  Act  1025b. 

ELK.     See  Game  Laws. 

EMBEZZLEMENT. 

Agent,  who  deemed  to  be,  p.  106,  §  506a. 

Collector,  who  deemed  to  be,  p.  106,  §  506a. 

Contract  of  sale,  concealment,  removal  or  disposal  of  property  by 
person  holding  under  an  embezzlement,  p.  106,  §  504a. 

Leased  personal  property,  disposal,  removal  or  concealment  of  a  mis- 
demeanor, p.  106,  §  504a. 

EMINENT  DOMAIN. 

Acquiring  land  by  counties  for  army  camps  and  conveying  to  United 

States,  p.  643,  Act  803. 
Public  uses,  what  are,  p.  21,  §  1238. 
Uses  for  which  right  may  be  exercised,  p.  21,  §  1238. 

EMPLOYEES.     Sec  Master  and  Servant. 


1430  INDEX. 

EMPLOYEES'  LIABILITY  AND  WORKMEN'S  COMPENSATION. 

Act  of  1913,  repeal  of  certain  sections  of,  p.  1039,  Act  2144a. 

Act  of  1917  relating  to,  p.  988,  Act  2143c. 

Beneficiaries  of  workmen's  compensation  insurance  policies,  protec- 
tion against  insolvency  of  insurance  carriers,  p.  1036,  Act  2143f. 

Examination  of  state  compensation  insurance  fund  by  insurance 
commissioner   authorized,    p.    169,  §  597. 

ENCLOSURES. 

Entering  upon  without  permission  to  hunt  a  misdemeanor,  p.  110, 
§602. 

ENGINEER  CORPS.     See  National  Guard. 

ENGINEERING. 

State.     See  State  Engineering. 

ENLISTMENT.     See  National  Guard. 
EPILEPTICS.     See  Insane  Asylums. 

ESCAPE. 

Limitation  of  actions  for,  p.  10,  §  339. 

Penalty  lor  aiding  escape  trom  Tacific  Colony  for  feeble-minded  and 

epileptics,  p.  843,  Act  1648. 
State  hospital,  aiding  escape  or  attempt  to  escape  of  inmate  from,  a 

misdemeanor,  p.  103,  §  109a. 

ESCHEAT. 

Action  for,  appearance,  failure  of  heirs  to  make,  effect  of,  p.  24, 
§  1269. 

Action  for,  commenced  by  filing  petition,  p.  24,  §  1269. 

Action  for,  duty  of  attorney  general  to  bring,  p.  24,  §  1269. 

Action  for,  failure  of  heirs  to  appear  and  set  up  claims  is  sufficient 
proof  in,  p.  24, §  1269. 

Action  for,  hearing  of,  p.  24,  §  1269. 

Action  for,  joinder  of  actions  in,  p.  24,  §  1269. 

Action  for,  joinder  of  parties  in,  p.  24,  §  1269. 

Action  for,  order  to  show  cause,  court  has  complete  jurisdictiou  on 
completion  of  publication  of,  p.  24,  §  1269. 

Action  for,  order  to  show  cause,  filing  of,  p.  24,  §  1269. 

Action  for,  order  to  show  cause,  issuance  and  contents  of,  p.  24 
§  1269. 

Action  for,  order  to  show  cause,  publication  of,  p.  24,  §  1269. 

Action  for,  order  to  show  cause,  service  of  on  attorney  if  adminis- 
tration instituted,  p.  24,  §  1269. 

Action  for,  petition,  contents,  p.  24,  §  1269.  ' 

Action  for,  petition  in,  regarded  as  information,  p.  24,  §  1269. 

Action  for,  petition,  sufficiency  of  allegations  in,  p.  24,  §  1269. 

Action  for,  time  for  interested  party  to  appear,  p.  24,  §  1269. 

Action  for,  time  to  liring,  p.  24,  §  1269. 

Action  for  to  be  brought  in  Sacramento  county,  p.  24,  §  1269. 

Claim  for  escheated  estate,  payment  of  bars  suit  by  another  claim- 
ant, p.  26,  §  1272a. 

Claim  for  escheated  estate,  person  not  i)art3'  to  i>r()ceodings  may 
make  within  five  years,  ]).  26,  §  1272a. 

Claim  for  escheated  estate,  petition  to  be  filed  in  Sacramento,  p.  26, 
§  1272a. 


INDEX.  '     1431 

ESCHEAT  (Coiitiiuied). 

Claim  for  escheated  estate,  petition,  verification  of,  p.  26,  §  1272a. 
Claim  for  escheated  estate,  petition,  what  to  show,  p.  26,  §  1272a. 
Claim  for  escheated  estate,  presenting  claim  to  board  of  control  in- 
stead of  filing  petition,  p.  26,  §  1272a. 
Claim  for  escheated  property,   within  what  time  to  be  made,  p.  24, 

§  1269. 
Distribution  of  estate  to  state  if  persons  claiming  estate  not  entitled 

to  succeed,  p.  24,  §  1269. 
Distribution  of  estate  to  state  if  persons  entitled  to  succeed  fail  to 

appear,  p.  24,  §  1269. 
Property  escheats,  when,  p.  5o,  §  1405. 
Eccovery  of  property  escheated  to  state,  p.  55,  §  1405. 
State  treasurer  to  hold  property  for  five  years,  p.  24,  §  1269. 
Title  to  escheated  projierty  vests  in  state,  p.  24,  §  1269. 

ESTATES  FOE  LIFE.     See  Life  Estates. 

ESTATES  OF  DECEDENTS. 

Administration  not  commenced  within  six  months,  attorney  general 
may  direct  public  administrator  to  commence,  p.  24,  §  1269. 

Administration,  summary,  when  estate  does  not  exceed  fifteen  hun- 
dred dollars,  p.  30,  §  1469. 

Appeals  in,  code  provisions  governing,  p.  32,  §  1714. 

Appraisers,  appointment  of,  p.  28,  §  1444. 

Appraisers,  appointment  of  for  property  in  another  county,  p.  28, 
§  1444. 

Appraisers,  compensation  and  expenses  of,  p.  28,  §  1444. 

Appraisers,  duties  of,  p.  28,  §  1444. 

Appraisers,  expenses  of,  allowance  of,  p.  28,  §  1444. 

Appraisers,  inheritance  tax  appraiser  may  be  appointed  sole  ap- 
praiser, p.  28,  §  1444. 

Appraisers,  one  to  be  inheritance  tax  appraiser,  p.  28,  §  1444. 

Appraisers,  majority,  right  of  to  act,  p.  28,  §  1444. 

Appraisers,  number  of,  p.  28,  §  1444. 

Appraisers,  to  file  account  of  services  and  disbursements  with  inven- 
tory, p.  28,  §  1444. 

Appraisers,  when  part  of  estate  in  another  county,  p.  28,  §  1444. 

Appraisers,  who  disqualified  to  act,  p.  28,  §  1444. 

Distribution,  partial,  costs  of  partition  on,  p.  31,  §  1663. 

Distribution,  partial,  costs  on,  p.  31,  §  1663. 

Distribution,  partial,  proceedings  for,  p.  31,  §  1663. 

Distribution,  partial,  proceedings  where  partition  necessary,  n.  31, 
§1663. 

Escheat.     See  Escheat. 

Fifteen  hundred  dollars,  estates  under,  summary  administration  of, 
p.  30,  §  1469. 

Homesteads  selected  before  death,  liens  and  encumbrances  in,  how 
discharged,  p.  31,  §  1475. 

Homestead  selected  before  death,  liens  and  encumbrances  on,  to  be 
presented  and  allowed,  p.  31,  §  1475. 

Homesteads  selected  before  death,  notice  to  holder  of  lien  against 
of  death,  p.  31,  §  1475. 

Homestead  selected  before  death,  setting  apart  of,  p.  31,  §  1475. 

Life  estates,  procj?edings  for  termination  of.     See  Life  Estates. 

New  trials     in,  code  provisions  governing,  p.  32,  §  1714. 

New  trials  in,  in  what  cases  may  be  had,  p.  32,  §  1714. 


1432  *  INDEX. 

ESTATES  OF  DECEDENTS  (Continued). 

Notices  to  heirs,  devisees,  legatees  or  state  controller  of  proceedings 

in  administration  of  estate,  p.  26,  §  1380. 
Bequests  for  information  as  to  administration,  proceedings  on  filing 

of,  p.  26,  §  1380. 
Bequests  for  information   as  to   administration,   service   of   anc!    pro 

ceedings  on,  p.  26,  §  1380. 
Requests  for  information  as  to  administration,  what  to  state,  p.  26 

§  1380. 
Bequests   for    information    as   to    proceedings,   who    may    file,   p.    26 

§  1380. 
Sale  or  mortgage  by  executor,  change   of  possession   not   necessary 

p.  100,  §  3440. 
Special  administrators,  powers  and  duties  of,  p.  27,  §  1415. 
Summary    administration    of    estate    under    fifteen    hundred    dollars 

p.  30,  §  1469. 
Teachers,    deceased   annuitant,   collection   by    heirs   or   guardians   of 

balance  due  from  teachers'  pension  fund,  p.  29,  §  1455. 

EUREKA. 

Charter  of,  p.  703,  Act  1083. 

EVIDENCE. 

Adverse  parties  as  witnesses.     See  Witnesses. 
Burden  of  proof  that  one  is  holder  in  due  course,  p.  71,  §  3140. 
Burden  of  proving  mistake  or  want  of  authority  in  canceling  nego- 
tiable instruments,  p.  85,  §  3204. 
Privileged   communications.     See   Privileged   Communications. 

EXAMINATION. 

Witnesses,  of.     See  Witnesses. 

EXECUTIONS. 

Change  of  possession  not  necessary  on  transfer  of  exempt  property, 
p.  100,  §  3440. 

EXECUTORS  AND  ADMINISTRATORS.     See  Estates  of  Decedents. 
Corporations  authorized  to  act  as,  amendment  of  articles,  approval 

by  superintendent  of  banks,  p.  41,  §  290a. 
Physician,  consent  to  testifying  by  executor  of  patient,  p.  33,  §  1881. 
Presentment  of   negotiable  instrument  to   for  payment  where  party 

dead,  p.  76,  §  3157. 
Sale   or    mortgage   liy,   i-hango    of   possession    not   necessary,   p.    100, 

§  3440. 
Special  administrators,  secured  claims,  payment  of  by  and  procedure 

on  securing  order,  p.  28,  §  1418. 
Special   administrators,   secured    claim,   jiayinent   of   interest   on   and 

onler  for,  p.  28,  §  1418. 

EXEMPTIONS. 

<  haiig<'  of   possession   not   necessary  on   transfer  of  exempt  property, 

p.   100,  §3440. 
License  tax,  exemption  of  lionoiably  discharged  soldiers,  sailors  and 

marines  from,  j).  280,  §  3366. 
License  lax,  from,  p.  631,  Act  756. 

EXPERTS. 

Ciand   jury,  cm  iiloymcnl    of  liy,   \>.   117,  §928. 


INDEX.  1 4;}3 

EXPLOSIVES. 

Burglary  with.     See  Burglary. 

Transportation,   storage    and    selling    of,   regulation   of,   p.    70.'),    Aot 
1092. 

EXPOSITIONS. 

•    Panama-California  International  Exposition,  San  Diego,  use  of  Bal- 
boa Park  granted  for,  p.  706,  Act  1093a. 

EXPRESS  COMPANIES. 

Franchise    tax   for   state    purposes   on.     See    State   Board    of   Equal- 
ization. 

F 

FACTORIES.     See   Manufacturers. 

FAHEY. 

Patent  to   heirs  of  P.  W.  Fahey  for  certain  swamp   and  overflowed 
lands,  issuance  of  authorized,  p.  1166,  Act  2867b. 

FAIRS. 

Expositions.     See  Expositions. 

FALSE  REPRESENTATIONS. 

Sales,  in.     See  Sales. 

FARMERS.     See   State   Land   Settlement  Bo  ird. 

Land   colonization   and   rural  credits  act  of   1915,  repeal   of,   p.   545. 

Act   78d. 
Land  colonization  and  rural  credits  repeal  of  act  of  1915  relating  to, 

p.  545,  Act  78d. 

FAWN,   SPOTTED.     See  Game  Laws. 

FEATHER  RIVER. 

Improving  navigability  of  and  acquiring  land  for,  p.  1246,  Act  3818b. 
Navigation  of,  improvement  of  and  appropriation  for,  p.   1246,  Act 

3818b. 
Rectifying  and  improving  channel  of,  p.  1246,  Act  3818b. 

FEDERAL  COURTS. 

.Tudgments   of.     See  Judgments. 

FEEBLE-MINDED.     See   Insane   Asylums;   Home   for  Feeble-minded. 
Asexualization  of,  provision  for,  p.  558,  Act.  248. 

FEES. 

Commissioner  of  corporations,  of,  p.  881,  Act  1700. 

Elevators,  for  permission  to  operate,  p.   700,  Act  1025b. 

Hunting  licenses,  for,  p.  751,  Act  1297. 

Inspection  of  animals  slaughtered  for  food,  for,  p.  715,  Act  1206. 

Jurors,  grand  and  trial,  of,  p.  707,  Act  1119. 

Justice's  clerk,  of.     See  Justice's  Clerk. 

Justices,   fees    collected    bv,    report    of   and    pavnient    into    treasury. 

p.   2,   §  103. 
Life  diploma,  for,  and  disposition  of,  p.  194,  §  1519a.      • 
Particular   officer,   of.     See  particular   title. 
Steam   boilers,  for   inspection   of.   p.   1269,   Act   3890. 


143-i  INDEX, 

FELONIES. 

Banks,  directors,  officers  or  employees  failing  to  make  new  entries, 
p.   109,    §  563a. 

Banks,  director,  officer  or  employee  making  false  or  untrue  entries, 
p.   109,   §  563a. 

Banks,  officer  or  employee  abstracting  or  misappropriating  funds, 
p.   108,   §  561a. 

Banks,  officers  or  employees  of  overdrawing  accounts,  p.  107,  §  561. 

Banks,  officers  or  emploj'ees  receiving  gratuity  or  reward  for  pro- 
curing loan  or  accommodation,  p.  107,    §  561. 

Banks,  officers  or  employees  receiving  reward  for  permitting  depos- 
itor to  withdraw  account,  p.  107,  §  561. 

Burglary  with  explosives,  p.  105,  §  464. 

Deadly  weapons,  use  of  against  another,  p.  651,  Act  889. 

Elk,  killing  of,  p.  110,  §  599f. 

Parent  omitting  to  provide  for  child,  p.  103,  §  270. 

FEliTON. 

Repeal  of  act  incorporating,  p.  708,  Act  1129. 

FEMALES. 

Eight-hour  law  for  women  employees,  p.  839,  Act  1537. 

FENCES. 

Opening  or  tearing  down  a  misdemeanor,  p.  110,  §  602. 

FEEPvIES. 

Defined,  p.  308,  §  3643. 
Where  assessed,  p.  308,  §  3643. 

FIDELITY  AND  DEPOSIT  COMPANY   OF  MARYLAND. 

Harbor  commissioners  of  San  Francisco  authorized  to  pay  claim  of, 
p.   763,   Act   1439b. 

FINES. 

Courts-martial,    imposed    by,    collection    and    disposition    of,    p.    24S, 

§  2026. 
Probationary    treatment    on    judgment    to    pay    fine,    p.    150,    §  1203, 

subd.  b. 

FIRE.     See  Burnt  or  Destroyed  Records  or  Documents. 

Explosives.     See  Explosives. 

Forest  fires  in  San  Dimas  canyon,  San  Gabriel  mountains,  provision 
for  fighting,  p.   708,   Act   1171. 

Prevention  of  forest  fires  in  San  Antonio  canyon,  San  Gabriel  moun- 
tains, p.  708,  Act  1172. 

Tamalpais  forest  fire  district,  foiination,  government,  o[ieration  and 
dissolution  of,  p.  709,  Act  11S5. 

FIREARMS.     See  Deadly  Weapons. 

FIRE    DEPARTMENT. 

Ifrlicf,  liealtli  insuiaiico  and  luiision  fund,  payment  of  moneys  into, 
|i.'7U9,  Act  1173. 

FIRE   INSURANCE.     See  Insurance   Companies. 

FISH.      Sec  Came   Laws. 

BuHiricss  Of  l)uying  and  selling  fish,  regulation  of,  p.  1261,  Act  3588. 
Canals,   ilitclies  and   fiumcs,   screens  before,   provision   as  to,  p.   123, 
§  629. 


INDEX.  1435 

FISH  (Coutinued). 

Cauners  of  fish,  crustaceans  and  mollusks,  regulation  of,  p.  760,  Act 

1340  1. 
Catching  of  game  fish,  license  for,  p.  754,  Act  1298a. 
Crustaceans  and  nioUusks,  regulation  of  canning  and  preserving  of, 

p.  760,  Act  1340  1. 
Destruction  of  food  fish,  regulation  of,  p.  1264,  Act  3.588. 
Exchange,  fish,  p.  1264,  Act  3588. 
Fishways.     See  Fishways. 

License  for  propagation  and  rearing  of,  p.  155,  Act  1340g. 
License  for  taking  and  catching  of  game  fish,  p.  754,  Act  1298a. 
License  for  vacation  of  fishing,  act  relating  to,  p.  753,  Act  1298. 
License   of   canners   of   fish,   crustaceans   and   molhisks,    p.   760,   Act 

13401. 
License  to  those  engaged  in  marketing  fish,  p.  1261,  Act  3588. 
Propagation  and  rearing  of,  regulation  of,  p.  755,  Act  1340g. 
Eegulation  of  vocation  of  fishing  and  providing  revenue  therefrom, 

p.  753,  Act  1298. 
Shellfish,  duty  in  relation   to  taking  of,  p.   759,  Act  1340k. 
Shellfish,  power  of  state  board  of   health   in  relation  to  taking   of, 

p.  759,  Act  1340k. 
State  fish  exchange,  creation  of,  p.  1264,  Act  3588. 
State  market  director.     See  State  Market  Director. 

FISHERS.     See  Game  Laws. 

FISHWAYS.     See  Fish. 

Hatchery  in  lieu  of,  provision  relating  to,  p.  140,  §  637. 

Proceedings  where  dam  too  high  for,  p.  140,  §  637. 

Provision  relating  to  fishways  over  or  around  dams,  p.  140,  §  6;i7. 

FLAG. 

Advertisements  on,  prohibited,  p.  103,  §  310. 
Advertisements,  punishment  for  putting  on  flags,  p.  103,  §  310. 
Defiling,  defacing  or  mutilating,  forbidden,  p.  103,  §  310. 
Defiling,  defacing  or  mutilating,  punishment  for,  p.  103,  §  310. 
Inscriptions  on,  what  permitted,  p.  103,  §  310. 

United     States,    hoisting     over   school    buildings   and   displayiiig   in 
schoolrooms,  p.  217,  §  1614;  p.  219,  §  1617a. 

FLUMES. 

Screens  before,  to  protect  fish,  provision  relating  to,  p.  123,  §  629. 

FOOD.     See    Butter;    Cattle;    Cheese;    Oleomargarine. 

Adulterated   or   mislabeled,   manufacture,   sale   or   transportation    of, 

prevention  of,  p.  531,  Act  29. 
Cold  storage.     See  Cold  Storage. 
Eggs.     See   Eggs. 

Inspection  of  animals  slaughtered  for  food,  p.  715,  Act  1206. 
Milk.     See  Milk. 
Net  container  act  relating  to  goods  sold  in  containers,  p.  1135,  Act 

2453. 
State  laboratory  for,  establishment  of,  p.  531,  Act  29. 

FOREIGN  BILLS.     See  Bills  of  Exchange. 

FOREIGN  CORPORATIONS.     See  Corporations. 

FOREIGNERS.     See   Aliens. 


1436  INDEX. 

FORESTRY.     See  Forests. 

FORESTS. 

Augeles  national  forest,  reforestation,  fire  lanes  and  fire  trails  in, 
p.  718,  Act  1223. 

jSTursery  for  reforestation,  establishment  and  maintenance  of,  p.  718, 
Act  1224. 

Xursery  for  reforestation,  under  management  of  state  forester, 
p.  718,  Act  1224. 

Prevention  of  forest  fires  in  San  Antonio  canyon,  San  Gabriel  moun- 
tains, p.  708,  Act  1172. 

Provision  for  fighting  fires  in  San  Dimas  eanj'on,  San  Gabriel  moun- 
tains, p.  708,  Act  1171. 

Eeforestation,  state  nursery  for  purpose  of,  p.  718,  Act  1224. 

Salaries  of  state  forester,  deputy  and  assistant,  p.  718,  Act  1222. 

Tamalpais  forest  fire  district,  formation,  government,  operation  and 
dissolution  of,  p.  709,  Act  1185. 

FORFEITURE. 

Corporation  failing  to  pay  tax,  forfeiture  of  rights  and  revivor  of, 
p.  330,   §  3669c;   p.  333,   §  3669d. 

Corporation,   failure    to   pay   license.     See    Corporations. 

Lands  sold  by  state,  forfeiture  of  for  nonpayment  of  interest  or  prin- 
cipal, act  relating  to,  p.  1168,  Act  2875f. 

State  lands,  on  sale  of.     See  Public  Lands. 

FORGERY. 

Signature  to  negotiable  instrument  by,  effect  of  and  liability  under, 
p.  64,  §  3104. 

FORMS. 

Affidavits  of  registration,  p.  184,  §  1097. 
Attachment  in  justice's  court,  p.  19,  §  868. 
Negotiable  instruments,  of,  p.  58,   §  3082. 
Notice  of  trial  in  justice's  court,  p.  17,  §  850. 

FRANCHISE. 

Action   to  recover  tax  paid  under   void  assessment,  assignee  cannot 

bring,  p.  328,   §  3669a. 
Record  of  assessments  by  state  board  of  equalization  is  warrant  for 

controller  to  collect",  p.  325,   §  366Sa. 
Reports   by    holders   of   to   state    board    of   equalization.     See    State 

Board   of  Equalization. 
Resettlement   of  franchise   rights   of  street,   suburban   or   interurban 

railroads,  p.  719,  Act  1235. 
Tax  for  state  purposes  on.     See  State  Board  of  Equalization. 
Tax  ottj  action  to  recover  where  assessment   void,   p.   328,    §  3669a. 
Tax  on,  action  to  recover  where  reassessment,      no      limitation      in 

case   of,  p.  329,   §  3669b. 
Tax  on,  delinquent,  penalties,  j).  326,  §  3668b. 
Tax  on,  discharge   in     bankruptcy    not     to    be     granted    until     paid, 

p.    327,    §  3668c. 
Tax  on,  dissolution    of    coriioratioii    not     giantcd    until    taxes    paid, 

p.   327,    §  3668c. 
'I'ax   on,  crronoouslv    or    ill('ga!l\'    .•dllcrlcd,    proceedings    in    case    of, 

p.  327,  §  3669.  " 
Tax  on,  faihiro    to     pay,    action     by     contidlh'r    to     recover,    p.    330, 
§  36G9c. 


INDEX.  1437 

FRANCHISE  (Continuod). 

Tax  on,  failure    to    pay,    forfeiture    of    rights    by    corporation    and 

revivor  of,  p.  330, '§  :5669c;  p.  333,  §  3669<1. 
Tax  on  for  state  purposes.     See  Taxation. 
Tax  on,  has  effect  of  judgment,  p.  327,  §  3668c. 
Tax  on,  lieu  of,  p.  327,  §  3668c. 
Tax  on,  payment  of,  receipt  for,  p.  327,  §  3669. 
Tax  on,  publication   of   notice   when    due,   date   of   delinquency   and 

of  penalties,  p.  326,  §  366Sb. 
Tax  on,  seizure  and  sale  of  property  for,  p.  326,   §  3668b. 
Tax  on,  to  whom  payable,  p.  327,  §  3669. 
Tax  on,  void   assessment,  levy  of  tax,  collection,   delinquencies  and 

penalties  in  case  of,  p.  329,  §  3669b. 
Tax  on,  when   payable,   p.   326,   §  3668b. 

FRATERNAL  BENEFIT   SOCIETIES.     See   Benefit  Societies. 

FRAUD. 

Banks,   by  officers  or  employees  of.     See  Banks. 

Garage,  defrauding  proprietor  of,  p.  107,  §  537d. 

Lessor  of  personal  property,  defrauding.     See  Landlord  and  Tenant. 

Sales,   in.     See   Sales. 

Seller,    defrauding.     See    Sales. 

FRAUDULENT  CONVEYANCE. 

Change  of  possession  not  necessary  on  transfer  of  exempt  j^roperty, 

p.   100,   §  3i-i0. 
Sale  of  stock  in  trade,  recording  notice  of,  p.  100,  §  3440. 
Sale    or    mortgage    under    order    of    court    or   by    officer,     change    of 

possession  not  necessary,  p.  100,  §  3440. 
Transfer    of    personalty    without    change    of     possession,    presumed 

fraudulent,  p.   100,   §  3440. 
Transfer   of  wines   in   wineries,  etc.,   without   change   of  possession, 

how  made,  p.  100,  §  3440. 

FREEHOLD. 

Malicious  injuries  to,  what  are  misdemeanors,  p.  110,   §  602. 

FREE  LIBRARY. 

Salary  of  county  librarian  in  Merced  county,  p.  722,  Act  1248a. 

FRESNO    COUNTY. 

Assessor,   all  collections   by  to   be  paid   to   county^  treasury,   p.   366, 

§4234,  subd.   7. 
Assessor,   deputies  and   assistants,  appointment,  number,   duties   and 

salaries,  p.  366,  §  4234,  subd.  7. 
Assessor,  salary   of,  p.  366,   §  4234,  subd.   7. 
Auditor,  deputy  and  clerk,  appointment  and  salaries,  p.  366,  §  4234, 

subd.  4. 
Auditor,  salary  of,  p.  366,  §  4234,  subd.  4. 
Commissions   received   by   officers   to   be   paid    into   county   treasury, 

p.  366,   §4234,  subd.   19. 
Constable,  classification  of  townships  for  purpose  of  fixing  salaries, 

p.  366,  §  4234,  subd.  14. 
Constables,   population   of   townships,   how   determined   for   purposes 

of  fixing  salaries,  p.  366,  §  4234,  subd.  14. 
Constables,  salaries  determined  by  population,  p.  366    §  4234    subd 

14. 


1438  INDEX. 

FRESNO  COUNTY  (Continued). 

Constables,  salaries,  fees,  mileage  and  expenses,  of,  p.  366,  §  4234, 

subd.  16. 
Coroner,  fees  of,  p.  366,  §  4234,  subd.  10. 
County   clerk,   deputies,   number,   appointment   and   salaries,   p.   366, 

§  4234,   subd.   1. 
County  clerk,  fees  to  be  paid  into  treasury  monthly,  p.  366,  §  4234, 

subd.   1. 
County  clerk,  salary  of,  p.  366,  §  4234,  subd.  1. 
District    attorney,    deputv    and    assistant,    appointment    and    salary, 

p.  366,  §  4234,  subd.  9. 
District  attorney,  salary  of,  p.  366,  §  4234,  subd.  9. 
Fees   received  by   oflacers   to   be   paid   into   county   treasury,   p.   366, 

§4234,  Bubd.   19. 
Jurors,  grand,  compensation  and  mileage,  p.  366,  §  4234,  subd.  8. 
Jurors,  trial,  compensation  and  mileage,  p.  366,  §  4234,  subd.  8. 
Justices,   classification   of   townships   for  purpose   of   fixing  salaries, 

p.  366,   §  4234,  subd.   14. 
Justices,  fees  collected  by  to  be  paid  into  county  treasury,  p.  366, 

§  4234,   subd.   15. 
Justices,  salaries  are  in  full  compensation  for  services,  p.  366,  §  4234, 

subd.   15. 
Justices,  fines  to  be  paid  to  treasury  monthly,  p.  366,  §  4234,  subd. 

15. 
Justices,  salaries  of,  p.  366,  §  4234,  subd.  15. 
.Justices,  salaries  include  office  rent,  p.  366,  §  4234,  subd.  15. 
Population,  determination  of,  for  purpose  of  fixing  salaries  of  con- 
stables and  justices,  p.  366,  §  4234,  subd.  14. 
Public  administrator,  fees  of,  p.  366,  §  4234,  subd.  11. 
Eecorders,  deputies  and  copyists,  appointment,  number  and  salaries, 

p.  366,   §  4234,   subd.   3. 
Eecorders,  salary  of.  p.  366,  §  4234,  subd.  3. 

Salaries  of  officers,  when  and  how  payable,  p.  366,  §  4234,  subd.  18. 
Sheriff,    deputies,    clerks    and    assistants,    number,    enumeration;    ap- 
pointment and  salaries,  p.  366,  §  4234,  subd.  2. 
Sheriff,  fees  to  be  paid  into  county  treasury,  p.  366,  §  4234,  subd.  2. 
Sheriff,  salary  and  fees,  p.  366,  §  4234,  subd.  2. 
Superintendent  of   schools,   deymty    and   assistant,  aj^pointment   and 

salaries,  p.  366,  §  4234,  subd.  12. 
■Superintendent   of   schools,   salary   and   expenses   of,   p.   366,    §  4234, 

subd.   12. 
Superior  judge,  additional,  for,  ]).  723,  Act  1264a. 
Supervisors,  salaries  of,  p.  366,  §  1234,  subd.  17. 
Surveyor  and  deputies  to  devote  entire  time  to  county  work,  p.  366, 

§4234. 
Surveyor,  deputy,  salary  of,  p.  366,  §  4234,  subd.  13. 
Surveyor,  salary  of,  p.  366,  §4234,  subd.  13. 
Surveyor   to    do   all     surveying   and     ciigiiiecring    work    for    county, 

p.   366,   §4234. 
Tax  collector,  deputies,  clerks  and  assistants,  appoiiitinent,  onuinera- 

tion  of,  number  and  salaries,  p.  366,  §  4234,  subd.  6. 
'I'ax  collector,  salary  and  fees  oP,  ]).  366,  §  4234,  subd.  6. 
Treasurer,  deputy,  salary  of,  ]).  366,  §  4234,  subd.  5. 
Treasurer,  salary  of,  p.  366,  §  4234,  subd.  5. 

FRUIT. 

Act    of    1917    establishing    standards    for    jiacking    of    fresh    fruits, 
p.  729,  Act  1275b. 


INDEX.  1439 

FRUIT   (Coutinued). 

Apples.     See  Apples. 

Inspectors  of  fresh  fruits,  appointment,  powers,  duties  and  compen- 
sation, p.  729,  Act  1275b. 

FRUIT  CAR  COMPANIES. 

Franchise  tax  for  state  puri)oses  on.  Sec  State  Board  of  Equaliza- 
tion. 

FUNDS. 

Bonds   of    municipal    water   districts   legal   investments   for,   p.   599, 

Act   387a. 
Particular    fund.     See    particular    title. 
School.     See  Schools. 

G 

GALLINULE.     See  Game  Laws. 

GAMBLING. 

Permitting  gambling  in  houses  owned  or  rented,  punishment  of, 
p.  104,  §  331, 

GAME  LAWS.     See  Fish. 

Abalone,  black,  protection  of,  p.  121,  §  628f. 

Abalone  caught  outside  state,  j).  121,  §  628f. 

Abalone,  green,  protection  of,  p.  121,  §  62Sf. 

Abalone,  limit  on  catch  in  districts  4  and  19,,  p.  121,  §  628f. 

Abalone,  limit  on  catch  in  district  17,  p.  121,  §  628f. 

Abalone,  pink,  protection  of,  p.  121,  §  628f. 

Abalone,  protection  of,  p.  121,   §  628f. 

Abalone,  protection  of  in  districts  17,  19  and  20,  p.  121,  §  628f. 

Abalone,  red,  protection  of,  p.  121,  §  628f. 

Aigrette,  sale  or  possession  of  plumes,  head,  etc.,  forbidden  p.  114, 
§  626r. 

Albieore,  protection  of,  p.  112,  §  626e;  p.  121,  §  628e. 

Anatidae  are  game  birds,  p.  145,  §  637a. 

Animals,  hunting,  catching  or  possessing  in  certain  enumerated 
districts  forbidden,  j).  114,  §  626s. 

Animals,  predatory,  enumerated,   p.   146,   §  6371/^. 

Animals,  predatory,  hunting,  killing  or  possessing  without  permis- 
sion, forbidden,  y.   114,   §  626s. 

Antelope,  protection  of,  p.  112,  §  626e. 

Badgers  are  predatory  animals,  p.  146,  §  637%. 

Barracuda,  protection  of,  p.  112,   §  626e,  p.  121,  §  628e. 

Bass,  black,  closed  season  for,  p.  120,  §  628b. 

Bass,  black,  limit  on  catch,  p.  120,  §  628b. 

Bass,  black,  taking  in  lakes  in  district   2,  p.   120,   §  628b. 

Bass,  black,  taking  in  lakes,  p.  120,  §  628b. 

Bass,  black,  protection  of,  p.  120,  §  62Sb. 

Bass,  calico,  closed  season  for,  p.  120,  §  628b. 

Bass,  calico,  limit  on  catch,  p.  120,  §  628b. 

Bass,  calico,  protection  of,  p.  120,  §  628b. 

Bass,  protection   of,  p.   119,   §  628a. 

Bass,  striped,  catching  with  nets  or  seines,  p.  119,  §  628a. 

Bass,  striped,  limit  on  size  and  catch,  p.  119,  §  628a. 


1440  INDEX. 

GAME  LAWS  (Continued). 

Bass,  striped,  sale,    shipment    or    transportation    of,    punishment    of, 

p.  119,  §628a. 
Beaver,  hides,  possession  of  forbidden,  p.  114,  §  62(3p. 
Beaver,  killing    of   where    endangering   levees    or   protective    works, 

p.  114,  §  626p. 
Beaver,  protection  of,  p.  114,  §  626p. 

Beaver,  protection  of,  penalty  for  violating  law,  p.  114,  §  626p. 
Birds  destroying  crops,  right  to  kill,  p.  146,  §  637a. 
Birds,  game,  enumerated,  p.  145,   §  637a. 

Birds,  hunting,    catching   or   possessing   in    certain    enumerated    dis- 
tricts  forbidden,  p.   114,   §  626s. 
Birds,  nongame,  what  are,  p.  145,  §  637a. 
Birds,  other  than  game,  protection  of,  p.  145,  §  637a. 
Birds,  predatory,  enumerated,  p.  14-6,  §  6371/^. 
Birds,   predatory,  hunting,   killing  or  possessing  without   permission, 

forbidden,  p,   114,   §  626s. 
Birds  of  paradise,  sale  or  possession  of  plumes,  head,  etc.,  forbidden, 

p.  114,  §  626r. 
Black  bass.     See  ante,  Bass,  this  title. 

Blackbirds  not  protected  in  districts  2  and  3,  p.  146,  §  637a. 
Black-tailed  jack  rabbits  are  not  predatory  animals,  p.  146,  §  QSIVj. 
Blue  jays  are  not  protected  by  game  laws,  p.  145,  §  637a. 
Blue  jays  are  predatory,  p.  146,  §  637Vi;. 
Brant  are  game  birds,  p.  145,  §  637a. 
Brant,  closed  season  for,  p.  11],  §  626. 
Brush  rabbit.     See  post,  Rabbit,  this  title. 
Butcher  bird  is  not  protected  by  game  laws,  p.  145,  §  637a. 
Calico  bass.     See  ante,  Bass,  this  title. 
California  whiting.     See  post.  Whiting,  this  subject. 
Canals,    ditches,   flumes,   etc.,   screens   before,   provision   relating   to, 

p.   123,   §  629. 
Canidae  are  predatory  animals,  p.  146,  §  637V2- 
Carrier,  rule  governing  manner  of  shipment  of  fish  or  game,  r>.  116, 

§  627b. 
Carriers  shipping  more  than  limit  a  misdemeanor,  p.  116,  §  627b. 
Carrier     transporting    game    out    of     state    a     misdemeanor,    p.    116, 

§  627a. 
Catfish,  closed  season  for,  p.  120,  §  628b. 
Cats,  ringtail,  are  predatory  animals,  p.  146,  §  637%. 
("ats,  wild,  are  predatory  animals,  p.  146,  §  637i/L>. 
Clams,  little  neck,  protection  of,  p.  121,  §  628f. 
Clams,  Pisnio,  closed  season  for,  p.  121,  §  628f. 
Clams,  Pismo,  limit  on  catch,  p.   121,  §  628f. 
Clams,  Pismo,  protection  of,  p.  121,  §  628f. 
Clams,  protection  of,  in  districts  7,  8  and  9,  p.   121,  §  628f. 
flams,  razor,  limit    on    catch,    p.    121,    §  62Sf. 
(;iams,  razor,  protocfidii   of.   p.   121,  §  628f. 
Cockles,  prote(;tion  oi',  \>.    121,S''2Sf. 
< 'oliimhidae  are  game  birds,  p.  145,  §  ()37a. 
f 'oiiiinission,   game,   ])roceedings   before   wIicm'c    fisliway   or   fish    ladder 

ordered,  p.  140,  §  637. 
Coons  are  predatory  aiiimals.   ]i.    146,  §  ()37',4. 
Coots  are  game  birds,  p.   1  15,  §  6.''>7a. 
Cotton-tail  rabbit.     See  post,  Rabbit,  this  title. 
Tongars  ;[r('  predatory  animals,  yi.  146,  §  637','^. 


INDEX.  1441 

GAME  LAWS  (Cuiitinued). 

Coyotes  are  predatory  animals,  p.  146,  §  637^. 

Crab,  closed  season  for,  p.  US,  §  628. 

Crab,  protection  of,  p.  118,  §  628. 

Crab,  protection  of  in  districts  5,  6,  7,  7a,  8  and  9,  p.  118,  §628. 

("rane,  protection   of,  p.   Ill,  §  626. 

Crappie,  closed  season  for,  p.  120,  §  628b. 

Crappie,  limit  on  catch,  p.  120,  §  628b. 

Crappie,  protection  of,  p.  120,  §  628b. 

Croaker,  spot-fin,  protection  of,  p.  121,  §  628e. 

Croaker,  yellow-fin,  protection  of,  p.  121,  §  628e. 

Crops,  birds  destroying,  right  to  kill,  p.  146,  §  637a. 

Curlew  is  game  bird,  p.  145,  §  637a. 

Dams,  fishways  over  or  around,  provision  relating  to,  p.  140,  §  637. 

Dams,  fishways  or  fish  ladders  over,  hatchery  in  lieu  of,  provision 
relating  to,  p.  140,  §  637. 

Dams,  ladders  over  for  fish,  provision  relating  to,  p.  140,  §  637. 

Dams,  proceedings   where  too  high  for  fishway,  p.  140,  §  637. 

Deer,  female,  protection  of,  p.  112,  §  626e. 

Deer,  retaining  portion  of  head  bearing  horns,  p.   112,  §  626e. 

Deer,  shipment  of,  punishment  for  violation  of  provisions  relating  to, 
p.  115,  §  626u. 

Deer,  shipment  of,  regulations  governing,  p.  115,  §  026u. 

Deer,  spike  buck,   defined,   p.  112,  §  626e. 

Deer,  spike  buck,  protection  of,  p.  112,  §  626e. 

Deer,  tracking  of  by  dog  in  closed  season,  p.  113,  §  626j. 

Deer,  tracking  with  more  than  one  dog  in  open  season,  p.  113,  §  626j. 

Districts,  fish  and  game,  act  of  1917  dividing  state  into,  p.  735,  Act 
1295d. 

Districts,  fish  and  game,  repeal  of  act  of  1915  dividing  state  into, 
p.  735,  Act  1295b. 

District,  game  or  fish,  in  any  particular  district.  See  particular  sub- 
ject, this  title. 

Domesticated  game  birds  or  animals,  license  to  raise,  provision  re- 
lating to,  p.  123,  §  631d. 

Domesticated  game  birds  or  animals,  raising  of,  provision  relating 
to,  p.  126,  §  631d. 

Dove,  closed  season  for,  p.  112,  §  626a. 

Dove,  closed  season  in  district  ],  p.  112,  §  626a. 

Dove  is  game  bird,  p.  145,  §  637a. 

Duck,  closed  season  for,  p.  Ill,  §  626. 

Duck,  shooting  at  from  any  boat  in  game  district  4A  forbidden, 
p.  113,  §  626o. 

Duck,  shooting  at  from  boat  in  motion  forbidden,  p.  113,  §  626o. 

Ducks,  sea  and  river,  are  game  birds,  p.  145,  §  637a. 

Duck,  wood,  protection  of,  p.  Ill,  §  626. 

Eels,  salt  water,  limit  on  catch  in  district  3,  p.  123,  §  628j. 

Eels,  salt  water,  protection  of  in  district  3,  p.  123,  §  628j. 

Elk,  killing  of  a  felony,  p.  110,  §  599f. 

Elk,  killing  of,  punishment  of,  p.  110,  §  599f. 

Elk,  possession  of  meat  prima  facie  evidence  of  guilt,  p.  1 10,  §  599f. 

Pawn,  spotted,  protection  of,  p.  112,  §  626e. 

Felidae  are  predatory  animals,  p.  146,  §  637i/'. 

Finch,  house,  is  predatory,  p.  146,  §  63714. 

91 


1442  INDEX. 

GAME  LAWS  (Continued). 

Fines   and   forfeitures    paid   into   fish   and   game    preservation   fund, 

p.  114,  §  626s;  p.  115,  §  626u;  p.  121,  §  628f ;  p.  123,  §  628j;  p.  130, 

§  632;  p.  132,  §§    632c,  633;  p.  136,  §  631,  subd.  14;  p.  137,  §  636. 
Fishers  are  predatory  animals,  p.  146,  §  637y2. 
Fish,  taking  for  science  and  propagation,   p.   120,  §  628b. 
Fish,  taking  or  possessing  in  district  26  forbidden,  p.  114,  §  626s. 
Fishways  over  dams,  hatchery  in  lieu  of,  provision  relating  to,  p.  140, 

§  637. 
Fishways  over  or  around  dams,  provision  relating  to,  p.  140,  §  637. 
Fishways,  proceedings  where  dam  too  high  for,  p.  140,  §  637. 
Foxes  are  predatory  animals,  p.  146,  §  637 1/>. 
Fruits,  birds  destroying,  right  to  kill,  p.  146,  §  637a. 
Fur-bearing  animals,  license  for  hunting  or  trapping,  p.  757,  Act  1340J. 
Fur-bearing  animals,    reports   to    game    commission    as    to    mammals 

taken,  p.  757,  Act  1340j. 
Fur-bearing  mammals,  defined,  p.  757,  Act  1340j. 
Fur-bearing  mammals,  protection  of,  p.  757,  Act  1340J. 
Gallinae  are  game  birds,  p.  145,  §  637a. 
Gallinules  are  game  birds,  p.  145,  §  637a. 
Gallinule,  closed  season  for,  p.  Ill,  §  626. 
Game  birds.     See  ante.  Birds,  this  subject. 
Geese  are  game  birds,  p.  145,  §  637a. 
Geese,  closed  season  for,  p.  Ill,  §  626. 
Gophers  are  predatory  animals,  p.  146,  §  637i^. 
Goura,   sale   or   possession   of   plumes,   head,   etc.,   forbidden,    p.    114, 

§  626r. 
Grouse  are  game  birds,  p.  145,  §  637a. 
Grouse,  closed  season  for,  p.  Ill,  §  626. 
Halibut,  southern,  bastard  or  chicken,  protection  of,   p.   112,  §  626e; 

p.  121,  §  628e. 
Hatchery   in  lieu   of   fishways   or   fish   ladders   over   dams,   provision 

relating  to,  p.  140,  §  637. 
Hawks,  Cooper's,  are  not  protected  by  game  laws,  p.  145,  §  637a. 
Hawks,  Cooper's,  are  predatory,  p.  146,  §  6371/.. 
Hawks,  duck,  are  not  protected  by  game  laws,  p.  145,  §  637a. 
Hawk,  duck,  is  predatory,  p.  146,  §  63 71/0. 

Hawks,  sharp-shinned,  are  not  protected  by  game  laws,  p.  145,  §  637a. 
Hawk,  sharp-shinned,  is  predatory,  p.  146,  §  637i/>. 
House-finch  is  not  protected  by  game  laws,  p.  145,  §  637a. 
House-finch  is   predatory,  p.  146,  §  O3714. 
Insectivora  are  predatory  animals,  p.  146,  §  637i{.. 
Jack-rabbits  are  predatory  animals,  p.  146,  §  637i/^. 
Kelp,   control  of  is  in  fish   and  game   commission,  p.   957,   Act  1782. 

See  Kelp. 
Ladders  over  dams,  hatcluM-v  in  lieu  of,  provision  relating  to,  p.  140, 

§  637. 
Tjadders  over  dams,  provision  relating  to,  p.   140,  §  037. 
Ladders,  proceedings  where  dams  too  high  for,  p.  140,  §  637. 
Licenses  for  hunting,  fees  for,  p.  751,  Act  1297. 

liicense  for  hunting  or  trapping  fur-bearing  animals,  p.  757,  Act  1340J. 
Licenses,  for  resale,  regulation  of  issuance  of,  p.  752,  Act  1297a. 
Tvimicolae   are   game   birds,    j).    145,  §  637a. 
Linnets  are  not  protected  l)y  game  laws,  p.  145,  §  637a. 
Linnets,  California,   are   predatory,  p.   146,  §  037 1/2. 
License  to  hunt  or  fish,  revocation   of,  p.  129,  §  631e. 


INDEX.  1443 

GAME  LAWS  (Coutimicd). 

License  to  raise  domesticated  game  birds  or  animals,  })rovision  re- 
lating to,  p.  12(3,  §  G31d. 

Lobsters  caught  without  state,  provisioL  as  to,  p.  llS,  §  628. 

Lobster,  closed  season  for,  p.  117,  §  62S. 

Lobster,  protection  of,  p.  117,  §  628. 

Martins  are  predatory  animals,  p.  146,  §  637%. 

Mice  are  predatory  animals,  p.  146,  §  637%. 

Minks  are  predatory  animals,  p.  146,  §  637%. 

Moles  are  predatory  animals,  p.  146,  §  637%. 

Mountain  sheep,  protection  of,  p.  112,  §  626c. 

Mount  Tamalpais  game  refuge,  creation  of,  p.  749,  Act  129.5e. 

Mud-hen,  closed  season  for,  p.  Ill,  §  626. 

Mustelidae  are  predatory  animals,  p.  146,  §  637%. 

Nets,  use  of  forbidden,  p.  137,  §  636. 

Nets,  use  of  in  various  districts,  regulation  of,  p.  137,  §  636. 

Osprey,  sale  or  possession  of  plumes,  head,  etc.,  forbidden,  p.  114, 
§  626r. 

Owls;  great-horned,  are  not  protected  by  game  laws,  p.  145,  §  637a. 

Owls,  great-horned,  are  predatory,  p.  146,  §  637%. 

Oysters,  injuring,  gathering  or  taking  away,  p.  110,  §  602." 

Oysters,  trespassing  upon  lands  where  ^slanted  a  misdemeanor,  p.  110, 
§  602. 

Partridges  are  game  birds,  p.  145,  §  637a. 

Perch,  Sacramento,  closed  season  for,  p.  120,  §  628b. 

Perch,  Sacramento,  limit  on  catch,  p.  120,  §  628b. 

Perch,  Sacramento,  protection  of,  p.  120,  §  628b. 

Pets,  right  to  keep  birds  as,  p.  146,  §  637a. 

Pheasants  are  game  birds,  p.  145,  §  637a. 

Pigeons  are  game  birds,  p.  145,  §  637a. 

Pigeons,  protection  of,  p.  Ill,  §  626. 

Pismo  clams.     See  ante,  Clams,  this  subject. 

Plover  are  game  birds,  p.  145,  §  637a. 

Prairie  chicken  is  game  bird,  p.  145,  §  637a. 

Predatory  animals  enumerated,  p.  146,  §  637%. 

Predatory  birds  enumerated,  p.  146,  §  637%. 

Predatory  birds  or  animals,  killing,  hunting  or  possessing  without 
permission  forbidden,  p.  114,  §  626s. 

Proceedings  where  dam  too  high  for  fishways  or  fish  ladder,  p.  140, 
§  637. 

Procyonidae  are  predatory  animals,  p.  146,  §  637%. 

Quail  are  game  birds,  p.  145,  §  637a. 

Quail,  desert,  closed  season  for,  p.  Ill,  §  626. 

Quail,  mountain,  closed  season  for,  p.  Ill,  §  626. 

Quail,  mountain,  closed  season  in  districts  below  northern  boundary 
of  Mendocino   county,  p.   Ill,  §  626. 

Quail,  mountain,  closed  season  in  districts  2,  3,  and  4,  p.  Ill,  §  626. 

Quail,  valley,  closed  season  for,  p.  Ill,  §  626. 

Babbit,  black-tailed  jack,  are  not  predatory  animals,  [).  146,  §  637%. 

Eabbit,  brush,  closed  season  for,  p.  Ill,  §  626. 

Babbit,  cotton-tail,  closed  season  for,  p.  Ill,  §  626. 

Babbits,  jack,  are  predatory  animals,  p.  146,  §  637%. 

Bail  are  game  birds,  p.  145,  §  637a. 

Bail,  protection  of,  p.  Ill,  §  626. 

Eallidae  are  game  birds,  p.  145,  §  637a. 

Eats  are  predatory  animals,  p.  146,  §  637%. 


1444  INDEX. 

GAME  LAWS  (Continued). 

Ringtail  cats  are  predatory  animals,  p.  146,  §  637 1/^. 

Eobins  destroying  crops  may  be  killed,  p.  146,  §  637a. 

Eodentia  are  predatory  animals,  p.  146,  §  637 1/^. 

Sacramento  perch.     See  ante.  Perch,  this  subject. 

Sage-hen,  closed  season  for,  p.  Ill,  §  626. 

Sage-hen,  district  4,  protection  of  in,  p.  Ill,  §  626. 

Salmon,  closed  season  for,  in  various  districts,  p.  133,  §  634. 

Salmon,  defined,  p.  136,  §  634,  sixbd.  12. 

Salmon,  limit  on  catch  in  various  districts,  p.  133,  §  634. 

Salmon,  protection  of,  p.  133,  §  634. 

Salmon,  protection  of  in  various  districts,  p.  133,  §  634. 

Sandpipers  are  game  birds,  p.   145,  §  637a. 

Scientific,  educational  or  propagation  purposes,  taking  fish  or  game 

for,  p.  113,  §  626  1. 
Scientific  purposes   or  propagation,   right   to   take   fish   or  game   for, 

p.  114,  §  626s. 
Science  or  propagation,  right  of  game   commission  to   take  fish  for, 

p.  130,  §  632. 
Science  and  propagation,  taking  fish  for,  p.  120,  §  628b. 
Science  or  propagation,  taking  golden  trout  for,  p.  132,  §  633. 
Science  or  propagation,  taking  of  salmon  for,  p.  136,  §  634,  subd.  13. 
Science  or  propagation,  use  of  nets  in  carrying  on  work  of,  p.  137, 

§  636. 
Screens  before  openings  of  ditches^  flumes,  canals,  etc.,  provision  re- 
lating to,  p.  123, §  629. 
Shad,  catching  with  nets  or  seines,  p.  119,  §  628a. 
Shad,  closed  season  for,  p.  119,  §  628a. 
Shad,  limit  on  catch,  p.  119,  §  628a, 
Shad,  protection  of,  p.  119,  §  628a. 
Shellfish.     See  Fish. 
Shellfish,  injuring,  gathering,  or  taking  away  a  misdemeanor,  p.  110, 

§  602. 
Shellfish,  trespassing  upon  lands  where  planted  a  misdemeanor,  p.  110, 

§602. 
Shore  birds  are  game  birds,  p.  145,  §  637a. 
Shore  bird,  protection  of,  p.  Ill,  §  626. 

Shipping  fish  and  game,  rules  governing  manner  of,  p.  116,  §  627b. 
Shipping  more   than  limit  forbidden,   p.   116,  §  627b. 
Shrews  are  predatory  animals,  p.  146,  §  637i/l>. 

Shrimp,,  possession  of  or  of  shells  as  evidence  of  guilt,  p.  117,  §  628. 
Shrimp,  protection  of,  p.  117,  §  628. 
Skunks  are  predatory  animals,  p.  146,  §  637V1'. 
Snipe  are  game  birds,  p.  145,  §  637a. 
Snipe,  Wilson,  closed  season  for,  p.  Ill,  §  626. 
S[iarrows  are  j)rcdatory,  p.  146,  §  637i^. 
Sjiarrows,   English   or   Kuro])ean,   are    not    protected  by   game   laws, 

p.  145,  §  637a. 
Spike  ))uck,  defined,  p.  112,  §626e. 
Sjiike   buck,  [irotection  of,  p.  112,  §  626e. 
Spot-fill  croaker.     See  ante,  Croaker,  this  title. 
Spotted  fawn.     See  ante.  Fawn,  this  title. 
Squirrels,  flying,  are  not  predatory  animals,   p.   146,  §637%. 
S(|iiirrclH,  tree,  arc  not  predatory  animals,  p.   IKi,  §  637i^. 
Striped  bass.     See  ante,  Bass,  this  subject, 
bunfish,  closed  season  for,  p.  120,  §  628b. 


INDEX,  1445 

GAME  LAWS   (Continued). 

Sunfish,  limit  on  catch,  p.  120,  §  628b. 

Sunfish,  protection  of,  p.  120,  §  62Sb. 

Surf  birds  are  game  birds,  p.  145,  §  637a. 

Surf  fish,  protection  of,  p.  121,  §  628e. 

Swans  are  game  birds,  p.  145,  §  637a. 

Tatlers,  protection   of,  p.  145,  §  637a. 

Transportation  of   game  out  of  state  by   carriers   forbidden,   p.   116, 

§  627a. 
Transporting  fish  and  game,  rules  governing,  p.  110,  §  627b. 
Transporting  more  than  limit  forbidden,  p.  116,  §  627b. 
Traps,  use  of  to  catch  fish,  mollusks  or  crustaceans  forbidden,  p.  137, 

§636. 
Trout,  closed  season  for  in  districts  1,  lA,  IC,  ID,  IE,  IF,  IG,  IH, 

IJ,  IK,  IL,  2,  2A,  3,  3A,  3B,  3C,  3D,  4,  4A,  4B,  4C,  4D,  4E,  5, 

6,  7,  7A,  8,  9,  10,  11,  12,  13,  15,  17,  18,  19,  21,  23,  24,  25,  p.  130, 

§  632. 
Trout,   closed   season   for   catching  in   streams  flowing  into  lakes   in 

district  23,  p.  130,  §  632. 
Trout,  Dolly  Varden,  protection  of,  p.  130,  §  632. 
Trout,  golden,  closed  season  for,  p.  132,  §  633. 
Trout,  golden,  limit  on  catch,  p.  132,  §  633. 
Trout,  golden,  protection  of,  p.  132,  §  633. 

Trout,  golden,  taking  for  science  or  propagation,  p.  132,  §  633. 
Trout  in  lakes,  protection  of,  p.  130,  §  632. 
Trout,  limit  on  catch,  p.   130,  §  632. 
Trout,  limit  on  catch  in  districts  2,  2A,  3,  3A,  3B,  3C,  3D,  11,  12,  13, 

15,  16,  17  18  and  19,  p.  130,  §  632. 
Trout,  sale  of  in  state  of  California  forbidden,  p.  132,  §  632c. 
Trout,  steelhead,  selling  of,  p.  130,  §  632. 

Trout,  steelhead,  taking  of  in  districts  5,  6    and  7A,  p.  130,  §  632. 
Turkeys,  wild,  are  game  birds,  p.  145,  §  637a. 
Wardens,  bonds  of,  p.  349,  §  4149b. 

Wardens,  game,  power  of  supervisors  to  appoint,  p.  349,  §  4149b. 
Wardens,  terms  of  office  and  removal  of,  p.  349,  §  4149b. 
Water  fowl,  hunting  in  district  4A,  right  of,  p.  114,  §  026s. 
Weasels  are  predatory  animals,  p.  140,  §  637^4. 
White  fish,  closed  season  for  catching  in  streams  flowing  into  lakes 

in  district  23,  p.  130,  §  632. 
White  fish,  closed  season  for  in  districts  23,  24  and  25,  p.  130,  §  632. 
Whiting,  California,  protection  of,  p.  121,  §  628e. 
Whiting,  California,  protection  of,  in  district  19,  p.  121,  §  628e. 
Wild  cats  are  predator j^  animals,  p.  140,  §  637 1^. 
Wilson  snipe.     See  ante.  Snipe,  this  title. 
Wolverines  are  predatory  animals,  p.  146,  §  6371/2. 
Wolves  are  predatory  animals,  p.  146,  §  O3714. 
Yellow-fin  croaker.     See  ante.  Croaker,  this  title. 

GARAGE. 

Eemoving   automobile   or   property    from,    with    fraudulent   intent   a 
misdemeanor,  p.  107,  §  537d. 

GAS. 

Department  of  state  mining  bureau  for  protection  of,  creation   and 

establishment  of,  p.  1003,  Act  2213b. 
Persons  operating  wells  to  make  reports,  p.  1003,  Act  2213b. 
Protection  of  from  waste  and  destruction  through  improper  methods 

of  production,  p.  1003,  Act  2213b. 


14-1:6  INDEX. 

GAS  (Continued). 

State  oil  and  gas  supervisor,  appointment,  powers,  duties  and  com- 
pensation, p.  1063,  Act  2213b. 

State  oil  and  gas  supervisor,  arbitration  of  rulings  of,  p.  1063,  Act 
2213b. 

State  oil  and  gas  supervisor,  assessment  of  charges  of  department 
against  operator,  p.  1063,  Act  2213b. 

State  oil  and  gas  supervisor,  deputies  and  employees,  appointment, 
duties  and  compensation,  p.  1063,  Act  2213b. 

State  oil  and  gas  supervisor,  fund  for  department  of,  creation  of, 
p.  1063,  Act  2213b. 

GAS  COMPANIES. 

Franchise  tax  for  state  purposes  on.     See  State  Board  of  Equalization 

GEESE.     See  Game  Laws. 

GIFTS. 

Community  property,  husband  cannot  make  gift  of  without  consent 
of  wife,  p.  38,  §  172. 

GLENN  COUNTY. 

Assessor,  right  to  retain  percentage  on  personal  property  tax  col- 
lected, p.  501,  §  4275,  subd.  g. 

Assessor,  salary  of,  p.  501,  §  4275,  subd.  7. 

Auditor,  salary  of,  p.  501,  §  4275,  subd.  d. 

Constables,  salaries,  expenses  and  fees  of,  p.  501,  §  4275,  subd.  n. 

Coroner,  fees  of,  p.  501,  §  4275,  subd.  i. 

County  clerk,  deputy,  appointment  and  salary,  p.  501,  §  4275,  subd.  a. 

County  clerk,  fees  collected  by  to  be  paid  into  county^  treasury,  p.  501, 
§  4275,  subd.  a. 

County  clerk,  salary  of,  p.  501,  §  4275,  subd.  a. 

District  attorney  not  to  practice  law,  p.  501,  §  4275,  subd.  h. 

District  attorney,  salary  of,  p.  501,  §  4275,  subd.  h. 

District  attorney,  stenographer,  salary  of,  p.  501,  §  4275,  subd.  h. 

.Turors,  grand,  fees  and  mileage,  p.  501,  §  4275,  subd.  q. 

.Jurors,  trial,  fees  and  mileage,  p.  501,  §  4275,  subd.  q. 

Justices,  salaries  and  fees,  p.  501,  §  4275,  subd.  m. 

OfTicial  reporters,  fees  of,  p.  501,  §  4275,  subd.  p. 

Public  administrator,  fees  of,  p.  501,  §  4275,  subd.  j. 

Recorder,  salary  and  foes  of,  p.  501,  §  4275,  subd.  c. 

Salaries,  increase  of  construction  of  provisions  relating  to,  p.  501, 
§  4275,  subd.  r. 

Sheriff,  salary,  fees,  commissions  and  expenses,  p.  501,  §  4275,  subd.  b. 

Superintendent  of  schools,  salary,  expenses  and  allowances  of,  p.  501, 
§  4275,  subd.  k. 

Supervisors,  salaries,  expenses  and  mileage,  p.  501,  §  4275,  subd.  o. 

Surveyor,   fees   of,  ]>.  501,  §4275,   subd.  1. 

Tax  collector,  salary  of,  p.  501,  §  4275,  subd.  f. 

Treasurer,  salary  of,  p.  501,  §4275,  subd.  e. 

Treasurer,  fees  collected  by  to  be  paid  into  treasury,  p.  501,  §  4275, 
subd.  e. 

GLENNS. 

\i-t  :iiit  liori/.inu  st;itc  Ixiard  of  coiidol  \o  retraiisfer  certain  lands 
to,  p.  117:'.,  Act  2S75h. 


INDEX.  1  -447 

GOPHERS.     Sec  Game  Laws. 

Destruction  of,  i)rovision  for,  p.  262,  §  2322. 

Places  iufosted  with,  abatement  of  nuisance,  p.  265,  §  2322a. 

Places  infested  with  declared  to  be  a  public  nuisance,  p.  263,  §  2322a. 

GOURA.     See  Game  Laws. 

GOVERNOR. 

Quarantine,  approval  of  by,  p.  258,  §  2319;  p.  259,  §  2319b. 
Eesignation,  how  and  to  whom  made,  p.  180,  §  995. 

GRADES. 

►Streets,  of.     See  Streets. 

GRAND  JURY. 

Charge  by  judge  as  to  duties,  p.  147,  §  928. 

Comments  in  reports  of  not  privileged,  p.  147,  §  928. 

Definition  of,  p.  5,  §  192. 

Experts    and    assistants,    employment    of    by    and    compensation    of, 

p.  146,  §  928. 
Fees  of,  p.  707,  Act  1119. 

Fees  of  in  particular  county.     See  particular  title. 
Lists,  by  whom  and  when  to  be  made,  p.  6,  §  204. 
Lists,  jury  commissioner  to  furnish  to  superior  judges,  p.  7,  §  204b. 
Lists  prepared   by    jury    commissioner,   judges    not    bound    to    select 

from,  p.  8,  §  204d. 
Lists  prepared   bv   jury    commissioner,    selection   of   jurors   from   by 

judges,  p.  8,  §  2'04d. 
Number  of,  superior  court  to  designate,  p.  6,  §  204. 
Public    officers,    examination    into    books,    accounts    and    records    of, 

p.  147,  §  928. 
Public  officers,  recommendations  and  report  as  to,  p.  147,  §  928. 
Selection  and  listing  of,  p.  6,  §  204. 
Selection  of  by  jury  commissioner,  p.  7,  §  204a. 
Women,  eligibility  of,  p.  6,  §  204. 

GROUSE.     See  Game  Laws. 

GROWING  CROPS.     See  Insects. 

GROWING  TREES. 

Cutting  down,  destroying  or  injuring  a  misdemeanor,  p.  110,  §  602. 

GUARANTY. 

Title  to  real  estate.     See  Titles. 

GUARDIAN  AND  WARD. 

Appointment    of    guardian,    rules   for    selection    and    designation    of, 

p.  33,  §  1764a. 
Corporations  authorized  to  act  as  guardians,  amendment  of  articles, 

approval  by  superintendent  of  banks,  p.  41,  §  290a. 
Deceased    annuitant,    collection    by    guardian    of   balance    due    from 

teachers'  pension  fund,  p.  29,  §  1455. 
Insane  person,  appointment  of  guardian  for.     See  Insane  Persons. 
Investment   of   funds   in   corporate   stock,   liability   for   debts,   p.   43, 

§322. 
Physician,  consent  to  testifying  bv  guardian  of  children  of  patient, 

p.  33,  §1881. 
Sale  or  mortgage  by  guardian,  change  of  possession  not  necessary, 

p.  100,  §  3440. 


1448  INDEX. 

H 

HALIBUT.     See  Game  Laws. 

HAPPY  VALLEY  IRRIGATION  DISTRICT. 

Formation  of  validated,  p.   S9S,   Act   172."f. 

HARBOR   COMMISSION. 

Attorney  general  does  not  represent,  p.  164,  §  472. 

San  Fra'ncisco,  of,  aitthorized  to  pay  claim  of  Fidelity  and  Deposit 

Company  of  Maryland,  p.  763,  Act  1439b. 
Authorized  to  acquire  Mission  Rock  property,  p.  1222,  Act  3348d. 
San  Francisco,   establishment   of  passenger   transportation   facilities 

along  Embarcadero,  p.  1222,  Act  3348c. 
San  Francisco,  powers  granted  to,  p.  1206,  Act  3335. 

HARBORS.     See  Waterfront. 

Cities  authorized  to  improve  harbors,  p.  1131,  Act  2389k. 

HASTINGS  COLLEGE  OF  LAW. 

Repeal  of  section  admitting  graduates  to  practice  law  without   ex- 
amination,   p.    9,  §  280a;    p.    190,  §  1483. 

HATCHERY. 

Fishways  or  ladders  over  dams,  hatchery  in  lieu  of,  provision  relat- 
ing to,  p.  140,  §  637. 

HAWKS.     See  Game  Laws. 

HEALTH.     See   Public   Health. 

HEALTH  DISTRICTS.     See  Public  Health. 

HEALTH  INSURANCE.     See  Insurance. 

HEALTH  OFFICERS.     See  Public  Health. 

HEIRS.     See  Estates  of  Decedents. 

HIGH  SCHOOLS.     See  Schools. 

HIGHWAYS. 

Ahamloiiment  of,  petition  for,  p.  277,  §  2697. 

Appropriation   to   paj-  assessment   against   state   for   construction   or 

maintenance  of,  p.  764,  Act  1447a. 
Assent  of  state  to  act  of  congress  providing  aid  in  construction  of 

rural  post  roads,  p.  799,  Act  1467a. 
Aaitomobiles  using,  regulation  of.     See  Automobiles. 
Bonds  for  improvement,  construction  and  repair,  amendment  of  act 

of  1907  relating  to,  p.  76.5,  Act  1448. 
lioiids  of  permanent  road  divisions  validated,  p.  766,  Act  1448a. 
Boulevard    districts,    formation    and    establishment,    amendment    of 

act  of  1911  relating  to,  p.  767,  Act  1449a. 
Construction    of    in    counties    by    supervisors    of    adjoining    county, 

act  authorizing,  p.  763,  Act  1447. 
r'alifornia   state   highway   commission,   creation,    powers,   duties,   ap- 
pointees, salaries,  j).'  1239,  Act  3812. 
.foint    highway     districts    composed    of    several    counties,    creation, 

organization  and  government  of,  p.  780,  Act  14o8f. 
Laying    out,    constructing,    st raighlening,    imjiroving    and    repairing, 

amendment  of  act  of  1907  relating  to,  p.  765,  Act  1448. 


INDEX.  1449 

HIGHWAYS   (Coutiuued). 

Mainteuance  aucl  repair   of,  provision  relating   to,  j).   1^77,   §  264(1. 
New    roads    paid    for    out    of    county    funtls,     when,    p.    272,    §  26-43, 

subd.   10. 
Permanent  road  division,  any  part  of   county   may  be   formed  into, 

p.  277,   §  2745. 
Permanent  road  division,  city  may  be  included  in,  p.  277,  §  2745. 
Permanent  road  divisions,   issuance   of   bonds  of   validated,   p.   766, 

Act    1448a. 
Permanent    road    divisions,    organization    and     proceedings    of    vali- 
dated, p.   766,  Act  1448a. 
Permanent  road  divisions,  powers  of,  p.  277,  §  2745. 
Road    district    improvement    act    of    1907,    amendment    of    1U17    to, 

-    p.  790,  Act  1465. 
Signs  or  signboards,  tearing  down  or  damaging,  p.   110,   §  602. 
State,   appropriation   to   pay  assessment  against   for   construction   or 

maintenance  of,  p.  764,  Act  1447a. 
State,  from   San   Bernardino   city   to   city   of   Kedlands,   p.   778,   Act 

1457s. 
State,  Mono  Lake  basin   road   extended  to  Mono  Mills,   p.  779,  Act 

145 7u. 
State,  Susanville,  highway  from  to  point  on  line  between  California 

and  Nevada,  p.  779,  Act  1457v. 
Streets.     See   Streets. 
Supervisors    have    charge    of     maintenance    and     repair    of,    p.    277, 

§  2646. 
Supervisors,  powers  of  over  enumerated,  p.  271,  §  2643. 
Surveyor,  contractor  must  pay  for,  p.  273,  §  2643,  subd.  11. 
Unincorporated  cities  authorized  to  establish  and  maintain  lighting 

system  on  roads,  p.  797,  Act  1466. 
Work    advertised    and    let    to    lowest    bidder    when,    p.    272,    §  2643, 

subd.   11. 
Work,  proceedings  on  letting  out  on  bids,  p,  272,  §  2643,  subd.  11. 

HISTORIC    PROPERTY. 

Commission   to   locate   local   historic   material   in   state,   powers   and 

duties  of,  p.  799,  Act  1468d. 
Commission  to  survey  local  historical  material  in  state,  creation  of 

p.   799,   Act   1468d. 

HISTORIC  SPOTS. 

p]roction  of  monuments  to  commemorate,  p.  348,  §  4052c. 

HOGS. 

Inspection  of  hogs  slaughtered  for  food,  p.  715,  Act  1206. 

HOLIDAYS. 

Day  of   maturity   falling  on,   instrument  payable   on  following  day, 

p.   77.   §  3166. 
Enumeration   of,   p.   161,  §  10. 
Last  day  falling  on,  computation  of  time,  p.  99,  §  3266c. 

HOME  FOR  FEEBLE-MINDED. 

Transfer   of    patients    from     to    state     hospital    for    insane,   p.    253, 
§2187. 

HOME  TEACHERS.     Sec  Schools. 


1450  INDEX. 

HOMESTEADS. 

Death    of    spouse,    proceedings    for    termination    of    interest,    p.    32, 

§  1723. 
Disposition  of  iu   action  bv   wife   for  maintenance  without  divorce, 

p.  37,  §  137. 
Probate.     See  Estates  of  Decedents. 

HONOR. 

Acceptance  of  bill  of  exchange  for  honor,  p.  93,  §  3242. 
Payment  for.     See  Bills  of  Exchange. 

HORTICULTURE.     See     County     Horticultural     Commissioner;      Fruit; 
State   Board   of   Horticultural   Examiners;    State     Commissioner 
of  Horticulture. 
Insects.     See  Insects. 

Eepeal  of  act  for  investigation  of  effect  of  smelter  fumes  on, 
p.  1238,  Act  3670. 

HOSPITALS. 

Employer  furnishing  hospital  service  to  employees,  regulation  of, 
p.'lOlO,  Act  2144g. 

Insane,  hospitals  for.     See  Insane  Asylums. 

Provision  prohibiting  keeping  of  hospital  for  contagious  or  infec- 
tious diseases  repealed,  p.  105,  §  373. 

HOTELS. 

Act  of  1913  regulating  building  and  occupancy  of,  repealed,  j).  800, 

Act   1530. 
Act   of   1917   relating   to   building,    maintenance   and    occupancy    of, 

p.   800,   Act   1530a. 
Ecgulatious    in    connection    with,    act    of    1917    relating   to,    p.    837, 

Act  1532. 
Eegulation    in    connection    with    and    providing    for    sanitation    of, 

repeal  of  act  of  1915,  relating  to,  p.  837,  Act  1531. 
Sanitation   of   rooms   and   sanitary   method   of   handling   bedclothes, 

p.  837,  Act  1532. 
Sheets,  provision  relating  to  length  of,  p.  837,  Act  1532. 
State  hotel  and  lodging-house  act  of  1917,  p.  800,  Act  1530a, 

HOURS  OF  LABOR. 

Bight-hour  law  for  women  employees,  p.  839,  Act  1537. 
Infants,  of,  act  regulating,  p.  841,  Act  1611. 

Hours  of  rest  for  city  employees  employed  more  than  one  hundred 
and  twenty  hours  a  week,  p.  1131,  Act  2389  1. 

HOUSE-BOATS. 

Provision  as  to  authorizing  in  streams  used  for  domestic  purposes, 
J).    1151,   Act   2830. 

HOUSE-FINCH.     See   Game   Laws. 

HOUSING    COMMISSION. 

liiiiiiigration  and  housing  act  of  1913,  amendments  of  1917  relating 
to,  p.  840,  Act  1589. 

HUMBOLDT  COUNTY. 

,\ssci-sor,     cominissions    to    be     piiid    into     county     treasury,    p.    411, 

§  4214,   subd.    8. 
Assessor,  deputies  and  assistants,  nuiribcr,  aiiiiointiiient  and  salaries, 

p.  411,  §  4244,  subd.  8. 


INDEX.  1451 

HUMBOLDT  COUNTY  (Continued). 

Assessor,   may   employ  assistants  in   making   maps,  plats  and   draw- 
ings, p.  411,  §  4244,  subd.  8. 
Assessor,  salary  of,  p.  411,  §  4244,  subd.  8. 
Auditor,    deputies,    number,    appointment    and    salaries    of,    p.    411, 

§4244,  subd.  4. 
Auditor,  salary  of,  p.  411,  §  4244,  subd.  4. 
Constables,  fees,   what  allowed   to,   p.   411,   §  4244,   subd.   17, 
Constables,  number,  salaries  and  fees,  p.  411,  §  4244,  subd.  17. 
Coroner,  fees  of,  p.  411,  §4244,  subd.  10. 
County   clerk,   deputies,    number,   appointment   and   salaries,   p.   411, 

§4244,  subd.   1. 
County  clerk,  salary  of,  p.  411,  §  4244,  subd.  1. 
District   attorney,    deputy    and    assistants,    appointment    and   salary, 

p.  411,  §  4244,  subd.  9. 
District  attorney,  not  to  practice  law  while  in  office,  p.  411,   §  4244, 

subd.  9. 
District  attornej^,  salary  of,  p.  411,  §  4244,  subd.  9. 
Jurors,  grand,  compensation  and  mileage,  p.  411,  §  4244,  subd.  18. 
Jurors    in   justices'   courts,    fees    and    mileage,   p.   411,    §  4244,    subd. 

19. 
Jurors,   trial,  compensation   and   mileage,  jj.  411,   §  4244,   subd.  18. 
Justices,  fees  collected  by  to  be  paid  into  county  treasury,  p.  411, 

§  4244,  subd.  16. 
Justices,  number  and  salaries  of,  p.  411,  §  4244,  subd.  16. 
License  collector,  allowed  ten  per  cent  of  collections,  p.  411,  §  4244, 

subd.  7. 
Official  shorthand  reporter,  salary  and  fees,  p.  411,  §  4244,  subd.  15. 
Probation  officer  of  and  salary  of,  p.  955,  Act  1770a,  §  19  i. 
Public  administrator,  fees  of,  p.  411,  §  4244,  subd.  11. 
Eecorder,  deputies,  number,  appointment  and  salary,  p.  411,   §  4244, 

subd.  3. 
Recorder,  fees,  what  to  pay  into  treasury  and  what  may  keep   p.  411, 

§4244,   subd.   3. 
Recorder,  salary  of,  p.  411,  §  4244,  subd.  3. 

Salaries  and  fees,  how  and  when  paid,  p.  411,  §  4244,  subd.  20. 
Sheriff,   deputies,   number,  appointment  and   salaries,  p.  411,   §  4244, 

subd.  2. 
Sheriff,  salary  of,  p.  411,  §  4244,  subd.  2. 

Shorthand  reporter,  salary  and  allowances,  p.  411,   §  4244,  subd.  15. 
Superintendent  of  schools,   deputv,  appointment  and  salary,   p.  411, 

§4244,    subd.    12. 
Superintendent   of   schools,   salary   of,   p.   411,    §  4244,   subd.   12. 
Sui^ervisors,  mileage  as  road  commissioners,  p.  411,  §  4244,  subd.  14. 
Supervisors,  salary  and  mileage,  p.  411,  §  4244,  subd.  14. 
Surveyor,  salary  and  expenses,  p.  411,  §  4244,  subd.  13. 
Tax  collector,  deputy,  appointment  and  salary,  p.  411,  §  4244,  subd.  6. 
Tax  collector,  salary  of,  p.  411,  §  4244,  subd.  6. 
Treasurer,  deputy,  appointment  and  salary,  p.  411,  §  4244,  subd.  5. 
Treasurer,  salary  of,  p.  411,  §  4244,  subd.  5. 

HUNTERS.     See   Game  Laws. 

HUSBAND  AND  WIFE. 

Community  property,  conveyance  or  mortgage  of,  wife  must  join  in, 

p.  3S,  §  172a. 
Community  property,  gift  of,  husband  cannot  make  without  consent 

of  wife,  p.  38,  §  172. 


1452  INDEX. 

HUSBAND  AND  WIFE  (Coutinued). 

Comnumitv  real  property,  husband  has  management  and  control  of, 

p.. 38,  "§1723. 
Community    property,    lease    longer    than    year,    wife    must    join    in 

execution  of,  p.  38,  §  172a. 
Community  property,   limitation  of  action   to   set  aside,  lease,   deed 

or  mortgage  of  by  husband  alone,  p.  38,  §  172a. 
Community    personal    property,    management,    disposition    and    con- 
trol of,  p.  38,  §  172. 
Community    property,    presumption  ^f    validity    of    mortgage,    lease 

or  conveyance  of  by  husband  alone,  p.  38,  §  172a. 
Community  property,  property  conveyed  to  wife,  presumption  as  to, 

p.    37,    §  164. 
Community  property,  what  property  is,  p.  37,  §  164. 
Conveyance  by  married  wom.an,  limitation  of  action  to  recover,  p.  37, 

§  164. 
Conveyance  by  wife,  limitation  of  action  to  recover  as  community 

property,  p.  37,  §  164. 
Conveyance  or  encumbrance  by  wife,  presumption  in  favor  of  pur- 
chaser or  encumbrancer,  p.  37,  §  164. 
Conveyance  to  husband  and  wife,  presumj^tion  on,  p.  37,  §  164. 
Conveyance  to  wife  and  third  person,  presumption  on,  p.  37,  §  164. 
Insane  spouse,  appointment  of  guardian  at  instance  of  other  spouse, 

p.  40,  §  242. 
Maintenance,  action  by  wife  for  without   divorce,  when  lies,  p.  37, 

§137. 
Maintenance,   allowance   of   alimony  in   action   for   without   divorce, 

p.  37,  §  137. 
Maintenance,  disposition  of  community  property  in  action  for,  p.  37, 

§  137. 
Maintenance,  disposition  of  homestead  in  action  for,  p.  37,  §  137. 
Maintenance,  judgment  in  order  for,  enforcement  of,  p.  37,  §  137. 
Maintenance,  orders  of  court  in  action  for  mav  be  varied  or  revoked, 

p.  37,  §  137. 
Presumption  on  conveyance  of  property  to  husband  and  wife,  p.  37, 

§  164. 
Presumption  on  conveyance  to  married  woman,  p.  37,  §  164. 
Presumption  on  conveyance  to  wife  and  third  person,  p.  37,  §  164. 
Eesidence  of  husband  as  residence  of  wife,  p.  190,  §  1239. 
Separate   property,   presumption   on   conveyance   to   married   woman, 

p.  37,  §  164. 
Witnesses,  husband  or  wife  as.     Sec  Privileged  Communications. 


ICE-CREAM. 

])(m1;ii(m1  a  milk  product,  p.  533,  Act  47c. 

IDENTIFICATION. 

('liiiiiiial.     Sec  Bureau  of  Criminal  Identification. 

ILLEGITIMACY.     See  Legitimacy. 

IMMIGRATION. 

Iminij^ralion  and  housing  act  of   1013^  amendments  of  1017  relatiuj 
to,  p.  840,  Act  liiSO. 


INDEX.  1453 

IMPERIAL  COUNTY. 

Assessor,   deputies,   number,   appointment,   salaries  and   fees,   p.   4S5, 

§  4265,  subd.  7. 
Assessor,  not  allowed  fees  for  collection  of  [icrsonal  property  taxes, 

p.  485,  §  4265,  subd.  7. 
Assessor,  salary  of,  p.  485,  §  42G5,  subd.  7. 
Auditor,  salary  of,  p.  485,  §  4265,  subd.  4. 
Constables,  duties  of,  p.  485,  §  4265,  subd.  14. 
Constables,  population  of  counties,   how  ascertained  for  purpose   of 

fixing  salaries,  p.  485,  §  4265,  subd.  16. 
Constables,  salaries,  mileage  and  fees  of,  p.  485,  §  4265,  subd.  15. 
Coroner,  fees  of,  p.  485,  §  4265,  subd.  9. 
County  clerk,  deputies,  number,  appointment  and  salaries  of,  p.  485, 

§  4265,  subd.  1. 
County  clerk,  salary  of,  p.  485,  §  4265,  subd.  "1. 
County  health  officer,  deputies,  number  of  and  salaries,  p.  485,  §  4265, 

subd.  19. 
County  health  officer,  salary  of,  p.  485,  §  4265,  subd.  19. 
County  physician,  salary  of,  p.  485,  §  4265,  subd.  18. 
District  attorney,  deputy,  salary  of,  p.  485,  §  4265,  subd.  8. 
District  attorney,  salary  of,  p.  485,  §  4265,  subd.  8. 
District     attorney,     stenographer,     appointment,    compensation     and 

duties,  p.  485,  §  4265,  subd.  8. 
Expenses,    officers    are    allowed    unless    otherwise    provided,    p.    485, 

§  4265,  subd.  20. 
Health  officer,  deputies,  number  and  appointment  of,  p.  485,  §  4265, 

subd.  19. 
Horticultural    commissioner,    inspectors,    number,    appointment    and 

salaries,  p.  485,  §  4265,  subd.  17. 
Horticultural  commissioner,  salary  of,  p.  485,  §  4265,  subd.  17. 
Jurors,  grand,  fees  and  mileage,  p.  485,  §  426.5,  subd.  22. 
Jurors,  trial,  fees  and  mileage  of,  p.  485,  §  4265,  subd.  22. 
Justices,  population  of  townships,  how  ascertained  for  purpose  of  fix- 
ing salaries,  p.  485,  §  4265,  subd.  15. 
Justices,  salaries  of,  p.  485,  §  4265,  subd.  13. 
Livestock  inspector,  deputies,  number  and  salaries  of,  p.  485,  §  4265, 

subd.  20. 
Livestock  inspector  is  ex-officio  county  veterinarian,  p.  485,  §  4265, 

subd.  20. 
Livestock  inspector,  salary  of,  p.  485,  §  4265,  subd.  20. 
Livestock  inspector  to   devote   entire  time   to   office,   p.  485,   §   4265, 

subd.  20. 
Probation  officer,  salary  of,  p.  485,  §  4265,  subd.  21;  p.  955,  Act  1770a, 

§  19  i. 
Public  administrator,  fees  of,  p.  485,  §  4265,  subd.  10. 
Recorder,  deputv  and  copyists,  appointment  and  compensation,  p.  485, 

§  4265,  subd.  3.  ' 

Recorder,  salary  of,  p.  485,  §  4265,  subd.  3. 
Sanitary  inspector,  duties  and  salary,  p.  485,  §  4265,  subd.  18. 
Sheriff,  salary  and  mileage,  p.  485,  §  4265,  subd.  2. 
Sheriff,    under-sheriff    and    deputies,    appointment    and    salaries    of, 

p.  48.5,  §  4265,  subd.  2. 
Superintendent  of  schools,  deputy,  appointment  and  salarv  of,  p.  485, 

§  4265,  subd.  11.  " 

Superintendent  of  schools,  receives  no   compensation  as  member   of 

board  of  education  or  as  secretary,  p.  485,  §  4265,  subd.  11. 


1454  INDEX. 

IMPERIAL  COUNTY  (Contiuued). 

Superinteudent  of  schools,  salary  of,  p.  485,  §  4265,  subd.  11. 

/Supervisor,  salaries  of,  p.  4S5,  §  4265,  subd.  16. 

Surveyor,   duty  to  prepare   maps,  plats  or  blocdi-books   for  assessor, 

p.  485,  §  4265,  subd.  12. 
Surveyor,  salary  of,  p.  485,  §  4265,  subd.  12. 
Tax  collector,  salary  and  commissions  on  licenses  collected,  p.  485, 

§  4265,  subd.  6. 
Treasurer,  salary  of,  p.  485,  §  4265,  subd.  5. 

IMPRISONMENT.     See  Sentence. 

Probationary  treatment.     See  Probation. 

INCLOSURES. 

Entering  upon   without   permission   to   hunt   a   misdemeanor,   p.   110, 
§602. 

INCUMBRANCE.     See  Encumbrance. 

INDEMNITY.     See  Insurance. 

INDEPENDENT  ORDER  OF  ODD  FELLOWS. 

Grant  of  certain  lands  in  San  Diego  to  Lodge  Xo.  153,  p.  1205,  Act 
3158c. 

INDIANS. 

Money    from   national    government   for    Indians   in    schools,    p.   201, 

§  1543,  subd.  17. 
Separate  schools  for  Indian  children,  p.  221,  §  1662. 

INDETERMINATE  SENTENCES.      See  Sentence. 

INDORSEMENT. 

Negotiable  instrument,  of.     See  Negotiable  Instruments. 

INDUSTRIAL  ACCIDENT  COMMISSION. 

Inspection  of  elevators  by,  p.  700,  Act  1025b. 

Jurisdiction  of  over  safety  of  employees  of  public  utilities,  p.  1035, 

Act  2143e. 
Permits  for  operation  of  steam  boilers,  to  issue,  p.  1269,  Act  3890. 

INDUSTRIAL  LOAN  COMPANIES. 

Incorporation,  powers  and  supervision  of,  p.  640,  Act  777. 

INFANTS.     See  Orphan  Asylums;  Parent  and  Child. 
Adoption.     Sec  Adoption. 
Assignment   or  indorsement   of   negotiable   instrument  by,   effect   of, 

p.  64,  §  3103. 
Employment  of  minors  under  certain  ages,  prohibition  of,  p.  841,  Act 

1611. 
Employment  of,  regulation  of,  p.  841,  Act  1611. 
Hours  of  labor  of,  p.  841,  Act  1611. 
J 1  legitimate  child.     See  Legitimacy. 
Illiterate  employment  of  prohibited,  p.  841,  Act  1611. 
.Juvenile  court.     See  Juvenile  Court. 

Juvenile  court  law,  amendments  of  1917,  p.  954,  Act  1770a. 
Ticase,  j)roperty  of  infant,  how  long  may  be  leased,  p.  54,  §  718. 
Whittier  State  Sciiool.     See  Whittier  State  School. 

INFANTRY.     See  National  Guard. 


INDEX.  1455 

INHERITANCE  TAXES.     See  Taxation. 

INITIATIVE.     See  Eeferendum. 

Act  does  not  apply  to  cities  witii  provision  for  initiative,  p.  S-12,  Act 

1624. 
Act  docs  not  apply  to  street  proceedings,  p.  S-±2,  Act  1624. 

INJUNCTION. 

Diversion  of  water,  action  to  enjoin,  defense  that  water  used  for  irri- 
gation and  proceedings  on,  p.  12,  §  534, 

INQUEST. 

Jury  of,  defined,  p.  6,  §  195. 

INSANE.     See  Insane  As^dumsj  Insane  Persons. 

INSANE  ASYLUMS.     See  Insane  Persons. 

Agnews  State  Hospital,  trustees  authorized  to  grant  rights  of  way 
for  spur  track  to  Soutliern  Pacific  Company,  p.  852,  Act  1648a. 

Escape,  assisting  escape  or  attempt  to  escape  by  inmate  a  misde- 
meanor, p.  1U3,  §  109a. 

Lunacy  commission,  powers  of  enumerated,  p.  253,  §  2141. 

Pacific  Colony  for  feeble-minded  and  epileptics,  admission  and  com- 
mitments to,  p.  842,  Act  1648. 

Pacific  Colony  for  feeble-minded  and  epileptics,  establishment  of, 
p.  842,  Act  1648. 

Pacific  Colony  for  feeble-minded  and  epileptics,  funds  for,  p.  842,  Act 
1648. 

Pacific  Colony  for  feeble-minded  and  epileptics,  government  and 
maintenance  of,  p.  842,  Act  1648. 

Pacific  Colony  for  feeble-minded  and  epileptics,  penalty  for  aiding 
escape,  p.  842,  Act  1648. 

Pacific  Colony  for  feeble-minded  and  epileptics,  penalty  for  having 
people  adjudged  feeble-minded,  p.  842,  Act  1648. 

Pacific  Colony  for  feeble-minded  and  epileptics,  sterilization  of  in- 
mates, p.  842,  Act  1648. 

Patients,  transfer  of  patients  from  one  hospital  to  another,  p.  253, 
§  2187. 

Salaries  of  officers  of,  fixing  of,  p.  253,  §  2141. 

Secretary  of,  term  of  office  of,  p.  253,  §  2141. 

Stockton  State  Hospital,  removal  of  bodies  from  cemetery  and  dis- 
position of,  p.  842,  Act  1635b. 

INSANE  PERSONS.     See  Insane  Asylums. 

Asexualization  of,  provision  for,  p.  558,  Act  248;  p.  842,  Act  1648. 

Guardian  for,  at  whose  instance  appointed,  p.  40,  §  242. 

Guardian,  may  be  appointed  by  will  or  deed,  p.  40,  §  242. 

Guardian  of,  appointment  of,  rules  for  selection  and  designation  of, 
p.  33,  §  1764a. 

Lease,  property  of  insane  person,  how  long  mav  be  leased,  p.  54, 
§718. 

Patients,  transfer  from  home  for  feeble-minded  to  state  hospital, 
p.  253, §  2187. 

Teacher,  deceased  annuitant,  collection  by  heirs  or  guardian  of  bal- 
ance due  from  teachers'  pension  fund,  p.  29,  §  1455. 

INSANITY.     See  Insane  Asylums;  Insane  Persons. 


1456  INDEX. 

INSECTS. 

Injurious  insects,  importation  into  state,  prevention  of,  p.  853,  Act 
1651. 

INSOLVENCY.     See  Bankruptcy. 

INSPECTOR-GENERAL.     See  National  Guard. 

INSTRUCTION.     See  Schools. 

INSURANCE  COMMISSIONERS.     See  Insurance  Companies. 

I>eputy  of,  salary  of,  p.  165,  §  5S9. 

Examination  of  insurance  companies  by,  powers,  duties  and  proce- 
dure, p.  169,  §  597.     See  Insurance  Companies. 

Expenditures  of,  allowance  and  payment  of,  p.  165,  §  591. 

License,  suspension,  revocation  or  refusal  to  grant,  action  to  review, 
p.  176,  §  633b. 

Offices,  furniture,  stationery,  fuel,  etc.,  p.  165,  §  591. 

Report  of  investments  to  insurance  commissioner  and  authority  of, 
p.  47,  §  421. 

Salary  of,  p.  165,  §  589. 

Special  fund,  creation  and  amount  of  and  how  constituted,  p.  165, 
§591. 

Surplus  line  brokers.     See  Insurance  Companies. 

Traveling  and  other  expenses  of,  p.  165,  §  591. 

INSURANCE  COMPANIES.     See  Insurance  Commissioners. 

Accident,  prevention  of  discriminations  in  connection  with,  p.  863, 
Act  1670a. 

Accident,  standard  provisions  incorporated  in,  p.  863,  Act  1670a. 

Agent,  license  to,  provision  relating  to,  p.  172,  §  633. 

Assessment  of  real  estate  owned  by,  reduction  of  by  state  board 
of  equalization,  p.  336,  §  3670a. 

Beneficiaries  of  workmen's  compensation  insurance  policies,  protec- 
tion against  insolvency  of  insurance  carriers,  p.  1036,  Act  2143f. 

Brokers,  license  to,  provisions  relating  to,  p.  174,  §  633a. 

Certificate  of  authority,  application  for,  examination  of  company, 
p.  169,  §597. 

Certificate  of  authority,  expiration  of,  p.  166,  §  596. 

Certificate  of  authority  from  insurance  commissioner  necessary  be- 
fore doing  business,  p.  166,  §  596. 

Certificate  of  authority  not  to  be  granted  or  renewed  to  company  in 
default,  p.  166,  §  596. 

(.'ertificate  of  authority,  when  not  to  issue,  p.  169,  §  597. 

Compliance  with  statutory  provisions  necessary  before  doing  busi- 
ness, p.  166,  §  596. 

('onnty  fire  insurance  companies,  amendiiient  of  act  for  organization 
and  management  of,  p.   853,  Act   ]6()7. 

Employers'  liability  ai-t  of  1913,  rejical  of  certain  sections,  p.  1039, 
Act  2144a. 

Employers'  liability  and  workmen's  compensation  act  of  1917,  p.  988, 
Act  2143c. 

Examination  of  by  insurance  commissioners,  powers,  duties  and  pro- 
cedure, p.  169,  §  597. 

Examination  of  state  comjiensation  insurance  fund  by  commissioner 
authorized,  p.  169,  §  597. 

Eire,  establishment  of  gnaraiity  surjjlus  funds  and  special  reserve 
funds  and  limiting  liability,  p.  877,  Act  1672m. 


INDEX.  1457 

INSURANCE  COMPANIES  (Continued). 

Fire,  establishment   of   guaranty   surplus    funds    and   special    reserve 
funds,  waiver  of  recourse  against  stockholders,  p.  877,  Act  1672m. 

Fire,  may  invest  funds  in  what  bonds  or  securities,  p.  47,  §  421. 

Fire,  procedure  in  making  investment,  and  record  of,  p.  47,  §  421. 

Fire,  investments,  report  of  to   commissioner  and   authority  of  com- 
missioner, p.  47,  §  421. 

Foreign,  deemed  organized  in  states  where  statutory  deposits  main- 
tained, p.  169,  §  597. 

Foreign  countries,    investments    by    corporations    doing   business   in, 
p.  47,  §  421. 

Health,  incorporation  of  standard  provisions  in  policy,   p.   863,   Act 
1670a. 

Health,  preventioir  of  discriminations  in  connection  with,  p.  863,  Act 
1670a. 

Indebtedness  of  liability  insurance  companies,  how  estimated,  p.  170, 
§  602a. 

Indemnities,  act  of  1917,  providing  for  reciprocal  and  inter-exchanges 
of,  p.  872,  Act  1672k. 

Indemnities,  contracts  for  exchange  of,  repeal  of  act  of  1911  relating 
to,  p.  871,  Act  1672c. 

Indemnities,  reciprocal  and  inter-exchanges  of,  license  fee,  p.  872,  Act 
1672k. 

Investments    by    corporations    doing    business    in    foreign    countries, 
p.  47,  §  421. 

Investments,  funds  may  be  invested  in  what  bonds  or  securities,  p.  47, 
§421. 

Investments,  procedure  in  making  and  record  of,  p.  47,  §  421. 

Investments,  report   of   to   insurance   commissioner   and   authority   of 
commissioner,  p.  47,  §  421. 

Liability,  indebtedness  of,  how  estimated,  p.  170,  §  602a. 

License,  suspension,  revocation  or  refusal  to  grant,  action  to  review, 
p.  176, §  633b. 

Life,  beneficiary  of  installments,  restraining  disposition  of  by  condi- 
tion in  policy,  p.  56,  §  2767. 

Life,  investments,  procedure  in  making  and  record  of,  p.  47,  §  421. 

Life,  maj-  invest  funds  in  what  bonds  or  securities,  p.  47,  §  421. 

Life,  investments  by  in  its  own  policies,  p.  47,  §  421. 

Life,  investments,  report  of  to  commissioner  and  authority   of  com- 
missioner, p.  47,  ?421. 

Marine,  investments,  procedure  in  making  and  record  of,  p.  47,  §  421. 

Marine,  may  invest  funds  in  what  bonds  or  securities,  p.  47,  §  421. 

Marine,  investments,  report  of  to  commissioner  and  authority  of  com- 
missioner, p.  47,  §  421. 

Mutual  insurance    on    assessment    plan.     See    Mutual    Insurance    on 
Assessment  Plan. 

Mutual  insurance  on  investment  plan,  authority  as  to.     See  Mutual 
Insurance  on  Assessment  Plan. 

Not  authorized,  acting  as  agent  or  soliciting  insurance  for,  p.   166, 
§  596. 

Not   authorized,   conditions   of   soliciting  insurance   in   on   interstate 
carriers,  p.  166,  §  596. 

Not  authorized,  effecting  insurance  on  one's  own  property  in,  p.  166, 
§  596. 

Police.     See  Police. 
92 


1458  INDEX. 

INSURANCE  COMPANIES  (Continued). 

Premium,  eoutiaet  to  contain  correct  statement  of,  p.  176,  §  633b. 

Premium,  rebating  of,  provision  against,  p.  176,  §  633b. 

Procuring  insurance  from  companies  not  authorized,  conditions  of, 
p.  166,  §  596. 

Social,  commission  to  investigate  and  advise  as  to  adoption  of  system 
of,  p.  876,  Act  1672  1. 

State  board  of  equalization,  must  report  to,  p.  319,  §  3666a. 

State  board  of  equalization,  report  to,  what  to  show,  p.  319,  §  3666a. 

State  board  of  equalization,  time  to  report  to,  p.  319,  §  3666a. 

Surplus  line  brolcers,  bond  of,  p.  166,  §  596. 

Surplus  line  brokers,  insurance  with  unauthorized  companies  to  be 
procured  through,  p.  166,  §  596. 

Surplus  line  brokers,  license  of,  p.  166,  §  596. 

Surplus  line  brokers,  rights,  duties  and  liabilities  of,  provision  re- 
lating to,  p.  166,  §  596. 

Surplus  line  broker,  tax  on  premium  placed,  p.  166,  §  596. 

Title  insurance,  action  on  policy  of  when  accrues,  p.  10,  §  339. 

Title  insurance,  limitation  of  action  on  policy  of,  p.  10,  §  339. 

INSURANCE    CORPORATIONS.     Sec    Insurance    Commissioners;    Insur- 
ance Companies. 

INTEREST. 

Date  from  which  runs  in  negotiable  instrument,  where  no  date  speci- 
fied, p.  63,  §  3098. 

Loan,  on.     See  Building  and  Loan  Corporations. 

Payment  of  interest  on  secured  claim  by  special  administrator,  p.  28, 
§  1418. 

State  lauds,   on  sale   of,   p.   305,  §  3513. 

INTERPLEADER. 

Double  assessment  by  assessors  of  different  counties,  compelling  coun- 
ties to  interjjlead,  p.  343,  §  3804b. 

INTOXICATING  LIQUORS. 

Adulterated   or   mislabeled,   sale,   manufacture   or   transportation   ot, 

prevention  of,  p.  531,  Act  29. 
State  laboratory  for,  establishment  of,  p.  531,  Act  29. 

INVESTMENT  COMPANIES. 

(•(irpiirate  set-urities  act  of  1917,  p.  881,  Act  1700. 

INVESTMENTS. 

Insurance  companies,  by.     See  Insurance  Companies. 
Mutual  insurance  corporations  on  assessment    plan.     See  Mutual  In- 
surance Companies  on  Assessment  Plan. 

INYO  COUNTY. 

Assessor,  salarv  of,  p.  503,  §  4276,  subd.  7. 

Auditor,  salary  of,  p.  503,  §  4276,  subd.  4. 

Constables,  foes  of,  p.  503,  §  4276,  subd.  14. 

Coroner,  fees  of.  p.  503,  §  4276,  subd.  9. 

County    clerk,    dei.uty,    aj.point nient    and    salary    of,    p.    oO.V.  S4-<(i, 

subd.  1.  ,  ,    -, 

flounty  clerk,  salary  of,  p.  503,  §  4276,  subd.  1. 
District  attorney,  salary  of,  p.  503,  §  4276,  subd.  8. 
.Jurors,  grand,  fees  and  mileage,  p.  505,  §  4276a. 


INDEX.  1459 

INYO  COUNTY  (Continued). 

Jurors,  trial,  fees  and  mileage,  p.  505,  §  4276a. 

Justices,  salaries  and  fees  of,  p.  503,  §  4276,  subd.  13. 

Justices,  supervisors,  determining-  population  to  townships  for  pur- 
pose of  fixing  salaries,  p.  503,  §  4276,  subd.  16. 

OfBcial  reporter,  compensation,  allowances  and  expenses  of,  p.  503, 
§  4276,  subd.  16. 

Population  of  townships,  supervisors  determine  for  purpose  of  fixing 
salaries,  p.  503,  §  4276,  subd.  16. 

Public  administrator,  fees  of,  p.  503,  §  4276,  subd.  10. 

Eecorder,  copyists,  appointment  and  compensation  of,  p.  503,  §  4276, 
subd.  3. 

Recorder,  fees  to  be  paid  into  county  treasury,  p.  503,  §  4276,  subd.  3. 

Eecorder,  salary  of,  p.  503,  §  4276,  subd.  3. 

Sheriff,  salary  and   mileage,  p.  503,  §  4276,   subd.   2. 

Sheriff,  to  pay  salaries  of  deputies,  p.  503,  §  4276,  subd.  2. 

Superintendent  of  schools,  salary  of,  p.  503,  §  4276,  subd.  11. 

Supervisors,  allowances  to  while  serving  as  road  commissioners,  p.  503, 
§  4276,  subd.  15. 

Supervisors,  salary  and  mileage  of,  p.  503,  §  4276,  subd.  15. 

Surveyor,  fees  of,  p.  503,  §  4276,  subd.  12. 

Tax  collector,  salary  of,  p.  503,  §  4276,  subd.  6. 

Treasurer,  salary  of,  p.  503,  §  4276,  subd.  5. 

Witnesses,  demanding  fees  and  mileage  in  advance,  p.  505,  §  4276a. 

Witnesses,  fees  and  mileage,  p.  505,  §  4276a. 

IRRIGATION. 

.    Act   of   1897   for  irrigation   and   government   of   irrigation   districts, 

amendments  of  1917  to,  p.  900,  Act  1726. 
Act  of  1913  making  bonds   of  districts  legal   investments   for  trust 

funds,  amendment  of  1917  of,  p.  916,  Act  1732b. 
Baxter  Creek  irrigation  district,  proceedings  for  formation  of  vali- 
dated, p.  899,  Act  1725  1. 
California  irrigation  act,  creation  of  irrigation  board  under,  p.  917, 

Act  17321. 
California  irrigation   act    of    1915,   amendments    of   1917   to,   p.   917, 

Act  17321. 
California   irrigation   act   of   1915   as   amended   in   1917,   p.   917,   Act 

1732i. 
California   irrigation    act,    irrigation    board,    powers    and    duties    of, 

p.  917,  Act  1732i. 
California  irrigation  act,  water  districts  formed  under,  management, 

control  and  supervision  of,  p.  917,  Act  17321. 
California  irrigation  district  act,  p.  900,  Act  1726. 
Carmichael   Irrigation  District,  formation   of   validated,   p.   89S,   Act 

1725e. 
Co-operation   and   contract   between   irrigation    districts   and   United 

States  for,  water  works,  etc.,  p.  895,  Act  17233. 
Co-operation  between  state  and  United  States  for  storage  of  water 

for,  p.  917,  Act  1732i. 
Co-operation   of  districts  with   districts   in  adjoining  states,   p.   953, 

Act  1732  1. 
Districts  authorized  to  contract  with  United  States  reclamation  ser- 
vice for  reclamation  of  lands,  p.  951,  Act  1732j. 
Happy    Valley   Irrigation    District,   formation    of    validated,   p.    898, 

Act  1725f. 


1460  INDEX. 

IRRIGATION  ( Continued). 

Lindsay-Strathmore     Irrigation     District,     formation     of     validated, 

p.  899,  Act  1725J. 
Los   Angeles   County  Drainage   District  Improvement   No.   1,  forma- 
tion of  validated,  p.  899,  Act  1725m. 
Paradise    Irrigation    District,    formation    of    validated,    p.    898,    Act 

l"25g. 
Princeton-Codora-Glenn  Irrigation   District,   formation   of   validated, 

p.  900,  Act   1725n. 
Private  irrigation  plant,  defined,  p.  952,  Act  1732k. 
Private  irrigation  plant,   delivery  of  water  to   other  than   members 

conditions  as  to,  p.  952,  Act  1732k. 
State  lands  within  irrigation  district  subject  to  assessment,  p.  1202, 

Act  2984. 
Stratford   Irrigation    district,    formation    of    validated,   p.    899,    Act 

172oh. 
Terra   Bella  Irrigation  District,  formation  of  validated,  p.  899,  Act 

1725i. 
Use  of  water  for  as  defense  to  action   to  enjoin  for  diversion,  code 

provision  relating  to,  p.  12,  §  534. 
"West   Side   Irrigation   District,   formation   of   validated,   p.   900,   Act 

1725k. 

J 

JACK  RABBITS.     See  Game  Laws. 
JITNEY  BUSES.     See  Automobiles. 

JOINDER  OF  ACTIONS. 

Escheat  proceedings,  in,  p.  24,  §  1269. 

Stockholders,  joinder  of  actions  against,  p.  43,  §  322. 

JOINT  DEBTORS. 

Presentment  of  negotiable  instrument  for  payment  in  case  of,  p.  76, 
§3159. 

JOINT  HIGHWAY  DISTRICTS. 

Creation,  orginiization  and  governniont  of,  ]).  780,  Act  1458f. 

JOINT   INDORSERS. 

Lialiilitv  of.  p.  74,  §  3149. 

JOINT  PARTY. 

Notice  of  dislionor  of  negotiable  instrument,  how  given   where   par- 
ties are  partners,  p.  80,  §  3181. 

JOINT  TENANCY.     See   Cotenancy. 

JOINT  UNION  HIGH  SCHOOL  DISTRICTS.     See   Schools. 

JUDGE  ADVOCATE-GENERAL.     See   National   Guard. 

JUDGES. 

iJistrict  Court  of  Appeal,  of.     See  District  Courts  of  Appeal. 
SiiiKTior  judges.     See  Suj^erior  Judges. 

JUDGMENTS. 

A|.|,calaljlc,  what  judgments  arc,  p.  20,  §  963. 


INDEX,  1461 

JUDGMENTS  (Continued). 

Entry  of  in  tlocket,  what  to  show,  p.  17,  §  671. 
Entry  of  in  docket,  duty  of  clerk,  p.  17,  §  G71. 
Federal   courts,   entry   of   in   docket   where   transcript   of   filed   with 

county  clerk,  p.  17,  §  G71a. 
Federal  courts,  filed  for  record  with  county  recorder,  recording  and 

indexing,  p.  17,  §  G71a. 
Federal  courts,  lien  of  where  filed  for  record  with  county  recorder, 

p.  17,  §  671a. 
Federal  courts,  niav  bo  filed  for  record  with  county  recorder,  p.  17, 

§671a. 
Federal    court,   of,    transcript   of   may   be   filed   with    county    clerk, 

p.   17,  §  671a. 
Lien  of,  duration  of,  p.  17,  §  671. 
Lien  of,  effect  of  appeal  on,  p.  17,  §  671. 
Lien  of  judgment  of  federal  court,  p.  17,  §  671a. 
Lien  of,  when  begins,  p.  17,  §  671. 
Probationary   treatment.     See   Probation. 
Relief  against,  application  for  to  be  accompanied  with  answer,  p.  11, 

§473. 
Relief  against,  cannot  be  granted  after  six  mouths,  p.  11,  §  473. 
Relief  against,-  defendant  not  personally  served  may  be   allowed  to 

answer  within  year,  after  judgment,  p.  11,  §  473. 
Relief  against,  grounds  of,  p.  11,  §  473. 
Relief  against,  power  of  court  as  to,  p.  11,  §  473. 
Sentence.     See  Sentence. 
To   direct  prisoner   to   be   taken   to   warden   of   San   Quentin   prison, 

p.  149,  §  1202a. 

JUDICIAL  SALES. 

Change  of  possession  not  necessary,  p.  100,  §  3440. 

JUNIOR  COLLEGE  COURSES.     See  Schools. 

JURISDICTION. 

Justices'  Courts,  of.     See  Justices'  Courts. 
Juvenile  court.     See  Juvenile  Court. 

JURORS.     See  Jury;  Jury  Commissioners. 

Box,  deposit  of  names  in  by  clerk,  p.  9,  §  246. 

Box,  sealing,  locking  and  opening,  p.  9,  §  246. 

Clerk  to  call  list  at  opening  of  court,  p.  9,  §  246. 

Clerk  to  write  names  on  ballots  and  deposit  in  jury-box,  p.  9,  §  246. 

Elisor,  appointment  of  to  summon,  p.  8,  §  226. 

Excuse  of,  accepting  affidavit  of  excuse  without  personal  appearance, 
p.  9,  §  246. 

Excuse  from  service,  grounds  for,  p.  6,  §  201. 

Excuses  of  jurors  summoned,  hearing  of,  p.  9,  §  246. 

Fees,  duty  of  clerk  of  court  in  relation  to,  p.  707,  Act  1119. 

Fees  of  grand  and  trial  jurors,  p.  707,  Act  1119. 

Fees,  payment  of  in  case  of  discharge  of  jury  without  finding  ver- 
dict, p.  707,  Act  1119. 

Fees  to  be  deposited  in  advance,  p.  707,  Act  1119. 

Lists  of  jurors  by  whom  and  when  to  be  made,  p.  6,  §  204. 

Xumber  required,  superior  court  to  designate,  p.  6,  §  204. 

Selection  of.     See  Jury  Commissioner. 

Selection  and  listing  of,  p.  6,  §  204. 

Selection  in  cities  and  counties  over  100,000,  manner  of,  p.  6,  §  204. 


1462  INDEX. 

♦  * 

JURORS  (Continued). 

Selection  of  by  judges  from  lists  furnished  by  jury  commissioner, 
p.  8,  §  204d. 

Selection  of,  judges  not  confined  to  lists  prepared  by  jury  commis- 
sioner, p.  8,  §  204d. 

Summoning,  where  sufficient  number  not  drawn  or  do  not  appear, 
procedure,  p.  8,  §  226. 

Superior  judges  to  select  in  cities  over  100,000,  p.  6,  §  204. 

Women,  eligibility  of,  p.  6,  §  204. 

JURY.     See  Jurors;  Jury  Commissioner. 
Definition  of,  p.  5,  §  190. 
Grand.     See  Grand  Jury. 
Inquest,  jury  of  defined,  p.  6,  §  195. 

Misdemeanor,  number  of  trial  jury  in  cases  of,  p.  6,  §  194. 
Powers  of,  p.  5,  §  190. 
Trial,  definition  of,  p.  6,  §  193. 
Trial  jury,  number  of,  p.  6,  §  194. 

JURY  COMMISSIONERS. 

Appointment  of,  majority  of  superior  judges  may  appoint,  p.  7,  §  204a. 

Creation  of  office  of,  p.  7,  §  204a. 

Duties  and  powers  of,  p.  7,  §  204c. 

Expenses,  traveling,  allowance  of  to,  p.  7,  §  204c. 

Lists  of  jurors  by,  superior  judges  not  confined  to  in  selecting  jurors, 
p.  8,  §  204d. 

Lists  of  jurors,  returning  to  judges  by,  p.  8,  §  204d. 

Lists  of  jurors,  selection  of  jurors  from  hy  superior  judges,  p.  8, 
§  204d. 

Lists  of  jurors,  to  furnisli  to  superior  judges  annually,  p.  7,  §  204b. 

Powers  and  duties  of,  p.  7,  §  204c. 

Eules  and  instructions  for  guidance  of,  superior  judges  may  adopt, 
p.  7,  §  204b. 

Salary  of,  amount  of  and  how  audited  and  paid,  p.  7,  §  204a. 

Secretary  of  superior  judges,  appointment  of  to  act  as,  p.  8,  §  204e. 

Secretary  of  superior  judges,  appointed  to  act  as,  salary  of,  p.  8, 
§  204e. 

Selection  of  jurors  by,   p.   7,  §  204a. 

Selection  of  jurors  by  judges  from  lists  furnished  by  jury  commis- 
sioner, p.  8,  §  204d. 

Under  supervision  and  control  of  superior  judges,  p.  7,  §  204b. 

JUSTICES'  CLERKS. 

Cities  and  counties  over  400,000,  civil  service  laws,  when  applicable 

to  clerk  and  deputies,  p.  2,  §  86. 
Cities  and  counties  over  400,000,  clerk  of,  appointment  of,  p.  2,  §  86. 
Cities   and  counties   over  400,000,   clerk   of,   deputies  and   assistants, 

number,  appointment  and  salaries,  p.  2,  §  86. 
Cities  and  counties  over  400,000,  clerk  of,  holds  during  good  behavior, 

p.  2,  §  86. 
Cities  and  counties  over  100,000,  clerk  of,  ontli,  bond  and  salary,  p.  2, 

§86. 
Cities  and  coiinlies  over  400,000,  clerk  of,  salary,  how  paid,  p.  2,  §  86. 
Cities  and  counties  over  400,000,  clerk  of,  salary  to  l)e  in  lieu  of  fees, 

p.  2,  §  86. 
Cities  and  connties  over  400,000,  powers  and  duties  of,  p.  2,  §  86. 
Counties  of  third  class,  clerk  ami  deputy,  appointment  of,  p.  4,  §  103e. 


INDEX.  1463 

JUSTICES'  CLERKS  (Continued). 

Counties  of  third  class,  cJcrk  and  deputy,  oath  and  bond,  p.  4,  §  HJ3e. 
Counties  of  third  class,  cdork  and  deputy,  powers  and  duties  of,  p.  4, 

§  103c. 
Counties  of  third  class,  clerk  and  deputy,  salaries  of  and  how  paid, 

p.  4,  §  103c. 
Counties  of  third  class,  fees,  collection,  accounting  and  payment  into 

treasury,  p.  4,  §  103c. 
Counties  of  third  class,  office  for,  supervisors  to  provide,  p.  4,  §  103c. 
Counties  of  third  class,  office  hours  of,  p.  4,  §  103c. 
Counties  of  third  class,  one  justice's  clerk  and  one  deputy  in,  p.  4, 

§103c. 

JUSTICES'  COURTS. 

Address  of  party,  duty  to  enter  in  register  of  action,  p.  17,  §  850. 
Address  of  party,  service  of  notice  of  trial,  manner  of  where  address 

filed,  p.  17,  §  850, 
Address,  party  appearing  in  person,  to  leave  with  justice,  p.  17,  §  850. 
Attachment,  direction  of  writ  to  sheriff,  p.  19,  §  868. 
Attachment,  keeper,  fees  of  and  i^repaymeBt  of,  p.  19,  §  868. 
Attachment,  form  of  and  contents,  p.  19,  §  868. 

Attachment,  keeper  how  long  may  be  kept  in  possession,  p.  19,  §  868. 
Attachment,  keeper  may  be  placed  in  charge,  when,  p.  19,  §  868. 
Attachment,  keeper,   sheriff  to  take  property  from   after   two   days, 

p.  19,  §  868. 
Attachment,  several  writs  may  issue  at  same  time,  p.  19,  §  868. 
Attachment,  substance  of  writ,  p.  19,  §  868. 

Attachment,  to  be  served  out  of  county,  certificate  to,  p.  19,  §  868. 
Attachments,  to  whom  directed,  p.  19,  §  868. 
Attachment,   undertaking  to   release  by   one   of   several   defendants, 

effect  on  property  of  other  defendants,  p.  19,  §  868. 
Attachment,   undertaking  to   release   by   one   of  several   defendants, 

right  to  give  and  obligation  under,  p.  19,  §  868. 
Attachment,  what  to  require,  p.  19,  §  868. 
Cities,  of,  jurisdiction  of,  p.  2,  §  103. 

Date  of  trial  and  hearing  to  be  entered  in  docket,  p.  17,  §  850. 
Notice  of  trial,  form  and  service,  p.  17,  §  850. 
Notice  of  trial,  return  and  entry  of,  p.  17,  §  850. 
Notice  of  trial,  to  whom  given,  p.  17,  §  850. 
Notice  of  trial.     See  post.  Trial,  this  subject. 

One  hour  in  which  to  appear  after  time  fixed  in  notice,  p.  17,  §  850. 
Townships,  number  of  justices  courts  in,  p.  2,  §  103. 
Trial,  date  of  to  be  entered  in  docket,  p.  17,  §  850. 
Trial,  date  of  to  be  entered  in  minutes,  p.  17,  §  850. 
Trial,  duty  of  justice  to  fix  day  of,  p.  17,  §  850. 
Trial,  notice  of,  entry  of  service  in  docket,  p.  17,  §  850. 
Trial,  notice  of,  form  of,  p.  17,  §  850. 
Trial,  notice  of,  how  served,  p.  17,  §  850. 
Trial,  notice  of,  how  served  where  party  has  appeared  by  attorney, 

p.  17,  §  850. 
Trial,  notice  of,  return   and  filing  of,   p.   17,  §  850. 
Trial,  notice  of,  service  of,  p.  17,  §  850. 
Trial,  notice   of,   service   of  where   party  files   address   -with   justice, 

p.  17,  §  850. 
Trial,  notice  of,  time  of  service,  p.  17,  §  850. 
Trial,  notice  of,  to  be  given,  p.  17,  §  850. 


1464  INDEX. 

JUSTICES'  gOURTS  (Continued). 

Trial,  notice  of,  to  whom  given,  p.   17,  §  850. 

Trial,  notice  of,  when  may  be  served  by  mail,  p.  17,  §  850. 

Trial,  notice  of,  who  may  serve,  p.  17,  §  850. 

Trial,  parties  entitled  to  one  hour  in  which  to  appear,  p.  17,  §  850. 

JUSTICES  OF  THE  PEACE. 

Cities,  jurisdiction  and  powers  of,  p.  2,  §  103. 

Cities  of  first  class,  must  have  been  admitted  to  practice  law,  p.  2, 

§  103. 
Cities  of  first  and  one-half  class,  must  have  been  admitted  to  practice 

law,  p.  2,  §  103. 
Cities  of  first  and  one-half  class,  number  of  justices  in,  p.  2,  §  103. 
Cities  of  first  and  one-half  class,  salaries  of,  p.  2,  §  103. 
Cities  of  second  class,  must  have  been  admitted  to  practice  law,  p.  2, 

§103. 
Cities  of  second  class,  number  of  justices  in,  p.  2,  §  103. 
Cities  of  second  class,  salaries  of,  p.  2,  §  103. 

Cities  of  second  and  one-half  class,  must  have  been  admitted  to  prac- 
tice law,  p.  2,  §  103. 
Cities  of  second  and  one-half  class,  salaries  of,  p.  2,  §  103. 
Cities  of  third  class,  must  have  been  admitted  to  practice  law,  p.  2, 

§  103. 
Cities   of  the  third   class,  number  of  justices  and   election  of,  p.   2, 

§103. 
Cities  of  third  class,  salaries  of,  p.  2,  §  103. 
Cities  of  the  fourth  class,  number  of  justices  in  and  election  of,  p.  2, 

§103. 
Cities  of  fourth  class,  salaries  of,  p.  2,  §  103. 

Fees,  collected  by,  report  of  and  payment  into  treasury,  p.  2,  §  103. 
Law,  cannot  practice  before  another  justice,  p.  2,  §  103. 
Offices,  duty  of  authorities  to  provide  with,  p.  2,  §  103. 
Partner  practicing  law,  justice  of  the  peace  cannot  have,  p.  2,  §  103. 
Salaries  are  sole  compensation,  p.  2,  §  103. 
Salaries  of  and  how  paid,  p.  2,  §  103. 
Townships,  election  of  in,  p.  2,  §  103. 

JUVENILE  COURT. 

Parent  omitting  to  provide   for  child,  jurisdiction   of  juvenile   court 

over,  p.  103,  §  270. 
Whittier  State  School.     See  Whitticr  State  School. 

JUVENILE  COURT  LAW. 

Ollicera  and   assistants   and   salaries   of   in   various   counties,   p.   954, 


Act  1770a. 


K 


KEEPERS. 

.Instice's    court,    in,    p.    19,  §  8G8.     See    Justices'    Courts. 

KELP. 

Control  of  is  in  i\i-h  and  game  commission,  p.  957,  Act  1782. 
F/iccnse  tax  upon  persons  taking,  p.  957,  Act  1782. 
Ownership  of  declared  to  be  in  state,  p.  957,  Act  1782. 
I'rivilege  tax  upon  taking  of,  p.  957,  Act  1782. 
liegulation  of  taking  and  harvesting  of,  p.  957,  Act  1782. 


INDEX.  1465 

KEEN  COUNTY. 

Assessor,  deputies  and  assistants,  appointment,  number  and  compen- 
sation, p.  389,  §  4240,  subd.  7. 
Assessor,  fees  and  commissions  to  be  pai<l  into  treasury,  p.  389,  §  4240, 

subd.  7. 
Assessor,    receives    no    compensation    for    making    out    military-roll, 

p.  389,  §  4240,  subd.  7. 
Assessor,  salary  of,  p.  389,  §  4240,  subd.  7. 
Auditor,  deputies  and  assistants,  number,  appointment  and  salaries, 

p.  389,  §  4240,  subd.  4. 
Auditor,  salary  of,  p.  389,- §  4240,  subd.  4. 
Boundary   between    and   San    Bernardino    count}',    establislmient    of, 

p.  646,  Act  826b. 
Constables,  population  of  townsliips,  how  ascertained  for  purposes  of 

fixing  salaries,  p.  389,  §  4240,  subd.  13. 
Constables,  salaries  and  expenses,  p.  389,  §  4240,  subd.  13. 
Coroner  and  public  administrator,  powers  and  duties,  p.  389,  §  4240, 

subd.  9. 
Coroner  and  public  administrator,  salary  and  expenses,  p.  389,  §  4240, 

subd.  9. 
Coroner,    deputy,    appointment,    powers,    duties    and    compensation, 

p.  389,  §  4240,  subd.  9. 
Coroner,  fees  and  commissions  to  be  paid  into  treasury,  p.  389,  §  4240, 

subd.  9. 
County   clerk,   deputies,    number,   appointment   and   salaries,   p.   389, 

§  4240,  subd.  1. 
County  clerk,  salarj'  and  allowances,  p.  389,  §  4240,  subd.  1. 
District    attorney,    deputies,    clerks    and    stenographer,    appointment, 

terms  of  office  and  salaries,  p.  389,  §  4240,  subd.  8. 
District  attorney,  salary  of,  p.  389,  §  4240,  subd.  8. 
Jurors,  grand,  fees  of,  p.  389,  §  4240,  subd.  14. 
Jurors,  trial,  fees  of,  p.  389,  §  4240,  subd.  14. 

Justices,  population  of  townships,  how  ascertained  for  purpose  of  fix- 
ing salaries,  p.  389,  §  4240,  subd.  13. 
Justices,  salaries  and  fees,  p.  389,  §  4240,  subd.  13. 
Probation   officer   and   assistant   and    salaries   of,  p.   95G,   Act   1770a, 

§  19k. 
Recorder,   deputies,   assistants,   number,   appointment  and   compensa- 
tion, p.  389,  §  4240,  subd.  3. 
Recorder,  expenses  of,  p.  389,  §  4240,  subd.  3. 
Recorder,  salary,  p.  389,  §  4240,  subd.  3. 
Salaries,  provisions  increasing  do   not   apply   to   incumbents,   p.   389, 

§  4240,  subd.  14. 
Sheriff,    deputies,    number,    appointment    and    duties,    p.    389,  §  4240, 

subd.  2. 
Sheriff,  prisoners,  to  make  no  charge  for  boarding  above  actual  cost, 

p.  389,  §  4240,  subd.  2. 
Sheriff,  salary,  fees  and  mileage,  p.  389,  §  4240,  subd.  2. 
Superintendent   of   schools,   deputies   and    salaries   of,   p.   389,  §  4240, 

subd.  10. 
Superintendent  of  schools,  salary  and  expenses,  p.  389,  §  4240,  subd.  10. 
Supervisors,  salary  and  mileage,  p.  389,  §  4240,  subd.  13. 
Surveyor,  deputy,  appointment  and  salary,  p.  389,  §  4240,  subd.  11. 
Surveyor,  salary  and  expenses,  p.  389,  §  4240,  subd.  12. 
Tax  and  license  collector,  deputies  and  clerks,  number,  appointment 

and  compensation,  p.  389,  §  4240,  subd.  6. 


1466  INDEX. 

KEEN  COUNTY  (Continued). 

Tax  and  license  collector,  fees  and  eomniissions  to  be  paid  into  treas- 
ury, p.  3S9,  §  4240,  subd.  6. 
Tax  and  license  collector,  salary  of,  p.  389,  §4240,  subd.  6. 
Treasurer,  deputy,  appointment  ancl  salary  of,  p.  389,  §  4240,  subd.  5. 
Treasurer,   fees    and    commission    to    be    paid    into    county   treasury, 

p.  389,  §  4240,  subd.  5. 
Treasurer,  salary  of,  p.  389,  §  4240,  subd.  5. 
Witnesses,  fees  and  mileage  of,  p.  389,  §  4240,  subd.  14. 

KINDERGARTEN.     See  Schools. 

KINGS  COUNTY. 

Assessor,  commissions  to  be  paid  into  county  treasury,  p.  477,  §  4261, 

subd.  7. 
Assessor,    deputies    and    copyist,    appointment    and    salaries,    p.    477, 

§  4261,  subd.  7. 
Auditor,  deputy,  salary  of,  p.  477,  §  4261,  subd.  4. 
Assessor,  salary  of,  p.  477,  §  4261,  subd.  7. 
Auditor,  salary  of,  p.  477,  §  4261,  subd.  4. 
Constables,  salaries  and  fees  of,  p.  477,  §  4261,  subd.  14. 
Coroner,  fees  of,  p.  477,  §  4261,  subd.  9. 
County  clerk,  deputies,  number,  aj^pointment  and  salaries  of,  p.  477, 

§  4261,  subd.  1. 
County  clerk,  salary  of,  p.  477,  §  4261,  subd.  1. 
District  attorney,  salary  of,  p.  477,  §  4261,  subd.  8. 
Jurors,  grand,  fees  and  mileage,  p.  479,  §^261a. 
Jurors,  trial,  fees  and  mileage,  p.  479,  §  4261a. 
Justices,  salaries  and  fees  of,  p.  477,  §  4261,  subd.  14. 
Probation  officer  and  salary  of,  p.  956,  Act  1770a,  §  19  1. 
Public  administrator,  fees  of,  p.  477,  §  4261,  subd.  10. 
Eecorder,  copyist,  appointment  and  salary,  p.  477,  §  4261,  subd.  3. 
Recorder,  salary  of,  p.  477,  §  4261,  subd.  3. 
Sheriff,  bailiff,  "salary  of,  p.  477,  §  4261,  subd.  2. 
Sheriff,  jailer,  salary  of,  p.  477,  §  4261,  subd.  2. 
Sheriff,  salary  of,  p.  477,  §  4261,  subd.  2. 

Superintendent  of  schools,  salary  of,  p.  477,  §  4261,  subd.  11. 
Supervisors,  salaries  of,  p.  477,  §  4261,  subd.  13. 
Surveyor,  fees  of,  p.  477,  §  4261,  subd.  12. 
Tax  collector,  deputy,  salary  of,  p.  477,  §  4261,  subd.  6. 
Tax  collector,  salary  of,  p.  477,  §  4261,  subd.  6. 
'I'rc.'isnrcr,  salary  of,  p.  477,  §  4201,  subd.  ;1. 

KNIGHTS  LANDING  DRAINAGE  DISTRICT. 

Act  relating  to,  p.  658,  Act  977. 

L 

LABELS.     Sec  Marks  and  Brands. 

LABOR.     Sec  Hours  of  Labor;  Master  and  Servant. 

LABORATORY.     See  State  Laboratory. 

Mislabeled  foods  or  liquors,  manufacture,  sale  or  transportation  of, 
prevention  of,  p.  531,  Act  20. 

LABOR  BUREAU. 

licgist  rat  ion   of   factories   witli,    [i.   9S3.   Act   2i)6;!. 


INDEX.  1467 

LABOR  COMMISSIONER. 

Euforccment  of  law  to  prevent  taking  of  fee  in  consideration  of  em- 
ployment, p.  987,  Act  2140c;  p.  1034,  Act  2143d. 

Notifying  boards  of  health  of  establishment  of  new  factories,  p.  983, 
Act  2063. 

Salary,  offices,  dejuities,  assistants  and  expeiises  of,  p.  957,  Act  1828. 

LADDERS. 

Fish,  hatchery  in  lieu  of,  provision  relating  to,  p.  140,  §  637. 
Fish,  ladders  for  around  dams,  provision  relating  to,  p.  140,  §  637. 
Fish,  proceedings  where  dams  too  high  for,  p.  140,  §  637. 

LAKE  COUNTY. 

Assessor,  allowance  of  traveling  expenses  to  assessor  and   his  depu- 
ties, p.- 511,  §4279,  subd.  7. 
Assessor,  salary,  fees  and  commissions  of,  p.  51],  §  4279,  subd.  7. 
Auditor,  salary  of,  p.  511,  §  4279,  subd.  4. 
Board  of  education,  members,  compensation  and  mileage  of,  p.  511, 

§  4279,  subd.  16. 
Board  of  education,  secretary,  compensation  of,  p.  511,  §  4279,  subd. 

16. 
Boundary  between  and  Mendocino  county,  establishment  of,  p.  646, 

Act '826c. 
Compensation   of   officers,   provision   as   to   not   intended   as   increase 

in   compensation,   p.   511,_§  4279,  subd.   19. 
Constables,  salary  and  fees  of,  p.  511,  §  4279,  subd.  14. 
Coroner,  fees  of,  p.  511,  §  4279,  subd.  9. 
County  clerk,  salary  of,  p.  511,  §  4279,  subd.  1. 
County  clerk,  deputies,  appointment  of  when  new  register  required, 

p.  511,  §  4279,  subd.  1. 
County  clerk,  deputies,  compensation  of  and  how  paid,  p.  511,  §  4279, 

subd.  1. 
County  clerk,  fees,  right  to  retain,  p.  511,  §  4279,  subd.  1. 
District  attorney,  salary  of,  p.  511,  §  4279,  subd.  8. 
Jurors,  trial,  fees  and  mileage  of,  p.  511,  §  4279. 
Jurors,  grand,  fees  and  mileage  of,  p.  511,  §  4279,  subd.  17. 
Justices,  allowance  to,  while  acting  as  coroner,  p.  511,  §  4279,  subd.  13. 
Justices,  population    of    townships    how    determined    for    purpose    of 

fixing  salaries,  p.  511,  §  4279,  subd.  13. 
Justices,  salaries  of  and  how  paid,  p.  511,  §  4279,  subd.  13. 
Justices,  salaries  to  be  in  full  compensation,  p.  511,  §  4279,  subd.  13. 
Public  administrator,  fees  of,  p.  511,  §  4279,  subd.  10. 
Eccorder,  salary  and  fees  of,  p.  511,  §  4279,  subd.  3. 
Sheriff,   salary,   fees,   commissions   and    expenses   of,   p.    511,   §  4279, 

subd.  2. 
)Superintendent  of  schools,  salary,   allowances,  and  expenses,  p.  511, 

§  4279,  subd.  11. 
Supervisors,  compensation  and  expenses  as  road  commissioner,  p.  511, 

§  4279,  subd.  15. 
Supervisors,  compensation  and  mileage,  p.  511,  §  4279,  subd.  15. 
Surveyor,  fees  of,  p.  511,  §  4279,  subd.  12. 
Tax  collector,  salary  of,  p.  511,  §  4279,  subd.  6. 
Treasurer,  salary  of,  p.  511,  §  4279,  subd.  5. 
Witnesses,  fees  and  mileage  of,  p.  511,  §  4279,  subd.  IS. 

LAND    AND    BUILDING    ASSOCIATIONS.     See    Building    and    Loan 
Associations. 


1468  INDEX. 

LAND  COLONIZATION.     See  State  Land  Settlement  Board. 
Eepeal  of  act  of  1915  relating  to,  p.  545,  Act  78d. 

LANDLORD  AND  TENANT. 

Community  property,  lease  of  by  husband  alone,  limitation  of  action 

to  recover,  p.  38,  §  172a. 
Community  property,    lease    of    by    luisband    alone,    presumption    of 

validity  of,  p.  38,  §  172a. 
Community  property,  wife  must  join  in  lease  of  when,  p.  38,  §  172a. 
Gambling,  permitting  in  houses  rented,  punishment  of,  p.  104,  §  331. 
Lease,  infant,  property  of,  how  long  may  be  leased,  p.  54,  §  718. 
Lease,  insane  person,  property,  how  long  may  be  leased,  p.  54,  §  718. 
Lease,  lands  belonging  to  city,  how  long  may  be  leased,  p.  54,  §  718. 
Lease,  term  for  which  city  lots  may  be  leased,  p.  54,  §  718. 
Lease,  tide-lauds  of  city,  how  long  may  be  leased,  p.  54,  §  718. 
Lease,  tide-lands   of   city,  purposes  for  which   mav  be  leased,   p.   54, 

§  718. 
Lease,  sewer  farm  and  sewage  of  city,  how  long  may  be  leased,  p.  54, 

§718. 
Lodgers,  duty  to  furnish  lists  of  to  election  oificers,  p.  181,  §  1094. 
Personal    property,   leased,   removal,    concealment   or    disposal   of   in 

embezzlement,   p.   106,  §  504a. 

LANDMARKS.     See  Historic  Property. 

LANDS.     See  Swamp  and  Overflowed  Lands. 
Public.     See   Public  Lands. 
State.     See  Public  Lands. 

Titles,    regulation    and    powers    of    survevor-general    as    to,    p.    1283, 
Act  398S. 

LASSEN  COUNTY. 

Assessor,  deputy,  appointment  and  salary,  p.  515,  §  4281,  subd.  7. 

Assessor,  salary  of,  p.  515,  §  4281,  subd.  7. 

Auditor,  salary  of,  p.  515,  §  4281,  subd.  4. 

Constables,  fees,  salaries  and  allowances  of,  p.  515,  §  4281,  subd.  14. 

Coroner,  fees  of,  p.  515,  §  4281,  subd.  9. 

County  clerk,  salary  of,  p.  515,  §  4281,  subd.  1. 

District  attorney,  salary  of,  p.  515,  §  4281,  subd.  8. 

.Jurors,  fees  of,  provision  as  to  repealed,  p.  517,  §  4281a. 

Jurors,  fees  of  in  justices'  courts  in,  p.  517,  §  4281a. 

Jurors  in    justices'    courts,    fees    of    and    how    paid,   p.    515,   §  4281, 

subd.  18. 
•Justices,  office  hours  of,  p.  515,  §  4281,  subd.   13. 
Justices,  po})ulation,  how  ascertained  for   purpose  of  fixing  salaries, 

p.  515,  §  4281,  subd.  13. 
.Justices,  salaries  of,  p.  515,  §  4281,  subd.  13. 
Official    reporter,   per    diem,    fees    and    expenses    of,    p.    515,  §  4281, 

subd.  10. 
Public  administrator,  fees  of,  p.  515,  §  4281,  subd.  10. 
Recorder,  salary  of,  p.  515,  §  4281,  subd.  3. 

Sheriff,  no  expenses,  fees  or  mileage  allowed  to,  p.  515,  §  4281,  subd.  2. 
Sheriff,  salary  of,  p.  515,  §  4281,  subd.  2. 
SuperiiitoTident   of   scliools,   salary   and   expenses   of,   p.    515,  §  4281, 

subd.  11. 
Supervisor,  salary  and  mileage,  p.  515,  §  4281,  subd.  15. 
Surveyor,  foes  of,  p.  515,  §  4281,  subd.  12. 


INDEX. 


U69 


LASSEN  COUNTY  (Contiuuecl). 

Tax   collector,   salary    and   percentage   on  licenses   collected,   p.   olo, 

§  4281,  subd.  6. 
Treasurer,  salary  of,  p.  515,  §  4281,  subd.  5. 
Witnesses,  fees  of  in,  p.  515,  §  4281,  subd.  19. 
Witnesses,  fees  of  in  and  how  paid,  p.  515,  §  4281,  subd.  10. 

LAUNDKIES. 

Wiping  rags  not  to  be  cleaned  in  laundry,  p.  1157,  Act  284()b. 

LAW.     See  Attorneys.  .   .  o   s  in- 
justice of  the  peace  cannot  have  partner  practicing  law,  p.  Z,  §  KJ.^. 
Justice  of  the  peace  cannot    practice    law    before    another    justice, 
p.  2, §  103. 

LAWS.     See  Statutes. 

LEASES.     See  Landlord  and  Tenant. 

State  land,  leasing  of,  provision  for,  p.  1166,  Act  2874a. 

LEGACIES.     See  Wills. 

LEGATEES.     See  Estates  of  Decedents. 

LEGISLATION. 

Direct.     See  Initiative;  Eeferendum. 

LEGISLATIVE  COUNSEL  BUEEAU. 

Act  relating  to,  p.  962,  Act   1901. 

LEGISLATURE.     See  United  States  Senate. 

Assemblymen,  resignations,  how  and  to  whom  made,  p.  180,  §  995. 
Distribution  of  laws,  resolutions  and  journals  by  secretary  of  state, 

p.  162,  §  410. 
Senators,  resignations,  how  and  to  whom  made,  p.  180,  §  995. 

LEGITIMACY. 

Adoption  of  illegitimate  child,  consent  of  mother,  p.  39,  §  224. 
Omission  of  parent  to  provide  for  illegitimate  child,  jurisdiction  of 

juvenile   court,   p.   103,  §  270. 
Parent   omitting   to   provide   for   illegitimate   child,   punishment   for, 

p.  103,  §  270. 

LELAND  STANTOED  JUNIOR  UNIVERSITY. 

Repeal  of  section  admitting  graduates  to  practice  without  examina- 
tion, p.  9,  §  280b. 

LEVEE  DISTRICTS. 

Bonds,  authorized  to  issue,  p.  965,  Act  1922. 
Bonds,  issuance  of  by,  p.  965,  Act  1922. 

Bonds,  purposes  for  which  may  be  issued,  p.  965,  Act  1922. 
Sacramento  River  West  Side  Levee  District,  amendment  of  act  cre- 
ating, p.  975,  Act  1923. 
Trustees  of,  powers  and  duties  of,  p.  964,  Act  1913. 

LIABILITY  INSURANCE  COMPANIES.     See  Insurance  Companies. 
Indebtedness  of,  how  estimated,  p.  170,  §  602a. 

LIBRARIANS. 

School.     See  Schools. 


1470  INDEX. 

LIBRARIES.     See  Free  Libraries;  Public  Libraries. 
State.     See  State  Library. 

LICENSES.     See  Insurance  Commissioner;  Insurance  Companies. 

Cattle  slaughterers,  licensing  of,  p.  548,  Act  18-ia. 

Commercial   travelers  dealing  in  goods  at  wholesale   not  subject  to, 
p.  280,  §  3366. 

Corporations,  license  tax  upon,  p.  631,  Act  756. 

Corporation.     See  Corporations. 

Exemption    of    honorably    discharged    soldiers,    sailors    and    marines 
from,  p.  280,  §  3366. 

Fish,  crustaceans  and  mollusks,  of  canners  of,  p.  760,  Act  13-40  1. 

Fish,  for  propagation  and  rearing  of,  p.  755,  Act  1340g. 

Fish,  for  taking  and  catching,  p.  754,  Act  1298a. 

Fish,  license  of  business  of  buying  and  selling,  p.  1261,  Act  3588. 

Fishing,  for  vocation  of,  p.  753,  Act  1298. 

Game  birds  or  animals,  license   to  raise  domesticated^  provision  re- 
lating to,  p.  126,  §  631d. 

Hunters   and  anglers,   regulation   of  issuance   of  licenses   for  resale, 
p.  752,  Act  1297a. 

Hunting,  fees  for,  p.  751,  Act  1297. 

Hunting  or  trapping  fur-bearing  animals,  for,  p.  757,  Act  1340J. 

Indemnities,   reciprocal   and  inter-exchanges   of,   license   fee,   p.   872, 
Act   1672k. 

Insurance  agents,  to,  provision  relating  to,  p.  172,  §  633. 

Keep,  license  tax  upon  persons  taking,  p.  957,  Act  1782. 

Power  of  supervisors  to  impose  on  business,  p.  280,  §  3366. 

Power  of  supervisors   to   impose   on   shows,    exhibitions    and   games, 
p.  280,  §  3366. 

Provision  relating  to,  effect  on  existing  acts,  p.  280,  §  3366. 

Real  estate  agents  and  brokers,  licensing  of,  p.  539,  Act  60. 

Sellers  of  meat,  protection  of,  p.  548,  Act  184a. 
~  Surplus  line  broker,  liqense  to,  p.  166,  §  596. 

LIENS. 

Apartment  house  keepers,  of.     See  Apartment  Houses. 

Franchise  tax,  of,  p.  327,  §  3668c. 

Holder  of  negotiable  instrument  w-ith  lien  deemed  holder  for  value, 

p.  65,  §  3108. 
Homestead,  against.     See  Estates  of  Decedents. 
.Fuilgment.     See  .Judgments. 

LIEUTENANT-GOVERNOR. 

Resignation,  how  and  to  whom  made,  p.  ISO,  §  995. 

LIFE  ESTATE, 

lloMicstead,  death  of  spouse,  proceedings  for  teiiniiiatiou  of  interest, 

p.  32,  §  1723. 
Joint  tenancy,  deatli  of  tenant,  proceedings  for  jiayment  of  interest, 

p.  32,  §  1723. 
Tcfinination  of,  proceedings  for,  p.  32,  §  1723. 

LIFE   INSURANCE.      See    Iiisuranre   Comiianies. 

LIGHTS. 

I'iiiiiror|Mii!itc(l   cities  authorized    to  establish   ami    nmiiitain   lighting 
.system  on  road.s,  p'.  797,  Act  1  UiO. 


INDEX.  1471 

LIMITATION  OF  ACTIONS. 

Account,  balance  due  upon  mutual,  open  and  current,  p.  9,  §  337. 

Account,  book  account,  p.  9,  §  337. 

Account  stated,  p.  9,  §  337. 

Banker,  insolvent,  against,  p.  11,  §  348. 

Banker,  no  limitation  against  for  deposit,  p.  11,  §  348. 

Banks,  insolvent  and  in  liquidation,  against,  p.  11,  §  348. 

Banks,  no  limitation  of  actions  to  recover  deposits,  p.  11,  §  348. 

Book  accounts,  p.  9,  §  337. 

Building  and  loan  association,  insolvent  and  in  liquidation,  against, 
p.  11,  §  348. 

Building  and  loan  association,  no  limitation  of  action  to  recover 
deposits,  p.  11,  §  348. 

Community  property,  action  to  set  aside  deed,  lease,  or  mortgage 
of  by  husband  alone,  p.  38,  §  172a. 

Constables,  against,  p.  10,  §  339. 

Contract  in  writing,  p.  9,  §  337;  p.  10,  §  339. 

Coroner,  against,  p.  10,  §  339. 

Corporations,  to  invalidate  action  of  trustees  of  dissolved  corpora- 
tion, p.  10,  §  341. 

Corporations,  to  recover  stock  sold  for  delinquent  assessment,  p.  10, 
§  341. 

Escape,  for,  p.  10,  §  339. 

Married  woman,  conveyance  by,  action  to  recover  property  as  com- 
munity property,  p.  37, §  164. 

Officer  or  otKcer  de  facto,  relating  to  goods  seized,  sold  or  injured, 
p.  10,  §  341. 

Officer  or  officer  de  facto,  to  recover  stock  sold  for  delinquent  assess- 
ment, p.  10,  §  341. 

Savings  and  loan  society,  insolvent  and  in  liquidation,  against,  p.  11, 
§  348. 

Savings  and  loan  society,  no  limitation  of  action  to  recover  deposit, 
p.  11,  §  348. 

Sheriff,  against,  p.  10,  §  339. 

Stock  sold  for  delinquent  assessment,  p.  10,  §  341. 

Tax,  action  to  recover,  no  limitation  when,  p.  329,  §  3669b. 

Tax  collector,  for  seizing,  detaining  or  injuring  property,  p.  10,  §  341. 

Title  insurance,  action  on  policy  of,  when  accrues,  p.  10,  §  339. 

Title  insurance,  policy  of,  p.  10,  §  339. 

Title  to  real  property,  guaranty  or  certificate  of,  ii.  10,  §  339. 

Title  to  real  propertv,  guaranty  or  certificate  of,  action,  when  accrues, 
p.  10,  §  339. 

Trust  companies,  insolvent  and  in  liquidation,  against,  p.  11,  §  348. 

Trust  companies,  no  limitation  of  actions  to  recover  deposits,  p.  11, 
§  348. 

LINDSAY-STRATHMORE  IRRIGATION  DISTRICT. 

Formation  of,  validated,  p.  899,  Act  1725j. 

LINNETS.     See  Game  Laws. 

LIQUORS.     See  Intoxicating  Liquors. 

LOANS.     See  Building  and  Loan  Associations. 

Industrial  loan  companies,  incorporation,  powers  and  supervision  of, 
p.  640,  Act  777. 

LOBSTER.     See  Game  Laws. 


1-172  INDEX. 

LOCAL  HEALTH  DISTRICTS.     See  Public  Health. 

LODGING-HOUSES.     See  Hotels. 

Act  of  1913  relating  to  building  and  occupancy  of  repealed,  p.  800, 

Act  1530. 
Tenement  houses.     See  Tenement  Houses. 

LODGING-HOUSE  KEEPERS. 

Lists  of  lodgers,  duty  to  furnish  trt  election  officers,  p.  181,  §  1091. 

LONG  BEACH. 

Appropriation  for  protection  and  completion  of,  p.  982,  Act  1991d. 

LOS  ANGELES  CITY. 

Charter  of,  p.  980,  Act  1977. 

Expositions  at  Exposition  Park,  appropriation  for,  p.  982,  Act  1991e. 

Harbor,  appropriation  for  protection  and  completion  of,  p.  982,  Act 

1991d. 
Justices  of  the  peace  in.     See  Justices  of  the  Peace. 
Police   courts,   clerk,   appointment  bond,   duties   and   salary,   p.   1143, 

Act  2741a. 
Waterfront,  amendment  of  act  granting  to,  p.  981,  Act  1991. 

LOS  ANGELES  COUNTY. 

Semi-monthly  pay  days  for  employees  of,  p.  988,  Act  2142a. 
Superior  court,  distribution  and  order  of  business,  p.  1,  §  67a. 
Superior  court,   judgments,   orders   and   proceedings,   effect   of,   p.    1, 

§  67a. 
Superior  court,  presiding  judge,  powers  and  duties  of,  p.  1,  §  67a. 
Superior  court,  sessions  of,  p.  1,  §  67a. 
Superior  judges,  additional,  aj^pointnient  of,  p.  1,  §  67a. 
Superior  judges,  additional,  election,  term  of  office  and  salaries,  p.  1, 

§  67a. 
Superior  judges,  any  one  or  more  may  hold  court,  p.  1,  §  67a. 
Superior  judges,  number  of,  p.  1,  §  67a. 
Superior  judges,  presiding  judge,  election  and  removal  of,  p.  1,  §  67a. 

LOS   ANGELES     COUNTY  DRAINAGE    DISTRICT     IMPROVEMENT 
NO.  1. 

Formation  iind  organization  of  validated,  p.  660,  Act  988b. 
Fdniialiou  of  validated,  p.  S99,  Act  1725m. 

LOS  ANGELES  COUNTY  FLOOD  CONTROL  DISTRICT. 

Bonds  of  validated,  p.  982,  Act  2016. 

LOST  BILLS  OF  EXCHANGE. 

I'lutcst,  how    inadc  in  rase  of,  ]i.  9.'{,  §  3241. 

LOST  RECORDS.     See  P.urnt  or  Destroyed  Records  or  Documents, 
LUNACY.     Ser   Insane;  Insane  Asyhuns. 

M 

MADERA  COUNTY. 

Assessor,  cojiyist,  ;i]i|ini  nl  nicnt   mid  s;il;iiy  ot,  |i.   liMi,  §4271,  subd.  7. 
Assessor,  depulies,    iiiiiiilicr,   tipjioinl  nieiit    and    salaries,    p.   496,  §4271, 

Bubd.  7. 
Assessor,  salary  of,  j).  496,  §  1271,  subd,  7, 


INDEX.  1478 

MADERA  COUNTY  ((JoutimuMl). 

Auditor,  deputy,  appointment  and  salary  of,  p.  496,  §  4271,  snbd.  4. 

Auditor,  salary  of,  p.  49(5,  §  4271,  subd.  4. 

Constables,  salaries  of,  p.  496,  §  4271,  subd.  13. 

Coroner,  fees  of,  p.  496,  §  4271,  subd.  9. 

County  clerk,  allowance  where  new  registration  to  be  made,  p.  496, 

§  4271,  subd.  1. 
County  clerk,   deputies,   appointment   and   salary   of,   )>.   496,  §   4271, 

subd.  1. 
County  clerk,  salary  of,  p.  496,  §  4271,  subd.  1. 
District  attorney,  salary  of,  p.  496,  §  4271,  subd.  8. 
District    attorney,    stenographer,    appointment     and     salary,    p.    496, 

§  4271,  subd.  8. 
Justices  of  the  peace,  salaries  of,  p.  496,  §  4271,  subd.  13. 
Official  reporter,  fees  of,  p.  496,  §  4271,  subd.  16. 
Probation  officer  and  salary  of,  p.  956,  Act  1770a,  §  19ni. 
Public  administrator,  fees  of,  p.  496,  §  427.1,  subd.  10. 
Eecorder,  deputy,  appointment  and  salary,  p.  496,  §  4271,  subd.  3. 
Recorder,  fees,  what  portion  to  pay  into  treasury,  and  what  may  keep, 

p.  496,  §  4271,  subd.  3. 
Eecorder,  salary  of,  p.  496,  §  4271,  subd.  3. 

Sheriff,  deputy,  appointment  and  salary,  p.  496,  §  4271,  subd.  2. 
Sheriff,  salary,   fees,   mileage,   commissions   and   expenses   of,   p.   496, 

§  4271,  subd.  2. 
Superintendent  of  schools,   deputy,   appointment   and   salary,   p.   496, 

§  4271,  subd.  11. 
Superintendent  of  schools,  salary  of,  p.  496,  §  4271,  subd.  11. 
Superyisors,  compensation    as    road    commissioners,    p.    496,  §  4:271, 

subd.  15. 
Supervisors,  salary  and  mileage,  p.  496,  §  4271,  subd.  15. 
Superyisors,  to  act  as  road  commissioners,  p.  496,  §  4271,  subd.  15. 
Surveyor,  compensation  and  expenses,  p.  496,  §  4271,  subd.  12. 
Tax  collector,  deputy,  appointment  and  salary,  p.  496,  §  4271,  subd.  6. 
Tax  collector,  salarj^  of,  p.  496,  §  4271,  subd.  6. 
Treasurer,  salary  of,  p.  496,  §  4271,  subd.  5. 

MAINTENANCE. 

Action  by  wife  for  without  divorce.     See  Husband  and  Wife. 
Wife,   action   for   maintenance   without   divorce.     See   Husband   and 
Wife. 

MAKERS.     See  Negotiable  Instruments. 

MAMMALS.     See  Game  Laws. 

MANUFACTURES. 

Adulterated  or  mislabeled  foods  or  liquors,  prevention  of  manufacture 

of,  p.  531,  Act  29. 
Articles  made  in  prisons  or  reformatories  to  be  labeled,  p.  984,  Act 

2103. 
Labor  commissioner  to  notify  boards  of  health  of  establishment  of, 

p.  983,  Act  2063. 
Notice  that  articles  made  at   prisons   or   reformatories  are   for  sale, 

p.  984,  Act  2103. 
Registration  of  factories  with  labor  bureau,  p.  983,  Act  2063. 
93 


1474  INDEX. 

MAPS. 

Deeds  referring  to  defective  maps  validated,  p.  983,  Act  2066. 
Defects  in  maps  filed  before  January  1,  1917,  validated,  p.  983,  Act 
2066. 

MARIN  COUNTY. 

Assessor,  deputy  and  copyist,  appointment  and  salary,  p.  441,  §  4251, 

subd.  7. 
Assessor,  salary,  commissious  and  fees,  p.  441,  §  4251,  subd.  7. 
Auditor,  deputies  and  salary  of,  p.  441,  §  4251,  subd.  4. 
Auditor,  salary  of,  p.  441,  §  4251,  subd.  4. 

Board  of  education,  compensation  and  mileage,  p.  441,  §  4251,  subd.  16. 
Constables,  allowances  and  fees  of,  p.  441,  §  4251,  subd.  14. 
Coroner,  fees  of,  p.  441,  §  4251,  subd.   10. 
County  clerk,    deputies,    appointment     and     salary,    p.    441,  §  4251, 

subd.  1. 
County  clerk,  salary  and   allowances,  p.  441,  §  4251,  subd.   1. 
District  attorney,    deputy    and    stenographer,    appointment    and    sal- 
aries of,  p.  441,  §  4251,  subd.  8. 
District  attorney,  salary  of,  p.  441,  §  4251,  subd.  8. 
Justices,  classification    of    townships    for    fixing    salaries    of,    p.    441, 

§4251    subd.  13. 
Justices,  fees    collected   to   be    paid   into    treasury   monthly,    p.    441, 

§  4251,  subd.  13. 
Justices,  population   of   townships   for   fixing  salaries,   p.   441,  §  4251, 

subd.  13. 
Justices,  salaries   of,   p.   441,  §  4251,   subd.    13. 
Justices,  salaries  are  in  full  compensation  for  services,  p.  441,  §  4251, 

subd.  13. 
Probation  officer  and  assistants  and  salaries  of,  p.  955,  Act  19e. 
Public  administrator,  fees  of,  p.  441,  §  4251,  subd.  11. 
Recorder,   deputy   and   copyists,   appointment   and  salary  of,   p.  441, 

§  4251,  subd.  3. 
Recorder,  salary  of,  p.  441,  §  4251,  subd.  3. 

Sheriff,  deputy,  appointment  and  salary,  p.  441,  §  4251,  subd.  2. 
Sheriff,  salary  and  fees  of,  p.  441,  §  4251,  subd.  2. 
Superintendent   of  schools,   deputy,  appointment   and  salary,   p.  441, 

§  4251,  subd.  9. 
Superintendent  of  schools,  salary  and  expenses,  p.  441,  §  4251,  subd.  9. 
Supervisors,  mileage  as  road  overseers,  p.  441,  §  4251,  subd.   15. 
Supervisors,  salary   and   mileage   of,   p.   441,  §  4251,   subd.   15. 
Surveyor,  fees  of,  p.  441,  §  4251,  subd.   12. 
Tax  collector,  deputies  and  copyist,  appointment  and  salaries,  p.  441, 

§  4251,  subd.  6. 
Tax  collector,  salary  of,  p.  441,  §  4251,  subd.  6. 
Treasurer,  salary  of,  p.  441,  §  4251,  subd.  5. 

MARINE   INSURANCE.     See  Insurance. 

MARINES.     See  Soldiers  and  Sailors. 

License  tax,  exemption  of  honorably  discharged  marines  from,  p.  280, 
§  3366. 

MARIPOSA  COUNTY. 

Assessor,  salary  of,  p.  518,  §  4283,  subd.  7. 
Auditor,  palary  of,  p.  518,  §  4283,  subd.  4. 
Constables,  fees  of,  p.  518,  §  4283,  subd.   14; 


INDEX.  1475 

MARIPOSA  COUNTY   (Contiuued). 

Coroner,  fees  of,  p.  518,  §  4283,  subd.  9. 

County  clerk,  salary  of,  p.  518,  §  4283,  subd.  1. 

District  attorney,   salary  of,   p.  518,  §  4283,  subd.  8. 

Jurors,  grand,  fees  and  mileage,  p.  518,  §  4283,  subd.  16. 

Jurors,  trial,  fees  and  mileage,  p.  518,  §  4283,  subd.   16. 

Justices,  compensation  of,  p.  518,  §  4283,  subd.  13. 

Public  administrator,  fees  of,  p.  518,  §  4283,  subd.  10. 

Eecorder,  fees,  what  may  retain  and  what  to  pay  to  treasury,  p.  518, 

§  4283,  subd.  3. 
Recorder,  salary  of,  p.  518,  §  4283,  subd.  3. 
Sheriff,  salary  of,  p.  518,  §  4283,  subd.  2. 
Superintendent    of    schools,    salary   and    expenses    of,   p.   518,  §  4283, 

subd.  11. 
Supervisors,  compensation  and  mileage,  p.  518,  §  4283,  subd.  15. 
Supervisors,    compensation    as    road    commissioners,    p.    518,  §  4283, 

subd.  15. 
Surveyor,  fees  of,  p.  518,  §  4283,  subd.  12. 
Tax   collector,   salary   and   percentage   on  licenses   collected,   p.   518, 

§  4283,  subd.  6. 
Treasurer,  salary  of,  p.  518,  §  4283,  subd.  5. 

MARKETS.     See  State  Commission  Market;   State  Market  Commission. 

MARKS  AND  BRANDS. 

Articles  made  in  prisons  or  reformatories  to  be  labeled,  p.  984,  Act 

2103. 
Cattle  brands,  inspection  of  cattle  and  hides  for,  p.  548,  Act  184a. 
Cattle  brands,  registration  of,  p.  548,  Act  184a. 
Perpetuation  of,  act  providing  for,  p.  985,  Act  2103. 

MARRIAGE.     See  Vital  Statistics. 

MARRIED  WOMEN.     See  Husband  and  Wife. 

MARTINS.     See  Game  Laws. 

MASTER  AND  SERVANT. 

Beneficiaries  of  workmen's  compensation  insurance  policies,  pro- 
tection against  insolvency  of  insurance  carriers,  p.  1036,  Act 
2143f. 

Bond  required  of  employee,  employer  to  pay  costs  of,  p.  9S7,  Act 
2140e. 

Coercion  of  employees  in  purchasing  things  of  value  by  employee, 
prevention  of,  p.  986,  Act  2135. 

Compensation,  taking  of  in  consideration  of  hiring,  prevention  of, 
p.  987,  Act  2110c;   p.  1034,  Act  2143d. 

Employer's  liability  act  of  1913,  repeal  of  certain  sections,  p.  1039, 
Act  2144a. 

Employer's  liability  and  workmen's  compensation  act  of  1917,  p.  988, 
Act  2143c. 

Female  employees,  act  limiting  hours  of  labor,  p.  839,  Act  1537. 

Hospital  service  to  emplovees,  regulation  of  employer  furnishing, 
p.  1040,  Act  2144g. 

Hours  of  labor  for  women,  act  limiting,  p.  839,  Act  1537. 

Hours  of  rest  for  city  employees  employed  more  than  one  hundred 
and  twenty  hours  a  week,  p.  1131,  Act  2389  1. 

Infant  employees.     See  Infants. 


1476  INDEX. 

t 

MASTER  AND    SERVANT    (Continued). 

Labor  commissioner  to  enforce  law  preventing  talcing  compensatiou 

in  consideration  of  employment,  p.  987,  Act  2140c:  p.  1034,  Act 

2143d. 
Labor  commissioner.     See  Labor  Commissioner. 
Occupational   diseases,   repeal   of  act  relating  to   report   of,   p.   1151, 

Act  2827. 
Photograph   required   of  employee,   employer  to  pay   cost  of,  p.   987, 

Act  2140e. 
Safety    of    employees    of    public    utilities,   jurisdiction    of   industrial 

accident  commission  and  railroad  commission  over,  p.  1035,  Act 

2143e. 
Semi-monthly  pay  days  for  employees  of  counties  of  first  and  second 

classes,  p.  987,  Act  2142a. 
Service  letters,  public  utility  corporations  to  furnish  employees  leav- 
ing service  with,  p.  986,  Act  2139b. 
Wiping  rags  not  to  be  cleaned  in  laundry,  p.  1157,  Act  2840b. 
Measures.     See  Weights  and  Measures. 

MEAT.     See  Cattle. 

Inspection  of  animals  slaughtered  for  food,  p.  715,  Act  1206. 

MEDICINE. 

Amendments    of    1917    of    act    of    1913    regulating    the    practice    of 

medicine,  p.  1040,  Act  2164. 
Physicians,   duties   in  relation  to  registration   of  births   and  deaths, 
'  p.   1358,   Act   4302. 

MENDOCINO  COUNTY. 

Boundary   between  and  Lake   county,   establishment   of,   p.   646,  Act 

826c". 
Boundary  between  and  Sonoma  county,  establishment  of,  p.  646,  Act 

826a. 

MERCED   COUNTY. 

Assessor,  deputies,  number,  appointment,  duties  and  salaries,  p.  479, 

§  4262,  subd.  7. 
Assessor,  salary  and  fees  of,  p.  479,  §  4262,  subd.  7. 
Auditor,  deputy,  appointment  and  salary,  p.  479,  §  4262,  subd.  4. 
Auditor,  salary  of,  p.  479,  §  4262,  subd.  4. 
Constables,  classification  of  townships  and  ascertaining  of  population 

for  jiurpose  of  fixing  salaries  of,  p.  479,  §  4262,  subd.  13. 
Constables,  salaries,  fees  and  expenses  of,  p.  479,  §  4262,  subd.  14. 
Coroner,   fees   of,    p.   479,  §  4262,   subd.   9. 
County  clerk,    deputies    and    copyists,    appointment     and     salaries, 

p.  479,  §  4262,  subd.  1. 
County  clerk,  salary  and  allowance  of,  p.  479,  §  4262,  subd.   1. 
Di.strict  attorney,  salary  of,  p.  479,  §  4262,  subd.  8. 
District  attorney,    slenograjiher,    appointment     and     salary,    )).    479, 

§4262,  subd.  8. 
.Tnrors,  grand,  fees  and  mileage,  p.  479,  §  4262,  sul)d.   17. 
.hirors,  trial,   fees   and   mileage,   p.  479,  §  4262,   subd.   17. 
.Justices,   classification   of   townships  and   ascertaining   of   population 

for  purpose  of  fixing  salaries,  p.  479,  §  4262,  subd.  13. 
.Tnslices,  salaries   and  fees,  p.  479,  §  4262,  subd.   13. 
Librarian  of  free;  library,  salary  of,  p.  722,  Act  1248a. 
Odicial   reporter  of  superior  court,  fees  of,  §  4262,  subd.    16. 
I'robation  ollicer  and  .salary  of,  p.  955,  §  19i,  Act  1770a. 
J-'ublic  administrator,  fees  of,  p.  479,  §  4262,  subd.  10. 


INDEX.  1477 

MERCED  COUNTY  (Contiuucd). 

Public   defender,   salary   of  in   case   office   is   created,   p.   479,  §  4262, 

subd.  18. 
Recorder,  copyists,  appointment  and  salaries,  p.  479,  §  4262,  subd.  3. 
Recorder,  salary  of,  p.  479,  §  4262,  subd.  3. 
Salaries  of  officers,  how  paid,  p.  479,  §  4262,  subd.  20. 
Sheriff,  deputies,  appointment  and  salaries,  p.  479,  §  4262,  subd.  2. 
Sheriff,  salary  and  expenses  of,  p.  479,  §  4262,  subd.  2. 
Superintendent  of  schools,   deputy,  appointment  and  salary,   p.   479, 

§4262,  subd.  11. 
Superintendent   of   schools,   salary   and   expenses   of,   p.   4  79,  §  4262, 

subd.  11. 
Supervisors,  classification  of  townships  by,  p.  479,  §  4262,  subd.  13. 
Supervisors,  mileage  as  road  commissioners,  p.  479,  §  4262,  subd.  15. 
Supervisors,  salaries  and  mileage,   p.  479,  §  4262,   subd.   15. 
Surveyor,  fees  of,  p.  479,  §  4262,  subd.  12. 
Surveyor,  revising  plats  for  assessor  and  compensation  for,  p.  479, 

§  4262,  subd.  12. 
Tax  collector,   deputies,  appointment  and  salaries  of,   p.   479,  §  4262, 

subd.  6. 
Tax  collector,  salary  of,  p.  479,  §  4262,  subd.  6, 
Time   of  taking   effect   of   provisions   of   section   relating  to,   p.   479, 

§  4262,  subd.  20. 
Treasurer,  salary  of,  p.  479,  §  4262,  subd.  5. 

METERS.     See  Electricity. 

MICE.     See   Game   Laws. 

MIDWIVES.     See  Medicine. 

MILITARY  COMPANIES. 

State    defense    guard,    creation,    control,    compensation    and    duties, 
p.  1060,  Act  2203. 

MILITARY  RESERVATION. 

Acceptance  bv  state  of  cession  of  portion  of  Presidio,  San  Francisco, 
p.  1355,  Act  4219. 

MILITARY  COURTS.     See  National  Guard. 

MILITIA.     See  National  Guard;  Soldiers  and  Sailors. 

MILK. 

Act  of   1915   relating  to  sale,   grading  and  inspection   of,   repeal  ot, 

p.  533,  Acts  47b,  47c. 
Grading  of,  p.  533,  Act  47c. 

Ice-cream  declared  a  milk  product,  p.  533,  Act  47c. 
Inspection   service,   establishment   of  in   cities   and  counties,   p.   533, 

Act  47c. 
Sale  of  impure  and  unwholesome,  prevention  of,  p.  533,  Act  47c. 

MINES  AND  MINING.     See  Gas;  Oil. 

State   mining  bureau.     See   State   Mining  Bureau. 

MINISTERS.     See   Clergymen. 

MINKS.     See  Game  Laws.  , 

MINORS.     See  Infants. 


1478  INDEX. 

MISDEMEANOR. 

Advertisements,    posting    on     public     or     private     property    without 

license,  p.  110,  §  602. 
Banks,  director  concurring  in  loan  to  another  director,  p.  108,  §  561d. 
Bank,    direct-or,   officer   or   employee   making   deposit    of   funds   with 

another  bank  in  consideration  of  loan,  p.  108,  §  561d. 
Bank,  director  participating  in  fraudulent  insolvency,  p.  108,  §  561b. 
Banks,  directors,  willful  acts  or  omissions  of,  p.  108,  §  561b. 
Banks,  false  statements  or  rumors  as  to  solvency,  making  or  starting 

a  misdemeanor,  p.  109,  §  563b. 
Banks,  officer   creating   liability   beyond   amount   legally   permissible, 

p.  108,  §  561c. 
Banks,  officer   or   employee   concealing  or  failing  to   report   loans   or 

discounts,  p.  108,  §  561d. 
Banks,  officer   or   emplovee   failing  to   report   purchase   of   securities, 

p,  108,  §  561d. 
Commissioner   of   horticulture,   violation    of   act   relating   to,   p.   271, 

§  2322J. 
Electricity,  tampering  with,  p.  106,  §  499a. 
Escape  from  state   hospital,   aiding  escape   or   attempt  to   escape   of 

inmate  from,  p.  103,  §  109a. 
Fences,  opening  or  tearing  down,  p.  110,  §  602. 
Flag,  defiling,  defacing  or  mutilating,  p.  103,  §  310. 
Flag,  putting  advertisement  on,  p,   103,  §  310. 
Freehold,  malicious  injuries  to,  p,  110,  §  602. 
Gambling,  permitting  in  houses  owned  or  rented,  p.  104,  §  331. 
Game  laws,  violation  of.     See  Game  Laws. 
Garage-keeper,   defrauding,  p.   107,  §  537d. 

Growing  trees,  cutting  down,  injuring  or  destroying,  p.  110,  §  602. 
Highways,  signs  or  signboards  on,  tearing  down,  p.  110,  §  602. 
Inclosures,  entering  upon  to  hunt  without  permission,  p.  110,  §  602. 
Jurors,  number  of  in  cases  of,  p.  6,  §  194. 
Malicious  injuries  to  freehold,  p.  110,  §  602. 
Notices,    posting    on    public    or    private    property    without    consent, 

p.  110,  §  602. 
Oysters,  injuring,  gathering  or  taking  away,  p.  110,  §  602. 
Oysters,  trespassing  upon  lands  where  oysters  planted,  p.  110,  §  602. 
Parent  omitting  to  provide  for  child,  p.  103,  §  270. 
Sales,  false  rejiresentations  as  to  dealer,  manufacturer  or  producer, 

p.   104,  §  351a. 
Shooting,  tearing  down  or  injuring  signs  forbidding  shooting,  p.  110, 

§602. 
Signs  or  signboards  on  highways,  tearing  down,  p.   110,  §  602. 
State  board  of  equalization,  failure  to  report  to  by  company  subject 

to  franchise  tax,  p.  323,  §  3667b. 
State  board   of  equalization,  false  statements  in  report   to  by   com- 
pany subject  to  franchise  tax,  p.  323,  §  3667b. 
State   commissioner   of   horticulture,   refusal    to   comply    with    orders 

of,   p.   262,  §  2319k. 
Steam  boilers,  operation  of  without  permit,  {>.  1269,  Act  3890. 
Ticket,   pass,   mileage   or  commutation-book   or   coupon,   etc.,   sale  of 

by  any  but  original  issuer,  p.  105,  §  483. 

MISSIONS.     See  Historic  Property. 


INDEX.  1479 

MISTAKES, 

Correcting  by  amendment,  p.  II,  §  473. 

Name  of  indorsee  or  payee,  in,  instrument,  how  indorsed,  p.  68, 
§  3124. 

MODOC  COUNTY. 

Assessor,  deputy,  appointment  and  salary,  p.  508,  §  4278,  subd.  7. 

Assessor,  salary  of,  p.  508,  §  4278,  subd.  7. 

Auditor,  salary  of,  p.  508,  §  4278,  subd.  4. 

Constables,  fees  of,  p.  508,  §  4278,  subd.  14. 

Constables,  salaries  of,  p.  508,  §  4278,  subd.  14. 

Coroner,  fees  of,  p.  508,  §  4278,  subd.  9. 

County  clerk,  cop.yist,  appointment  and  salary,  p.  508,  §  4278,  subd.  1. 

County  clerk,  salary  and  allowance  of,  p.  508,  §  4278,  subd.  1. 

District  attorney,  salary  of,  p.  508,  §  4278,  subd.  8. 

Juror,  grand,  fees  and  mileage,  p.  508,  §  4278,  subd.  17. 

Juror,  trial,  fees  and  mileage,  p.  508,  §  4278,  subd.  17. 

Justices,  codes,    stationery,    blanks    and    forms    to    be    furnished    to, 

p.  508,  §  4278,  subd.  13. 
Justices,  salaries  of,  p.  508,  §  4278,  subd.  13. 

Official  reporter,  allowances,  fees  and  expenses,  p.  508,  §  4278,  subd.  Ifi. 
Public  administrator,  fees  of,  p.  508,  §  4278,  subd.  10. 
Recorder,  cojiyist,  appointment  and  salary,  p.  508,  §  4278,  subd.  3. 
Recorder,  salary   of,  p.  508,  §  4278,  subd.  3. 

Sheriff,  deputy,  appointment  and  salary  of,  p.  508,  §  4278,  subd.  2. 
Sheriff,  salary  of,   p.   508.  §  4278,   subd.   2. 
Superintendent   of   schools,   salary   and   expenses   of,    p.   508,  §  4278, 

subd.  11. 
Supervisors,  compensation  of,  p.  508,  §  4278,  subd.  15. 
Surveyor,  fees  of,   p.  508,  §  4278,  subd.  12. 
Tax   collector,   assistant,   appointment   and   compensation   of,   p.   508, 

§  4278,  subd.  6. 
Tax  collector,  salary  of  and  percentage  on  licenses  collected,  p.  508, 

§  4278,  subd.  6." 
Treasurer,  salary  of,  p.  508,  §  4278,  subd.  5. 

MOLES.     See  Game  Laws. 

MONGOLIANS. 

Separate  schools  for  Mongolian  children,  p.  221,  §  1662. 

MONO  COUNTY. 

Assessor,  salary  of,  p.  521,  §  4286,  subd.  7. 

Auditor,  salary  of,  p.  521,  §  4286,  subd.  4. 

Constables,  classification  of  townships  for  purpose  of  fixing  compen- 
sation of,  p.  521,  §  4286,  subd.  13. 

Constables,  salaries  of,  p.  521,  §  4286,  subd.  14. 

Constables,  salaries  to  be  in  full  compensation,  p.  521,  §  4286,  subd.  14. 

Coroner,  fees  of,  p.  521,  §  4286,  subd.  9. 

County  clerk,  salary  of,  p.  521,  §  4286,  subd.  1. 

District  attorney,  salary  of,  p.  521,  §  4286,  subd.  8. 

Jurors,  trial,  fees  and  mileage  of,  p.  521,  §  4286,  subd.  16. 

Jurors,  grand,  fees  and  mileage  of,  p.  521,  §  4286,  subd.  16. 

Justices  of  the  peace,  classification  of  townships  for  purpose  of  regu- 
lating compensation  of,  p.  521,  §  4286,  subd.  13. 

Justices,  salaries  of,  p.  521,  §  4286,  subd.  14. 

Justices,  salaries  to  be  in  full  compensation,  p.  521,  §  4286,  subd.  14. 


1480  INDEX. 

MONO  COUNTY   (Continued). 

Public  administrator,  fees  of,  p.  521,  §  4286,  subd.  10. 

Eeeorder,  copyist,  appointment  and  salary  of,  p.  521,  §  4286,  subd.  3. 

Recorder,  salary  of,  p.  521,  §  4286,  subd.  3. 

Sherifie,  salary  of,  p.  521,  §  4286,  subd.  2. 

Superintendent  of  schools,  salary  of,  p.  521,  §  4286,  subd.  11. 

Supervisors,  compensation  and  mileage  of,  p.  521,  §  4286,  subd.  15. 

Supervisors,  compensation  as  road  overseer,  p.  521,  §  4286,  subd.  15. 

Surveyor,  fees  of,  p.  521,  §  4286,  subd.   12. 

Tax  collector,  salary  of,  p.  521,  §  4286,  subd.  6. 

Treasurer,  salary  of,  p.  521,  §  4286,  subd.  5. 

MONTEREY  BAY. 

Breakwater,  appropriations   to  aid   in   construction  of,   p.   1078,  Acts 
2317,  3218. 

MONTEREY  COUNTY. 

Assessor,  deputy,  appointment  and  salary  of,  p.  444,  §  4252,  subd.  7. 
Assessor,  salary,     commissions     and     allowances     of,     p.     444,  §  4252, 

subd.  7. 
Auditor,  appointment  and  salary,  p.  444,  §  4252,  subd.  4. 
Auditor,  deputies  and  assistants,  number,  appointment  and  salaries, 

p.  444,  §  4252,  subd.  13. 
Auditor,  salary  of,  p.  444,  §  4252,  subd.  4. 
Constables,  population  of  townships,  how  ascertained  for  purpose  of 

fixing  salaries,  p.  444,  §  4252,  subd.  17. 
Constables,    salaries,    expenses,   mileage   and    fees    of,   p.   444,  §  4252, 

subd.   14. 
Coroner,  fees   of,  p.  444,  §  4252,  subd.  9. 

County  clerk,  extra  compensation  as  registrar,  p.  444,  §  4252,  subd.  1. 
County  clerk,  deputy,  appointment  and  salary,  p.  444,  §  4252,  subd.  1. 
County  clerk,  salary,  fees  and  commissions  of,  p.  444,  §  4252,  subd.  1. 
District  attornev,  deputies,  number,  appointment  and  salaries,  p.  444, 

§  4252,  subd.   8. 
District  attorney,  salary  of,  p.  444,  §  4252,  subd.  8. 
Jurors,   grand,    fees   and   mileage   of,   p.   447,  §  4252a. 
.Jurors,  trial,  fees  and  mileage  of,  p.  447,  §  4252a. 
Justices,  fines  to  be  paid  to  treasurer,  monthh',  p.  444,  §  4252,  subd.  13. 
Justices,  salaries  and  fees  of,  p.  444,  §  4252,  subd.  13. 
Justices,  population    of    counties,    how    ascertained    for    purpose    of 

fixing  salaries,  p.  444,  §  4252,  subd.  17. 
Official   reporter,  compensation  of,  p.  444,  §  4252,  subd.   16. 
Probation   officer  and   assistants   and    salaries   of,  pp.   955,   956,   Act 

1770a,  §§  19e,   19i. 
Public  administrator,  fees  of,  p.  444,  §  4252,  sul)d.   10. 
Recorder,  salary  of,  p.  444,  §  4252,  subd.  3. 

Recorder,  deputies,  appointment  and  salary  of,  p.  444,  §  4252,  subd.  3. 
Sheriff,  deputies,  appointment  and  salaries  of,  p.  444,  §  4252,  subd.  2. 
Sheriff,  fees,    commissions,    mileage    and    salarv    of,    ]>.    444,  §  4252, 

subd.   2.    . 
Superintendent   of   schools,   dcimtv.   appoinliiiont   and   salarv,   p.   444, 

§  4252,   subd.   11. 
Superintendent    of    schools,    sahiiv    and    cxjicnses    of,    j).    444,  §  4252, 

subd.   11. 
Supervisors,  compensation   ol',  ]).  411,  §1252,  subd.    15. 
Su|)ervisorH,     mileage    for    services    as    I'oad    commissioners,   p.    444, 

§  •1252,  subd.  15. 


INDEX.  1481 

MONTEREY  COUNTY    (Continued). 

Surveyor,  salary,  exi)eiises,  and  allowance  of,  p.  444,  §  4252,  subd.  12. 
Tax  collector,  deputies,  ap[iointnient  and  salary,  p.  444,  §  4252,  subd.  6. 
Tax  collector,  salary,  p.  444,  §  4252,  subd.  6. 
Treasurer,  salary,  fees  and  commissions  of,  p.  444,  §  4252,  subd.  5. 

MONTH. 

School,  repeal   of  section   defining,   p.   225,  §  16y7. 
School,  what  is,   p.  223,  §  1670. 

MONUMENTS. 

Historic  spots,  erection  of  monuments  to  commemorate,  p.  ,'34S, 
§  4n52c. 

MORTGAGES.      " 

Change  of  possession  not  necessary  on  mortgage  of  exempt  prop- 
erty, p.   100,  §  3440. 

Change  of  possession  not  necessary  where  made  under  order  of  court 
or  by  officer,  p.  100,  §  3440. 

Community  property,  limitation  of  action  to  set  aside  after  mort- 
gage by  husband  alone,  p.  38,  §  172a. 

Community  property,  mortgage  by  husband  alone,  presumption  of 
validity  of,  }).  38,  §  172a. 

Community   property,   wife   must  join   in   mortgage   of,   p.   38,  §  172a. 

Power  of  sale  in,  iiow  exercised,  p.  56,  §  2924. 

Transfer  of  personalty,  when  a  mortgage  and  when  a  pledge,  p.  56, 
§  2924. 

Transfers,  what   deemed   to   be   mortgages,   p.   56,  §  2924. 

MOTHERS. 

Aid  for  lialf-orphan  children  maintained  at  home.     See  Orphans. 

MOTOR  VEHICLES.  See  Automobiles. 
MOUNTAIN  SHEEP.  See  Game  Laws. 
MOUNT  TAMALPAIS.  See  Tamalpais. 
MUD-HEN.     See    Came   Laws. 

MUNICIPAL  CORPORATIONS. 

Automobiles,  regulation  of  carrsing  persons  or  property  for  hire  bv, 

p.   1109,  Act    2331(1. 
Annexation   of  territory   to,   amendment    of  act   of    1889   relating  to, 

p.   1122,   Act   2374." 
Annexation   of   territory  to,  amendment   of  act   of   1913   relating  to, 

p.  1122,  Act  2374a.' 
Bonded  indebtedness,  payment  to  cities  by  controller  of  taxes  neces- 
sary  to  pay.  p.   337,' §  3670b;   p.  33S,'§  3670e. 
Bonds  for  improvements,  cancellation  of  unsold,  p.  1121,  Act  2371. 
Bonds,  furnishing  board   of  control   with  proceedings  leading  up   to 

issuance   of,  p.    178,  §  678. 
Bonds,  issuance  of  legalized,  p.  600,  Act  3S9a. 
Bonds   issued    for   public    improvements,   validation    of,    p.    1122     Act 

2371a. 
Bonds,  no  assurance  to  be  required  from  state  on  bid  for,  p.  178,  §  678. 
Bonds,   notice   to   certain   state   officers   of   issuance   of.   contents   of, 

p.  178, §  678. 


1482  INDEX. 

MUNICIPAL  CORPORATIONS    (Continued). 

Bonds,  notifying  state  board  of  control  and  state  treasurer  of  issu- 
ance  of,   p.   178,  §  678. 
Buildings  in.     See  Buildings. 
Consolidation    of,   amendment   of   act   of    1913    relating   to,   p.    1127, 

Act  2383a. 
Deadly  weapons,  carrying  of  in  cities  prohibited,  p.  651,  Act  889. 
Harbors,  cities  authorized  to  improve,  p.  1131,  Act  2389k. 
Hours   of   rest    for   persons    employed   more   than    one    hundred   and 

twenty   hours  a  week,  p.   1131,  Act  2389  1. 
Lease,  city  lots,  terms  for  which  may  be  leased,  p.  54,  §  718. 
Lease,  lands  belonging  to  city,  how  long  may  be  leased,  p.  54,  §  718. 
Lease,   sewer   farm    and   sewage    of    city,   how   long   may   be   leased, 

p.    54,  §  71S. 
Lease,  tide-lands  of  city,  how  long  may  be  leased,  p.  54,  §  718. 
Lease,  tide-lands  of  city,  purposes  for  which  may  be  leased,  p.  54, 

§  718. 
Municipal   corporation   bill    of   1883,   amendments   of    1917,   p.    1115, 

Act  2348. 
Officers,  resignations  of  how  and  to  whom  made,  p.  180,  §  995. 
Parks,   authorized   to   acquire   and   to   establish  assessment   districts, 

p.  1173,  Act  2884. 
Particular  city.     See  particular  title. 

Paupers,  maintenance  of,  duty  of  supervisors,  p.  1140,  Act  2631. 
Playgrounds,    authorized    to    acquire    and    to    establish    playgrounds, 

p.   1173,   Act   2884. 
Probation  officers  and  assistants  and  salaries  of,  p.  955,  Act  1770a, 

subd.  19i. 
Road  division,  may  be  included  in,  p.  277,  §  2745. 

MUNICIPAL  WATER  DISTRICTS. 

Bonds  of,  legal  investments  for  bank,  school  and  trust  funds,  p.  599, 
Act  3S7a. 

MUTUAL  BENEFIT  SOCIETIES.     See  Benefit  Societies. 

MUTUAL  INSURANCE   ON  ASSESSMENT  PLAN. 

Code  provisions  applicable  to,  p.  50,  §  453e. 

Contracts,  conditions  precedent  to  issuing,  p.  50,  §  453e. 

Corporations,  formation   of  to   carry  on,  p.  50,  §  453e. 

Deposit  of  bonds,  securities,  etc.,  with  state  treasurer,  p.  50,  §  453e. 

Funds,  investment  of  and  approval  of  insurance  commissioner,  p.  50, 
§  453e. 

Membershi})  and  funds  required  before  contracts  issued,  p.  50, 
§  453o. 

Name  of,  insurance  commissioner  to  approve,  p.  50,  §  453e. 

Name,  resembling  another  so  as  to  mislead  not  to  be  approved,  p.  50, 
§  453 e. 

Organization  to  be  completed  and  business  commenced  within  vear, 
p.   50,  §  4n3c. 

Soliciting  business,  compliance  with  section  6G3,  Political  Code,  be- 
fore, p.  50,  §  453e. 

MUTUAL  WATER  COMPANIES.      See  Water  Companies. 


INDEX.  1483 

N 

NAMES. 

Change  of,  registration  in  case  of,  p.  184,  §  1094,  subd.  4. 

Mistake   in   name   of   payee   or   indorsee,    instrument,    how   indorsed, 

p.  68,  §  3124. 
Signing  negotiable  instrument  in  trade  or  assumed  name,  liability  in 

case  of,  p.  63,  §  3099. 

NAPA  COUNTY. 

Assessor,  commissions  and  fees  to  be  paid  into  treasury,  p.  452,  §  4255, 

subd.  7. 
Assessor,  deputies,  number,  appointment  and  salaries,  p.  452,  §  4255, 

subd.  7. 
Assessor,  salary  of,  p.  452,  §  4255,  subd.  7. 

Auditor,  deputy,  appointment  and  salary,  p.  452,  §  4255,  subd.  5. 
Auditor,  salary  of,  p.  452,  §  4255,  subd.  4. 
Constables,  classification  of  townships  for  purpose  of  fixing  salaries, 

p.  452,  §  4255,  subd.  13. 
Constables,  fees  of,  p.  452,  §  4255,  subd.  15. 
Constables,  salaries  and  expenses  of,  p.  452,  §  4255,  subd.  15. 
Coroner,  salary,  expenses  and  fees  of,  p.  452,  §  4255,  subd.  9. 
County  clerk,  deputies,   number,   appointment    and    salaries,   p.   452, 

§  4255,  subd.  1. 
County  clerk,  fees,  salary  and  allowances,  p.  452,  §  4255,  subd.  1. 
District  attorney,    deputy,    appointment   and   salary,   p.    452,  §  4255; 

subd.  8. 
District  attorney,  salary  of,  p.  452,  §  4255,  subd.  8. 
District  attorney,  stenographer,  appointment  and  salary,  p.  452,  §  4255, 

subd.  8. 
Jurors,  grand,  fees  and  mileage  of,  p.  452,  §  4255,  subd.  17. 
Jurors,  trial,  fees  and  mileage,  p.  452,  §  4255,  subd.  17. 
Justices,  classification   of   townships   for   purpose   of   fixing   salaries, 

■  p.  452,  §  4255,  subd.  13. 
Justices,  salaries,  fees,  expenses  and  office  rent,  p.  452,  §  4255,  subd.  14. 
Public  administrator,  fees  of,  p.  452,  §  4255,  subd.  10. 
Eecorder,  deputies  and  copyists,  number,  appointment  and  salaries, 

p.  452,  §  4255,  subd.  3. 
Eecorder,  fees  and  commissions  to  be  paid  into  treasury,  p.  452,  §  4255, 

subd.  3. 
Eecorder,  report  as  to  amounts  paid  copyists,  p.  452,  §  4255,  subd.  3. 
Eecorder,  salary  of,  p.  452,  §  4255,  subd.  3. 
Sheriff,  expenses  in  arresting  criminals  and  in   conveying  prisoners 

and  insane  persons,  allowance  of,  p.  452,  §  4255,  subd.  2. 
Sheriff,  salary,  fees  and  mileage,  p.  452,  §  4255,  subd.  2. 
Sheriff,  under-sheriff,  appointment  and  salary,  p.  452,  §  4255,  subd.  2. 
Superintendent   of  schools,   deputy,   appointment   and   salary,   p.  452, 

§  4255,  subd.  11. 
Superintendent   of   schools,   salary   and   expenses   of,   p.   452,   §  4255, 

subd.  11. 
Supervisors,  salaries  of,  p.  452,  §  4255,  subd.  16. 

Surveyor,  fees,  what  to  be  paid  into  treasury,  p.  452,  §  4255,  subd.  12. 
Surveyor,  salary  and  expenses  of,  p.  452,  §  4255,  subd.  12. 
Tax  collector,  cashier,  appointment  and  compensation,  p.  452,  §  4255, 

subd.  6. 
Tax  collector,  deputy,  appointment  and  salary,  p.  452,  §  4255,  subd.  6. 


1484  INDEX. 

NAPA  COUNTY  (Continued). 

Tax  collector,  fees  and  commissions  to  be  paid  into  treasury,  p.  452, 

§  4255,  subd.  6. 
Tax  collector,  salary,  p.  452,  §  4255,  subd.  6. 

Treasurer,  deputy,  appointment  and  salary,  p.  452,  §  4255,  subd.  5. 
Treasurer,  fees   and    commissions    paid   into    treasury,   p.    452,  §  4255, 

subd.  5. 
Treasurer,  salary  of,  p.  452,  §  4255,  subd.  5. 

NATIONAL  BANKS.     See  Banks  and  Banliing. 

NATIONAL  CITY. 

Waterfront,  grant  of  to,  p.  1132,  Act  2420. 

NATIONAL  GUARD. 

Absence    from    assemblages,    court-martial    for    and   proceedings    at, 

p.  245,  §  2006. 
Absence  from  assemblages,  punishment  for,  p.  245,  §  2006. 
Acts  of  congress  apply  to,  p.  238,  §  1919. 

Adjutant-general,  appointment  and  term  of  office,  p.  239,  §  1927. 
Adjutant-general,  armories    and   arsenals,   powers   and   duties   as   to, 

p.  250,  §  2107, 
Adjutant-general,  assistant,   appointment   and  term   of  office,   p.   239, 

§  1927. 
Adjutant-general,  assistant,  bond  of,  p.  238,  §  1924. 
Adjutant-general,  assistant,  lieutenant-colonel  is,  p.  239,  §  1927. 
Adjutant-general,  assistant,  qualifications  and  duties,  p.  239,  §  1927. 
Adjutant-general,  bond  of,  p.  238,  §  1924. 
Adjutant-general,  brigadier-general  is,  p.  239,  §  1927. 
Adjutant-general,  duties  of,  p.  239,  §  1927. 
Adjutant-general,  quartermaster-general  is,  p.  241,  §  1928d. 
Adjutant-general's  department,  brigadier-general  is  chief  of,  p.  239, 

§  1927. 
Adjutant-general's  department,  clerical  force  of,  p.  239,  §  1927. 
Adjutant-general's  department,  consists  of  what,  p.  239,  §  1927. 
Adjutant-general's  department,  officers  of,  appointment,  qualifications 

and  terms  of  office,  p.  239,  §  1927. 
Adjutant-general's  department,  salaries  of  officers  and  employees  of, 

'  p.  250,  §  2086. 
Allowances,  claims  against,  presentment  and  approval  of,  p.  250,  §  2. 
Allowances  to  commanding  officers,  regiments  and  companies,  p.  249, 

§  2079. 
Armories   and   arsenals,   engineer   to   furnish   plans   and   superintend 

construction,  p.  251,  §  2107. 
Armories  and  arsenals,  powers  and  duties  of  adjutant-general  as  to, 

p.  250,  §  2107. 
Articles  of  war  of  United  States  army,  adoption  of  for  government 

of,  p.  237,  §  1918. 
Boards  of  examination,  of  whom  consist  and  powers  of,  p.  244,  §  1955. 
Cavalry  consists  of  what,  p.  242,  §  1933. 
('avalry,    officers    and    cnlislcil    incn,    iniiiiher,    grades    and    ranks    of, 

p.  242,  §  1933. 
Cavalry,  organization  of,  p.  242,  §  ISt.'J:'-. 

Cavalry,  veterinarian,   appointment  and    coinpcnsat ion,   p.   212,  §193.'!. 
rhajilains,  qualifications  of,  p.  243,  §  1953. 
Coast  artillery,  consists  of  what,  p.  242,  §  1932. 


INDEX.  1485 

NATIONAL  GUARD    (Coiitiuucd). 

Coast  artillery,  officers  and  enlisted   men,  number  and  qnalifii-ations 

of,  p.  242,  §  1932. 
Coast  artillery  organized  as  a  corps,  p.  242,  §  1932. 
Commander-in-chief,    changing   organization   to    conform    to    that    of 

United  States,  p.  238,  §  1925. 
Commander-in-chief  may  make  rules  and  regulations  not  inconsistent 

with  those  of  United  States,  p.  239,  §  1926. 
Consists  of  what,  p.  238,  §  1925. 
Courts-martial,  appearance    of     accused    waives    service    of    charges, 

p.  247,  §  2022. 
Courts-martial,  constitution,  jurisdiction  and  procedure,  p.  246,  §  2018. 
Courts-martial,  copy    of    charges    delivered    to    person    under   arrest, 

p.  247,  §  2022. 
Courts-martial,   failure  to   pay  fine  imposed,  dishonorable   discharge, 

p.  24.5,  §  2006. 
Courts-martial,    failure    to    serve    charges    or   order    court,   effect   of, 

p.  247,  §  2022. 
Courts-martial,   fines   and   penalties   imposed   by,   collection   and   dis- 
position of,  p.  248,  §  2026. 
Courts-martial  for  absence  from  assemblages,  p.  245,  §  2006. 
Courts-martial,  general,  powers  of,  p.  246,  §  2020. 
Courts-martial,  general,  who  may  appoint,  p.  246,  §  2019. 
Courts-martial,  imprisonment  in  lieu  of  fine,  p.  247,  §  2020. 
Courts-martial,  powers  of,  p.  247,  §  2020. 
Courts-martial,  procedure  at,  p.  245,  §  2006. 
Courts-martial,  review  of  proceedings,  p.  247,  §  2021. 
Courts-martial,  sentence,  appeal  from  to  governor,  p.  247,  §  2021. 
Courts-martial,  sentence,  approval  or  disapproval  of,  p.  247,  §  2021. 
Courts-martial,  sentence,  execution,  mitigation  or  remitting  of,  p.  247, 

§  2021. 
Courts-martial,   sentence    of   dismissal   or    dishonorable    discharge    to 

be  approved  by  governor,  p.  247,  §  2021. 
Courts-martial,  special,  powers  of,  p.  246,  §  2020. 
Courts-martial,  special,  who  may  appoint,  p.  246,  §  2019. 
Courts-martial,  summary,    how    constituted     and     powers   of,   p.   246, 

§  2019. 
Courts-martial,  summarj^,  powers  of,  p.  247,  §  2020. 
Courts-martial,  summary,  proceedings  before,  p.  247,  §  2020. 
Courts-martial,  summary,  who   may   appoint,   p.   246,  §  2019. 
Courts-martial,  time  to  order  where  person  arrested,  p.  247,  §  2022. 
Courts-martial,  who   may  appoint,  p.   246,  §  2019. 
Death,  punishment  by,  when  only  inflicted,  p.  237,  §  1918. 
Engineer  corps,  consists  of  what,  p.  241,  §  1930. 
Engineer  corps,  officers  and  enlisted  men,  duties  of,  p.  241,  §  1930. 
Engineer  corps,  officers    and    enlisted   men,    grade    and    numbers    of, 

p.  241,  §  1930. 
Engineer  corps,  officers,  prior  service  not  necessary,  p.  244,  §  1956. 
Engineer  corps,   officers,   qualifications  of,  p.   243,  §  1953. 
Enlistment,  qualifications  for,  p.  245,  §  1980. 
Enlistment,  re-enlistment,  p.  245,  §  1980. 
Enlistment,  service,  p.  245,  §  1980. 

Enlistment,  signing  enlistment  contract,  p.  245,  §  1980. 
Enlistment,  taking  and  subscribing  oath,  p.  245,  §  1980. 
Enlistment,  term  of,  p.  245,  §  1980. 
Enlistment,  who  may  enlist,  p.  245,  §  1980. 


1486  INDEX. 

NATIONAL  GUARD    (Coutinued). 

Female  nurse  corps,  when  may  be  provided,  p.  241,  §  1929. 

Field  artillery,  organization  of,  p.  242,  §  19321/2. 

Field  artillery,    veterinarian,     appointment     and     compensation     of, 

p.  242,  §  19321/2. 
Imprisonment    other    than   in    guard-house,    where    executed,   p.    237, 

§  1918. 
Infantry,  minimum  strength  of  infantry  company,  p.  242,  §  1934. 
Infantrj',  organization  of,  p.  242,  §  1934. 

Inspector-general's  department,  consists  of  what,  p.  240,  §  1928a. 
Inspector-general's  department,  officers  of,  duties  of,  p.  240,  §  1928a. 
Inspector-general's  department,  officers    of,    grade    and    numbers    of, 

p.  240,  §  1928a. 
Judge  advocate-general's  department     consists     of     what,     p.     240, 

§  1928b. 
Judge  advocate-general's   department,  officers  of,  grade  and  number 

of,  p.  240,  §  1928b. 
Judge  advocate-general's  dei^artment,  officers  prior  service  not  neces- 
sary, p.  244,  §  1956. 
Judge  advocate-general's  office,  officers  of,  duties  of,  p.  240,  §  1928b. 
Judge  advocates  must  be  members  of  the  bar,  p.  243,  §  1953. 
Medical  department  consists  of  what,  p.  241,  §  1929. 
Medical  department,  officers  and  enlisted  men,     duties     of,    p.     241, 

§  1929. 
Medical    department,    officers    and    enlisted    men,   titles,    grades   and 

numbers  of,  p.  241,  §  1929. 
Medical  department,  officers,  prior  experience  not  necessary,  p.  244, 

§  1956. 
Medical  officers,  qualifications  of,  p.  243,  §  1953. 
Medical  reserve  corps,  when  may  be  provided,  p.  241,  §  1929. 
Military  courts  consist  of  what,  p.  246,  §  2018. 
Military  courts,  commisions   to    take    testimony,   mav   issue,   p.   247, 

§  2023. 
Military  courts,  process    and    mandates,    issuance    and    service    of, 

p.  248,  §  2024. 
Militarv  courts,  production    of   books,    papers    and    documents,    may 

compel,  p.  247,  §  2023. 
Military  courts,  subpoenas,  issuance  and  service  of,  p.  247,  §  2023. 
Military  courts,  witnesses,   power   to   compel   attendance   of,  p.   247, 

§  2023. 
Military  courts,  witness  not   obeying  subpoena,  proceedings,   p.   247, 

§  2023. 
Naval  militia  consists  of  what,  p.  250,  §  2111. 
Naval  militia,  "division,"    "company"   and   "battalion,"   meaning  of, 

p.  250,  §  2111. 
Naval  militia,  location  of,  p.  250,  §  2111. 
Naval  militia,  organization  into  battalions,  p.  250,  §  2111. 
Naval  militia,  organization   into   brigades,   p.   251,  §  2112. 
Naval  militia,  provisions  relating  to,  p.  250,  §2111;  p.  251,  §  2112. 
Officers,  appeal  from  election  of,  repeal  of  section  relating  to,  p.  245, 

§  1959. 
Officers,  appointment  of,  proceedings  relating  to,  p.  244,  §  1957. 
Officers,  commissioning  and  assigning  to  duty,  p.  244,  §  1957. 
Officers,  commissions,  issuance  of  and  regulations  governing,  p.  243, 

§  1951. 
Officers,  examination   is  to  qualifications,  p.  243,  §  1954. 


INDEX.  1487 

NATIONAL  GUARD   (Continued). 

OflBeers,  examination,  failure  to  pass,  effect  of,  p.  243,  §  1954. 

OflScers,  must  have  bad  military  experience,  p.  244,  §  1956. 

Officers,  oath  of  office,  p.  243,  §  1951;  p.  245,  §§  1960,  1982. 

Officers  of  the  line,  appointment  of,  p.  245,  §  195S. 

Officers  of  the  line,  term  of  office  of,  p.  245,  §  1958. 

Officers  on    staff   of    commander-in-chief    exempt    from    examination 

p.  243, §  1954. 
Officers,  physical  examination  of,  p.  243,  §§  1953,  1954. 
Officer,  qualifications  necessary  before  issuance  of  commission,  p.  242, 

§  1934. 
Officers,  qualifications  of,  p.  243,  §  1953. 
Officers,  term  of  office  of,  p.  244,  §  1956. 
Officers,  vacancies,  filling  of,  p.  244,  §  1957. 
Organization  of,  changing  to  conform  to  that  of  United  States,  p.  238, 

§  1925. 
Parades,   fines   and  penalties   for   nonattendance,   repeal   of   section, 

p.  249,  §  2027. 
Quartermaster  corps,    civilian    employees,    appointment    and    duties, 

p.  241,  §  1928d. 
Quartermaster  corps  consists  of  what,  p.  241,  §  1928d. 
Quartermaster  corps,    enlistments    in    prescribed    by    commander-in- 
chief,  p.  241,  §  1928d. 
Quartermaster  corps,  noncommissioned  officers  in,  prescribed  by  com- 
mander-in-chief, p.  241,  §  1928d. 
Quartermaster  corps,    officers    and   enlisted    men,    duties    of,    p.    241, 

§  1928d. 
Quartermaster  corps,    officers    and    enlisted    men,    title,    number   and 

grades  of,  p.  241,  §  1928d. 
Rules  and  regulations  not  inconsistent  with  those  of  United  States, 

commander-in-chief  may  make,  p.  239,  §  1926. 
Salaries  of  officers  and  employees  of  adjutant-general's  department, 

p.  250, §  2086. 
Secretary    of,   salary   of   not   to   be   changed    during   term    of   office, 

p.  253,  §  2141. 
Signal  corps,  consists  of  what,  p.  242,  §  1931. 

Signal  corps,  officers  and  enlisted  men,  duties  of,  p.  242,  §  1931. 
Signal  corps,  officers  and  enlisted  men,  grades  and  numbers  of,  p.  242, 

§  1931. 
Staff  departments  of  enumerated,  p.  238,  §  1925. 
United  States  army,  rules  and  regulations  of  apply  to,  p.  238,  §  1919. 

NAUTICAL  SCHOOL. 

Establishment  of,  p.  1134,  Act  2436. 

NAVAL  MILITIA.     See  National  Guard. 
NAVIGATION.     See  Nautical  School;  Waters. 

NAVY. 

Burial  of  ex-Union  sailors  or  marines  dying  without  means,  p.  1238, 

Act  3693. 
Care  of  graves  of  sailors  and  marines,  p.  1239,  Act  3693a. 
License  tax,  exemption  of  honorably  discharged  sailors  and  marines 

from,  p.  280,  §  3366. 

NEGLIGENCE. 

Action  for,  constitutes  consent  to  physician  testifying,  p.  33,  §  1881. 


1488  INDEX. 

NEGOTIABLE  INSTRUMENTS. 

Acceptance,  date  of,  may  be  inserted  when,  p.  62,  §  3094. 

Acceptance,  defined,  p.  98,  §  3266. 

Acceptor,  liability  of,  p.  72,  §  3143. 

Acceptor,  what  admits,'  p.  72,  §  3143. 

Accommodation  party,  liability  of,  p.  65,  §  3110. 

Accommodation  party,  who  is,  p.  (55,  §  3110. 

Action  includes  counterclaim  and  setoff,  p.  98,  §  3266. 

Agent  or  broker  negotiating  instrument,  liability  of,  p.  74,  §  3150. 

Agent,  signature  by,  liability  of  agent,  p.  64,  §  3101. 

Agent,  signature  by  "procuration,"  effect  of  and  liability  of  prin- 
cipal, p.  64,  §  3102. 

Agent,  signature  by,  rules  as  to,  p.  64,  §  3100. 

Alteration  of,  what  material,  p.  85,  §  3206. 

Alteration  without  consent,  eft'ect  of,  p.  85,  §  3205. 

Ambiguities  in,  rules  for  construction  in  case  of,  p.  63,  §  3098. 

Ante-dated,  holder  acquires  title  at  delivery,  p.  62,  §  3093. 

Ante-dating,  effect  of  on,  p.  62,  §  3093. 

Assignment  by  corporation,  effect  of,  p.  64,  §  3103. 

Assignment  by  infant,  effect  of,  p.  64,  §  3103. 

Attorney's  fees,  provision  for  payment  of,  p.  59,  §  3083. 

Authority,  signature  made  without,  effect  of  and  liability  under, 
p.  64,  §  3104. 

Bank,  includes  what,  p.  98,  §  3266. 

Bank,  instrument  drawn  or  indorsed  to  officer  of,  deemed  payable  to 
bank,  p.  68,  §  3123. 

Bank,  instrument  drawn  or  indorsed  to  officer  of  bank,  how  negoti- 
ated, p.  68,  §  3123. 

Bank,  making  instrument  payable  at  equivalent  to  order  to  pay,  p.  77, 
§  3168. 

Bearer,  meaning  of,  p.  98,  §  3266. 

Bearer,  payable  to  when,  p.  61,  §  3090. 

Bills  of  exchange.     See  Bills  of  Exchange. 

Blank  paper  with  signature,  right  to  fill,  p.  62,  §  3095. 

Blanks  in,  completing  incomplete  instrument  without  authority,  rights 
of  holder,  p.  62,  §  3096. 

Blanks  in,  filling  of,  rights  of  holder,  p.  62,  §  3095. 

Blanks  in,  right  to  fill,  p.  62,  §  3095. 

Bona  fide  holders.     See  post.  Holders,  this  title.  , 

Bonds.     See  Bonds. 

(-'ancellation  by  mistake  or  without  authority,  effect  of,  p.  85,  §  3204. 

Cancellation  of,  burden  of  proving  mistake  or  want  of  authority, 
p.  85,  §  3204. 

f^ertainty  as  to  sum   due,  what   constitutes,   p.  59,  §  3083. 

(, 'hecks.     See  Checks. 

Conditions,  promise  to  pay  is  unconditional,  when,  p.  59,  §  3084. 

Conform  to  now  negotiable  instrument  law  when,  p.  61,  §  3091. 

Consideration,  absence  or  failure  of  as  a  defense,  p.  65,  §  3109. 

(.'onsideration  for  signatures  to,  presumption  as  to,  p.  65,  §  3105. 

Consideration   for,  what  constitutes,  p.   65,  §3106. 

Consideration,  i)artial  failure  of  as  a  defense,  p.  ()5,  §  3109. 

Consideration,  presumption  as  to,  p.  65,  §  3105. 

Construction  of,  rules  for,  p.  63,  §  3098. 

Contingency,  instrunicnt  payable  upon  not  negotiable  although  con- 
tingency  hii|)|ic'ii.  ]i.  ."!•,  §  .';ns."i. 


INDEX.  1489 

NEGOTIABLE  INSTRUMENTS   (Continued). 

Continuation    of    negotiability    of    instruiiicnt    originally    negotiable, 

rule  as  to,  p.  69,  §  312S. 
C!orporation,  indorsement    or    assignment  by,    effect  of,  p.  (34,  §  3103. 
Date,  ante-dated  or  post-dated,  holder  acquires  title  at  delivery,  p.  62, 

§  3093. 
Date,  effect  of  omission  of,  p.  60,  §  3087. 
Date,  insertion  of  wrong  date,  effect  of,  p.  62,  §  3094. 
Date  of  drawing,  acceptance  or  indorsement,  presumption  as  to,  p.  61, 

§  3092. 
Date  of  issuance  or  acceptance  may  be  inserted  when,  p.  62,  §  3094. 
Dating,  ante-dating  or  post-dating,  effect  of,  p.  62,  §  3093. 
Defenses.     See  post,  Holder,  this  title. 

Defenses,  holder  not  in  due  course  takes  subject  to,  p.  71,  §  3139. 
Delivery,  conditional  or  special,  p.  62,  §  3097. 
Delivery,  how  made,  p.  62,  §  3097. 

Delivery,  incomplete  and  revocable  before,  p.  62,  §  3097. 
Delivery,  meaning  of,  p.  98,  |  3266. 

Delivery,  negotiation  by,  warranty  under,  p.  73,  §  3146. 
Delivery,   presumption   of   valid   delivery   in   favor   of   holder,   p.   62, 

§  3097. 
Demand,   instrument   issued,    accepted   or   indorsed  when   overdue   is 

payable  on,  p.  60,  §  3088. 
Demand,  when  payable  on,  p.  60,  §  3088. 
Discharge  of,  cancellation  bv  mistake  or  without  authoritv,  effect  of, 

p.  85,  §  3204. 
Discharge  of,  cancellation  of,  burden  of  proving  mistake  or  want  of 

authority,  p.  85,  §  3204. 
Discharge  of,  pavmcnt    bv    partv    secondarily    liable,    effect    of    and 

rights  of,  p.  84,  §  3202. 
Discharge  of,  person  secondarilv  liable,  what  acts  amount  to,  p.  84, 

§  3201. 
Discharge  of,  renunciation  by  holder,  effect  of  and  how  made,  p.  84, 

§  3203. 
Discharge  of,  what  amounts  to,  p.  83,  §  3200. 
Dishonor,  may  be  protested  for  nonacceptance  or  nonpavment,  p.  83, 

§  3199. 
Dishonor,  notice  of,  agent,  how  given  by,  p.  78,  §  3172. 
Dishonor,  notice   of,  by  party  entitled   to  give,   to   whose  benefit  in- 
ures, p.  79,  §  3174. 
Dishonor,  notice  of,  by  whom  may  be  given,  p.  78,  §  3171. 
Dishonor,  notice  of,   delay  in   giving,   diligence   after  cause   of  delay 

ceases,  p.  82,  §  3194. 
Dishonor,  notice  of,  delay  in  giving  when  excused,  p.  82,  §  3194. 
Dishonor,  notice    of,   deposit   in   postoflfice,    effect   of   miscarriage    of 

mails,  p.  81,  §3186. 
Dishonor,  notice  of,  deposit  of  in  postoffice,  what  deemed  to  bo,  p.  iSI, 

§  3187. 
Dishonor,  notice  of,  dis))ensed  with  if  it  does  not  reach  parties,  p.  82, 

§  3193. 
Dishonor,  notice  of,  dispensed  with  where  it  cannot  be  given,  p.  82, 

§3193. 
Dishonor,  notice  of,  form  of,  p.  79,  §  3177. 
Dishonor,  notice  of,  how  given  where  party  a  bankrupt  or  has  made 

assignment  for  creditors,  p.  80,  §  3182. 
Dishonor,  notice  of,  how  given  where  party  dead,  p.  79,  §  3179. 
94 


1490  INDEX. 

NEGOTIABLE  INSTRUMENTS   (Continued). 

Dishonor,  notice   of,    how   given   where    parties   are    partners,    p.    80, 

§  3180. 
Dishonor,  notice  of,   how  given  where  there  are  joint  parties,  p.  80, 

§  3181. 
Dishonor,  notice   of,   may   be   delivered   personally   or   mailed,   p.    79, 

§3177. 
Dishonor,  notice  of,  may  be  given  to  party  or  his  agent,  p.  79,  §  3178. 
-     Dishonor,  notice  of,  mistakes  or  omissions  in,  effect  of,  p.  79,  §  3176. 
Dishonor,  notice  of  must  be  given,  p.  78,  §  3170. 
Dishonor,  notice  of,  not  required  to  be  given  to  drawer  in  what  cases, 

p.  82,  §  3195. 
Dishonor,  notice  of,  not  required  to  be  given  indorser  in  what  cases, 

p.  83,  §  3196. 
Dishonor,  notice    of,    omission    to    give    for    nonacceptance    does   not 

affect  subsequent  holder  in  due  course,  p.  83,  §  3198. 
Dishonor,  notice  of,  on  behalf  of  holder  inures  to  whose  benefit,  p.  79, 

§  3173. 
Dishonor,  notice  of,  rules  governing  where  parties  reside  in  different 

places,  p.  SO, §  3185. 
Dishonor,  notice   of,   rules   governing  where   persons   reside   in   same 

place,  p.  80,  §  3183. 
Dishonor,  notice  of,  sufficient  if  actually  received  though  not  in  ac- 
cordance with  provisions,  p.  81,  §  3189. 
Dishonor,  notice  of,  terms  of,  p.  79,  §  3177. 
Dishonor,  notice   of,   time  to  give  by  party  receiving  to   antecedent 

parties,  p.  81,  §  3188. 
Dishonor,  notice  of,  time  within  which  must  be  given,  p.  80,  §  3183. 
Dishonor,  notice  of,  to  whom  given,  p.  78,  §  3170. 
Dishonor,  notice  of,  waived,  may  be,  p.  82,  §  3190. 
Dishonor,  notice   of,   waiver   above   signature   of   indorser  binds   him 

only,  p.  82,  §  3191. 
Dishonor,  notice  of,  waiver  embodied  in  instrument  binds  all  parties, 

p.  82,  §  3191. 
Dishonor    of,   notice   of,   waiver   may   be   express   or   implied,   p.   82, 

§3190. 
Dishonor,  notice  of,  waiver  of  protest  is  a  waiA'er  of,  p.  82,  §  3192. 
Dishonor,  notice  of,  what  suflScient,  p.  79,  §§  3176,  3177. 
Dishonor,  notice  of,  where  instrument  dishonored  in  hands  of  agent, 

p.  79,  §3175. 
Dishonor,  notice  of,  where  notice  of  nonacceptance  given,  notice  of 

nonpayment  not  necessary,  p.  83,  §  3197. 
Dishonor,  notice  of,  where  sent  when  party  has  given  address,  p.  81, 

§3189. 
Dishonor,  notice   of,  where   sent  when   party  has   not   given  address, 

p.  81,  §3189. 
Drawer   admits   existence   of   payee   and   capacity   to   indorse,   p.   72, 

§  3142. 
Drawer,  liability  of,  p.  72,  §  3142. 

Drawer  may  negative  liability  by  express  stipulation,  p.  72,  §  3142. 
Forgery  of  signature,  effect  of,  and  lial)ilitics  under,  p.  C4,  §  3104. 
Form  of,  p.  58,  §  3082. 
Holder  deriving  title  through  holder  in  due  course,  rights  of,  p.  71, 

§  3139. 
Holder  for  value,  who  is,  p.  65,  §  3107. 


INDEX.  1491 

NEGOTIABLE  INSTRUMENTS   (Contiuued). 

Holder  in  due  course,  burden  of  proof  where  title  defective,  p.   71, 

§3140. 
Holder  in  due  course,  effect  of  alteration  on,  p.  85,  §  3205. 
Holder  in  due  course,   omission   to  give   notice   of   dishonor   by   non- 
acceptance  does  not  affect,  p.  83,  §  3198. 
Holder  in  due  course,  rights  of,  p.  71,  §  3138. 
Holder  in  due  course,  where  negotiation  unreasonably  delayed,  p.  70, 

§  3134. 
Holder  in  due  course,    where    notice    of    defect   before    full    amount 

paid,  p.  70,  §  3135. 
Holder  in  due  courts,  who  deemed  to  be,  p.  70.  §  3133;  p.  71,  §  3140. 
Holder  may  sue  in  his  own  name,  p.  70,  §  3132. 
Holder,  meaning  of,  p.  98,  §  3266. 

Holder  not  in  due  course  takes  subject  to  defenses,  p.  71,  §  3139. 
Holder    of   instrument    transferred    for   value   without    indorsement, 

rights  of,  p.  69,  §  3130. 
Holder,  payment  to  discharges  instrument,  p.  70,  §  3132. 
Holder,  presumption  of  valid  delivery  in  favor  of,  p.  62,  §  3097. 
Holder,  renunciation  by  holder,  how  made  and  effect  of,  p.  84,  §  3203. 
Holder,  striking  out  of  indorsements  by,  right  of  and  effect  of,  p.  69, 

§  3129. 
Holder,  title,  defect  in,  notice  of  before  full  amount  paid,  effect  of, 

p.  70,  §3136. 
Holder,  title,  notice  of  defect  in,  what  necessary  to  constitute,  p.  71, 

§  3137. 
Holder,  title  of  when  defective,  p.  70,  §  3136. 
Holder  with  lien  deemed  holder  for  value  to   extent  of  lien,   p.  65, 

§3108. 
Holiday,  last  day  falling  on,  computation  of  time,  p.  99,  §  3266c. 
Hlegal  provisions  in,  effect  of,  p.  60,  §  3086. 
Incomplete  before  delivery,  p.  62,  §  3097. 
Incomplete  instrument,  completing  and  negotiating  without  authority, 

rights  of  holder,  p.  62,  §  3096. 
Indorser,  one  signing  in  blank  before  delivery  liable  as  when,  p.  72, 

§  3144;  p.  73,  §  3145. 
Indorsement,  as  to  residue  where  part  paid,  p.  66,  §  3113. 
Indorsement,  blank,  defined,  p.  67,  §  3115. 
Indorsement,  blank,    how    converted    to   special    indorsement,    p.    67, 

§  3116. 
Indorsement,  blank,  instrument  how  negotiated,  p.  67,  §  3115. 
Indorsement,  blank,  instrument  payable  to  bearer,  p.  67,  §  3115. 
Indorsement,  blank,  may  be,  p.  67,  §  3114. 
Indorsement  by  corporation,  effect  of,  p.  64,  §  3103. 
Indorsement  by  infant,  effect  of,  p.  64,  §  3103. 

Indorsement  by  one  in  representative  capacity  so  as  to  negative  per- 
sonal liability,  p.  68,  §  3125. 
Indorsement,  conditional,  disregard  of  condition,  p.  68,  §  3120. 
Indorsement,  conditional,  rights  of  holder  of  instrument,  p.  68,  §  3120. 
Indorsement,  general,  liability  under,  p.  73,  §  3147. 
Indorsement,  general,  warrants  what,  p.  73,  §  3147. 
Indorsement,  how  made,  p.  66,  §  3112. 
Indorsement,  how  made  where  mistake  in  name  of  payee  or  indorsee, 

p.  68,  §  3124. 
Indorsement,  joint  indorsers,  liability  of,  p.  74,  §  3149. 
Indorsement,  must  be  of  entire  paper,  p.  66,  §  3113. 


1492  INDEX. 

NEGOTIABLE  INSTRUMENTS  (Contiuued). 

Indorseineut,  order  in  which  iudorsers  liable,  p.  74,  §  3149. 
Indorsement,  j^artial,  not  permitted,  p.  66,  §  3113. 
Indorsement,  place  of,  presmnption  as  to,  p.  69,  §  3127. 
Indorsement,  qualified,  negotiation  by,  warranty  under,  p.   73,  §  3146. 
Indorsement,  qualified,    what    constitutes,    how    made    and    effect    of, 

p.  67,  §  3119. 
Indorsement,  restrictive,  qualified  or  conditional,  may  be,  p.  67,  §  3114. 
Indorsement,  restrictive,  rights  of  indorsee  under,  p.  67,  §  3118. 
Indorsement,  restrictive,  what  is,  p.  67,  §  3117. 
Indorsement,  special,  defined,  p.  67,  §  3115. 
Indorsement,  special  indorsement   of  instruments  payable   to   bearer, 

rights  and  liabilities  under,  p.  68,  §  3121. 
Indorsement,  special,  instrument,  how  negotiated,  p.  67,  §  3115. 
Indorsement,  special,  may  be,  p.  67,  §  3114. 
Indorsements,  striking  out  and  effect  of,  p.  69,  §  3129. 
Indorsement,  time  of,  presumption  as  to,  p.  68,  §  3126. 
Indorsement,  transfer    for    value    without,    effect    of    and    rights    of 

holder,  p.  69,  §  3130. 
Indorsement  under  instrument  negotiable  by  delivery,  liability  under, 

p.  74,  §  3148. 
Indorsement,  where    payable    to   two   or   more    persons   not   partners, 

p.  68,  §  3122. 
Infant,  indorsement  or  assignment  by,  effect  of,  p.  64,  §  3103. 
Instrument,  meaning  of,  p.  98,  §  3266. 

Instruments  not  within  new  negotiable  instrument  act,  law  govern- 
ing, p.  99,  §  3266d. 
Interest,  date  from  which  runs  where  not  specified,  p.  63,  §  3098. 
Issue,  meaning  of,  p.  98,  §  3266. 
Joint  and  several,  liability  is  when,  p.  63,  §  3098. 
Law  governing  cases  not  within  new  negotiable  instrument  law,  p.  99, 

§  3266d. 
Liability  of  one  signing  in  trade  or  assumed  name,  p.  63,  §  3098. 
Liability,  persons  primarily  liable,  p.  99,  §  3266a. 
Liability,  persons  secondarily  liable,  p.  99,  §  3266a. 
Liability  where  signature  does  not  appear,  p.  63,  §  3099. 
Lien,  holder  with  lien  deemed  holder  for  value,  p.  65,  §  3108. 
Maker   admits   existence   of    payee   and    capacity   to   indorse,   p.    72, 

§3141. 
Makers,  liability  of,  p.  72,  §3141. 

Name,  assumed  or  trade,  liability  of  one  signing  in,  p.  63,  §  3099. 
Name  of  jmyee  or  indorsee,  mistake  in,  how  indorsed,  ]i.  68,  §  3124. 
Negotiability  not  affected  by  what  omissions,  ]>.  60,  §  3087. 
Negotial)ility,    ])rovisions,    what    do    and    what    do    not    affect,    p.    60, 

§  308(). 
Negotiation.     .See  ante,  Holder,  this  title. 

Negotiation,  agent  or  broker  negotiating,  jial)ility  of,  j).  74,  §3150. 
Negotiation  ])ack  to  prior  party,  rights  of  i)rior  party,  p.  69,  §  3L31. 
Negotiation  by  delivery,  warranty  under,  p.  73,  §  3146. 
Negotiation,  iiislriimciit  iiidorscil  in  blanls,  liovv  itidorsed,  p.  67,  §  3115. 
Negotiation,    instniinrnl    s|)C(i:i  lly    iinldiscil,    how    negotiated,    p.    67, 

"§3115. 
Negotiation,  niaiiiicr  nl',  wlicic   imynlilc  to  bciircr,  |>.  66,  §3111. 
Negotiation,  iiiaiiiicr  of,  whcic  |iay;ililc  ti)  oiwh-r,  p.  6(i,  §311L 
Negotiation   of  instrument    drawn     or    indorsed     to    oniciM-    of    ])aiil<, 

manner  of.  |).  68,  §312;;. 


INDEX.  1493 

NEGOTIABLE  INSTRUMENTS  (Continuecl). 

Negotiation  of  instrument    payable    to    bearer    that   is    specially    in- 
dorsed and  rights  under,  p.  G8,  §  3121. 
Negotiation  of,  what  constitutes,  p.  66,  §  3111. 

Negotiation,  rights  of   holder   of   instrument   with   conditional,   quali- 
fied or  restrictive  indorsement,  p.  67,  §§  3118,  3119;  p.  68,  §  3120. 
Negotiation,  rights  of  indorsee  under  restrictive  indorsement,  p.  67, 

§3118. 
New    negotiable   instruments   law   does   not   affect    ])rior   instruments, 

p.  99,  §  3266d. 
Notice  of  defect  before  full  amount  paid,  effect  of,  p.  70,  §  3135. 
Omissions  in,  rules  for  construction  of,  p.  63,  §  3098. 
Omissions,  what  do  not  affect  negotiability,  p.  60,  §  3087. 
Order,  when  payable  to,  p.  61,  §  3089. 
Overdue,   payable   on    denmnd   as   regards    person    issuing,    accepting 

or  indorsing,  p.  60,  §  3088. 
Payable  at  determinable  future  time,  when,  p.  59,  §  3085. 
Payable  on  demand,  when,  p.  60,  §  3088. 

Payable  in  particular  kind  of  money,  effect  of,  p.  60,  §  3087. 
Payable  to  bearer,  when,  p.  61,  §  3090. 
Payable  to  order,  when,  p.  61,  §  3089. 

Payee  to  be  indicated  with  reasonable  certainty,  p.  61,  §  3089. 
Payment,  ability  and  willingness  to  pay,  when  equivalent  to  tender, 

p.  74,  §  315L 
Payment  by  partv  secondarilv  liable,  effect  of  and   rights  on.  p.  S4, 

§3202. 
Payment,  delivery  up  of  instrument  on,  p.  75,  §  3155. 
Payment  is  made  in  due  course,  when,  p.  77,  §  3169. 
Paj'ment,  making  instrument  payable  at  bank  equivalent  to  order  to 

pay,  p.  77,  §  3168. 
Payment,    nonpavment,    instrument    is    dishonored    bv    when,    p.    77, 

§  3164. 
Payment,  nonpayment,  recourse  to  persons  secondarily  liable  in  case 

of,  p.  77,  §  3165. 
Payment  of.     See  ante,  Discharge,  this  title. 
Payment  of.     See  post,  Presentment,  this  title. 
Payment  on  behalf  of  principal  debtor  discharges  instrument,  p.  83, 

§  3200. 
Payment,  promise  to  pay  is  unconditional,  when,  p.  59,  §  3084. 
Payment,  time  of,  calculating,  exclusion  of  first  and  inclusion  of  last 

'  day,  p.  77,  §  3167. 
Payment,  time  of,  calculating  where  instrument  payable   after   sight 

or  after  certain  event,  p.  77,  §  3167. 
Payment,  time  of,  days  of  grace  not  allowed,  p.  77,  §  3166. 
Payment,  time  of  maturity,  p.  77,  §  3166. 
Payment,  time  of  when   day   of   maturity   falls   on    Saturday,   p.   77, 

§  3166. 
Payment,  time  of  when  day  of  maturity  falls  on  Sunday  or  holiday, 

p.  77,  §  3166. 
Payment  to  holder  discharges  instrument,  p.  70,  §  3132. 
"Persons,"  includes  what,  p.  98,  §  3266. 

Place  where  drawn  or  paj'able,  omission  of,  effect  of,  p.  60,  §  3l)S7. 
Post-dated,  holder  acquires  title  at  delivery,  p.  62,  §  3093. 
Post-dating,  effect  of  on,  p.  62,  §  3093. 
Presentment  for  payment,    delay    in    making    excused,    when,    p.    7(), 

§3162. 


1494  LNDKX. 

NEGOTIABLE  INSTRUMENTS  (Continued). 

Presentment  for  payment,    delivery    of    instrument    on    payment    of, 

p.  75, §  3155. 
Presentment  for  payment,  diligence  in  making  where  cause  of  delay 

ceases  to  operate,  p.  76, §  3162. 
Presentment  for  payment,  how  made,  pp.  75,  76,  §§  3153-3160. 
Presentment  for  payment,  in  case  of  partnership,  p.  76,  §  3158. 
Presentment  for  payment,  instrument  must  be  exhibited,  p.  75,  §  3155. 
Presentment  for  payment,   necessary   to   charge   drawer   or  indorser, 

p.  74,  §  3151. 
Presentment  for  payment,  not  necessary  to  person  primarily  liable, 

p.  74,  §  3151. 
Presentment  for  payment,  not  required  where  instrument  for  accom- 
modation, when,  p.  76,  §  3162. 
Presentment  for  payment,  not  required  where  no  right  to  expect  or 

require  payment,  p.  76,  §  3160. 
Presentment  for  payment,  time  of,  where  instrument  not  payable  on 

demand,  p.  75,  §  3152. 
Presentment  for  payment,  time  of,  when  payable  on  demand,  p.  75, 

§3152. 
Presentment  for  payment,  when  day  of  maturity  falls  on  Saturday, 

p.  77,  §  3166. 
Presentment  for  payment,  when  dispensed  with,  p.  77,  §  3163. 
Presentment  for  payment,  where  instrument  payable  at  bank,  p.  75, 

§3156. 
Presentment  for  payment,  where  made,  p.  75,  §  3154. 
Presentment  for  payment,   where  party   dead   and   no   place   of   pay- 
ment specified,  p.  76,  §  3157. 
Presentment  for  payment,   where    there    are   several   debtors,   p.    76, 

§3159. 
Presumption    as   to    date   of   issuing,    accepting   or   indorsing,   p.    61, 

§  3092. 
Prior   instruments   not   affected   by   new   negotiable   instrument   law, 

p.  99,  §  3266d. 
Prior  party,  rights  of  on  negotiation  back  to  him,  p.  69,  §  3131. 
Promissory  notes.     See  Promissory  Notes. 

Protest  for  nonpayment  or  nonacceptance  may  be  given,  p.  83,  §  3199. 
Protest,  may  be  protested  for  nonacceptance  or  nonpayment,   p.  83, 

§  3199. 
Protest  not  required  except  in  case  of  foreign  bills,  p.  83,  §  3199. 
Protest,  waiver  of  waives  presentment  and  notice  of  dishonor,  p.  82, 

§3192. 
Provisions  in,   what  do  and  what  do  not  affect  negotiability,  p.  60, 

§  3086. 
Reasonable  lime,  how  determined,  p.  99,  §  3266b. 
Renunciation  by  holder,  how  made  and  effect  of,  p.  84,  §  3203. 
Revocable  before  delivery,  p.  62,  §  3097. 
Seal  on,  effect  of,  p.  60,  §  3087. 

Signature  by  agent,  liability  of  agent,  p.  64,  §  3101. 
Signature  by  agent,  rules  as  to,  p.  64,  §  3100. 
Signature  by  "procuration,"  effect  of  and  liability  of  principal,  p.  64, 

§3102. 
Signature,  forgery  of,  effect  of  auil  lial)ilily  under,  p.  64,  §  3104. 
Signature  in  blank  on  before  delivery,  linliility  under,  p.  72,  §3144; 

p.  73,  §3145. 


INDEX.  1495 

NEGOTIABLE  INSTRUMENTS  (Continued). 

Signature  made  without  authority,  effect  of  and  liability  under,  p.  64, 

§  3104. 
Signature  on  negotiable  instrument  by  agent,  liability  of  agent,  p.  64, 

§3101. 
Signing  in  trade  or  assumed  name,  liability  in  case  of,  p.  63,  §  3099. 
Sunday,  last  day  falling  on,  computation  of  time,  p.  99,  §  3266c. 
Terms  sufficient  to  conform  to  new  negotiable  instrument  law,  when, 

p.  61,  §3091. 
Time,  last  day  falling  on  Sunday  or  holiday,  p.  99,  §  3266c. 
Time,  reasonable,  how  determined,   p.  99,  §  3266b. 
Title.     See  ante.  Holder,  this  title. 
Transfer  of.     See  ante,  Holder,  this  title. 
Transfer  of.     See  ante,  Negotiation,  this  title. 
Unconditional,  promise  to  pay,  when  is,  p.  59,  §  3084. 
Value,  holders  for,  who  are,  p.  65,  §  3107. 
Value  means  valuable  consideration,  p.  98,  §  3266. 
Value,  omission  of  statement  of,  effect  of,  p.  60,  §  3087. 
Value,  what  constitutes,  p.  65,  §  3106. 
Writing,  includes  print,  p.  98,  §  3266. 
Written  includes  printed,  p.  98,  §  3266. 

NET  CONTAINER  BILL. 

Amendment  of,  p.  1135,  Act  2453. 

NETS.     See  Game  Laws. 

NEVADA  COUNTY. 

Assessor,  salary  of,  p.  482,  §  4263,  subd.  7. 
Auditor,  salary  of,  p.  482,  §  4263,  subd.  4. 

Constables,  classification  of  townships  for  purpose  of  regulating  sal- 
aries, p.  482,  §  4263,  subd.  15. 
Constables,  salaries  and  fees  of,  p.  482,  §  4263,  subd.  15. 
Coroner,  fees  of,  p.  482,  §  4263,  subd.  9. 

County  clerk,,  salary  and  allowances,  p.  482,  §  4263,  subd.  1. 
District  attorney,  deputy,  appointment  and  salary  of,  p.  482,  §  4263, 

subd.  8.     . 
District  attorney,  salary  of,  p.  482,  §  4263,  subd.  8. 
Fish  and  game  warden,  salary  and  expenses  of  and  how  paid,  p.  482, 

§  4149d. 
Justices,  classification  of  townships  for  purjjose  of  regulating  salaries, 

p.  482,  §  4263,  subd.  15. 
Justices,  fines  and  fees,  payment  into  treasury  and  report  of,  p.  482, 

§  4263,  subd.  14. 
Justices,  salaries,  p.  482,  §  4263,  subd.  14. 
Justices,  salaries  not  to  be  paid  until  report  of  fees  and  fines  filed, 

p.  482,  §  4263,  subd.  14. 
Justices,  salaries    to    be   in   full    compensation   for   services,    p.    482, 

§  4263,  subd.  14. 
Official  reporter,  fees  and  expenses  of,  p.  482,  §  4263,  subd.  16. 
Public  administrator,  salary  of,  p.  482,  §  4263,  subd.  10. 
Recorder,  salary  of,  p.  482,  §  4263,  subd.  3. 
Road  commissioners,  expenses  of,  p.  482,  §  4263,  subd.  13. 
Sheriff,  salary  and  fees  of,  p.  482,  §  4263,  subd.  2. 
Superintendent   of   schools,    salary,   per    diem   and   expenses,    p.   482, 

§  4263,  subd.  11. 
Supervisors,  salaries,  allowances  and  expenses,  p.  482,  §  4263,  subd.  13. 


1496  INDEX. 

NEVADA  COUNTY   (Coutinued). 

Surveyor,  fees  of,  p.  482,  §  4263,  siibd.  12. 
Tax  collector,  salary  of,  p.  482,  §  4263,  subd.  6. 
Treasurer,  salary  of,  p.  482,  §  4263,  subd.  5. 

NEWSPAPERS. 

Provision  requiring  signature  to  uews])aper  articles,  repeal  of,  p.  103, 
§  259. 

NEW  TRIAL. 

Hearing  of  motion,  time  for,  p.  16,  §  660. 

Hearing  of  motion  to  be  at  earliest  practical  time,  p.  16,  §  660. 

Hearing  of  motion,  what  pleadings,  orders  and  evidence  may  be  re- 
ferred to  on,  p.  16,  §  660. 

Hearing  on  motion  for,  if  evidence  not  transcribed,  reporter  to  attend 
and  read  notes,  p.  16,  §  660. 

Hearing  on  motion  for,  precedence  of,  p.  16,  §  660. 

Hearing  on  motion  for,  proceedings  where  no  report  or  certified  tran- 
script of  evidence,  p.  16,  §  660. 

Motion  for,  failure  to  determine  within  three  months  a  denial  of 
motion,  p.  16,  §  660. 

Motion  for  to  be  decided  ^t  earliest  practicable  moment,  p.  16,  §  660. 

Motion  for  to  be  decided  within  three  months,  p.  16,  §  660. 

Probate  proceedings,  in.     See  Estates  of  Decedents. 

Time  to  decide  motion  for,  p.  16,  §  660. 

NOMINATIONS.     See  Elections. 
NORMAL  SCHOOL.     See  Schools. 

NOTARIES  PUBLIC. 

Particular  county,  in.     See  particular  county. 
Protest  of  bill,  may  make,  p.  92,  §  323.5. 
San  Francisco,  number  of  in,  p.  180,  §  791. 

NOTES.     See  Negotiable  Instruments;  Promissory  Notes. 

NOTICE. 

Administration  of  estate,  notice  of  heirs,  devisees  or  legatees  of  pro- 
ceedings in,  p.  26,  §  1380. 

Defect  in  negotiable  instrument,  effect  of  notice  of  before  full  amount 
paid,  p.  70,  §  3135. 

Defect  in  title  to  negotiable  instrument,  what  constitutes,  p.  71, 
§3137. 

Dishonor  of  negotiable  instrument,  of.     See  Negotiable  Instruments. 

Lien  claimant  against  homestead,  notice  to  by  executor  of  death  of 
owner,  p.  31,  §  1475. 

Particular  proceedings,  in.     See  particular  title. 

Posting  on  public  or  private  property  without  consent,  p.  110,  §  602. 

Tearing  down  or  injuring  signs  fnrl)i(iding  shooting  a  misdemeanor, 
]).   no.  §602. 

TliMt  arlich's  inadi'  at  prisons  or  icformafories  are  for  sale.  p.  984, 
\r\    L'lii:'.. 

'I'i-i;il   ill   justice's  cdint,   of.      Sec  .Instice's   (ourt. 

NUISANCES. 

I'.iit  liiionscs  ami  swimming-pools  iind  pliiccs,  when  are  and  abatement 
(,r,  II.   i:!S6,  Act  4349c. 


INDEX.  1497 

NUISANCES  (Continued). 

Public.     See  County  Horticultural  Commissioner;  Gophers;  Squirrels. 
Public,    places   infested   witli    squirrels,   gopiiers   or   other   predatory 
animals,  p.  205,  §  2322a. 

NURSERY. 

Ket'oi'cstratioii,  fur.     See  Forests. 

NURSERYMEN.     See  State  Commissioner  of  Horticulture. 

NURSES. 

Amendment  of  act  of  lOL"?  relating  to,  p.  llP.fi,  Act  250Sb. 

* 

0 

OAKLAND. 

Charter  of,  p.  1137,  Act  2509. 

Justices  of  the  peace,  number  of  justices  in,  p.  2,  §  103.     See  Justices 

of  the  Peace. 
Waterfront,  grant  of  to,  p.  1137,  Act  2534. 

OCCUPATIONAL  DISEASES. 

Repeal  of  act  providing  for  report  of,  p.  1151,  Act  2827. 

ODD  FELLOWS.     See  Independent  Order  of  Odd  Fellows. 

OFFICES  AND  OFFICERS. 

Attorney  general  represents  state  officers,  p.  164,  §  472. 

Attorneys,  power  of  officers  or  boards  to  employ,  p.  164,  §  472. 

Civil  service,  assistant  superintendents  of  public  instruction,  not  sub- 
ject to,  p.  192,  §  1519. 

Civil  service  laws,  when  applicable  to  justice's  clerk  and  deputies, 
p.  2,  §  86. 

Civil  service.     See  Civil  Service. 

Grand  jury,  duties  of  in  relation  to  public  officers.     See  Grand  Jury. 

•Tustices  of  the  peace,  salaries  of,  p.  2,  §  103. 

Limitation  of  action  against  officer  or  officer  de  facto  to  recover 
goods  seized,  sold  or  injured,  p.  10,  §  341. 

Limitation  of  action  against  officer  or  de  facto  officer  to  recover 
stock  sold  for  delinquent  assessment,  p.   10,  §  341. 

Resignations,  how  and  to  whom  made,  p.  180,  §  995. 

Resignation  of  school  trustees,  how  made,  p.  211,  §  1605. 

Resignations,  particular  officers,  of.     See  particular  title. 

Salary  of  particular  officer.     See  particular  title. 

Sale  by  officer,  change  of  possession  not  necessary,  p.  100,  §  3440. 

OIL.     See  Oil  Car  Companies;  Oil  Companies. 

Department  of  state  mining  bureau  for  protection  of,  creation  of, 
and  establishment  of,  p.  1063,  Act  2213b. 

Persons  operating  wells  to  make  reports,  p.  1063,  Act  2213b. 

Protection  of  from  waste  and  destruction  through  improper  methods 
of  procedure,  p.  1063,  Act  2213b. 

State  oil  and  gas  supervisor,  appointment,  powers,  duties  and  com- 
pensation, p.  1063,  Act  2213b. 

State  oil  and  gas  supervisor,  arbitration  of  rulings  of,  p.  1063,  Act 
2213b. 

State  oil  and  gas  supervisor,  assessment  of  charges  of  deimrtment 
against  operator,  p.  1063,  Act  2213b. 


1498  INDEX. 

OIL  (Continued). 

State  oil   and  gas  supervisor,   deputies  and   employees,  appointment, 

duties  and  compensation,  p.  1063,  Act  2213b. 
State  gas   and   oil   supervisor,  fund  for  department   of,   creation   of, 

p.  1063,  Act  2213b. 

OIL  CAR  COMPANIES. 

Francliise  tax  for  state  purposes  in.     See  State  Board  of  Equaliza- 
tion. 

OIL  COMPANIES. 

Franchise  tax  for  state  purposes  in.     See  State  Board  of  Equaliza- 
tion. 

OLEOMARGARINE. 

Eegulation  of  production  and  sale  of,  p.  617,  Act  473. 

ORANGE  COUNTY. 

Assessor,  all   commissions   to   be   paid  into   county   treasury,   p.   407, 

§  4243,  subd.  7. 
Assessor,  deputies,  number,  term  of  office,  appointment  and  salaries, 

p.  407,  §  4243,  subd.  7. 
Assessor,  salary  of,  p.  407,  §  4243,  subd.   7.' 
Assessor,  statements  as  to  amounts  paid  for  assistance,  p.  407,  §  4243, 

subd.  7. 
Auditor,  assistants,  appointment  and  salaries,  p.  407,  §  4243,  subd.  4. 
Auditor,  salary  of,  p.  407,  §  4243,  subd.  4. 
Auditor,  statement   of   amounts    paid   for   assistance,   p.   407,   §  4243, 

subd.  4. 
Census,  taking  of  by  supervisors,  p.  407,  §  4243,  subd.  17. 
Constables,  salaries  and  fees  of,  p.  407,  §  4243,  subd.  14. 
Constitutionality    of   act,   effect   of  declaring   provision   of   unconsti- 
tutional, p. '407,  §  4243,  subd.  19. 
Coroner,  fees  of,  p.  407,  §  4243,  subd.  9. 
County  clerk,  deputy,  appointment,  duties  and  salary,  p.  407,  §  4243, 

subd.  1. 
County  clerk,  fees  and  commissions  to  be  paid  into  county  treasury, 

p.  407,  §  4243,  subd.  1. 
County  clerk,  salary  of,  p.  407,  §  4243,  subd.  1. 
District  attorney,   deputies,    appointment   and   salary,   p.   407,  §  4243, 

subd.  8. 
District  attorney,    deputies    must    be    admitted    to    practice,    p.    407, 

§  4243,  subd.  8. 
District  attorney,  salary  of,  p.  407,  §  4243,  subd.  8. 
District  attorney,    stenographer,    appointment     and     salary,    p.    407, 

§  4243,  subd.  8. 
Jurors,  fees  of,  who  to  pay,  p.  407,  §  4243,  subd.  18. 
.Turors,  grand,  compensation  and  mileage,  p.  407,  §4243,  subd.  19. 
Jurors,  trial,  compensation  and  mileage,  p.  407,  §  4243,  subd.  19. 
.Tusticcs,    population   of   townships,   how    ascertained   for   purpose   of 

fixing  salaries,  p.  407,  §  4243,  subd.  16. 
Justices,  salaries  and  fees  of,  p.  407,  §  4243,  subd.  13. 
Tiivestock  inspector,  salary  of,  p.  407,  §  4243,  subd.  16. 
Population  of  townships,  how  determined,  p.  407,  §  4243,  subd.  17. 
Probntioii   ofliccr  and   assislants  and   salaries  of,   p.   Pof),   Act   1770a, 

§  19k. 
Public  administrator,  fees  of,  p.  407,  §  4243,  subd.  10. 


INDEX.  1499 

ORANGE  COUNTY   (Continued). 

Kecorder,  deputies,  number,  appointment  and  salaries,  p.  407,  §  4243, 

subd.  3. 
Recorder,    fees   and    eommissions   to   be    paid   into   treasury,   p.    407, 

§  4243,  subd.  3. 
Recorder,  salary  and  fees  of,  p.  407,  §  4243,  subd.  3. 
Sheriff,    deputies,    appointment,    duties    and    salaries,    p.    407,  §  4243, 

subd.  2. 
Sheriff,  salary  and  fees  of,  p.  407,  §  4243,  subd.  2. 
Superintendent  of   schools,   deputy,   appointment  and   salary,  p.   407, 

§  4243,  subd.  11. 
Superintendent   of   schools,   salary   and   expenses   of,   p.   407,  §  4243, 

subd.  11. 
Supervisors,  salaries,  expenses  and  mileage,  p.  407,  §  4243,  subd.  15. 
Surveyor,  salary  of,  p.  407,  §  4243,  subd.  12. 
Tax  collector,  deputy  and  assistants,  appointment  and  compensation, 

p.  407,  §  4243,  subd.  6. 
Tax  collector,   salary  of,  p.  407,  §  4243,  subd.   6. 
Tax  collector,  statement  as  to   amounts  paid  for  assistance,   p.  407, 

§  4243,  subd.  6. 
Treasurer,  deputy,  appointment  and  salary,  p.  407,  §  4243,  subd.  5. 
Treasurer,  salary  of,  p.  407,  §  4243,  subd.  5. 

ORPHAN  ASYLUMS.     See  Orphans. 

Aid  not  given  for  what  children,  p.  256,  §  2289. 

Appropriation  for  aid  of  orphans,  p.  254,  §  2283. 

Appropriation  to  meet  deficiency  in  support  of  orphans,  p.  1139, 
Act  2595a. 

Books,  records  and  accounts  to  be  kept  by  institution  receiving  aid, 
p.  255,  §  2285. 

Children's  agents  to  examine  into,  number,  appointment,  duties,  sal- 
aries and  expenses,  p.  255,  §  2286. 

Conditions  requisite  to  receiving  aid,  p.  256,  §  2289. 

Examination  into  by  board  of  control,  p.  255,  §  2286. 

ORPHANS. 

Half -orphan  child  maintained  at  home,  aid  for,  p.  254,  §  2283. 
Half-orphan  child  maintained  at  home,  mother  refused  aid,  right  of 
appeal,  p.  254,  §  2283. 

OSPREY.     See  Game  Laws. 

OSTEOPATHY.     See  Medicine. 

OVERFLOWED  LANDS.     See  Swamp  and  Overflowed  Lands. 

OWLS.     See  Game  Laws. 

OYSTERS. 

Injuring,  gathering  or  taking  away  a  misdemeanor,  p.  110,  §  602. 
Trespassing  upon   lands  where  oysters  are   planted,   a  misdemeanor, 
p.  110,  §  602. 


1500  INDEX. 


PACIFIC  COLONY. 

For    feeble-minded    and    epile^jtics,    establishment    of.     See     Insane 
Asylums. 

PALACE   CAR  COMPANIES. 

Fianehise  tax  for  state  liurposes  on.     See  State  Board  of  Equaliza- 
tion. 

PALO  ALTO. 

Charter  of,  p.  1139,  Act  2G12. 

PANAMA-CALIFORNIA    INTERNATIONAL   EXPOSITION.      See   Ex- 
positions. 

PARADISE  IRRIGATION  DISTRICT. 

Formation  of  validated,  p.  898,  Act  1725g. 

PARDONS. 

Advisory  pardon  board,  creation,  powers  and   duties  of,  p.  650,  Act 
867. 

PARENT  AND  CHILD. 

Adoption.     See  Adoption. 

Illegitimate  child.     See  Legitimacy. 

Insane  person,  appointment  of  guardian  at  instance  of  parent,  p.  40, 

§  242. 
Omission  of  parent  to  provide  for  child,  jurisdiction  of  juvenile  court, 

p.  103,  §  270. 
Omitting  to  provide  for  child,  punishment  for,  p.  103,  §  270. 

PARKS.     See  California  Kedwood  Park. 

Cities   authorized   to    acquire   and   to    establish   assessment    districts, 
to  pay  expenses  of,  p.   1173,  Act  2S84. 

PAROLE. 

Assistance  to  jiaroled  prisoners,  p.  1139,  Act  2623. 

PARTIES. 

Adverse  parties  as  witnesses.     See  Witnesses. 
Escheat  proceedings,  in.     See  Escheat. 

PARTITION. 

Partial  distrilnition  of  estate,  proceedings  where  .partition  necessary, 
p.  3],  §  1663. 

PARTNERSHIP. 

.lustice  of  the  peace  cannot  have  partner  practicing  law,  p.  2,  §  103. 
Notice  of  dishonor  of  negotiable   instrument,  how  given  where  par- 
ties are  partners,  p.  80,  §  3180. 
•  Presentment  for  payment  of  negotialtle   instrument  in  case  of  part- 
Ticrship,    J).    76,  §  3158. 

PARTRIDGES.     See  Came  Laws. 

PARTY  AFFILIATION.     Sec   EhHimis. 

PASSENGERS.     Src  CurriiTs  of  Passengers. 

PASSES.     Sic  (';iiiirrs  of  Passengers. 


INDEX.  1501 

PATENTS. 

State  land  patents,  effect  of  in  certain  cases,  p.   1173,  Act  2S7og. 

PAUPERS.     See  Orphan  Asylum. 

Maintenance  and  sup[)ort  of,  duty  of  supervisors,   p.    1140,  Act  2631. 

PAYMENT. 

Ability  and  willingness  to  pay  when   equivalent  to  tender  of,  p.  74, 

§3151. 
Bills  of  exchange,  of.     See  Bills  of  Exchange. 
Negotiable  instrument.     See  Negotiable  Instruments. 
Negotiable  instrument,  payment  of  to  h'older  discharges  instrument, 

p.  70,  §  3132. 
State  lands,  for.     See  Public  Lands. 

PEACE. 

Security  to  keep,  appointment  of  shorthand  reporter   to   take   down 

testimony,  p.  146,  §  704. 
Security   to  keep,  taking  down   testimony  and  reducing   to   writing, 

p.  146,  §  704. 
Security  to  keep,  testimony  of  witnesses,  authentication  of,  p.  146, 

§  704. 
Security  to  ke^p,  testimony,  subscribing  by  witnesses,  p.  146,  §  704. 

PENALTIES. 

Franchise  tax,  for  failure  to  pay,  p.  326,  §  3668b. 

PENSIONS. 

Police.     See  Police. 

Teachers,  deceased  annuitant,  collection  by  heirs  or  guardian  of  bal- 
ance due  from  teachers'  pension  fund,  p.  29,  §  14.55. 

PERCH.     See  Game  Laws. 

PERPETUITIES. 

Power  of  alienation,  how  long  may  be  suspended,  p.  53,  §  715. 

PERSONAL  INJURIES.     See  Negligence. 

PERSONAL  PROPERTY. 

Action  to  recover.     See  Claim  and  Delivery. 

Change  of  possession  not  necessary  on  transfer  of  exempt  property, 
p.  100,  §  3440. 

Lease  of.     See  Landlord  and  Tenant. 

Sale  of  stock  in  trade,  recording  notice  of,  p.  100,  §  3440. 

Sale  or  mortgage  under  order  of  court  or  by  officer,  change  of  pos- 
session not  necessary,  p.  100,  §  3440. 

Transfer  o:^  when  a  mortgage  and  when  a  pledge,  p.  56,  §  2924. 

Transfer  of  wines  in  wineries,  etc.,  without  change  of  possession,  how 
made,  p.  10,  §  3440. 

Transfer  of  without  change  of  possession  presumed  fraudulent,  ji.  lOO, 
§  3440. 

PESTHOUSE. 

Provision  prohibiting  keeping  of  in  city  repealed,  p.  105,  §  373. 

PESTS. 

Insects.     See  Insects. 

PETROLEUM.     See  Gas;   Oil. 


1502  INDEX. 

PHEASANTS.     See  Game  Laws. 

PHOTOGKAPH. 

Ein]iloyer  requiring  of  employee  to  pay  cost  of,  p.  987,  Act  2140e. 

PHRASES.     See  Words   and   Phrases. 

PHYSICIANS.     See  Medicine. 

"Witnesses,   physicians  or  surgeons  as,   p.   33,  §  1881.     See   Privileged 
Communications. 

PIGEON.     See  Game  Laws.^ 

PISMO  CLAMS.     See  Game  Laws. 

PLACER  COUNTY. 

Assessor,  field  deputy,  appointment  ^nd  salary,  p.  473,  §  4260,  subd.  7. 

Assessor,  salary  of,  p.  473,  §  4260,  subd.  7. 

Assessor  to  make  annual  verified  statement  of  receipts,  p.  473,  §  4260, 

subd.  17. 
Auditor,  deputy,  appointment  and  salary  of,  p.  473,  §  4260,  subd.  4. 
Auditor,  salary  of,  p.  473,  §  4260,  subd.  4. 
Constable    to    make    annual    verified    statement   of    receipts,    p.    473, 

§  4260,  subd.  17. 
Constables,  fees,  expenses  and  mileage,  p.  473,  §  4260,  subd.  14. 
Coroner,  fees  of,  p.  473,  §  4260,  subd.  9. 
Coroner  to  make  annual  verified  statement  of  receipts,  p.  473,  §  4260, 

subd.  17. 
County  clerk,  deputy,  appointment  and  salary,  p.  473,  §  4260,  subd.  1. 
County  clerk,  salary  and  allowances,  p.  473,  §  4260,  subd.  1. 
County  clerk,  to  make  annual  verified  statement  of  receipts,  p.  473, 

§  4260,  subd.  17. 
District    attorney,    deputy,    appointment   and   salary,   p.   473,  §  4260, 

subd.  8. 
District  attorney,  salary  of,  p.  473,  §  4260,  subd.  8. 
Jurors,  grand,  fees  and  mileage  of,  p.  473.  §  4260,  subd.  17. 
Jurors,  trial,  fees  and  mileage,  p.  473,  §  4260,  subd.  17. 
Justices,   classification   of   townships   for   purpose    of   fixing   salaries, 

p.  473,  §  4260,  subd.  13. 
Justices,  salaries  of,  p.  473,  §  4260,  subd.  13. 
Justices,   salaries   to   be   in    full    compensation    for   services,    p.   473, 

§  4260,  subd.  13. 
•Justices  to  make  annual  verified  statement  of  receipts,  p.  473,  §  4260, 

subd.  17. 
Probation  officer,  duties  and  salary  of,  p.  473,  §  4260,  subd.  16. 
Public  administrator,  fees  of,  p.  473,  §  4260,  subd.  10. 
Public  administrator  to  make  annual  verified  statement  of  receipts, 

p.  473,  §  4260,  subd.  17. 
Recorder,  copyists,  appointment  and  salaries,  p.  473,  §  4260,  subd.  3. 
Recorder,  fees,  what  proportion  to  pay  to  treasury  and  what  propor- 
tion may  retain,  p.  473,  §  4260,  subd.  3. 
Recorder,  salary  of,  p.  473,  §  4260,  subd.  3. 
Sheriff,  salary  of,  p.  473,  §  4260,  subd.  2. 
Superintendent   of  schools,   deputy,   appointment  and   salary,   p.   473, 

§  4260,  subd.  11. 
Superintendent  of  schools,  office  hours,  p.  473,  §  4260,  subd.  11. 
Superintendent   of   schools,    salary    and    expenses    of,   p.   473,  §  4260, 

subd.   11. 


INDEX. 


1503 


PLACER  COUNTY  (Continued). 

Supervisors,  compensation  and  mileage  as  road  commissioners,  p.  473, 

§  4260,  subd.  15. 
Supervisors,  salary  and  mileage  of,  p.  473,  §  4260,  subd.  15. 
Surveyor,  compensation  and  expenses,  p.  473,  §  4260,  subd.  12. 
Tax  collector,  salary  and  fees  of,  p.  473,  §  4260,  subd.  6. 
Treasurer,  salary  of,  p.  473,  §  4260,  subd.  5. 

PLANTS.     See  County  Horticultural  Commissioners;  State  Commissioner 
of  Horticulture. 

PLAYGROUNDS. 

Cities   authorized   to   acquire   and   to   establish    assessment   districts, 
p.  1173,  Act  2884. 

PLEA. 

Change    of    where    conditions    of    probation    fulfilled,   p.    151,  §  1203, 
subd.  e. 

PLEADING, 

Amendments.     See  Amendments. 
Answers.     See  Answers. 
Demurrers.     See  Demurrers. 
Practice.     See  Practice. 

PLEDGES. 

Stock,  pledge  of  as  collateral  security,  liability  for  corporate  debts, 

p.  43,  §  322. 
Transfer  of  personal  property,  when  a.mortgage  and  when  a  pledge, 

p.  56,  §  2924. 

PLOVER.     See  Game  Laws. 

PLUMAS  COUNTY. 

Assessor,  fees  and  commissions  by  to  be  paid  into  treasury,  p.  513, 

§  4280,  subd.  7. 
Assessor,  salary  of,  p.  513,  §  4280,  subd.  7. 

Assessor,  salary  to  be  in  full  compensation,  p.  513,  §  4280,  subd.  7. 
Auditor,  salary  of,  p.  513,  §  4280,  subd.  4. 
Constables,  fees  of,  p.  513,  §  4280,  subd.  14. 
Coroner,  fees  of,  p.  513,  §4280,  subd.  9. 
County    clerk,    deputy,    appointment    and    salary    of,    p.    513,  §  4280, 

subd.  1. 
County  clerk,  salary  of,  p.  513,  §  4280,  subd.  1. 
District  attorney,  salary  of,  p.  513,  §  4280,  subd.  8. 
Justices,   classification   of   townships   for   purpose   of  fixing  salaries, 

p.  513,  §  4280,  subd.  13. 
Justices,  fees  collected  by  to  be  paid  into  county  treasury,  p.  513, 

§  4280,  subd.  13. 
Justices,  fees  of,  p.  513,  §  4280,  subd.  13. 
Justices,    population   of   townships,   how   determined   for   purpose   of 

fixing  salaries,  p.  513,  §  4280,  subd.  13. 
Justices,  salaries  of,  and  how  paid,  p.  513,  §  4280,  subd.  13. 
Justices,  salaries  of  to  be  in  full  compensation,  p.  513,  §  4280,  subd.  13. 
License  collector,  percentage  on  licenses  collected,  p.  513,  §  4280,  subd. 

16. 
Public  administrator,  fees  of,  p.  513,  §  4280,  subd.  10. 
Recorder,  salary  of,  p.  513,  §  4280,  subd.  3. 
Sheriff,  salary  of,  p.  513,  §  4280,  subd.  2. 


1504  INDEX. 

PLUMAS  COUNTY   (foiitiniicd). 

Suj^erintendent    of    schools,    salary    and    expeuses    of,    p.    513,  §  4280, 

subd.  11. 
Supervisors,  compensation  and  mileage,  p.  513,  §  4280,  subd.  15. 
yupervisors,  mileage  as  road  commissioners,  p.  513,  §  4280,  subd.   15. 
Surveyor,  fees  of,  p.  513,  §  4280,  subd.  12. 
Tax  collector,  salary  of,  p.  513,  §  4280,  subd.  fi. 
Treasurer,  salary  of,  p.  513,  §  4280,  subd.  5. 

PLUMBING. 

Examination,  certification  and  registration  of  plumbers,  p.  1140,  Act 

2712a. 
State  board  of  health,  powers  and  duties  in  relation  to  examination, 

etc.,  of  plumbers,  p.  1140,  Act  2712a. 

POLICE. 

Amendment  of  act  creating  police  relief,  health,  life  insurance  and 

pension  fund,  p.  1142,  Act  2735. 
Senior  rights   of  members  of  paid   police   department,   p.   1143,   Act 

2736. 

POLICE  COURTS. 

Cities  of  first  and  one-half  class,  in,  p.  1143,  Act  2741a. 

POLL  TAXES. 

Repeal  of  provisions  relating  to,  pp.  345,  346,  §§  3839-3862. 

POOR.     See  Orphan  Asylums-  Paupers. 

POSSESSION. 

Change  of  not  necessary  on  transfer  of  exempt  property,  p.  100, 
§  3440. 

Sale  of  stock  in  trade  without  change  of,  recording  notice  of,  p.  100, 
§  3440. 

Sale  under  order  of  court  or  by  officer,  change  of  possession  not  neces- 
sary, p.  100,  §  3440. 

Transfer  of  personalty  without  change  of  possession  presumed  fraud- 
ulent when,  p.  100,  §  3440. 

Transfer  of  wines  in  wineries,  etc.,  without  change  of  possession,  how 
made,  p.  100,  §  3440. 

POST  ROADS. 

Assent  of  state  to  act  of  congress  providing  aid  to  state  in  construct- 
ing rural  post  roads,  p.  799,  Act  1467a. 

POWER  COMPANIES. 

l'"r;i  iiilii:-c  i;i.\  fur  state  [jurposes  on.  See  State  Board  of  Equaliza- 
limi. 

POWERS  OF   SALE. 

.Mortgages  or  trusts,  in,  how  exercised,  ]>.  .")(),  S  21124. 

PRACTICE.     See  Answer;  Demurrer;  Time. 
.ImlK'Hcnt.s,  relief  against,  p.  11,  §473. 
.lust ices'  courts,  in.     See  .Inst  ices'  Courts. _ 

PRESIDIO. 

Ac('e[)taiif.e  ))y  state  of  cession  of  poitioii  of  Presidio,  Sun  Francisco, 
p.  1358,  Act  4219. 


INDEX.  ]505 

PRAIRIE    CHICKENS.     See   Game   Laws. 

PREMIUM. 

Insurance.     See    Insurance   Companies. 

PRESENTMENT. 

Bill  of  exchange,  of.     See  Bills  of  Exchange. 
Payment,  for.     See   Negotiable   Instruments. 

PRESIDENTIAL  ELECTORS. 

Appropriation  to  pay  expenses  of,  p.  698,  Act   1010a. 

PRESUMPTION. 

Community  projicrty,  of  validity  of  lease,  mortgage  or  deed  of  by 
husband  alone,  p.  38,  §  172a. 

Consideration  of  negotiable  instrument,  of,  p.  65,  §  310.5. 

Conveyance  or  mortgage  by  wife,  presumption  in  favor  of  purchaser 
or  encumbrancer,  p.  37,  §  164. 

Conveyance  to  husband  and  wife,  presumption  on,  p.  37,  §  164. 

Date  of  issuing,  accepting  or  indorsing  negotiable  instrument,  pre- 
sumption as  to,  p.  61,  §  3092. 

Indorsement,  as  to  time  of,  p.  68,  §  3126. 

Indorsement,  place  of,  presumption  as  to,  p.  69,  §  3127. 

Married  woman,  presumption  on  conveyance  to,  p.  37,  §  164. 

Negotiable  instruments,  presumption  of  valid  delivery  in  favor  of, 
p.  62,  §  3097. 

PRIMARY  ELECTIONS.     See  Elections. 

PRINCETON-CODORA-GLENN  IRRIGATION  DISTRICT. 

Formation   of  validated,  ]>.   900,   Act    ]72.3n. 

PRINCIPAL  AND  AGENT.     See  Agency. 
PRINTER,  STATE.     See  State  Printer. 

PRISONERS. 

Assistance  to  paroled  and  discharged  prisoners,  p.  1139,  Act  2623. 
Judgment  to  direct  defendant  to  be  taken  to  warden  of  San  Quentin 

prison,  p.  149,.  §  1202a. 
Pardons.     See  Pardons. 
Transfer  of  prisoner  from  one  state  prison  to  another,  p.  149,  §  1202a. 

PRISONS.     See  San  Quentin  Prison. 

Articles  made  in  prisons  or  reformatories  to  be  labeled,  p.  984,  Act 

2103. 
Asexualization  of  convicts,  provision  for,  p.  558,  Act  248. 
Notice   that  articles  made  at   prisons   or  reformatories   are   for  sale, 

p.  984,  Act  2103. 
Transfer  of  prisoner  from  one  state  prison  to  another,  p.  149,  §  1202a. 

PRIVILEGED  COMMUNICATIONS. 

Attorney  as  witness,  p.  33,  §  1881. 

Attorney,  secretary,  clerk  or  stenographer  as,   p.  33,  §  1S81. 
Communications  between  what  persons  are,  p.  33,  §  1881. 
Grand  jury,  comments  in  reports  of  are  not  privileged,  p.  147,  §  928. 
Husbands  or  wives  as  witnesses  against  each  other,  p.  33,  §  1881. 
Husbands  or  wives,  communications  between,  p.  33,  §  1881. 
95 


1506  INDEX. 

PRIVILEGED  COMMUNICATIONS  (Continued). 

Husbands  or  wives,  competency  of  as  witnesses  in  criminal  proceed- 
ings, p.  33,  §  1881. 

Physician  or  surgeon,  action  for  personal  injuries  or  death  as  con- 
sent to  testifying,  p.  33,  §  1881. 

Physician  or  surgeon  as  witness,  p.  33,  §  1881. 

Physicians  or  surgeons,  consent  to  testifying  by  executor  of  patient, 
'  p.  33,  §  1881. 

Physician  or  surgeon,  consent  to  testifying  by  executor,  surviving 
spouse  or  children  of  patient,  p.  33,  §  1881. 

Physician  or  surgeon,  consent  to  testifying  by  guardian  of  children 
of  patient,  p.  33,  §  1881. 

Physician  or  surgeon,  consent  to  testifying  by  surviving  spouse  or 
children  of  patient,  p.  33,  §  1881. 

Priest  as  witness,  p.  33,  §  1881. 

Public  officer  as  witness,  p.  33,  §  1881. 

PROBATE   LAW.     See   Estates   of   Decedents;    Executors   and   Adminis- 
trators. 

PROBATION,     See  Parole. 

Adult  probation  board  in  Alameda  county.     See  Alameda  County. 
Adult  probation  board  in  San  Francisco.     See  San  Francisco. 
Bonds,  exoneration  of  after  requiring,  p.  149,  §  1203,  subd.  a. 
Bonds,  requirement  of  on  granting,  p.  149,  §  1203,  subd.  a. 
Breach   of   conditions  of  probation   to   be   reported  to   court,  p.   157, 

§  1203,  subd.  k. 
Conditions  and  terms  of  probation  to  be  furnished  defendant,  p.  157, 

§  1203,  subd.  k. 
Conditions  of,  imposition  of,  p.  149,  §   1203,  subd.  a. 
Discharge  of  defendant  at  end  of  probation,  p.  151,  §  1203,  subd.  d. 
Discharge  of  defendant  held   on,   authority   of   court  and"  procedure, 

p.  151,  §  1203,  subd.  d. 
Dismissal    of   accusation   or   information    where    terms    of   probation 

fulfilled,  p.  151,  §  1203,  subd.  e. 
Fine,  on  judgment  to  pay,  p.  149,  §  1203,  subd.  a. 
General  provision  as  to,  p.  149,  §  1203. 

Investigation  of  ease  and  report  by  probation  officer,  p.   149,  §  1203. 
•Juvenile  court   law.     See  Juvenile  Court  Law. 

Modification  of  probation,  authority  of  court,  p.  151,  §  1203,  subd.  d. 
Officers  and  deputies,  same  to  serve  as  under  juvenile  court  law  ex- 
cept in  certain  counties,  p.  151,  §  1203,  subd.  f. 
Officers  have  powers  of  peace  officers,  p.  157,  §  1203,  subd.  k. 
Plea,  charge  of  where  conditions  of  probation  fulfilled,  p.  151,  §  1203, 

subd.  e. 
Prisoner  may  be  admitted  to  when,  ]).  149,  §  1203. 

Prisoner  placed  in  charge  of  probation  officer,  p.  149,  §  1203,  subd.  a. 
Recommendation  as  to  probation  by  probation  officer,  p.  157,  §  1203, 

subd.  i. 
Records  as    to    defendant    released    on    proltation,    what    to    contain. 

p.  157,  §  120.3,  sulxl.  i. 
Records  of   probation   officer  part    of   records  of   case,  p.   157,  §1203, 

subd.  i. 
Records  of  probation  officer,  right  to   inspect,  p.   157,  §  1203,  subd.  i. 
Report  oti  ilcfciKlaiit's  antecedents  by  proi);itiou  officer,  p.  157,  §  1203, 

subd.  i. 


INDEX.  1507 

PROBATION  (Continued). 

Reports  of  probation  officer,  how  prepared  and  what  to  show,  p.  157, 

§  12()H,  sul)d.  j. 
Keport.s  of  probation   officers,  when  to  be  filed,  p.  157,  §  12U8,  subd.  j. 
Eeports  of  probation  officer,   with   whom   to   be   filed,   p.    157,  §  12U3, 

subd.  j. 
Revocation  of  probation,  authority  as  to,  pp.  15U,  151,  §  12(K\,  subds.  c 

and  d. 
Revocation  of  probation,  grounds  for,  p.  150,  §  1203,  subd.  c. 
Revocation  of  probation,  pronouncing  judgment  after,  p.  150,  §  1203, 

subd.  c. 
Revocation    of    probation,    rearrest    of    defendant,    p.    150,   §    1203, 

subd.  c. 
Suspension  of  sentence,  duration  of,  p.  1-19,  §  1203,  subds.  a,  b. 
Suspension  of  sentence,  when  authorized,  p.  149,  §'1203,  subd.  a. 
Transfer  of  case  to  another  court  and  power  of  court,  j).  156,  §  1203, 

subd.  h. 
Verdict  of  guilty,  setting  aside  where   conditions   of  probation   ful- 
filled, p.  151,  §  1203,  subd.  e. 
When  prisoner  may  be  admitted  to,  p.  149,  §  1203. 

PROBATION  OFFICERS.     See  Probation. 

PROCESS.     See  Summons. 

Military  courts,  issuance  of  process  by,  p.  248,  §  2024. 
Saturday  afternoon,  issuance,  filing  service  or  execution  of  process 
on,  p.  161,  §  10. 

PRODUCTION  OF  DOCUMENTS. 

Military   courts   may   compel,   p.   247,  §  2023. 

PROMISSORY  NOTES.     See  Negotiable   Instruments. 
Alteration   of.     See   Negotiable   Instruments. 
Bill  of  exchange  may  be  treated  as  when,  p.  86,  §  3211. 
Defined,  p.  97,  §  3265. 
Delivery,  meaning  of,  p.  98,  §  3266. 
Dishonor  of.     See  Negotiable  Instruments. 
Drawees.     See   Negotiable   Instruments. 
Drawn  to  maker's  own  order,  not  complete  until  indorsement,  p.  97, 

§  3265. 
Holder,   meaning   of,   p.   98,  §  3266. 
Holders  of,  rights  of.     See  Negotiable  Instruments. 
Indorsement,  meaning  of  p.  98,  §  3266. 
Indorsement   of.     See   Negotiable  Instruments. 
Instrument,  meaning  of,  p.   98,  §  3266. 
Issue,  meaning  of,  p.  98,  §  3266. 
Makers.     See   Negotiable   Instruments. 
Negotiation  of.     See  Negotiable  Instruments. 
"Note,"    meaning    of,    p.    98,  §  3266. 
Value,  meaning  of,  p.  9S,  §  3266. 

PROTECTION  DISTRICTS.     See  Levee  Districts;  Reclamation  Districts; 
Storm   Water  Districts. 
Act  of   1909   for  formation,  organization  and  government  of  storm- 
water  districts,  amendments  of,  p.  1146,  Act  2806. 
Refund  of  unused  assessments,  p.  1145,  Act  2804. 

PROTEST.     See   Negotiable   Instruments. 

Bill   of   exchange,  for  nonpayment   of.     See  Bills   of  Exchange. 
Bills  of  exchange,  of.     See  Bills  of  Exchange. 


1508  INDEX. 

PUBLIC  ADMINISTRATOR.  Attorney  general  may  direct  commence- 
ment of  administration  where  none  commenced  within  six 
months,  p.  24,  §  1269. 

PUBLIC  HEALTH.     See  Cemeteries. 

Contagious   diseases   enumerated,  p.   278,  §  2979a. 

Contagious   diseases,    taking   measures   to   arrest   spread    of,   p.    278, 
§  2979a. 

Coroner,  duty  to  report  contagious  diseases,  p.  278,  §  2979a. 

Dairy   products,   prevention    of    manufacture   and   sale    of   from   un- 
healthy animals,  p.  617,  Act  473. 

Drinking  cups  for  common  use,  use  of  forbidden,  p.  1164,  Act  2844e 

Extermination    of    rodents,    insects,    vermin,    etc.,    provision    as    to^ 
p.  1155,  Act  2836a. 

Health  officer,  appointment  of  in  lieu  of  board,  repeal  of  provision 
relating   to,   p.   279,  §  3062. 

Health    officer,    compensation    and    expenses,    p.    279,  §  3061;    p.    28l , 
§  3064. 

Health  officer,  duties  of  enumerated,  p.  278,  §  2984;   p.  279,  §  3061. 

Health    officer,    proceedings    on    refusal    of    supervisors    to    appoint 
p.  280,  §  3064. 

Health  officer,  supervisors  to  appoint,  p.  279,  §  3061. 

Health  officer,  term  of  office,  p.  279,  §  3061. 

Health  officer,  vital  statistics,  duties  as  to,  p.  278,  §  2984. 

House  boats,  provision  as  to  anchoring  in  streams  used  for  domestic 
purposes,  p.   1151,   Act   2830. 

Local  health  districts,  boundaries  of,  changing,  p.  1157,  Act  2840c. 

Local   health   districts,   formation,   government,   organization,   opera- 
tion  and   dissolution   of,  p.   1157,  Act  2840c. 

Local  health  districts,  officers,  deputies  and  assistants,  appointment 
and  compensation,  p.  1157,  Act  2840c. 

Local  health   districts,  officers,  qualifications,   powers  and  duties  of, 
p.  1157,  Act  2840c. 

Local    health    districts,    taxes,    levy,    collection    and    disbursement, 
p.    1157,    Act   2840c. 

Nurses  to  report  contagious  diseases  to,  p.  278,  §  2979a. 

Occupational    diseases,    repeal    of    act    providing    for    reporting    of, 
p.  1151,  Act  2827. 

Pest  house  or  hospital  for  contagious   or  infectious  diseases,  provi- 
sion  prohibiting   keeping   of   repealed,   p.    105,  §  373. 

Physician  to  report  contagious  diseases,  p.  278,  §  2979a. 

Plumbing.     See  Plumbing. 

Rules    and    regulations    in    sanitary    matters,    supervisors    to    adopt, 
p.    279,  §  3061. 

Sanitation,   healthfulness   and   cleanliness   of   bathhouses   and   swim- 
ming resorts,  p.  1386,  Act  4349e.     See  State  Board  of  Health. 

Sewage,  discharge  of  into  stream,  act  relating  to,  p.  1151,  Act  2830. 

State  board   of.     See   State  Board  of  Health. 

State  board   of   liealth,   duties   of   in   relation    to   food   kept   in   cold 
storage,  p.  626,  Act  624. 

Syphilis  and  gonocoeeus,  how  reported,  p.  278,  §  2979a. 

Towels,  keeping  of  for  coTnmon  use  in  public  places  forbidden,  p.  1165, 
Act   2844f. 

Water  dangerous  to  health,  pre\ention  of  use  of,  p.  1380,  Act  4348b, 

Wiping  rags  not  to  be  cleaned  in  laundry,  p.   1157,   Act  2840b. 

PUBLIC  INSTRUCTION.      Sec  Sdiools. 


INDEX. 


1509 


PUBLIC  LANDS.     See  State  Land  Settlement  Board. 

Forfeiture    of   lands,   sold   by   state   for   nonpayment    of   interest   or 

principal,   act   relating   to.   p.   1168,   Act   2875f. 
Irrigation  district,  state  lands  within  subject  to  assessment,  p.  1202, 

Act  2984. 
Leasing  of  state  lands,  provision  for,  p.   1166,  Act  2874a. 
Reselection    of    lands    by    state    when    selection    rejected,    p.    1165, 

Act  2845a. 
Reselection   of   lands  where   selection   rejected,   maxinuini   fee   to   be 

charged  for  services,  p.   1165,  Act  2845a. 
Sale   of,    forfeiture,    duty    of    register    of    state   land    office    and    of 

recorders,    p.    305,  §  3513. 
Sale    of,   forfeiture,   land   again   subject   to    entry   and   sale,   p.   305, 

§3513. 
Sale  of,  forfeiture,  record  of  as  notice,  p.  305,  §  3513. 
Sale  of,  interest,  failure  to  make  payments,  penalties  and  forfeitures, 

p.   305,  §  3513. 
Sale  of,  payments,  failure  to  make,  penalties  and  forfeitures,  p.  305, 

§3513. 
Sale,   payments,   time    and   manner   of   making,   p.   305,  §  3513. 
School   lands,   relief   of   purchaser   who   has   failed   to   pay   interest, 

p.   1256,  Act   3834a. 
State    board    of    control    authorized    to   retransfer    certain    lands    to 

original   owners,   p.   1173,   Act   2S75b. 
State  land  patents,  effect  of  in  certain  cases,  p.  1173,  Act  2875g. 
Swamp   and  overflowed  lands.     See   Swamp  and  Overflowed  Lands. 

PUBLIC  LIBRARIES.     See  Free  Libraries. 

Distribution  of  laws,  resolutions  and  journals  of  legislature  to, 
p.    162,  §410. 

PUBLIC  NUISANCES.     See  Nuisances. 

PUBLIC  OFFICERS.     See  Officers. 

PUBLIC  PARKS.     See   Parks. 

PUBLIC  SCHOOLS.     See   Schools. 

PUBLIC  SECURITIES.     See  Bonds. 

PUBLIC  UTILITIES. 

Franchise  rights  of  street,  suburban  or  interurban  railroads,  provi- 
sion for  resettlement  of,  p.  719,  Act  1235.  _ 

Railroad  commission,  amendments  of  act  organizing  and  defining 
rights,  powers  and  duties,  p.  1175,  Act  2886. 

Safety  of  employees  of,  jurisdiction  of  industrial  accident  commis- 
sion and  railroad  commission  over,  p.  1035,  Act  2143e. 

Service  letters,  to  furnish  employees  leaving  service  with,  p.  986, 
Act   2139b. 

Stock  without  a  nominal  or  par  value,  issuance  of  by,  p.  629,  Act 
755a. 

PUNISHMENT. 

Particular   offense,   of.     See  Burglary. 

Probationary  treatment.     See  Probationary  Treatment. 

Sentence.     See  Sentence. 

PUPILS.     See  Schools. 


1510  INDEX. 


QUAIL.     See  Game  Laws. 

QUARANTINE. 

Hortieultuial.     See    State    Commissiouer   of    Horticulture. 

QUARTERMASTER  CORPS.     See  National  Guard. 

QUIETING  TITLE'. 

Burut  or  destroyed  records  or  documents,  in  ease  of,  p.  616,  Act  4.36. 
State,  actions  against   to   quiet  title  authorized,  p.  12.S9,  Act  3796a. 

QUO  WARRANTO. 

Not  to  be  maintained  atrainst  reclamation  district  after  five  years, 
p.  282,  §  Uri?,. 

R 

RABBIT.     See   Game  Laws. 
Jack.    ■  See    Game    Laws. 

RAGS. 

Wiping,  not   to  be  cleaned  in  laundry,  p.   11.57,  Act  2840b. 

RAIL.     See   Game   Laws. 

RAILROAD   COMMISSION. 

Amendments    of    act    organizing    and    defining    rights,    powers    and 

duties,  p.  117.5,  Act  2886. 
Jurisdiction  of  over  safety  of  emplovees  of  public  utilities,  p.  1035. 

Act   2143e. 

RAILROADS. 

K<|uipment  of  steam  locomotives  with  automatic  bell-ringing  devices, 
p.  1198,  Act  2936e. 

Franchises  of  street,  suburban  or  interurban  railroads,  provision 
for  resettlement  of,  p.  719,  Act  1235. 

Franchise  tax  for  state  purposes  on.  See  State  Board  of  Equaliza- 
tion. 

Taxes,  reimbursement  of  counties  for  loss  of  on  se])aration  of  state 
and  county  taxes,  p.  339,  §  3671. 

RATS.     See    Game    Laws. 

Kxtennination  of,  provision  as  to,  p.   1155,  Act  2836a. 

REAL  ESTATE-. 

Agoits,  Itrokers,  or  salesmen,  definition  of,  p.  539,  Act  60. 

ijand   colonization  and  rural   credits,  repeal  of  act  of   1915  relating 

to,   p.  .545,  Act  78d. 
Land  colonization  act  of    191 7.     See   State  Land   Settlement  Board. 
Land    titles,    regulation    of    and    powers    of    survevor-general    as    to, 

p.  1283,  Act  398S. 
Malicious  injuries  to  freeludd,  wiiat  are  misdemeanors,  p.  110,  §602. 
Regulation,    su])ervision    and    licensing    of    real    estate    agents    and 

hrokci's,   p.   539,   Act   60. 
Title   lo.     Sec  Title. 

RECEIVER. 

Sale  or  iiioitgage  ]\\,  cliangt!  of  possession  not  iiecessarN',  p.  100, 
§  '■'•iH). 


INDEX.  1511 

RECEIVER  (Continued). 

Unclaimed    funds    deposited    with    state    treasurer,    payment    of    by 

treasurer,  p.   15,  §  570. 
Unclaimeil   funds,   disposition   of,   p.    15.  §  570. 
Unelaimed  funds,  report  of  to  court,  p.  15,  §  570. 

RECLAMATION    DISTRICTS.     See    Levee    Districts;     Protection    Dis- 
tricts. 
Accounts,   repeal   of   provision   for  keeping   and   right    of   inspection 

of,    p.   296,  §  3468. 
Approval  of  petition  for  formation  of,  p.  2S1,  §  3449. 
Assessment     commissioners,     number,     appointment,     qualifications, 

powers  and   duties,  p.  -288,  §  3456. 
Assessments,   action   to   correct,   modify   or   annul,   p.   293,  §  3462. 
Assessments,  additional,  where  original   insufficient,  p.  292,  §  3459. 
Assessments,  collection  of,  proceedings  for,  p.  295,  §  3466. 
Assessments,   delinquent,   become   when,   p.   295,  §  3466. 
Assessments,  delinquent,  proceedings  for  collection  of,  p.  295,  §  3466. 
Assessments  for  construction  of  works,  provision  relating  to,  p.  288, 

§  3456. 
Assessments  for  maintenance  of  works,  provision  relating  to,  p.  288, 

§  3456. 
Assessments,  interest  on  after  thirty  days,  p.  295,  §  3466. 
Assessments,  lien,   become,   p.    294,  §  3463. 
Assessments,  lien   of,   subsequent   conduct   of   trustees   not   to   affect, 

p.  294,  §  3463. 
Assessments,    lists    of    changes,    preparation    and    filing    of,    p.    293, 

§§  3460,  3462. 
Assessments,    mistakes,    errors    or    omissions    from,    correction    of, 

p.    293,  §  3460. 
Assessments,  objections   to   and   hearing  on,  p.   293,  §  3462. 
Assessments,  payment  of,  p.  295,  §  3465. 
Assessments,    reapportionment    of    on    subdivision    of    land,    p.    293, 

§3460. 
Authorized    to    contract    with    United    States    Reclamation    Service 

for  reclamation  of  lands,  p.  951,  Act  1732j. 
Bonds,  issuance  of  by,  provision  relating  to,  p.  297,  §  3480. 
By-laws  for  government  of,  p.  281,  §  3452. 

District  No.  108,  defining  exterior  boundaries  of,  p.  119S,  Act  2956d. 
District  No.   108,  jurisdiction  of  supervisors  of  Colusa  county  over, 

p.    1198,    Act    2956. 
District  No.  108,  liquidation  of  affairs  of,  p.  1198,  Act  2956d. 
District  No.  108,  management  and  control  of,  p.   1198,  Act  2956d. 
District    No.    108,    moneys    of    paid    to    countv    treasurer    of    Colusa 

county,  p.  1198,  Act  2956d. 
District  No.  108,  subject  to  provisions  of  Political  Code  and  of  other 

laws.  p.  1198,  Act  2956d. 
District  No.  108,  trustees  of,  p.   1198,   Act  2956d. 
District  No.  1001,  amendment  of  act  relating  to,  p.  1199,  Act  2966e. 
District  No.  1500,  amendment  of  act  relating  to,  p.  1201,  Act  2981b. 
District   No.    2020,    creation,    control    and    management    of,    p.    1200, 

Act   2966m. 
Drainage.     See  Drainage. 

Formation  of,  property  owners  may  petition  for,  p.  281,  §  3446. 
Hearing,  continuances  of,  p.   281,  §  3449. 
Hearing  of  petition  for  formation  of,  p.  281,  §  3449. 


1512  INDEX. 

RECLAMATION  DISTRICTS    (Coutinued). 

Lands    improperly    included    to    be    excluded    from    district,    p.    281, 
§  3449. 

Lands   omitted   that   should   have   been   included,   proceedings   to   in- 
clude, p.  281,  §  3449. 

Notice  of  time  when  petition  presented  to  supervisors,  p.  281,  §  3449. 

Notice  to  nonappearing  land  owners  to  appear,  p.  281,  §  3449. 

Order  approving  petition,  p.  281,  §  3449. 

Petition   for   formation   of,    verification    and   publication    of,   p.    281, 
§  3447. 

Petition  for  formation  of,  what  to  set  forth,  p.  281,  §  3446. 

Plans  and  estimates  of  work,  provision  relating  to,  p.  286,  §  3455. 

Proceedings  to  determine  legality  of  district,  p.  282,  §  3453;  p.  285, 
§  3454,  subd.  11. 

Protection  districts.     See  Protection  Districts. 

Quo   warranto   proceedings  not  to   be   maintained   against   after   five 
years,  p.  282,  §  3453. 

Revolving  fund  for,  p.  283,  §  3454,  subd.  5. 

State   lands   in,   failure   of   purchaser   to   make   pavments,    effect   of, 
p.  305,  §  3513. 

Storm  water  districts.     See   Storm   Water  Districts. 

Trustees,  compelled  to  perform   duties  by  mandamus,   p.   294,  §  3463. 

Trustees,  compensation  of,  p.  286,  §  3454,  subd.  b. 

Trustees,  disqualification   of,   p.   286,  §  3454,  subd.  b. 

Trustees,  meetings  of,  p.  286,  §  3454,  subd.  c. 

Trustees,  number,   election   and   organization   of,   p.   282,  §  3453. 

Trustees,  organization  of,   p.  282,  §3453;   p.   283,  §  3454. 

Trustees,  powers  of  enumerated,  p.  282,  §  3453;  p.  283,  §  3454. 

Trustees,  secretary  of,  election  and   duties,  p.  283,  §  3454,  subd.  3. 

Warrants,  provision  relating  to,  p.   290,  §  3457. 

W^ork,  repeal   of  provision  that  it  is  to  be  done  under  direction   of 
trustees,  p.  296,  §  3467. 

RECORDER. 

Notations  bv  on  certificates  of  sale  and  tax  deeds  on  sale  of  prop- 
erty sold  to  state,  p.  346,  §  3898. 

RECORDS.     See  Burnt  or  Destroyed  Records  or  Documents. 
Corporate.     See  Corporations. 

REDEMPTION. 

Taxation,    redemption   from.     See  Taxation. 

REDWOOD   PARK.     See    California  "Redwood   Park. 

REFERENDUM. 

Act   docs  not   apply  to  charter  cities  with  provision  for  referendum, 

J).  842,  Act  1624. 
Act  does  not  apply  to  street  proceedings,  p.  842,  Act  1624. 

REFORMATORIES.     See   California   School   for   Girls;    California   State 

Keformatory. 
Articles  made  in    prisons  or   reformatories  to  be"  labeled,  p    984    Act 

2103.  ^  ' 

Notice   that  articles   made   at    prisons  or  reformatories   arc   for  sale 

p.  984,  Act  2103.  ' 

VVhittier  Slate  School.     See   Whittior  State  School. 


INDEX.  1513 

REFRIGERATOR  COMPANIES. 

Franchise  tax  for  state  purposes  on.  See  State  Board  of  Equaliza- 
tion. 

REGISTRATION.     See  Elections. 

Births,   marriages   and   deaths.     See    Vital   Statistics. 

RELIGIOUS,  SOCIAL  AND  BENEVOLENT  CORPORATIONS. 

Articles   of  incorporation,   rules   governing,   p.   .51,  §  594. 
Articles  of  incorporation,  what  to  contain,  p.  51,  §  594. 
Articles  of  incorporation,  statements  in,  p.  51,  §  594. 
Authorized  to  incorporate,  p.  51,  §  594. 
By-laws,  adoption  and  amendment  of,  p.  52,  §  604a. 
Capital  stock,  to  be  incorporated  without,  p.  51,  §  594. 
Certificate  of  incorporation,  attestation  of,  p.  52,  §  604a. 
Directors,  election  of,  p.  52,  §  604a. 
Incorporation  of  authorized,  p.  52,  §  604a. 
Incorporation  of,  authorization  of  members,  p.  51,  §  594. 
Incorporation  of,  manner  of,  p.  52,  §  604a. 
Incorporation  of,  manner  of,  p.  51,  §  594. 
Incorporation  of,  place  of  business,  p.  51,  §  594. 
Powers  and  duties  of,  p.  52,  §  604a. 
Profit,  cannot  be  incorporated  for,  p.  51,  §  594. 
Purposes  for  which  may  be  incorporated,  p.  52,  §  604a. 
Records  of,  what  to  be  kept,  p.  46,  §  378. 

REPLEVIN.     See   Claim   and   Delivery. 

REPORTS. 

Distribution  by  secretary  of  state  of  reports  of  decisions  of  supreme 
court  and  district  courts  of  appeal  by,  p.  162,  §  410. 

State  board  of  equalization,  to  by  companies  subject  to  franchise 
tax,  p.  323,  §  3667b. 

RESIDENCE. 

Husband,  residence  of  as  residence  of  wife,  p.   190,  §  1239. 
Rules  for  determining  place  of,  p.   190,  §  1239. 

RESIGNATIONS. 

Officers,  of.     See  Offices  and  Officers. 

REVENUE.     See   Taxation. 
Licenses.     See  Licenses. 

RIVERS.     See  Waters. 

Particular  river.     Sec  particular  title. 

RIVERSIDE   COUNTY. 

Additional  help  in  case  work  of  office  not  down  to  date,  p.  401,  §  4242, 
subd.  19. 

Additional  help  on  formation  of  drainage,  road  or  other  special  dis- 
tricts, p.  401,  §  4242,  subd.  20. 

Assessor,  deputies  and  assistants,  number,  appointment  and  salaries, 
p.  401,  §  4242,  subd.  7. 

Assessor,  fees  and  commissions  to  be  paid  into  treasury,  p.  401, 
§  4242,  subd.  7. 

Assessor,  salary  of,  p.  401,  §  4242,  subd.  7. 

Auditor,  deputies,  number,  appointment  and  conifjonsation,  p.  401, 
§  4242,  subd.  4. 


1514  INDEX. 

RIVERSIDE  COUNTY  (Continued). 

Auditor,  salary  of,  p.  4Ul,  §  4242,  subd.  4. 

Auditor,   statement   of   e'xpenses   for   extra   assistants,   p.   401,  §  4242, 

subd.  4. 
Constables,  salaries,  fees,  allowances,  mileage  and  expenses,  p.   401, 

§  4242,  subd.  14. 
Constables,  township  officers,  are,  p.  401,  §  4242,  subd.  13. 
Coroner,  fees  of,  p.  401,  §  4242,  subd.  8. 
Countv    clerk,    deputies,   number,   appointment   and   salaries,    p.    401, 

§  4242,  subd.  1. 
County  clerk,  fees  and  commissions  to  be  paid  into  treasury,  p.  401, 

§  4242,  subd.  1. 
County  clerk,  salary  and  allowances  of,  p.  401,  §  4242,  subd.  1. 
District  attorney,  deputy  and  stenograDher,  appointment  and  salary, 

p.   401,  §  4242,  subd.   10. 
District  attorney,  salary  and  expenses,  p.  401,  §  4242,  subd.  10. 
Justices,   clerk   for,   appointment,   powers,   duties   and   compensation, 

p.  401,  §  4242,  subd.  14. 
Justices,  fees  and  fines,  payment  into  treasury  and  report  of,  p.  401, 

§  4242,  subd.  14. 
Justices,  rooms,  furniture,  stationery  and  supplies  for,  p.  401,  §  4242, 

subd.  14. 
Justices,  salaries  of,  p.  401,  §  4242,  subd.   14. 
Justices,  township  officers,  are,  p.  401,  §  4242,  subd.  13. 
Population  of  counties  to   determine   compensation,  fixing  by  super- 
visors, p.  401,  §  4242,  subd.  16. 
Probation   officer   and   assistants   and   salaries   of,   pp.   955,   956,   Act 

1770a,  §§  19i;  19k. 
Purchasing    agent,    appointment,    compensation    and    duties,    p.    401, 

§  4242,  subd.  18. 
Public  administrator,  fees  of,  p.  401,  §  4242,  subd.  9. 
Recorder,  deputy  and  assistants,  appointment,  number  and  compensa- 
tion, p.  401,  §  4242,  subd.  3. 
Recorder,   fees   and    commissions   to    be    paid    into    treasury,   p.   401, 

§  4242,  subd.  3. 
Recorder,  salary,  p.  401,  §  4242,  subd.  3. 
Sheriff,  fees  and  commissions  received  by  to  be  turned  into  treasury, 

p.  401.  §  4242,  subd.  2. 
Sheriff,  salary,  commissions,  fees  and  mileage,  p.  401,  §  4242,  subd.  2. 
Slieriff,   under-slieriff  and   deputy,  appointment   and   salaries,   p.  401, 

§  4242,  subd.  2. 
Superintendent   of  schools,   deputy,   appointment   and  salary,   p.  401, 

§4242,  subd.  11. 
Superintendent  of  schools,  office  hours,  p.  401,  §  4242,  subd.  11. 
Superintendent  of  schools,  salary  and  expenses,  p.  40],  §4242,  subd. 

11. 
Supervisors,  appointment  of  purcliasing  agent  from  among,  and  duties 

and  compensation  of,  p.  401,  §  4242,  subd.  18. 
Supervisors,  salary,  mileage  and  expenses  of,  p.  401,  §  4242,  subd.  17. 
Surveyor,   costs   of  assessor's   maps   a   county   charge,   p.   401,  §  4242, 

Bubd.  12. 
Surveyor,  deputies  and  field  a.ssistants,  appdintment  and  salaries  of, 

p.  401,  §  4242,  subd.  12. 
Surveyor,  expenses  for  fielil  nssisfaiits  a  county  charge,  p.  401,  §  4242, 

subd.  12. 
Surveyor,  salary  of,  p.  401,  §  4242,  subd.  12. 


INDEX.  1515 

RIVERSIDE  COUNTY  (Continued). 

Tax  collector,  deputies  and  assistants,  number,  appointment  and  sal- 
aries, p.  401,  §  4242,  subd.  6. 

Tax  collector,  salary  of,  p.  401,  §  4242,  subd.  6. 

Township  officers  in,  wliat  officers  are,  p.  401,  §  4242,  subd.  13. 

Treasurer,  deputy,  appointment  and  salary  of,  p.  401,  §  4242,  subd.  5. 

Treasurer,  fees  and  commissions  to  be  paid  into  treasury,  p.  401, 
§  4242,  subd.  5. 

Treasurer,  salary  of,  p.  401,  §  4242,  subd.  5. 

ROADS.     See  Highways. 

ROBINS.     See    Game  Laws. 

RODENTS.     Extermination  of,  provision  as  to,  p.  1155,  Act  2836a. 

RURAL  CREDITS. 

Ecpeal  of  act  of  1915  relating  to,  p.  545,  Act  78d. 

RURAL  POST  ROADS. 

Assent  of  state  to  act  of  congress  providing  aid  to  state  in  construc- 
tion of,  p.  799,  Act  1467a. 

s 

SACRAMENTO  RIVER. 

Improving  navigability  of  and  acquiring  land  for,  p.  1246,  Act  3818b. 
Navigation  of,  improvement  of  and  appropriation  for,  p.   1248,  Act 

38]Se. 
Rectifying  and  improving  channel  of,  p.  1246,  Act  381Sb. 

SACRAMENTO  RIVER   WEST   SIDE  LEVEE   DISTRICT. 

Amendment  of  act  creating,  p.  975,  Act  1923. 

SAGE  HEN.     See  Game  Laws. 

SAILORS.     See   Soldiers   and   Sailors. 

Burial  of  ex-Union  sailors  and  marines  dying  without  means,  p.  1238, 

Act  3693. 
Care  of  graves  of  sailors  and  marines,  p.  1239,  Act  3693a. 
License  tax,  exemption  of  honorably  discharged  sailors  from,  p.  280, 

§  3366. 

SAINT  IGNATIUS  UNIVERSITY. 

Repeal  of  section  admitting  graduates  to  practice  on  diploma  from, 
p.  9,  §  280b. 

SALARIES. 

Justices  of  the  peace,  of,  p.  2,  §  103. 
Particular  otficer,  of.     See  particular  title. 

SALES. 

Adulterated   or   mislabeled   foods   or   liquors,   prevention   of   sale   of, 

p.  531,  Act  29. 
Articles  made  in  prisons  or  reformatories  to  be  labeled,  p.  984,  Act 

2103. 
Change  of  possession  not  necessary  on  sale  under  order  of  court  or 

by  officer,  p.  100,  §  3440. 


1516  INDEX. 

SALES  (Continued). 

Change  of  possession  not  necessary  on  transfer  of  exempt  property, 
p.  100,  §  3440. 

Contract  of  sale,  concealment,  removal  or  disposal  of  by  person  hold- 
ing under  an  embezzlement,  p.  106,  §  504a. 

Eggs,  regulation  of  sale  of  where  in  transit  more  than  thirty-one 
days,  p.  661,  Act  991a. 

Explosives,  of,  regulation  of,  p.  703,  Act  1092. 

False  representations  as  to  dealer,  manufacturer  or  producer,  punish- 
ment for,  p.  104,  §  351a. 

Net  container  bill,  amendment  of,  p.  1135,  Act  2453. 

Notice  that  articles  made  at  prisons  or  reformatories  are  for  sale, 
p.  984,  Act  2103. 

One  may  sell  goods  of  another  under  his  own  name  with  consent  of 
other,  p.  104,  §  351a. 

Stock  in  trade,  sale  of,  recording  notice  of,  p.  100,  §  3440. 

Transfer  of  personalty  without  change  of  possession  presumed  fraud- 
ulent, p.  100,  §  3440. 

Transfer  of  wines  in  wineries,  etc.,  without  change  of  possession,  how 
made,  p.  100,  §  3440. 

SAN  ANTONIO  CANYON, 

San  Gabriel  mountains,  prevention  of  forest  fires  in,  p.  708,  Act  1172. 

SAN  BENITO  COUNTY. 

Assessor,  commissions  paid  into  treasury  for  benefit  of  salary  fund, 

p.  499,  §  4272,  subd.  7. 
Assessor,  deputies,  number,  appointment  and  salaries,  p.  499,  §  4272, 

subd.  7. 
Assessor,  salary  of,  p.  499,  §  4272,  subd.  7. 
Auditor,  salary  of,  p.  499,  §  4272,  subd.  4. 

Board  of  education,  salaries  and  mileage,  p.  499,  §  4272,  subd.  16. 
Board  of  education,  secretary,  salary  and  expenses  of,  p.  499,  §  4272, 

subd.  16. 
Constables,  population,  how  ascertained  for  purpose  of  fixing  salaries 

of,  p.  499,  §  4272,  subd.  17. 
Constables,  salaries,  fees  and  expenses  of,  p.  499,  §  4272,  subd.  14. 
Coroner,  fees  of,  p.  499,  §  4272,  subd.  9. 
County    clerk,    deputy,    appointment    and    salary    of,    p.    499,  §  4272, 

subd.  1. 
County  clerk,  salary  and  fees  of,  p.  499,  §  4272,  subd.  1. 
District  attorney,  salary  of,  p.  499,  §  4272,  subd.  8. 
.Tustices,  population,  how  ascertained  for  purpose  of  fixing  salaries, 

]K  499,  §4272,  subd.  17. 
Justices,  salaries  and  fees  of,  p.  499,  §  4272,  subd.  13. 
Probation  officer  and  salary  of,  p.  956,  §  19nn,  Act  1770a. 
Public  administrator,  fees  of,  p.  499,  §  4272,  subd.  10. 
Recorder,  copyists,  appointment  and  salary  of,  p.  499,  §  4272,  subd.  3. 
Recorder,  salary  of,  p.  499,  §  4272,  subd.  3. 

Sheriff,  salary,  fees,  commissions  and  mileage,  p.  499,  §  4272,  subd.  2. 
Superintendent    of    schools,    salary    and    expenses    of,   p.    499,  §  4272, 

subd.  n. 
Supervisors,  salary,  expenses  and  mileage,  p.  499,  §  4272,  subd.  15. 
Surveyor,  fees  of,  p.  499,  §  4272,  subd.  12. 
Tax  collector,  salary  of,  p.  499,  §  4272,  subd.  6. 
Treasurer,  snlnry  of,  p.  499,  §  4272,  subd.  5. 


INDEX.  1517 

SAN  BERNARDINO  COUNTY. 

Assessor,  deputy,  appointment  and  salary,  p.  375,  §  4237,  subd.  7. 
Assessor,    salary,    fees,    allowances    and   percentages,    p.    375,  §  4237, 

subd.  7. 
Auditor,  deputy  and  clerks,  appointment,  number  and  salaries,  p.  375, 

§  4237,  subd.  4. 
Auditor,    fees    of   to   be    paid   into    county    treasury,    p.    375,  §  4237, 

subd.  4. 
Auditor,  salary  and  fees  of,  p.  375,  §  4237,  subd.  4. 
Board   of   education,    claims    of,   how    presented,    audited    and    paid, 

p.  375,  §  4237,  subd.  12. 
Board  of  education,  compensation  and  mileage,  p.  375,  §  4237,  subd.  12. 
Board  of  education,  secretary  of,  salary  of,  p.  375,  §  4237,  subd.  12. 
Boundary  between  and  Kern,  establishment  of,  p.  646,  Act  826b. 
Constables,  salaries  and  fees  of,  p.  375,  §  4237,  subd.  15. 
Coroner,  fees  of,  p.  375,  §  4237,  subd.  9. 
County    clerk,    deputies,    appointment    and    salaries,    p.    375,  §  4237, 

subd.  1. 
County  clerk,  salary,  fees  and  allowances,  p.  375,  §  4237,  subd.  1. 
District  attorney,  deputies,  appointment,  number,  qualifications  and 

salaries,  p.  375,  §  4237,  subd.  8. 
District  attorney,  salary  of,  p.  375,  §  4237,  subd.  8. 
Jurors,  grand,  compensation  and  mileage,  p.  375,  §  4237,  subd.  17. 
Jurors,  trial,  compensation  and  mileage  of,  p.  375,  §  4237,  subd.  17. 
Justices,  salaries  and  fees  of,  p.  375,  §  4237,  subd.  14. 
Population  of  townships  in,  how  determined,  p.  375,  §  4237,  subd.  18. 
Public  administrator,  salary  and  fees  of,  p.  375,  §  4237,  subd.  10. 
Recorder,  deputy,  appointment  and  salary,  p.  375,  §  4237,  subd.  3. 
Recorder,  fees  to  be  paid  into  county  treasury,  p.  375,  §  4237,  subd.  3. 
Recorder,  monthly  report  of,  p.  375,  §  4237,  subd.  3. 
Recorder,  salary  and  allowances  of,  p.  375,  §  4237,  subd.  3. 
Sheriff,  deputies   and   assistants,    number,    enumeration,    appointment 

and  salaries,  p.  375,  §  4237,  subd.  2. 
Sheriff,  salary,  fees,  commissions  and  mileage,  p.  375,  §  4237,  subd.  2. 
Superintendent  of  schools,   deputy,   appointment   and  salary,  p.   375, 

§4237,  subd.  11. 
Superintendent  of  schools,  office  hours  of,  p.  375,  §  4237,  subd.  11. 
Superintendent  of  schools,  salary  of,   p.  375,  §  4237,   subd.   11. 
Supervisors,  salaries  and  expenses  of,  p.  375,  §  4237,  subd.  16. 
Surveyor,  deputies  and  assistants,  number,  appointment  and  salaries, 

p.  375,  §  4237,  subd.  13. 
Surveyor,  salary  and  expenses,  of,  p.  375,  §  4237,  subd.  13. 
Tax  collector,  deputies  and  assistants,  appointment,  number  and  sal- 
aries, p.  375,  §  4237,  subd.  6. 
Tax  collector,   fees   to  be   paid  into   county   treasury,   p.   375,  §  4237, 

subd.  6. 
Tax  collector,  salary  of,  p.  375,  §  4237,  subd.  6. 
Tax  collector  to  receive  no  fees  or  commission  for  collection  of  taxes, 

p.  375,  §  4237,  subd.  6. 
Treasurer,  deputy,  appointment  and  salary,  p.  375,  §  4237,  subd.  5. 
Treasurer,  fees  to  be  paid  into  county  treasury,  p.  375,  §  4237,  subd.  5. 
Treasurer,  salary  of,  p.  375,  §  4237,  subd.  5. 

SAN  DIEGO  CITY. 

Exposition  at.     See  Expositions. 

Grant   of   certain  lands   in,   to  Independent   Order   of   Odd   Fellows, 

Lodge  No.  153,  p.  1205,  Act  3158c. 
Waterfront,  grant  of  to,  p.  1203,  Act  3158a. 


1518  INDEX. 

SAN  DIEGO    COUNTY. 

Additional   assistance   to   incumbent  where   work   not  brought   down 
to  date  by  predecessor,  p.  370,  §  4236,  subd.  17. 

Assessor,  deputies  and  clerics,  number,  enumeration   of,  appointment 
and  salaries,  p.  370,  §  4236,  subd.  7. 

Assessor,  salary  of,  p.  370,  §  4236,  subd.  7. 

Assessor,  to  receive  no  commissions  or  compensation  outside  of  sal- 
ary, p.  370,  §  4236,  subd.  7. 

Auditor,  deputies,  number,  appointment  and  salaries,  p.   370,  §  4236, 
subd.  4. 

Auditor,  salary  of,  p.  370,  §  4236,  subd.  4. 

Board   of   education,   secretary   to   receive   no   compensation,   p.   370, 
§4236,   subd.   9. 

Clerks,  copyists  and  employees,  appointment  of  and  time  and  manner 
of  payment  of,  p.  370,  §  4236,  subd.   18. 

Constables,   classification    of   townships   for    purpose    of   fixing   com- 
pensation,  p.   370,  §  4236,   subd.   13. 

Constables,  offices   and  furniture   for,  p.   370,  §  4236,  subd.  15. 

Constables,  population  of  townships,  how  determined  for  purpose  of 
fixing  salaries,  p.  370,  §  4236,  subd.   13. 

Constables,    salaries,    fees,    expenses    and   allowances,   p.   370,  §  4236, 
subd.   15. 

Coroner,  assistants  of  and  salaries  and  fees  of,  p.  370,  §  4236,  subd.  11. 

Coroner,  salary  and  expenses  of,  p.  370,  §  4236,  subd.  11. 

County  clerk,  deputies,   clerks  and   assistants,   number,   appointment 
and  salaries,  p.  370,  §  4236,  subd.  1. 

County  clerk,  salary  of,  p.  370,  §  4236,  subd.  1. 

Deputies,    appointment    of    and    time    and    manner    of    pavment    of 
salary,    p.    370,  §  4236,    subd.    18. 

District   attorney,   deputies   and   stenographer,   number,   appointment 
and  salaries,  p.   370,  §  4236,  subd.   8. 

District  attorney,  salary  of,  p.  370,  §  4236,  subd.  8. 

Jurors,  grant,    fees    and    mileage,   p.    370,  §  4236,    subd.    17. 

Jurors,  trial,  fees  and  mileage,  p.  370,  §  4236,  sulad.  17. 

Justices,  classification  of  townships  for  purpose  of  fixing  compensa- 
tion, p.  370,  §  4236,  subd.  13. 

Justices,  offices  and  furniture,  p.  370,  §  4236,  subd.  14. 

Justices,  salaries   of,   p.   370,  §  4236,   subd.   14. 

Justices,  fees  collected  bv  to  be  paid  into  treasurev,  p.  370,  §  4236, 
subd.   14.  ' 

Justices,  population    of   townships,   how    determined   for    purpose    of 
fixing  salaries,  p.   370,  §  4236,  subd.   13. 

License  collector,   salary   of,   p.   370,  §  4236,  subd.   7. 

Poll    taxes   and   road    poll  taxes,   commissions    for    collecting   to    be 
allowed  county  on  settlement  with  state,  p.  370,  §  4236,  subd.  7. 

Public  administrator,  fees  of,  p.  370,  §  4236,  subd.  10. 

Recorder,  deputies  and  assistants,  number,  appointment  and  salaries, 
p.   370,  §  4236,   subd.   3. 

Recorder,  salary  of,  p.  370,  §  4236,  subd.  3. 

•Sheriff,    deputies,   clerks,    and    assistants,    nunibt'r,    enumeration,   ap- 
pointment and  salaries,  [>.  370,  §  423(;,  subd.  2. 

Sheriff,  payment  of  fees  into  county  treasury,  p.  370,  §  4236,  subd.  2. 

Sheriff,  salary,  allowances  and  expenses  of,  p.  370,  §  4236,  subd.  2. 

Superintendent  of  schools,  deputy  and  bookkeejier,  appointment  and 

salary,  p.  370,  §  4236,  subd.  h. 
Superintendent  of  schools,  salary   of,  j).  370,  §  4236,  subd.  9. 

Siipervisorf*,  salary  and  mileage  as,  ]i.  ;570,  §  4236,  subd.  16. 


INDEX.  1.519 

SAN  DIEGO  COUNTY  (Continued). 

Supervisors,  salary  and  mileage  for  acting  as  road   overseer,  p.   870, 

§4236,    subd.    16. 
Surveyor,  deputy  and   assistants,  number,   enumeration,   aiipoiutnieiit 

and  salaries,  p.  370,  §  4236,   subd.   12. 
Surveyor,   salary   of,   p.   370,  §  4236,   subd.    12. 
Tax  collector,  deputies,  clerks   and   assistants,  appointment,  number 

and   salaries,   p.    370,  §  4236,   subd.    6. 
Tax  collector,  salary  and  fees,  p.   370,  §  4236,  subd.  6. 
Treasurer,  deputy,  salary   of,   p.   370,  §  4236,   subd.   5. 
Treasurer,  fees  to  be  paid  to  country  treasury,  p.  370,  §  4236,  subd.  5. 
Treasurer,  salary   of,   p.   370,  §  4236,   subd.   5. 
Treasurer,  to    receive    no    compensation    for    services    in    connection 

with   inheritance   tax,   p.   370,  §  4236,   subd.   5. 

SAN  DIMAS  CANYON. 

San  Gabriel  mountains,  provision  for  fighting  forest  fires  in,  p.  708, 
Act   1171. 

SANDPIPERS.     See    Game    Laws. 

SAN  FRANCISCO. 

Acceptance  by  state  of  cession  of  portion  of  Presidio,  San  Francisco, 

by  United  States,  p.  135.5,  Act  4219. 
Act  authorizing  annexation  of  territory  in  San  Mateo  countv,  p.  1207, 

Act    3348b. 
Adult    probation    board    of,    duties    of    members    of,    p.    152,  §  1203, 

subd.   g. 
Adult  probation  board  of,  men)bers  act  without  compensation,  p.  152, 

§  1203,    subd.   g. 
Adult   probation   board,   number,    appointment,    eligibility   and    oath 

of   members  of,   p.   152,  §  1203,  subd.  g. 
Adult   probation    board,    term    of    office,    vacancies    and    removal    of 

members,  p.   152,  §  1203,   subd.   g. 
Adult  probation  officers,  bonds  of,  p.   152,  §  1203,  subd.  g. 
Adult   probation    officers,   expenses    of,    allowance    and    payment    of, 

p.    152,  §  1203,    subd.    g. 
Adult   probation   officers,   number,   appointment,    salaries    and    terms 

of   office,  p.   152,  §  1203,   subd.   g. 
Adult  probation  officers,  offices   for,  duty  to   provide,  p.   152,  §  1203, 

subd.   g. 
Adult  probation  officers,  removal  of,  p.   152,  §  1203,  subd.  g. 
Charter   of,    p.    1206,   Act   3177. 
Clerical   errors    or   omissions    in    assessment-books,   correction   of   in, 

consent  of  city  attorney,  p.  346,  §  3881. 
Harbor  commissioner,  authorized  to  acquire  Mission  Eock  property, 

p.  1222,   Act   3348d. 
Harbor  commissioners  authorized  to  pay  claim  of  Fidelity  and  De- 
posit Company,  p.  763,  Act  1439b. 
Harbor    commissioners,    establishment    of    passenger    transportation 

facilities  upon   Embarcadero,   p.   1222,  'Act   3348c. 
Harbor  commissioners  of,  powers  granted  to,  p.  1206,  Act  3335. 
Justice's    clerk.     See    Justice's    Clerk. 
Nautical   school,  establishment   of  in,   p.   1134,   Act   2436. 
Normal   school,   appropriation   for,  p.   1225,   Act   3535a. 
Normal    school    "San    Francisco    State  'Normal    School    Exposition 

Preservation  Fund,"  creation  of  and  what   constitutes,  p.   1^25, 

Act  3535a. 


1520  INDEX. 

SAN  FRANCISCO    (Continued). 

Xormal  school,  selection  of  site  on  grounds  of  Panama-Pacific  In- 
national  Exposition,  p.   1225,  Act  3535a. 

Normal  school,  trustees  authorized  to  sell  prpoerty  and  acquire 
new  site,  p.  1225,  Act  3o35a. 

Schools,  janitors  and  employees,  employment  and  removal  of,  p.  1235, 
Act  3586J. 

Semi-monthly   pay   days  for   employees  of,  p.  988,  Act  2142a. 

SAN  FRANCISCO  LAW  SCHOOL. 

Repeal  of  section  admitting  graduates  to  practice  without  examina- 
tion, p.  9,  §  280b. 

SAN  GABRIEL  MOUNTAINS. 

Prevention  of  forest  fires  in  San  Antonio  Canyon  in,  p.  7U9,  Act  1172. 
Provision  for  fighting  forest  fires  in  San  Dimas  Canyon  in,  p.   708, 
Act   1171. 

SAN  JOAQUIN  COUNTY. 

Assessor,  deputies    and    assistants    and    salaries    of,    p.    380,  §  4238, 

subd.  17. 
Assessor,  salary  and  expenses  of,  p.  3S0,  §  4238,  subd.  7. 
Auditor,  deputies  and  assistants,  p.  380,  §  4238,  subd.   17. 
Auditor,  salary  of,  p.  380,  §  4238,  subd.  4. 
Bonds   of   officers   of   to    be   executed   bv   bonding   company,   p.   380, 

§  4238,  subd.  16. 
Bonds     of    ofl&eers,    premium    for    a    county    charge,    p.    380,  §  4238, 

subd.  16. 
Constables,  salaries,  fees,  mileage  and  allowances  of,  p.  380,  §  4238, 

subd.  14. 
Coroner,  fees  of,  p.  380,  §  4238,  subd.  9. 
Coroner,  one  deputy  for,  to  be  paid  from  coroner's  fees,  p.  380,  §  4238, 

subd.  17. 
County  clerk,  deputies  of,  number,  appointment  and  salaries,  p.  380, 

§  4238,  subd.  17. 
County  clerk,  salary,  allowances  and  fees,  p.  380,  §  4238,  subd.  1. 
District  attorney,  assistant  and  deputy  and  stenographer,  salaries  of, 

p.  3S0,  §  4238,  subd.  17. 
District  attorney,  salary  of,  p.  380,  §  4238,  subd.  8. 
Fees,  commissions,  mileage,  etc.,  except  as  otherwise  provided  to  be 

paid  into  county  treasury,  p.  380,  §  4238,  subd.  18. 
Jurors,  grand,  compensation  and  mileage  of,  p.  380,  §  4238,  subd.  19. 
Jurors,  trial,  compensation  and  mileage  of,  p.  380,  §  4238,  subd.  19. 
Justices,  clerk,  appointment,  term  of  office,  duties,  compensation  and 

bond,  p.  380,  §  4238,  subd.  13. 
Justices,  salaries  and  fees  of,  p.  380,  §  423S,  subd.  13. 
Probation   officers  and  assistants  and  salaries  of,  p.  955,  Act  1770a, 

subd.  ]9i. 
Public  administrator,  fees  of,  p.  380,  §  4238,  subd.  10. 
liecordor,  deputies  and  assistants,  number,  appointment  and  salaries, 

§4238,  subd.   17. 
Recorder,  salary  of,  p.  380,  §  4238,  subd.  3. 

Salaries,  fees,  mileage  and  commissions  to  be  in  full   for  official  ser- 
vices, J).  380,  §  4238,  subd.   18. 
Salaries  not  to  be  paid  until  fees,  commissions,  etc.,  paid  into  treas- 
ury, p.  380,  §  4238,  ifubd.  IS. 
Sherifl',  deputies    and    assistants,  aiipoiiitinciit,    luiniber,    cmimeration 

and  salaries,  p.  380,  §  423S,  subd.   17. 


INDEX.  1521 

SAN  JOAQUIN  COUNTY  (Continued). 

Sheriff,  salary  and  expenses  of,  p.  380,  §  4238,  subd.  2. 
Superintendent  of  schools,  salary  and  traveling  expenses  of,  p.  380, 

§  4238,  subd.  11. 
Supervisors,  salaries,  expenses  and  mileage,  p.  380,  §  4238,  subd.  15. 
Surveyor,  deputy  and  salary  of,  p.  380,  §  4238,  subd.  17. 
Surveyor,  salary  and  expenses  of,  p.  380,  §  4238,  subd.  12. 
Tax  collector,  salary  of,  p.  380,  §  4238,  subd.   6. 
Tax  collector,    to    pay    his    own    traveling    expenses,    p.    3S0,  §  4238, 

subd.  6. 
Treasurer,  deputies  and  salaries  of,  p.  380,  §  4238,  subd.  17. 
Treasurer,  salary  of,  p.  380,  §  4238,  subd.  5. 

SAN  JOAQUIN  RIVER. 

Improving    navigability    of    and    acquiring    land    for,    p.    1246,    Act 

3818b. 
Navigation  of,  improvement  of  and  appropriation  for,  p.   1246,  Act 

381Sb. 
Rectifying  and  improving  channel  of,  p.  1246,  Act  3818b. 

SAN  JOSEi. 

Normal  school  at,  trustees  authorized  to  exchange  land,  p.  1227,  Act 
3557a. 

SAN  LUIS  OBISPO  COUNTY. 

Assessor,  copyists,  number,  appointment  and  salaries,  p.  458,  §  4256, 

subd.  7. 
Assessor,  deputy,  salary  of,  p.  458,  §  4256,  subd.  7. 
Assessor,  fees  and  commissions  of,  p.  458,  §  4256,  subd.  7. 
Assessor,  salary  of,  p.  45S,  §  4256,  subd.  7. 

Auditor,  deputy,  appointment  and  salary  of,  p.  458,  §  4256,  subd.  4. 
Auditor,  salary  of,  p.  458,  §  4256,  subd.  4. 
Constables,    salaries,     fees,    expenses     and    mileage,    p.     458,  §  4256, 

subd.  14. 
Coroner,  fees  of,  p.  458,  §  4256,  subd.  9. 

County  clerk,  deputies,    number,    appQiutment,    salaries    and    allow- 
ances, p.  458,  §  4256,  subd.  1. 
County  clerk,  salary  of,  p.  458,  §  4256,  subd.   1. 
District  attorney,     deputy  and  clerk,  appointment  and  salary,  p.  458, 

§  4256,  subd.  8. 
District  attorney,  salary  of,  p.  458,  §  4256,  subd.  8. 
Jurors,  grand,  fees  and  mileage  of,  p.  461,  §  4256a. 
Jurors,  trial,  fees  and  mileage  of,  p.  461,  §  4256a. 
Justices,  salaries  and  offices,  p.  458,  §  4256,  subd.  13. 
Justices,  supervisors   to   furnish    codes   and   amendments   to,   p.   458, 

§4256,  subd.  13. 
Official    phonographic    reporter,    fees    and    compensation    of,    p.    458, 

§  4256,  subd.  16. 
Probation  officer  and  salary  of,  p.  955,  Act  1770a,  §  19i. 
Public  administrator,  fees  of,  p.  458,  §  4256,  subd.  10. 
Recorder,  salary  and  allowances  of,  p.  45S,  §  4256.  subd.  3. 
Sheriff,   salary   of,  p.   45S,  §  4256,  subd.  2. 

Superintendent  of  schools,  deputy,  salary  of,  p.  458,  §  4256,  subd.  11. 
Superintendent  of  schools,  salary    and    expenses    of,    p.    458,  §  4256 

subd.  11. 
Supervisors,  salaries,  expenses  and  mileage,  p.  458,  §  4256,  subd.  15. 
96 


1522  INDEX. 

SAN  LUIS  OBISPO  COUNTY  (Continued). 

Supervisors,  salary    and    expenses    as    road    overseer,   p.    458,  §  4256, 

subd.  15. 
Surveyor,  assistant,  appointment  and  salary,  p.  458,  §  4256,  subd.  12. 
Surveyor,  salary,  expenses  and  allowances  of,  p.  458,  §  4256,  subd.  12. 
Tax  collector,  deputies,  number  and  salaries  of,  p.  458,  §  4256,  subd.  6. 
Tax  collector,  salary  of,  p.  458,  §  4256,  subd.  6. 
Treasurer,  salary  of,  p.  458,  §  4256,  subd.  5. 

SAN  LUIS  OBISPO,  TOWN  OF. 

Charter  of,  p.  1224,  Act  3417. 

SAN  MATEO  COUNTY. 

Act  authorizing  annexation  of  territorv  into  San  Francisco  County, 

p.  1207,  Act  334Sb. 
Assessor,   deputies,  clerks   and  employees,  number,  appointment  and 

salaries,  p.  432,  §  4249,  subd.  7. 
Assessor,  draftsman,  appointment  and  salary,  p.  432,  §  4249,  subd.  7 
Assessor,   fees,   commissions,   etc.,   to   be   paid   into   county   treasury 

p.  432,  §  4249,  subd.  7. 
Assessor,  salary  of,  p.  432,  §  4349,  subd.  7. 
Assessor,  to  receive  no  commissions  or  allowances  outside  of  salary 

p.  432,  §  4249,  subd.  7. 
Auditor,  deputy  and  copyist,  appointment  and  salaries,  p.  432,  §  4249 

subd.  4. 
Auditor,  salary  of,  p.  432,  §  4249,  subd.  4. 
Auditor  to  withhold  justice's  warrant  until  statement  filed  by,  p.  432 

§  4249,  subd.  8. 
Board    of    education,    members,    compensation    and    mileage,    p.    432 

§  4249,  subd.  15. 
Board    of    education,     secretary,     compensation     of,    p.     432,  §  4249 

subd.  15. 
Constables,  salaries,  expenses  and  fees  of,  p.  432,  §  4249,  subd.  14. 
Coroner,  fees  of,  p.  432,  §  4249,  subd.  9. 
County  clerk,  deputies,    clerks   and   stenographers,   appointment   and 

salary,  p.  432,  §  4249,  subd.  1. 
County     clerk,  fees,  commission,  etc.,  to  be  paid  into  treasurv  after 

January  6,  1919,  p.  432.  §  4249,  subd.  1. 
County  clerk,  salary  and  allowances,  p.  432,  §  4249,  subd.  1. 
District  attornev,  allowance  for  traveling  and  other  expenses,  p.  432, 

§  4249,  subd.  7. 
District  attorney,  salary  of,  p.  432,  §  4249,  subd.  8. 
District    attornev,    stenographer,    appointment    and    salarv,    p.    432, 

§  4249,  subd!  8. 
.Jurors,  grand,  compensation  and  mileage,  p.  432,  §  4249.  subd.  7. 
•Tnrors,  trial,  compensation  and  mileage  of,  p.  432,  §  4249,  subd.  17. 
.Justices,  allowances,  p.  432,  §  4249,  subd.  IS. 
Ju.stices.  certain   fees  to  be   paid   to  county   treasurv,  p.  432,  §  4249, 

subd.  IS. 
Justices,  salaries  and  fees  of,  p.  432,  §  4249,  subd.  13. 
Matron  for  fenial(>  jirisoiu-rs,  appointment  and  salarv,  p.  432,  §  4249, 

subd.  19. 
l^robation  ollicer  and  .salary  of,  p.  956,  Act  1770a,  §  1911. 
I'uljlic  administrator,  fees  of,  p.  432,  §  4249,  subd.  10. 
Recorder,    dPfuilies   and    copvists,   appointment   and   salaries,   p.   432, 

§  4249,  subd.  3. 
Tfecorder,  fees,    comTiiissions,    etc.,    in    be    paid    to    countv    treasury, 

p.  432,  §  4249,  subd.  3. 


INDEX.  1523 

SAN  MATEO  COUNTY    (Continued). 

Recorder,  salary  of,  p.  432,  §  4249,    subd.  3. 

Sheriff,  salary,  expenses  and  allowances,  p.  432,  §  4249,  subd.  2. 

Sheriff,  matron  for  female  prisoners,  appointment  and  salary,  p.  432, 
§  4249,  subd.  19. 

Superintendent  of  schools,  salary  and  expenses,  p.  432,  §  4249, 
subd.  11. 

Supervisors,  expenses  and  mileage  as  road  commissioner,  p.  432, 
§4249,  subd.  16. 

Supervisors,  salary  and  mileage,  p.  432,  §  4249,  subd.  16. 

Surveyor,   salary,   expenses   and   allowances,   p.   432,  §  4249,  subd.   12. 

Tax  collector,  clerk,  copyists  and  indexer,  appointment  and  salary, 
p.  432,  §  4249,  subd.  6. 

Tax  collector,  fees,  perquisites  and  commissions  to  be  paid  into  treas- 
ury, p.  432,  §  4249,  subd.  6. 

Tax  collector,  salary  of,  p.  432,  §  4249,  subd.  6. 

Treasurer,  salary  of,  p.  432,  §  4249,  subd.  5. 

SAN  QUENTIN  PRISON. 

Judgment  to  direct  pi-isoner  to  be  taken  to  warden  of,  p.  149,  §  1202a. 

SAN  RAFAEL. 

Charter  of,  p.  1224,  Act  3446. 

SANTA  BARBARA  CITY. 

Charter   of,   p.    1224,   Act   3448. 

SANTA  BARBARA  COUNTY. 

Assessor,  deputies,  appointment  and  salaries,  p.  422,  §  4246,  subd.  7. 

Assessor,  salary  of,  p.  422,  §  4246,  subd.  7. 

Assessor,  additional  clerks  and  assistants,  appointment  of  and  com- 
pensation of,  p.  422,  §  4246,  subd.  7. 

Assessor,  allowance  to  of  traveling  expenses,  p.  422,  §  4246,  subd.  7. 

Assessor,  fees  and  commissions  received  by  to  be  paid  into  county 
treasury,  p.  422,  §  4246,  subd.  7. 

Auditor,  clerks  and  assistants,  appointment  and  compensation,  p.  422, 
§  4246,   subd.  4. 

Auditor,  deputy,  appointment  and  salary,  p.  422,  §  4246,  subd.  4. 

Auditor,  extra  help  for,  allowance  of,  p.  422,  §  4246,  subd.  4. 

Constables,  population,  how  ascertained  for  purpose  of  determining 
salary   of,   p.   422,  §  4246,   subd.   14. 

Constables,  salaries,  fees  and  expenses,  p.  422,  §  4246,  subd.   14. 

Coroner,  fees  of,  p.  422,  §  4246,  subd.  9. 

County  clerk,  deputies  and  clerk,  appointment  and  salaries,  p.  422, 
§4246,  subd.  1. 

County  clerk,  salary  and  allowances  of,  p.  422,  §  4246,  subd.  1. 

District  attorney,  deputies,  appointment  and  salaries,  p.  422,  §  4246, 
subd.  8. 

District  attorney,   salary   of,   p.   422,  §  4246,   subd.   8. 

Justices,  population,  how  ascertained  for  purpose  of  determining- 
salary,  p.  422,  §  4246,   subd.   13. 

Justices,   salaries   and   fees,   p.   422,  §  4246,  subd.   13. 

Probation  officer  and  salary  of,  p.  955,  Act  1770a,  §  19i. 

Public    administrator,   fees' of,   p.    422,  §  4246,   subd.    10. 

Recorder,  deputies,  appointment  and  salaries,  p.  422,  §  4246,  subd.  3. 

Recorder,  salary  of,  p.  422,  §  4246,  subd.  3. 

Sheriff,  fees,  commissions  and  mileage  to  be  paid  into  treasurv, 
p.  422.  §  4246,  subd.  2. 


1524  INDEX. 

SANTA  BAEBAEA  COUNTY   (Continued). 

Sheriff,  deputies,  number,  appointment  and  salaries  of,  p.  422,  §  4246, 

subd.  2. 
Sheriff,  salary  of,   p.  422,  §  4246,  subd.   2. 
Sheriff,  traveling    expenses,    allowance    of    to    sheriff    and    deputies, 

p.  422,  §  4246,  subd.  2. 
Superintendent  of   schools,  deputy,   appointment   and  salary,  p.  422, 

§  4246,  subd.  11. 
Superintendent    of    schools,    salary    and    expenses   of,    p.    422,  §  4246, 

subd.   11. 
Supervisors,  compensation     as     road     commissioner,     p.     422,  §  4246, 

subd.   15. 
Supervisors,  salaries  and  mileage,  p.  422,  §  4246,  subd.  15. 
Surveyor,  salary,  expenses  and  allowances,  p.  422,  §  4246,  subd.  12. 
Tax   collector,    all    commissions   and   fees   to   be   paid   into   treasury, 

p.  422,  §  4246,  subd.  6. 
Tax  collector,  deputy,  appointment  and  salary,  p.  422,  §  4246,  subd.  6. 
Tax  collector,  extra  help,  allowance  of  to,  p.  422,  §  4246,  subd.  6. 
Tax  collector,  salary  of,  p.  422,  §  4246,  subd.  6. 
Treasurer,  salary  of,  p.  422,  §  4246,  subd.  5. 

SANTA  CLAEA. 

University   of.     See   University   of    Santa   Clara. 

SANTA  CLAEA  COUNTY. 

Additional    assistance    to    officers,    sui^ervisors    may    allow,    p.    358, 

§  4233,  subd.   14. 
Assessor,    commissions   for   collections   of   poll   or   personal   property 

taxes  not  allowed  to,  p.  358,  §  4233,  subd.  8. 
Assessor,  deputies  and  assistants,  number,  appointment  and  salaries, 

p.   358,  §  4233,   subd.   8. 
Assessor,  salary  and  expenses,  p.  358,  §  4233,  subd.  8. 
Auditor,  deputies,  number,  appointment  and  salaries,  p.  358,  §  4233, 

subd.  4. 
Auditor,  what  fees   to  be  paid  into  county  treasury,   p.  35S,  §  4233, 

subd.  4. 
Auditor,  salary  of,  p.  358,  §  4233,  subd.  4. 
Constables,  fees,  when   may  retain  and  when  to   pay  into  treasury, 

p.  358,  §  4233,  subd.  16. 
Constables,  population  of  townships,  how  ascertained,  p.  358,  §  4233, 

subd.   16. 
Constables,  salaries  and  expenses  of,  p.  358,  §  4233,  subd.  16. 
Coroner,  fees  of,  p.  358,  §  4233,  subd.  10. 
County  clerk,  deputies  and  clerks,  number,  appointment  and  salaries 

of,  p.   358,  §  4233,   subd.   1. 
County  clerk,  salary  and  expenses  of,  p.  358,  §  4233,  subd.  1. 
County  clerk,  to  pay  all  fees  received  into  county  treasury,  p.  358, 

§4233,  subd.   1. 
District  attorney,  deputies  and  clerks,  number,  appointment  and  sal- 
aries, p.  358,  §  4233,  subd.   9. 
District   attorney,   fees   and    commissions   to   be   paid   into   treasury, 

p.   358,  §  4233,   subd.    9. 
District  attorney,   salary  and   expenses  of,  p.   358,  §  4233,  subd.  9. 
Fisii   and  game   warden,  salary  and  expenses  and  how  paid,  p.  358, 

§  4233,   subd.    13. 
Jurors,  graiul,  in,  cfiinpcns.-il  ion  jind  foes  and  liow  paid.  p.  358,  §4233, 

subd.    IS. 


INDEX.  1525 

SANTA  CLARA  COUNTY  (Continued). 

Jurors,  trial,  in,  compensation  and  fees  and  how  paid,  p.  358,  §  4233, 

subd.    IS. 
Justices,  clerks  of,  appointment  and  salary,  p.  358,  §  4233,  subd.   14. 
Justices,  fees  of,  when  may  retain  and  when  to  be  paid  into  treasury, 

p.    358,  §  4233,    subd.  'l4. 
Justices,  number  of,  p.  358,  §  4233,  subd.  14. 
Justices,  salaries  of,  ji.  358,  §  4233,  subd.  14. 
License  collector,  commissions  of,  p.  358,  §  4233,  subd.  7. 
License  collector,  limit  on  commissions  of,  p.  358,  §  4233,  subd.  7. 
Public  administrator,  fees  of,  p.  358,  §  4233,  subd.  10. 
Recorder,  deputies,  number,  appointment  and  salaries,  p.  358,  §  4233, 

subd.  3. 
Recorder,  fees  to  be  paid  into  county  treasury,  p.  358,  §  4233,  subd.  3. 
Recorder,  salary  and  expenses  of,  p.  358,  §  4233,  subd.  3. 
Sheriff,   deputies,    number,   appointment   and   salaries,   p.   358,  §  4233, 

subd.  2. 
Sheriff,  fees   and   mileage  to   be  paid  into   county   treasury,   p.   358, 

§4233,    subd.    2. 
Sheriff,  salary  and  expenses  of,  p.  35S,  §  4233,  subd.  2. 
Superintendent  of  schools,  deputy,  appointment  and  salary  of,  p.  358, 

§  4233,    subd.    11. 
Superintendent    of    schools,    salary    and    expenses    of,   p.    358,  §  4233, 

subd.  11. 
Supervisors,   compensation   and   mileage,  p.   358,  §  4233,   subd.   17. 
Supervisors,  salaries  of,  p.  358,  §  4233,  subd.  17. 
Surveyor,    deputies,    number,    appointment    and    salaries    of,    p.    358, 

§4233,   subd.   12. 
Surveyor,  fees  to  be  paid  to  treasury,  p.  358,  §  4233,  subd.   12. 
Surveyor,  inspectors  for  roads  and  bridges,  power  to  appoint,  p.  358, 

§4233,   subd.   12. 
Surveyor,  salary  and  expenses  of,  p.  358,  §  4233,  subd.  12. 
Tax    collector,    deputies    and    assistants,    number,    appointment    and 

salaries,  p.  358,  §  4233,  subd.  6. 
Tax  collector,  fees  to  be  paid  into  treasury,  p.  358,  §  4233,  subd.  6. 
Tax  collector,  salary  and  expenses  of,  p.  358,  §  4233,  subd.  6. 
Treasurer,  deputy,  appointment  and  salary  of,  p.  358,  §  4233,  subd.  5. 
Treasurer,  fees   and   commissions,  what  to  be  paid   to   treasury  and 

what  may  retain,  p.  358,  §  4233,  subd.  5. 

SANTA  CRUZ  COUNTY. 

Assessor,  deputv,  draftsman  and  copyists,  appointment  and  salaries, 

p.  437,  §42.50,  subd.  7.  ' 

Assessor,  salar}'  and  foes  of,  p.  437,  §  4250,  subd.  7. 
Constables,  classification  of  townships  for  purpose  of  fixing  salaries, 

p.  437,  §  4250,  subd.  14. 
Constables,  population,  how  ascertained  for  purpose  of  determining 

salary,  p.  437,  §  4250,  subd.  14. 
Constables,  salaries,  expenses  and  fees  of,  p.  437,  §  4250,  subd.  15. 
Coroner,  fees  of,  p.  437,  §  4250,  subd.  9. 
County   clerk,    assistants,    appointment    and    salaries,    p.    437,  §  4250, 

subd.  1, 
County   clerk,    copyist    and    clerk,    appointment    and    salary,    p.    437, 

§4250,  subd.  1. 
County   clerk,   salary   and   allowances   of,   p.   437,  §  4250,   subd.   1. 
Court  reporter,  fees'  of,  p.  437,  §  4250,  subd.  16. 
District  attorney,  deputy,  appointment  and  salary  of,  p.  437,  §  4250, 

subd.   S'. 


1526  INDEX. 

SANTA  CRUZ  COUNTY  (Coutinued). 

District  attorney,  salary  and  expenses   of,  p.  437,  §  4250,  subd.   8. 
Fees,  what  to  be  paid  into  county  treasury,  p.  437,  §  4250,  subd.  17. 
Justices,   classification   of   townships   for   purpose  of   fixing   salaries, 

p.  437,  §  4250,  subd.  14. 
Justices,  offices  for,  p.  437,  §  4250,  subd.  15. 
Justices,  population,  how  ascertained  for  jiurpose  of  fixing  salary  ofj 

p.   437,  §  4250,   subd.   14. 
Justices,  salaries  and  fees  of,  p.  437,  §  4250,  subd.  15. 
Justices,  salaries  when  two  justices  qualify  in  one  township,  p.  437, 

§  4250,   subd.   15. 
Probation  officer  and  salary  of,  p.  956,   Act  1770a,  §  19mm. 
Provision  relating  to   county  officers,  when  goes  into   effect,  p.   437, 

§  4250,  subd.   18. 
Public  administrator,  fees  of,  p.  437,  §  4250,  subd.  10. 
Eecorder,    salarj^    and    allowances    of    for    recording,    p.    437,  §  4250, 

subd.  3. 
Eecorder,  statement   showing  expenses  for  recording,  p.   437,  §  4250, 

subd.   3. 
Salaries   and   fees  of   officers  in  full  for   all   services,   p.   437,  §  4250, 

subd.  17. 
Sheriff,  salaries,  fees,  mileage  and  allowances,  p.  437,  §  4250,  subd.  2. 
Sheriff,  under-sheriff  and  deputies,  appointment  and  salaries,  p.  437, 

§  4250,  subd.  2. 
Shorthand  reporter,  fees  of,  p.  437,  §  4250,  subd.  16. 
Superintendent   of  schools,  clerk,  appointment  and  salary  of  p.  437, 

§  4250,  subd.  11. 
Superintendent     of     schools,     salary     and     expenses,    p.     437,  §  4250, 

subd.  11. 
Supervisors,  salaries  and  mileage,  p.  437,  §  4250,  subd.  13. 
Surveyor,  fees  of,  p.  437,  §  4250,  subd.  12. 

Tax  collector,  deputy,  appointment  and  salary,  p.  437,  §  4250,  subd.  6. 
Tax  collector,  salary  of,  p.  437,  §  4250,  subd.  6. 
Townships  in,  classification  of,  p.  437,  §  4250,  subd.  14. 
Townships,  classification  of  for  fixing  salaries  of  constables  and  jus- 
tices, p.  437,  §  4250,  subd.   14. 
Townships,  population  of,  how  determined,  p.  437,  §  4250,  subd.  14. 
Treasurer,  salary  of,  p.  437,  §  4250,  subd.  5. 

SANTA  MONICA. 

Watfifrdiit,  grant  of  to,  p.  1225,  Act  3527. 

SANTA  ROSA. 

rharler  of,  p.  1225,  Act  3528. 

SATURDAY. 

Presentment  of  bill  of  exchange  for  acceptance  on,  p.  90,  §  3227. 
Presentment  for  payment  when  negotiable  instrument  falls  due  on, 

p.  77,  §  3166. 
Saturday  afternoon  a  lioliday.     See  Holidays. 

SATURDAY  AFTERNOON.     Soo  Holidays. 

SAVINGS  AND  LOAN  SOCIETY. 

No  limitation  of  action   to  lerovcr  (le])0sits,  p.  11,  §  348. 

SAVINGS  BANKS. 

I'l-a  iicliiM'    tax     for    stair    pii r[i()scs    on.     See    State    Unai'd    of    Equal- 
ization. 


INDFA'.  1527 

SCALES.     See  Weights  and  Measures. 

SCHOOLS. 

Apportionment  of  funds  by  school  superintendent,   rules   governing, 

p.  234,  §  1858. 
Average  daily  attendance  at  intermediate  school  courses,  keeping  of, 

p.  227,  §  1750a. 
Average  daily  attendance  at  junior  college  courses  to  he  included, 

p.  227,  §  i750b. 
Average  daily  attendance  at  part  time  vocational  courses,  adding  of, 

p.  228,  §  1750'C. 
Average  daily  attendance,  at  special  day  and  evening  classes,  p.  221, 
.       §  1662. 
Average  daily  attendance  at  special  day  and  evening  classes,  adding 

to  high  school  attendance,  p.  228,  §  1750c. 
•       Average  daily  attendance,  computation  of  where  pupils  attend  school 

from  outside  district,  p.  223,  §  1696. 
Average   daily   attendance,   deaf   children   over   six   counted,   p.   221, 

§  1662. 
Average  daily  attendance,  rules  governing  keeping  of,  p.  234,  §  1858. 
Boards  of  education,  city,  general  powers  and  duties  of  enumerated, 

p.  211,  §  1607;  p.  212, §  1608. 
Boards  of  education,  city,  how  elected,  p.  211,  §  1606. 
Boards  of  education,  city,  meetings  of,  p.  211,  §  1607,  subd.  1. 
Bonds,  furnishing  board  of  control  with  proceedings  leading  up  to 

issuance  of,  p.  178,  §  678. 
Bonds,  no  assurance  to  be  required  of  state  on  bid  for,  p.  178,  §  678. 
Bonds,  notice  of  issuance  of,  contents  of,  p.  178,  §  678. 
Bonds,  notifying  state  board  of  control  and  state  treasurer  of  issu- 
ance of,  p.  178,  §  678. 
Bonds  of  school  districts  and  high  school  districts,  levy  and  collec- 
tion of  taxes  for,  p.  1227,  Act  3584c, 
Bonds  of  school  districts  and  high  school  districts  validated,  p.  1227, 

Act  3584c. 
Buildings,  estimate  of  amount  necessary  for,  p.  233,  §  1838. 
Buildings,  fund  for  and  how  expended,  p.  233,  §  1838. 
Buildings,  location  and  change  of.  p.  215,  §  1611. 
Buildings,  superintendent  of  schools  to  pass  upon  plans,  p.  201,  §  1543, 

subd.  12. 
Buildings,  tax  for,  levy  of  and  limit  on  amount  of,  p.  233,  §  1838. 
Buildings,  use  of  for  meeting  purposes,  p.  216,  §  1613. 
California  school  for  girls.     See  California  School  for  Girls. 
Certificates,  enumeration  of,  p.  229,  §  1771. 
Certificates  entitle  teachers  to  teach  in  what  grades,  p.  233,  §  1775, 

subd.  5. 
Certificates,  granting  of  and  rights  under,  p.  229,  §  1771. 
Certificates  now  valid  continue  in  force,  p.  232,  §  1775,  subd.  3. 
Certificates,  permanent,  granting  of,  p.  233,  §  1775,  subd.  4. 
Certificates,  preliminary,  duration  of,  p.  201,  §  1543,  subd.  8. 
Certificates,  preliminary,   issued    on   what   recommendations,   p.    201, 

§  1543,  subd.  8. 
Certificates,  preliminary,  when  mav  be  issued  by  superintendent  of 

schools,  p.  201,  §  1543,  subd.  8.  " 
Certificates,  renewal  of  and  how  long  valid,  p.  232,  §  1775,  subd.  ?>; 

p.  233,  §  1775,  subd.  4. 
Certificates,  revocation  of,  grounds  for,  p.  194,  §  1519a. 
Certificates,  revocation  or  suspension  of,  p.  231,  §  1771,  subd.  6, 


1528  INDEX. 

SCHOOLS  (Continued). 

Certificates,  special,  granting  of,  p.  194,  §  1519a. 

Certificates,  temporary,   superintendent   of   schools   may   issue   what, 

p.  201,  §  1543,  subd.  7. 
Certificates  to  teach,  granting  of,  p.  194,  §  1519a. 
Certificates,  what   may  be   granted  without   examination   and   rights 

under,  p.  231,  §  1775. 
Classification  of,  p.  222,  §  1663. 
Clerk  of  district,  appointment  of  on  failure  of  board  to  act,  p.  201, 

§  1543,  subd.  13. 
Commission  of  credentials,  creation  of,  how  constituted  and  powers 

of,  p.  196,  §  1519a,  subd.  8. 
Contract  by  trustees  of  elementary  school  district  with  normal  gchool 

for  education  of  children,  p.  219,  §  1617b. 
Contracts  for  work,  material  or  supplies,  p.  216,  §  1612. 
County  boards  of  education,  powers  and  duties  of  enumerated,  p.  229, 

§1771;  p.  231,  §  1775. 
Courses  of  study,  prescribing  and  changing,  p.  231,  §  1771,  subd.  10. 
Diplomas,  issuing  of  by  county  boards  of  education,  p.   231,  §  1771, 

subd.  8. 
Diplomas,   life,   application   for,   fee   for   and   disposition    of,    p.    194, 

§  1519a. 
Diplomas,  life,  application  for,  procedure,  p.  194,  §  1519a. 
Diplomas,  life,  authority  under,  p.  194,  §  1519a. 
Diplomas,  life,  grades  of,  p.  194,  §  1519a. 
Diplomas,  life,  granting  of,  p.  194,  §  1519a. 
Diplomas,  life,  revocation  of,  grounds  for,  p.  194,  §  1519a. 
Diplomas,  life,  valid  throughout  state,  p.  194,  §  1519a. 
Diplomas,  revocation  of,  procedure,  p.  190,  §  1489,  subd.  12. 
District,  annexation  of  territory  on  formation  of  city,  effect  in  case 

of  elections,  p.  206,\§  1576. 
District,  annexation   of  territory  on  formation   of  city,  taxation  in 

ease  of,  p.  206,  §  1576. 
Districts,  annexation  of  territory  on  incorporation  of  city,  authority 

as  to,  p.  206,  §  1576. 
Districts,  boundaries  of,  duty   of  superintendent  of  schools,  p.   205, 

§  1543b. 
Districts,  each  city  except  sixth  class  cities  a  separate  school  district, 

p.  206,  §  1576. 
District,  formation  of,  duties  of  supervisors  on  receiving  petition  for, 

p.  207, §  1579. 
District,  formation  of,  jurisdiction  of  supervisors  to  hear  petition  for 

attaches  when,  p.  207,  §  1578. 
District,  formation  of,  procedure,  p.  207,  §  1579. 
Districts,  formation    of,    validity   and    conclusiveness    of   proceedings 

for,  p.  207,  §  1579. 
Districts  in  different  counties,  proceedings  in  case  of,  p.  237,  §  1891. 
Districts  in  different  counties,  taxes  in  case  of,  p.  237,  §  1891. 
Districts,  lapse  of,  grounds  for  and  proceedings  on,  p.  208,  §  1582. 
Districts,  lapsed,  property,  funds  and  debts  of,  p.  208,  §  1582. 
District  meetings,  calling,  organizing,  proc(>edings   and  a<liournment, 

p.   215,  §  1611. 
District  meetings,    powers   of,   j).   215,  §1611. 
Districts,  not    more    than    one    district    in    sixth    class    cities,   p.    206, 

§  1576. 
Districts,  organi/.;itinii  of  confirmed  ;niil  \  alidntcd,  p.  1227,  .Act  3537d. 


INDEX.  1529 

SCHOOLS  (Continued). 

Districts  partly  in   several   coiintios,    jurisdiction   of  pountv   superin- 
tendent, p.  205,  §  1543b. 
District,  petition    for   formation   of,   duty   of   county   school    superin- 
tendent on  receiving,  p.  207,  §  1578. 
Districts,  suspended,  funds  and  trustees  for,  p.  208,  §  1582. 
Districts,  suspended,  merger  of,  p.  208,  §  1582. 
Districts,  suspended,  re-establishment  of,  p.  208,  §  1582. 
Elementary,  all  day  schools  to  be  maintained  equal  lengths  of  time, 

p.  220,  §  1619. 
Employees,    appointment,    comiicnsation   and   term    of    office,   p.    212, 

§  1609. 
Evening  elementary  schools,  open  to  what  pupils,  p.  221,  §  1662. 
Examination,  what  certificates   mav  be   granted   without   and   rights 
under,  p.  231,  §  1775. 

Flag,  United  States,  hoisting  over  buildings  and  displaying  in  school- 
rooms, p.  217,  §  1614;  p.  219,  §  1617a. 

Funds,  apportionment  of,  rules  governing,  p.  234,  §  1858. 

Funds,  apportionment  of  state  school  fund,  p.  199,  §  15*32. 

Funds,  bonds    of    municipal    water    districts    legal    investments    for, 
p.  599,  Act  387a. 

Funds,    l)uilding,    estimate    of    amount,    tax    for   and    expenditure    of, 
p.  233,  §  1838. 

Funds,  district,  requisitions  upon,  procedure,  p.  201,  §  1543.  subd.  3a. 

Funds,  district,  transfer  of,  p.  201,  §  1543,  subd.  3b. 

Funds,  moneys  from  national  government  for  Indian  children,  p,  201, 
§  1543,  subd.  17. 

Funds  of  school  districts,  apportionment  of,  p.  201,  §  1543,  subd.  2. 

Funds,  proceedings  where  districts  do  not  have  sufficient  funds,  p.  236, 
§  1858. 

Grading  of,  duty  of  county  superintendent,  p.  201,  §  1543,  subd.  16. 

Grammar,  classification  of,  p.  222,  §  1663. 

High,  all  day  schools  to  be  maintained  equal  length  of  time,  p.  220, 
§  1619. 

High,  classification  of,  p.  222,  §  1663. 

High,  establishment  of,  p.  225,  §  1720. 

High  school  districts,  formation  and  organization  of,  p.  225,  §  1720. 

High  school  districts,  high  schools,  technical  schools  and  junior  col- 
leges to  be  maintained  therein,  p.  225,  §  1720. 

High  school  districts,   jurisdiction    over,   repeal   of     section   relating 
to,  p.  225,  §  1723. 

High,  text-books  for,  adoption  of,  p.  1228,  Act  35S6h. 

High,  text-books,  furnishing  free  to  pupils,  p.  1228,  Act  3586h. 

Home  teachers,  appointment,  qualifications,  duties  and  salaries,  p.  217, 
§  1614. 

Home  teachers,  duties  of,  p.  217,  §  1615. 

Home  teachers  may  be  appointed,  p.  217,  §  1615. 

Home  teachers,  number  that  may  be  appointed,  p.  217,  §  1615. 

Home  teachers,  qualifications  of,  p.  217,  §  1615. 

Home  teachers,  salaries  of,  p.  217,  §  1615. 

Institutes,    superintendent    of    schools    presides    over,    p.    201,  §  1543, 
subd.  6. 

Instruction,  branches  in  which  instruction  to  be  given,  p.  222,  §  1665. 

Instruction,  courses  of  study  for  elementary  schools,  p.  221,  §  1662. 

Instruction,  household    economics    and    vocational    subjects,    p.    222, 
§  1665. 


1530  INDEX. 

SCHOOLS  (Continued). 

Instruction,  physical  and  manual  training,  p.  222,  §  1665. 

Instruction,  physiology  and  hygiene,  p.  222,  §  1665. 

Instruction,  time  to  be  given  to  study  and  recitation  in  elementary 

schools,  p.  222,  §  1665. 
Intermediate  school  courses,  average  daily  attendance  at,  keeping  of, 

p.  227,  §  1750a. 
Intermediate  school  courses,  course  of  studv  when  adopted,  p.  227, 

§  1750a. 
Intermediate  school  courses,  election  on  question  of,  p.  227,  §  1750a. 
Intermediate  school  courses,  expenses  of,  p.  227,  §  1750a. 
Intermediate  school  courses,  instruction  given  in  what  studies,  p.  227, 

§  1750a. 
Intermediate  school  courses,  lapsing  of  for  lack  of  attendance,  p.  227, 

§  1750a. 
Intermediate  school  courses,  power  to  prescribe,  p.  227,  §  1750a. 
Intermediate  school  couises,  who  admitted  to,  p.  226,  §  1750a. 
Intermediate  school  courses,  who  may  attend  and  tuition  for,  p.  218, 

§1617. 
Janitor,  appointment  and  compensation  where  trustees  fail  to  appoint, 

p.  201,  §  1543,  subd.  13. 
Janitors  and  employees,  employment  and  removal  in  districts  in  cities 

of  first  class,  p.  1235,  Act  35S6j. 
Janitors,  appointment,  compensation  and  term  of  office,  p.  212,  §  1609. 
Joint  union  high  school  district,  formation  of,  p.  225,  §  1728. 
Junior  college  courses,  provision  relating  to,  p.  227,  §  1750b. 
Kindergarten,  beginners,  rules  for  admission  of,  p.  214,  §  1610. 
Kindergarten,  children   admitted   at   four   and   a   half   years,   p.    214, 

§  1610;  p.  221, §  1662. 
Kindergarten,    discontinuance  for  nonattendance   and   disposition  of 

funds  and  property,  p.  217,  §  1616. 
Kindergarten,  establishment  of  upon  petition,  p.  217,  §  1616. 
Kindergarten,  fund  and  tax  in  support  of,  p.  217,  §  1616. 
Kindergarten,  number  of  schools  and  time  of  establishment,  p.  217, 

§  1616. 
Kindergarten,  reports  kept  separate,  p.  221,  §  1662. 
Lease  of  school  property,  power  as  to  and  procedure,  p.  219,  §  1617^,4. 
Librarian,  district,    appointment    of    and    rules    governing    libraries, 

p.  212, §  1609. 
Librarian,  high  school,  certificate  required  of,  p.  233,  §  1775,  subd.  6. 
Librarians,  high  school,  rank  as  teachers  and  entitled  to  benefit  of 

pension  law,  p.  233,  §  1775,  subd.  6. 
Maintaining  in  different  parts  of  district,  aggregate  of  time,  p.  220, 

§  1619. 
Month,  school,  repeal  of  section  defining,  p.  225,  §  1697. 
Montli,  school,  what  is,  p.  223,  §  1670. 
Nautical.     f?ee  Nautical  School. 
Normal,  at  San  Francisco.     See  San  Francisco. 
Normal,  at  San  Jose,  trustees  authorized  to  exchange  lands,  p.  1227, 

Act  3557a. 
Normal,  contract  by  trustees  of  clcnientary  school  district  with,  for 

education  of  children,  p.  219,  §  1617b. 
Normal,  extension  work  in  rural  schools,  provision  as  to,  p.  190,  §  1489, 

subd.  15. 
Normal,  i)resident,  secretary  and  assistant  secretary  of,  p.  190,  §  1489, 

subd.  6. 


INDEX.  1531 

SCHOOLS  (Continued). 

Normal,  president,  term  of  office  of,  p.  19U,  §  1489,  subd.  6. 

Normal,  supervision  of  by  superintendent  of  public  instruction,  repeal 

of   provision   relating   to,   p.    192,  §  1505. 
Normal,  time  and  standards  for  graduation,  p.  192,  §  1519. 
Normal,  trustees,   general   powers  and  duties   of  enumerated,   p.    190, 

§  1489. 
Opening  and  closing  of,  teacher  to  notify  superintendent  of,  p.  223, 

§  169G. 
Part  time   vocational  courses,  rules  governing  pupils,  p.  228,  §  1750c. 
Part  time  vocational   courses,   transportation    of   teachers,   provision 

for,  p.  228,  §  1750c. 
Part  time  vocational  courses,  establishment  of  by  high  school  boards, 

p.  28,  §  1750e. 
Physical    education,    organization    and    supervision    of    courses    in, 

p.  1233,  Act  3586e. 
Primary,  classification  of,  p.  222,  §  1663. 
Principal  of   high    school,    right   to   act    as    principal    in    elementary 

schools,  p.  226,  §  1743. 
Principals,  employment  of,  p.  212,  §  1609. 
Principals,  report,  duty  to  make,  how  made  and  what  to  show,  p.  226, 

§  1743. 
Principals,  report,    withholding    salary    if    not    filed,"  p.    226,  §  1743; 

p.  227,  §  1743a. 
Pupils,  adults,  admission  of,  p.  221,  §  1662. 
Pupils,  ages,    between    what    ages    admitted    to    elementary    schools, 

p.  221,  §  1662. 
Pupils,  beginners,  rules  for  admission  of,  p.  214,  §  1610. 
Pupils,  children  from  other  districts,  admission  of,  p.  214,  §  1610. 
Pupils,  deaf,  admitted  at  three  years,  p.  214,  §  1610;  p.  221,  §  1662. 
Pupils,  exclusion   of   from  normal   schools,  powers   of   trustees   as  to, 

p.  190,  §  1489,  subd.  13. 
Pupils,  filthy,  vicious  or  diseased,  exclusion  of,  p.  221,  §  1662. 
Pupils,  health  and  physical  development,  care  of,  p.  214,  §  1610, 
Pupils,  hours  they  can  be  kept  in  school,  p.  223,  §  1673. 
Pupils,  Indian,   money  from  national  government  for,  p.  201,  §  1543, 

subd.  17. 
Pupils,  Indians,   Chinese   or  Mongolian,   separate   schools  for,   p.   221, 

§  1662.  _  ■ 

Pupils  in  normal  schools,  standards  of  admission,  prescribing,  p.  192, 

§  1519. 
Pupils  in  normal    school,    transfer    of    from    one    school    to    another, 

p.  192,  §  1519. 
Pupils,  intermediate  school  course,  who  may  attend  and  tuition  for, 

p.  218, §  1617. 
Pupils,  kindergarten,    children    admitted   at   four    and    a    half    years, 

p.  214,  §  1'610;  p.  221,  §  1662. 
Pupils,  six  years  of  age,  not  admitted  under,  p.  214,  §  1610. 
Pupils,  suspension  or  expulsion  of,  power  of  and  grounds  for,  p.  214, 

§  1610. 
Pupils,  transportation  of,  p.  214,  §  1610. 
Sale  of  unoccupied  school  propertv,  power  of  and   procedure,  p.  219, 

§  16171/0. 
Secondary,  designation  of,  p.  225,  §  1720. 
Sessions,  daily,  duration  of,  p.  223,  §  1673. 


1532  INDEX. 

SCHOOLS  (Continued). 

Special  day  and  evening    classes,    enrollment    and    attendance    kept 

separately,  p.  221,  §  1662. 
Special  day  and  evening  classes,  establishing  in  connection  with  high 

schools,  p.  228,  §  1750c. 
Special  day  and  evening  classes,  establishment  of,  p.  221,  §  1662. 
Special  day  and  evening  classes,  open  to  what  pupils,  p.  221,  §  1662. 
State  board  of  education    authorized    to    close    schools    during    war, 

p.  1235,  Act  35S6k. 
State  board  of  education,   text-books,    compilation   and   printing   of, 

p.  196, §  1519b. 
State  board  of  education,    certificate    and    diplomas,    granting    and 

revocation  of,  p.   194,  §  1519a. 
State  board  of  education,  clerical  and  other  half,  p.  198,  §  1521. 
State  board  of  education,    compensation    and    expenses    of    members 

of,  p.  198,  §  1521. 
State  board  of  education,  general  powers  and  duties  of  enumerated, 

p.  192,  §  1519. 
State  board  of  education,  rules  and  regulations  of,  publication  and 

distribution  of,  p.  192,  §  1519. 
Superintendent,  city,  deputies    and    assistants,    appointment,    compen- 
sation and  term  of  office,  p.  212,  §  1609. 
Superintendent,  city,  employment  of,  p.  212,  §  1609. 
Superintendent,  county,   annual   report   of   daily   average   attendance, 

p.  206,  §  1551. 
Superintendent,  county,  boundaries  of  districts,  powers  as  to,  p.  206, 

§  1551. 
Superintendent,  .county,  duty  on  receiving  petition  for  formation  of 

school  district,  p.  207,  §  1578. 
Superintendent,   eountv,    general   powers   and    duties   of   enumerated, 

p.  201, §  1543. 
Superintendent,  county,   jurisdiction    where    district    situated   partly 

within  two  or  more  counties,  p.  205,  §  1543b. 
Superintendent,  county,    trustees,    duty    in     relation    to    election    of, 

p.  210,  §  1599. 
Superintendent,  county,   trustees,   to   fill   vacancies   in   board,   p.   209, 

§  1593. 
Superintendent,  district,  employment  of,  p.  212,  §  1609. 
Superintendent,  designation  of  where  new  district  partly  in  several 

counties  created,  p.  205,  §  1543b. 
Superintendents  of  public  instruction,  assistant,  not  subject  to  civil 

service  rules,  p.  192,  §  1519. 
Superintendents  of  public  instruction,  assistant,  number  of  and  ap- 
pointment of,  p.  192,  §  1519. 
Superintendents  of  public    instruction,    assistant,    qualifications    of, 

p.  192, §  1519. 
Superintendents  of  public    instruction,    assistant,    salaries    and    ex- 
penses of,  p.  198,  §  1521. 
Superintendent  of  public  instruction,   general   powers   and   duties   of 

enumerated,  ]).   199,  §  1532. 
Superintendent  of  public  instruction,  supervision  of  normal  schools, 

repeal  of  provision  relating  to,  p.  192,  §  1505. 
Superintendent  of  [)ublic  instruction,  text-books,  dutv  in  relation  to 

orders  for,  p.  201,  §  1534. 
Supervisors  of  subjects,    employment   and    compensation    of,    p.   212, 

5 1609. 


nsTDEx.  1533 

SCHOOLS  (Continued). 

Tax,  state,  repeal  of  provision  relating  to,  p.  342,  §  3719. 

Taxes  where  district  in  different  counties,  p.  237,  §  1891. 

Teachers,  appointment,  failure  to  signify  acceptance  of,  effect  of, 
p.  212, §  lti09. 

Teachers,  appointment  of  and  notice  of  to  superintendent,  p.  212, 
§  1609. 

Teachers,  certificates  entitled  to  teach  in  what  grades,  p.  233,  §  1775, 
subd.  5. 

Teacher,  certificate,  must  file  before  assuming  duties,  p.  223,  §  1696. 

Teachers,  certificate,  revoking  or  suspending,  p.  231,  §  1771,  subd.  6. 

Teachers,  charges  against  and  hearing  of,  p.  231,  §  1771,  subd.  6. 

Teachers,  deceased  annuitant,  collection  by  heirs  or  guardian  of  bal- 
ance due  from  teachers'  pension  fund,  p.  29,  §  1455. 

Teachers,  duties  of,  generally,  enumeration  of,  p.  223,  §  1696. 

Teacher  holding  certificate  below  grade  not  to  be  employed,  p.  201, 
§  1543,  subd.  16. 

Teachers,  home.     See   ante,  Home  Teachers,  this  title. 

Teachers  in  normal  school,  extra  compensation  where  giving  addi- 
tional instruction,  p.  190,  §  1489,  subd.  6. 

Teachers,  notices  that  services  no  longer  required,  p.  212,  §  1609. 

Teachers,  payment,  times,  terms  and  manner  of  payment,  p.  212, 
§  1609. 

Teachers,  payment  where  teacher  serves  less  than  full  term,  p.  212, 
§  1609. 

Teachers,  requisitions  for  text-books,  duty  to  make  out,  p.  225,  §  1696b. 

Teachers,  time  of  election  and  term  of  office,  p.  212,  §  1609. 

Technical,  classification  of,  p.  222,  §  1663. 

Text-book  appropriation,  claims  upon  for  expenses,  p.  198,  §  1519c. 

Text-books,  claims  for  royalty  and  costs  of  plates  or  copyright  mat- 
ter, p.  201,  §  1534. 

Text-books,  compilation  and  printing  of,  p.  196,  §  1519b. 

Text-books,  compiling  and  publishing  of  by  state  board  of  educa- 
tion, p.  192,  §  1519. 

Text-books,  cost  price  of  and  sale  of,  p.  196,  §  1519b,  subd.  6. 

Text-books,  duties  of  teachers  and  principals  to  make  out  requisitions 
for,  p.  225,  §  1696b. 

Text-books,  how  long  to  remain  in  force,  p.  196,  §  1519b,  subd.  3. 

Text-books  on  manual  training,  household  economics  and  vocational 
subjects,  p.  222,  §  1665. 

Text-books,  orders  for,  duty  of  superintendent  of  public  instruction, 
p.  201,  §  1534. 

Text-books,  power  of  heads  of  state  institutions  to  order,  p.  198, 
§  1519d. 

Text-books,  refusal  to  use,  punishment  for,  p.  196,  §  1519b,  subd.  4. 

Text-books,  sale  of  by  dealers,  p.  196,  §  1519b,  subd.  6. 

Text-books,  school  text-book  fund,  moneys  received  for  books  paid 
into,  p.  201, §  1534. 

Text-books,  state  school  book  fund,  claims  against  what  proper  and 
how  paid,  p.  198,  §  1519c. 

Text-books,  state  school  book  fund,  what  constitutes,  p.  198,  §  1519c. 

Text-books,  state,  enforcement  of  use  of,  p.  201,  §  1543,  subd.  6. 

Text-books,  state,  how  far  used,  p.  192,  §  1519. 

Text -books,  unfit,  disposition  of,  p.  196,  §  1519b,  subd.  6. 

Text-books,  uniform  use  of,  p.  196,  §  1519b,  subd.  3. 

Trustees,  appointment  of  and  filling  of  vacancies,  p.  201,  §  1543, 
subd.  13. 


1534  INDEX. 

SCHOOLS  (Continued). 

Trustees,  election  for,  duty  of  county  superintendent,  p.  210,  §  1599. 
Trustees,  election  for,  how  conducted  and  expenses  and  supplies  for, 

p.  210,  §  1599. 
Trustees,  election  for,  time  and  place  of  holding,  p.  209,  §  1593. 
Trustees,  elementary  school  districts,  contract  with  normal  school  for 

education  of  children,  p.  219,  §  1617b. 
Trustees,  general   powers  and   duties  of  enumerated,   p.   211,  §   1607; 

p.  212,  §  1608. 
Trustees,  meetings  of,  p.  211,  §  1607,  subd.  1. 

Trustees,  number  and  eligibility  of,  p.  209,  §  1593;  p.  210,  §  1603. 
Trustees,  on  organization  of  new  district,  p.  211,  §  1604. 
Trustees,  resignation  of,  how  made,  p.  211,  §  1605.  • 

Trustees,  school  districts  under  control  of  board  of,  p.  210,  §  1603. 
Trustees,  term  of  office  of,  p.  209,  §  1593;  p.  210,  §  1603a. 
Trustees,  vacancies,  county  superintendent  to  till  for  unexpired  term, 

p.  209, §  1593. 
Trustees,  vacancies,  how  caused,  p.  211,  §  1605. 
Trustees,  where  joint  school  district  formed,  p.  211,  §  1604. 
Vacation    schools,    establishment,    teachers,    courses    of    study,    etc., 

p.  220,  §  1619. 
Vocational   education,  acceptance   of   act   of   Congress  providing  for 

promotion  of,  p.  1236,  Act  3586  1. 
Vocational   education,   creating  fund  and   making  appropriation  for, 

p.  1236,  Act  3586  1. 
War,   state   board   of   education   authorized   to    close   schools   during, 

p.  1235,  Act  3586k. 
Whittier  State  School.     See  Whittier  State  School. 
Year,  beginning  and   ending  of,  p.  223,  §  1670. 
Year,  school,  commencement  and  end,  repeal  of  section  relating  to, 

p.  237,  §  1878. 

SEALS. 

Negotiable  instrument,  effect  of  seal  on,  p.  60,  §  3087. 

SEAWEED.     See  Kelp. 

SECEETARY  OF  STATE. 

Distribution  of  reports  of  decisions  by,  p.  162,  §  410. 

Laws,    journals   and   resolutions   of    legislature,    distribution    of    by, 

p.  162,  §  410. 
Reports  as  to  corporations  by  to  state  board  of  equalization,  p.  320, 

§  3666c. 

SECRETARY  OF  SUPERIOR  JUDGES.     See  Superior  .Judges. 
SECURITIES.      See  l'.onds. 

SECURITY. 

I '(■••ICC,  to  keep.     See  Peace. 

SENATE.  'See  Legisliilure;  ruifcd  Slates  Senate. 

SENTENCE.     See  Wliittier  State  School. 

Indeterminate,  discharge    on    serving    nuixiinnin    punislinu^nt,    p.    148, 

§  1168,  subd.  f. 
Indeterminate,    duration    of    imprisonnieiit    not    to   be    fixed,    p.    148, 

§  1168,  subd.  a. 


INDEX.  1535 

SENTENCE  (Contiuued). 

Indeterminate,  information  furnished  state  board  of  prison  directors 

as  to  prisoner,  p.  148.  §  llfiS,  subd.  c. 
Indeterminate,   length    of    term    after   expiration    of    ininimiun    term, 

p.  148,  §  1168,  subd.  d. 
Indeterminate,  minimum  and  maximum  term,  p.  148,  §  1168,  subd.  li. 
Indeterminate,  provision  relating  to,  p.  148,  §  1168. 
Indeterminate,  rules  and  regulations  as  to,  p.  148,  §  1168,  subd.  e. 
Judgment.     See  Judgment. 
Probationary  treatment.     See  Probation. 

SERVANTS.     See  Master  and  Servant. 

SEWAGE. 

Discharge  of  into  waters,  act  relating  to,  p.  1151,  Act  2830. 

SEWERS. 

Lease,  sewer  farm  and  sewage  of  city,  how  long  may  be  leased,  p.  54, 
§718. 

SEX.     See  Asexualization. 

SEXTONS. 

Duties  in  relation  to  registration  of  deaths,  p.  1358,  Act  43U2. 

SHAD.     See  Game  Laws. 

SHASTA  COUNTY. 

Assessor,  commissions  for  collection  of  personal  property  taxes  to  be 

paid  into  county  treasury,  p.  461,  §  4257,  subd.  7. 
Assessor,  deputies,  number,  appointment  and  salaries,  p.  461,  §  4257, 

subd.  7. 
Assessor,  salary,  p.  461,  §  4257,  subd.  7. 
Auditor,   charges   for   making  estimates   of  tax  sale   and   disposition 

of,  p.  461,  §  4257,  subd.  4. 
Auditor,  deputy,  appointment  and  salary,  p.  461,  §  4257,  subd.  4. 
Auditor,  salary  of,  p.  461,  §  4257,  subd.  4. 
Classifieation  of  townships  in,  p.  461,  §  4257,  subd.  13. 
Constables,  classification  of  townships  for  purpose  of  regulating  sal- 
aries, p.  461,  §  4257,  subd.  13. 
Constables,  fees,  what  may  charge,  p.  461,  §  4257,  subd.  15. 
Constables,  population,  how  ascertained  for  purpose  of  fixing  salaries, 

p.  461,  §  4257,  subd.   16. 
Constables,  salaries,  expenses,  fees  and  mileage,  p.  461,  §  4257,  subd.  15. 
Coroner,  fees  of,  p.  461,  §  4257,  subd.  9. 
County   clerk,    deputy,    appointment    and    salary    of,    p.   461,   §  4257, 

subd.  1. 
County  clerk,  increase  of  deputies  on  increase  of  judges,  p.  461,  §  4257, 

subd.  1. 
County  clerk,  salary  and  allowances,  p.  461,  §  4257,  subd.   1. 
District  attorney,  allowance   of  fifteen  dollars  each   on   certain  suits 

brought,  p.  461,  §  4257,  subd.  8. 
District  attornev,  deputy,  appointment  and  salary  of,  p.  461,  §  4257, 

subd.  8. 
District  attorney,  salary  of,  p.  461,  §  4257,  subd.  8. 
Fees,  officers    to    demand    payment    of    in    advance,    p.    461,  §  4257, 

subd.  16. 
Fees  of  grand  and  trial  jurors  in,  p.  1237,  Act  3608. 


1536  INDEX. 

SHASTA  COUNTY   (Continued). 

Jurors,  graud,  compensation  and  mileage,  p.  461,  §  4257,  subd.  18. 
Jurors,  trial,  compensation  and  mileage  of,  p.  461,  §  4257,  subd.  18. 
Justices,   classification   of   townships   for   purpose   of   regulating   sal- 
aries, p.  461,  §  4257,  subd.  13. 
Justices,  fees,  what  may  charge,  p.  461,  §  4257,  subd.  14, 
Justices,  payment  of  collections  into  treasury,  p.  461,  §  4257,  subd.  16. 
Justices,  salaries,  allowances  and  fees  of,  p.  461,  §  4257,  subd.  14. 
Justices,  salary,   population,   how   determined   for   purpose   of   fixing, 

p.  46.1,  §  4257,  subd.  16. 
Population,  how  ascertained,  p.  461,  §  4257,  subd.  16. 
Public  administrator,  fees  of,  p.  461,  §  4257,  subd.  10. 
Eecorder,  salary  of,  p.  461,  §  4257,  subd.  3. 
Sheriff,  increase    of   deputies    on   increase    of   judges,    p.    461,  §  4257, 

subd.  2. 
Sheriff,  salary  and  fees,  p.  461,  §  4257,  subd.  2. 

Sheriff,  salary  includes  salary  of  under-sheriff,  p.  461,  §  4257,  subd.  2. 
Sheriff,  under  sheriff,  appointment  and  salary,  p.  461,  §  4257,  subd.  2. 
Superintendent  of  schools,  clerk,  appointment  and  salary  of,  p.  461, 

§  4257,  subd.  11. 
Superintendent    o*   schools,    salary   and    expenses   of,    p.    461,  §  4257, 

subd.  11. 
Supervisors,  salary  and  mileage  of,  p.  461,  §  4247,  subd.  17. 
Surveyor,  compensation  and  expenses  of,  p.  461,  §  4257,  subd.  12. 
Tax  and  license  collector,  deputy,  appointment  and  salary  of,  p.  461, 

§  4257,  subd.  6. 
Tax  and  license  collector,  salary  and  fees  of,  p.  461,  §  4257,  subd.  6. 
Treasurer,  commissions  for  collection  of  inheritance  taxes  to  be  paid 

into  county  treasury,  p.  461,  §  4257,  subd.  5. 
Treasurer,  salary  of,  p.  461,  §  4257,  subd.  5. 

SHEEP. 

Inspection  of  sheep  slaughtered  for  food,  p.  715,  Act  1206. 

SHEETS. 

Bed.     See  Hotels. 

SHELLFISH.     See  Fish;  Game  Laws. 

SHERIFF. 

Action  a<iainst  for  personal  ])ropcrty  seized.     See  Claim  and  Delivery. 
Limitation  of  actions  against,  p.  10,  §  339. 

SHIPPING. 

Nautical  school.     See  Nautical  School. 

SHORE  BIRD.     See  Game  Laws. 
SHREWS.     See  Game  Laws. 
SHRIMP.     See  Game  Laws. 
SIGNAL  CORPS.     See  National  Guard. 

SIGNATURE. 

Negotiable  instrument,  to.     Sec  Negotiable  Instruments. 

SIGNS. 

Highways,  signs  or  signboards  on,  tearing  down  or  mutilating  a  mis- 
demeanor,  p.   110,   §  602. 

Tearing  flown  or  injuring  signs  forbidding  shooting  a  misdemeanor, 
p.  nn,  §602. 


INDEX.  1537 

SISKIYOU  COUNTY. 

Assessor,    commissious   and    fees   to   be   paid  into   county   treasury, 
Assessor,  deputies  and  clerks,  number,  appointment,  salaries  and  eom- 

p.  466,  §  4258,  subd.  7. 

pensation,  p.  466,  §  4258,  subd.  7. 
Assessor,  salary  of,  p.  466,  §  4258,  subd.  7. 

Auditor,  clerk  for,  ajipointment  and  salary,  p.  466,  §  4258,  subd.  4. 
Auditor,  salary  of,  p.  466,  §  4268,  subd.  4. 
Constables,  salaries  and  expenses,   of,  p.  4258,  subd.  14. 
Constables,  salaries  of  are  in  full  compensation  for  services,  p.  466, 

§  4258,  subd.  14. 
Coroner,  fees  of,  p.  466,  §  4258,  subd.  9. 
County  clerk,  clerk  for,  appointment  and  salary   of,  p.  466,   §  4258, 

subd.   1. 
County  clerk,  salary  of,  p.  466,  §  4258,  subd.  1. 
District  attorney,  clerk  for,  appointment  and  salary,  p.  466,  §  4258, 

subd.  8. 
District  attorney,  salary  of,  p.  466,  §  4258,  subd.  8. 
Jurors,  grand,  compensation  and  mileage  and  how  audited  and  paid, 

p.  466,  §  4258,  subd.  17. 
Jurors,  trial,  compensation  and  mileage  and  how  audited  and  paid, 

p.  466,  §  4258,  subd.  17. 
Justices,  monthly  reports,  to  make,  p.  466,  §  425S,  sul^d.  13. 
Justices,  salaries  of,  p.  466,  §  4258,  subd.  13. 

Justices  to  pay  fines  to  treasurer  monthly,  p.  466,  §  4258,  subd.  13. 
Justices,   poi^ulation   of   townships,    how   determined   for  purpose   of 

fixing  salaries,  p.  466,  §  4258,  subd.  13. 
Official  reporter,  salary  and  fees,  p.  466,  §  4258,  subd.  16. 
Public  administrator,  fees  of,  p.  466,  §  4258,  subd.  10. 
Eecorder,  salary  of,  p.  466,   §  4258,  subd.  3. 
Sheriff,  salary  of,  p.  466,  §  4258,  subd.  2. 
Superintendent,   clerk   for,   appointment   and   salary,   p.   466,    §  4258, 

subd.  11. 
Superintendent   of   schools,   salary   and   expenses   of,   p.   466,    §  4258, 

subd.   11. 
Supervisors,  meetings  of,  p.  466,  §  4258,  subd.  15. 
Supervisors,  salary  and  mileage,  p.  466,  §  4258,  subd.  15. 
Surveyor,  deputy,  appointment  and  salary,  p.  452,  §  4255,  subd.  12. 
Surveyor,  duties  of,  p.  466,  §  4258,  subd.  12. 
Surveyor,  duty   of   supervisors   to   employ  for   county   work,   p.   466, 

§  4258,  subd.  12. 
Surveyor,  salary,  expenses  and  fees  of,  p.  466,  §  4258,  subd.  12. 
Tax  collector,  deputy   for,   appointment   and   salary,   p.   466,    §  4258, 

subd.   6. 
Tax  collector,  salary  and  fees  of,  p.  466,  §  4258,  subd.  6. 
Treasurer,  salary  of,  p.  466,  §  4258,  subd.  5. 

SKUNKS.     See  Game  Laws. 

SLAUGHTER-HOUSES. 

Inspection  of  animals  slaughtered  for  food,  p.  715,  Act  1206. 

SLEEPING-CAR  COMPANIES. 

Franchise   tax   for   state    purposes   on.     See    State  Board    of    E(jualiza- 
tion. 
!)7 


1538  INDEX. 

SMELTERS. 

Kepeal   of   act   for  investigation   of   effect   of  fumes   on   animal   and 
vegetable  life,  p.  1238,  Act  3670. 

SNIPE.     See    Game    Laws. 

SOCIAL   ASSOCIATIONS.     See    Religious,    Social   and   Benevolent    Cor- 
porations. 

SOCIAL  INSURANCE. 

Commission  to  investigate  and  advise  as  to  adoption  of  system  of, 
p.  S76,  Act  1672  1. 

SOCIETIES.     See    Benefit    Societies;    Keligious,    Social    and    Benevolent 
Corporations. 

SOLANO  COUNTY. 

Assessor,  deputy,  appointment  and  salary,  p.  4:26,  §  4247,  subd.  7. 
Assessor,  salary,  commissions  and  fees  of,  p.  426,  §  4247,  subd.  7. 
Auditor,  deputy,  appointment  and  salary,  p.  426,  §  4247,  subd.  4. 
Auditor,  salary  of,  p.  426,  §  4247,  subd.  4. 

Board  of  education,  mileage  of  members  of,  p.  426,  §  4247,  subd.  16. 
Constables,  population  of  townships,  how  ascertained  for  purpose  of 

fixing  compensation,  p.  426,  §  4247,  subd.  14. 
Constables,  salaries  and  fees  of,  p.  426,  §  4247,  subd.  14. 
Coroner,  fees  of,  p.  426,  §  4247,  subd.  9. 

County  clerk,  copyist,  appointment  and  salary,  p.  426,  §  4247,  subd.  1. 
County  clerk,  deputies,  p.  426,  §  4247,  subd.  1. 
County  clerk,  salary,  fees  and  allowance,  p.  426,  §  4247,  subd.  1. 
District  attorney,  salary  of,  p.  426,  §  4247,  subd.  8. 
District  attorney,  stenographer,    appointment    and    salary,    p.    426, 

§  4247,  subd.  8. 
Fees,  what  to  be  paid  into  treasury,  p.  426,  §  4247,  subd.  17. 
Justices,  fees,  salaries  and  expenses,  p.  426,  §  4247,  subd.  13. 
Justices,  fines  to  pay  treasurer  monthly,  p.  426,  §  4247,  subd.  13. 
Probation  officers  and  assistants  and  salaries  of,  p.  955,  Act  1779a, 

subd.  19i. 
Public  administrator,  salary  of,  p.  426,  §  4247,  subd.  10. 
Eeeorder,  copyists,    appointment    and    compensation,    p.    426,    §  4247, 

subd.  3. 
Recorder,  deputy,  appointment  and  salary,  p.  426,  §  4247,  subd.  3. 
Recorder,  salary  of,  p.  426,  §  4247,  subd.  3. 
Salaries  are  in  full  com])ensation  except  in  case  of  assessor,  p.  426, 

§  4247,  subd.  17. 
Sheriff,  jailer  and  deputv,  appointment,  duties  and  salaries,  p.  426, 

§  4247,  subd.  2. 
Sheriff,  salary,  fees  and  commissions,  p.  420,  §  4247,  subd.  2. 
Superintendent  of  schools,  assistant,  appointment  and  salarv,  p.  426, 

§  4247,  subd.  11. 
Superintendent    of   scliools,   salarv    and   expenses   of,   p.   426,    §  4247, 

subd.  n. 
Supervisors,  salary,  mileage  and  expenses,  p.  426,  §  4247,  subd.  15. 
Surveyor,  salary  and  expenses  of,  p.  426,  §  4247,  subd.  12. 
Tax    collector,    deinity,    appointment    and    salary    of,    p.    426,    §4247, 

subd.  6. 
Tax  collector,  salary  of,  p.  426,  §  4247,  subd.  6. 

Treasurer,  dejiuty,  ap[)ointment  and  salary,  p.  426,  §  4247,  subd.  5. 
Treasurer,  salary  of,  p.  426,  §  4247,  subd.  5. 


INDEX.  1539 

SOLDIERS  AND  SAILORS.     See  Xational  Guard. 

Acqiiiriug  laud  by  eouiities  for  army  camps  and  conveying  to  United 

States,  p.  643,  Act  806. 
Burial  of  ex-LJnion  soldiers,  sailors  and  marines  dying  without  means, 

p.  1238,  Act  3693.  » 

Care  of  graves  of  soldiers,  sailors  and  marines,  p.  1239,  Act  3693a. 
License  tax,  exemption  of  honorably  discharged  soldiers  from,  p.  281), 

§  3366. 
State    defense    guard,    creation,    control,    compensation    and    duties, 

p.  1060,  Act  2203. 

SONOMA  COUNTY. 

Assessor,  allowance    for    making    out    military-roll,    p.    385,   §  4239, 

subd.  7. 
Assessor,  deputies,   number   of   and   appointment   of,   ji.   385,    §   4239, 

subd.  7. 
Assessor,   deputies,   salaries   paid    out   of   compensation    of    assessor, 

p.  385,  §  4239,  subd.  7. 
Assessor,   revenue   and    taxation    deputy,   salary    of,    p.    385,    §  4239, 

subd.  7. 
Assessor,  salary  of,  p.  385,  §  4239^  subd.  7. 
Assessor,  to  receive  six  per   cent   of  personal  property  tax,   p.   385, 

§4239,  subd.   7. 
Auditor,    deputy,    appointment    and    compensation,    p.    385,    §    4239, 

subd.  4. 
Auditor,  expenses  in  making  extensions  of  assessments  and  tax-rolls 

to  be  paid  out  of  salary,  p.  385,  §  4239,  subd.  4. 
Auditor,  salary  of,  p.  385,  §  4239,  subd.  4. 
Boundary  between  and  Mendocino  county,  establishment  of,  p.  646, 

Act  826a. 
Constables,  population  of  townships,  how  ascertained,  p.  385,  §  4239, 

subd.  14. 
Constables,  salaries,  fees  and  mileage  of,  p.  385,  §  4239,  subd.  14. 
Coroner,  fees  of,  p.  385,  §  4239,  subd.  9. 
County    clerk,    deputies,   appointment,   number   and   salaries,   p.   385, 

§4239,  subd.  1. 
County  clerk,  copyist,  appointment  and  salary,  p.  385,  §  4239,  subd.  1. 
County  clerk,  salary  of,  p.  385,  §  4239,  subd.'l. 
District  attorney,  deputy  and  stenographer,  appointment  and  salaries, 

p.  385,  §  4239,  subd.  8, 
District  attorney,  salary  of,  p.  385,  §  4239,  subd.  8. 
Jurors,  grand,  fees  and  mileage,  p.  385,  §  4239,  subd.  17. 
Jurors,  in  justices'  courts,  fees  and  mileage,  p.  385,  §  4239,  subd.  17. 
Jurors,  trial,   in    superior    court,    fees    and    mileage,    p.    385,    §  4239, 

subd.   17. 
Justices,  fines  to  be  paid  to  treasurer  monthlv,  p.  385,  §  4239,  subd. 

13. 
Justices,  i)Opulatiou   of   townships,   how   ascertained,    p.   385,    §  4239, 

subd.  13. 
Justices,  salaries  and  fees,  p.  385,  §  4239,  subd.  13. 
Public  administrator,  fees  of,  p.  385,  §  4239,  subd.  10. 
Eecorder,  deputies,  appointment,  number  and  salaries,  p.  385,  §  4239, 

subd.   3. 
Recorder,  salary  of,  p.  385,  §  4239,  subd.  3. 
Salaries,  not  otherwise  provided  for,  how  paid,  p.  385,  §  4239,  subd. 

16. 
Sheriff,  deputies,  number,  appointment  and  salaries,  p.  385,   §  4239, 

subd.  2. 


1540  INDEX. 

SONOMA  COUNTY   (Continued). 

Sheriff,  matron,  appointment  and  salary  of,  p.  385,  §  4239,  subd.  2. 
Sheriff,  salary,  fees  and  mileage  of,  p.  385,  §  4239,  subd.  2. 
Superintendent   of   schools,  deputy,  appointment  and   salary,   p.   385, 

§  4239,   subd.   IJ. 
Superintendent  of  schools,  salary  and  expenses,  p.  385,  §  4239,  subd. 

11. 
Supervisors,  compensation  and  mileage,  p.  385,  §  4239,  subd.  15. 
Supervisors,  compensation    as    road    commissioners,    p.    385,    §  4239, 

subd.  15. 
Surveyor,  deputy,    appointment    and    compensation,    p.    385,    §  4239, 

subd.  12. 
Surveyor,  maps  or  block-books  for  assessor,  preparation  of  out  of  his 

own  compensation,  p.  385,  §  4239,  subd.  12. 
Surveyor,  salary,  fees  and  expenses  of,  p.  385,  §  4239,  subd.  12. 
Tax  collector,  deputies,  number  and  appointment  of,  p.  385,   §  4239, 

subd.  6. 
Tax  collector,  deputies,  salaries  paid  from  compensation  of  tax  col- 
lector, p.  385,  §  4239,  subd.  6. 
Tax   collector,   deputy,   what   to  be   paid   by   county,   p.   385,    §  4239, 

subd.  6. 
Tax  collector,  salary  and  fees,  p.  385,  §  4239,  subd.  6. 
Tax  collector,  stenographer,  appointment  and  salary  of,  p.  385,  §  4239, 

subd.  6. 
Treasurer,  deputy,  appointment  and  salary  of,  p.  385,  §  4239,  subd.  5. 
Treasurer,  salary  and  fees  of,  p.  385,  §  4239,  subd.  5. 

SOUTHERN  CALIFORNIA. 

University  of,  repeal  of  section  admitting  graduates  to  practice  law 
without  examination,  p.  9,  §  280b. 

SPARROWS.     See  Game  Laws. 

SPECIAL  ADMINISTRATORS.     See  Executors  and  Administrators. 

SPECIAL  COUNSEL. 

Eight  of  state  officers  or  commissions  to  employ,  p.  164,  §  472. 

SPIKE  BUCK.     See  Game  Laws. 

SPOTTED  FAWN.     See  Game  Laws. 

SQUIRRELS.     See  Game  Laws. 

Destruction  of,  provision  for,  p.  262,  §  2322. 

Places  infested  with,  abatement  of  nuisance,  p.  265,  §  2322a. 

Places  infested  witli  dechired  a  public  nuisance,  p.  265,  §  2322a. 

STANFORD  UNIVERSITY.     Sep  Leland  Stanford  Junior  University. 

STANISLAUS  COUNTY. 

Assessor,  deputies,   :i|i|jiMiitiiHMit,   duties   and   salaries,   p.  447,   §4254, 

subd.  7. 
.Assessor,    salary,    fees    iukI    iMnuuiissions    and    allowances    of,    p.    447, 

§  4254,  sub'd.  7. 
Auditor,  deputies,   iiuniber,   ajipdiiit  uieiit    and    salary,   p.   447,    §4254, 

subd.  4. 
Auditor,  salary  of,  p.  447,  §  4254,  subd.  4. 
Constables,  classification  of  lowiiships  for  ]>uri)0se  of  fixing  salaries, 

]..  147,  §  4251,  subd.  13. 


INDEX.  1541 

STANISLAUS  COUNTY   (Contiuued). 

Constables,  salaries,  fees,  mileage  and  expenses  of,  p.  447,   §  4254, 

subd.  14. 
Coroner,  fees  of,  p.  447,  §  4254,  subd.  9. 
County  clerk,  allowances  of,  p.  447,  §  4254,  subd.  1. 
County  clerk,  deputies,    appointment    and    salaries,    p.    447,    §  4254, 

subd.  1. 
County   clerk,   deputy,   chief,   to   prepare   deeds   for   county    witliout 

extra  cost,  p.  447,  §  4254,  subd.  1. 
County  clerk,  salary  of,  p.  447,  §  4254,  subd.  1. 
County  clerk,  stenographer,  appointment  and  salary,  p.  447,   §  4254, 

subd.  1. 
District   attorney,   deputy,   appointment   and   salary,   p.   447,    §    4254, 

subd.   8. 
District  attorney,  salary  of,  p.  447,  §  4254,  subd.  8. 
Jurors,  grand,  fees  and  mileage,  p.  447,  §  4254,  subd.  17. 
•Jurors,  trial,  fees  and  mileage,  p.  447,  §  4254,  subd.  17. 
Justices,  classification  of  townships  for  purpose  of  fixing  salaries  of, 

p.  447,  §  4254,  subd.  13. 
Justices,  fines  to  be  paid  to  treasury  monthly,  p.  447,   §  4254,  subd. 

13a. 
•Justices,  office  hours,  p.  447,  §  4254,  subd.  13a. 
•Justices,  office  rent,  allowance  for,  p.  447,  §  4254,  subd.  13a. 
•Justices,  salaries  and  fees  of,  p.  447,  §  4254,  subd.  i;?a. 
Probation  officer  and  salary  of,  p.  956,  §  190,  Act  1770a. 
Public  administrator,  fees  of,  p.  447,  §  4254,  subd.  10. 
Recorder,  fees,  what  proportion  to   i>ay  to  treasury   and  what  may 

keep,  p.  447,  §  4254,  subd.  3. 
Recorder,  salary  of,  p.  447,  §  4254,  subd.  3. 

Sheriif,   deputies  and  copyists,  number,  appointment  and  compensa- 
tion, p.  447,  §  4254,  subd.  3. 
Sheriff,  salary,  fees,  commissions  and  mileage,  p.  447,  §  4254,  subd.  2. 
Superintendent  of  schools,   deputy,  appointment  and  salary,  p.  447, 

§  4254,  subd.  11. 
Superintendent  of  schools,  salary  and  expenses,  p.  447,  §  4254,  subd.  11. 
Supervisors,  mileage  for  services  as  road  overseers,  p,  447,   §  4254, 

subd.  15. 
Supervisors,  salaries  and  mileage  of,  p.  477,  §  4254,  subd.  15. 
Suveyor,  additional  assistance  for,  p.  447,  §  4254,  subd.  12. 
Surveyor,  deputy  and  clerk,  appointment  and  salaries,  p.  447,  5  4254, 

subd.  12. 
Survevor,  deputy  and  draftsman,   appointment  and  salaries,   p.  447, 

§4254,  subd.  12. 
Surveyor,  duties  of,  p.  447,  §  4254,  subd.  12. 
Surveyor,  office  hours,  p.  447,  §  4254,  subd.  12. 

Surveyor,  salary,  expenses  and  allowances  of,  p.  447,  §  4254,  subd.  6. 
Tax  collector,  deputy,  appointment  and  salary,  ]>.  447.  §  4254,  subd.  6. 
Tax  collector,  salary,  fees  and  commissions  of,  p.  447,  §  4254,  subd.  6. 
Townships,    classification    and    consolidation    of    townships,    p.    447, 

§  4254,  subd.  13. 
Treasurer,  salary,  fees  and  commissions,  p.  447,  §  4254.  subd.  5. 
Witnesses,  fees  and  mileage  of,  p.  447,  §  4254,  subd.  16. 
"Vt-'itness   unnecessarily   subpoenaed,   court   may  disallow   fee,   p.   447, 

§  4254,  subd.  16.  ' 

STATE. 

Acceptance  from  United  States  of  cession  of  portion  of  Presidio,  San 
Francisco,  p.  1355,  Act  4219. 


1542  INDEX. 

STATE  (Coutinued). 

Acceptance  of  act  of  congress  for  promotion  of  vocational  education, 
p.  1236,  Act  35861. 

Assent  of  to  act  of  congress  providing  aid  in  construction  of  rural 
post  roads,  p.  799,  Act  1467a. 

Appropriation  to  pay  assessment  against  for  construction  or  mainte- 
nance of  highways,  p.  764,  Act  1447a. 

Bequests  to,  no  restrictions  upon,  p.  54,  §  1313. 

Bonds,  bid  for,  no  assurance  to  be  required  from  state,  p.  178,  §  678. 

Co-operation  between  and  United  States  for  storage  of  water  for  irri- 
gation, p.  917,  Act  17321. 

County  treasurer,  expenses  of  in  settlement  with  state  treasurer  for 
taxes  due  county  from  state,  p.  340,  §  3671a. 

Escheat  to.     See  Escheat. 

Franchise  tax  for  state  purposes.     See  State  Board  of  Equalization. 

Eailroad  taxes,  reimbursement  of  counties  for  loss  of  on  separation 
of  state  and  county  taxes,  p.  339,  §  3671. 

Suits  against  to  quiet  title  authorized,  p.  1239,  Act  3796a. 

Taxes  for  support  of  for  sixty-ninth  and  seventieth  fiscal  years,  levy 
and  collection  of,  p.  1313,  Act  4067  i. 

Tax,  levy  of  to  meet  deficiency  in  state  revenue,  p.  340,  §  3671c. 

STATE  BOARD  OF  CONTKOL.     See  Board  of  Control. 
STATE  BOAED  OF  EDUCATION".     See  Schools. 

SOfATE  BOARD  OF  EQUALIZATION. 

Appeal  to  from  lew  of  percentage,  right  of  and  proceedings  on, 
p.  313,  §  3665a. 

Assessment,  application  to  bv  companies  for  corrections  in,  p.  323, 
§  3668. 

Assessment  by  assessor  of  property  taxed  exclusively  for  state  pur- 
poses, proceedings  in  case  of,  p.  337,  §  3670'b. 

Assessment,  duplication  of,  cancellation  of  assessment,  p.  327,  §  3669. 

Assessments,  errors  in,  what  do  not  invalidate,  p.  323,  §  3668. 

Assessments  for  gtate  taxes,  record  of  dutv  to  keep  and  what  to  show, 
p.  325,  §  3668a. 

Assessments  for  state  taxes,  record  of,  certificate  to  and  delivery  to 
controller,  p.  325,  §  3668a. 

Assessment  of  banks  generally,  p.  323,  §  3668. 

Assessment  of  banks  in  liquidation,  p.  323,  §  3668. 

Assessment  of  companies  whose  franchises  subject  to  taxation,  duties 
in  relation  to,  p.  323,  §  3668. 

Assessments  of  real  estate  owned  bv  banks,  reduction  of,  p.  335, 
§  3670. 

Assessment  of  real  estate  owned  by  insurance  comiiaiues,  reduction 
of  by,  p.  336,  §  3670a. 

Assessment  on  companv  whose  charter  or  right  lo  do  business  is  for- 
feited, cancellation  of,  p.  327,  §  3369,  subd.  4. 

Assessment-rolls  of  assessors,  copies  to  be  sent  to,  p.  337,  §  3670b. 

Assessment-roll,  segregation  of  assessments  on  by  assessors,  p.  337, 
§  3670b. 

Assessment,  void,  action  to  recover  taxes  paid,  p.  328,  §  3669a. 

Assessment,  void,  levy  and  collection  of  tax  in  case  of,  p.  329,  §  36691). 

Assessment,  void,  reassessment  in  case  on.  p.  .'12i),  §  3(i69b. 

Assessor  or  auditor,  re])orfs  l)y  as  fo  xalntilion  of  property  of  com- 
|)aiii('H  subject   lo  Msscssnicnl  on   f ranrlnscs,  p.  322,  §  3667a. 


INDEX.  1543 

STATE  BOARD  OF  EQUALIZATION  (Continued). 

Auditors  to  rt']juit  value  of  Jaud  bcdongiiig  to  banks,  p.  335,  §  3670. 
Banks,   franchise   tax   on   for   state    purposes,    provisions   relating   to, 

p.  310,  §  3064;  p.  311,  §  3664e;  p.  313,  §  3665a;  p.  320,  §  3066b. 
Banks  must  report  to  annually,  p.  320,  §  3666b. 
Banks,   report   of   to,  form   of,   how   prepared   and   what   to   contain, 

p.  320,  §  3666b. 
Banks,  report  of  to,  time  to  make,  p.  320,  §  3666b. 
Banks,  report  to,  who  to  make,  p.  320,  §  3606b. 
Building  and  loan  associations  not  included  in  franchise  tax  for  state 

purposes,  p.  311,  §  3664c. 
Car-loaning  companies,  franchise  tax  on  for  state  purpose,  provisions 

relating  to,  p.  310,  §§  3664,  3664a;  p.  313,  §  3665a;  p.  314,  §  3665b; 

p.  316,  §  3665e;  p.  318,  §  3666. 
Companies  taxed  exclusivelj'  for  state  purposes  enumerated,  p.  310, 

§  3664. 
Companies  taxed  exclusively  for  state   purposes,   tax  levied   and   as- 
sessed by,  p.  310,  §  3664. 
"Companies"   taxed   for   state   purposes    exclusively    defined,   p.    310, 

§  3664. 
Corporations,  reports  as  to  by  secretary  of  state,  p.  320,  §  3666c. 
Dining-car  companies,  franchise  tax  on  for  state  purposes,  provisions 

relating  to,  p.  310,  §§  3664,  3664a;  p.  313,  §  3665a;  p.  314,  §  3665b; 

p.  316,  §  3665e;  p.  318,  §  3666. 
Drawing-room   car   companies,   franchise   tax   on    for   state   purposes, 

provisions  relating  to,   p.   310,  §§  3664,   3664a;    p.   313,  §  3665a; 

p.  314,  §  3665b;   p.  316,  §  3665c;   p.  318,  §  3666. 
Electricity    corporations,    franchise    tax    on    for    state    purposes,   pro- 
visions relating  to,  p.  310,  §§  3664,  3664a;  p.  313,  §  3665a;  p.  314, 

§  3665b;   p.  316,  §  3665c;  p.  318,  3666. 
Express   companies,   franchise   tax   on  for   state   purposes,   provisions 

relating  to,  p.  310,  §§  3664,  3664a;  p.  313,  §  3665a;  p.  314,  §  3665b; 

p.  316,  §  3665c;  p.  318,  §  3666. 
Franchises  include  what  privileges,  p.  313,  §  3664d. 
Franchises  other  than  those  specifically  provided  for,  how  assessed, 

p.  313,  §  3664d. 
Franchise  tax,  general  powers  and  duties  in  relation  to  enumerated, 

p.  344,  §  3669e. 
Franchise  tax  in  lieu  of  other  taxes,  p.  310,  §  3664a;  p.  311,  §§  3664b, 

3664c. 
Franchise  tax  on  companies,  collection  of.     See  Franchises. 
Franchise,    taxation    of,    "gross    receipts    from    operation,"    defined, 

p.  313,  §  3665a. 
Franchises,  taxation  of,  gross  receipts,  deduction  from,  p.  313,  §  3665a. 
Franchises,  taxation  of  gross  receipts  from  operation,  what  included 

in,  p.  313,  §  3665a. 
Franchises,    taxation    of,    gross   receipts,   income    from    nonoperative 

property  not  included  in,  p.  313,  §  3665a. 
Franchises,  taxation  of,  no  release  or  exemption  because  of  privileges 

granted  by  city  authorities,  p.  313,  §  3665. 
Franchises,   taxation    of,   operative    property    includes   what,   p.    314, 

§  3665b. 
Franchises,  taxation  of,  operative  property,  rules  and  instructions  for 

guidance  of  assessors  in  determining,  p.  314,  §  3665b. 
Franchises,  tax  on,  payment  and  collection  of.     See  Franchises. 
Franchises,  valuation  of  how"  ascertained,  p.  321,  §  3667. 


1544  INDEX. 

STATE  BOARD  OF  EQUALIZATION  (Continued). 

Fruit-ear  companies,  franchise  tax  on  for  state  purposes,  provisions 

relating  to,  p.  310,  §§  3664,  3664a;  p.  313,  §  3665a;  p.  314,  §  3665b; 

p.  316,  §  3665c;  p.  318,  §  3666. 
Gas  companies,  franchise  tax  on  for  state  purpose,  provisions  relating 

to,  p.  310,  §§  3664,  3664a;  p.  313,  §  3665a;  p.  314,  §  3665b;  p.  316, 

§  3665c;  p.  318,  §3666. 
Information  obtained  by  members  or  employees  not  to  be  divulged, 

p.  334,  §  3669e. 
Insurance  commissioner,  must  report  to,  p.  319,  §  3666a. 
Insurance  commissioner,  report  of,  what  to  show,  p.  319,  §  3666a. 
Insurance  commissioner,  time  to  report,  p.  319,  §  3666a. 
Insurance  companies,  franchise  tax  on  for  state  purposes,  provisions 

relating  to,  p.  310,  §  3664;  p.  311,  §  3664b;  p.  313,  §  3665a;  p.  319, 

§  3666a. 
Meetings  of,  where  held,  p.  323,  §  3668. 
Meetings,  time  of  holding,  p.  323,  §  3668. 
Nonoperative    property,    finding    of    in    report    and    proceedings    on, 

p.  318,  §  3666. 
JSTonoperative  property,  report  of  to  board  by  assessor  and  proceed- 
ings on,  p.  318,  §  3666. 
Oil  car  companies,  franchise  tax  on  for  state  purposes,  provisions  re- 
lating to,  p.  310,  §§  3664,  3664a;  p.  313,  §  3665a;  p.  314,  §  3665b; 

p.  316,  §  3665c;  p.  318,  §  3666. 
Palace  car  companies,  franchise  tax  on  for  state  purposes,  provisions 

relating  to,  p.  310,  §§  3664,  3664a;  p.  313,  §  3665a;  p.  314,  §  3665b; 

p.  316,  §  3665c;  p.  318,  §  3666. 
Partially  operative  and  partially  nonoperative  property,  finding  of  in 

report  and  proceedings  on,  p.  318,  §  3666. 
Partially  operative  and  partially  nonoperative  property,  report  as  to 

by  assessor  and  proceedings  on,  p.  318,  §  3666. 
Payment  by   controller  to   cities,   counties   or   cities   and   counties  of 

taxes    necessary   to    pav    bonded    indebtedness,    p.    337,  §  3610b; 

p.  338,  §  3670c. 
Eailroads,  franchise  tax  on  for  state  purposes,  provisions  relating  to, 

p.   310,  §§3664,    3664a;    p.    313,  §  3665a;    p.    314,  §  3665b;    p.   316, 

§  3665c;  p.  318,  §  3666. 
Eefrigerator  companies,  franchise   tax  on   for  state   purposes,   provi- 
sions relating  to,   p.  310,  §§  3664,  3664a;   p.  313,  §  3665a;.  p.  314, 

§  3665b;  p.  316,  §  3665c;  p.  318,  §  3666. 
Keports,  annual,  to,  by  corporations,  proceedings  in  case  of  subsidiary 

companies,  p.  316,  §  3665c. 
Reports,  annual,  to,  by  corporations,  time  of  filing,  p.  316,  §  3665c. 
Reports,  annual,  1o,  bv   cori)orati(ins,   what   niav  be  required,   p.  316, 

§  3665c. 
Keports,  annual,  to,  by  corporations,  what  to  coiitain,  p.  316,  §  3665c. 
Report,  failure  to  file,  penalty  for,  ]>.  323,  §  3667b. 
Report,  failure  to  file,  proceeflings  in  case  of,  )).  323,  §  3()(i7b. 
Kcport,   false  statcnnent  in,  punishment   for,  p.  323,  §  3()(i7b. 
i{(!ports  to  l)y  com])anies  subject   to  franchise  tax,  extension   of  time 

to  file,  p.  323,  §  3667c. 
Reports  to,  holders  of  franchises,  by,  time  to  itialvc,  p.  321,  §  3667. 
d'cjiorls   to,  holders  of  franchises,  by,  form   of  and   what   to   contain, 

],.   321,  §  361)7. 
Heports  to,  IkiMcis  of  franchises,  must  make  annually,  p.  321,  §  3667. 


INDEX.  1545 

STATE  BOARD  OF  EQUALIZATION  ((  oi.tiiiued). 

Havings  banks,  t'laiu-hise  tax  on  for  state  purposes,  provisions  relat- 
ing to,  p.  316,  §  3664;  p.  311,  §  3664c;  p.  313,  §  3665a;  p.  32U, 
§  3666b. 

Secretary  of,  duties  of  enumerated,  p.  341,  §  3701. 

^Secretary  of  is  a  civil  executive  officer,  p.  341,  §  3701. 

Secretary  of  may  administer  and  certify  oaths,  p.  341,  §  3701. 

Secretary  of,  salary  of,  p.  341,  §  3700a. 

Sessions,  duration  of,  p.  323,  §  3668. 

Sleeping-car  companies,  franchise  tax  on  for  state  purposes,  provi- 
sions relating  to,  p.  310,  §§  3664,  3664a;  p.  313,  §  3665a;  p.  314, 
§  3665b;  p.  316,  §  3665c;   p.  318,  §  3666. 

Statements,  duplicate,  duty  of  auditor  to  prepare  and  what  to  show, 
p.  342,  §  3728. 

Stock  car  companies,  franchise  tax  on  for  state  purposes,  provisions 
relating  to,  p.  310,  §§  3664,  3664a;  p.  313,  §  3665a;  p.  314,  §  3665b; 
p.  316,  §  3665c;   p.  31S,  §  3666. 

Street  railroads,  franchise  tax  on  for  state  purposes,  provisions  re- 
lating to,  p.  310,  §§  3664,  3664a;  p.  313,  §  3665a;  p.  314,  §  3665b; 
p.  316,  §  3665c;  p.  318,  §  3666. 

Telegraph  companies,  franchise  tax  on  for  state  purposes,  provisions 
relating  to,  p.  310,  §§  3664,  3664a;  p.  313,  §  3665a;  p.  314,  §  3665b; 
p.  316,  §  3665c;  p.  318,  §  3666.       % 

Telephone  companies,  franchise  tax  on  for  state  purposes,  provisions 
relating  to,  p.  310,  §§  3664,  3664a;  p.  313,  §  3665a;  p.  314,  §  3665b; 
p.  316,  §  3665c;  p.  318,  §  3666. 

Trust  companies,  franchise  tax  on  for  state  purposes,  provisions  re- 
lating to,  p.  310,  §  3664;  p.  311,  §  3664c;  p.  313,  §  366oa;  p.  320, 
§  3666b. 

STATE  BOAED  OF  HEALTH. 

Bathhouses,  supervision  over,  p.  1386,  Act  4349e. 

Contagious  diseases,  report  of  to,  p.  278,  §§  2979a,  2984;  p.  279,  §  3061. 

Contagious    diseases,   taking    measures   to    arrest   spread   of,    p.    278, 

§  2979a. 
Contagious  diseases  to  be  reported  to,  p.  278,  §§  2979a,  2984. 
Duties  of  in  relation  to  food  kept  in  cold  storage,  p.  626,  Act  624. 
Employees  of  and  compensation  of,  p.  280,  §  3075. 
Health  officer,  proceedings  on  refusal  of  supervisors  to  appoint,  p.  280, 

§  3064. 
Permits  for  bathhouses,  granting  and  revocation  of  by,  p.  1386,  Act 

4349e. 
Plumbing.     See  Plumbing. 

Rodents,  insects,  vermin,  etc.,  extermination  of,  p.  1155,  Act  2836a. 
Shellfish,  duty  in  regard  to  taking  of,  p.  759,  x\ct  1340k. 
Swimming-pools   and  bathing  places,   granting   and   revoking   permit 

for,  p.  1386,  Act  434'9e. 
Swimming-pools   and   bathing  places,   supervision   over,   p.   1386,   Act 

4349e. 
Vital  statistics,  duty  as  to.     See  Vital  Statistics. 

STATE  BOARD  OF  HORTICULTURAL  EXAMINERS.  See  County 
Horticultural  Commissioner;   State  Horticultural   Commissioners. 

Consists  of  whom,  ]>.  262,  §  2322. 

County  horticultural  commissioner,  appointment  of.  See  County 
Horticultural  Commissioner. 


1546  INDEX. 

fal'AlE  BOARD  OF  HORTICULTURAL  EXAMINERS  (Continued). 

Creation  of,  p.  262,  §  2322. 

Examinations  of  candidates  for  appointment  as  horticultural  com- 
missioner, p.  262,  §  2322. 

Expenses  of,  p.  262,  §  2322. 

List  of  eligibles,  certifying  to  supervisors,  p.  262,  §  2322. 

Proceedings  where  no  persons  present  themselves  for  examination 
or  none  qualified,  p.  262,  §  2322. 

Serve  without  pay,  p.  262,  §  2322. 

STATE  CAPITOL.     See  Capitol. 

STATE  COMMISSION  MARKET.     See  State  Market   Commission. 

Kepeal  of  act  of  1913  creating,  p.  1240,  Act  3807. 

STATE  COMMISSIONER  OF  HORTICULTURE.  See  County  Horticul- 
tural Commissioner;  State  Board  of  Horticultural  Examiners. 

Appointment  of  and  considerations  governing,  p.  257,  §  2319. 

Ascertaining  and  advising  as  to  proper  treatment  of  nursery  stock, 
plants,  etc.,  exposed  to  infection,  p.  271,  §  23221. 

County  horticultural  commissioners.  See  County  Horticultural  Com- 
missioner. 

Deputies,  assistants  and  employees,  appointment,  duties,  terms  of 
office,  salaries  and  expanses,  p.  257,  §  2319. 

Duties  of  enumerated,  p.  258,  §  2319a. 

Expenditures,  certifying  and  approval  of,  p.  262,  §  23191. 

Infected  shipments  declared  a  public  nuisance,  p.  270,  §  ^322h. 

Infected  shipments,  proceedings  in  case  of,  p.  270,  §  2322h. 

Insects,  animals  and  diseases  injurious  to  plants,  ascertaining  and 
promulgating  names  and  descriptions  of,  p.  271,  §  23221. 

Marking  of  shipments  into  state  of  nursery  stock,  plants,  etc.,  p.  269, 
§2322g. 

Notice  of  arrival  of  imported  nurserv  stock,  plants,  etc.,  and  holding 
for  inspection,  p.  269,  §  2322f. 

Nurserymen,  registration  and  licensing  of,  p.  261,  §  23191. 

Nursery  stock,  plants,  etc.,  registration  and  licensing  of  persons  deal- 
ing in,  p.  261,  §  23191. 

Nursery  stock,  plants,  etc.,  permits  to  ship  into  state,  p.  261,  §  2319J. 

Office  hours,  p.  257,  §  2319. 

Offices  for,  duty  of  secretary  of  state  to  furnish,  p.  257,  §  2319. 

Offices,  where  maintained,  p.  257,  §  2319. 

Orders  of,  refusal  to  comply  with,  penalty,  p.  262,  §  2319k. 

Penalty  for  violation  of,  act,  p.  271,  §  2322j. 

Plant  diseases  or  pests,  duty  on  discovery  of,  p.  260,  §  2319d. 

Qualifications  of,  p.  257,  §  2319. 

Quarantine,  approval  of  governor,  p.  258,  §  2319a;  p.  259,  §  2319b. 

Quarantine,  establishing,  maintaining  and  enforcing,  p.  259,  §  2319b; 
p.  260,  §  2319c. 

Quarantine  guardians,  dutv  on  discovery  of  plant  disease  or  pest, 
p.  260,  §  2319d. 

Quarantine  guardians,  issuing  commissions  as  to  country  horticultural 
commissioners,  p.  258,  §  2319. 

Salary  of  and  expenses,  p.  257,  §  2319. 

State  horticultural   quarantine  officer,  is,  p.  258,  §  2319a. 

Term  of  office  and  removal,  p.  257,  §  2319. 

Vacancies,  filling,  p.  257,  §  2319. 


INDEX.  1547 

STATE  CONTROLLER.     See  Controller. 
STATE  COUNCIL  OF  DEFENSE.     See  War. 

STATE  DEFENSE  GUARD. 

<'reatio]i,  control,  eoniponsation  and  duties,  [i.   l()()(l,  Act  22(y.i. 

STATE  ENGINEER. 

Department  of  engineering,   amendment  of  act   relating  to,   n.   1240, 

Act  3812. 
Department    of   engineering,    channels   of    Sacramento,    San    .Joaquin 

and  Feather   rivers,   improvement   of,   powers   and   duties  as   to, 

p.  1246,  Act  3818b. 
Department  of  engineering,  creation  of,  p.  1240,  Act  3812. 
Department  of  engineering,  given  authority  over  dams,  p.  1246,  Act 

3818b. 
Department   of  engineering,  officers   and  emploj'ees  of,  p.   1240,  Act 

3812. 
Department  of  engineering,  powers  and  duties  of,  p.  1240,  Act  3812. 
Department    of    engineering,    rainfall,   floods,    etc.,   investigation    of, 

p.  1240,  Act  3818b. 
State  highway  commission,  creation,  powers,  duties,   appointees  and 

salaries,  p.  1240,  Act  3812. 

STATE  FORESTER.     See  Forests. 
STATE  HIGHWAYS.     See  Highways. 
STATE  HOSPITALS.     See  Insane  Asylums. 

STATE  LABORATORY. 

Foods,  liquors  and  drugs,  for,  p.  531,  Act  29. 

STATE  LANDS.     See  Public  Lands. 

STATE  LAND  SETTLEMENT  BOARD. 

Agricultural  lands,  acquiring  and  selling  by,  p.  1249,  Act  3822. 
Creation,  powers,  duties  and  compensation,  p.  1249,  Act  3822. 

STATE  LIBRARY. 

Kegistration-books,  copies  of  to  be  transmitted  to,  p.  188,  §  1115. 
Salary  of  librarian,  p.  257, §  2302. 

STATE  MARKET  COMMISSION. 

Creation  and  organization  of,  p.  1257,  Act  3847. 

Destruction  of  food  fish,  regulation  of,  p.  1261,  Act  3588. 

Fish  industry,  investigation  and  report  on,  p.  1261,  Act  3588. 

Licensing  parties  engaged  in  marketing  fish,  p.  1261,  Act  3588. 

Powers  and  duties  of,  p.  1257,  Act  3847. 

Sale  of  fish,  promotion  of,  p.  1261,  Act  3588. 

Secretary,  appointment,  powers,  duties  and  salary,  p.  1257,  Act  3847. 

State  fish  exchange,  creation  of,  p.  1261,  Act  3588. 

State  fish  exchange,  revolving  fund  for,  p.  1261,  Act  3588. 

State  market  director,  appointment,  term  of  office,  powers,  duties  and 

salary,  p.  1257,  Act  3847. 
State  market  director,  creation  of  position  of,  p.  1257,  Act  3847. 
State  market  director,  regulation  and  control  of  fish  business,  i>.  126], 

Act  3588. 
State  market  director  to  regulate  and  control  fish  business,  p.   1261, 

Act  3588. 


1548  INDEX. 

STATE  MINERALOGIST.     See  State  Mining  Bureau. 

STATE  MINING  BUREAU. 

Department  of  for  protection  of  oil  and  gas,  added  compensation  of 

state  mineralogist  and  secretary,  p.  1063,  Act  2213b. 
Department    of    for    protection    of    oil    and    gas,    establishment    and 
creation  of,  p.  1063,  Act  2213b.     See  Gas;  Oil. 

STATE  PRINTER. 

School  text-books,  printing  of,  duties  as  to,  p.  196,  §  1519b,  subd.  5. 

STATE  TREASURER.     See  Escheat;  Treasurer,  State. 
STATE  UNIVERSITY.     See  University  of  California. 

STATE  VETERINARIAN. 

Inspection  of  animals  slaughtered  for  human  food,  p.  715,  Act  1206. 
Repeal  of  act  for  investigation  by  of  effect  of  smelter  waste  on  animal 

and  vegetable  life,  p.  1238,  Act  3670. 
Tuberculin  testing  of  cows,  p.  537,  Act  47c,  §  12. 

STATISTICS.     See  Vital  Statistics. 

STATUTES. 

Distribution  of  laws,  resolutions  and  journals  by  secretary  of  state, 

p.  162,  §  410. 
Legislative  counsel  bureau,  establishment  of,  p.  962,  Act  1901. 

STEAM  BOILERS. 

Inspection  of,  p.  1269,  Act  3890. 

Inspectors  of,  determination  of  competency  of,  p.  1269,  Act  3890. 

Inspections  of,  fees  for,  p.  1269,  Act  3890. 

Inspections  of,  reports  on,  p.  1269,  Act  3890. 

Permit   for   operation    of,   industrial   accident    commission   to    issue, 

p.  1269,  Act  3S90. 
Permit,   injunction   against   operation   without   permit,   p.   1269,   Act 

3890. 
Permit,  operation  of  without,  a  misdemeanor,  p.  1269,  Act  3890. 
Permit  to  operate,  hearing  before  refusal  of,  p.  1269,  Act  3890. 

STERILIZATION.     See  Asexualization. 

STOCK.     See  Corporations. 

STOCK-CAR  COMPANIES. 

Franciiisc    tax   for   state   purposes   on.     See   State   Board    of    Equal- 
i/.atiou. 

STOCK  IN  TRADE. 

Sale  of,  recording  notice  of,  p.  100,  §  3440. 

STOCKTON  STATE  HOSPITAL.     See  Insane  Asylums. 

STORAGE. 

Cold  storage.     See  Cold  Storage. 

STORM-WATER  DISTRICTS. 

Act  of   r.)(i!t  f(ir  JOniiation,  organization  and  government  of,  aiiiend- 

inejit  of,  p.  1146,  Act  2806. 
i'rotcction  districts.     See  Protection  Districts. 


INDEX.  1549 

STRATFORD  IRRIGATION  DISTRICT. 

Formation  of  validatod,  p.  899,  Act  ]725h. 

STREET  RAILROADS. 

Franchise  riglits,  provision  for  resettlement  of,  p.  719,  Act  1235. 
Franchise   tax   for   state   purposes    on.     See   State   Board    of   Equal- 
ization. 

STREETS. 

Act  providing  for  initiative  and  referendum  does  not  apply  to  street 

proceedings,  p.  842,  Act  1G24. 
Bonds  for  costs  of  establishment  or  change  of  grade,  amendment  of 

act  of  1918  relating  to,  p.  1278,  Act  3937e. 
Bonds,  street  improvement,  to  represent  assessments  for  street  work, 

amendment  of  act  of  1893  relating  to,  p.  1271,  Act  3932. 
Bonds,  street  improvement,  to  represent  assessments  for  street  work, 

amendment  of  act  of  1915  relating  to,  p.  1274,  Act  3932a. 
Grades,  establishment  and  change  of,  amendment  of  act  of  1913  re- 
lating to,  p.  1278,  Act  3937c.^ 
Grades,  establishment  or  change  of,  bonds  to  represent  assessments 

for,  amendment  of  act  of  1913  relating  to,  p.  1278,  Act  3937c. 
Street  improvement  act  of  1913  relating  to  establishment  and  changes 

of  grade  and  providing  for  bonds,  amendment  of,  p.   1278,  Act 

3937c. 

STRIPED  BASS.     See  Game  Laws. 
STUDENTS.     See  Schools. 
STURGEON.     See  Game  Laws. 

SUBROGATION. 

Pa,yer  for  honor  of  bill  of  exchange,  of,  p.  90,  §  3256. 

SUCCESSION. 

Escheat.     See  Escheat. 

SUCCESSION  TAXES.     See  Taxation. 

SUMMONS. 

Defendant  not  served  with  may  be  allowed  to  answer  within  year 
after  judgment,  p.  11,  §  473. 

SUNDAY. 

Day  of  maturity  falling  on,  instrument  payable  following  day,  p.  7i, 

'  §  3166. 
Holidays,  are,  p.  161,  §  10. 
Last  day  falling  on,  computation  of  time,  p.  99,  §  3266c. 

SUNFISH.     See  Game  Laws. 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION.     See  Schools. 

SUPERINTENDENT  OF  STATE  CAPITOL.     See  Capitol. 

SUPERINTENDENT  OF  STATE  PRINTING.     See  State  Printer. 

SUPERIOR  COURT. 

•Tuvcnile  court.     See  Juvenile  Court. 
Particular  county,  of.     See  particular  title. 


1550  INDEX. 

SUPERIOE  JUDGES. 

Alauieda  county,  increase  from  six  to  eight,  p.  547,  Act  96b. 

Designating,  selecting  and  listing  jurors  and  grand  jurors,  p.  6,  §  204. 

Fresno  county,  additional  judge  for,  p.  723,  Act  1264a. 

Jurors,  to  select  in  cities  over  100,000,  p.  6,  §  204. 

Jury  commissioner,  appointment  of,  by,  p.  7,  §  204a. 

Number  of  in  particular  county.     See  particular  title. 

Particular  county,  of.     See  particular  county. 

Secretary  of,  judges  may  require  to  perform  duties  of  jury  commis- 
sioner, p.  8,  §  204e. 

Secretary  of,  salary  of  when  appointed  to  act  as  jury  commissioner, 
p.  8,  §  204e. 

SUPERVISORS. 

Game  wardens,  jjower  of  supervisors  to  appoint,  p.  349,  §  4149b. 

Health  officer,  to  appoint,  p.  279,  §  3061. 

Highways,  powers  as  to.     See  Highways. 

Justices,  duty  to  provide  with  offices,  p.  2,  §  103. 

Licenses.     See  Licenses. 

Monuments   or   tablets   to   commemorate   historic   sjjots,   erection   of, 

p.  348,  §  4052c. 
Paupers,  maintenance  of,  duty  of  supervisors,  p.  1140,  Act  2631. 
Reimbursement  of  districts  in  counties  for  losses  from  separation  of 

state  and  county  taxes,  p.  340,  §  3671b. 
Resignations,  how  and  to  whom  made,  p.  180,  §  995. 
Sanitary  matters,  to  adopt  rules  and  regulations   governing,  p.  279, 

§  3061. 
Tax  rate,  duties  as  to.     See  Taxation. 

SURF  BIRDS.     See  Game  Laws. 

SURF  FISH.     See  Game  Laws. 

SURGEONS.     See  Medicine;  Physicians. 

SURPLUS  LINE  BROKERS.     See  Insurance  Companies. 

SURVEYOR-GENERAL. 

Land  titles,  regulation  of  and  powers  of  surveyor-general  as  to, 
p.  1283,  Act  3988. 

SUTTER  COUNTY. 

Assessor,  deputy,  appointment  and  salary  of,  p.  506,  §  4277,  subd.  7. 

Assessor,  salary  of,  p.  506,  §  4277,  subd.  7. 

Auditor,  salary  of,  p.  506,  §  4277,  subd.  4. 

(Jonstables,  classification  of  townsliips  for  purpose  of  fixing  salaries, 

p.  506,  §  4277,  subd.  14. 
Constables,  population  of  townships,  how  ascertained  for  purpose  of 

fixing  salaries,  p.  506,  §  4277,  subd.  16. 
Constables,  salaries,  expenses  and  fees,  p.  506,  §  4277,  subd.  15. 
Coroner,  salary  and  expenses  of,  p.  506,  §  4277,  subd.  9.  ^ 

County  clerk,  salary  of,  p.  506,  §  4277,  subd.  1. 
District  attorney,  salary  of,  p.  506,  §4277,  subd.  8. 
(iraiid  jurors,  fees  and  mileage,  ji.  506,  §  4277,  subd.  17. 
.Jurors  in  superior  court,  fees  and  mileage  of,  p.  506,  §  4277,  subd.  17, 
Justices,   classification   of   townsliips   for   purpose   of   fixing  salaries, 

p.  506,  §  4277,  subd.  14. 
Justices,  fees  received  by  to  be  paid  into  treasury,  p.  506,   §   4277, 

subd.  14. 


lISfDEX.  1551 

SUTTER  COUNTY  (ContiniuMl). 

Justices,  population  of  townships,  how  aseertninod  for  pnrjtose  of  fix- 
ing salaries,  p.  506,  §  4277,  subd.  16. 

Justices,  salaries  of,  p.  506,  §  4277,  subd.  14. 

Justices,  salaries  of  and  how  paid,  p.  506,  §  4277,  subd.  14. 

Justices,  salaries  to  be  in  full  compensation,  p.  .506,  §  4277,  subd.  14. 

Public  administrator,  fees  of,  p.  506,  §  4277,  subd.  10. 

Eecorder,  deputy,  appointment  and  salary  of,  p.  506,  §  4277,  subd.  3. 

Eecorder,  salary  of,  p.  506,  §  4277,  subd.  3. 

Sheriff,  salary  and  expenses  of,  p.  500,  §  4277,  subd.  2. 

Superintendent  of  schools,  salary  and  expenses  of,  p.  506,  §  4277,  subd. 
11. 

Supervisors,  mileage  for  services  as  road  commissioners,  p.  506,  §  4277, 
subd.  13. 

Supervisors,  salary,  expenses  and  mileage,  p.  506,  §  4277,  subd.  13. 

Surveyor,  salary  and  expenses  of,  p.  506,  §  4277,  subd.  12. 

Tax  collector,  deputy,  appointment  and  salary  of,  p.  506,  §  4277. 

Tax  collector,  salary  of,  p.  506.  §  4277.  subd.  6. 

Treasurer,  salary  of,  p.  506,  §  4277,  subd.  5. 

SWAMP  AND  OVERFLOWED  LANDS.     See  Eeclamation  Districts. 

Issuance  of  letters  patent  to  h-^irs  of  P.  W.  Fahey  for  certain  lands 

authorized,  p.  1166,  Act  2867b. 
Lease,  tide-lands  of  city,  how  long  may  be  leased,  p.  54,  §  718. 
Lease,  tide-lands  of  city,  purposes  for  which  may  be  leased,  p.  54, 

§718. 
Tide-lands,   grant  of  to   particular  cities.     See   particular   city;   also 

Waterfront. 

SWANS.     See  Game  Laws. 
SWIMMING-POOLS.     See  Watering  Eesorts. 


TAMALPAIS. 

Mount  Tamalpais  game  refuge,  creation  of,  p.  749,  Act  1295e. 
Tamalpais  forest  fire  district,  formation,  government  operation  and 
dissolution  of,  p.  709,  Act  1185. 

TATLERS.     See  Game  Laws. 

TAXATION. 

All  property-  subject  to,  p.  306,  §  3607. 

Amount  that  may  be  produced  by,  regulating  and  limiting,  p.  1307, 
Act  4067f. 

Assessment-books,  clerical  errors  or  omissions  in  correction  of,  p.  346, 
§  3881. 

Assessment-books,  clerical  errors  or  omissions  in,  correction  of  in  San 
Francisco,  consent  of  city  attorney,  p.  346.  §  3881. 

Assessment-books,  defects  in  form,  correction  of,  p.  346,  §  3881. 

Assessment  by  assessor  of  property  taxed  exclusively  for  state  pur- 
poses, proceedingis  in  case  of,  p.  337,  §  3670b. 

Assessment  by  state  board  of  equalization.  See  State  Board  of 
Equalization. 

Assessment,  cultivated  and  uncultivated  lands  assessed  at  same  value, 
p.  307,  §  3627. 

Assessment,  date  of,  p.  307,  §  3628. 


1552  INDEX. 

TAXATION  (Contiuued). 

Assessment,  ferries,  where  assessed,  p.  308,  §  3643. 

Assessment,  improvements   on   lands   exempt   from  taxation,   p.   308, 

§  3650. 
Assessment,  land  and  improvements  separately  assessed,  p.  307,  §  3627. 
Assessments,  lands,  how  assessed,  p.  307,  §§  3628,  3629,  subd.  5;  p.  308, 

§  3650,  subd.  2. 
Assessments,  lists  of  persons  and  property  assessable,  p.  307,  §  3628. 
Assessment,  mistake  in  name  of  owner  does  not  affect,  p.  307,  §  3628. 
Assessment  of  value  of  lands  owned  by  banks,  reduction  of  by  board 

of  equalization,  p.  335,  §  3670. 
Assessment,  place  of,  repeal  of  provision  relating  to,  p.  308,  §  3641. 
Assessment,  property  assessed  at  full  cash  value,  p.  307,  §  3627. 
Assessments,  property,  how  listed,  p.  308,  §  3650. 
Assessments,  property  where  assessed,  p.  307,  §  3628. 
Assessment-roll,  segregation   of  assessments  on  by   assessors,  p.  337, 

§  3670b. 
Assessment-roll,  transmitting  duplicate  to  state  board  of  equalization, 

p.  337, §  3670b. 
Assessment,  solvent  credits,  deduction  for  debts  due,  p.  307,  §§  3628, 

3629,  subd.  6. 
Assessments,  statements  of  taxable  property,  p.  307,  §  3629. 
Assessment,   toll-bridges   connecting   counties,   how   assessed,   p.   308, 

§  3643. 
Assessments,  toll  roads,  of,  p.  309,  §  3663. 
Assessment,  to  whom  property  assessed,  p.  307,  §  3628. 
Assessment,  water  craft,  how  assessed,  p.  308,  §  3643. 
Assessment,  water  ditches,  of,  p.  309,  §  3663. 
Assessor,  duties  as  to  state  board  of  equalization.     See  State  Board 

of  Equalization. 
Auditor,  settlement  of  tax  collector  with  for  taxes  collected,  p.  342, 

§  3753. 
Auditor   to   charge   tax   collector   with  full   amount   of  taxes  levied, 

p.  342,  §  3734. 
Auditor  to  notify  controller  of  amount  of  taxes  charged  to  tax  col- 
lector, p.  342,  §  3734. 
Auditor  to  transmit  to  assessor  statement  of  property  redeemed  and 

property  not  redeemed,  p.  341,  §  3678. 
B(nid(>d   indebtedness,   payment   by   controller   to  cities,   counties   or 

cities   and   counties   of   taxes   necessary   to   pay,   p.   337,  §  3670b; 

p.  338,  55  3670c. 
Bonded  indebtedness  to  be  fixed,  separate  tax  rate  for,  p.  337,  §  3670b. 
Corporation,    assessment    of    stock    and    of    propertv    of    corporation 

double  taxation,  p.  306,  §  3608. 
Corporation,  shares  of  stock  not  taxable,  p.  306,  §  3608. 
Corporations  taxed  exclusive! v  for  state  pur]ioses  enumerated,  p.  310, 

§  3664. 
County  board  of  equalization,  ]io\vers  and  duties,  repeal  of  ])rovision 

relating  to,  ]).   341,  §  3679. 
County  treasurer,  expenses  of  in  settlement  with  state  treasurer  for 

taxes  due  county  from  state,  p.  340,  §  3671a. 
Deed,  tax,  conclusiveness  as  evidence,  p.  343,  §  3787. 
Deed,  tax,  title  passing  by,  p.  343,  §  3787. 
Delinquency    and    pctiaHics,    r(>poal    of    jirovisiou    relating   to,    p.    343, 

§  3757. 
Delinquent  taxes,  i)artial  redemption  in  case  of,  p.  343,  §  3S1S. 
l)ou))le  asseHsinent  ))y  assessors  of  different  counties,  cancellation  of 

assessment  where  payment  made  on  one,  p.  343,  §  3804b. 


INDEX.  1553 

TAXATION  (Contimied). 

Double  assessment  by  assessors  of  different  counties,  compelling  coun- 
ties to  interplead,  p.  343,  §  3804b. 

Double   assessment    by    assessors   of    different   counties,    proceedings 
where  after  payment  made  property  sold  to  state,  p.  343,  §  3S04b. 

Double  taxation  not  permitted,  p.  306,  §'  3607. 

Double,   tax   of   shares   of   stock   and    of   property   of   corporation   is, 
p.  306,  §  3608. 

Excess  taxes,  daily  payment  into  county  treasury,  p.  1313,  Act  4067h. 

Excess  taxes,  payment  and  distribution  of,  p.  1312,  Act  4067g. 

Excess    taxes,    payment    of    by    tax    collector   into    county    treasury, 
p.  1312,  Act  4067g. 

Exemptions,  all  property  subject  to  taxation,  p.  306,  §  3607. 

Franchise  tax  for  state  purposes.     See  State  Board  of  Equalization. 

Franchise  tax  on  companies,  collection  of.     See  Franchises. 

Franchise,  taxes  upon.     See  Franchises. 

Inheritance  tax  act  of  1913,  repeal  of,  p.  1284,  Act  4035b. 

Inheritance  tax  act  of  1917,  p.  1284,  Act  4035c. 

Inheritance    tax    department,    attorneys    for,    appointment,    number, 
offices  and  duties,  p.   163,  §  445. 

Inheritance  tax  department,  clerks,  experts,  etc.,  for,  p.  163,  §  445. 

Inheritance  tax  department,  controller  to  maintain,  p.  163,  §  445. 

Inheritance  tax  department,  purpose  and  duties  of,  p.  163,  §  445. 

Inheritance  tax  department,  salaries  and  expenses  of,  p.  163,  §  445. 

Inheritance  tax,  fixing  amount  of  on  death  of  joint  tenant  on  pro- 
ceedings to  terminate  estate,  p.  32,  §  1723. 

Inheritance  tax,  no  appeal  lies  from  order  or  decree  relating  to,  p.  20, 
§963. 

Inheritance  tax,  payment  of  necessary  before  decree  terminating  in- 
terest of  joint  tenant,  p.  32,  §  1723. 

National  banks,  of  shares  of,  repeal  of  section  relating  to,  p.  306, 
§§3609,  3610. 

Partial  redemptions  of  property,  provision  relating  to,  p.  343,  §  3818. 

Poll  taxes,  repeal  of  provisions  relating  to,  pp.  345,  346,  §§  3839-3862. 

Railroad  taxes,  reimbursement  of  counties  for  loss  of  on  separation 
of  state  and  county  taxes,  p.  339,  §  3671. 

Rate,  limitation  upon  amount  that  may  be  produced  bv  tax  levies, 
p.  1307,  Act  4067f. 

Redemptions,  auditor  to  transmit  statement  as  to  property  redeemed 
and  not  redeemed  to  assessor,  p.  341,  §  3678. 

Redemption  of  separate  pieces  of  property  out  of  large  tract,  provi- 
sion for,  p.  343,  §  3818. 

Redemption,    partial,   of   property,   provision    for,    p.    343,  §  3818. 

Reimbursement  of  districts  in  counties  for  losses  from  separation  of 
state  and  county  taxes,  p,  340,  §  3671b. 

Reports  by  tax  collector  as  to  sales  of  property  as  evidence  of  owner- 
ship, p.  346,  §  3898. 

Sale  of  encumbered  land  for  taxes,  notice  to  mortgagee  or  trustee,  re- 
peal of  provision  as  to,  p.  343,  §  3769a. 

Sale  of  property  sold  to  state,  deed  to  purchaser,  p.  346,  §  3898. 

Sale  of  property  sold  to  state,  distribution  of  proceeds,  p.  346,  §  3898. 

Sale  of  property  sold  to  state,  recorder's  notations  on  certificates  of 
sales  and  tax  deeds,  p.  346,  §  3898. 

Sale  of  property  sold  to  state,  report  of  sales  bv  tax  collector,  p.  346, 
§  3898. 
98 


1554  INDEX. 

TAXATION  (Continued). 

School   buildings,   tax  for,   levy   of  and  limit   on   amount  of,  p.   233, 

§  1838. 
School  district,  annexation  of  territory  on  formation  of  city,  taxation 

in  case  of,  p.  206,  §  1576. 
School   tax,   state,   levy   of,   repeal  of   provision   relating   to,   p.   342, 

§  3719. 
Separation  of  state  and  county,  act  relating  to  superseded  by  provi- 
sions of  Political  Code,  p.  1305,  Act  4065. 
Separation  of  state  and  county,  existing  laws,  how  affected,  p.  340, 

§  3671e. 
Separation  of  state  and  county  taxes,  substitute  for  act  providing 

for,  p.  1305,  Act  4065. 
State  board  of  authorization,  creation  of  and  powers  of,  p.  1307,  Act 

4067f. 
State  board  of  authorization,  budgets  of  political  subdivisions  to  be 

filed  with,  p.  1307,  Act  4067f. 
State  board  of  equalization.     See  State  Board  of  Equalization. 
State  government,  taxes  for  support  of  for  sixty-ninth  and  seventieth 

fiscal  years,  p.  1313,  Act  40671. 
Statements,  duplicate,  duty  of  auditor  to  prepare  and  what  to  show, 

p.  342,  §  3728. 
State  purposes,  companies  taxed  exclusively  for,  enumerated,  p.  310, 

§  3664. 
State  purposes,  "company,"  meaning  of,  p.  310,  §  3664. 
State  revenue,  deficiency  in,  levy  of  tax  to  meet,  p.  340,  §  3671c. 
Surplus  line   broker,  tax  on  premiums   on   insurance  placed,   p.   166, 

§  596. 
Tax  commission,  duties  of,  p.  1307,  Act  4067d. 
Tax  rate,  duty  of  clerk  of  supervisors  to  transmit  statement  of  to 

controller,  p.  342,  §  3714a. 
Tax  rate,  limit  on  amount  that  can  be  produced  bv  tax  levies,  p.  1307, 

Act  4067f. 
Tax  rate,  limit  of  rate  that  can  be  levied  for  bonds  or  judgments 

therefrom,  p.  341,  §  3714. 
Tax  rate,  supervisors  to  fix,  p.  341,  §  3714. 
Tax  rate,  time  of  fixing,  p.  341,  §  3714. 

TAX  COLLECTOR. 

Liinilation  of  action  against  for  seizing,  detaining  or  injuring  prop- 
erty, p.  10,  §  341. 

TEACHERS.     See  Schools. 

iJeeeased  annuitant,  collection  by  heirs  or  guardian  of  balance  due 
from  teachers'  pension  fund,  p.  29,  §  1455. 

TEHAMA  COUNTY. 

,\i-sessor,  deputies  and  salary  of,  p.  4SS.  §  4266,  subd.  7. 

Assessor,  salary  of,  p.  488,  §  4266,  subd.  7. 

Assessor,  traveling  expenses  of  assessor  and  deputies,  p.  488,  §  4266, 

subd.  7. 
Auditor,  salarv  of,  p.  488,  §  4266,  subd.  4. 
Charter  of,  p.  1315,  Act  4067J. 
Constables,  population  of  townshijis.  how  ascertained  for  purpose  of 

fixing  salaries,  p.  488,  §  4266,  subd.  16. 
Constables   salaries,  fees  and  expenses  of,  p.  488,  §  4266,  subd.  14. 
Coroner,  fees  of,  p.  488,  §  4266,  subd.  9. 

County  clerk,  dejiuty,  api)oin1ment  and  salary,  p.  488,  §  4266,  subd.  1. 
County  clerk,  salary  of,  p.  488,  §  42G6,  subd.  1. 


INDEX.  1555 

TEHAMA  COUNTY  (Couf  inued). 

District  attorney,  salary  of,  {>.  488,  §  4266,  subd.  8. 

Jurors,  grand,  fees  and  mileage  of,  p.  488,  §  4266,  subd.  17. 

Jurors,  trial,  fees  and  mileage  of,  p.  488,  §  4266,  subd.  17. 

Justices,  population  of  townshi})s,  bow  ascertained  for  purpose  of  fix- 
ing salaries,  p.  488,  §  4266,  subd.  16. 

Justices,  salaries  and  fees  of,  p.  488,  §  4266,  subd.  13. 

Public  administrator,  fees  of,  p.  488,  §  4266,  subd.  10. 

Recorder,  deputy,  salary  of,  p.  488,  §  4266,  subd.  3. 

Recorder,  salary  of,  p.  488,  §  4266,  subd.  3. 

Salaries  payable  out  of  treasury  in  monthly  installments,  p.  488, 
§  4266,  subd.  18. 

Sheriff,  salary  and  mileage,  p.  488,  §  4266,  subd.  2. 

Superintendent  of  schools,  deputy,  appointment  and  salary,  p.  488, 
§4266,  subd.  11. 

Superintendent  of  schools,  salary  and  expenses  of,  p.  488,  §  4266, 
subd.  11. 

Supervisors,  expenses  of,  p.  488,  §  4266,  subd.  15. 

Supervisors,  salaries  of,  p.  488,  §  4266,  subd.  15. 

Surveyor,  salary,  expenses  and  allowances,  p.  488,  §  4266,  subd.  12. 

Tax  collector,  deputies  and  clerks,  number,  aj^pointment  and  salaries, 
p.  488,  §  4266,  subd.  6. 

Tax  collector,  salary,  p.  488,  §  4266,  subd.  6. 

Treasurer,  salary  of,  p.  488,  §  4266,  subd.  5. 

TELEGEAPH  COMPANIES. 

Franchise  tax  for  state  purposes  on.  See  State  Board  of  Equal- 
ization. 

TELEPHONE  COMPANIES. 

Franchise  tax  for  state  purposes  on.  See  State  Board  of  Equal- 
ization. 

TENANCY  IN  COMMON.     See  Cotenancy. 

TENANTS  FOR  LIFE.     See  Estates  for  Life. 
TENDER. 

Payment,  of.     See  Payment. 

TENEMENT  HOUSES. 

Act  of  1911  relating  to,  repeal  of,  p.  1315,  Act  4098. 
Act  of  1917  relating  to,  p.  1316,  Act  4098a. 

TERRA  BELLA  IRRIGATION  DISTRICT. 

Formation   of  validated,  p.  899,  Act   17251. 

TEXT-BOOKS. 

School.     See   Schools. 

THEATERS. 

Licenses  on.  power  of  supervisors  to  impose,  p.  280,  §  3366. 

TICKETS.     See  Carriers  of  Passengers. 
TIDE-LANDS.     See  Swamp  and  Overflowed  Lands. 

TIME. 

Accepter  of  bill  of  exchange  for  honor,  of  presentment  for  payment 
to,  p.  94,  §  3249. 

Administration,  failure  to  commence  within  six  months,  attorney  gen- 
eral may  direct  public  administrator  to  commence,  p.  24,  §  1269. 


1556  INDEX. . 

TIME  (Continued). 

Answer,  defendant  not  personally  served  may  be  allowed  to  answer 
within  year  after  judgment,  p.  11,  §  473. 

Answer,  for,  power  of  court  to  enlarge,  p.  11,  §  473. 

Answer,  power  of  court  to  allow  after  time  limited  by  code,  p.  11, 
§  473. 

Appeal  to  governor  from  sentence  of  court-martial,  for,  p.  247,  §  2021. 

Bill  of  exchange,  allowed  for  acceptance  of,  p.  88,  §§  3217,  3218. 

Bill  of  exchange,  of  protest  of,  p.  92,  §  3236. 

Checks,  for  presentment  for  payment,  p.  98,  §  3265b. 

Court-martial,  to  order,  p.  247,  §  2022. 

Demurrer,  for,  power  of  court  to  enlarge,  p.  11,  §  473. 

Deposition,  out  of  state,  time  of  notice  of  taking,  p.  35,  §  2024. 

Escheated  estate,  to  make  claim  for,  p.  26,  §  1272a. 

Escheat  of  propert}',  to  bring  action  for,  p.  24,  §  1269. 

Escheated  property,  state  treasurer  to  hold  for  five  years,  p.  24, 
§1269. 

Escheated  property,  to  make  claim  for,  p.  24,  §  1269. 

Holiday  or  Sunday,  last  day  falling  on,  computation  of  time,  p.  99, 
§  3266c. 

Indorsement,  of,  presumption  as  to,  p.  68,  §  3126. 

Judgment,  for  application  for  relief  against,  p.  11,  §  473. 

Judgment  lien,  of  duration  of,  p.  17,  §  671. 

Justice's  court,  of  time  of  trial  in,  p.  17,  §  850. 

Justification  of  sureties  on  undertaking  to  release  attachment,  p.  15, 
§  554. 

Negotiable  instrument,  of  giving  notice  of  dishonor,  p.  80,  §3183; 
p.  81,  §  3188. 

Negotiable  instrument,  of  maturity  of,  p.  77,  §  3166. 

New  trial,  of  hearing  motion  for,  p.  16,  §  660. 

New  trial,  to  decide  motion  for,  p.  16,  §  660. 

Nomination  papers,  of  filing  of,  p.  189,  §  1192. 

Presentment  for  payment,  of,  where  instrument  not  payable  on  de- 
mand, p.  75,  §  3152. 

Presentment  for  payment,  of,  where  instrument  pavable  on  demand, 
p.  75,  §  3152. 

Probate  officers,  to  file  report,  p.  157,  §  1203,  subd.  j. 

Reasonable,  how  determined,  p.  99,  §  3266b. 

State  board  of  equalization,  of  holding  meetings,  p.  323,  §  3668. 

State  board  of  equalization,  of  reports  to  by  banks,  p.  320,  §  3666b. 

State  board  of  equalization,  reports  to  by  companies  subject  to  fran- 
chise tax,  extension  of  time  to  file,  p.  323,  §  3667c. 

State  board  of  equalization,  of  report  to  by  corporations,  p.  316, 
3665  c. 

State  board  of  e(|uali/;i1i<iii,  of  rc|Hnt  to  by  holders  of  franchises, 
p.  321,  §  :U)(i7. 

State  ])oard  of  (Miualizatioii,  of  report  to  by  insurance  commissioner, 
p.  319,  §  366fia. 

Tax,  paid  under  void  assessment,  action  to  recover,  p.  328,  §  3669a. 

Tax  rate,  of  fixing,  p.  341,  §  3714. 

TITLE. 

Certificate  or  guaranty  of,  limitation  of  action  on,  p.  10,  §  339. 
Certificate  or  giiaranly  of,  action  on,  when  accrues,  p.  10,  §  339. 
Land,   regulation    of   titles   to   and    power   of   surveyor-general   as   to, 
p.  1283,  Act  3988. 


INDEX.  1557 

TITLE   ((.'oiitimied). 

Negotiable  instrument,  to.     See  Negotiable  Instruments. 
Policy  of  title  insurance,  action  on  when  accrues,  p.  10,  §  339. 
Policy  of  title  insurance,  limitation  of  action  on,  p.  10,  §  339. 
Quieting  in  case  of  burnt  or  destroyed  records  or  documents,  p.  61G, 

Act  436. 
Tax  deed,  title  passing  by,  p.  343,  §  3787. 

TOLL-BRIDGES. 

Where  assessed,  p.  308,  §  3643. 

TOLL  ROADS. 

Assessment  of,  p.  3U9,  §  3663. 

TOWELS. 

Keeping  for   common    use   in   [niblic   places   forbidden,   p.   1165,   Act 
2844f. 

TOWNSHIPS. 

Justices'   courts  in.     See  Justices'   Courts. 

Officers,  resignations,  how  and  to  whom  made,  p.  180,  §  995. 

TREASURER,  COUNTY. 

Coroner,  moneys  received  from,  disposition  of,  p.  348,  §  4115. 
Excess  taxes,  daily  payment  into  county  treasury,  p.  1313,  Act  4067h. 
Excess  taxes,  payment  and  distribution  of,  p.  1312,  Act  4067g. 
Excess  taxes,  payment  by  tax  collector  into  county  treasury,  p.  1312, 

Act  4067g. 
Expenses  of  in  settlement  with  state  treasurer  for  taxes  due  county 

from  state,  p.  340,  §  3671a. 

TREASURER,  STATE.     See  Escheat. 

Action  against  to  recover  taxes  paid  under  void  assessment,  p.  328, 

§  3669a. 
Civil  executive  officers,  what  deputies  and  assistants  of  are,  p.  164, 

§456. 
Deputies,  clerks  and  assistants  of,  enumerated,  p.  164,  §  456. 
Deputies,  clerks  and  assistants  of,  salaries  of  and  how  paid,  p.  164, 

§456. 
Expenses  of  county  treasurer  in  settlement  with  state  treasurer  for 

taxes  due  county  from  state,  p.  340,  §  3671a. 

TRESPASS. 

Willful  injuries  to  freehold,  what  are  misdemeanors,  p.  110,  §  602. 
Willful,  what  acts  are  misdemeanors,  p.  110,  §  602. 

TRIAL. 

Justice  court,  in.     See  Justices'  Courts. 

TROUT.     See   Game   Laws. 

TRUST  COMPANIES. 

Bankruptcy  of,  effect  on  liability  of  stockholders,  p.  11,  §  348. 
Franchise  tax  for  state  purposes  on.     See  State  Board  of  Equaliza- 
tion. 
No  limitation  of  action  to_  recover  deposit,  p.  11,  §  348. 

TRUST  DEEDS. 

Powers  of  sale  in,  how  exercised,  p.  56,  §  2924. 


1558  INDEX. 

TRUSTS  AND  TRUSTEES. 

Alienation,  power  of,  how  long  may  be  suspended,  p.  53,  §  715. 

Corporations  authorized  to  act  as  trustees,  amendment  of  articles, 
approval  by  superintendent  of  banlvs,  p.  41,  §  290a. 

Funds,  bonds  of  municipal  water  districts,  legal  investments  for, 
p.  599,  Act  387a. 

Investment  of  funds  in  corporate  stock,  liability  for  debts,  p.  43, 
§  322. 

Limitation  of  action  to  set  aside  actions  of  trustees  of  dissolved  cor- 
porations, p.  10,  §  341. 

TULARE  COUNTY. 

Assessor,  dejiuties  and  assistants,  number,  appointment,  duties  and 
salaries,  p.  396,  §  4241,  subd.  7. 

Assessor,  salary  of,  p.  396,  §  4241,  subd.  7. 

Auditor,  deputy,  appointment  and  salary,  p.  396,  §  4241,  subd.  4. 

Auditor,  salary  of,  p.  396,  §  4241,  subd.  4. 

Bonds,  issuance  of  for  roads  or  highways,  employment  of  inspectors, 
field  or  office  help  in  case  of,  p.  396,  §  4241,  subd.  12. 

Constables,  monthly  verified  statements,  duty  to  file  and  what  to  con- 
tain, p.  396,  §  4241,  subd.  15. 

Constables,  salaries,  fees,  mileage  and  expenses  of,  p.  396,  §  4241, 
subd.  14. 

Constables,  supervisors  determine  population  of  townships  for  pur- 
pose of  fixing  salaries,  p.  396,  §  4241,  subd.  16. 

Coroner,  fees  of,  p.  396,  §  4241,  subd.  9. 

County  clerk,  deputy,  salary  of,  p.  396,  §  4241,  subd.  1. 

Countv  clerk,  deputy  where  additional  judgeship  created,  p.  396, 
§4241,  subd.  1. 

County  clerk,  salary,  fees  and  allowances,  p.  396,  §  4241,  subd.  1. 

District  attorney,  salary  of,  p.  396,  §  4241,  subd.  8. 

District  attornev,  stenographer,  appointment  and  salary,  p.  396, 
§  4241,  subd."  8. 

.Justices,  fees  collected  by  to  be  paid  into  treasury,  p.  396,  §  4241, 
subd.  13. 

Justices,  monthly  verified  statements,  duty  to  file  and  what  to  con- 
tain, p.  396,"  §4241,  subd.  15. 

Justices,  must  be  attorney  in  what  townships,  p.  396,  §  4241,  subd.  13. 

Justices,  salaries  of,  p.  396,  §  4241,  subd.  13. 

Justices,  salarv  to  be  full  compensation  for  services,  p.  396,  §  4241, 
subd.  13. 

Justices,  supervisors  determine  population  of  townships  for  purpose 
of  fixin}T_  salaries,  p.  396,  §  4241,  subd.  16. 

Population  of  countv  for  fixing  of  salaries,  supervisors  to  determine, 
p.  396,  §  4241,  siibd.  16. 

Probation  officers  and  assistants  and  salaries  of,  p.  955,  Act  1770a, 
subd.  19i. 

Public  administrators,  fees  of,  p.  396,  §  4241,  subd.  10. 

Recorder,  deputy,  salary  of,  p.  396,  §  4241,  subd.  3. 

Recorder,  fees  to  be  paid  into  county  treasury,  p.  396,  §  4241,  subd.  3. 

Recorder,  salarv,  p.  396,  §  4241,  subd.  3. 

Sheriff,  deputy,  salary  of,  p.  396.  §  4241.  subd.  2. 

Hhoriff,  deputy  where  iidditionnl  jud;joship  creatoil,  p.  I'On.  §4241, 
subd.  2. 

Sheriff,  fees  not  ;illowc.l  to,  p.  .'iOfi.  §  1211,  snl)d.   IS. 

Sheriff,  matron,  cinployincnt  and  coMip(Misat ion  of,  ji.  .".96,  §  4241, 
subd.  2. 


INDEX.  1559 

TULARE  COUNTY  (Contiimcd). 

yiieriff,  salary  and  mileage,  p.  396,  §  4241,  siibd.  2. 

Superiutoudent  of  schools,  doputies  ot,  miniber,  appointment  and  sal- 
aries of,  p.  39(5,  §  4241,  siibd.  11. 

Superintendent  of  schools,  salary  and  expenses  of,  p.  39G,  §  4241, 
subd.  11. 

Supervisors  determine  population  of  townships  for  purpose  of  fixing 
salaries,  p.  39(3,  §  4241,  subd.  16. 

Supervisors,  salaries  and  expenses,  p.  396,  §  4241,  subd.  17. 

Surveyor,  compensation  and  expenses  of,  p.  396,  §  4241,  subd.  12. 

Surveyor,  deputies,  and  assistants,  appointment  and  salaries,  p.  396, 
§  4241,  subd.  12. 

Surveyor,  duty  to  give  entire  time  to  olSce,  p.  396,  §  4241,  subd.  12. 

Surveyor,  fees  earned  in  private  practice,  disposition  of,  p.  396, 
§  4241,  subd.  12. 

Tax  collector,  deputy  and  clerks,  salaries  of,  p.  396,  §  4241,  subd.  6. 

Tax  collector,  no  fees  for  collecting  licenses,  p.  396,  §  4241,  subd.  18. 

Tax  collector,  salary  of,  p.  396,  §  4241,  subd.  6. 

Treasurer,  salary  of,  p.  396,  §  4241,  subd.  5. 

TUOLUMNE  COUNTY. 

Assessor,    deputy,    appointment,    term    of    office    and    salarv,    p.    493, 

§  4268,  subd.  7. 
Assessor,  salary  of,  p.  493,  §  4268,  subd.  7. 
Auditor,  salary  of,  p.  493,  §  4268,  subd.  4. 
Constables,  classification  of  townships  for  purpose  of  fixing  salaries, 

p.  493,  §  4268,  subd.  14. 
Constables,  salaries,  expenses  and  fees  of,  p.  493,  §  4268,  subd.  16. 
Coroner,  salary  of,  p.  493,  §  4268,  subd.  9. 
County  clerk,  salary  and  allowances,  p.  493,  §  4268,  subd.  1. 
District  attorney,  salary  of,  p.  493,  §  4268,  subd.  8. 
District    attorney,    stenographer    or    clerk,    appointment    and    salary, 

p.  493,  §  4268,  subd.  8. 
Jurors,  grand,  fees  and  mileage  of,  p.  493,  §  4268,  subd.   18;   p.  493, 

§  4268a. 
Jurors,   trial,  fees   and   mileage   of,   p.  493,  §  4268,   subd.   18;    p.   496, 

§  4268a. 
Justices,   classification   of   townships   for   purpose   of   fixing   salaries, 

p.  493,  §  4268,  subd.  14. 
Justices,  salaries  of,  p.  493,  §  4268,  subd.  15. 
Justices,   salaries   are   full   compensation   for   services,   p.   493,  §  4268, 

subd.  15. 
Official  reporter,  fees  of,  p.  493,  §  4268,  subd.  17. 
Probation  officer  and  salary  of,  p.  956,  §  19m,  Act  1770a. 
Public  administrator,  fees  of,  p.  493,  §  4268,  subd.  10. 
Recorder,  assistant,  appointment  and  salary  of,  p.  493,  §  4268,  subd.  3. 
Recorder,  fees  collected  by  to  be  paid  into  county  treasury,  p.  493, 

§  4268,  subd.  3. 
Recorder,  salary  of,  p.  493,  §  4268,  subd.  3. 
Sheriff,  salary,  fees,  mileage,  commissions  and  expenses,  p.  493,  §  4268, 

subd.  2. 
Superintendent  of  schools,  salarv  and  expenses  of,  p.  493,  §  4268,  subd. 

11. 
Superintendent  of  schools  to  devote  all  his  time  to  duties  of  office, 

p.  493,  §  4268,  subd.  11. 
Supervisors,  salary,  expenses  and  mileage  of,  p.  493,  §  4268,  subd.  13. 


1560  INDEX. 

TUOLUMNE   COUNTY    (Continued). 

iSurveyor,  duty  of  supervisors  to  employ,  p.  493,  §  4268,  subd.  12. 

Hurveyor,  fees  of,  p.  493,  §  4268,  subd.  12. 

Surveyor,  to  be  given  county  work,  p.  493,  §  4268,  subd.  12. 

Tax  collector,  salary  in  full  for  services  as  tax  collector  and  license 

collector,  p.  493,  §  4268,  subd.  6. 
Tax  collector,  salary  of,  p.  493,  §  4268,  subd.  6. 
Treasurer,  salarj-  of,  p.  493,  §  4268,  subd.  5. 
Witnesses,    disallowance    of    fees    where    unnecessarily     summoned, 

p.  493,  §  4268,  subd.  19. 
Witnesses,    fees   and    mileage    of,    p.    493,  §  4268,    subd.    19;    p.    496, 

§  4268a. 

TURKEYS.     See  Game  Laws. 

u 

UNCLAIMED  ESTATES.     See  Escheat. 

UNDERTAKING. 

Attachment,  to  release,  p.  14,  §  540. 

UNDERTAKERS. 

Duties  in  relation  to  registration  of  deaths,  p.  1358,  Act  4302. 

UNINCORPORATED  ASSOCIATIONS.  See  Benefit  Societies;  Building 
and  Loan  Associations;  Keligious,  Social  and  Benevolent  Cor- 
porations. 

UNITED  STATES. 

Acceptance  by  state  of  act  of  congress  for  promotion  of  vocational 

education,  p.  1236,  Act  35861. 
Acceptance  by  state  of  cession  of  portion  of  Presidio,  San  Francisco, 

p.  1355,  Act  4219. 
Acquiring  lands  by  counties  for  army  camps  and  conveying  to  United 

States,  p.  643,  Act  806. 
Assent  of  state  to  federal  act  providing  aid  in  construction  of  rural 

post  roads,  p.  799,  Act  1467a. 
Co-operation   and    contract   between   irrigation   districts   and   United 

States  for  water  or  works,  etc.,  p.  895,  Act  1723j. 
Co-operation  between  and  state  for  storage  of  water  for  irrigation, 

p.  917,  Act  17321. 
Irrigating   and   reclamation    districts,   contracts   with   United   States 

Reclamation  Service  for  reclamation,  p.  951,  Act  l~32j. 

UNITED  STATES  FLAG.     See  Flag. 

UNITED  STATES  SENATE. 

Provision  forbidding  legislator  accepting  money  or  property  under 
agreement  to  vote  for  candidate,  rejjcal  of,  p.  103,  §  631/.. 

I'rovision  forbidding  promise,  advance  or  gift  by  candidate  to  legis- 
lators, repeal  of,  p.  103,  §  63. 

UNIVERSITY  OF  CALIFORNIA. 

AttoiTicy  general   dues  not  represent,  ]>.   Ili4,  §472. 
I'.uildingH  for,  construction  of,  p.   1355,  Act  4263h. 
I'.iiiMiiigs,   issuance  and  sale  of  bonds  for,  ]).   1355,  Act  4263h. 
i'.iiildin^s,    niilinislied,  cum plct ifui   of,   p.    1355,  Act  4263h. 


INDEX.  15GI 

UNIVERSITY  OF  CALIFORNIA  (ContimuMl). 

Repeal  of  sections  admitting  graduates  to  practice  law  witliout  ex- 
amination, p.  9,  §  280b. 
State  university  fund,  creation  of,  p.  1306,  Act  4066. 

UNIVERSITY  OF  SANTA  CLARA. 

Repeal  of  section  admitting  graduates  to  practice  law  without  exam- 
ination, p.  9,  §  280b. 

UNIVERSITY  OF  SOUTHERN  CALIFORNIA. 

Repeal  of  section  admitting  graduates  to  practice  law  without  exam- 
ination, p.  9,  §  280b. 

V 

VALUE. 

What  constitutes,  p.  65,  §  3106.     See  Negotiable  Instruments. 

VENDOR  AND  VENDEE. 

Titles  to  real  estate.     See  Title. 

VENTURA  COUNTY. 

Assessor,  commissions  to  be  paid  into  county  treasury,  p.  469,  §  4259, 

subd.  6. 
Assessor,  deputies,  number  and  salaries,  p.  469,  §  4259,  subd.  6. 
Assessor,  salary  of,  p.  469,  §  4259,  subd.  6. 
Auditor,  salary  of,  p.  469,  §  4259,  subd.  4. 
Board  of  education,  compensation  and  mileage  of  members  of,  p.  469, 

§  4259,  subd.  13. 
Constables,  classifications  of  townships  for  purpose  of  regulating  sal- 
aries of,  p.  469,  §  4259,  subd.  15. 
Constables,  population,  how  ascertained  for  purpose  of  fixing  salaries, 

p.  469,  §  4259,  subd.  16. 
Constables,  salaries,  fees  and  expenses  of,  p.  469,  §  4259,  subd  15. 
Coroner,  fees  of,  p.  469,  §  4259,  subd.  9. 
County    clerk,    deputies,    appointment    and    salaries,    p.    469,  §  4259, 

subd.  1. 
County  clerk,  salary  and  allowances,  p.  469,  §  4259,  subd.  1. 
District    attorney,    deputy,   appointment   and   salary,   p.    469,  §  4259, 

subd.  8. 
District  attorney,  salary  of,  p.  469,  §  4259,  subd.  8. 
Jurors,  grand,  fees  and  mileage,  p.  469,  §  4259,  subd.  19. 
Justices,  classification    of     townships    for   purpose    of    fixing    salary, 

p.  469,  §  4259,  subd.  14. 
Justices,  monthly  report  of  fines,  filing  of,  p.  469,  §  4259,  subd.  14. 
Justices  not  to  hold  office  of  recorder,  p.  469,  §  4259,  subd.  14. 
Justices,  offices  and  supplies  for,  p.  469,  §  4259,  subd.  14. 
Justices,  population,   how   ascertained   for   purpose   of   fixing   salarj-, 

p.  469,  §  4259,  subd.  16. 
Justices,  salaries,  p.  469,  §  4259,  subd.  14. 
Public  administrator,  fees  of,  p.  469,  §  4259,  subd.  10. 
Recorder,  copyist,  appointment  and  salary,  p.  469,  §  4259,  subd.  3. 
Recorder,  salary  of,  p.  469,  §  4259,  subd.  3. 
Salaries  payable  monthly,  p.  469,  §  4259,  subd.  18. 
Sheriff,  deputies   and   assistants,   appointment,   salaries,   mileage   and 

expenses,  p.  469,  §  4259,  subd.  2. 
Sheriff,  fees  to  be  paid  into  county,  p.  469,  §  4259,  subd.  2. 


1562  INDEX. 

VENTURA  COUNTY  (Continued). 

Sheriff,  salary,  mileage  and  expenses  of,  p.  4G9,  §  4259,  siibd.  2. 
Special  counsel,  power  of  supervisors  to  emploj^,  p.  469,  §  4259,  subd.  8. 
Superintendent  of  schools,   deputy,   appointment   and   salary,   p.  469, 

§  4259,  subd.  11. 
Superintendent  of  schools,  office  hours,  p.  469,  §  4259,  subd.  11. 
Superintendent  of  schools,  salary,  allowances  and  expenses  of,  p.  469, 

§4259,  subd.  11. 
Supervisors,  salary,  expenses  and  mileage,  p.  469,  §  4259,  subd.  17. 
Surveyor,  additional  help  for,  p.  469,  §  4259,  subd.  12. 
Surveyor,  salary  and  expenses  of,  p.  469,  §  4259,  subd.  12. 
Surveyor  to  devote  entire  time  to  office,  p.  469,  §  4259,  subd.  12. 
Tax  collector,  deputy,  appointment  and  salary,  p.  469,  §  4259,  subd.  5. 
Tax  collector,  salary  of,  p.  469,  §  4259,  subd.  5. 
Treasurer,  commissions  to  be  paid  into  county  treasury,  p.  469,  §  4259, 

subd.  7. 
Treasurer,  deputies,  appointment  and  compensation  of,  p.  469,  §  4259, 

subd.  7. 
Treasurer,  salary  of,  p.  469,  §  4259,  subd.  7. 

VENICE. 

Waterfront,   grant  of   to,  p.   1357,  Act  4271. 

VERDICT. 

Setting  aside   verdict   of  guilty   where   conditions   of   probation   ful- 
filled, p.   151,  §  1203,  subd.  e. 

VERIFICATION. 

Escheated  estate,  of  petition  for,  p.  26,  §  1272a. 

Life  estate,  of  petition  for  termination  of,  p.  32,  §  1723. 

Petition  for  formation  of  reclamation  district,  of,  p.  281,  §  3447. 

VETERANS.     See  Soldiers  and  Sailors. 

License  tax,  exemption  of  honorably  discharged  soldiers,  sailors  and 
marines  from,   p.   280,  §  3366. 

VETERINARIAN. 

State.     See   State  Veterinarian. 

VITAL  STATISTICS. 

Lunau  tor  preservation  of  records  of  births,   marriages  and  deaths, 

provision   for,   p.    1358,   Act   4219. 
Bureau   of,  duties  of,  p.  280,  §  3074. 
Bureau  of,  state  board  of  health  to  maintain  at  Sacramento,  p.  280, 

§  3074. 
Bureau   of,   under   suiH'r\ision    of   state   registrar   of   vital   statistics, 

p.  280.  §  3074. 
Health  officer,  duty  as  to,  ]).  278.  §  2984. 
Certificates    of    births    and     deaths,    issuance    and    registration     of, 

p.  1358,  Act  4302. 
Duties   and   powers   of   registrars,   coroners,   physicians,   undertakers 

and  sextons  in  relation  to  vital  statistics,  p.  1358,  Act  4302. 
Marriages,   births   and    deaths,   preservation    of   records    of,   p.    1358, 

Act  4302. 
Kegistrars  of,  state   and   local,  appointment  of.   p.   135S,  Act  4302. 
Kegistration     districts     for     registration     of    births,     marriages    and 

dcatlis,    establishment    of,    p.    1358,    Act    4302. 
State   registrar   cf,   duties  of,   p.  2>(l,  §  3074. 


VOTERS.     Sec  Elections. 
VOTING.     See   Elections. 


INDEX.  15G3 


w 


WAGERS.     See   Gaming. 

WAIVER. 

Api)oarance,  by,  p.   247,  §  2022. 

Notice  of  dishonor  of  negotiable  insfrnment,  of,  p.  82,  §§  .3190-3192. 

WAR. 

State   board   of   education    authorized   to    close    schools    during   war, 

p.  1235,  Act  3586k. 
State  council  of  defense,  creation  of,  p.  1368,  Act  4314. 
State  council  of  defense,  duties,  officers,  comj^ensation,  headquarters, 

etc.,   p.   1368,   Act  4314. 
State    defense    guard,    creation,    control,    compensation    and    duties, 

p.   1060,   Act  2203. 

WARDENS. 

Game.     See  Game. 

WARRANTY. 

Bond,  warranty   on   negotiation   of,   p.   73,  §  3146. 
General  indorser,  warranty  of,  p.  73,  §  3147. 

Negotiation   bv   delivery   or   qualified   indorsement,   warranty   under, 
p.  73,  §  3146. 

WATER  COMMISSION. 

Amendments    of    act    of    1913    creating   water    commission,    p.    1369, 

Act  4340. 
Appropriation    of  water,   rights,   powers   and    duties   of   commission, 

p.  1369,  Act  4340. 

WATER  COMPANIES. 

Installation     of    sanitary     water    systems,    providing    for,    p.     1380, 

Act  4348b. 
Mutual  water  companies,  conditions  of  delivery  of  water  to  others 

than  members,  p.  952,  Act  1732k. 
Mutual  water  company,   defined,  p.  952,  Act  1732k. 
I'se   of   water   dangerous   to   health,   prevention   of   use   of,   p.    1380, 

Act  4348b. 

WATER  DISTRICTS. 

Act  of  1913  providing  for  organization  of  by  supervisors  on  petition, 

amendment   of,  p.   1385,   Act   4349a. 
Bonds  of,  legal  investments  for  bank,  school  and  trust  funds,  p.  599,. 

Act  387a. 
County  water  districts,  acquisition  of  water  rights  and  construction 

of  waterworks,  p.  1383,  Act  4349. 
County  water  districts,  amendment  of  act  of  1913  relating  to,  p.  1383, 

Act  4349. 
County  water  districts,  distribution   and   sale   of  water  bv,   p.   1383, 

A'et  4349. 
County  water  districts,  incorporation,  organization   and  management 

of,  p.  13S3,  Act  4349. 
Organization    of   bv   supervisors    upon   petition    bv    land    owners,   act 

relating   to,  p."  1385,  Act  4349a. 


1564  INDEX. 

WATERFRONT. 

Alameda  city,  grant  of  to,  p.  545,  Act  86. 

Areata,  grant  of  to,  p.  555,  Act  223. 

Berkeley,  grant  of  to,  p.  598,  Act  334. 

Cities  authorized  to  improve  harbors,  p.  1131,  Act  2389k. 

Los  Angeles  Citv,  grant  of  to,  p.  981,  Act  1991. 

National  City,  grant  of  to,  p.  1132,  Act  2420. 

Oaklaiid,  grant  of  to,  p.  1137,  Act  2534. 

San  Diego  City,  grant  of  to,  p.  1203,  Act  3158a. 

Santa  Monica,  grant  of  to,  p.  1224,  Act   3527. 

Venii'e,  grant  of  to,  p.  1357,  Act  4271. 

WATERING  RESORTS. 

Sanitation,  healthfulness,  cleanliness  and  safety  of  swimming-pools 
and  bathing  places,  p.  1386,  Act  4349e. 

Swimming-pools  and  bathing  places,  declaring  a  nuisance  and  abat- 
ing, p.   1386,  Act  4349e. 

Swimming-pools  and  bathing  places,  granting  and  revoking  permit 
by  state  board  of  health,  p.  1386,  Act  4349e. 

Swimming-pools  and  bathing  places,  inspection  of,  p.  1386,  Act  4349e. 

Swimming-pools  and  bathing  places,  supervision  of  state  board  of 
health  over,  p.   1386,   Act  4349e. 

WATERS.     See  Kelp. 

Act    preventing   carrying   of   waters   into    another    state,    repeal   of, 

p.  1388,  Act  4351. 
Appropriation  of,   amendments  of  act   of  1913,  relating  to,  p.   1369, 

Act    4340. 
Appropriation  of  waters,  right  of  and  procedure,  p.  1369,  Act  4340. 
Assessment  of  water  ditches,  p.  309,  §  3663. 
Canals,  ditches,  flumes,  etc.,  screens  before  to  protect  fish,  provision 

relating  to,  p.  123,  §  629. 
Dams,    department    of    engineering    given    authority    over,    p.    1246, 

Act  3S18b. 
Dams,  fishways  around  or  over,  provision  relating  to,  p.  140,  §  637. 
Dams,  fishways  or  ladders  around  or  over,  hatchery  in  lieu  of,  p.  140, 

§  637. 
Dams,  ladders  over  for  fish,  provision  relating  to,  p.  140,  §  637. 
Dams,  proceedings  where  too  high  for  fishways,  p.   140,  §  637. 
Dams,  regulation  of  construction  of,  p.  1246,  Act  3818b. 
Drainage.     See  Drainage. 

Diyersion   of,   action   to   enjoin,   defense   of   use   of  water  for  irriga- 
tion  and  procedure  in,   p.    12,  §  534. 
Harbors.     See  Waterfront. 
Ifouse-boats,  ])rovisions  as  to  auclioriiig  in  streams  used  for  domestic 

]iurposeH,    ]).    1151,    Act    2S30. 
Investigation     of     rainfall,    flood     conditions,     dams,     etc.,     p.     1246, 

.Act   381  Sb. 
Irrigation.     See    Irrigalioii. 

I'rotection   districts.     See   Protection   Districts. 
Keclamation  districts.     See  Eeclamation  Districts. 
Hiver.s,  canalization  of,  survey  and  report  on,  p.  1246,  Act  3818b. 
Rivers,  ])articular  river.     See  particular  title. 

Sewage,  discharge  of  into  waters,  act  relating  to,  p.  1151,  Act  2830. 
Tide-lands.     See  Swamp  and   Overflowed  Jjands. 

Use  of  water  dangerous  to  health,  prevention  of,  p.  1380,  Act  4848b. 
Water    commission.     See    Water    Commission. 
Water  companies.     See  Water  Companies. 


INDEX.  15G5 

WATERS  (Continued). 

Water  districts.     See  Water  Districts. 

Waterfront.     See  Waterfront. 

Watering  resorts.     See   Watering   Resorts. 

WEAPONS.     See  Deadly   Weapons. 

WEASELS.     See  (iaine   Laws. 

WEIGHTS  AND  MEASURES. 

Amendment  of  act  of  1913,  relating  to,  p.  1388,  Act  4385. 

WEST  SIDE  IRRIGATION  DISTRICT. 

Formation  of  validated,  p.  900,  Act   1725k. 

WHITING.     See  Game  Laws. 

WHITTIER  STATE  SCHOOL. 

Department  for  clinical  diagnosis  of  inmates,  creation,  powers,  duties 

and  expenses,  p.  1391,  Act  4414. 
Inquiry    into    causes    and    consequences    of    delinquency    or    mental 

deficiency,    p.    1391,   Act    1391. 

WILD  CATS.     See  Game  Laws. 

WILLS. 

Alienation,  power  of,  how  long  may  be  suspended,  p.  53,  §  715. 

Charities,  bequests  to,  restrictions  upon,  p.  54,  §  1313. 

Guardian  of  insane  person,  appointment  of  by  will  or  deed,  p.  40, 

§242. 
Stat6   or  state  institutions,  bequests   to,   no  restriction   upon,  p.  54, 

§  1313. 

WILSON  SNIPE.     See  Game  Laws. 

WINES. 

Transfer  of  wines  in  wineries,  etc.,  without  change  of  possession, 
how  made,  p.   100,  §  3440. 

WIPING  RAGS. 

Not  to  be  cleaned  in  laundry,  p.  1157,  Act  2S40b. 

WITNESSES. 

Adverse  party  called  by  opposed,  riglit  of  examination  of  by  liis 
own  counsel,  p.  35,  §  2055. 

Adverse  parties,  may  be  examined  by  opponent,  p.  35,  §  2055. 

Adverse  party,  opponent  calling  may  rebut  testimony  of,  p.  35,  §  2055. 

Adverse  parties,  opponent  calling  not  bound  by  testimony  p.  35, 
§  2055. 

Adverse  parties,  rules  governing  examination  of  by  opponent,  p.  35 
§  2055. 

Attorney   as,   p.   33,  §  1881. 

Attorney,  secretary,  clerk  or  stenographer  as   witness,  p.  33,  §  1881. 

Clergyman  as,  p.  33,  §  1881. 

Corporations,  examination  of  directors,  officers,  superintendent  or 
manager  by  adverse  party,  rules  as  to,  p.  35,  §  2055. 

Depositions.     See   Depositions. 

Husbands  or  wives  as,  p.  33,  §  1881.     See  Privileged  Communications. 

Physicians  or  surgeons  as,  p.  33,  §  1881.  See  Privileged  Communica- 
tions. 

Privileged   communications.     See   Privileged    Communications. 

Military  courts,  before.     See  National  Guard. 


1566  INDEX. 

WIVES.     See  Husbaud  and  Wife. 
WOLVERINES,     See  Game  Laws. 

WOMEN. 

Eight-hour  law  for  female  emploj-ees,  p.  839,  Act  15.37. 
.Jurors  or  grand  jurors,  competency  as,  p.  6,  §  204. 

WORDS  AND  PHRASES.     See  Definitions. 

Accommodation   party   to   negotiable   instrument,   p.   65,  §  3110.^ 

Action,  p.   98,  §  3266. 

Bank,  p.   98,  §  3266. 

Great   register,   p.   181,  §  1094. 

"Gross  receipts  from  operation,"  p.  313,  §  3665a. 

Holder  in  due  course,  p.  70,  §  3133. 

Indorsement,    cjualified,    p.    67,  §  3119. 

Negotiation   of   negotiable   instrument,   p.   66,  §3111. 

"Operative  property,"  p.   314,  §  3665b. 

Person,  p.  98,  §  3266. 

Primarily  liable,   p.   99,  §  3266a. 

Eegister;    p.    181,  §  1094. 

Secondarily   liable,  p.   99,  §  3266a. 

Value,   p.    65,  §  3106. 

Writing    includes    print,   p.    98,  §  3266. 

Written  includes  printed,  p.  98,  §  3266. 

WORKMEN'S  COMPENSATION. 

Beneficiaries  of  workmen's  compensation  insurance  policies,  protec- 
tion against  insolvency  of  insurance  carriers,  p.  1036,  Act  3143f. 

Employers'  liability  act  of  1913,  repeal  of  certain  sections,  p.  1039, 
Act  2144a. 

Employers'  liability  and  workmen's  compensation  act  of  1917,  p.  988, 
Act  2143c. 

Y 

YEAR. 

School,   beginning  and  ending  of,  p.  223,  §  1670. 
School   year.     See   Schools. 

YOLO  COUNTY. 

Assessor,   salary   and   expenses  of,   p.  484,  §  4264,   subd.   7. 

Auditor,    salary    of,    p.   484,  §  4264,   subd.    4. 

Constables,  ascertaining  population  of  townships  for  purpose  of  de- 
termining compensation,  p.  484,  §  4264,  subd.  14. 

Constables,  com])ensation  where  nu)ro  than  one  in  same  township, 
p.    484,  §  4264,   subd.    14. 

Constables,  salaries  and  fees  of,  ]).  4S1,§  12()1,  sulxl.   14. 

Coroner,  fees  of,  p.  484,  §  4264,  subd.  9. 

County  clerk,  salary  and  allowance,  p.  484,  §  4264,  sulxl.   1. 

District   attorney,   salary    of,  p.  4S4,  §  4264,  subd.   8. 

.Justices,  ascertaining  [)'opulation  of  townslni)s  for  purpose  of  deter- 
mining salaries,   p.  481,  §  4264,   subd.    M. 

.Justices,  comjiensation  where  more  than  one  in  same  townshij), 
p.   484,  §  42G4,   subd.   13. 

.Fiisticos,  fines,  payment  into  treasury,  p.  484,  §  4264,  subd.  13. 

.Tustii'cs,   salaries   and    fees,   p.   484,  §  4264,   subd.    13. 

I'ublic   a.lministrator,  fees  of,  p.  484,  §  4264,  subd.  10. 


INDEX.  •  1567 

YOLO  COUNTY  (Continued). 

Keconlcr,  salary  of,  p.  -184,  §  42()4,  subil.  .3. 

Hherift',   salary  of,  p.  484,  §  42(54,  subd.   2. 

Superintendent     of     schools,     salary     and     ox])enses,     p.     4S4,  §  42fi4, 

subd.  11. 
Supervisors,   salary    of,    ]>.   484,  §  4264,   subd.    In. 

Surveyor,  county  work,  amount  of  required,  p.  484,  §4261,  subd.  12. 
Surveyor,  salary  and  allowances,  p.  484,  §  42G4,  subd.  12. 
Tax  collector,  salary  of,  p.  484,  §  4264,  subd.  5. 
Treasurer,    salary    of,    p.    4S4,  §  4264,    subd.    ;">. 

YOUNG  MEN'S  CHRISTIAN  ASSOCIATION  LAW  COLLEGE  OF  SAN 
FRANCISCO. 

Kepeal  of  section  adniittin;^  jrratluates  to  practice  without   examina- 
tion, p.  9,  §  2S0b. 

YUBA  COUNTY. 

Assessor,  de]iuties,  number,  apiiointment   and  salaries,  p.  491,  §  4267, 

subd.  7. 
Assessor,  salary  of,  p.  491,  §  4267,  subd.  7. 
Auditor,  salary  of,  p.  491,  §  4267,  subd.  4. 
Constables,  population  of  townships,  how  ascertained  for  purpose  of 

fixing   salaries    of,   p.    491,  §  4267,   subd.    13. 
Constables,  salaries,  fees  and  expenses  of,  p.  491,  §  4267,  subd.  13. 
Coroner,  salary  and  expenses  of,  p.  491,  §  4267,  subd.  9. 
County  clerk,  deputy,  appointment  and  salary,  p.  491,  §  4267,  subd.  1. 
County  clerk,  salary  of,  p.  491,  §  4267,  subd.  1. 
District    attorney,   clerk,    appointment   and   salary    of,    p.   491,  §  4267, 

subd.    7. 
District  attorney,  salary  of,  p.  491,  §  4267,  subd.  8. 
Justices,    population   of   townships,   how   ascertained   for   purpose   of 

fixing   salaries,   p.   491,  §  4267,   subd.    13. 
Justices,  salaries,  expenses  and  fees  of,  p.  491,  §  4267,  subd.   13. 
Public  administrator,  fees  of,  p.  491,  §  4267,  subd.  10. 
Recorder,  deputj',  appointment  and  salary,  p.  491,  §  4267,  subd.  3. 
Recorder,  salary  of,  p.  491,  §  4267,  subd.  3. 
Sheriff,  salary  and  expenses  of,  p.  491,  §  4267,  subd.  2. 
Superintendent    of    schools,    salary    and    expenses    of,    p.    491,  §4267, 

subd.   11. 
Supervisors,  mileage  as  road  overseers,  p.  491,  §4267,  subd.   14. 
Supervisors,  salary  of,  p.  491,  §  4267,  subd.  14. 
Surveyor,  salary  and  expenses  of,  p.  491,  §  4267,  subd.   12. 
Tax  collector,  salary  of,  p.  491,  §  4267,  subd.  6. 
Treasurer,  deputy,  appointment  and  salary  of,  p.  491,  §  4267. 
Treasurer,  salary  of  p.  491,  §  4267,  subd.  .5. 


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